Judge York State of San Andreas Vs. Nick Charron - Not Guilty

skinner

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Defendant: Nick Charron

The defendant was arrested in this district on the following date May 4, 2022

Defendants Plea Not Guilty

Main offense charged is a: Felony

Defendant has retained counsel: Yes

Charges under which defendant has been booked Original Charges:
1x P.C. 1137 Jailbreak (480 months, $6000)
1x P.C. 3118 False Personation (15 months, $2000)

Charges Added by AG:
1x P.C. 2106 Hostage Taking (State) (15 months, $3500)
1x P.C. 2110 Assaulting, resisting, or impeding Department of Corrections Officers (20 months, $3500)
1x P.C. 2232 Assault on a Public Servant (30 months, $4500)

The Grounds for this Indictment are: Report from the Arrest subsequent to a Bank Robbery by 504 Thomas Red:
Whilst FTOing, Red and Burns received a call of a 90 at the Hawick Ave bank. Upon arrival, we saw a grey Tampa, a hostage, and an armed individual wearing a black jacket. His accomplice, wearing a grey hoodie, was armed with a suppressed pistol. After negotiating and leaving the bank, a long 10-80 ensued with their vehicle eventually being disabled via PIT by 590 Stevenson. Both suspects bailed on foot, running in separate directions. All other officers chased down the accomplice whilst Red chased down Nick Charron until additional unit 503 J. Rodger arrived. Eventually, following another long chase, this time on foot, Red was able to tackle the suspect and convince him to surrender, which he did without any aggression besides tackling the officers once or twice.

Mr. Charron was arrested, placed in Rodger's vehicle and taken to MRPD where he pled guilty to all charges from the bank robbery. Through processing, officers discovered Mr. Charron had an outstanding warrant for Jailbreak and False Personation. He was notified of this and pled not guilty. He was, in total, sent to BBP for 1975 months (55 months from the bank robbery).

Report from the Warrant subsequent to a Jailbreak by 202 Riley Snowe:
On 04/30/2022 there was a prisoner being held at Bolingbroke Prison by the name of Dushane Hill. Around the time of 2:30 PM, EST corrections officer Wil Alexander received a phone call from a phone number 708-126-6345. The person on the phone stated they were "Agent Flanery," which is referencing past FIB Agent Patrick Flanery.

The suspect called the corrections officer to gain access to the prison to speak with the inmate named Dushane Hill. Once inside the prison, the suspect that gained access spoke with Dushane privately for a moment. Upon leaving the building between the alleyway of the prison, the "Agent" pulled a knife on the corrections officer. At this point, Dushane Hill stole items off the corrections officer, the suspects ordered the corrections officer to let them out via threatening them with a Knife after taking their communication abilities, and then they escaped after the "Agent" cuffed the corrections officer with Dushane beating the corrections officer.

Both suspects got away in a black four-door SUV.

A subpoena was submitted for the phone number that called the corrections officer, who stated over the phone they were "Agent Flanery," and the number 708-126-6345 comes back to Nick Charron. The suspect's MDT photo also matches the face of the person in the bodycam as no mask was worn.

Key Witnesses Called 504 Thomas Red
202 Riley Snowe

Witnesses Called 533 M. Smith
916 J. Burns
590 S. Stevenson
556 T. Springfield
503 J. Rodger

Evidence Submitted Exhibit A1 (Bodycam from 504 Thomas Red - Arrest from Bank robbery): https://youtu.be/UWibSOhsaEQ
  • - 00:00 - 00:15 - Suspects leaving the bank​
  • - 15:00 - 23:22 - PIT and following foot chase​
Exhibit B1 (Prison Break Call): https://imgur.com/fU3vdbz
Exhibit B3 (621 Gavin Carter Bodycam): https://www.twitch.tv/videos/1470451051
Exhibit B4 (680 Wil Alexander Bodycam): https://www.youtube.com/watch?v=3ZGRd626KCc&ab_channel=Mindjob2005
Exhibit B5 (Dushane Hill MDT profile): https://imgur.com/B3i5uHG
Exhibit B6 (Weapon stored from Nick Charron): https://gyazo.com/a7844a2d5a1d08c5a75180ff94448956
Exhibit B7 (Weapon serial number return): https://imgur.com/18UeWw1
Exhibit B8 (Weapon owner MDT profile): https://imgur.com/JaFmOH8
Exhibit B9 (Subpoena'd Phone Number / Records - Phone # 708-126-6345): https://nonstoprp.net/index.php?threads/riley-snowe-subpoena-request-for-708-126-6345.24351/
Exhibit B10 (Nick Charron MDT profile): https://i.imgur.com/6rmGRUS.jpeg

Is the defendant on bail? No

Yes Yes

Signature on behalf of the State of San Andreas Chance Noonan
 

MissBombastic

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District Court of San Andreas
The State of San Andreas vs Nick Charron

Case No.: 22-24600

Judge Ruby York presiding


Finding: The District Court of San Andreas concludes there is a legal basis for this trial.

