[PROCEEDINGS TERMINATED] United States of Argonath vs. Nylez

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.27
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

I. Opening Statement

On 25th January, 2018, Captain of the Vice City Police Department, Steven Collingwood, has reached out to the Court of Vice City to issue a search and seize warrant on Warehouse #36, Cam Can's Openers, Little Havana, owned by citizen Nylez.

Said property has been found to be used as an accessory to a crime, as one of its tenants (now deceased), VU.Amal, has been witnessed storing items in the warehouse while being wanted by the police under the charge of taking part in an illegal trafficking operation via the waters of the state of Vice City. Said warrant was approved by Judge Alexander Tremblin. Judge has warrant search of all the tenants and confiscation of any illegal items found in the posession of the tenants.

As an outcome of this police operation which took place on 27th January, 2018, the Police Department of Vice City has found the defendant Nylez, who is also the warehouse owner, to be in posession of 12 illegal weapons in their storage. These weapons are:

1) Narcotics (Weed) - 1g.
2) Narcotic Seeds - 80g.
3) Explosives - 70 units
4) M60 Machine Gun - 1000 bullets
5) Kurz MP5 - 8762 bullets
6) Bulldog Shotgun - 410 bullets
7) Desert Eagle - 148 bullets
8) Molotov Cocktails - 26 bullets
9) Grenade - 40 units
10) Remote Detonation Grenades - 17 units
11) Rocket Launcher - 14 rockets
12) Flamethrower - 360 liters.

As seen from the evidence, your honour, citizen Nylez, who owns the Warehouse 36, has not only stored illegal items in his property, but the property owned by the defendant has also been used by other subjects of the said police operation who have also been found in posession of illegal items. Your Honour, based on this observation, we have reason to believe that this property is being used as an accessory for criminal activities by the owner and his tenants.

We believe that the amount of illegal items found in the owners storage alone warrants the removal of the said property from the defendants posession. It can be referenced to a previous court case against citizen VU.Amal, dated on 27th July, 2017, where the property was stripped from the defendants posession under charges of a similar nature, yet the posession being of far smaller quantity. Seeing how on top of that, the defendant is being accused of allowing other tenants to use the warehouse for the act of illegal posession, it is a reasonable request that this property is removed from the defendants posession as well.

The VCPD would also like to bring the fact that this is not the first time the warehouse catches attention of the law for use of illegal activities, we would like to reference the court to the previous warrant issued against one of its former tenants, [VU_T]Eazy, who has also been witnessed storing items in the said warehouse while being wanted by the police. Even though the warrants outcome was unsatisfactory, as the subject of that warrant seems to have been tipped of about the upcoming police action against them, the property was still used as an accessory to a crime.



II. Legal Reference

1.

Section 5: Illegal Possession Offences
It is a criminal offence for any person to be in possession of:
   (a) an M60 Machine Gun and any relevant ammunition for such weapon, or
   (b) a Bulldog Shotgun and any relevant ammunition for such weapon, or
   (c) a device that can project fire or flames and any petrol, fuel or other thing used to project such fire or flame, or
   (d) a rocket propelled grenade launcher and any relevant ammunition for such weapon, or
   (e) an explosive grenade(s) or remotely controlled explosive grenade(s), or
   (f) a Desert Eagle and any relevant ammunition for such weapon, or
   (g) a Kurz SMG and any relevant ammunition for such weapon.
   (h) a traffickable quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose.

2.

Section 10: Strict Liability
All criminal offences within this ordinance are to be interpreted that of strict liability, meaning that intention or mens rea is not required to find a defendant guilty of an offence in this ordinance.

III. Charges

1. Posession of illegal weaponry in enormous amounts.
2. Posession of narcotics.
3. Posession of explosives.

IV. Demands

1. Citizen Nylez to be fined 500.000 ARD for posession of illegal weapons, narcotics and explosives in tremendous amounts.
2. Citizen Nylez to be imprisoned for thirty years (30 minutes) in federal prison for crimes against the state.
3. Citizen Nylez is not to sell or otherwise change the ownership of Warehouse #36 until legal case against the owner is resolved.
4. Warehouse #36 to be stripped from the owners posession and auctioned in the State Auction to compensate for the damages caused to the state, as it has been used as an accessory to a crime by several other defendants, whose legal cases are to be referenced in the evidence section.

