Case Docs for McAdam

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they told him to leave or he would be arrested - I only saw in the reports that only ONE officer said he was under arrest, and that was officer Worm - davila said he told him to leave or he would be arrested, and McAdams was leaving

And by what authority or statute were the police using when they told him to leave or be arrested, Angela?  I would not trust leaving my mother with Officer York, and a bunch of cops behaving the way they were.  Even if we stopped the clock before the assaults occurred, the police were not really acting within the law in their demands. 

I just can't believe after reading the reports and the depositions that these police then went and filed multiple counts of assault against Joseph McAdams.  Warmuskerken himself says he doesn't know who hit him in the face, it could have been the elbow of Davila or Wilson getting ready to clock McAdams once again after they took him down to the ground after he was backpedaling.

oh i wouldnt have left either - dont think they had any authority to tell him to leave - other than make up a false charge of interfering with a criminal arrest or whatever...............

I was thinking the same thing about Worm getting hit in the face...... i know when I was assaulted my Tarra in the jail, Oscar was also there and helped with the custody and control of her when she became unruley, I think Oscar or the other C/O (sgt) there may have kicked me, but i didn't blame that on Tarra - no only her bitting me is what she was charged with.......

Doc 120 

1 Exhibit 6 Mason County Sheriff's Report 4 pages 241 kb
2 Exhibit 7 Warmuskerken Photo 2 pages 386 kb
3 Exhibit 8 Holmes Dep Exerpts
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Doc 120

4 Exhibit 9 Russell Dep Excerpts 4 pages 246 kb
5 Exhibit 10 Luft Dep Excerpts 3 pages 160 kb
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Doc 119

1 Exhibit 1 York Dep Excerpts 3 pages 194 kb
2 Exhibit 2 Ludington PD Report 6 pages 459 kb
3 Exhibit 3 CD 2 pages 44 kb
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Doc 119

4 Exhibit 4 Plaintiff Dep Excerpts 8 pages 0.6 mb
5 Exhibit 5 Warmuskerken Dep Excerpts 15 pages 1.5 mb
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There is a ton more of documents for this case, but I'll stop now. I'm over loading the forum. I think the docs already uploaded paint a good picture for both sides. I have tried for the most part to keep my opinions to myself, and let the reader come to their own conclusions. 

As I understand PACER, you get the first $15.00 in documents free per month that you download, so you are likely well into paying from your pocket from last month.  Thanks for your efforts and for giving out what looks to be a fairly representative view of the court documents, and for the objectivity as well, which is hard to do with such a case.

Doc. 119-5 is a lot of reading but very revealing.  Warmuskerken wanders over from doing beach patrol to the incident scene, and I would say from his account (and other accounts of the same time) that the escalation of the incident didn't actually begin until the MCSO duo of Davila and Wilson come on scene and Davila organizes a gang assault on McAdams for video recording the event.  Recordings that were eventually erased by the MCSO while they illegally took it as evidence in their possession.

And check out the non-aggression on McAdams part, a man who was tasered by all three officers at the scene and then by two of them at the hospital.  The main question I have is to ask both Fiers and Cole:  Why are these three men working at the MCSO now? 

Thanks for the many docs. here Brian, nice references, however, I'll have to catch up on them later when time permits. Note that the docs. are intended by the COL and prosecutor to deflect, obscure, confuse, and betray the truth as consistently and often as necessary to defend the actions of LE here. LE officers have a number of arsenals at hand on their belt for any such incidents that may get out of hand, including, baton, pepper spray, physical force, backup force, and these were never used. We could also add talking the suspect down, using psychology, calming the situation down, and all these also were ignored in the process. I don't see where the LE officers tried to play down the situation at all, but escalated it to their wim and will. The usage of these Tasers imho, is unnecessary and dangerous to the public at large, and when used abusively and aggressively with intent of great harm and loss of life possible, when the situation doesn't require nor deserve this act, sorely offends me, and well it should the public at large. Next time it could be one of us, anyone think of that?

AQUAMAN yes I agree that the prosecutor puts a spin on everything to turn people around to their way of thinking. Quite often it comes down to who has the best lawyer rather than what is right or wrong.

3 cops each tasing the guy at the same time and then again while handcuffed to a hospital bed does seem to be excessive force to me.

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