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Rubio cleared in menacing charge against Sandy police chief

Juan Rubio - Latest victim of "Mountain Justice", gives civics lesson to local law enforcement: Free speech is still protected by the First Amendment!

"Case thrown out of court and Sandy police rebuked for going too far in arresting distraught local man".
Just got this week's Sandy Post. This article is not on their web site, (Why is that, Mr. Post?) so I'll relate it here for all of you who don't want to drive way up here to get the print version.
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Clackamas County Circuit Court judge Steven Maurer accepted a motion from Juan Rubio's attorneys to throw out the charges of menacing and criminal mischief that the state brought against Rubio. In dismissing the seven-member jury, Maurer said the facts proved Rubio was just exercising his free speech rights, though Skelton may have found Rubio's comments upsetting.

"One of the attributes of free speech is that it well may be disturbing. You take the good with the bad." Maurer said in his closing remarks. The judge stated he not only had the authority, but the obligation to dismiss the case because he recognized the issues at hand were based on Rubio's right to free speech.

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As background:
Mr. Rubio was arrested last summer during the Sandy Mountain Festival Parade. It was exactly one month to the day after his son, Carlos, had gone missing under mysterious circumstances. Details are sketchy, but Rubio alleges Sandy Police had been harassing his son and believed they had information regarding his disappearance. Mr. Rubio was passing out flyers to parade watchers and confronted Sandy police chief Skelton, one of the grand marshalls, near the end of the parade route.

According to the Post, witnesses said Rubio was yelling at Skelton about the disappearance of his son and compared local police to Nazis.

Skelton said he called for backup after Rubio approached him three different times. He claimed he and his wife felt threatened.

Said Skelton, "His screaming in the public venue was creating public alarm. In the right circumstances, that kind of thing could have started a riot"
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In court, Judge Maurer countered Skelton's claims saying there was faint evidence that anyone was deeply disturbed by the encounter. "The best we got out of most witnesses was that he [Rubio] was inappropriate," the judge said.

Maurer rebuked Skelton saying the case should never have gone that far, and that, in his opinion, they should have just escorted Mr. Rubio away. "Police involvement should have been at at a significantly less level than arrest and prosecution," he said. "It is unfortunately one of the things you sometimes deal with as the police chief in a community."

Skelton said the case was another example of how the courts "have months to scrutinize a case for a decision made by an officer in a matter of seconds." He maintained that preventing a riot was one of the department's key concerns when arresting Rubio. "I'm well aware of the freedom of speech, but we're also tasked with protecting the public, especially in a crowd situation like Mountain Festival. We were doing that - we were protecting the public and Mr. Rubio."

The judge, obviously felt otherwise and was moved by the passion and emotion with which Mr. Rubio speaks of his son.

After Maurer made his decision, a weeping Juan Rubio thanked him. Mr. Rubio then took off his outer shirt, displaying a US Army shirt underneath, which the Post says cryptically "that the judge had ordered him to cover up earlier".

Rubio said "I took an oath to defend the Constitution of the United States. If I can't stand up for my son, who can I stand up for? He was a really good boy - this happened all because of racist crap."

Maurer responded "flushed and with a few tears" according to the Post: "I don't know what it would be to lose a son. I don't want to tell you how to better put this behind you, but I hate to see you eat yourself up day-in and day-out."

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Congratulations Mr. Rubio! You are a true American hero. I will not forget your son or the battles you have fought - in war, and here again at home - to ensure that my rights and freedom, and those of us all, are protected.

To the Sandy PD: Study Mr. Rubio's mug shot well. THIS is what courage, integrity and strength look like!
And... 01.Feb.2006 18:53

LN

Mr. Skelton, if you were experiencing fear at this incident, then you have not been paying attention. Get your rogues under control, do it now, or head down the road. You have only just begun to sense fear.

Hatter, once again, you are there with the much needed facts, and I thank you. Mr. Rubio has been much in our thoughts. The judge in this case, exhibited what we would like to see in all of our judges, common sense, compassion, and decency.

We need more articles like this one.

