100% Fed Up shared that last week, three Michigan judges on the MI Court of Appeals threw out the most horrific cases of injustice.
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Lucas Gerhard (21) is a former law enforcement major. He was supposed to celebrate his graduation in Sault St. Marie, MI, in the criminal justice field and search for a workplace as a police officer. But, instead of this, he is in his father’s home with an ankle bracelet.
He hasn’t got a criminal record.
During his trial, the prosecutor attempted to paint Lucas as a threat to the school community, claiming that he had numerous “contacts” with Law Enforcement at LSSU.
“Lucas’s father explained: “The so-called ‘contacts’ were made as a result of more anonymous calls to LSSU public safety, and an incident where Lucas’s car was vandalized and his rear window smashed out! Not a single one of those was what can be considered a negative or derogatory incident. An example of one incident where a call was made was when Lucas was in his OCSO cadet uniform and carrying a bag of police training gear across campus to his communications class, where he was giving a speech in law enforcement methods. The call was made as soon as he exited his dorm. The police were told by the caller that they felt threatened by seeing Lucas when they saw him carrying riot gear. Note that LSSU is a school where a large majority of students are Criminal Justice majors! But Sault St. Marie police officers responded and pulled Lucas out of the classroom WHILE HE WAS GIVING HIS SPEECH to question him. His professor came out and told the officers that Lucas’s speech was pre-approved and the props he brought. The report noted that his explanation was accepted, and no further action was taken. I might add that every other time something like this happened, the result was the same. No action was taken, either from Law Enforcement or the College. The level of harassment Lucas endured there was astonishing.”
He was an unashamed conservative student, and I guess that’s his crime.
This is among the most remarkable cases of injustice. It’s about two intolerant students who, with the police help, can cancel a young man’s life at the same time when they broke the First and Second Amendment Rights.
Adam de Angeli was the legislative director for State Representative John Reilly when he had a phone call with Marine Corps Colonel Mark Gerhard, the student’s father. Gerhard’s son was in jail because of a Snapchat joke.
While away from college, Lucas saved money and bought an AR-15. He shared a video to the Snapchat group:
“Takin’ this bad boy up. This outta make the snowflakes melt. aye? And I mean snowflakes as in snow,”
Two liberal colleagues saw this snap and took a screenshot, calling the police to report him. The father shared that one of the students reported his image because they had contrary political views with Lucas.
One of Lucas’s friends told him that this message could not be understood in the proper context, so another snap followed, which indicated that it wasn’t a threat.
Read the private conversation between Lucas and his friend.
Now, this is a copy of his clarification on the previous Snap.
Once he returned to school, he checked his gun and ammunition with the Uni. Campus safety. Later, the Sault St. Marie Police and Campus Safety officers visited Lucas. They took him to interrogation into his room, where he had NEVER READ HIS MIRANDA RIGHTS.
Lucas didn’t have the intention to harm anyone. However, the following day he was charged and arrested for making a terrorist threat.
“I was in disbelief. I couldn’t believe the prosecutor had actually decided to press charges,” Retired Col. Mark Gerhard said,” explaining that if school officials thought his son was a threat, they would have asked police to speak with him sooner.”
In the hearing, the prosecutor turned on one 8-minute video of the 2019 shooting in Christ Church, New Zealand, so she wanted to link it to Lucas.
“As a Marine, I’ve been exposed to some incredibly traumatic events [to include combat], and even so, it was entirely sickening watching the violent video. It was one of the most horrifying things I’ve ever seen in my life. The point of a tether is to prevent someone from fleeing bond. How the prosecutor was allowed to play this for seven or eight minutes, without any real contextual value linking the reasoning as to why Lucas should remain tethered, was both mystifying and disturbing,” Col. Gerhard said to Big League Politics. “I feel it was borderline unethical and certainly inappropriate for the prosecutor to introduce something so inflammatory, knowing full well the Judge would not know the basics of how and where it was derived from,” he added.
Lucas has Diabetes type 1, had to spend 83 days In jail before his father obtained a bracelet. The dad said that he could die a couple of times in prison because of improper care. Once he was out of jail, he was sentenced to house arrest. The house arrest costs $500 per month.
Lucas cannot attend school, use a net, or leave home. The father said: “COVID lockdowns have been hard enough on kids,”
His dad talked to the TGP about the experience with his son’s life in jail due to an unjust legal system.
“I immediately realized the issue wasn’t the law but its gross misappropriation. So I reached out to Mark and, on my own private time, helped him in every way I could, including creating the GoFundMe, which, so far, has raised over $78,000 of the $90,000 goal.” Adam de Angeli shared.
Jonathan Turley took this case and reported it on his website.
A former eagle scout, Gerhard found himself under arrest with a $250,000 bond and a 20-year potential sentence. He also has Type 1 Diabetes, requiring glucose levels monitored as well as prescription insulin.
I fail to see the basis for the criminal charge or how any prosecutor could have signed off on the charges. The current provision states
“Sec. 543m. (1) A person is guilty of making a terrorist threat or of making a false report of terrorism if the person does either of the following:
(a) Threatens to commit an act of terrorism and communicates the threat to any other person.
(b) Knowingly makes a false report of an act of terrorism and communicates the false report to any other person, knowing the report is false.
(2) It is not a defense to a prosecution under this section that the defendant did not have the intent or capability of committing the act of terrorism.
(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.”
The proposal states, “The statement would cause a reasonable person to conclude that it was meant to threaten the person who heard the statement, or another person close in physical proximity to the person who hears the statement, with violence or damage to substantial property.”
The greatest problem, however, is a complete breakdown of discretionary authority by police and prosecutors. Everyone seems to have failed at every stage in recognizing that this was not a criminal case. Notably, it does not appear that the school itself concluded that Gerhard was a threat. More importantly, nothing in the posting clearly states a threat.
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