Ty Robben WINS – Carson City DA LOSES: Judge reverses trumped-up “breach-of-peace” conviction for Ty Robben who attempted to serve a subpoena to former NDOT Director Susan Martinovich

ty robben charges dismissedReno Judge Charles McGee reversed trumped-up “breach-of-peace” conviction for Ty Robben who attempted to serve a subpoena to former NDOT Director Susan Martinovich who clearly evaded service when she left the NDOT building through the back door and took a decoy car driven by NDOT employees to the Smith’s grocery store in Carson City, NV.

The order issued Wednesday July 09, 2014 also appears to render the Carson City District Attorney’s attempt to reinstate other dismissed charges including Libel, Intimidation and Stalking as well as Solicitation of MURDER against corrupt Carson City Judge John Tatro as moot.

The “contempt of court” conviction should also be rendered moot and reversed too since corrupt Judge Tatro’s order was illegal and void of any law or due process when Judge Tatro added conditions to Robben’s bail conditions with no hearing after a request by the Carson City Department of Alternative Sentencing (“DAS”) ordered Robben to wear a GPS device and then ordered Robben to be placed on “house arrest” with a “daily check-in” to the DAS office in Carson City from his home in South Lake Tahoe. The original order never included a “daily check-in” or “house arrest” according to Robben who has proof of the actual transcripts of the hearing conducted by corrupt Judge Tatro. Even the District Attorney Travis Lucia agreed in a written stipulation that Robben was not on house arrest or daily check-in.

susan martinovich hit and run coverup

susan martinovich hit and run coverup

Furthermore, the DAS never had jurisdiction over Robben who was a pre-trial defendant t the time. DAS only had jurisdiction over convicted “probationers” not “pre-trial defendants” according to the law under NRS 211A that governs DAS. The law was modified in July 2013 by Senate Bill 101 (“SB101”) to give DAS jurisdiction over pre-trial defendants, however Robben’s issues occurred in 2012.

This shows a clear pattern of abuse of power and acting under the color of law to carry out a personal vendetta against Robben and a cover-up of the hit-and-run by former NDOT Director Susan Martinovich.

Robben has a pending lawsuit in the Reno Federal Court related to this case and now he can show the “malicious prosecution” claim is valid since the conviction was reversed in Robben’s favor.

Robben has been very vocal about the rampant corruption in Nevada and especially Carson City where a corrupt Sheriff department, DA and Court system conspired and acted outside the law to harass Robben using the criminal justice system. Robben has performed numerious high profile protests in front of the State capitol and the Carson City court related to an array of issues including backdated court filings, withheld evidence, NHP corruption (editied dashcam video) the CCSO cover-up for Susan Martinovich’s hit-and-run and Judge Tatro, DA Neil Rombardoand ADA Mark Krueger’s corruption and abuse of office.

See the order here: Robben order.mcgee. appeal

 

TY Robben AKA “Top Ramen” Free At Last – All charges dropped

Special Prosecutor Douglas Co. DA Mark Jackson drops trumped up charges against Ty Robben accused of murder-for-hire plot against Corrupt Carson City judge John Tatro and other FALSE LIBEL/SLANDER/STALKING CHARGES filed by Judge Tatro 

My story Ty Robben v Carson City is very similar to this movie – Flash of Genius Trailer

 

hit man contract out for Judge Tatro

jp tatro ruthless and toothless

mountain democrat

Wednesday, April 16, 2014

PLACERVILLE, CALIFORNIA
99 CENTS

Charges dropped: DA protester out of prison

By 
From page A1 | April 18, 2014 | 3 Comments

A man known for protesting the El Dorado County District Attorney’s Office and charged with soliciting the murder of a judge in Nevada has been released from prison and his charges dismissed.

South Lake Tahoe resident Ty Robben was released last week after Douglas County, Nev., District Attorney Mark Jackson dismissed the solicitation of murder charge, along with a charge of criminal libel — a charge that is not used in California.

