United States of Argonath vs. Andrew Aky

[Klaus]

* Klaus steps up onto the Witness box.

I solemnly, sincerely and truly declare and affirm that I will tell the truth, the whole truth, and nothing but the truth.

FBI Director Klaus, who is aware of Aky's attempts to develop a new training protocol for barrier usage, can also testify his knowledge of such research. The environment in which the actions took place did not endanger anyone's life or damage any private property. To conclude this point, the usage of the equipment was well within normal norms and happened in a controlled environment.

I cannot really remember having any discussions regarding the training protocol of barrier usage with Andrew. Most police training is done by the VCPD internally and protocols are set by the Chief of Police. As FBI Director I will only ever focus on Federal matters and barrier usage doesn't really concern me. I do however disagree that the environment was a safe environment to conduct such training. It is an unwritten rule that all training using firearms should take place within the Fort Baxter Airbase. To my knowledge, Andrew was aware of this rule but I cannot prove it as there isn't anything written down officially. In my opinion firing weapons on the street, outside a Police Station, is not safe at all. How can it be a controlled environment when any civilian may cross that path at any given point? I certainly would have chosen a better location to conduct such training.

We wish to reiterate that any weaponized training is always to be done in the Fort Baxter Training Base where the VCPD can conduct their training without endangering other people. However, Chief Aky is very clearly attempting to simply lie his way out of the charge by stating it was a "training" when in reality it was nothing but him abusing his weaponry and brandishing it without any legally justifiable reason in public. Therefore I request FBI Director Klaus to attest that he authorized, condoned or in any way encouraged this sort of blatant misuse of standard police barriers and/or weaponry.

I did not authorize, condone, or encourage in any way this barrier training that took place outside the Police Station on that day.

Our first question is why was FBI Director Klaus with Andrew Aky at that exact moment inside an unidentified interior?

I was invited into the building by the owner, Martino Gonzales. He was also present at this time and allowed me to enter. I noticed Andrew was also present and was off duty at the time.

What was the context in which they were there together at that time?

I was invited there, by Martino. Andrew must have been also.

Where were these action taking place exactly? What property were they in?

The property is named Hyman Condo, I believe.

Who was the owner of the drugs that were supposedly being used in the evidence?

I don't know who's drugs they were. The cocaine was placed on Martino's coffee table in the living area. I was secretly collecting evidence of it at the time as Martino has been a person of interest for a long time.

And finally, why did the FBI director not react to the situation at the time and just allowed the defendant to consume said subtance?

At first, I was completely surprised by the actions taken by Andrew. Because I was secretly collecting evidence at the time, initially for Martino, I decided to keep the evidence and later question Andrew on it later in a recorded interrogation. I've had worries about him for a long time, after his wife broke up with him and moved away. He had been battling with depression. I never knew he was using cocaine.

Did Aky and Klaus happen to be inside a random house with the chief randomly snorting cocaine, in front of the FBI Director no less, for no reason, with mister Klaus just standing there and letting it happen?

I'm not sure what more you expect me to have done? He snorted the cocaine right in front of me. I couldn't stop him. I was shocked at what I had witnessed. I collected the evidence so I could question him on it at a later stage.

This is the head of the Federal Bureau of Investigation that we are talking about here, a man who deals with illegal drugs far more than the average person. The situation presented sounds not only ludicrous but absolutely impossible given the context.

I have to agree. It does sound ludicrous but that is what happened. Maybe Andrew forgot I was there? He certainly didn't know I was collecting evidence at the time.


Thank you, your honor.

* Klaus steps off the witness box

[Lonewolf]

* Aky stands up
Your honor, I, Andrew Aky, have been in the police force for a long time. As my many colleagues have shown during this trial, I am far from the ideal man to hold the position of chief and yet I have earned that title in the police force through years of hard work. I doubt that anyone believes I got that position because of my critical thinking skills. I got that position because of my skill in handling the criminal activity in Vice City, not because of my outstanding moral compass.

I did take a great deal of unprofessional or even stupid decisions during my time as the chief of police and I might have gotten on my subordinates' nerves on multiple occasions but I never intended to endanger anyone with my actions and I most certainly never neglected my role in preventing and punishing criminal activity.

1. I did not stop an agent from performing his duties, even if I may have annoyed him. I personally apologize to him and, should I have to interact with him in the future, I will make sure to avoid any sort actions that may impede his work in any way.

2. I never committed manslaughter on innocent civilians or vandalism of public or private property, unless the court considers a few skidmarks I made because of a slight loss of control as such.

3. I did consume drugs however I do not know where they originated from or who their owner was. I let the emotions caused by a personal matter get the better of me and I acted without thinking. I, however never condoned the usage of and always fought to remove drug schemes off the face of the earth and never consumed such substances before this moment. I would also like to personally apologize to the agent that had to witness me at my lowest on that godforsaken day.

4.Regarding that case in which I was present at the death of that woman, on the scooter, I was already jailed for this supposed crime even though it was because of my passenger's suicidal tendencies. I may have been reckless on letting that woman get on my scooter in such a hazardous position but I didn't think much of it at the time. Should the judge consider that I should still be trialed for a crime I already served time for, then so be it!
((I am getting charged for stupid desync, like really?))

