Judge orders release of detained Marine veteran

Florida has a provision called the Baker act that allows judges, law enforcement officials, physicians or mental health professionals to involuntarily examine someone that they believe has a mental illness or may be likely to harm themselves or someone else. They can even keep them for up to 72 hours after a Dr. has determined that they are stable.
A friend of mine who is a vet lost his temper at the veterans administration office and raised his voice when he was billed for something that should have been covered. A guard was called and he was "Baker Acted" for 4 days. He was never a threat to anyone.

We are getting to the point that dissent is considered a mental illness by the PTB.

I read Raub's post and he didn't write any sentiments that I haven't seen posted here on ATS at one time or another.

reply to post by Sparky63


I have a funny feeling you are correct on that thinking. I just think that the judicial system didnt imagine it would get as much coverage as it did. It was a good dry run for them but if this continues to happen i am sure more people will fight for our liberties and for justice bringing this to all types of medias.

reply to post by Sparky63


I also read his posts, I say worse on almost a daily basis, I am a vet too. I wander if they will try this on me? Glad I don't live in virginia.

reply to post by deadeyedick

That's just proof that a judge put him in there in the first place.

From my understanding, it wasn't an actual "judge" who ordered him in the hospital. It was some kind of appointee.........................I am not from VA, but if anyone knows this to be the fact or I misunderstood, please fill us in.....

Reports said it was a court appointed lawyer....Often courts appoint lawyers to sit over proceedings that don't really need a judge. Traffic tickets and general civil infractions. I have never heard of one being able to commit someone but then again I don't live in that state. I know in FL lawyers are often given judges case loads when they are minor civil infractions.

reply to post by milkyway12


Most state laws go something like this for involuntary committment, "has threatened to harm self or other and has the means to do it"

No adult is supposed to be detained against their will without reason in this country - at least the one I greww up in.

SFGate is also reporting on the Raub case,

Prince George County Circuit Judge W. Allan Sharrett said at the end of a one-hour hearing that the involuntary commitment order issued by a magistrate against Brandon J. Raub was invalid because it contained no allegation or basis to hold him, according to the head of a civil liberties organization that represented the 26-year-old veteran.

SFGate

File this under "Lucy you have some splaining to do!" it appears the scramble is on to place blame and responsibility not on those nice policemen but rather on those pesky crisis center workers as police say "we was only doing what we were told to do" someone needs to edumucate them that defense did'nt work at Nurumburg and it won't work here either.

The police side of the story

Let the finger pointing begin

“Chesterfield Police assisted federal authorities in their efforts to interview Brandon J. Raub on Thursday, Aug. 16. After speaking to Raub, officers believed him to be in need of further evaluation. Chesterfield officers at the scene contacted Chesterfield Mental Health Crisis Intervention,” Col. Dupuis stated. “Crisis workers recommended that police take Raub into custody and bring him in for evaluation. Chesterfield police took Raub into custody for evaluation in accordance with Virginia State Code § 37.2-808 Emergency custody

Col. Dupuis stated, “Raub was placed in handcuffs after he resisted officers’ attempts to take him into custody. Raub was evaluated by a Chesterfield mental health official, who determined that he should be held under a temporary detention order and transported to John Randolph Medical Center for additional evaluation. Raub was not arrested and he faces no criminal charges in Chesterfield. As this is not a criminal matter, Chesterfield police have no further comment.”

You know I could'nt make out any outright resistance at his arrest opps I mean detainment other than his insistance that his rights were being violated, next thing ya know he assults officer by tripping eh hmm accidentally into the officers legs while forced to the ground.

So lets see, police show up based on a blank warrant based on.........thin air. Claim custody was on third party recommendation, handcuff him because he threw himself on the ground (sarc)

Finally Judge comes to senses and does the right thing - I see lots of cash in Brandons future

Originally posted by Phoenix
SFGate is also reporting on the Raub case,

Prince George County Circuit Judge W. Allan Sharrett said at the end of a one-hour hearing that the involuntary commitment order issued by a magistrate against Brandon J. Raub was invalid because it contained no allegation or basis to hold him, according to the head of a civil liberties organization that represented the 26-year-old veteran.

SFGate

So does that mean this was the feds?
I'm not that informed on this kinda stuff but i was thinking magistrate was a fed rep.
oic The meaning of the word really depends where you are.
en.wikipedia.org...