Both the criminal libel and solicitation of murder charge concerned Judge John Tatro, Robben said. But, Robben told the Mountain Democrat, he was exercising his 1st Amendment rights for the first charge, and he was not soliciting anything on the second charge. Rather, another prisoner — while Robben, known as “Top Ramen” while incarcerated on the libel charge — propositioned him with a $5,000 “roofing job,” Robben said.

Jackson confirmed he dismissed the charges due to lack of evidence and unlikelihood of conviction. He also noted that the Carson City, Nev., DA’s Office was originally on the case, but was taken off due to having been named in a federal lawsuit Robben filed against them.

Robben credits his faith with seeing him through his time in prison. “My faith in the Lord got me through the darkest period in my life and I pray that I can start to forgive these people for the unforgivable acts of government retaliation using the criminal justice system after I had filed a federal lawsuit in Reno two weeks before I was arrested in California.”

See original story here:

http://www.mtdemocrat.com/news/charges-dropped-da-protester-out-of-prison/

LEAVE A COMMENT

Discussion | comments

Fran DuchampApril 17, 2014 – 1:52 pm
Ty is this the end of this for you…for this subject? Are you moving on? Or are you still going forward with the federal lawsuit?

Reply

Carson City District Attorney Mark Krueger

Carson City District Attorney Mark Krueger

Tahoe Tribune story on Ty Robben

All charges against South Tahoe resident Ty Robben have now been dropped in jailhouse HIT MAN to kill corrupt Carson City Judge Tatro and Slander/Libel/Internet Stalking

Geoff Dornan
gdornan@nevadaappeal.com

Ty Robben mug shot

Ty Robben mug shot

Douglas County District Attorney Mark Jackson, the special prosecutor named to handle the cases, previously dismissed libel and harassment charges.

He served notice Thursday that he was dropping the charge Ty Robben AKA “Top Ramen” (new ‘jail name’ obtained at the Carson City jailhouse since it sounds like his name) tried to hire a hit man to kill Justice of the Peace John Tatro.

Ty Robben AKA “Top Ramen” (new name obtained at the Carson City jailhouse since it sounds like his name)

Mark Jackson was brought in after the Carson City DA’s office was disqualified from handling the case.

“Based on a full and complete review of all the evidence and the existing constitutional, statutory and case law, I filed a notice of dismissal today in the Carson Township Justice Court,” Jackson said in a statement.

He said that means Robben’s $50,000 bail has been lifted, and all pending charges against him have been dismissed.

“It is my understanding that Mr. Robben is in the process of being released from the Carson City Jail,” Jackson said.

Robben stopped by the Tahoe Daily Tribune Friday and said he was hoping to restore his life and family. He thanked his attorneys for their work to get him released.

“Thank you to Mark Jackson for standing up and supporting the U.S. Constitution,” Robben said.

Douglas Co. Nevada DA Mark Jackson

Douglas Co. Nevada DA Mark Jackson

Two weeks ago, Jackson dismissed the other case against Robben, which accused him of libel and stalking and two counts of attempting to intimidate Tatro and his family.

He did so stating that Nevada’s libel law was “unconstitutionally vague.” The stalking charge, he said, simply didn’t have enough evidence to support it.

Robben has been battling the state and criminal justice system since he was terminated by the Taxation Department.

He was angry with Tatro for his conviction on charges of disorderly conduct centered on his attempt to — allegedly — serve papers on behalf of a friend on then-NDOT Director Susan Martinovich.

Robben said Judge Tatro and Assistant DA Mark “Freddie” Krueger must resign and criminal charges must be filed against Judge Tatro  for filing a false report against me!Judge Tatro Corrupt

Thank you Douglas County DA Mark Jackson for respecting the US Constitution and my 1st & 14th Amendment rights in these matters and the honor to respect the law(s) and look at the facts unbiased.

Tatro claimed Robben was criminal libel for a posting found here: https://nevadastatepersonnelwatch.wordpress.com/2013/08/26/the-shooter-of-judge-tatros-door-found-judge-tatro-caught-in-sex-triangle-revenge-scandal/

Robben also posted a story and photos of an alleged requirement for Judge Tatro to take a breathalyzer test prior to taking the bench everyday.