Charges:
1x P.C. 1137 Jailbreak (480 months, $6000)
1x P.C. 3118 False Personation (15 months, $2000)

Additional Charges:
1x P.C. 2106 Hostage Taking (State) (15 months, $3500)
1x P.C. 2110 Assaulting, resisting, or impeding Department of Corrections Officers (20 months, $3500)
1x P.C. 2232 Assault on a Public Servant (30 months, $4500)

Total time: 495 months (time served) plus 65 months
Total fine: $8000 plus $11500

Disposition of the Defendant(s): Not Guilty

Defendant's Legal Counsel: Nick Charron @zombosgaming it is highly recommended that you seek your own BAR Certified lawyer immediately and if you are unable to afford a one, please reach out to the Department of Justice.

Discovery Period: Discovery will begin now and ends on Sunday, May 15. All first-hand witnesses, that cannot attend this trial, can be deposed or provide Sworn Affidavits. Make sure you publish them on this docket for the opposing counsel to see.

Trial/Sentencing Date:
Please go to the following link: SELECT THE COURT CASE TIME & DATE Select the times you are available. I will then find the best time and announce the trial date/time in this docket between May 16-19.

Witnesses:
504 Thomas Red @Thomas Red - ACCEPTED
202 Riley Snowe @Detective Snowe - ACCEPTED
533 M. Smith @Monty Smith - ACCEPTED
916 J. Burns @Arcticwolf3007 - ACCEPTED
590 S. Stevenson @SteveStevenson - ACCEPTED
556 T. Springfield @Tom Springfield - ACCEPTED
503 J. Rodger @Johnny_Rodger421 - ACCEPTED

Evidence:
Exhibit A1 (Bodycam from 504 Thomas Red - Arrest from Bank robbery): - ACCEPTED
Exhibit B1 (Prison Break Call): - ACCEPTED
Exhibit B3 (621 Gavin Carter Bodycam): - ACCEPTED
Exhibit B4 (680 Wil Alexander Bodycam): Timestamp - ACCEPTED
Exhibit B5 (Dushane Hill MDT profile): - DENIED
Exhibit B6 (Weapon stored from Nick Charron): - ACCEPTED
Exhibit B7 (Weapon serial number return): - ACCEPTED
Exhibit B8 (Weapon owner MDT profile): - ACCEPTED
Exhibit B9 (Subpoena'd Phone Number / Records - Phone # 708-126-6345): - ACCEPTED
Exhibit B10 (Nick Charron MDT profile): - ACCEPTED
 

LeSe7en

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Your Honor,

I will be representing the defendant in this case. I have declared my availability in the calendar.
 

MissBombastic

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Your Honor,

I will be representing the defendant in this case. I have declared my availability in the calendar.
Mr Santos,

Unfortunately none of the times you indicated on the schedule line up with your defendant.
Either Mr Charron will need a new lawyer or self represent.

Judge Ruby York
 

MissBombastic

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ORDER TO APPEAR FOR COURT​

SAN ANDREAS DISTRICT COURT
CASE : 22-24600​


COURT ORDER TO APPEAR AND TESTIFY AT A HEARING​

Defendant:
Nick Charron @zombosgaming

Witnesses:
504 Thomas Red @Thomas Red
202 Riley Snowe @Detective Snowe
533 M. Smith @Monty Smith
916 J. Burns @Arcticwolf3007
590 S. Stevenson @SteveStevenson
556 T. Springfield @Tom Springfield
503 J. Rodger @Johnny_Rodger421

YOU ARE COMMANDED to appear in the San Andreas District Court for a hearing. If and when you arrive, you must remain at the courthouse until the judge or a court officer allows you to leave.

Date and Time: Tuesday May 17th at 2:00PM EST
 
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Detective Snowe

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@MissBombastic
I am unable to make the requested time. I can only make it after 5:30 PM during week days. I can fill out an affidavit if that is okay?
- Detective Snowe
 

MissBombastic

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@MissBombastic
I am unable to make the requested time. I can only make it after 5:30 PM during week days. I can fill out an affidavit if that is okay?
- Detective Snowe
Detective Snowe,

Reach out to the Attorney General's office to see what they want you to do.

Thanks
Judge York
 

jay17

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To the Honorable Judge,

I, Cyrus Hunt, will now be appearing as counsel for the defendant Mr. Charron in this matter. I have a handful of preliminary matters I would like to bring to the Court's attention. Would you like those submitted to the docket, or meet 30 minutes before the trial to take those up?

Kind Regards,
Cyrus Hunt
 

MissBombastic

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To the Honorable Judge,

I, Cyrus Hunt, will now be appearing as counsel for the defendant Mr. Charron in this matter. I have a handful of preliminary matters I would like to bring to the Court's attention. Would you like those submitted to the docket, or meet 30 minutes before the trial to take those up?

Kind Regards,
Cyrus Hunt

I will be available before the case tomorrow, however it may be best to put any motions here on the docket so that all parties included can respond.

Judge York
 

jay17

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I will be available before the case tomorrow, however it may be best to put any motions here on the docket so that all parties included can respond.

Judge York
Certainly, your honor. As my preliminary issues could still be sorted if discovery is still open, I am seeking clarification on that matter. Has discovery been formally closed at this point in the case?
 

