IN THE STATE COURT OF COWETA COUNTY

STATE OF GEORGIA

 

STATE OF GEORGIA

 

     v.

    Case No.

 

Stacy Allen Draper

  

Motion to Dismiss Accusation and Curtail Prosecution

 

  Stacy Allen Draper files this document as his plea in abatement, special demurrer, general demurrer, together with this motion to quash, dismiss and to curtail his prosecution. This pleading is to address both the statutory and constitutional problems with the accusation and charges against Stacy Allen Draper initiated by Deputy Sheriff Clinton D. Reynolds of the Coweta Crime Suppression Unit.

     Stacy Allen Draper moves this Court to provide him absolute freedom from prosecution for the false charges against him for an improper tag light, and, later, as he protested his illegal stop, for obstructing an officer.

     Stacy Allen Draper was not under arrest and was not even informed of the reason that Deputy Sheriff Clinton D. Reynolds stopped him when Deputy Sheriff Clinton D. Reynolds electrically shot him with a M26 Air Taser gun. The electrodes from the gun penetrated the skin of Stacy Allen Draper and he was knocked to the ground from the impact of the electrical shock.

     At no time before Stacy Allen Draper was electrically shot or abusively placed in the cruiser was he informed of the reason that he had been stopped. Stacy Allen Draper was not informed of the reason for his stop by Deputy Sheriff Clinton D. Reynolds of the Coweta Crime Suppression Unit because there was not a legal reason for the stop. Deputy Sheriff Clinton D. Reynolds only stopped Stacy Allen Draper because of his race and the fact that his trailer had a Texas tag.

     Stacy Allen Draper seeks this relief in a triage fashion. First, he seeks relief by requesting the Solicitor of the Court grant him absolute relief from prosecution, and, if this request is unsuccessful, next he moves for this Court to grant this plea in abatement, special demurrer, general demurrer, together with this motion to quash, motion to dismiss the accusation and motion to curtain his prosecution.

     Complete relief from prosecution should be granted to Stacy Allen Draper without more ado. If the Solicitor of this Court chooses to proceed with an illegal prosecution, which is extremely doubtful considering this Solicitor’s integrity and dedication to law and order, then this Court should grant relief for the reasons identified in this motion, together with such reasons as will be presented at a hearing on this motion.

Caveat Emptor[1]

 

Stacy Allen Draper asks first that the Solicitor of the Court buy into the concepts of constitutional rights and freedoms that has made and keeps this country strong. Next, if Stacy Allen Draper cannot convince the Solicitor of this Court that this prosecutor is constitutionally required to dismiss the accusation, Stacy Allen Draper will then attempt to sell this Court on the concept that constitutional rights and freedom trump political goals of renegade law enforcement tactics.

Admittedly, it will take courage for these elected officials to understand that protecting the rights of an African American truck driver with an out-of-state tag is protecting the rights of all persons living in Coweta County and in this country. However, as experienced and trained lawyers, they well know that when the rights of those most discriminated against in our society are trampled, the rights of all are left in the wreckage.

Stacy Allen Draper realizes it will take courage on behalf of these elected officials to halt his mistreatment at this point, but Stacy Allen Draper, as a ten year military veteran, also realizes that all who serve this country as employees of the government who are without courage to perform according to their oaths of office are only swine feeding on prejudice at the trough of society.

This Caveat Emptor section is not intended as an insult, but is included to derail any attempt that counsel representing the interests of Deputy Sheriff Clinton D. Reynolds in civil litigation or administrative proceedings may make to barter the dismissal of the charges against Stacy Allen Draper for a waiver of any later civil or administrative causes of action against Deputy Sheriff Clinton D. Reynolds.

Attorneys for Deputy Sheriff Clinton D. Reynolds are further forewarned that any attempts to barter a waiver in this matter or resist a dismissal of the accusation against Stacy Allen Draper will be recognized as an act by an attorney or party as participation in the furtherance of a 42 USC § 1985 conspiracy.

A report of the conduct of Deputy Sheriff Clinton D. Reynolds soon will be en route to a federal forum in an attempt to correct this type of conduct by law enforcement officers in Coweta County. Deputy Sheriff Clinton D. Reynolds can consider the video tape as the bill of lading for his trip to a review of his conduct in electrically shooting down on the side of the road a tag light violator.

