Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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RIDGEWAY ADMINISTRATIVE COURT EPIDERMISGUPTA69, Petitioner, v. MARINIFY, in their official capacity as a Deputy in the Ridgeway County Sheriff’s Office, Respondent. Case No. RSC-CV-816 PETITION FOR WRIT OF HABEAS CORPUS Presiding Judge: Hecxtro PETITION FOR WRIT OF HABEAS CORPUS PETITIONER, Epidermisgupta69 (“Epider”), by and through undersigned counsel hereby petitions for writ of habeas corpus to this court in accordance with 1 R. Stat. §§ 2210-12. PARTIES 1. Petitioner, Epidermisgupta, is a citizen of the State of Ridgeway. 2. Respondent, Marinify, is a Citizen of the State of Ridgeway, and a Deputy in the Ridgeway County Sheriff’s Office. JURISDICTION 3. Article V, Section IV of the Ridgeway State Constitution empowers this Court to hear “all civil or criminal cases or controversies.” 4. 1 R. Stat. § 2210-12 furthermore empowers this Court to hear this controversy as it is a writ for habeas corpus. 5. Venue is proper in this Court as the incident took place within the County of Ridgeway. FACTS 6. On December 6th, 2022, Petitioner was utilizing the ATM at the Pharmacy in Palmer, Ridgeway. 7. When the Petitioner was finished using the ATM, he turned and sprinted towards his car which was parked in the parking lot of the pharmacy. 8. At the time that he was running to his car, an unmarked law enforcement vehicle driven or occupied by Respondent, Marinify, drove down the alleyway adjacent to the Pharmacy. 9. The car stopped, the officer got out, gave no verbal notice of his presence, and as the Petitioner was running to his vehicle, the Officer tazed the Petitioner and then handcuffed him after the taser stopped tazing, but before he could continue running towards his car. The Petitioner stopped running after the taser was deployed and at no point intended to evade law enforcement. 10. The Petitioner did not know whether the Deputy was chasing him until the taser was deployed, and after the taser was deployed, stopped moving and was detained. The Deputy never verbally indicated or otherwise that he was pursuing the Petitioner and the Petitioner had no intent on evading law enforcement, only on running towards his car. 11. After he was detained, the Officer took him to the Palmer Police Department where he was booked for §3.08 attempted murder and § 2.09 evasion. 12. In the arrest affidavit, the Officer posited that the Petitioner “attempted to rob an ATM and evaded LEOs on foot,” at the Palmer Pharmacy. 13. The Officer’s arrest affidavit does not allege a factual basis to support either charge. The officer lacked any probable cause that the Petitioner attempted murder both because the Petitioner at no time attempted to commit murder, and also because the arrest affidavit fails to include any allegation of it. 14. The Officer’s arrest affidavit also does not provide basis for probable cause for the arrest of evasion because it only alleges a threadbare recital of the elements of the charge of evasion without grounding it in case specific fact. This is insufficient to support an arrest. 15. Because the Officer never verbally indicated or used other proper devices to indicate that he was pursuing the Petitioner, the Petitioner is actually innocent and no reasonable jury would convict the Petitioner because after the Respondent used the proper devices to indicate pursuit, the Petitioner was detained. 16. The Petitioner went to jail for a total of 40 minutes for two crimes that he did not commit, and that the Officer lacked probable cause for. 17. After he was arrested, the Petitioner DMed the officer and asked why he did that, referring to an arrest. He received no response from the Officer. 18. Petitioner never committed either crime and is actually innocent of both. The Officer lacked probable cause for either crime and no reasonable jury would convict the Petitioner. The Officer, as well, had no warrant that justified either arrest. REMEDY 19. In accordance with 1 R. Stat. § 2212, Petitioner seeks expungement of his criminal record dated December 6th, 2022 with timestamp 17:51 for his arrest of § 2.09 evasion, and § 3.08 attempted murder by Deputy Marinify. Dated: December 21, 2022 Respectfully submitted. CLIFFORD2 Counsel 10 000 ELLOM8HOWAREYOU Senior Associate COHN, CICERO, & GOODRICH, LLC Suite 3B, Palmer Apartments Palmer, RW 33328 D: ello !#2023 E: [email protected] COUNSEL OF RECORD

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