Judge John Tatro Carson City DUI, breathalyzer test?

Judge John Tatro Carson City DUI, breathalyzer test?

Judge John Tatro Carson City DUI, breathalyzer test?

Judge John Tatro Carson City DUI, breathalyzer test?

Special thanks Attorney  Jarrod Hickman and to the entire State of Nevada Public Defenders office including the folks behind the scenes answering my numerous phone calls from jail.

Are you aware of the ruling in Times v. Sullivan (1964) which states this, in part:

As Americans we have a profound national commitment to the principle that debate on Public Issues should be uninhibited, robust, and wide open. And that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. Continue reading

Former NDOT Director Susan Martinovich Drunk Driving?

KRNV TV News 4 covers the Susan Martinovich hit-and-run story

KRNV TV News 4 covers the Susan Martinovich hit-and-run story

Comment on your video: Carson City 911 NV NDOT Dir. Susan Martinovich HIT and RUN and Sheriff COVER-UP

Yup I believe about 5years ago she crashed into the center median near roop and long which caused her tire to blow out. I went to help her…and then smelled the alcohol..so I left her there to figure it out. Looks just like her works for NDOT just like the woman I saw…

Tahoe Mountain News covers part II of the Ty Robben vs. Justin Brothers Bail Bonds ‘Bounty Hunter’ case where criminal charges have been filed against agent Doug Lewis

531567_552363321450221_1686584288_n

tmn The Tahoe Mountain News covered part one of the story here: https://nevadastatepersonnelwatch.wordpress.com/2013/02/13/tahoe-mountain-news-covers-ty-robbens-south-lake-tahoe-police-protest/

and here: http://www.mountainnews.net/201302/#/1

and https://nevadastatepersonnelwatch.wordpress.com/2013/03/03/justin-brothers-bail-bonds-illegally-broke-into-home-illegally-used-a-taser-on-ty-robben/

ty robben bounty hunter

 

 

 

 

 

 

 

 

By Heather Gould March 2013, Source: http://www.mountainnews.net/201303/#/11/zoomed

Ty Robben may be ‘radical’ – but he may also be right. Mt. News

Apparently Mr.Lewis also fails to have a current Nevada Business License! You can check on-line and see http://nvsos.gov/SOSEntitySearch/corpsearch.aspx?st=c&ss=nevada%20bail%20enforcement

 Entity Name  NV Business ID  Status  Type
NEVADA BAIL ENFORCEMENT, LLC NV20041305929 Permanently Revoked Domestic Limited-Liability Company

Bounty Hunter Douglas Lewis will face five misdemeanor charges in connection  with an October 18 incident at the Sierra Tract home of local resident Todd ”Ty ” Robben, in which he attempted to take Robben into custody on a misdemeanor contempt of court warrant out of Carson City. See https://nevadastatepersonnelwatch.wordpress.com/2013/03/03/justin-brothers-bail-bonds-illegally-broke-into-home-illegally-used-a-taser-on-ty-robben/

Robben’s door was broken down. he was “tased” at least twice, his tires were slashed and he had to bolt into a nearby field to escape, according to a South Lake Tahoe Police report. The charges against Lewis, filed by the EI Dorado County District Attorney’s office, include allegedly failing to obtain a California warrant for the capture of Robben, aggravated trespass for allegedly forcing his way into Robben’s home, alleged vandalism of a dwelling for breaking down the door, alleged battery for tasing Robben, and alleged damage to a vehicle for slashing Robben’s tires. Doug Lewis could not be reached for comment by press time.

Robben sought more serious felony charges and wonders why other individuals accompanying and assisting Lewis were not charged as well. He said he was nevertheless “relieved” that El Dorado County authorities had acted, and that his faith in the system had been restored somewhat after months of frustration over the handling of the case.

Robben protested in front of the South Lake Tahoe Police Department in late January. claiming the police were failing to take him seriously and investigate his case in a timely manner, due to his activism against government and a negative portrait painted of him by law enforcement in Nevada.

