David Merrill Van Pelt

[wserra]

Van Pelt has made two more filings to this "miscellaneous" docket. Lawdog and Dezcad mentioned one above, but I can't access (or even see) the link the latter posted. And, ND, no one keeps a very close eye on "mc" cases, they are not automatically assigned to a DJ, and this stuff may well linger there for a while unnoticed.

The Colorado state judge before whom his 2004 warrant was returned has apparently directed him to appear for an outpatient competency examination next week (January 15). Part of this filing is the order with a handwritten "refused for cause" placed on it. The state judge entered the order on the motion of the prosecution, based on filings Van Pelt made in state court and his behavior there. As Dezcad points out, part of his second "mc" filing is an arrest warrant for the state judge.

David, I think it likely that you still read Quatloos, or at least this thread. You don't need this. You are turning a molehill into a mountain, an avalanche from which may yet strike you. Courts take things like fake arrest warrants for judges quite seriously. Moreover, if you do not show up for a court-ordered outpatient exam, you may find that the next one is in-patient.

If you want to post here to discuss this, I will police the answers you get. Although I (of course) can't give you legal advice, I invite you to PM me if you wish. I can tell you, though, that the best advice you can get is to listen to the lawyer whom the state court appointed for you.

[Demosthenes]

Assault sounds pretty serious.

Can someone tell me what a "Class 6 Felony" is?

[Demosthenes]

To be honest, I haven't been watching DMVP in at least a couple of years. Can someone fill me in on the big picture?

I see two state cases in the dockets. From what I can tell, David was arrested in 2008 for an outstanding 2004 arrest warrant for assault against an "at-risk" person. In 2008, it would also appear his 79 year old mom got a restraining order against him for domestic abuse.

This isn't amusing / stupid UCC stuff, so let's keep the usual VP bashing to a minimum, please.

Here's one:

Count Date Details
1 06/24/2004 Charges: At-risk Assault 3-Know/Reckless injury
Status: Main Charge
Statute: 18-6.5-103(3)(c);18-3-204
Class: F6 (Class 6 Felony)
BAC: 0
Arrest Date: 06/24/2004
Plea Date: 10/06/2008
Plea: Plea Not Guilty

1 n/a Charges: At-risk Adult/Juv/negligent bodily inj
Status: Arrest Only Charge
Statute: 18-6.5-103(2)(c)
Class: F6 (Class 6 Felony)
BAC: 0
Arrest Date: 06/24/2004

And here's the other:

Vanpelt, Louanne v. Vanpelt, David Merrill
Restraining Order Domestic Abu; C -Civil -County
Summary

Judge: Robin Lynn Chittum
Court: El Paso County Court
Division: N
EFiled: Y
Appealed: N
Case Closed Date: 08/26/2008

Case Status

Closed
Permanent Restraining Order Granted
Protected Adult
Restrained

Judge or Magistrate
Name BAR Number
Robin Lynn Chittum 27599

Agency
Agency Agency Case Tkt/Summons Nbr Arrest Nbr

Related Cases
Location Case Number Related Reason Name

Participants
Litigant Attorney
Vanpelt, Louanne
Plaintiff 1
Status: Protected Adult
DOB: 09/03/1929
Gender: Female
Race: Caucasian

Vanpelt, David Merrill
Defendant 1
Status: Restrained
DOB: 08/13/1958
Gender: Male
Race: Caucasian

Alias: Merrill, David
Alias: Vanpelt, David


Charges
Count Date Details

Scheduled Events
Date Time Details
08/19/2008 10:30 Temporary Restraining Ord Hrg
Room: N
Judge: Robert C Erler Jr
Status: Hearing Held
08/26/2008 8:30 Permanent Restraining Ord Hrg
Room: N
Judge: Dulce Denise Peacock
Status: Hearing Held

Proceedings
Date Code Description
08/19/2008 CTRO Complaint-TRO Domestic Abuse
08/19/2008 FOTH Filing Other
08/19/2008 TROG Temp Restraining Ord-Granted Protection Order Expiration Date: 08/26/2008
DEF/ Vanpelt, David Merrill
PTF/ Vanpelt, Louanne
08/22/2008 RSPO n/a
DEF/ Vanpelt, David Merrill
08/26/2008 TROV Temp Restraining Ord-Vacated
08/26/2008 MINC Minute Order (Print)
08/26/2008 PROG Perm Restraining Ord-Granted
DEF/ Vanpelt, David Merrill
PTF/ Vanpelt, Louanne
08/26/2008 RSPO n/a
08/26/2008 CLAD Case Closed
12/18/2008 FOTH Filing Other

Edit: Fixed David's mom's age.

[Demosthenes]

The CO Code Sections cited in the above dockets.

18-6.5-103. Crimes against at-risk adults and at-risk juveniles - classifications

(3)(c) Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk adult or an at-risk juvenile commits a class 6 felony.

18-3-204. Assault in the third degree

A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon.

18-6.5-103. Crimes against at-risk adults and at-risk juveniles - classifications

(2) Any person whose conduct amounts to criminal negligence, as defined in section 18-1-501 (3), commits:

(c) A class 6 felony if such negligence results in bodily injury to an at-risk adult or an at-risk juvenile.

[Demosthenes]

David's federal docket with document links to complete the record.

U.S. District Court
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:08-mc-00066-NONE

Merrill v. No Respondents Named
Assigned to: None
Date Filed: 11/17/2008
Petitioner
David Merrill represented by David Merrill
115 East Vermijo
#202
Colorado Springs, CO 80903
719-460-6129
PRO SE

V.