MissBombastic

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Certainly, your honor. As my preliminary issues could still be sorted if discovery is still open, I am seeking clarification on that matter. Has discovery been formally closed at this point in the case?
Discovery was closed yesterday, Sunday May 15
 

jay17

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Very well - thank you, your honor. Please see our attached motions below.

On 04/30/2022 there was a prisoner being held at Bolingbroke Prison by the name of Dushane Hill. Around the time of 2:30 PM, EST corrections officer Wil Alexander received a phone call from a phone number 708-126-6345. The person on the phone stated they were "Agent Flanery," which is referencing past FIB Agent Patrick Flanery.
We'd move to strike and exclude the following statements. This statement is hearsay, as firstly, it was stated over the phone, and secondly Corrections Officer Wil Alexander has not been offered as a witness by the government, thus removing the opportunity for us to cross-examine him. For the purpose of my motion, I am citing the federal rules of evidence on the rule of hearsay.

The following definitions apply under this article:
(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
(b) Declarant. “Declarant” means the person who made the statement.
(c) Hearsay. “Hearsay” means a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and​
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.​
In this case, the declarant (Wil Alexander) has not provided sworn testimony, nor will he be available to do so as he will not be testifying at the trial as he has not been submitted as a witness. Furthermore, even if he were to testify it would still fall under the hearsay rule as the statement was not made while testifying at the trial and the government is using that statement to prove the truth of the matter asserted.

The suspect called the corrections officer to gain access to the prison to speak with the inmate named Dushane Hill. Once inside the prison, the suspect that gained access spoke with Dushane privately for a moment. Upon leaving the building between the alleyway of the prison, the "Agent" pulled a knife on the corrections officer. At this point, Dushane Hill stole items off the corrections officer, the suspects ordered the corrections officer to let them out via threatening them with a Knife after taking their communication abilities, and then they escaped after the "Agent" cuffed the corrections officer with Dushane beating the corrections officer.
We'd also move to strike this statement as it also falls under the hearsay rule. Anything stated over the phone is utterly hearsay, and we ask the Court to strike and disregard any statements of it.

A subpoena was submitted for the phone number that called the corrections officer, who stated over the phone they were "Agent Flanery," and the number 708-126-6345 comes back to Nick Charron. The suspect's MDT photo also matches the face of the person in the bodycam as no mask was worn.
We'd also move to strike this statement as it is hearsay.


We would move to suppress any statements made in Exhibit B3 & B4 as it is hearsay. We'd move to suppress Exhibit B9 as an accessible copy was not provided to the defense.

Kind Regards,
Cyrus Hunt
 

Tom Springfield

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Your Honor,

I am afraid I know of no details referring to this case.
Also the given time and date I will not be able to appear due to the time and Liberty City commitments .

Regards,
 

skinner

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Very well - thank you, your honor. Please see our attached motions below.


We'd move to strike and exclude the following statements. This statement is hearsay, as firstly, it was stated over the phone, and secondly Corrections Officer Wil Alexander has not been offered as a witness by the government, thus removing the opportunity for us to cross-examine him. For the purpose of my motion, I am citing the federal rules of evidence on the rule of hearsay.


In this case, the declarant (Wil Alexander) has not provided sworn testimony, nor will he be available to do so as he will not be testifying at the trial as he has not been submitted as a witness. Furthermore, even if he were to testify it would still fall under the hearsay rule as the statement was not made while testifying at the trial and the government is using that statement to prove the truth of the matter asserted.


We'd also move to strike this statement as it also falls under the hearsay rule. Anything stated over the phone is utterly hearsay, and we ask the Court to strike and disregard any statements of it.


We'd also move to strike this statement as it is hearsay.


We would move to suppress any statements made in Exhibit B3 & B4 as it is hearsay. We'd move to suppress Exhibit B9 as an accessible copy was not provided to the defense.

Kind Regards,
Cyrus Hunt
Your Honor,

The State can obtain a sworn statement by corrections deputy Wil Alexander if the defense does not oppose it.

As to the issue brought up by the defense concerning Exhibit B9 the State has no issue providing an accessible copy. This should have been made available up-front.
 

jay17

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The State can obtain a sworn statement by corrections deputy Wil Alexander if the defense does not oppose it.
We do oppose it as he is not listed as a witness and discovery is closed, hence the reason for my earlier comment.
 

MissBombastic

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Motion for continuance from the Prosecutor, District Attorney Alastor Magne, was accepted to the court.

Court has been scheduled for Friday, May 20th at 2:00PM EST.
 

Alastor Magne

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@MissBombastic With this continuance has discovery reopened to allow for the submission of affidavits from witnesses who won't be able to attend?
 

jay17

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We would object to witnesses being able to submit affidavits, while I am mindful of their availability this is the exact issue we highlighted. There would be no purpose in having a trial if all of the witnesses only submitted affidavits and there is literally no one for us to confront as we are constitutionally entitled to do.
 

skinner

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Your Honor,

The defense has 3 days to conduct depositions if they want to be able to question witnesses that cannot attend court. There doesn't seem to be any point to the continuance if discovery isn't reopened to allow for affidavits or depositions.
 
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