Stacy Allen Draper waives nothing to receive justice.

The potential parties to civil litigation to be instituted by Stacy Allen Draper can certainly cut their civil damages and mitigate their potential administrative consequences by now acting responsibly. Oft times, wrongdoing law enforcement officers attempt to muster political influence in attempts to cover for their misconduct.

At times arrogant, wrongdoing law enforcement officers even attempt to threaten actors within the justice system with political consequences, in attempts to protect themselves. This conduct is known as the Nixon Syndrome.

  Stacy Allen Draper suffered physical injuries and psychological injuries as the result of the misconduct of Deputy Sheriff Clinton D. Reynolds; the compensation of Stacy Allen Draper for these damages is for another forum. Stacy Allen Draper is being unconstitutionally charged – these unconstitutional charges are for this forum.

Certainly, it would be a wise decision on the part of the Sheriff of Coweta County to restrain from inflicting new psychological injuries upon Stacy Allen Draper in order to appease a renegade Deputy Sheriff.

Deputy Sheriff Clinton D. Reynolds took personal documents belonging Stacy Allen Draper to his residence and out of the custody of the Office of the Sheriff of Coweta. The documents taken from Stacy Allen Draper by Deputy Sheriff Clinton D. Reynolds to his residence included an Interstate Bill of Lading, a log book and other items necessary for Stacy Allen Draper to engage in the interstate transportation of his cargo. See U.S. Code.

Deputy Sheriff Clinton D. Reynolds further attempted to interfere with the employment of Stacy Allen Draper by falsely accusing Stacy Allen Draper of being on drugs to his contractor, Texas Express. A drug test taken by Stacy Allen Draper was absolutely negative, as he is no drug user.

Deputy Sheriff Clinton D. Reynolds violated the policy that controls the conduct of persons certified by the State of Georgia to be law enforcement officers and he further violated policy of the Sheriff’s Department of Coweta County standards for the use of force and otherwise.

In summary, any person who attempts to use political influence or political pressure to get this Court, this Solicitor, or others in the judicial system to support the misconduct of Deputy Sheriff Clinton D. Reynolds will be ill-advised to attempt to intervene for two reasons: (1) it simply is not going to work; and, (2) such conduct is an act of becoming involved in the conspiracy.

This Court and this Solicitor are principled public servants who do not wish Coweta County to become the Ludowici, Georgia of the 2000s, nor do they wish this stretch of highway to have the reputation of the New Jersey Turnpike. The jury is out as to whether the Sheriff of Coweta County is a disciple of the Deputy Sheriff Clinton D. Reynolds conduct. There will soon be a verdict in this matter.

Stacy Allen Draper has physical scars on his chest from being shot by Deputy Sheriff Clinton D. Reynolds. The wound from the shot to Stacy Allen Draper’s chest became infected because it was not properly treated by the Sheriff of Coweta County while Stacy Allen Draper was incarcerated. There is presently no evidence that the missile used to inflict the wound and shock to Stacy Allen Draper was medically sterile.

The jury is no longer out on the unconstitutional nature of the treatment administered to Stacy Allen Draper – the verdict does not bode well for Deputy Sheriff Clinton D. Reynolds.

Obviously, this type of law enforcement misconduct does not occur in a well disciplined, well managed law enforcement agency. This type of law enforcement misconduct is symptom one of mismanagement. Blaming mismanagement and absence of discipline alone does not address the problem in its entirety. Deputy Sheriff Clinton D. Reynolds is an individual with a psychological problem that identifies him as being a person unsuitable for law enforcement.

After making the stop, Deputy Sheriff Clinton D. Reynolds approached the passenger side of the cab of Stacy Allen Draper’s truck and shined the strong beam of his flashlight in eyes of Stacy Allen Draper as this veteran trucker attempted to gather his documents for what he thought was a routine Department of Transportation inspection. Stacy Allen Draper had reason to believe this was a DOT inspection because there were several law enforcement cars spaced out in the median of the highway prior to his being stopped by Deputy Sheriff Clinton D. Reynolds.

Stacy Allen Draper told Deputy Sheriff Clinton D. Reynolds to get the beam of his flashlight out of his eyes. With this remark from Stacy Allen Draper, Deputy Sheriff Clinton D. Reynolds immediately began blurting loud obscenities at Stacy Allen Draper.

