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AshTronaut PK appeal


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Posted (edited)

 

Character's name & rank: Dederick Stauss, Oberfeldwebel

SteamID32: STEAM_0:0:137019792

Staff member who issued the PK (if you know):  Unknown

Explain why you were PK'd: I was patrolling the ICC when i heard gunshots from atop the ICC gate. I ran up to see what was happening, and saw the kommodore and two other military members shooting at an unarmed civilian outside the gate. After they shot and killed them, I radio'd the situation in, after which an MGD attempted to arrest me, the kommodore saying that I was framing him. The MGD shot me for, what I assume is no apparent reason, then came to my spawn to arrest me again. After this, I was put into the cells, and told I was getting tried. Without any of my COs or an attorney present, adding a ton of false charges to my arrest, I was tried and sentenced to life in prison, PKing my character. 

Why should you be un-PK'd?: The kommodore and the two others had been mingeshooting at civilians, and two CO's from the discord told me I should make a PK appeal because of it, both suggesting it was totally unjustified. The attorney on the prosecution's side wasn't a real attorney, but a police officer. A plea deal was not offered, and I was not represented in court.

Additional Information: https://docs.google.com/document/d/1-SS2HQSdqb_wHDIvsckuXL9bOi7vFoXMZTNSRUiFDeE/edit

Edited by Dr. Intercourse, PhD
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I'm the Presiding Judge that took your case. 

 

1. I asked you if you wanted an attorney, you said yes and I made an advertisement calling for qualified attorneys. A minister with a BAR ID came but then decided against representing you, so we proceeded with the trial. You had ample time to request your CO's in too.

 

2. You plead guilty to all charges. I asked you your plea on each individual charge. When you decided to plead guilty on all charges, I then asked you if you therefore waiver your right to a proper trial, to which you did. Because of that, I went straight into recess and sentenced you according to the guidelines. 

 

3. Wolfrid Wolfgang is a registered attorney with a dual commission, just like how I have a judge commission myself. 

 

You had ample opportunity to fight your case in court and get your fair share of representation and instead chose to toss it all aside. Even told you you can appeal your life sentence and get it repealed after all of that.

 

While I can't speak for what happened prior to the trial (as I didn't bear witness to that), I can say that the court order pk was brought purely upon yourself by your own actions when you quite literally plead guilty to all charges and then waivered your right to trial. 

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6 hours ago, TheOblivionist said:

I'm the Presiding Judge that took your case. 

 

1. I asked you if you wanted an attorney, you said yes and I made an advertisement calling for qualified attorneys. A minister with a BAR ID came but then decided against representing you, so we proceeded with the trial. You had ample time to request your CO's in too.

 

2. You plead guilty to all charges. I asked you your plea on each individual charge. When you decided to plead guilty on all charges, I then asked you if you therefore waiver your right to a proper trial, to which you did. Because of that, I went straight into recess and sentenced you according to the guidelines. 

 

3. Wolfrid Wolfgang is a registered attorney with a dual commission, just like how I have a judge commission myself. 

 

You had ample opportunity to fight your case in court and get your fair share of representation and instead chose to toss it all aside. Even told you you can appeal your life sentence and get it repealed after all of that.

 

While I can't speak for what happened prior to the trial (as I didn't bear witness to that), I can say that the court order pk was brought purely upon yourself by your own actions when you quite literally plead guilty to all charges and then waivered your right to trial. 

Addressing the points made:
1. I was under the impression both sides had to have an attorney for the trial, and that i had been neglected getting one. I was not able to call for a CO, as I was in a prison cell. I was only told that one was called, but never showed up.

2. I plead guilty because I saw no other choice. The court case happened within half an hour, and I had nobody on my side of the court. Meanwhile, the prosecution had an attorney and two witnesses. I plead guilty in the hopes that it would lessen my sentence, figuring I was going to lose the case anyways with the cards stacked against me. I thought that fighting it would only worsen my punishment.

3. I did not know this. I was told by one of my CO's after the fact that he was only a police officer, as the document lists his rank as with the LaPo.

I panicked, and saw pleading guilty as the only way to try to get out of the situation alive. Unfortunately, that didn't happen.

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Denied.

You fell under the PK guidelines:

11. Being tried and convicted in a legal court system within proper jurisdiction, and being sentenced to death [PK]

12. The punishment must fit the crime. You cannot sentence someone to death for minor offenses; ie. not saluting [PK]

Your were found guilty on the charges:

Sedition
Gross Incompetence
Evading Arrest
Attempted Murder in the Second Degree on a Government Official
Contempt towards Government Officials
Obstructing Official Duties
Subversion of the War Effort
Disorderly Conduct near a Government Building 

You made the decision to plead guilty on all charges.

This PK was fair and justified.

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