Hans Uthe, the Tahoe-based assistant district attorney. Said felony charges were not filed against Lewis largely because he had failed to get clearance from a California judge. “As a professional bounty hunter he should have known he had to do that. It would have been very easy for him to do.” And though Lewis was apparently assisted by others in his attempt to capture Robben, only he is being charged because he was the leader or boss of the pursuit, said Uthe. ” It was hi s decisions, his determinations how to proceed.” Uthe said. “We’re holding him responsible.”

In statements on the matter, police officials said they had made every effort to accommodate Robben, given time and staffing constraints. The police report was completed and released after the Tahoe Mountain News filed a California Public Records Act request.

Robben did compliment the police department for finishing the report when it did . The 164-page report contained 14 pages devoted to investigation of the alleged crimes and 150 pages of applicable statutes and legal precedents submitted by Robben.

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Robben has filed a multi-million dollar lawsuit against the bail bond company, Justin Brothers Bail Bonds, that employed Lewis and has also protested in front of the their Carson City and Reno offices. Owner Dennis Justin said he had “no comment what so ever” about the suit or the charges filed against Lewis.

See https://nevadastatepersonnelwatch.wordpress.com/2013/03/10/charges-filed-in-justin-bros-bail-bonds-bounty-hunter-case/

At the time of Lewis’s alleged crimes against Robben, Robben was out on bail on charges including assault after attempting to serve a subpoena for a friend on a Nevada state official named Susan Martinovich with the Department of Transportation. The friend had filed suit against the department, claiming he was fired for exposing wrongdoing. The suit is similar to one filed by Robben against the Nevada Department of Taxation, his former employer, which is currently on appeal. Robben calls himself a “supporter of whistleblowers.”

The woman being served said she felt threatened and was accosted by Robben and later received a restraining order against him. Robben said the situation was all turned around and that she assaulted him by driving over his toe. Eventually. All charges were dropped,  except one – disorderly conduct – which will be dismissed if Robben complies with court conditions for a year.

Robben does have two other restraining orders against him including one by his brother from whom he has been estranged for five years with absolutely no contact and who lives in Florida. The other one was issued under false pretenses to an employee in his previous place of work who was angry with Robben reported him for sending pornography over government computers, Robben said.

The contempt of court warrant was issued – in error by Carson city Judge John Tatro, says Robben – after he supposedly failed to show up for a court check-in. The matter was cleared up when he later checked in.

Amnesty International has classified lasers as deadly weapons.

Noted bail bondsmen and bounty hunter Leonard Padilla commented on the actions of the bounty hunters. The easiest way to catch a fugitive is to talk them into surrendering, said Padilla. Something the bounty hunters allegedly did with Robben for ten minutes according to the police report, before breaking down his door which is permitted, said Padilla. If one is 100 percent sure. not 80 percent sure. Not 98 percent sure, but 100 percent sure, that the fugitive is inside. He said tasers must be deployed with care so as not to cause undue harm. “Not everyone can go and buy a taser and s tart tasing people. You have to have special training” Padilla said. Amnesty International has classified lasers as deadly weapons. Finally, the slashing of tires perplexed Padilla. After nearly 40 years in business, he has never used such a tactic, which he called “childish” and “comical.” The best time to catch someone is when they leave a dwelling to go to a car, he said. Or as they drive off.

In the police report, the bounty hunters said they didn’t ‘t want Robben to drive in what they said was a fragile mental slat. Stating he had been under psychiatric care, an assertion Robben vehemently denies. He was put on suicide watch
while initially in the Carson City jail,  a tactic used to imprison him in solitary confinement. Robben wrote he has been “certified as sane … has no prior criminal record … has never been hospitalized for mental health! This is character assassination’ of me.” He earlier provided a letter to the Mountain News from the EI Dorado County Department of Mental Health stating he does not qualify for services, so is therefore of sound mind, said Robben.