United States Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some jurisdictions. The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc.[5][6] When used in this way it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by statute or by common law. In Virginia, for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the justice of the peace, which is common in many states for this function. As noted above, the terms "magistrate" or "chief magistrate" were sometimes used in the early days of the republic to refer to the President of the United States, as in President John Adams's message to the U.S. Senate upon the death of George Washington: "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (December 19, 1799). [edit]

reply to post by deadeyedick


Looks like its a state position by definition but I've also heard the term "federal magistrate" used in the past. We wont know for sure until the name of that person is published.

Heres the wiki definition, Magistrate, Wiki

See you already have it!

The whole basis of this thread is untrue. The courts have not said he should be set free. Unless somebody has evidence besides this.

Hopewell Circuit - Civil Division
Case Details

Case Number:
CL12000380-00 Filed:
08/23/12
Filing Type:
General District Court Appeal
Number of Plaintiffs:
0001 Number of Defendants:
0001
Commenced By:
Initial Filing
Bond:
Complex Case:



Plaintiffs

Plaintiff: COMMONWEALTH OF VIRGINIA
Trading as:
Attorney:



Defendants

Defendant: RAUB, BRANDON J
Trading as:
Attorney: FOWLER, BRIAN D


Hearings

# Date Time Type Room Duration Jury Result
1 08/23/12 11:30AM Commitment Appeal
Date Ordered To Mediation:

Final Disposition

Judgment:
Final Order Date:
Appealed Date:
Concluded By:

He filed a appeal in court this morning. He must of lost if he wants to appeal it.

And also from the above. The planitiff is the Commonwealth of Virginia.
Thats not the feds.

reply to post by JBA2848


The appeal filing makes sense as of this morning and is what would be expected to be filed by Raubs Lawyer prior to hearing. The news as reported says in hearing for the move to other hospital that Judge made a surprise ruling freeing Raub.

reply to post by Phoenix


So you are doubting the official record from the court house?

You can look it up yourself. Hopewell Circuit Court. Make sure you choose Civil search.

wasdmz2.courts.state.va.us...

Originally posted by dainoyfb
I hope the phyc ward hasn't pumped a bunch of brain wrecking chems into him yet.

Conspiracy alert!:

He was intentionally pumped full of chemicals to completely alter his mental faculties so that once released he will do something drastic and severe, thereby giving the "authorities" the perfect reason to say, "See, we told you so," which then gives them more leeway to continue behavior aimed at suppressing speech that questions the government.

*Cue horror music.*

Disclaimer: I don't really believe this to be the case, but i believe it to be probable.

I wonder how many drugs they pumped into his system during his "detention"? The next thing we are going to hear about him is that he assualts a IRS or SS building or something. Hell they need a reason to detain veterans and buying ammo for agencies that don't need it.

It's interesting
One of this guys last posts was something to the effect

They will be knocking at my door soon to take me to lead it

Has the gov in it's action, completed this now potentially self fulfilling prophecy ?
Something I've wondered since day one of his detainment, and the protest since

That was a cheaky smile he had as the put him in the cop car

There are articles saying Circuit Judge W. Allan Sharett said he should be taken out of custody. But he still has not filed papers?

Here is a interesting story about the judges nephew.
www.washingtonpost.com... html

Link between quotes.
"http://www.washingtonpost.com/local/crime/david-sharretts-family-still-wants-justice-for-friendly-fire-death-in-iraq/2012/02/22/gIQA097ScR_story.html "

Originally posted by JBA2848
reply to post by Phoenix

 

So you are doubting the official record from the court house?

You can look it up yourself. Hopewell Circuit Court. Make sure you choose Civil search.

wasdmz2.courts.state.va.us...

If thats the case can you explain this report from the courthouse - sheesh!

KTVR YouTube Report


[yvid]

reply to post by Phoenix


WWWWWOOOOOOOOOOOOOOOOOO
HHHHHHHOOOOOOOOOOOOOOOOOOOOO!!!!

I am the proud mother of a Marine. I live in Chesterfield County. I was so mad about this I couldn't see straight.

I've been waiting for someone - anyone - to come to their senses. Glad someone finally did - better late than never.

Wish that made me feel better.

Thanks, OP.