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Thursday, April 18, 2013

Travel Advisory for State of Montana USA

The Montana Recreation website has carefully analyzed travel safety of recreationalists and has issued a travel advisory for entry of all Americans and foreigners to Montana USA:

Due to malicious activity of the Montana Highway Patrol (and other justice system actors in Montana), along with this site's desire to warn potential recreationalists, we are strongly encouraging those seeking recreation in Montana to book excusions in other states.  The Montana Political News website (available: confirms the State of Montana is a corrupt state.  The US Justice Department ranked Montana 48/48 in 2007 which says justice is for the native locals, and those willing to be in criminal conspiracy for judicial favors.

Even though a 2012-2013 US Justice Department investigation into the failure to prosecute rape, Montana officials are defiant that nothing is wrong.  Your safety is at risk in the State of Montana.

It has been reported that peole have been arrested for sitting on public property, speaking in public, writing with sidewalk chalk, other formerly protected activities in the USA, and killed indiscriminately by Montana Law Enforcement.  The Montana Highway Patrol decides which recruit gets a test score,  blames victims of accidents, and "thows" accidents to the benefit of native Montanans.  The court system is not much different.

By recreating in Montana, your tourism dollars will support the current activity by visiting Montana.  This site was established to expose, educate, and encourge recreationalists to travel elsewhere.

The Boycott of Montana and NW USA states:

Montana's actual treatment of Americans is best described by the Legends of the Fall (1994) production, and also A River Runs Through It.  It is a place without respect for its taxpayers, or those different from native Montanans who benefit from corruption and crime of public offiicials.

Legends of the Fall ending scene

more than 150,000 views of our corruption example
views not for a 17 year old movie.

If you value your family's safety, or for yourself: please stay out of the State of Montana in the United States.  You are not tougher than a corrupt official from Montana, nor can you elude them.

We asked for protection, and rights from our congressmen, the FBI, and civil rights from the first African US president in 2009; nothing changed.  This is our "Montana US President letter" read on every continent on Earth:  and more than 5-10 Million confirmed views.

The treatment is echoed by global corporations that have no problem killing Americans such as 200+ in Libby Montana by WR Grace Co of Columbia Maryland.  These killings were allowed, due to payoffs to our Congressmen in Montana.

It is all beneath the beauty.....we made a documentary about it.
Beneath The Beauty Documentary:

about how Montana residents have no justice, and the truth of Montana is beneath the beauty.

Please inform all in your party, and your social network: Montana is not the place to visit, retire, recreate, or send children to University.  Besides, who is willing to pay $200/night to come here in the peak summer months.  Hotels spike their rates in the summer to gouge you and take you hard working dollars, euros, or yen.

This is a public service annoncement: stay out of Montana USA if your livelihood means anything to you.  This is no joke: recreate elsewhere besides the State of Montana.

This has been a Montana Recreation public service announcement.

Travel Safe,
Recreate Safely
Live Well.


Wednesday, February 6, 2013

The Angela Wetzsteon War


Note: links UPDATED. This post re-published to keep information online. The White House, US Senate , Montana Governor, American Bar Assn (ABA), American Association of Law Schools (AALS) Coverup is exposed in this post for Angela Wetzsteon a 2008 graduate of Montana Law School who prosecuted solo in 2007.

[This is a long post with LOTs of information]

NOTE: for an Angela Wetzsteon bumperstiker to "prosecute" her see:

The Angela Wetzsteon WAR

The University of Montana has sworn to uphold the criminal act of Angela Wetzsteon, the 2008 graduate of Montanistan Law. They swore an oath to the Chief Grizzly Alumni, Jim Messina of Montana, and his "dad" Maxmillian Baucus. Jim Messina is on the UM alumni board, and set up the US Presidential appointment of the UM law dean, Edwin Eck to absolve Angela Wetzsteon's crime of practicing law without a license. Read on American:

The Jim Messina Political Show:
read more:

[Note: Jim Messina, the 3rd most important "man" in the USA, is Obama's 2012 Hope for a change].