Additionally. Robben contends, police officers stood by while the bounty hunters went about their allegedly illegal activities and did not intervene while he was attacked and pursued. The report does not note any action taken by South Lake Tahoe police and states an officer was in the area at the time.

Bounty hunters do have broad powers to pursue, capture and detain fugitives. The report also said police declined to assist the bounty hunters given it was a misdemeanor, non-extraditable warrant out of another state. The report said the South Lake Tahoe Police did briefly search for Robben after he ran to try and convince him to give himself up. South Lake Tahoe Police spokesman Lt. David Stevenson said he would not comment further. The report said the bounty hunters continued to search for Robben for five hours after he fled. Robben said he hiked to a friend’s house and furtively hid out in his RV so the friend would not be charged with harboring a fugitive. He then made his way to the Black Jack Inn at Stateline where he watched the Giants win the playoffs

Bounty Hunter Nevada Bail Enforcement agent Doug Lewis Charged with Assault/Battery March 2013. Doug Lewis stars in this National Geographic episode of Leonard Padilla “Bounty Hunter” filmed in Reno and Sparks Nevada.

See the full episode below or here: http://youtu.be/dckPsFvYrdc?t=7m48s

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Read the story here: https://nevadastatepersonnelwatch.wordpress.com/2013/03/07/charges-filed-in-justin-bros-bail-bonds-bounty-hunter-case/

Justin Brothers Bail Bonds criminal complaint

Justin Brothers Bail Bonds criminal complaint

Justin Brothers Bail Bonds criminal complaint

Justin Brothers Bail Bonds criminal complaint

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Justin Brothers Bail Bonds

Carson City DA Neil Rombardo is a corrupt political puppet for Gov Sandoval and NAG Masto

Anyone following the (former NDOT Director) Susan Martinovich hit-and-run coverup scandal  – SEE KRNV mynews4.com Fact Finder story – will see that Carson City District Attorney Neil Rombardo is just a puppet. DA Rombardo’s  strings are being pulled by Governor Brian Sandoval and his new “chief of staff”  Gerald Gardner. We can safely assume Neil Rombardo is also NAG Catherine Cortez Masto’s bitch too since they were both Nevada Attorney General’s or as we call them (“NAGs”).

Carson City Judge John Tatro - End the Corruption

Carson City Judge John Tatro – End the Corruption

Susan Martinovich HIT-AND-RUN – Nevada Laws:

  1. Stop and exchange info. Sue did not do that.
  2. Render aid (or at least check to see if there is an injury to the others). Sue did not do that.
  3. Report to law enforcement. Sue did not do that, she said she was “being stalked/harassed”… Interesting defense for lawyers out there.
  4. Who needs a defense attorney when the Carson City Sheriff and DA Neil Rombardo will just cover-it-up for you? Just like they did for Susan Martinovich.

Gerald Gardner was DA Rombardo’s assistant until August 17, 2012 when Governor Brian Sandoval named Mr. Gardner as his new “chief of staff” .

“I have known Gerald since he served as my Las Vegas regional chief when I was attorney general,” Sandoval said.  “His experience in Southern Nevada combined with his keen intellect and insight will be invaluable as we move into the 2013 Nevada Legislative session. I am pleased that Gerald has agreed to join my administration and serve in this capacity. I look forward to working together again.”

Corrupt Brian Sandoval's chief of staff Gerald Gardner

Corrupt Brian Sandoval’s chief of staff Gerald Gardner (former Carson City DA Rombardo’s bitch)

Here’s “Chief”  Gardner’s bio – We see he covered up public corruption and fraud cases:  “In 2002, Gardner was named the chief of the criminal justice division for the Nevada Attorney General’s Office, focusing on public corruption and fraud cases. In 2004, he was appointed by then-Attorney General Brian Sandoval to serve as his Las Vegas regional chief. He also served on the Attorney General’s Legislative Committee.”

Its convenient timing was exactly when  DA Rombardo trumped up the “assault” charge for the process server who tried to serve an evading Susan Martinovich. The week and a half delay from the incident and the trumped up charge is very suspect.

