Vigillante Justice and the Petosky Batman

[XLFD]

"Vigilante justice" is rationalized by the idea that adequate legal mechanisms for criminal punishment are either nonexistent or insufficient. Vigilantes typically see government as ineffective in enforcing the law; and such individuals often presume to justify their actions as fulfillment of the wishes of "the community".

An individual that dresses up as fictitious superhero Batman and patrols the streets and byways of Petoskey was recently involved in an incident of vigillante justice.

On December 15, 2012 I remarked in the  batman-of-petoskey-crazed-vigillante-or-hero  thread an update from WOOD TV on that story:  "A 33-year-old Northern Michigan man who dresses up as Batman has avoided more jail but must apologize to police after interfering with them at an accident scene.

Mark Wayne Williams was sentenced Friday in 90th District Court after agreeing to a plea deal charging him with simple trespass.

He received 30 days in jail, but five of those will be done in community service and 23 more will be held in abeyance. Williams was credited for two days served. He only can wear his costume within the Petoskey city limits, about 225 miles northwest of Detroit.

Williams was in the guise of the caped crusader on Sept. 29 when state troopers arrested him because he wouldn't leave them alone while they searched for a driver who had fled an accident.

http://www.woodtv.com//dpp/news/local/nw_mich/mich-batman-sentenced...

I'm going to check into this story further, but not in my mild-mannered guise as internet blogger Clark Kent, but as FOIAman.  I don't see anything that justifies the police's actions or the court's actions in the record so far.  I think they are just weirded out by someone who dresses up in strange clothes to fight crime. " As seen here.

What I found in the police report and related investigations, when I received it  four weeks later (yes that's over the time of response by the FOIA, even with an extension)  from the Michigan State Police, was very troubling.  In the interviews with the people that dress up as Batman and Batgirl in the original thread, they seem very surprised at the way they were treated by authorities.  After reading it, I can only come to the same conclusion.  Here it is page by page of the whole report right after with the usual analysis, which you can decide whether to agree or disagree with.

Plus:  PBatman_0003 of 0003

The Joker

One thing becomes clear here in this 'investigation' by Tpr. Ferguson:  there was no obstructive behavior.  This Joker,Ferguson puts him down as being violative of MCL 750.81d(1), which is under the State Penal Code "Assault" section, and states "... an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both."   This particular statute does not define what "obstruct" is, that definition is in the very similar MCL 750.479 :  “Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command."

Was PBatman's actions obstructive in the legal sense?  Trooper Ferguson may have thought he hindered their investigation, however, doesn't everyone who was walking that night across the path of the fleeing suspect also run afoul of that application of this law?  PBatman's actions and intentions were not obstructive in any sense of the word.  He informed them of his presence, and he cooperated with them fully.  But there were additional actions and reports.

Plus:  PBatman_0005.jpg

Catwoman

A warrant was issued by Magistrate Jeana Russey based on the information given so far?!  A bond of $2000 was set for someone trying to be cooperative and assistive, as seen in the report?  I guess she wanted the state to take possession of that cool bat-costume and accessories just like the Catwoman has a fondness for jewels and money.  Meanwhile, PBatman was being held hostage by the Joker and his henchmen in the local jail, in case he gets the crazy idea of helping and collaborating with these uniformed officials again.  Ferguson's fellow trooper also had his report:

Plus:  PBatman_0007.jpg

The Riddler

Sgt. Gooding riddled questions to PBatman, who answered all his questions, even though he was under no compulsion to do so, being that he was not being accused of any crime or wrongdoing at the time.  No legally obstructive behavior is even hinted at in this cooperative effort, as PBatman was compliant at all times by the officer's own report, just like the first Joker.

The next links are the the last eight pages of the FOIA, being the 9-1-1 calls between their agency and PBatgirl and PBatman.  Read through them and see whether you can make out any instance of either being obstructive or being anything other than helpful to the authorities.