Deputy Sheriff Clinton D. Reynolds, in addressing Stacy Allen Draper on the night of the arrest, acted and conducted himself more akin to an animal trainer than a law enforcement officer making a stop for a tag light violation. Deputy Sheriff Clinton D. Reynolds deliberately, intentionally and willfully used the strong beam of his flashlight to anger and provoke Stacy Allen Draper. This, Deputy Sheriff Clinton D. Reynolds did, from his initial contact until he electrically shot him.

Our system of government has checks and balances. Unfortunately, in today’s complex society, a lawyer is often needed to implement many of the checks.

If the powers that be in Coweta County support the conduct of Deputy Sheriff Clinton D. Reynolds against Stacy Allen Draper, there is a little mouse drunk on vintage constitutional potions peeking out of the hole in the wall. This mouse is loudly proclaiming, “bring on your herd of cats.” The fight is about to begin.

With cool heads, the wrongdoings of Deputy Sheriff Clinton D. Reynolds can be resolved now with a peaceful end. With more belligerent conduct like that of Deputy Sheriff Clinton D. Reynolds on the night of his assault upon Stacy Allen Draper, the time has arrived for a full federal investigation of the operation of the Sheriff Department in Coweta County.

A Simplistically Stated Narrative of the Pretextual Tag Light Violation Arrest Follows

 

Before reading further, everyone should view the video tape. If you do not have a copy, call the lawyer for Stacy Allen Draper at (404) 688-8116 and you can obtain a copy.

Graylin C. Ward, an Attorney at Law in Newnan, did the early investigative and legal work for Stacy Allen Draper. He strongly supports Stacy Allen Draper. Graylin C. Ward obtained a copy of the video tape that is also available for viewing at his law office in Newnan, GA. (770) 251-1289.

The video tape shows the abusive conduct of this Tag Light Enforcing Coweta Sheriff (or, “C. S.”) in dealing with the apprehension of an African American person who was an out-of-state truck driver. Deputy Sheriff Clinton D. Reynolds, long after Stacy Allen Draper had been electrically shot and physically abused, concocted the pretense that Stacy Allen Draper was a tag light violator.

Like most simplistic narratives, each description in this section is not intended to be taken literally, but this section is intended as crib notes, or maybe a light, comical short story version of a book from the Dummies Series entitled, “Understanding the Apprehension of African American Out-of-State Truck Drivers for Dummies (Using the Pretense that They are Tag Light Violators)”.

This section hopefully with be helpful to understanding what happened on the night that Stacy Allen Draper was initially cursed, later electrically shot, physically abused and mistreated by the Sheriff’s Department of Coweta County as he was apprehended using the pretense that the trailer owned by Texas Express had a tag light violation.

It is difficult to understand how any law enforcement officer could be as low down, gutless, prejudicial and chicken as the crew of rouges from the Sheriff’s Department of Coweta County that arrested Stacy Allen Draper on the night of July 19, 2001. The plot of this arrest is based upon the fact that the apprehension was made under the pretense that the truck driver had a tag light violation. This performance stars a real C. S. and his trusted assistant, Deputy Story (or, “Bull”).

On a dark, hot night in July of 2001, the pistons in the diesels running 85 heading north were all red, in a glow.

The engines were hot as the truckers were skeeting their pistons with a mighty flow.

The crank shafts and the twin screws were accepting the call, and off to markets the rigs did go.

Like a witch on a stick, in kakhi pants and black top, C. S. sits in his cruiser dreaming of a stop, but hoping for more.

C. S. is all pumped for excitement, as the evening has been   slow.

The ego and evil motives of C. S. require that he have more.

Hungry for excitement, C. S. conjures up thoughts that in every rig, there dwells a desperado.

The excitement of his Game Boy was not enough for C. S.; he needed more.

C. S. had strapped on his leg more toys that cost the County a lot of dough.

The High Sheriff supplies the high priced toys for his Costumed Crews, who everyone knows are decorated with hardware that the High Sheriff does adore.

These crews don’t a have dispute resolutions skills in their head and use these high priced attack weapon toys in these skills’ stead, ’cause, with their psychological deficiencies, they can’t do more.