5. I did not commit grand theft auto. I do not understand why the prosecution keeps trying to pin the theft of a car they didn't even properly identify at first on me just because of a joke remark I made on the police radio. I would like to once again apologize to all the officers that witnessed my so called "confession" on the radio and pledge to do my best to express my sarcasm better or even avoid using it in the future.

6. I never plotted or set up the murder of any civilian or police officer and I do not understand why the prosecution keeps using my aggressive and reckless behavior as proof that I ever intended to do such a thing. I also do not understand how me being sexist can be considered sexual harassment. Yes, I do believe women have different qualities to men, but driving helicopters isn't one of them. Do we live in a dystopian future where opinions are illegal? The States are free and I have the right to my own view of the world, even if my co-workers don't agree with it.

I am aware that my testimony does not mean anything now since the court probably already made their decision but I hope at least my former colleagues can understand where I am coming from. I apologize for my behavior but this is who I am. I can't change. Also was it really necessary to drag me to court to strip me of the title? Did I really do such a bad job leading the Police Department that so many officers turned against me? Couldn't all of this have been handled internally? Maybe I just don't know all the laws and all these charges are valid. But at least I hope that after I get fined out of this world and sent behind bars, I can get an explanation from the people that I though of as my comrades as to where I went wrong.

Thank you, your Honor.

[Klaus]

Vice City Law Courts Argonath Federal Court

From: The Argonath Administrative Tribunal Committee Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "State vs Andrew Aky" Proceeding Number: VC-CR0002/2021

Medium Neutral Citation:	United States of Argonath vs. Andrew Aky[No. 2] [2021] AFCR 14
Date of Decision:	24th October 2020
Jurisdiction:	Common Law
Before:	Sir Klaus
Catchwords:	CRIMINAL LAW - Administrative Tribunal Committee - trial verdict. CRIMINAL LAW - Defendant charged with illegal substance abuse. CRIMINAL LAW - Defendant charged with police negligence.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	None.
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Andrew Aky (Defendant)
Representation:	Kowalski (P) Andrew Aky (D)

JUDGEMENT

[1].        By criminal summons and information filed on the 24th of December 2020,¹ Mr Andrew Aky (the 'Defendant') stands charged with four counts of Public Endangerment, two counts of Destruction of Private Property, and one count of Manslaughter, Grand Theft Auto, Obstruction of Justice, Use of Prohibited Drugs, Conspiracy to commit First Degree Murder, Conspiracy to commit Aggravated Assault, and Sexual Harassment under the Crimes (Further Offences) Ordinance 2017.

[2].        Mr Andrew Aky has been charged for multiple counts of Obstruction of Justice. In the first Exhibit posted by the Prosecution, it is argued that the defendant obstructed the FBI Agent and prevented them from carrying out their duties by wrongful use of police barriers. We find that the evidence provided by the prosecution is not enough proof that the defendant had indeed prevented the FBI Agent from performing their duty. We find that the defendant acted in a professional manner when approached by the Agent, and complied with the request to remove the barrier almost instantly. We also found that there was no sufficient argument to the defendant’s claims that he had been training with the barriers prior to the FBI Agent arrival at the Police Station. The Tribunal believe that the Police Parking is a suitable place to conduct such training, and had there been more sufficient notice, the training would not have impeded the Agent’s duties and would have prevented such scenario from happening. 

[3].        The prosecution has adduced further exhibits to their case, again arguing that the defendant was misusing police barriers, although this time causing Public Endangerment by doing so. In the exhibit(s), it can be seen that the defendant had placed a number of barriers outside the Police Station, on the sidewalk, around his peer Officer Ghiless. The defendant then proceeded to fire a number of rounds towards his beer, where it can be seen he is not wearing any kind of Kevlar vest or head protection. We find this to be incredibly dangerous, and a complete disregard for the Officers well-being. Not only that, but the Tribunal agrees that conducting such training outside in public is of great danger to the public.

[4].        The Prosecution submitted further evidence within this same Exhibit, detailing the account of Mr Andrew Aky driving his Hermes across Little Haiti and Little Havana. The Prosecution have argued that the defendant had been driving recklessly, causing Public endangerment to those around him. Although the defendant’s argument about what happened in Little Haiti in believable, the description of what happened in Little Havana is not. The skid marks fit the defendant’s car path and we do not find the story of being parked behind the warehouse to be true as the angle of the vehicle does not align with what the defendant claims. With the evidence provided, it is without doubt that the defendant was recklessly driving, near missing the FBI Agent as well as driving on the opposing lane of traffic without sirens.

[5].        The next charge put forth by the Prosecution was evidence of the defendant’s use of prohibited drugs. Provided in Exhibit 3 is a clear recording of the defendant using Cocaine, an illegal prohibited drug. Although the defendant’s actions are inexcusable, the Tribunal does not agree with the Prosecution painting this as the defendant being  incompetent, with no remorse. The defendant has quite clearly shown remorse for his actions to the Court.

