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-   -   She took DV abuser's guns to police, and was arrested. (https://www.survivalistboards.com/showthread.php?t=920442)

Mr. Sockpuppet 06-21-2019 10:01 PM

She took DV abuser's guns to police, and was arrested.
 
Fearing Her Husband, She Took His Guns To Police. They Arrested Her.

As a result, the victim spent more time in lockup than the man who tried to kill her.

If I were that LEO's boss, I would sent him home without pay, pending termination of employment...for the profound lack of common sense.

Quote:

...Joseph Irby followed his wife as she left the courthouse and began ramming his car into the back of her vehicle, ultimately driving her off the road...Police arrested Joseph Irby and charged him...Courtney Irby applied for a temporary injunction for protection.

A judge granted Joseph Irby's pretrial release with the condition that he not own, possess or carry firearms.

Hearing this, Courtney Irby went to her husbandís residence and located his two guns...and took them to Lakeland Police Department...Police arrested her and she was charged with armed burglary of a dwelling and grand theft of a firearm.

Jlrhiner 06-21-2019 10:07 PM

She entered his house, not their house? Charges were warranted. That was theft.

Mr. Sockpuppet 06-21-2019 10:08 PM

Quote:

Originally Posted by Jlrhiner (Post 19598696)
She entered his house, not their house? Charges were warranted. That was theft.

It is not. Read the Florida statute.

Or better yet, read the article.

Quote:

...Her lawyer, Lawrence Shearer, told HuffPost that his client was upset and distressed. He said that her actions did not amount to theft under Florida law because she was not taking the guns for herself but rather transferring them to the police department, where her husband could collect them at a later date.

“Theft is to deprive someone of the right or benefit of property,” he said. “She didn’t do either one of those. She was taking them to the police department for safekeeping.”...

hawk55732 06-21-2019 10:13 PM

Quote:

Originally Posted by Mr. Sockpuppet (Post 19598702)
It is not. Read the Florida statute.

Or better yet, read the article.

If that is the case then anyone could take anything of anyone's to the police and nothing would be wrong.

Is that what you are trying to say?

ActionJackson 06-21-2019 10:14 PM

The judge had no business depriving a man of self protection. The woman had no right to steal a person's private property. She was being vindictive and is probably the cause for the initial strife in the marriage to begin with. I've known women who would taunt and provoke their husbands to the point of driving them "up the wall." Glad she got arrested.

Harmless Drudge 06-21-2019 10:25 PM

Quote:

Originally Posted by hawk55732 (Post 19598712)
If that is the case then anyone could take anything of anyone's to the police and nothing would be wrong.

Is that what you are trying to say?

The central element of theft is the intent to deprive the lawful owner of their property. When you consider what it takes to get property back from the police, coupled with their intentional and unintentional propensity to misuse/damage/lose property, it is likely that he will never see his property again.

Yup, theft.

Burglary, too.

Helion 06-21-2019 10:28 PM

Beeleeve all wymyn!!!

Snyper708 06-21-2019 10:30 PM

Quote:

Originally Posted by Mr. Sockpuppet (Post 19598702)
It is not. Read the Florida statute.

Or better yet, read the article.

You're confusing a lawyer's BS double-talk with reality.
Taking guns that didn't belong to her is theft, regardless of her "intent".

Quote:

Courtney Irby went to her husband’s residence and located his two guns ― an assault rifle and a handgun ― and took them to Lakeland Police Department.
Quote:

Read the Florida statute.
You've yet to show the statute you think makes her actions legal.
It's not our job to hunt for your proof.

MOA1 06-21-2019 10:40 PM

She should of been arrested.

randolphrowzeebragg 06-21-2019 10:42 PM

Quote:

Originally Posted by ActionJackson (Post 19598716)
The judge had no business depriving a man of self protection. The woman had no right to steal a person's private property. She was being vindictive and is probably the cause for the initial strife in the marriage to begin with. I've known women who would taunt and provoke their husbands to the point of driving them "up the wall." Glad she got arrested.

Dang right. Nothing more vindictive than a woman whose man don't want her no more. That said, she could come and stay with me any old time. I'd have her mind right in no time.

justin22885 06-21-2019 10:46 PM

Quote:

Originally Posted by Mr. Sockpuppet (Post 19598702)
It is not. Read the Florida statute.

