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.

[XLFD]

It's a sad commentary on our justice system when the peace officers that are paid good money to do a very dangerous job have to resort to bending the facts and putting felonious charges against a well-meaning citizen whose motives they don't fully comprehend.  How they decided to drop an obstruction charge down to a trespassing charge is something I will never comprehend, but I never figured out the original charge anyhow.  Prosecutors always seem to walk hand in hand with police agencies despite what the facts show.

I'm sure if you joined a union and were paid big bucks through taxation, they would feel a lot different towards you.

[AQUAMAN]

Welcome aboard Mark, good to see you found us here. Regarding your wanting it to just be over comment, I sympathize, as this is quite right on average for most persons, and the justice system takes advantage of it, knowing people have lives to live, work to accomplish, and many other more important things to do than waste more money on attorneys and stress. It's sad, and not justice as we should know it. I read a book by Trump once that said, "never give up, never quit, never ever give in when you're right". Don't know if you like him, but it's pretty straight forward and accurate imho. Did you get your costume back, and if so, are you able to use it again, or have they barred you from public in costume now? Thanks.