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NEC
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To my friends, co-workers, and acquaintences

Categories: NEC

To my church family, friends, co-workers, and acquaintances:

On January 29, 2009, I left home to go to work as I normally do five days a week.  That particular day, I needed my laptop at work, so I took it with me.  On the way to work, I stopped at the Clark County Regional Justice Center to take care of a routine traffic citation.  I didn't want to leave my laptop in the car for fear of it being stolen, so I took it with me (in the case).  When I went through security at the courthouse, I was immediately arrested.  I had forgotten about a handgun I had slipped into a front pocket of the case some time before that date.  I was charged with carrying a concealed weapon, a felony.

The state made an offer: if I plead guilty, pay a $500 fine, and forfeit the handgun, the state would reduce the charge to a gross misdemeanor.  I declined the offer because I am not a criminal, I have never been a criminal, I have no intention of ever becoming a criminal, and I will not voluntarily agree to be labeled a criminal.

My defense is simple - the truth.  I plan to testify, tell the truth, explain what I did, and why I did it.

"To constitute crime there must be unity of act and intent.  In every crime or public offense there must exist a union, or joint operation of act and intention, or criminal negligence."

Nevada Revised Statute 193.190

In my case, there was no intent and no criminal negligence; therefore, there was no crime.  And since there was no crime, I cannot be found guilty.

If I can get a fair trial, I expect to be acquitted.  But if I am convicted, I would expect probation, and no prison time.  However, I know our judicial system is often unpredictable.  If, after September 20, I am no longer appearing at places I regularly appear - Mountain View Church, Centaur Art Galleries, Starmasters Toastmasters, etc. - you will at least have some idea of where I might be.

I am indebted to my boss, Richard C. Perry, for his unwaivering support; to the pastors of Mountain View Church for their spiritual support and advice; and to my wife, Liya, and our daughter, Mariya, for accepting my faults and occasional memory lapses, and for understanding that the actions that led up to my arrest were actually taken in the interest of their own safety (that will be explained at the trial).

I would ask that you pray, not for me, but for Liya and Mariya.  While Liya and Mariya are on the verge of becoming U.S. citizens, they are still relatively new residents in a strange, new land.  In the event I am sentenced to prison, they will need all the support they can get.

As for me, I have survived through my life's many adventures far more than I could describe, and I have no doubt that I will continue to survive.  I know God has a plan for me, and I'm honored to be a part of it.  If that plan involves prison, I will gladly go (it certainly beats three days in the belly of a great fish!).

"...[I will] be strong in the Lord and in his mighty power.  [I will] put on the full armor of God so that [I] can take [my] stand against the devil's schemes.  For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms.  Therefore [I will] put on the full armor of God, so that when the day of evil comes, [I] may be able to stand [my] ground, and after [I] have done everything, to stand.  [I will] stand firm then, with the belt of truth buckled around [my] waist, with the breastplate of righteousness in place, and with [my] feet fitted with the readiness that comes from the gospel of peace.  In addition to all this, [I will] take up the shield of faith, with which [I] can extinguish all the flaming arrows of the evil one.  [I will] Take the helmet of salvation and the sword of the Spirit, which is the word of God.

Ephesians 6: 10-17 (NIV)

If you know me, and you believe in me, I would ask that you stand with me, at least in spirit.

If you are interested in attending the trial to show your support, it is scheduled for September 20, 2010 at 9:00 am in Department 9 of the Eighth Judicial District Court in the Clark County Regional Justice Center, 200 East Lewis Street, Las Vegas.

If you are interested in testifying at the trial, I appreciate your desire to help, but I don't think it would be allowed since none of you have played any role in this case.  However, if I am convicted, I do believe your testimony would be allowed in the sentencing portion.  I would expect that to be a separate hearing held on a date following the trial.

If you do plan to attend any portion of the proceedings, please visit this page before you make the trek downtown.  Things can change very quickly, and I will post updates at the bottom of this page as soon as I can.

Thank you all very much for your prayers and support.

 

   Sincerely,

   Jonas Maxwell


UPDATES:

September 14, 2010 - In the District Court's online "Register of Actions", it appears that there was a "Motion to Continue Trial Date" on September 1 and again on September 13.  From my limited knowledge of law, that means someone asked the court to postpone the trial until a later date.  There are no details.  I'll appear tomorrow morning for the "calendar call", and I hope to find out more about this (but I'm not holding my breath - it may be nothing).

September 15, 2010 - At today's "calendar call", I was informed that I had a new lawyer from the public defender's office.  The trial date was "vacated" (i.e., scrapped, nixed, postponed, crossed off the calendar) and a "status check" is scheduled for September 29, 2010 at 9:00 am.  This is to give my new lawyer a chance to meet with me and negotiate.

September 20, 2010 - Trial postponed.

September 29, 2010 9:00 am - Status check.

April 4, 2011 9:00 am - Status check.  Rescheduled for April 5, 2011 8:30 am.

April 5, 2011 8:30 am - Judge James M. Bixler of the Eighth Judicial District Court dismissed the charge.  Case closed.


User Comments:
Dacyl - Nov 11, 2010 08:27:43 — Keeping you in my prayers!
Jonas - Nov 11, 2010 09:30:24 — Thanks much!

"If you can't say something nice, let's hear it!"   — Joan Rivers

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