V. Settlement Offer

Vice City Police Department would like to offer the defendant a settlement offer. If the defendant

... pleads guilty.
... surrenders his property to the state.

we're willing to lower the monetary demands to 300.000 ARD and a prison sentence of 15 years (15 minutes) for the crimes comitted.



VI. Evidence

1. Storage in Warehouse #36, owned by Owner Nylez:
https://imgur.com/a/ZTxr4

2. Legal Cases against the defendants tenants for use of Warehouse #36 for criminal intentions:
http://www.argonathrpg.eu/index.php?topic=123282.0
http://www.argonathrpg.eu/index.php?topic=123283.0

3. Reference to a court case against VU.Amal whose property has been stripped to compensate damages done to the state for its use for criminal intentions.
http://www.argonathrpg.eu/index.php?topic=121393.0

4. Reference to a warrant against [VU_T]Eazy

Spoiler for Hiden:

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Raid against Warehouse #36"

EX TEMPORE ORDERS

[1].        That a warrant be granted to to the Federal Bureau of Investigation and/or Vice City Police Department to search and seize any and all illegal items at Warehouse #36.

[2].        That a warrant be granted to the Federal Bureau of Investigation and/or Vice City Police Department to stop any individual present at premises during execution of the warrant and to search and seize any and all illegal items on their persons.

ORDERED, on this 19th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Huntsman]

Defendant has been issued a court summons

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

Just to ensure proper procedure of Court, discord will not be treated as summons, use ArgoNet (Forum PM) or serve him in game. Also in the interests of justice, matters VC-CR0004/18 (Maddy's Case), VC-CR0005 (Affanster's Case) and VCR-CR0007/18 (This Case) will be heard together and all submissions should be posted here. Once the prosecution has served defendants, those defendants will have up to five days to enter a plea. Any substantial procedural motions and appearances should be submitted immediately before the plea date. If defendants fail to enter a plea, they will automatically enter a plea of not guilty.

DATED, on this 28th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge


VC-CR0004/18

SUMMONS - ISSUED
PLEA - GUILTY

VC-CR0005/18

SUMMONS - WAVED
PLEA - LATE GUILTY

VC-CR0007/18

SUMMONS - ISSUED / WAVED
PLEA - NOT ENTERED INTO

[Nylez]

Your Honor,

I was informed about this court case by a tenant owner, not by the VCPD themselves.

I shall defend myself in this court case.

I would like to request a response time longer than 2 days, as I have other occupations I need to attend to, and I also need time to look into the evidence that caused this court case in the first place. I would like to ask for a 5 day intervention for my behalf.

Signed,

Nylez

[Huntsman]

Prosecution would like to inform the court that the summons has been issued via ArgoNet as requested.
https://imgur.com/a/GNLmR

[Maddy]

Callahan Lawyers Co.

Your Honour,
Our client would like to get straight to the matter and plead guilty. However, he would like to ask the prosecutors to minimize the amount of money being demanded, since he was found in possession of only 'Kurz MP5'. He feels that 40,000 ARD is a lot of money to pay.

[Huntsman]

Callahan Lawyers Co.

Your Honour,
Our client would like to get straight to the matter and plead guilty. However, he would like to ask the prosecutors to minimize the amount of money being demanded, since he was found in possession of only 'Kurz MP5'. He feels that 40,000 ARD is a lot of money to pay.

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.27
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

DEFENDANT: Maddy
SUBJECT: Appeal for Lower Fine


Your Honour,

Mr. Maddy Callahan has been approached by the VCPD with an offer of cooperation in exchange for a settlement offer, which the defendant has refused. Therefore, the Prosecution will not lower their demands.