With visions of high tech M26 Air Taser guns all dancing in his vacuous head,

the goal of C. S. is all set.

That C. S. can create some excitement with his high powered electrified toy is a good bet.!

 

Without a good head whopping or strong electric shocking during the night

C. S. will go home feeling all psychologically deprived and stove up with fright,

’cause C. S. must exert force or he feels that he has failed to show his mighty might.

 

With midnight approaching, C. S. knows the dispatcher’s announcement of last call nears.

It’s the loss of his Rambo reputation that C. S. dearly fears.

“Targets up, Tarrrr getttss upppp!”, an African American truck driver nears.

 

Maybe this one will have an out-of-state tag.

With a Texas Tag in view, C. S. knew that this would be an easy one to snag.

 Goose this cruiser and let’s get on the go,

The message ran across the marquee of an empty theater in which,

C. S.’s brain was once in sto’.

 Let’s go! Petal to the metal, let the cruiser tires all squall,

There’s the pretense of a tag light violation that is about to kill all.

 

C. S. tells his cohorts that the chase is about to begin.

About C. S.’s crazy conduct even his equally dumb friends all wondered,

will [this] C. S’s crazy conduct ne’er end?

In retrospect, we all know C. S.’s conduct will not change until he does time in a Federal Pen.

The abuse of this good citizen, and C. S’s tampering with the Interstate bill of lading by taking it to his home, just might get C. S. a ticket that will allow a federal investigation to begin.

For those with a brain, as C. S. pursued the tag light violator, their eyes did roll[2].

 Without some excitement, C. S. can’t allow the evening to fold.

These scribes must go; ‘cause to describe all the whopping, bopping, shocking and electric shooting by C. S. as observed by Bull, the poetry will not flow.

     For sure, there is more, as previous readers of these scribes all know;

so now to a retired, third grade “My Weekly Reader” writer, we must go.

     There is one more reason these scribes must now take a rest,

‘cause even though they have given it their best,

they well know they are not and never will be poets;

and many paragraphs before now, all else did know it.

As this, “My Weekly Reader”, writer picks up the story, we are on Interstate Highway 85, with Deputy Sheriff Clinton D. Reynolds beginning his pursuit of Stacy Allen Draper’s Tractor Trailer, which is headed north.

Stacy Allen Draper, on the evening of July 19, 2001 was driving a tractor belong to him and leased to Texas Express.

Stacy Allen Draper was pulling a trailer that belonged to Texas Express under a contract that he had with Texas Express.

The tractor trailer rig of Stacy Allen Draper had about forty-two lights, all of which were burning at the time he was stopped by C. S.

C. S. was looking for an excuse to stop a truck with an out-of-state tag driven by an African American person.

C. S. once heard in law enforcement kindergarten, where he later mentally dropped out of school, that out-of-state trucks carry illegal drugs.

C. S., who early in his law enforcement career, decided that he must be in a war against African American trucks drivers from Texas, flashed his blue lights at the truck driven by Stacy Allen Draper, and this law abiding trucker pulled to the side of the road.

C. S. went to right side of the truck and shined his bright flashlight in the eyes of Stacy Allen Draper, who was attempting to gather his documents.

Stacy Allen Draper, acting within his constitutional rights, told C. S. to quit shining his bright light in his eyes. At this point C. S. began to violently cuss Stacy Allen Draper. C. S. did not just cuss, but he used his profanity to insult Stacy Allen Draper in the worst ways imaginable.

C. S. continued throughout the entire detention process to use his bright flashlight to harass Stacy Allen Draper.

C. S., in loudly shouted words laced with profanity, told Stacy Allen Draper to get out of his truck and come to the rear of the trailer.

C. S. never at any time told Stacy Allen Draper the reason for the stop.

Stacy Allen Draper repeatedly informed C. S. that he was doing nothing wrong and that he felt C. S. had stopped him to harass him.

Stacy Allen Draper accurately assessed the situation.

Stacey Allen Draper attempted to hand C. S. his driver’s license.

C. S. tells Stacy Allen Draper that he needs his bill of lading and log book, but never informs Stacy Allen Draper of the charges against him.

Stacy Allen Draper clearly tells C. S that he is not “going to kiss his damn ass” just because he is a law enforcement officer. Anyone who has read this far in this motion must have gathered that counsel for Stacy Allen Draper have the same attitude, even thought these thoughts are at times conveyed with poetry.