PBatman_0008.jpg

PBatman_0009.jpg

PBatman_0010.jpg

PBatman_0011.jpg

PBatman_0012.jpg

PBatman_0013.jpg

PBatman_0014.jpg

PBatman_0015.jpg

Two-Face

If you are familiar with the Batman mythos, Harvey Dent was a District Attorney (who eventually lost his job) who had an obsession with committing crimes themed around duality and opposites, flipping a coin to make decisions, which gave him the name two-face.

Emmet County DA James Linderman was pleased with the punishment, even after agreeing to a reduced charge.  "Even though in many people's minds this may be a minor infringement, the real downside is someone could be severely injured if a person like Mr. Williams interferes with a police investigation," he explained. "It puts the officers at risk and also puts himself at risk. It was clear that (Williams) intentionally went in there too, because he listened to it on a police scanner and then went to area and interfered."

Mark Williams had this story picked up by the Associated Press and broadcast in various newspapers around the world with:

-He must apologize to police after interfering with them at an accident scene [What interference?].

-He was sentenced Friday in 90th District Court after agreeing to a plea deal charging him with simple trespass [What trespass?].

-He received 30 days in jail, but five of those will be done in community service and 23 more will be held in abeyance [For what charge, simple trespass when he was only noted on public property?]

-He only can wear his costume within the Petoskey city limits, about 225 miles northwest of Detroit [Is this an arbitrary punishment or what that violates his First Amendment rights without any reason for it.].

-He was in the guise of the caped crusader on Sept. 29 when state troopers arrested him because he wouldn't leave them alone while they searched for a driver who had fled an accident [Again, not factual, as per the report].

Part of his sentence handed down by Judge Erhart was writing a letter of apology to the Michigan State Police troopers and Emmet County Sheriff's deputies who were at the scene.  They do not have to apologize to him for being arrested, jailed, and branded as a lawbreaker and a costumed-nuisance just for being cooperative and helpful.

This country was founded on the concept of a citizen militia, mentioned in the Constitution: Article 1,section 8, giving Congress the authority to call forth and/or train the militia to execute the laws of the union, suppress insurrections, and repel invasions, plus in Article 2,section 2, giving the President powers over them in such times they are needed.  It is almost mentioned in the Bill of Rights in the Fifth Amendment and most famously in the Second Amendment.

Police departments as we know them, didn't start until 50 years after these founding laws were made.   These early prototypes were often held in contempt by the community, because of the corruption and 'protection rackets' that were prevalent among them.  They have evolved into what they are nowadays, being held in high esteem if they perform their public duties properly, but as oppressive if they use their office improperly. 

The Michigan State Police, the Magistrate, the Prosecuting Attorney, and the Judge James Erhart have all acted with vigillante justice, taking away this man's rights to try, in his own way, to make his community a better place.  These folks have taken their large salaries from the people in order to do this injustice to someone who has a history of being helpful and concerned about his community.  Taking his property and his rights away from him just because he tries to do good deeds and help the cause of justice.  Isn't that a prime example of super-villainy?  And isn't it the worst kind of vigillante justice?

Shame on all of you so-called dispensers of law and justice.  Kudos to the Petoskey Batman, a real superhero.

[AQUAMAN]

Holy Shyster-Shay copy-cat shenanigan types. The public message: shut up, sit down, mind your own business, and be a herded Sheeple person. Don't think outside the box, we want the credit and public praise for this type of police business ourselves. Did they in fact ever catch up to the real villain? Too bad Mark Williams just plead this out to simplify what should have been a suit for false arrest, false incarceration, and overzealous charges by legal numb-chucks in charge. Really, double hand cuffed, with full tension? Was that really necessary? In the troopers' places I would have sent the young man home with a warning, explaining that they could press charges in the future for his behavior, and let it simply go at that. But, I guess they prefer to send a message of iron fist actions, even when over the top and not professional for LE. Typical in small towns like this and others we won't mention. Did they ever return the confiscated cape and costume? Thanks for the update X, but I was afraid this would be the outcome for this case.