40.000 ARD is a reasonable amount for the quantity of the weapon in posession of the defendant and the prosecution are not willing to bargain on this matter.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

In response to this:

I would like to request a response time longer than 2 days, as I have other occupations I need to attend to, and I also need time to look into the evidence that caused this court case in the first place. I would like to ask for a 5 day intervention for my behalf.

This request is granted, the date to enter a plea, submit appearances and move procedural motions, etc has been extended to five days.

DATED, on this 28th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Maddy]

Your honour,

Our client has agreed to pay the demands.

[Nylez]

Your honor,

Even though the storage of illegals itself is a crime I cannot and shall not argue with, I am questioning the actions of the VCPD that lead to this situation. When I look over the case of the Chief, Gabriel Adams, I see a lack of evidence that authorizes a search on my tenant. Even though all tenants are in the same building, once a player has acquired a tenant, they are the only one who can check what's inside them, and therefore be the only one who can manage it.

I am being sued for conspiracy and the storage of illegal goods, and the evidence used is a previous raid, on a different owner, who I have no direct association with. Neither do I have any direct association with the person that was raided (VU.Amal). I would like to request the VCPD to supply evidence of me having criminal activities that gave them the authorization to check my property, and evidence that connects me with either the previous owner or the person raided.

I shall consider their actions a violation of my privacy without authority, until proven otherwise.

Signed,

Nylez

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.30
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

DEFENDANT: Nylez


Defendant Nylez and Honorable Judge,

Defendant Nylez's storage has been searched in accordance with the warrant issued by the Honorable Court of Vice City. The warrant has been originally requested against the tenant VU.Amal, however, based on reference to Chief Justice Stormeus's previous statement that search evidence on one of the tenants warrants the search on an entire warehouse, Judge Alexander Tremblin has issued the warrant on everysingle tenant of the warehouse. We feel like Alexander Tremblin, the Honorable Judge, may elaborate on this issue further. Therefore,  this action has been court warranted.

I would like to present the warrant issued by Alexander Tremblin, the Honorable Judge, as evidence:

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Raid against Warehouse #36"

EX TEMPORE ORDERS

[1].        That a warrant be granted to to the Federal Bureau of Investigation and/or Vice City Police Department to search and seize any and all illegal items at Warehouse #36.

[2].        That a warrant be granted to the Federal Bureau of Investigation and/or Vice City Police Department to stop any individual present at premises during execution of the warrant and to search and seize any and all illegal items on their persons.

ORDERED, on this 27th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

Defendant in VC-CR0007/18 shall have three days to submit why the raid should be declared invalid/unlawful.

THE COURT ORDERS THAT:

[1].        That the defendant in matter VC-CR0007/18 file and serve on or before the 3rd of February 2018 its written submissions in support to declare the search and seize warrant unlawful and/or invalid.

ORDERED, on this 30th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Nylez]

Your honor,

According to the law of Vice City, the VCPD is a friend of innocent civilians, not their foe.
As I explained in my earlier defensive response, I was not directly involved in any crime whatsoever that lead to me being raided. I was raided because someone else, that owned 1 tenant in my warehouse, committed a crime and got caught storing.

The VCPD asked for a search on that tenant, the ONLY tenant up to that point that was involved in a crime. They instead got granted a full search on all tenants, even tenants owned by innocent civilians who had not gotten themselves involved in crimes that would hurt the government of Vice City.

Here's a list of all the tenant owners in my property, I would like to request the person who authorized the raid against me to supply me with evidence which allows the government to raid an INNOCENT civilian.

Spoiler for Hiden:

So my question is, why was I, and 6 other players along with me, raided without evidence of criminal activity against us?

As long as there is no direct evidence against me as an individual, I will consider this raid and therefore this court case as illegal and therefore a transgression against me as a civilian.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

The Court will endeavour to deliver a decision regarding the interlocutory raised by the defendant in VC-CR0007/18 within three days. I would also note that the defendant in matter VC-CR0005/18 has still not been served yet and request that the prosecutor expedite service of summons. 

DATED, on this 30th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Affanster]

I would like to plea for the judge to consider the current trial a mistrial.