Video Dedication to Angela Wetzsteon:
The Montanistan Law School, Missoula Montana
the spoils of coverering up Angela's crime.

$40M expansion of the University of Montana Law School.
Here is the real heavy news folks. I own Angela Wetzsteon's name. You will lose. I dont care if the entire online assets of Univeristy of Montana, you threaten crime for asking to meet the University President, or you even push Angela Wetzsteon's name using many other resources. When there is a Presidential scandal, the internet goes wild for Angela Wetzsteon. When the American Bar Protects Angela Wetzsteon, the internet goes wild. When a blogger owns Angela Wetzsteon, its all over folks, you lost.

The new Dean of the Publically Funded Montana Law School, Dean Irma Russell refuses to meet with the public; does she think money grows on money trees too? How does Dean Irma Russell of the Montana Law School think she lost her spot on the standing committee on Ethics?
I think it was the detailed report on the Montana Law School which told the ABA she is worthless.

read more: ABA report on Montana Law School below standards via Angela Wetzsteon, Aubry Shultz as the school was informed, the Dean MYSTERIOUSLY gets a US Presidential appointment to look the other way for misconduct, and gets his legacy $40M law school built, HMMM.

[Note: a comprehensive report submitted to official ABA channels---and ignored; HMM]

No other student in the University of Montana History has the school protected with online resources than Angela Wetzsteon. Nate Montana, Joe's kid who plays quarterback for the Montana Grizzly football team got a DUI in Missoula Montana (sorry Nate, this is to expose the University of Montana not you). Jimmy Wilson, was charged with some form of murder in Lancaster, CA and served two years. Jimmy Wilson now proudly plays for the Miami Dolphins in the NFL. Any other student accused of wrongdoing has NEVER been protected like Angela Wetzsteon.

Here is a printout of a Google Search of Angela Wetzsteon
September 2011:

Online Protection for Angela Wetzsteon--From UM law school.
Lawyers are more important than people because they protect the crime that corporations and politicians do, as do the judges in the USA. To to protect the crime of Angela Wetzsteon, the University of Montana has to protect her, which was the deal to get the $40M expansion of the Law School. The Dean, Dean Irma Russell has also sworn to secrecy....and lost her spot on the standing committee on ethics for the American Bar Association (ABA).

No seriously, if you are not laughing, the American Bar has an ethics committee that stands up? LMAO, and keep laughing. Lawyers define the law so none of them go to jail, few of them are disbarred.

The Montana Supreme Court bent the rules for Angela Wetzsteon, their OWN rule. Angela Wetzsteon's case was "unpublished opinion" so they could neglect their own student practice rule that is in force in ALL 50 states. When a student breaks this "rule" it comes with up to three felonies.

Neglect a profession that all of these people had to follow for Angela Wetzsteon.
The smartest one there is the Grizzly.

brief asking to uphold thier order:

The Montana Attorney General via Mike King PROTECTED a crime
with public funds
read more:

FORMER City Attorney Kenneth S. Bell of Hamilton Montanistan, Wetzsteon


The University of Montana has experienced a down server as the students went back to campus, perhpas due to overloading the system......perhaps. [Angela Wetzsteon's law alma mater]

The Ravalli County telephone system went out on September 12,2011 which also took out most cell phone coverage, the 911 center, attributed to a break in an telephone optic cable....perhaps.
[Angela Wetzsteon works for Ravalli County Montana as a prosecutor]

It would be interesting to find out if more outages happen at the University of Montana, or in Ravalli County. Anonymous has to vote on a project to agree on its effectiveness. Taking peoples rights, threatening with crime for asking to meet with the University of Montana President probably qualifies.

Angela Wetzsteon broke the law to prosecute outside of US Constitutional rights to purposely destroy a livelihood. Angela Wetzsteon celebrates her criminality:
Angela Wetzsteon celebrating criminal conduct in a courtroom.