If this point has been missed, C. S. should consider himself so informed from this point forward. Constitutionally, a person can disagree with a law enforcement office and so inform the law enforcement of his or her disagreement in language other than the King’s English.

C. S. continued throughout the detention to harass Stacy Allen Draper by yelling at him that he must get more papers, which papers had nothing to do with an alleged defective tag light.

Even as Stacy Allen Draper attempted to go back to the cab of his truck and get the requested papers, C. S. antagonistically, continually yelled at Stacy Allen Draper, who was obviously frustrated because of his illegal detention.

Stacy Allen Draper continued to exercise his constitutional rights as C. S. harassed him by refusing to deal with the now alleged purpose of the stop a defective tag light. Stacy Allen Draper offended C. S. by not succumbing to his illegal tactics.

C. S. then, for no legal reason, shot Stacy Allen Draper with a M26 Air Taser gun.

Stacy Allen Draper fell to ground from the blow of the electrical shock.

While Stacy Allen Draper lay on the ground in pain from being shot, C. S. yelled, “handcuff this son of a bitch!” C. S. then pounded his weight on Stacy Allen Draper’s back.

At this point, Bull arrives on the scene and C. S. starts lying to Bull about the conduct of Stacy Allen Draper.

Much like a six year old kid, Bull only asks if the M26 Air Taser gun had worked.

C. S. and Bull then do the Coweta Sheriff brag strut and talk about the C. S. conduct that resulted in an innocent person being electrically shot by a psychologically ill law enforcement officer who possessed negative dispute resolution skills.

Maybe someday C. S. and Bull will learn that the African American Truck Driver with a Texas tag had a tag light, a brain and federally protected constitutional rights.

The only light out on the night that C. S. made the arrest of Stacy Allen Draper was the light in C. S.’s single brain cell.

          The reality is that Deputy Sheriff Clinton D. Reynolds does have a brain, but he just doesn’t have a grain of.

     Before we go to the law, the first scribes are back to predict an ending to the attempts of Deputy Sheriff Clinton D. Reynolds to impose constitutionally restricted hardship upon Stacy Allen Draper. This ending, penned by the first scribes, sounds mightily like Casey at the bat –giving new meaning to the phrase, “poetry in [a] motion.”

The sneer is gone from C. S.'s lip, although his teeth are still clenched in hate;
When he ends his shift, he now pounds his fist with violence  upon his dinner plate.
’Cause now the Solicitor and the Court hold the case, and soon they must let it go,
And ‘cause now the air is shattered by the force of C. S. 's hot air blow.

Oh, somewhere in this favored land, the sun is shining bright;
The band is playing somewhere, and somewhere hearts are light,
And somewhere adults are laughing, and somewhere children shout;
But there is no joy in the Cruiser of C. S., all stocked with Taser Guns

 –  for this old C. S. has struck out.

Preface, now let’s talk law

          The courts of Georgia have for the most part put aside the archaic labels that we once worshiped and often used. It is not difficult to find many a litigant tossed from the court because counsel for the litigant failed to designate the pleading properly. Today, it is substance over nomenclature that controls. The old-timers generally thought that to attack a deficiency that appeared on the face of the indictment or accusation was to designate the pleading as a motion to quash, and, that if evidence was needed to support the deficiency, then a plea in abatement was the proper nomenclature for the pleading.

Consistently, the old-timers confused the designations of pleas in abatements and motions to quash. See, Garcia v. State, 207 Ga. App. 794, 429 S.E.2d 164 (1993) where the Court explained as follows.

Although a motion to quash is not the proper method of attacking an indictment for a defect which does not appear on the face of the indictment (State v. Houston, 134 Ga. App. 36, (1), 213 S.E.2d 139, rev'd in part on other grounds, 234 Ga. 721, 218 S.E.2d 13, (1975), Georgia courts have long recognized authority for treating motions to quash as pleas in abatement. See Bryant v. State, 224 Ga. 235, 161 S.E.2d 312 (1968); Houston, supra at (2); cf. Allen v. State, 110 Ga. App. 56, 137 S.E.2d 711 (1964).