Respondent
No Respondents Named

Date Filed # Docket Text
11/17/2008 1 STATEMENT by Petitioner David Merrill. (Attachments: # 1 Receipt #COX014481 $39.00)(llk, ) (Entered: 11/18/2008)
http://www.cheatingfrenzy.com/vanpelt1.pdf
01/08/2009 2 (STATEMENT) Memorandum of Law by Petitioner David Merrill. (llk, ) (Entered: 01/08/2009)
http://www.cheatingfrenzy.com/vanpelt2.pdf
01/08/2009 3 Bill of Indictment and Certificate of Exigent Circumstances (LETTER to Wiley Young) by Petitioner David Merrill. (llk, ) (Entered: 01/08/2009)
http://www.cheatingfrenzy.com/vanpelt3.pdf

[David Merrill]

Told you so!

Thanks Wserra:

http://www.box.net/shared/static/dx6n6meiql.pdf
http://www.box.net/shared/static/uapu3roz3l.pdf
http://www.box.net/shared/static/ji0di35mj5.pdf

Best to get that out into the light. Keep an eye out for more on that.



Regards,

David Merrill.

[Doktor Avalanche]

Spousal abuse...

Yes, David, you've certainly shaped up to be a fine specimen of humanity to behold.

[Lambkin]

Spousal abuse and child endangerment...

Am I confused? I thought mom was the "at-risk adult" in the charges. Did I miss a child-spouse in there somewhere?

[Doktor Avalanche]

Spousal abuse and child endangerment...

Am I confused? I thought mom was the "at-risk adult" in the charges. Did I miss a child-spouse in there somewhere?

You're right - that'll teach me to read more carefully.

I fixed it.

[notorial dissent]

Without going too much deeper in to the matter, it is quite true that this has passed out of the usual garden variety silliness into the realm of big bad mess.

Without commenting on what VP may or may not have done, having no personal knowledge there being no point, what I do know is that Colorado judges take several things VERY seriously, any kind of contempt-at least that they can’t ignore, bench warrant jumping, and anything having to do with “at-risk adults or juveniles” is a hot button item any time. Spousal abuse, so so depending on the judge and the district. The kicker here is that the “at-risk adults” rider tied to the charges ups the jail time, seriously. The only thing that would add further to it would be as “a person of trust or authority”.

What I can tell from what has been presented, is that VP apparently ignored a trial date back in ‘04, earned himself a bench warrant for failure to appear, finally managed to get himself arrested in ‘08 who knows why or how, got hauled in front of a judge where he was neither cooperative nor coherent, got a needed PD assigned to keep him from digging his dungeon any deeper, fired the PD, proceeded to argue with the judge, and then later filed a collection of his “magic” documents, which got the attention of the appropriate parties and earned him a psych evaluation, which will not help in any way at all. The next act will be determined by whether he actually shows up for the eval in the first place, and what the examiner determines from the evaluation and then forwards to the court. The following act will go one of two ways, he is either scheduled for a competency hearing and an extended stay at the Pueblo resort, or he will be scheduled for trial, where, all things considered, he is looking at some possibly serious jail time.

No, this is not even remotely funny, but is tragic and will not end well unless VP shuts up, lets his PD do the best he can to bail out the nearly sunken canoe, and finally gets the medical help he needs. No, not funny at all.

[Demosthenes]

Where is everyone seeing charges involving a spouse? All I see are references to his 79 year old mom.

Edit: Correct age of mom.

[Demosthenes]

Told you so!

Thanks Wserra:

http://www.box.net/shared/static/dx6n6meiql.pdf
http://www.box.net/shared/static/uapu3roz3l.pdf
http://www.box.net/shared/static/ji0di35mj5.pdf

Best to get that out into the light. Keep an eye out for more on that.



Regards,

David Merrill.

Your federal docket and documents were already posted here, along with your state case dockets:

viewtopic.php?f=11&t=3607

[David Merrill]

Thank you too?

[wserra]

You're welcome, David.

I spent a good part of my career extricating (or at least attempting to extricate) people from messes of their own making. It appears from the docket that you began this one by not appearing in 2004. If that is in fact what happened, your speedy trial protestations will likely be unavailing, since you were the one who failed to appear. Should Colorado have tried you in absentia? You were fortunate to receive another chance to appear voluntarily. You are now ordered to appear voluntarily for a competency examination. If you do not appear, that will be the second time in one case that you have failed to appear when directed to do so. Most people don't get a third chance, even on minor charges.

It does not seem as though Colorado is treating this case as though it were the Lindbergh kidnapping. All that your flailing will likely do, though, is to convince them to take it more seriously. No judge wants to make the headlines for releasing someone who proves to be violent - not that you are, but that is the charge. If you go along with the court, nothing too bad is likely to happen. If you don't, you maximize your own risk.

You're an adult. It's up to you.

[Demosthenes]

Her date of birth is given as 9/3/1929,

Argh. I need new contacts. I saw the 9 as a 4.

By the way, Demo, can you post a link to where you got the restraining order data?

I did a search on the Co State Court website and two dockets came up. Warning, it's $6 per case search and they list him as Vanpelt, not Van Pelt (an expensive difference.)

https://www.cocourts.com/

[fortinbras]

Demo, you've done all of us a real service by getting this information!

[Doktor Avalanche]

Where is everyone seeing charges involving a spouse? All I see are references to his 84 year mom.

That would be my bad. I thought it was his ex-wife. I really need to get my eyes checked, too.

So it's elder abuse, is it? Wow, Davey, you're just batting a thousand. Congratulations - you've just affirmed my lowest opinion of you yet.

[Nikki]

Does this mean his allowance might be cut off?

[Doktor Avalanche]

Does this mean his allowance might be cut off?

Damn, Nikki...

[David Merrill]

If you guys were onto something then chief judge SAMELSON wouldn't be falsifying the Register of Action now, would he?