LEARNED BEHAVIOR at University of Montana Law School
AUGUST 8, 2007

DisBar Angela Wetzsteon

Angela Wetzsteon, Ravalli County Montana "Student" Prosecutor
umt[dot] edu

Why is the University of Montana protecting a:

1) Criminal Act of a former law student (Angela Wetzsteon)?

2) Unethical act which should shutter their law school?

3) Ignoring the damage to their school reputation?

While it may "...not be advisable to bite the long arm of the law (Angela Wetzsteon, via Ravalli Republic Newspaper; June 1 2011)", it really isn't advisable to practice law without a license: a Presidential appointment, public fraud of the Montana Attorney General Steve Bullock protects a crafty 2nd place finish in the 2007 NW Moot court, yet Angela Wetzsteon practiced law in a real court prior to being licensed in Montana. This post will tell you all about it.

note: The Eurpopean Law Student Association supports DISBARMENT.

Fourty-two (42) European countries are concerned, or alarmed with Angela Wetzsteon. Thirty seven Thousand (37,000) young lawyers and students from the Euopean Student Lawyers Association (ESLA, founded 1981 net worth: tens of million of Euros) are the very people who Montana solicits to visit the state to pay for its bottom line broken budget. Protect Angela Wetzsteon, lose bottom line. The choice is very simple: do the right thing: disbar!

please carefully read the "scandal" section conveniently written in CAPS. [Scroll complete page]


On August 8, 2007 Angela Wetzsteon, as a Univerisity of Montana Law Student, certified by their Dean, Edwin Eck to be a legal intern, NOT a prosecutor, practiced law in Ravalli County Montana unsupervised, and without a license. Even University of Montana law students are not lawyers.

A SWORN statement of facts by the presiding Judge August 17, 2007 affirms WETZSTEON's criminal act of contempt of court in a Montana courtroom on August 8, 2007 in Hamilton, Montana. The Prosecutor who was supposed to supervise was Bill Fulbright, but did not show: Angela Wetzsteon's unauthorized practice August 8, 2007. Fulbright is now elected Ravalli County Attorney in Montana.
read more:

Angela Wetzsteon was admitted to the Montana Bar October 9, 2008.

Angela Wetzsteon's training camp

Montanistan Law School

The Montana Law School,145/145 of ABA "approved" schools

approved to be unethical, approved to be in criminal contempt

of the Montana Student Practice rule [order #12982 Montana Supreme Court]

Montana Code Ann. MCA 45-7-309(c) Criminal Contempt of Court Order
Angela Wetzsteon graduated from the University of Montana Law School, Missoula Montana in 2008.

Angela Wetzsteon prosecuted law unsupervised August 8, 2007, Defendant in absentia.
[This is a constitutional right (Amend. VI) to confront your accusers, have case dismissed after 6 months...not in Montana]

George Corn, Angela Wetzsteon's supervising attorney in 2007
see to view his current unlawful acts.

Per required documents, Angela B. Wetzsteon supervisor was George H. Corn. Contempt of court should disbar Corn as responsible party for Angela Wetzsteon as it did Mike Nifong of North Carolina. [available:]

The Montana Student Practice Rule: one of the first in the US; 1975

students; including Angela Wetzsteon must be supervised in a courtroom at all times, and the supervisor is "personally and professionally liable" for all acts of the student. All 50 US states have these rules.

Angela Wetzsteon '08 was hired by George H. Corn (her supervisor) to be a Ravalli County Montana prosecutor, although criminal contempt of court was perfected by this University of Montana law student on August 8, 2007. [Montana Code Ann. MCA 45-7-309(c) (Criminal Contempt of Student Practice Rule)] Wetzsteon's practice mimicks how LA prosecutors charge GANG-BANGERS !!
[Spreadbury was a DECORATED FEMA officer (see certificate below)]

Obama has not sweat this bad since that Bengazi raid that killed his Lybian State Dept. official.

US President Nixon resigned in 1972: Watgate coverup, perjury.

The Montana US President letter from March 2009 to Obama: seeking civil rights!