         

          The bottom line is that the nomenclature is no longer the deciding factor in determining the rights of a litigant.

The Accusation and Charges Initiated Against Stacy Allen Draper by Deputy Sheriff Clinton D. Reynolds

 

Charge One

          Stacy Allen Draper is charged with not having the light on his tag burning. This charge should be dismissed for numerous reasons. One of the reasons is that this is a charge based upon unconstitutional selective prosecution. The constitutional basis for this type of analysis has been known since Yick Wo v. Hopkins, 118 U.S. 356 (1886).

          The incident report identifies the tag light violation as a violation of “40-6-23”; actually this charge is a violation of O.C.G.A. § 40-8-23. The misstatement of the code section is not the beef, although it is of more significance than the alleged tag light violation, which is the pretense that Deputy Sheriff Clinton D. Reynolds used for stopping Stacy Allen Draper.

          Is there a rational person in the State of Georgia that would believe that the Sheriff’s Department of Coweta has nothing better to do than sit on Interstate Highway 85 and wait to stop a truck for having an improper tag light? Assuming that Deputy Sheriff Clinton D. Reynolds is correct about the violation -- although he is not correct -- is this the type of violation that the Sheriff of Coweta County should be devoting resources to correct?

          Stacy Allen Draper was stopped for a reason other than the reason that Deputy Sheriff Clinton D. Reynolds asserts. This false statement asserted by Deputy Sheriff Clinton D. Reynolds is reason enough that the case should be dismissed. Any reasonable, rational person knows that Deputy Sheriff Clinton D. Reynolds is big-time lying through his teeth. Deputy Sheriff Clinton D. Reynolds lied through his teeth when he stated on the video tape that Stacy Allen Draper threatened him before he electrically shocked him. Respectful officers of the court cannot stoop to the level of prosecuting cases made by lying law enforcement officers.

          The children would say about Deputy Sheriff Clinton D. Reynolds, “Liar, Liar, Pants on Fire!”

          Deputy Sheriff Clinton D. Reynolds called Stacy Allen Draper a “son of a bitch.” Deputy Sheriff Allen Draper otherwise cursed Stacy Allen Draper.

          A Prosecutor and a Court have a duty to restrain from participating in and supporting the lying and unprofessional conduct of Deputy Sheriff Clinton D. Reynolds.

          Deputy Sheriff Clinton D. Reynolds is a renegade law enforcement officer who has improperly been turned loose to prey on out-of-state African American persons traveling through Coweta County.

    There are laws that prevent spitting on the sidewalk. Is the Sheriff of Coweta County directing his employees to adorn black costumes and electrically shoot these persons who spit on the sidewalk?

          The Coweta County Commissioners should take a look at the budget of the Sheriff’s department. Either this department has too much money or is not using its appropriations properly.

          Tag light violations, even when they occur, are administrative matters that can be policed at each of the weigh stations. Does the Sheriff of Coweta County realize that the danger of stopping a vehicle on the Interstate risks far more lives than all of the incidences caused by tag light violations?

          We must all be honest and fair in the enforcement of our laws, even if Deputy Sheriff Clinton D. Reynolds cannot be honest and fair. The stop of Stacy Allen Draper for a tag light violation was pretextual and purely for illegal and unconstitutional purposes.

          The Coweta County Sheriff’s Department is not a crew of Tag Light Cops.

          If any accusation brought in this Court indicates the vindictiveness and discrimination of Deputy Sheriff Clinton D. Reynolds more than this accusation, it would be reason enough for this Court to relieve Deputy Sheriff Clinton D. Reynolds of his badge after preferring charges against him.

          The Solicitor and this Court will be doing Deputy Sheriff Clinton D. Reynolds the highest of favors by dismissing this accusation, as Deputy Sheriff Clinton D. Reynolds has committed a grievous constitutional violation that he should begin making amends to correct rather than attempting to exacerbate.

Charge Two

          The second charge in the Incident Report is Obstruction of Police 16-10-24.

          Stacy Allen Draper is an experienced trucker. Stacy Allen Draper was in the military for over ten years. He attained the rank of E-6.

          Stacy Allen Draper knew that once he left the safety of his truck cab that Deputy Sheriff Clinton D. Reynolds, garbed in his black and kakhi costume, was going to inflict injury to him. Deputy Sheriff Clinton D. Reynolds did exactly the same thing that Stacy Allen Draper feared.

