Georgia vs McOwen - IT'S OVER FOLKS!

DanC

Diamond Member
Jun 2, 2000
5,553
0
0
The nightmare is over for David McOwen and we have reached the conclusion of ?The State of Georgia vs. David McOwen? travesty.

Was it a magnanimous gesture on the part of the Georgia Attorney General's office? An edict from the Governor? Did they come to their senses and dismiss along with profuse apologies?

Of course not. When has anyone known the government to admit that they were wrong?

We would be remiss in pointing out that there are probably a lot of really good people in the organizations involved with this case. People that are upright, fair, and just about the way they go about their official duties. It?s debatable whether David encountered any of them in his sojourn through the justice system. That would probably be a matter of opinion.

From our perspective, this case was worthless from day one. It was an incredibly inept application of a lousy statute in some bizarre, Orwellian attempt to crucify a geek for some incomprehensible reason.

Officials apparently realized that violating their own law probably didn?t make them look like the sharpest pencils in the box either. There is also the matter of the GCSPA being taken up in the upcoming legislative session. Even the lawmakers had enough sense to see they screwed up.

David was offered, and accepted a plea agreement. You'll note we do not use the term "bargain", because in reality this is far from a bargain.

Under the provisions of the ?first offender act?:

David will have to do 80 hours of community service. At David?s level of expertise, that?s roughly worth $7,000 give-or-take.

David will be given 8 one-year probationary periods ? to run concurrently. David will have to report to a probation officer 1 time per month for the entire 12 month period

David will be made to pay $2,100 in ?restitution.?

And don?t forget that this is on top of being fired from DeKalb Tech, and from Cingular Wireless. Add to that the legal fees, and harassment from a couple of real creeps. He?s certainly suffered plenty. As near as can be estimated, his costs exceed $25,000 ? and climbing. Pretty stiff penalties for someone who did no damage.

On the bright side, Once this is all completed -- David will have no felony record. David will have no misdemeanor record. In other words - It's all over. And in fairness, at least this resolution will make the case "adjudicated." This is actually preferable to plain, old dismissal in that it can never be dredged up again, under the provisions prohibiting double jeopardy, but it falls far short of a dismissal with prejudice. The community service and fine are an entirely unnecessary slap in the face.

For whatever it?s worth ? they came to the right conclusion. Our next plan was to involve FIJA (Fully Informed Jury Association) and make darned sure that not a single juror could be found that didn?t know that it was his/her absolute right to judge the law, complete with a critical analysis of the law and why it was unconstitutional.

The EFF (Electronic Frontier Foundation) had just tossed in its rather large, ominous hat into the ring, and points out that David would likely have won at trial. This is of course is one big reason he was cut any slack at all.

In the immortal words of Kenny Rogers in ?The Gambler:? ?You gotta know when to hold ?em, know when to fold ?em...? The ?Cyber-sting? and the EFF trump card hit the table at roughly the same time, and they folded at that point. Thanks Lee Tien, and all at the EFF. Your presence alone spoke volumes.

Is there a lesson in this? We?d think so. For our younger readers who may be swayed by the fluffy ?love your government? messages coming across the airwaves...

To be a patriot ? is to be true to oneself, and one?s brethren in the land you call home. It is important to remember that the Constitution was NOT written to protect government from the people. It was written to protect the people from government. When government ceases to reflect the attitudes and culture of the society it seeks to govern, it is not only your right, but your DUTY to correct them.

Let there be a lesson in this for both sides.

For the citizens:

You hold the highest office in the land. Everyone in government serves YOU. That?s the reason you pay taxes ? to pay THEM. Use your voice, and use your VOTE. Let?s take a hard critical look at who we are appointing to act in our behalf.

Hold your elected officials to task. Tell them to start REPEALING laws instead of constantly adding new ones. Politics is about votes and money. If a knee-jerk reaction to some specific incident can get enough press to gain votes ? they jump all over it, and write a new law. Those hastily-written edicts are often shoved through the process granting absolute prosecutorial discretion to the government.

This law is a glaring example of just that. Total discretion. That?s not a good thing, folks.