Montana US President Letter (2009)
more information:

Dean Edwin Eck, Univeristy of Montana Law School
Missoula MT

Photo Courtesy of
Dean Eck came out of his skin when I sat in Feb. 9, 2011 on the fast and furious talk from Eric Holder at the University of Montana. This is commonly referred to as GUILT.

Former Dean Eck, University of Montana--sold out ethics for a Presidential appointment, after meeting with Spreadbury on October 20, 2007 and learning of Angela Wetzsteon's unauthorized practice.

BAUCUS without
IRS appointment for Dean Eck by US Senator Max Baucus in 2008--Protecting a friend, George Corn.

UPDATE: We found a $1.7M donation from Max Baucus to Former Dean Eck for the Law School:
[all so Angela Wetzsteon could practice law unsupervised, ruin my life, and get away with it.]
---Baucus appointed Girlfriend Melodee Hanes as US Attorney for Montana, then a USDOJ job.

US Senator Max Baucus drunk on senate floor [whining about "Healthcare"]
US Senator Max Baucus (D-Mont.) attempting an intoxicated salute

[with liquid "courage"]

The 2012 Election Connection to covering up Crime--Watergate Style:
Jim Messina was Baucus's chief of staff in 2008--set up nomination of Dean Eck.
Now he runs President Barack Obama's re-election campaign.

Covering up crime did not pay in 1972--(Watergate & US President Nixon) Nor now.
Do not elect Obama: his staff covers up crime.

President Obama's fixer--Jim Messina campaign manager 2012, University of Montana alumni Board
Jim Messina video interview at U Montana: [Video of interview with Jim Messina]
Jim Messina- "The Biggest Loser to have ever worked in the White House"
--We the People of Montana circa 2009.

DC blogs: "Messina is a tall douchebag who needs to be flushed from the White House."

As a certified law intern in the summer of 2007:

Angela Wetzsteon entered tampered evidence after the discovery deadline:

self-inflicted damage to "victim"--too bad it was the wrong cheek!

Spreadbury was standing to LEFT, here RIGHT cheek scratched.

The Ravalli County Sheriff Department tampered with evidence, "produced" this photograph.
ANGELA WETZSTEON, law student, entered into evidence after discovery.

Law enforcement in the United States go to jail for tampering with evidence.
Montana Code Ann. MCA 45-7-207. Tampering with or fabricating physical evidence
is a FELONY.

In Montana, it continues with impunity. In 2005, 4 inmates committed suicide in Ravalli County, perhaps it is due to NO Justice? The Judicial system is so bold they think allowing a law student to practice unsupervised can be slipped by if EVERYONE in Montana helps Angela Wetzsteon!


Criminal Charges from reqeusting Montana US President letter in Public Library


who "prosecuted" a case August 8, 2007

1) barred by speedy trial protections in Amendment VI--CASE DISMISSED IN HIGHER COURT
Note-- Angela Wetzsteon had no business BRINGING the case, being alone in a courtroom as a "prosecutor" she was a law student August 8, 2007, graduated Montana Law in 2008.

2) Spreadbury protected as justifiable force--and inalienable right in Montana to protect property from life threatening attack (Art. II s. 3 Montana Constitution) as happened October 10, 2006--the incident in question.

3) Angela Wetzsteon bullied the witnesses on the stand until the Judge told her to stop.

4) Angela Wetzsteon tried the case in absentia in violation of Amendment VI US Constitution.

5) Angela Wetzsteon did not object to an arrest warrant when Defense Counsel present for misdemeanor, and Defendant did not "fail to appear".
[Montana Code Ann. MCA 46-16-122 (Absence of Defendant from Trial)]

[Exceptional Service is < 1% of FEMA's workforce]
Angela Wetzsteon '08 has career advantage over her victim, Michael E. Spreadbury, former decorated FEMA officer whose job, residence was threatened by Steve Bullock
read more : google "Recall Bullock"

Angela Wetzsteon's Defense Counsel: Steve Bullock
Montana Attorney General !!
[Angela Wetzsteon was not a state employee, but a county intern in 2007]

Angela Wetzsteon agreeing to abide by some sort of ethics...and didnt.
--a proud member of the 48th ranked Montana Bar Assn. (2499 members and seeking)
BTW---there are no rules for students in the Montana Rules of Professional Conduct.

