Trumped-Up Terrorism Charges For Toy Rifle In West Virginia

BY Herschel Smith
12 years, 3 months ago

Some things are so far beyond belief that you couldn’t make them up even if you tried.  From West Virginia:

MARTINSBURG – A man wearing a ballistic vest and military camouflage, armed with a training rifle, two knives and several unloaded magazines, was arrested Monday morning after he was seen running in the area of two Martinsburg schools.

William Everett Alemar, 23, of South Raleigh Street, Martinsburg, was charged with committing a terrorist act and wearing body armor while committing a felony offense following the incident, which occurred on the first day of school for Berkeley County students. As of Monday, he was being held at Eastern Regional Jail on a $50,000 cash-only bond.

Alemar, who police said was a member of the military, later told police he was out running and jogging with his gear on, police said. His current military status is under police investigation.

No need to continue with the investigation.  Mr. Alemar is currently in Virginia National Guard’s Company B, 3rd Battalion, 116th Infantry Brigade Combat Team in Woodstock, Va., according to West Virginia National Guard spokesman Lt. Col. David Lester.  Continuing with the original report:

At about 7:17 a.m., the Martinsburg Police Department received several calls in regard to an individual running and carrying a rifle near the area of Bulldog Boulevard and Raleigh Street in Martinsburg, which is located near Martinsburg High School and South Middle School.

“One of our primary concerns was that he was sighted in the general proximity or area of the high school on Bulldog Boulevard and we also believe that’s what generated a lot of calls,” Lt. G.B. Swartwood said.

Officers responded to the scene and located Alemar near the intersection of Silver Lane and Raleigh Street. When Patrolman Michael Jones, Patrolman C.M. Richmond and Patrolman First Class Erik Herb encountered the individual, he was wearing full military desert camouflage and a ballistic vest. He also appeared to be armed with an assault rifle across his chest, which police subsequently determined was an AR-15 training rifle.

Now here’s the admirable part where the police demonstrate good muzzle and trigger discipline.

All three officers engaged Alemar at gunpoint and ordered him to his knees to be taken into custody.

“The subject was then ordered to lie prone on the ground and the officers secured his weapon, an AR-15(M-4) training rifle. The suspect also had two knives and several unloaded magazines, (and) his ballistic vest also contained ceramic panels to make it more bullet resistant,” a police news release said.

Swartwood said the training rifle Alemar was found with fires small pellet projectiles and not bullets, similar to an airsoft rifle. He said the rifle is used for training purposes, but looks exactly like a real AR-15.

“It’s heavy and it looks completely just like an AR-15 other than that red tip on it,” Swartwood said.

Alemar was handcuffed and brought to the Martinsburg Police Department. All of his accoutrements and camouflage were photographed upon his person and seized as potential evidence.

Uh huh.  Evidence.  Here is the picture.

Here is the result.

After consulting with the Berkeley County Prosecuting Attorney’s Office, Alemar was charged with “committing a terroristic act under 61-6-24 subsection (b) and subsection (d) of the West Virginia State Code,” police said.

“With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing,” Swartwood said.

He had an Airsoft gun.  It wasn’t a real weapon.  He had some empty magazines, and for some added weight he wore his body armor including his SAPI plates, like most Marines and Soldiers train.  Now he is facing terrorism charges.

I sometimes carry concealed and sometimes openly.  My home state is a traditional open carry state and has no stop and identify statute.  I am waiting on the Charlotte-Mecklenburg Police to stop and question me so that I can use it as an opportunity to educate them on the law.  Thus far I have only gotten them interested enough in me to wave and smile.  I guess they are well-trained, and I guess Berkeley County isn’t as civilized as Mecklenburg County.

But we wouldn’t want people to get away with thinking that all of that tactical gear is acceptable, especially those evil ARs (er, … toy guns).  After all, they look scary, have handles and stuff, shoot bullets that aren’t any good for anything except killing cops, fire bullets and grenades fully automatic machine gun style with ammunition that splits into a thousand pieces and homes in on its target with embedded television sensors, and have that shoulder thing that goes up.

I hope Alemar’s attorney bankrupts Berkeley county with a lawsuit.  I suppose if the police and prosecutors aren’t already humiliated by the circumstances, there isn’t much we can do about that.

UPDATE #1: A followup article outlines the steps that the prosecutor is taking against Alemar.  The idiot prosecutor is actually going to go through with this, making a joke of the very statutes under which real, honest-to-God terrorism would be prosecuted.  His attorney gives us the following update from the article.

“I mean he was jogging, so the last time I checked, there’s no jogging statute near schools, but I think everyone has to be cautious in this day and age. We understand the police response was appropriate, but the question is, was there a crime and, if so, is there an explanation for his state of mind? He doesn’t want to make any statements right now, but the family is helping us, along with him, to get the military records we need to make the proper assessment to confirm his military service and to confirm his deployment,” Mills said.

If convicted of the terrorism charge, Alemar faces one to three years in prison and a $500 to $25,000 fine. He faces two to 10 years in prison if convicted of wearing body armor while committing a felony offense.

He is too nice.  Let me state very explicitly that the response of the police was not appropriate.  Pointing their weapons at a man who was not in violation of any law is thuggish, and makes them appear to be uncivilized, country-boy hicks.  I sent a note to the police department ridiculing the lack of muzzle discipline of their officers, but am shocked that I still haven’t received a response.  Shocked.

As for the PTSD defense, this is ridiculous.  How about this as a defense: He didn’t break any laws.

UPDATE #2: Additional discussion at reddit/r/guns concerning charges of intoxication that the police department intends to trot out.  To me this is evidence that they have no case.

No comments yet.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Trumped-Up Terrorism Charges For Toy Rifle In West Virginia", entry #8945 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns,Second Amendment and was published August 21st, 2012 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (285)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (379)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,800)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,674)
Guns (2,340)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (41)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (981)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (687)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.