Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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RIDGEWAY SUPERIOR COURT TREESINTHEWOODS, Petitioner, v. THEBURNERPHONE, in their official capacity as a Patrol Officer in the Palmer Police Department, Respondent. Case No. RSC-CV-868 PETITION FOR WRIT OF HABEAS CORPUS Presiding Judge: koala4life PETITION FOR WRIT OF HABEAS CORPUS PETITIONER, treesinthewoods (“Petitioner”), 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, treesinthewoods, is a Resident of the State of Ridgeway. 2. Respondent, burnerphone, is a Citizen of the State of Ridgeway, and a Patrol Officer in the Palmer Police Department. 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 or around the day of January 15th, 2023, Petitioner was civilly conducting his business at or around the Bloxmart in Palmer, Ridgeway. 7. Petitioner had recently purchased a Stetson-M2A and was roaming around the City of Palmer. 8. Petitioner was awaiting his acquaintance, who was inside the Bloxmart, to complete his transactions. 9. Soon thereafter, a Resident, obiwen22, arrived at the Bloxmart with a Stetson-M2A and began opening fire at the Petitioner. 10. Petitioner took hold of his firearm and began to return fire at the violent Resident in hopes of defending himself and his acquaintance. 11. Petitioner was successful in his exercise of self-defense and was able to incapacitate and kill the Resident. 12. Respondent, coming from the Ridgeway National Guard Recruitment Center, arrived at the Bloxmart and immediately pulled the Petitioner out of his vehicle and placed him in handcuffs with no exchange of verbal dialogue. 13. Despite Petitioner pleading with the officer and attesting to what truly happened, Respondent continued with the arrest and arrested Petitioner for Second-Degree Murder, Unlawful Possession of Police-Grade Equipment, and Unlawful Discharge of a Firearm. 14. While the Petitioner does admit fault to Unlawful Possession of Police-Grade Equipment, the other two aforementioned charges are simply inaccurate. 15. The charge of Second-Degree Murder is not appropriate in this scenario as the Petitioner was acting in self defense against a vicious Resident who was attempting to maliciously harm the Petitioner. Considering that self-defense is a basic right (See Jackson v. City of S.F., 576 U.S. 1013 (2015), arresting the Petitioner with Second-Degree Murder is erroneous. 16. Furthermore, the charge of Unlawful Discharge of a Firearm is not nearly adequate as the Petitioner fired his weapon in self defense. 17. At no point in time did the Petitioner plan to, want to, or aspire to cause harm to obiwen22 until he began to discharge his firearm at the Petitioner. 18. Moreover, it was held in the United States Supreme Court that, “A person who kills in self-defense … is not guilty of murder under state-law, and is therefore not subject to the penalties prescribed for murder.” Gilmore v. Taylor 508 U.S. 333 (1993). REMEDY 19. In accordance with 1 R. Stat. § 2212, Petitioner seeks expungement of his criminal record dated January 15th, 2023, with timestamp 17:53 (5:53) ET for his arrest of § 3.10 - Second-Degree Murder, and § 5.05 - Unlawful Discharge of a Firearm Dated: January 16th, 2023 Respectfully submitted. ELLOM8HOWAREYOU Partner COHN, CICERO, & GOODRICH, LLC Suite 3B, Palmer Apartments Palmer, RW 33328 D: ello !#2023 E: [email protected] Counsel of Record

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