          Stacy Allen Draper attempted to protect his life from this renegade law enforcement officer. The stop was unconstitutional and the subsequent events were worse.

          Obstruction of an officer does not occur when a person exercises the First Amendment right to inform the law enforcement officer that the officer is acting unconstitutionally. A person is entitled to use vulgar language in exercising a constitutional right.

The Accusation Should be Quashed and Dismissed Because it is Based upon Discriminatory Conduct because Stacy Allen Draper is an African American Person Driving an Out-of-State Licensed Tractor Trailer.

      Deputy Sheriff Clinton D. Reynolds selectively chose to stop Stacy Allen Draper for unconstitutional reasons. Stacy Allen Draper would not have been stopped if he was white.

Stacy Allen Draper

     Stacy Allen Draper is an African American person who earns his living as an over-the-road interstate truck driver. Stacy Allen Draper had no choice as to either the color of his skin at birth or the route that he was required to drive his truck on July 19, 2001.

Deputy Sheriff Clinton D. Reynolds had many choices on the evening of July 19, 2001 and exercised each of his choices in a racially biased manner.

     Historically, skin color alone has been a cause for evoking prejudice in the State of Georgia. The race of Stacy Allen Draper, together with an out-of-state Texas tag on his tractor trailer doomed him to become a victim of prejudicial treatment inflicted upon him by Deputy Sheriff Clinton D. Reynolds.

     Deputy Sheriff Clinton D. Reynolds, after making a pretextual stop of the tractor trailer driven by Stacy Allen Draper for a tag light violation on the trailer, took the occasion of this illegal stop of Stacy Allen Draper to electrically shoot Stacy Allen Draper with a M26 Air Taser and, thereafter, with the assistance of another wrongdoing Deputy Sheriff, to further physically abuse him. The shooting of Stacy Allen Draper was a sadistic form of torture followed by some old-time police physical violence.

     The manufacturer of the M26 Air Taser warns in big bold letters as follows.

LAW ENFORCEMENT OFFICERS: REFER TO YOUR DEPARTMENT'S USE OF FORCE POLICY

     The manufacturer further warns.

The AIR TASER is a serious, state of the art defensive weapon and should only be used for self-defense in life threatening situations. Although the unit is designed to be as nonviolent as possible in stopping an attacker, its use can result in serious injuries such as getting a probe stuck in an eye, or injuries related to falling.

     The manufacturer provides the following, more technical information about the Air Taser.

The AIR TASER® is a small handheld personal protection device that utilizes compressed air to shoot two small probes up to 15 feet. These probes are connected by special TASER® wire back to the handheld Power Handle. An electric signal is automatically transmitted along the wires to the body of the assailant (even through clothing).

The AIR TASER is effective because it overrides the nervous system of the human body. As illustrated schematically below, the AIR TASER sends a series of electrical signals called TASER® Waves or T-Waves quite similar to those used by the brain to communicate with the body. Much like radio jamming, the T-Waves overpower the normal electrical signals within the body’s nerve fibers. The human target instantly loses control of his body and cannot perform coordinated action, falling to the ground.

The AIR TASER electrical output simply "jams" the communication system of the body. The electrical output of the AIR TASER is 50,000 Volts. The voltage may seem high, however, AIR TASER’s output is 1/1000th of a potentially dangerous level. Studies have shown there are no long-term effects from being shot by TASER. A study performed at the University of Southern California Medical Center concluded that in addition to its non-lethality, the TASER leaves 0% long-term injuries.

Electrical Theory of Operation

The system uses a single 9-volt alkaline battery as the input source and a simple switching circuit feeds an inverter transformer, is rectified to a DC voltage and charges the output capacitor (.22 uF) to a maximum of 2,000 Volts DC. Once the output capacitor reaches 2,000 VCD, the energy is discharged through a spark gap directly into the output coil. The output coil multiplies the voltage and generates the loaded output discharge as discussed below.

Electrical Output Energy

The AIR TASER generates 10-15 pulses per second. Each pulse is approximately .4 Joule. Calculated by 0.5 * C * V ** 2 or 0.5. * .00000022 F * 2000 V ** 2 = .4 Joule. AT 15 pulses per second and.4 Joules per pulse, 6 Joules per second is the maximum delivered energy per second.