[XLFD]

If Petoskey Batman does have such a notion, he could take the system to task for what he went through and likely win, but having reviewed his past and his Facebook posts, I think his intent is sincere.  He likes to dress up as Batman and patrol his area, looking to help others.   Is that a crime nowadays?  In Michigan it apparently is.  Too bad there isn't any Commissioner Gordons up in Emmett County.

[Willy]

The fact that Batman knew the suspect and admitted that he wanted to find the suspect was, in my opinion, the main reason they prosecuted him. How would the police know he wasn't trying to help the suspect escape. I like this Batman character but he should have left this particular incident alone due to his familiarity with the suspect.

[XLFD]

I can see that point, but there was never any evidence that PBatman had that intent, and the 9-1-1 calls seem to verify that lack of intent to obstruct the investigation in any manner. 

Of course, when they arrested him for this felony and threw him in jail, they didn't have that data handy.  But according to PBatman's statement after this arrest, the trooper transporting him to jail had a serious bias against him for dressing up as Batman.  Policeman, as you infer, do not like freelancers, or being outdid.

[XLFD]

Here's a bit of Bat karma, an article about the Emmet County Chief Assistant Prosecuting Attorney Duane Beach driving drunk with a BAC over .17.

The same guy that charged the Petoskey Batman two times for Mark's Batman related incidents and called what he does a sickness and a disease. He got arrested the night before for drunk driving with a blood alcohol level WAY above the limit and an open container in the vehicle.  The Petoskey Batman does what he does to help people, this guy puts the public in jeopardy by driving drunk when he knows it's seriously against the law and a symptom of his own sickness and disease of alcoholism. 

 

Here he is in a news release in October 2011:  "Emmet County chief assistant prosecutor Duane Beach did not make light of the case (Petoskey Batman scaling a building), however.  "The conduct in this case caused the Petoskey Department of Public Safety to take this case very seriously," he said."

 

Apparently, there is one more "Two-face" person in the Prosecutor's office.  Another interesting twist is that Beach's lawyer is the same one that represents the Petoskey Batman.

[AQUAMAN]

Yuuuuuup, sounds like what goes around, comes around.

[Chuck Finley]

Maybe we need someone dressed up as.... IRONMAN and run around downtown helping out the 5-0. WAIT A SECOND We have AQUAMAN! SUIT UP! the PO PO needs you! AQUAMAN....SLASH!

[XLFD]

He's just some green finned pants, a scaly orange shirt, a gold belt buckle with an "A" on it, and some peroxide, for his hair, away from doing just that.

[AQUAMAN]

I noticed the super-hero Aquaman noted above has an "Acute EYE"  for seeing thru deceit and lies. Perhaps the "guilt factor" with these politicians is starting to catch up with them. Drowning illegal acts in liquor won't change the "root of the problem". This Aquaman has better things to do today.

[AQUAMAN]

For the Betterment of Aquaman.

[XLFD]

I don't know about Emmett County, but our local official that got caught drinking and driving had to be 'fished' out of the Scottville gully, and had non-police witnesses of his behavior and his breath. 

But here's a starter costume for you Aquaman for under $20.  That's a nice catch up there in your first post!

[Mark Wayne Williams]

I would like to point something out. The second trooper strait up lied. He NEVER asked me those questions and I NEVER stated that the guy running was a friend. I did say that I knew him but I was ALLREADY IN THAT FIELD WHEN I FOUND OUT THE SUSPECT WAS THERE AND WHO HE WAS. In fact, thats EXACTLY why I had Batgirl call 911 and inform them of my presence. I probably should have fought this harder but I honestly just wanted it over so I could go on with my life. Its basically just a "picking your battles"  type thing. It does upset me that they got away with doing this to me, but as the newest news about the prosecutor in this case indicates, they cant get away with it forever. I truly believe that if you do wrong, it will catch up with you sooner or later. Mr. Beach has recently learned this himself.