Get involved in your government locally. Ask the hard questions, hold them to task. This land belongs to citizens! If enough people are willing to speak up, things change.

Just say NO to stupid laws!

For the government:

The pen may be mightier than the sword, but a keyboard ?rulez.?

So what did we learn in all this?

A. For God?s sake... Get permission in writing, signed in blood (DNA evidence will be conclusive enough to prove it REALLY was your boss that signed it) to conduct any activity at a place of higher learning that may involve unused resources ? or anywhere else for that matter.
B. It?s O.K. to violate the law if you?re on the Board of Directors of an institution.
C. It?s O.K. to violate the law if you?re enforcing it.
D. An overzealous prosecutor can destroy a man at a whim, without even a hint of concern for whether it is "just" ? and can just go right on his/her merry way.
E. The ?justice system? appears to trample the law as a matter of course. exitus acta probat?

What do we hope ?they? learned from this?

A. Anything. We wish them a speedy journey to enlightenment. It?s painfully apparent they are nowhere near the destination.

[edit:]
Now that the mainstream media is beginning to pick up on the story, the PR representative is telling reporters that the AG's office was offering this "deal" from the beginning. Not only is that a complete lie -- but a complete insult to David Joyner - Dave's Attorney. It also suggests that Joyner was gouging for fees. Sounds like a dandy Bar Association complaint, if not a civil suit.

Between you, me, and the fencepost - I'm betting that this thing isn't over yet for some people. :|
Just when we thought they may have grown a brain... they come back with something so utterly predictable that it's not even funny.
These people are incredibly linear in what passes for "thinking."

Charlie Daniels wasn't far off in his description...
 

conjur

No Lifer
Jun 7, 2001
58,686
3
0
Truly sad and disgusting what happened to David through no fault of his own.

But, in the words of Tim Krekel and the Groovebillys (singing a song I'm listening to right now),

"Everything's gonna be alright"

Hang in there David! We're all behind you 100%!
 

Robor

Elite Member
Oct 9, 1999
16,979
0
76
Thanks for the info. Although I think these charges were Bullspit, I'm glad David has an end to this nonsense.
 

micron

Diamond Member
Oct 9, 1999
7,228
0
0
W:QW, I don't know what to say! Congrats Dave!



<< The pen may be mightier than the sword, but a keyboard ?rulez.? >>

 

Smoke

Distributed Computing Elite Member
Jan 3, 2001
12,649
198
106
Great work, DanC. All are to be commended on the great effort that was put forth.
 

Engineer

Elite Member
Oct 9, 1999
39,234
701
126


While the smilies above don't represent what I wanted to happen to David, the do represent what could have happened vs. what did happen. This is the best dang news I could have heard all day!

Thank God !!!

David, I hope that you can go about picking up your life and go to normalcy and If there is anything I can do, let me know!

Thanks to you DanC and all the others that have worked so tirelessly on this for David and Donna...you guys are fantastic...

I'm going home right now, but it is with a sense of excitement that I've not had for some time....

Yiiiiiipppppppppppppeeeeeeeeeeeeeeeeeeeee!

It's over...it's finally over.....
 

Clueless

Senior member
Oct 9, 1999
384
0
0
Hallelujah! I'm still very sorry that this had to happen to you in the first place David and that justice was not quite 100% served. But at least it's over now. Congratulations!!!
 

Russ

Lifer
Oct 9, 1999
21,093
3
0
Not a perfect victory to be sure, but a modicum of justice has prevailed. Thank God for David and his family that the nightmarish prospect of prison is over. He and his wife hung tough, kept their chins up and their chests out through it all, and can now begin the process of rebuilding. The saddest thing is that this never should have happened in the first place.

Russ, NCNE
 

Crazee

Elite Member
Nov 20, 2001
5,736
0
76
I am glad that part of this is behind him, but we as a TeAm need to remember that David still needs us!

He is still going to have expenses related to this and he will need our help and support to get his life back to normal again.
I know that this TeAm will respond and help where we can

Great work DanC and all others who assisted in the efforts to clear David!

I would have liked to have seen them let out of this totally, but unfortunately they just aren't reasonable people!