Or better yet, read the article.

if it was his property, she went there and took them into HER possession, thats still burglary.. if she knew he had guns illegally, she could have tole the police and they'd have gotten a search warrant, found them, collected them, and re-arrest him for violating his sentencing/probation or whatever that agreement was

do yourself a favor and stop reading huffington post

justin22885 06-21-2019 10:49 PM

Quote:

Originally Posted by ActionJackson (Post 19598716)
The judge had no business depriving a man of self protection. The woman had no right to steal a person's private property. She was being vindictive and is probably the cause for the initial strife in the marriage to begin with. I've known women who would taunt and provoke their husbands to the point of driving them "up the wall." Glad she got arrested.

normally, i would agree with this, but this was something he agreed to for his "pre trial release" which im guessing means bail.. he had the choice of remaining in custody until his trial and sentencing

TENNGRIZZ 06-21-2019 11:12 PM

Probably none of my concern 2 Darwin award winners.

justin22885 06-21-2019 11:20 PM

also, is there anything in the law that says his agreement with the judge that he not possess weapons while awaiting trial, that he must turn them over to police, and not to a family member or sell them?.. after all, he isn't even convicted, merely accused and given her actions, it makes me question if there is more to the story not being told here... if he truly did the things the article claims he did, a judge releasing him to await trial seems awfully odd

LuniticFringeInc 06-21-2019 11:24 PM

There is a right way and a wrong way to get his guns from him. She chose the wrong way...While she does indeed have rights he does too! Her intentions were good ands justified, but there is a right way to do in respect of the law and everyones rights.

hawk55732 06-21-2019 11:25 PM

Quote:

Originally Posted by justin22885 (Post 19598834)
also, is there anything in the law that says his agreement with the judge that he not possess weapons while awaiting trial, that he must turn them over to police, and not to a family member or sell them?.. after all, he isn't even convicted, merely accused and given her actions, it makes me question if there is more to the story not being told here... if he truly did the things the article claims he did, a judge releasing him to await trial seems awfully odd

He is the one that ran her off the road. Except for her stealing his firearms I'd side with her.

Ghost863 06-21-2019 11:36 PM

Quote:

Originally Posted by hawk55732 (Post 19598842)
He is the one that ran her off the road. Except for her stealing his firearms I'd side with her.

I also take issue that there was a restraining order and she went to his residence. Unfortunately in Florida, restraining orders are not both ways. If a woman gets one against a man and she approaches him, he goes to jail. The judge will be quick to tell you that she did not violate the restraining order, he did. Even if he is asleep in the middle of the night and she knocks on his door and he opens it and sees it is her, and then closes the door and calls the police, he goes to jail for being within 500 feet of her.



*** And I almost forgot, in Florida it is illegal to take a loaded firearm into a police station, the same as any federal building.

justin22885 06-21-2019 11:41 PM

Quote:

Originally Posted by hawk55732 (Post 19598842)
He is the one that ran her off the road. Except for her stealing his firearms I'd side with her.

allegedly, reading a different, and longer story, she says he tried to run her off the road, according to police her rear bumper had "minor" scratches on it, and the only damage they could find on his were very old

so could he have? sure, but that remains to be proven, and with her showing some very clear cut vengeful/vindictive behavior, that really weakens the case against him.. and now that the evidence of her committing a burglary is pretty substantial, she'll probably end up dropping charges against him to save herself a felony conviction because now theres a situation where if he gets convicted, he carries on with the charges against her and she does too

hawk55732 06-21-2019 11:42 PM

Quote:

Originally Posted by Ghost863 (Post 19598862)
I also take issue that there was a restraining order and she went to his residence. Unfortunately in Florida, restraining orders are not both ways. If a woman gets one against a man and she approaches him, he goes to jail. The judge will be quick to tell you that she did not violate the restraining order, he did. Even if he is asleep in the middle of the night and she knocks on his door and he opens it and sees it is her, and then closes the door and calls the police, he goes to jail for being within 500 feet of her.

My wife is from Fl. We new a couple where the ex wife got a restraining order and then did exactly what you stated and went to his house and tried to get him arrested. The judge ruled that since she felt safe enough to go to his house that the restraining order must not be necessary and had it removed.

I have no doubt that what you say has happened but I bet that is a stupid judge being stupid and not law.

Ghost863 06-21-2019 11:53 PM

Quote:

Originally Posted by hawk55732 (Post 19598874)
My wife is from Fl. We new a couple where the ex wife got a restraining order and then did exactly what you stated and went to his house and tried to get him arrested. The judge ruled that since she felt safe enough to go to his house that the restraining order must not be necessary and had it removed.

I have no doubt that what you say has happened but I bet that is a stupid judge being stupid and not law.

I don't know about the rest of Florida but I do know that in Polk county, the legal system (law enforcement, judges and lawyers) pretty much do what they want. All 4 of the county jails are owned by 13 people, 12 are judges and the 13th is our sheriff. So I feel it is a conflict of interest for them to administer "justice" especially in 1996 they charged the state $98.00 a day to house each inmate and it only cost $8.00 a day to house each inmate. not to mention the fines and court costs and now if you go to jail you even have to buy your underwear from the jail and cannot have any from the outside. The sheriff charges $8.00 a pair, and when you are taken to book in he charges you $150.00 for the nurse that just sits there and asks you question. I believe it is organized crime at it's finest, but that is just my opinion (and no I am not bashing on law enforcement in general, just telling how it is in the county in which I live)


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