Loaded Output Discharge

When the output is connected to a 4,000 Ohm load, each individual pulse of 3.5 uS (.0000035 second) in duration and measures 23,600 volts DC peak with a peak current of 5.9 Amps. The DC waveform is ½ sinusoidal. The time-averaged current is .00022 Amps. The maximum average power output of the AIR TASER is 6 Watts.

Electrical Test Setup

The output of the AIR TASER is measured by connecting a 4,000-Ohm wire would 5 watt resistor submerged in mineral oil (for insulation) across the output leads. A high-speed (150-MHz) digital Oscilloscope (Tektronix 320) and a high voltage probe are also connected across the outputs.

Electrical Derivations

The peak current is calculated to be 5.9 Amps.

I (Amps) = E (Volts) / R (Ohms) ; 23,600/ 4,000 = 5.9 Amps).

The peak power is calculated to be 139,240 Watts

P (Watts) = I (Amps) * E (Volts) ; 5.9 * 23,600 = 139,240).

  • Average power is derived as follows:
  • Multiplying by .707 averages the sinusoidal waveform (to an approximate amount).
  • Average Power = P (peak Watts) * F (pulses per second) * T (seconds) * A (waveform averaging conversion).
  • Average Power = 139,240 Watts (peak) * 15 pulses per second *0.0000035 seconds * .707 (sinusoidal averaging conversion).
  • Average Power = 5.16 Watts Average.
  • A 15% margin is added for conservatism, therefore 1.15 * 5.16 = 6.0 Watts Average.

Ballistic Impact Power

Each of the two AIR TASER projectiles is expelled from the unit at a maximum velocity of 60 meters per second. Each projectile weighs 1.75 grams. 1 Joule = 10198.8 Gram-cm/sec. Therefore the impact energy is 1.03 Joules. The impact area is .30 cm2 circular. The equivalent energy per unit area is therefore 3.43 Joules/cm

     The Air Taser is not the weapon of choice for Tag Light Violators.

This type of singling out of individuals for pretextual traffic stops is under congressional inquiry and Department of Justice investigation. Congressman John Lewis is a moving force of this congressional investigation.

Counsel for Stacy Allen Draper makes no pretense about the possible uses of the information that will be received while investigating this matter. A copy of the information received pursuant to this motion, if it supports unfair treatment of Stacy Allen Draper, will be sent to Congressman John Lewis, the Department of Justice, the Governor of Georgia and the GBI along with a letter of further explanation and a request for an inquiry.

Deputy Sheriffs in Coweta County should be placed in the hoosegow. There are adequate good Deputy Sheriffs and good law enforcement officers in Coweta County to relieve the likes of Deputy Sheriff Clinton D. Reynolds and permanently replace him.

Why Can’t We Be Fair to People like Stacy Allen Draper, Who Have to Drive Over-the-Road to Support Their Families?

 Stacy Allen Draper lives in Oklahoma and has to travel thousands of miles a month to earn a living for his family. Stacy Allen Draper does not need to be shot by a Coweta Cowboy adorned in black garb and plastered with a badge. This is not law and order but something akin to old west stage coach robberies.

Stacy Allen Draper prays that the Court grant the following relief.

     The Court should allow counsel for Stacy Allen Draper to present evidence in support of each of the various reasons that the various counts in the accusation should be quashed, dismissed and a plea in abatement granted.

     The Court should grant a special and general demurrer to each of the counts in the accusation that do not state with specificity the information that a person needs to be prepared to present a defense to these charges.

           The Court should quash the accusation because Stacy Allen Draper is being selectively and unconstitutionally prosecuted in violation of his First Amendment, Fourth Amendment, equal protection, due process and Fourteenth Amendment rights.

     The Court should grant such other and further relief, as justice requires.

 

                   Respectfully submitted,

                                    

                                          Millard Farmer

                                          Georgia Bar No. 255300

                                          P.O. Box 1728

                                          Atlanta, GA 30301-1728

                                          (404) 688-8116                     

                                          Counsel for Stacy Allen Draper

 

 
 

 

[1] From Latin caveat ēmptor, let the buyer beware.

[2] Those identified here as having brains were other travelers on I-85.