Congrats to David for some peace of mind!
 

Tarca

Platinum Member
Sep 6, 2001
2,200
0
0
This is great NEWS! I am happy for you Dave. I think it sucks that did not let you go scott free though.

Don't forget.. Let me know if you need anything, your only a half hour away.


-Tarca
 

Wiz

Diamond Member
Feb 5, 2000
6,459
16
81
Thank the Lord for even small miracles!!! What a relief this must be.
 

medic

Diamond Member
Oct 9, 1999
5,160
0
0
WOW...three days ago I said to Donna (David's wife)

Keep the faith, your health and your spirits up! Much better times are ahead!


I am so glad it really happened, and not because of my feelings that this would happen, but mostly due to the incredible effort by David, his family, his supporters and all who believed in him, to fight this attempted miscarriage of justice.

To David & Family...

Take some time to recover, take a break and maybe a vacation as well. You all deserve it!

(you too Dan!)
 

IndyJaws

Golden Member
Nov 24, 2000
1,931
1
81
That's the best news I've heard all day.

Believe me, there's no one here that wouldn't have loved for Dave to have gone to court and been acquitted, quite possibly resulting in a counter-suit by Dave. Short of that, however, it's as close a victory as can be hoped for.

Bless you, Dave, and your family. Bad dreams might continue for a while, but the nightmare is over.
 

narzy

Elite Member
Feb 26, 2000
7,007
1
81
DAMN! I wanted dave to win millions! my q is why fold? specially now? I know he's in the tank as money is concerned but...he had GA by the balls! ahh well. hope thrubie is happy he'll never get re elected!
 

Logix

Diamond Member
Jul 26, 2001
3,627
0
0
That's great news. The nightmare, relatively speaking, is finally over. Even if it's not a total victory, it's about a million times better than what they could have done.

Good luck in your future endeavors and in returning your life to a sense of normalcy.
 

Shuxclams

Diamond Member
Oct 10, 1999
9,286
15
81
Great news, kinda, best wishes to the Mcowans for a speedy recovery to a normal life.









SHUX
 

OhioDude

Diamond Member
Apr 23, 2001
4,223
0
0
Thank God it's nearly over.

God bless you David and Donna. I hope that in time, the wounds heal and your lives will return to some semblance of normalcy.

Thurbert, you may want to get an early start moving your stuff out of your office. I doubt you'll be occupying that space following the next election.

Dan, thank you.
 

MereMortal

Golden Member
Oct 16, 2000
1,919
2
81
Best wishes to Dave and his family.

I am waiting for a funds transfer to become available in PayPal, and then I will send along a contribution from the Freedom Fighters (hopefully tomorrow night).

-MM
 

mechBgon

Super Moderator<br>Elite Member
Oct 31, 1999
30,699
1
0


<< The pen may be mightier than the sword, but a keyboard ?rulez.? >>



I'll drink to that! /me gets coffee mug! Here's to David and Donna, and everyone who helped them through their nightmare. To their happier future...
 

Confused

Elite Member
Nov 13, 2000
14,166
0
0
I'm so glad that it's all over, but i'm a bit sorry that Dave didn't get a chance to fully show them f00ls who was wrong!

Congratulations to everyone who helped David with donations, or any other means.

If i had any money, or a PayPal account etc, then i would have sent it, and i will do if i get some in the near future

To Dave and Donna, you have been put through something that nobody deserves (not even those scum at the Georgian Govt.). I do not know how i would cope if i was put through the same situation, so i commend you. I feel that you are so lucky to have so many great friends here and AnandTech who have helped you through the tough times so far. I know that there are still tough times to come, and i can guarantee on behalf of all of the people here, that we here will always be here for you, and will be willing to help you out.

It is far from over, it is just the beginning of the next chapter in this nightmare, and we will all help you get through it and wake up to a fresh, crisp Spring morning

Take care both of you.

Garry
(ConfusedBW)
 

Robor

Elite Member
Oct 9, 1999
16,979
0
76
"The saddest thing is that this never should have happened in the first place." - Russ

That's exactly how I feel... :|
 
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