A warning to Montana Law students who wish to get "trial experience" like Angela Wetzsteon

Open letter to the Montana Law School which resulted in the "retirement" of their chief counsel.

Steve Bullock Montana Attorney General now Montana Governor
Protects unethical, criminal act of Angela Wetzsteon instead of protecting public
Ms. Wetzsteon is being protected by the Attorney General of Montana--Steve Bullock who is responsible for protecting the public, not criminal students, and supervisors in Montana:

Isn't Columbia law (ranked #5) so proud of the criminal scheme of their 1994 graduate who came "home" to protect crime in Montana [instead of protecting the people] ?

Steve Bullock, AG of Montana used his Tort Division to pay for the Defense of a law intern, [KNOWN AS PUBLIC FRAUD] for Angela Wetzsteon: an unlicensed and unsupervised LAW STUDENT, in a Montana Courtroom in violation of the Montana Student Practice Rule; AN ORDER from the Supreme Court, State of Montana: order #12982--The Student Practice Rule of May 1, 1975.

[Note: the FBI top criminal priority is public fraud-- see ]

Citizens who violate a court order, including lawyers, or student interns commit criminal acts. Montana Code Annotated MCA 45-7-309(c) [Criminal Contempt] is a misdemeanor. The Montana Attorney General Steve Bullock protects criminal acts of his employees, and non-employees (and is seeking higher office). Angela Wetzsteon has accomplished the perfect crime with Montana help.

Angela Wetzsteon celebrating criminal contempt of Court in Montana

Angela Wetzsteon highlighted in the Montana US President letter as the prosecuting law student; found at

Angela Wetzsteon (Montana Law '08) is from a recognized name in the Hamilton, MT area, and is being protected by the Montana Bar, the Montana Supreme Court, and The Montana Attorney General. Does the public wonder why Montana is ranked 48th of 48 states for Justice?


Come visit Montana soon. Don't enroll in the University of Montana Law school (ranked 172/200 of ABA "approved" law schools) or visit Glacier, Yellowstone National Parks
(unless losing YOUR livelihood is ok).


in good faith for unauthorized practice of law on August 8. 2007
"admission" to the Montana Bar October 9, 2008

Justice must be served....even in the last ranked state for justice--Montana
State Bar of Montana
7 West 6th Avenue, Suite 2B
P.O. Box 577
Helena, MT 59624 (59601 street)
Phone: (406) 442-7660
Fax: (406) 442-7763
Click for directions

The Power Block, Downtown Helena, Montana, Built in 1889

Bar Staff ContactsOffice hours are from 8:00 a.m. to 5:00 p.m. Monday - Friday Mountain Time
Chris Manos
Executive Director

Betsy Brandborg
Bar Counsel, Disgruntled Clients, Ethics Opinions & Inquiries

Note Geoff Mahar is on "leave"--actually on the run for the liability of suicide of a 2005 Detention Center Detainee; he failed to share information about inmates status to Sheriff.

read more:

Dean Irma Russell (wearing scarf) is so proud of her criminal conspiracy: US District Judge Malloy center (balding)
former Dean Eck (middle top) took Presidential appointment for Angela Wetzsteon's criminal practice.
University of Montana Law School is ranked 145/145ABA school "approved" to commit crime.