Gov. Brian Sandoval announced Gerald Gardner has been named chief of staff effective September 5. Gardner takes over for Heidi Gansert who has served as the governor’s chief of staff for the past twenty months and who announced her resignation yesterday.

See more Nevada ANTI Corruption videos here: http://www.youtube.com/user/stumpjumpnty?feature=watch

See the most popular videos like

Nevada ANTI Corruption youtube videos

Nevada ANTI Corruption youtube videos

We did some research and found an interesting website called Wild Wild Law and that blog had the following information:

            Anonymous said…
Looks like a mass exudus from the carson city DA’s office. Employees are sick of Rombardo’s temper tantrums. Plus, the dude is getting divorced because he screwed one of his deputies.Anonymous said…
I worked with Neil Rombardo when he was an DAG here in Vegas. Real a**hole
See more here: http://wildwildlaw.blogspot.com/2010/01/friday-open-thread.html

Judge John Tatro must recuse from Robben / Susan Martinovich case

Carson City Justice court judge John Tatro has acted outside the law, under color of law and thinks he is above the law.

We know Carson City Judge John Tatro has a history of “episodes” in the courtroom. These frothing “episodes” are captured on JAVS audio/video and prove this man is unfit for duty as a judge.

Carson City Corruption

Carson City Corruption

We keep finding new information about Judge John Tatro that validate his bias against Robben. We find John Tatro’s brother Tom Tatro worked for the NDOT Nevada Dept. of Transportation.

John Tatro and Susan Martinovich both went to Caron City High School, and Tatro denies this. Sheriff Kenny Furlong went there too. Can you say good ‘ol boy and girl network?
www.carsoncitychamber.com/pdf/news/VOB-050910.pdf

john tatro and sue martinovich went to carson high school

john tatro and sue martinovich went to carson high school

The unconstitutional and unconscionable $500,000.00 dollar bail against Robben far exceeds the $100.00 dollar bail schedule in Nevada.  judge Tatro issues orders with no hearings and no due process to further the cover-up and retaliation against Robben. See  Amendment 8 of the US Constitution.

The protesting has resumed and will continue to expose judge John Tatro and Carson City District Attorney Neil Rombardo and their blatant unconstitutional and unconscionable violations of the laws to cover-up the Susan Martinovich hit-and-run against Robben.

The Carson City Sheriff still has not provided the reports to the Liberty Mutual insurance company under claim number LA000-024039140-01.

It looks like the Carson City courthouse IP addresses are top repeat visitors to this website and search on these terms:

Search                                        
judge tatro
judge tatro criminal
judge tatro scandal
judge tatro corrupt
judge john tatro
judge tatro alcoholic
judge tatro breathalyzer test

Nevada crime scene

Nevada crime scene
carson city courthouse

carson city courthouse

susan martinovich hit and run coverup by Carson City Sheriff

susan martinovich hit and run coverup by Carson City Sheriff

Thousands wasted on the Susan Martinovich coverup by Carson City DA Neil Rombardo and judge John Tatro

Thousands wasted on the Susan Martinovich coverup by Carson City DA Neil Rombardo and judge John Tatro

judge john tatro end the god damn corruption

judge john tatro end the god damn corruption

911 Emergency call from 08/06/2012 NDOT Susan Martinovich hit-and-run incident backs up Robben

The call made immediately after the incident  is here:

This shows that Robben was there to serve legal papers, NDOT Director Susan Martinovich  hit Robben’s foot, she left the scene, and Robben did not follow her after the incident.  Robben did not require an ambulance,  he later had an x-ray on his own.

Notice at 1:23 it seems like a new lady comes on the 911 call…

Robben rejects a ‘defer and dismiss’ extortion plea deal from DA, KRNV covers NDOT Retaliation, film crew to cover next protest

Protesting on temporally on hold this week as we prepare for major film crew Lawless America demonstration.   We also need to take a break from the ‘heat’ so to speak. We’re taking a vacation, spending time with family and contemplating new signage.  We were going to leave off the DA’s name on the signage, but now that we’re going to court, we need to let taxpayers know who’s spending their money and time prosecuting a sham case.