No Riot? Whew! 01.Feb.2006 19:03

thank the cops

Well, I'm certainly glad those people didn't riot!!! :-)

Congrats Mr. Rubio, thanks for standing up for your rights, which helps protect rights for everyone. I have the deepest sympathy with all those unfortunates who have had fatal encounters with the police.

thank you madam hatter! 01.Feb.2006 19:29

mn

Are you going to the anti-police violence protest at CCSO on the 11th? (There's an announcement on this site, scroll down the front page a bit. I think it's right below another of your informative posts.) I am planning to be there, and I would love to see you there, and also Juan Rubio, if you know how to reach him. The rally is in protest of systemic police violence, and was sparked by the fact that the CCSO just finished "investigating" itself in the killing of Fouad Kaady, and declared itself clean. They had the nerve to say that the officers who shot this unarmed man committed no wrong because they "followed procedures." As if "procedures" that allow this sort of thing are no problem.

here's to another champion of free speech 01.Feb.2006 19:48

st

I'm happy to hear Juan Rubio won't be rotting in jail due to petty, neurotic delusions arizing from chief skelton that impair his responsibility to ensure that the provisions of the 1st amendment will not be deprived from the citizens he is obliged to serve. Now Mr. Rubio can perhaps re-devote some energy into exploring the substance he believes exists in regards to the involvement of local police in the death of his son.

you guys know whats funny 02.Feb.2006 00:32

just me

I know Skelton personaly. I dated his daughter. What the fuck.

thankyou 02.Feb.2006 00:40

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thankyou for the link to keep it archieved. I dont feel comfortable giving my name or doing much planning if we do start some sort of group on here so we need to figure out a way to get together without informing the people who might be watching this site =).

The cry of the oppressor 02.Feb.2006 14:30

Fredric L. Rice frice@skeptictank.org

Once again the oppressor proclaims the justification for their oppression, "We did this to safeguard you, the citizens." See, in a fascist regime, the oppression of the citizenship's rights, freedoms, and liberties is done to safeguard people's rights, freedoms, and liberties.

Orwellian fascism, 100%.

Good job seeing the Judge decide "USA PATRIOT Act" and other fascist "free speech zones" treasons against America don't trump the Constitution or the Bill of Rights.

My opinions only and only my opinions.


A suggestion? 02.Feb.2006 17:17

Dana Skully

Like-minded individuals will be meeting in Oregon City on Feb. 11 in protest of police violence and Fouad Kaady's murder. It might also be a good time to network and exchange contact info more privately than the Indy forum allows. But then again, it might not. Any thoughts?

Am also doing research on encrypted e-mail servers and other ways to increase privacy on-line (if that's even possible anymore). Perhaps I'll have some info on this at the rally -depending on what I find out.

Any techno-geeks out there who know more about this? (And I use the term "Geek" with the greatest respect. Seriously.)

"Thankyou" 02.Feb.2006 17:30

De Nada

"Thankyou" -

Why is your same exact comment posted here and on at least one other article re: protests? What does "to keep it archieved" mean? I'm sorry if you're motives and intentions are honorable, but you're raising some questions in my mind. Looks a little too much like sneaky cops trying to sound like indy posters to me. Be careful!

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thankyou 02.Feb.2006 00:46

thankyou for the link to keep it archieved. I dont feel comfortable giving my name or doing much planning if we do start some sort of group on here so we need to figure out a way to get together without informing the people who might be watching this site =).
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oh sorry 04.Feb.2006 01:46

double post

I didnt mean to post that twice. I posted it in the wrong forum the first time and as far as I know there is no way to delete a post that you have put up, so I went back and put it up in the right one. A person on that forum put some links together on a webpage to keep the shit we were talking about archieved (sp?) so it wouldnt get lost after a day of multiple posts on here. Haha, as far as a sneaky cop goes, thats definatly by far not the case. But I guess you would have to know me personal to truely know that but oh well. Anyways, I am not a cop haha.

On a second note, where is the protest being held in Oregon City and what time? I might be able to make it.

Thank You Maddam Hatter 10.Feb.2006 12:58

Rev. Rawhide Wagontire

Thank you so much for this enlightening article. Judge Maurer, of Clackamas County District Court appears to be one of the only small rays of light or hope in our county. Chief Harold Skelton on the other hand, remains the scrawny sick coward and bully that he has probably always been. Unfortunately, this loser is still the chief of police in Sandy Oregon. I think it's time that Mayor Malone and Sandy residents wake up to the fact that Skelton is much more of a danger to peace and stability in their community than he is a protector of public safety. Sandy residents need to cut their losses and acknowlege that skelton is much more of a liability than an asset to this sleepy little town , and give him the boot. Put in more simple terms, Harold Skelton is what most decent folks would refer to as a low-life degenerate and a cowardly puke, and he must go. Excuse me if that sounds strong, but even the Reverend must call them as he see's em sometimes.

What happened to Carlos? 14.Feb.2006 19:49

Sarah Rubio

Carlosrubio.org

Check it out.