The Montana Law School $40M expansion
payoff and coverup:
For Angela Wetzsteon, George Corn's SNAFU

Angela's Law School Advisor
Professor Bari Burke (406) 243-4252
Law 208: Office Location
Current Law School Dean
Irma Russell (406) 243-4311
Office at South Entrance to New Law School Building

university of montana photos

Evil is defined as attacking innocent people.
[Dr. Philip Zimbardo, Stanford University]

Angela Wetzsteon as a VANDAL: she unlawfully stole Michael Spreadbury's livelihood (with help)


[share this post ]

Boycott Montana
[tell everyone you know]

Tuesday, August 28, 2012

Running for National Guard Duty

Somehow, we want to think in Montana a person carrying a training rifle and running in military uniform would not get you charged with felonly Terrorism.  In West Virginia, under Prosecutor Pamela Games-Neely, William Alemar was not so lucky.

copied post below.

Free William Alemar.  (See link below for petition, and facebook support page).

The Case of William Everett ‘Billy’ Alemar

First, a bit of background on Billy’s story:
Billy is a Specialist (E-4) and a member of the Virginia Army National Guard: Bravo CO, 3rd BN, 116th Infantry Brigade Combat Team. Billy has served in combat overseas. On Monday August 20, 2012 Billy was doing PT (exercising for the non-military types) in full gear, which means he was wearing his ballistic vest, with ceramic plates, magazines (which were empty), and the rest of the ‘battle rattle.’ He was also carrying an Airsoft pellet gun with a highly visible orange/red tip.
Billy's gear
At approximately 0700HRS Billy was stopped by three Martinsburg, West Virginia police officers. He was then arrested and taken into custody. Billy has been charged with committing a terrorist act, a felony, and with wearing body armor during the commission of a felony.Apparently local law enforcement were joined at Billy’s home by members of the Federal Bureau of Investigation, the Department of Homeland Security, and, possibly, members of the Federal Emergency Management Agency. After a bomb squad cleared his residence the agents and law enforcement officers searched and located ‘military equipment,’ which is unsurprising, given that Billy is a soldier.
At some point after that, members of DHS questioned Billy in jail. He has also undergone a psychological evaluation.
Billy’s next court appearance is on Wednesday August 29, 2012.
We believe that Billy’s charges are baseless and cannot stand legal scrutiny. Despite this, the Berkeley County Prosecuting Attorney has made a statement that she believes the charges are appropriate. In an attempt to shift the focus of the public’s attention, she has alleged that Billy was intoxicated (drunk) when he was taken into custody. Even if Billy was under the influence of alcohol, he is innocent of any felony criminal act. At worst, perhaps an ordinance violation for being under the influence in public.

Here is the link to Billy’s Facebook support page:

Here is the link to the petition that has been started, asking for Billy’s immediate release:

