OFF THE WIRE
They said they did not pull him over for a firearm So could it be because they were profiling a motorcycle rider?
Rogue
Florida man's handgun lawsuit dismissed in Wyo.
By Ben Neary
Associated Press
CHEYENNE, Wyo. — A federal judge is dismissing a lawsuit in which a
Florida man claimed Lincoln County sheriff's deputies violated his
Second Amendment rights by arresting him for carrying a handgun.
Judge Scott Skavdahl of Casper announced Dec. 19 that he will grant a
request from Lincoln County and the state of Wyoming to dismiss the
lawsuit filed by Robert Pierson, of Pensacola, Fla. Pierson had been
riding his Harley-Davidson through Lincoln County with a pistol on his
belt in August 2011. A U.S. Marine Corps helicopter pilot who has served
two combat tours in Afghanistan, he has said he was taking a
cross-country trip that brought him through Wyoming. Deputies stopped
Pierson near Alpine after another motorist complained that a
motorcyclist matching his description had been driving recklessly.
Pierson claims in the lawsuit filed this year that Deputies Corry
Bassett and Rob Andazola handcuffed him for 45 minutes while questioning
him about his gun. Although Pierson was handcuffed, the deputies didn't
disarm him and he wasn't cited. In a sworn statement filed in court
this fall, Bassett told Pierson's attorney, Gary Ferguson, that he
detained Pierson because Pierson wouldn't tell him initially whether he
had a gun.
Pierson, who recorded much of his interaction with Bassett and Andazola,
told Bassett only that he didn't consent to any searches.
Pierson stated that the lawmen's safety wasn't his concern, and that
their safety didn't trump his constitutional rights. He later posted the
recording of his encounter on YouTube, where it has been viewed more
than 100,000 times.
Bassett gave a sworn statement to lawyers in the case this fall that he
offered to release Pierson if he allowed Andazola to draw his weapon and
cover Pierson, ready to shoot him if he made any sudden moves.
Pierson declined the offer and was released after a supervisor from the Lincoln County sheriff's office arrived.
Ferguson said Friday he will review Skavdahl's written dismissal order once it's filed and intends to appeal.
Ferguson said earlier court cases have established that police may
detain an armed man who hasn't committed a crime only if he's dangerous.
"But he wasn't dangerous," Ferguson said of Pierson.
"And you can clearly show that from the recording that he made. You can
see that he wasn't dangerous. How do you let officers off when they're
illegally and unconstitutionally threatening lethal force?"
Sheriff Shane Johnson said Friday it's been frustrating to have the
lawsuit pending and to be under orders from his attorneys not to
comment. He said he received emails from people around the country who
had seen Pierson's You-Tube posting that were critical of his
department.
"This was never about a gun," Johnson said.
"There is no organization that's more pro-Second Amendment than this
organization. It was frustrating to have this turned into like this was
anti-gun." Johnson said Pierson didn't stop immediately when the deputy
turned on his emergency lights to pull him over. He said the deputy had a
heightened state of awareness after finding that Pierson was armed and
hearing him say that the deputy's safety wasn't his concern. "We expect
everybody in Wyoming to have a firearm, obviously. We're aware of that,"
Johnson said. "We don't pull over people because we see firearms, which
is what this was made out to be: we saw somebody carrying a firearm so
we decided to stop him. That's absolutely inaccurate."