[6].       The prosecution had submitted evidence in Exhibit 4, where is can be quite clearly seen that the defendant commits Manslaughter by indirectly killing a woman with his scooter. The Tribunal agrees that the defendant clearly begins to drive at speed while the deceased was standing on top of the scooter, endangering both their lives. The defendant argued that this happened by accident, due to an emergency stop, but this does not excuse his actions. The defendant is liable for his passengers safety whilst driving his scooter.

[7].        The next part of this case truly baffled the Court. The Prosecution began by arguing that the defendant had committed an act of Grand Theft Auto, submitting evidence that was supposedly the defendant admitting his own guilt on the Police radio frequency. The Prosecution believed Mr Goura Muhamad to be the victim of this crime, explaining that the car was his. The defendant later submitted further evidence, proving this to be untrue, and that the description of the car given by the Prosecution did not match that of Goura’s vehicle.  The Prosecution had misidentified not only the owner of the vehicle, but also the colour. The evidence is therefore invalidated and the Tribunal is will not entertain such mismanaged and inconclusive evidence.

[8].        The Prosecution lastly submitted one further piece of evidence, within Exhibit 6, supporting charges of Conspiracy to commit Aggravated Assault, Conspiracy to commit First Degree Murder, Sexual Harassment as well as Destruction of Private Property. Beginning with the Destruction of private property, The Tribunal accepts that the defendant’s cigarette bud may have possibly indirectly caused damage to the Helicopter, but find that the evidence inconclusive of such. At most this looks like an unfortunate accident where thankfully no one was hurt. With regards to the Sexual Harassment charge, the Tribunal does believe that there is enough supporting evidence to back this up. The defendant quite clearly talks about masturbating in front of his female peers, which would make them feel very uneasy. The defendant then continues by accusing women of being unable to pilot helicopters. This is absurd and a complete disrespect to women. Moving on to the  Conspiracy to commit aggravated assault & first degree murder charges, the Tribunal find these charges to be a complete overreaction and oversight of the real problem here. The Defendant shows clear signs of having Post Traumatic Stress Disorder, with flashbacks to Vietnam War. The mentioning of Vietcong and napalm strikes are a clear sign that the defendant is suffering a mental breakdown. There is no Vietcong present in Vice City, nor is it actually possible to carry out napalm strikes. The defendant is quite clearly unfit to work on the field, however such case must be treated carefully and appropriately. This country has already made many mistakes on how we have treated war veterans, and wishes not to make the same mistakes yet again. The Tribunal strongly believes that the defendant should be issued to the correct facility where he can receive the necessary help he needs.

Sentencing

[9].        The defendant is found guilty of one Count of Use of Prohibited Drugs. Therefore, the defendant is to be issued a monetary penalty of $15,000 ARD.

[10].        The defendant is found guilty of one Count of Manslaughter. Therefore, the defendant is to be issued a monetary penalty of $75,000 ARD.

[11].        The defendant is found guilty of one Count of Sexual Harassment. Therefore, the defendant is to be issued a monetary penalty of $25,000 ARD.

[12].        The defendant is found guilty of one Count of Public Endangerment. Therefore, the defendant is to be issued a monetary penalty of $10,000 ARD.

[13].        The defendant is found guilty of one Count of Reckless Driving. Therefore, the defendant is to be issued a monetary penalty of $5,000 ARD.

[14].        The defendant is found not guilty of Obstruction of Justice.

[15].        The defendant is found not guilty of Grand Theft Auto.

[16].        The defendant is found not guilty of Conspiracy to commit First Degree Murder.

[17].        The defendant is found not guilty of Conspiracy to commit Aggravated Assault.

[18].        The defendant is found not guilty of Destruction of Private Property.

[19].        The defendants overall charge to be increased by 10% due to a not guilty plea given early in proceedings.

[20].        I find it absolutely necessary to apply a deterrence and denunciation for repeated offences by the defendant, taking into account previous convictions. Therefore, the monetary fine will be increased by a further 10%.

[21].        As such the final sentence that I hand down for the defendant is for him to be fined $156,000 ARD, and for the defendant to serve a term of imprisonment of 25 years (25 minutes). I find no need to take into considerations good behavior or parole as these are systems not developed in this jurisdiction.

I certify that the preceding fourteen (21) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Judge Sir Klaus.

Register

THE COURT ORDERS THAT:

[1].        That the defendant is to be convicted of the crimes for which he has been found guilty for.

[2].        That the defendant is sentenced to an aggregate term of imprisonment of 25 years, (25 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[3].        That the defendant be issued a monetary penalty of $156,000 ARD, to be stripped from the defendant's bank accounts and/or if the defendant cannot pay the sum, for the liquidation of any property, businesses, vehicles or other assets to cover such fine with the rest of the liquidation funds to go to the State.

[4].        The defendant is hereby ordered to be relieved of their duties as VCPD Chief with immediate effect.

[5].        The defendant must undergo treatment for Drug Abuse and Post Traumatic Stress Disorder.

ORDERED, on this 11th day of November, 2021.

Signed,

Klaus
Sir Klaus
AAT Committee member

~Distributed by authority of the Courts of Argonath~