Now I will discuss the charges against Billy and my personal opinions and breakdown of those charges, and how the available facts apply.
The Berkeley County West Virginia Prosecuting Attorney’s office has charged Billy with Committing a Terrorist Threat and with Wearing Body Armor During Commission of a Felony.
In order to convict Billy of these charges, the State must prove each ‘essential element’ of the individual charges. In this case, the State must first prove that Billy committed a terrorist act, and then must prove that Billy wore body armor while committing the terrorist act in order to achieve a conviction on both charges. Each of these elements must be proved ‘beyond a reasonable doubt,’ which is the absolute highest burden of proof within the jurisprudence of the United States.
Each charge’s elements generally consist of the following:
1) There must be a law prohibiting the acts in question.
2) There must be criminal intent, or ‘mens rea,’ Latin for ‘guilty mind.’
3) There must be a criminal act, or ‘actus reus,’ concurrent with the criminal intent.
4) There must be ‘causation,’ or proof that the actual harm intended to be prevented has occurred.
I will attempt to break down each charge, and their essential elements, as I understand them. Please bear in mind that, while I am an attorney, I am not admitted to practice law in West Virginia, and, therefore, my understanding of West Virginia statutory interpretation may be somewhat flawed.
First, the charge of Committing a Terrorist Act:
The law prohibiting such an act is West Virginia Code §61-6-24. I have taken the liberty of underlining the portions of the statute that I believe are applicable to Billy’s case.
§61-6-24. Threats of terrorist acts, conveying false information concerning terrorist acts and committing terrorist hoaxes prohibited; penalties.
(a) As used in this section:
(1) “Economic harm” means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of criminal conduct. Economic harm includes, but is not limited to, the following:
(A) All wages, salaries or other compensation lost as a result of the criminal conduct;
(B) The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
(C) The cost of all wages, salaries or other compensation paid to employees for time those employees spent in reacting to the results of the criminal conduct; or
(D) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct.
(2) “Hoax substance or device” means any substance or device that is shaped, sized, colored, marked, imprinted, numbered, labeled, packaged, distributed, priced or delivered so as to cause a reasonable person to believe that the substance or device is of a nature which is capable of causing serious bodily injury or damage to property or the environment.
(3) “Terrorist act” means an act that is:
(A) Likely to result in serious bodily injury or damage to property or the environment; and
(B) Intended to:
(i) Intimidate or coerce the civilian population;
(ii) Influence the policy of a branch or level of government by intimidation or coercion;
(iii) Affect the conduct of a branch or level of government by intimidation or coercion; or
(iv) Retaliate against a branch or level of government for a policy or conduct of the government.
(b) Any person who knowingly and willfully threatens to commit a terrorist act, with or without the intent to commit the act, is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $25,000 or confined in a state correctional facility for not less than one year nor more than three years, or both.
(c) Any person who knowingly and willfully conveys false information knowing the information to be false concerning an attempt or alleged attempt being made or to be made of a terrorist act is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $25,000 or confined in a state correctional facility for not less than one year nor more than three years, or both.
(d) Any person who uses a hoax substance or device with the specific intent to commit a terrorist act is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $50,000 or confined in a state correctional facility for not less than one year nor more than five years, or both.
(e) The court shall order any person convicted of an offense under this section to pay the victim restitution in an amount not to exceed the total amount of any economic harm suffered.
(f) The court shall order any person convicted of an offense under this section to reimburse the state or any subdivision of the state for any expenses incurred by the state or the subdivision incident to its response to a violation of this section.
(g) The conviction of any person under the provisions of this section does not preclude or otherwise limit any civil proceedings arising from the same act.
Thus, the law itself prohibits not only the commission of a terrorist act, as defined by (a)(3), but also the threat to commit a terrorist act, as outlined by (b). Further, a terrorist act or threatened terrorist act does not require the use of actual materials, and the use of a ‘hoax substance or device’ is sufficient to support a conviction under the statute. Subsection (a)(2) sets forth the definition of a ‘hoax substance or device,’ and it is quite possible that Billy’s Airsoft pellet rifle falls within the very broad scope of this definition, as it ‘is shaped, sized, colored, marked, imprinted, numbered, labeled, packaged, distributed, priced or delivered so as to cause a reasonable person to believe that the substance or device is of a nature which is capable of causing serious bodily injury.’
The law also requires intent, or mens rea. Committing a terrorist act requires that Billy actually conducted some act that falls within the statutes definition of a ‘terrorist act.’ At present, we have no information that Billy did, in fact, commit such an act. However, the law also prohibits the threat of a terrorist act. It is my guess that the State is actually going to proceed under this portion of the statute. To satisfy the intent element, the State must prove beyond a reasonable doubt that Billy knowingly and willfully threatened commission of a terrorist act. Whether or not he actually intended to follow through with the threat is irrelevant. To date, no information has been made public that Billy did, in fact, threaten any terrorist act, or any other threats at all. It is quite obvious, even to a layman, that the intent must be proved, as well as the threat itself.
