Mr. Beautiful is Back on the Street

By: Bill Whaley
7 August, 2013

Hi Jeff: We're Here for the Signs

Hi Jeff: We’re Here for the Signs

None Dare Call it Friction: Satire

According to a press release from town hall, Mr. Amos Cohn will replace Rudy Perea, the last planning department employee, terminated last Friday. Mr. Cohn has been tapped to enforce the sign code regulations. As a private contractor and experienced wrecker, Mr. Cohn, a gifted public citizen, is pictured taking charge. He has been nominated for an honorary membership in the Garden Club, made an ex-officio town council member, and is an  honorary police cadet. He’s also a member of the junk yard dog protection society.

“We couldn’t get Northrup convicted in muni court,” said the Detroit mouthpiece from his midtown department of town legal affairs. “Let Amos do it. The Mayor wants to cut to the chase. Chase that Gringo right out of town.”

 

Let Me Help The Guys

Let Me Help The Guys

 

There's More Over Here

There’s More Over Here

 

Let's Roll 'em

Let’s Roll ’em

 

 

Pretty Good Haul

Pretty Good Haul

 

 

OFFICE OF THE DISTRICT ATTORNEY

EIGHTH JUDICIAL  DISTRICT STATE OF NEW MEXICO

 

 

DONALD GALLEGOS

District Attorney

 

June 26, 2013

Jeff Northrup

925A Paseo del Pueblo Sur Taos, NM 87571

Re: incident that occurred on March 2, 2013/Amos Cohn Dear Mr. Northrup:

I have reviewed the case involving Mr. Cohn’s alleged aggravated assault against you on March 2, 2013. I had spoken earlier with my chief deputy, Daniel Romero, before you contacted me about reviewing this. Daniel had explained to me the information he had reviewed and the conclusions he had come up with. At that time, Daniel explained to me that the felony · aggravated assault is not supported by the evidence because, as he pointed out, you had placed yourself in front of the suspect vehicle. When I met with you, you insisted that Mr. Cohn was trying to run over you.

With that background, I reviewed the case file on today’s date. I reviewed the police reports and viewed the video that you had taken of the incident. I also reviewed the statements that were contained in the police investigation. I was particularly interested in any information that would show that Mr. Cohn intended to commit a battery upon you with his truck. In addition, not only would I have to find that information, it would have to meet the burden of proof that the state is required to show should the matter go to a jury trial.

 

I’m sure you’re aware that the burden of proof is beyond a reasonable doubt. Therefore, my analysis consists of two prongs: 1) whether there is evidence to show probable cause that Mr. Cohn intended to commit a battery upon you with his truck; and 2) whether there is evidence beyond a reasonable doubt to prove that Mr. Cohn intended to commit a battery upon you with this truck. Although there may be evidence to show probable cause to charge a crime, that does not necessarily mean that there is evidence to present to a jury with the likelihood of a verdict of guilty. As prosecutors, we have to be able to meet both prongs of the analysis before we can go forward with the case. Since the process is created by humans and run by humans, it is not always perfect but it is the best considering other systems that exist in other parts of the world.

The evidence shows that Mr. Cohn and others were removing your signs from the highway right­ of-way. The evidence by way of the video also shows that you advanced towards the truck and the truck was moving towards you at same time. The video shows that you are backing up as the truck is moving forward. This certainly caught my attention as it is arguable that Mr. Cohn knew you were in front of him and he made no attempt to stop his truck. By the same token, it is certainly arguable that you knew that there was a moving vehicle in what would be considered the roadway and you did not get out of the way. In fact, you made a statement to the police that you placed yourself in front of the vehicle.

 

So, if this were to become a prosecution and wind up as a jury trial, I would have to have an adequate explanation for why you placed yourself in a zone of danger. funderstand that you wanted to stop Mr. Cohn from taking your signs, but the defense would surely argue that the only safe role you had would have been to pick up information such as license plate, description, etc. I have thought about how to frame the argument to show that the only intent Mr. Cohn had was to commit a battery upon you with his truck. I cannot come up with a plausible argument to ask a jury to find him guilty of aggravated assault. I have reviewed the cases that have decided issues regarding aggravated assault an I do not find anything that is instructive or that would encourage me to pursue the charge. I am pretty confident in my feeling that should this case go to a jury trial, at least one juror will argue that you placed yourself in harm’s way. And it only takes one juror agreeing with the defense to result in an acquittal. Based on this, I do not believe that I could sustain my burden at a jury trial.

I am therefore agreeing with Daniel’s analysis and am declining to pursue aggravated assault charges against Mr. Cohn. You are free to contact the Attorney General’s office should you wish them to review the matter. They may decide to look at it or they may decide to agree with my conclusions. I do not control what they do or how they evaluate a case but I will cooperate with them and provide them all the information that they require should they wish to look into it.

I recognize that you are very dedicated to providing information to the public that you believe is necessary. I know that this is protected by our Constitution and I’m glad that we have those protections. Unfortunately, speaking out usually means that difficulties and confrontations will result. I cannot say that I agree with your messages but as is often stated, I am willing to defend to the death your right to convey those messages. I also urge you to conduct your public information quest in a way that will be conducive to your personal safety and the safety of the public by all means possible.

Finally, I believe that there is evidence to charge Mr. Cohn and prosecute him with misdemeanor assault. That should be referred back to the police agency and taken care of in Municipal Court. I believe that the charges that the municipal judge threw out dealt with the signs, not Mr. Cohn’s conduct towards you.

I apologize for the delay in getting back to you but my Raton office has been without attorneys and I have had other obligations that have gotten in the way. I appreciate your patience.

Sincerely,

Donald Gallegos District Attorney

 cc:  Chief Ken Koch, TPD

Wanted: 5' 6", 140 lbs. 66 yrs. old

Wanted: 5′ 6″, 140 lbs. 66 yrs. old

The Most Dangerous Game.  Barack Obama doesn’t have Fast Eddie Snowden to kick around anymore but Mayor Cordova’s Enforcers still have Jeff Northrup to beat down like a rag doll. On Sunday, a musician, scheduled to play at Casa Los Cordovas, pummeled the man’s head like a volleyball on the hard asphalt parking lot and ripped the camera from the protester’s neck. Can anyone say, “Elder Abuse?” (The Photo of Northrup was snapped by David Leal Cortez.)

But the Copy Man don’t scare. He’s got a rabbit’s foot in his back pocket. See the bruises on his face and knuckles? Eh? He was down on the ambulance gurney, down for the count at Holy Cross but his corner man taped up the broken kuckles, busted skin and sent him back out to finish the job. He ain’t done yet. Maybe you’ve seen Rocky, maybe Billy Jack, maybe Walking Tall. But you ain’t seen many folks walking tall despite the odds. He’s Jeff Northrup, Sign Man!

Category: News, Political Satire, Politics, Que Pasa? | RSS 2.0 Responses are currently closed, but you can trackback from your own site.

No Comments

Comments are closed.