This brings us to the ‘actus reus’, or criminal act itself. What we know is that Billy was jogging in his military-issued equipment. We also know that he was apparently carrying a pellet gun. Neither of these individually, nor jointly, would rise to the level of either the commission of a terrorist act, or the mere threat to commit a terrorist act. There is absolutely no indication that Billy made any threatening gestures or verbal threats to anyone. There is also no indication that Billy intended to make any threatening gestures or verbal threats toward anyone. From the available information, some observers were concerned about Billy running in his gear, and some may have been, as characterized by the Prosecuting Attorney, ‘terrified’ by Billy’s behavior. Without any act on Billy’s part, however, this alone does not rise to the level of the conduct prohibited by the statute.
Next is causation. As I just mentioned, the Prosecuting Attorney is, as far as I know, premising the charge upon some members of the public’s subjective reactions to Billy’s appearance. There is no information available that would support any finding that Billy intended to ‘intimidate or coerce the civilian population,’ as required by (a)(3)(b)(i).
Taken as a whole, given what we know now, there appears to be no actual basis for the charge, and, further, there appears to be no evidence to substantiate any of the essential elements of the crime of committing, or threatening to commit, a terrorist act, let alone evidence sufficient to prove each of the above essential elements beyond a reasonable doubt. The mere response of members of the public, without any intent on Billy’s part, is wholly insufficient to obtain a conviction. In fact, I firmly believe as a criminal defense attorney myself that the charges are completely meritless and will be dismissed.
I should also mention the issue of ‘prosecutorial discretion.’ The Prosecuting Attorney’s office has the ability to dismiss, to decline to prosecute, to modify, or to prosecute any charges brought against a defendant. As has been made apparent by the Prosecuting Attorney’s office in this case, they have opted not to exercise their discretion to dismiss or decline to prosecute the charges against Billy. Similarly, despite their statements that Billy was intoxicated at the time of his arrest, no charges of disorderly conduct or public intoxication have been brought. The two original charges still stand. Thus, the Prosecuting Attorney’s office has made a conscious choice to pursue the charges as initially brought.
Next, we look at the charge of wearing body armor while committing a felony offense, which is covered by West Virginia Code §61-7-15.
§61-7-15. Persons prohibited from committing violent crime while wearing body armor; penalties.
(a) A person who wears or is otherwise equipped with body armor while committing a felony offense, an element of which is force, the threat of force, physical harm to another or the use or presentment of a firearm or other deadly weapon, is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than two nor more than ten years or fined not more than ten thousand dollars, or both.
(b) As used in this section, “body armor” means a jacket, vest, or other similar apparel or device constructed to provide ballistic resistance to penetration and deformation and intended to protect the human torso against gunfire. The term may include, but is not limited to, apparel that incorporates inserts, or variations in construction of the ballistic panel over small areas of the torso, for the purpose of increasing the basic level of protection of the armor (whether ballistic or blunt trauma) on localized areas. Body armor may be constructed of Kevlar or other similar fabric and may be reinforced with other materials. Body armor may incorporate “threat” or “trauma” plates (which are inserts that fit into the vest that will stop more powerful rounds) or may, as “threat armor”, incorporate hard panels.
As is obvious from section (a), if a person is wearing body armor while committing a felony with an element of force or ‘the threat of force, physical harm to another or the use or presentment of a firearm or other deadly weapon[.]’ I must state that Billy was carrying two knives on his person, which may, under the definition of ‘knife’ in WV Code §§61-7-2(3) and (9), may be considered ‘deadly weapons.’ Having said that, there is no evidence that Billy used, brandished or presented the knives while he was jogging, and, therefore, did not threaten force or use force against anyone with them.
Subsection (b) would obviously apply, as Billy was apparently wearing his issued ballistic vest/plate carrier, and did, in fact, have the plates within the vest. However, without meeting the requirements of subsection (a), this is a moot point.
In summation, it does not appear that the Prosecuting Attorney’s office can even a single element of either of the charges brought against Billy. The Prosecuting Attorney’s office’s actions, seen in this light, are, therefore, inexplicable and, from an objective legal standpoint, irrational. It may be that there are other factors involved, such as political aspirations, or perhaps attempts to placate perceived demands of the public, which have led to Billy’s continued prosecution and detention.
I must once again stress that my reading of the statutes in question is imperfect, as I do not practice law in West Virginia, and am not admitted to the State Bar of West Virginia. I must also state that there may be facts and circumstances that have not yet been made public, which could have a material impact upon the case. I have based my opinion solely upon the information that has been available as of the time I write this.

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