New video documentaries being produced to tell the personal stories of Robben and Tonja Brown / Nolan Klein.

New Carson City rules try to limit protests. We have already improvised a solution where the new areas can off-set restriction and a new trailer sign.  The new area actually allows us to display more signs. New signage to showcase the Cover-up. New proxy for Robben to keep protests going strong. Robben to still be active as he produces video documentaries and focus on offensive and defensive legal action surrounding false malicious prosecution.

KRNV covers Jim Richardson’s NDOT Retaliation – click on: Whistleblower sounds off on loophole in protection law 

Nevada Whistle-blower laws lack teeth

Nevada Whistle-blower laws lack teeth

Robben rejects a ‘defer and dismiss’ plea deal from DA.  Why admit quilt to something I did not do?

Carson City COVER-UP Susan Sartinovich hit-and-run, FALSE police report

Carson City COVER-UP Susan Sartinovich hit-and-run, FALSE police report

Carson DA (Name omitted): Thanks for the call.

The defer and dismiss requires me to admit guilt to something I did not do. You are smart and I know you would not admit to something you never did, why should I?

I respectfully decline the offer. 

I’ll request a jury trial and I’ll prevail as a matter of law and fact. I’ll also demand the arrest record is expunged. I never harassed, stalked, assaulted Ms. Martinovich, nor did I  disturb disturbed the peace. In the even I lose, I’ll appeal to the district court. I do not want to threaten you, but this case is a total sham and I think you are very smart and see this. My offers are more amicable, and  Ms. Martinovich would still benefit.  I  am open to confidential discussions on the matter.  However, your purview is the criminal charge and not anything I may counter.

Perhaps Ms. Martinovic’s lawyer should call me to avoid malicias prosecution. Again, I think you’re very smart and that said you’ll see my position. Why admit guilt to something I never did and if I was setup this easy on these charges, I am worried about future bogus charges that would put me in jeopardy since I would likely be on probation/alternative sentencing. This is unacceptable. Thank you, I’ll see you in court.

-T Robben

Carson City COVER-UP – Martinovich did not want to press charges – Martinovich NOT charged – Taxpayers paying for this circus

Carson City Sheriff cover-up Susan Martinovich assault and battery, hit and run and false sheriff report

Carson City Sheriff cover-up Susan Martinovich assault and battery, hit and run and false sheriff report

Nevada Appeal August 17, 2012 Ty makes bail

Nevada Appeal August 17, 2012 Ty makes bail

no arrest request by Martinovich

no arrest request by Martinovich

Martinovich said she did not want to press charges against Robben on her complaint, yet Robben was originally charged with harassment. Knowing ‘harassment’ would not stick, that charge was dropped and DA Neil Rombardo added assault and breach of peace.  These will not sick as a matter of law. However, in Carson City, Nevada where Robben is public enemy #1 to the corrupt justice system – the rule of law will not matter because this is all about revenge and retaliation.   The gang in black robes want Robben in jail to shut him down for exposing their corruption and protesting with CRIME SCENE tape! Judges do not like seeing their corruption broadcast on the Internet and protest banners. Once inside their Judicial ‘system’ they have unchecked power and authority to abuse their power and direct their hostility at an individual who clearly is standing up to the corrupt system.

How does Robben, who has publicly stated the entire Carson City court is corrupt, get justice when he is

directly in their ‘cross hairs’ with no jury trial? The judges will not comply with the law and disqualify themselves after being formally moved to do so. They won’t move the hearing or bring in another hopefully honest judge from somewhere else. 

See the plan?

NOTE: Susan Martinovich was served the week prior with a subpoena for the same hearing by service to her secretary who accepted it.  Then Susan Martinovich complained that she was not served ‘Personally’ per NRCP rule 4 and had the court quash that subpoena. The court reissued the subpoena on August 06, 2012 at about 1:30pm in Reno for the August 07, 2012 9:00am hearing. Jim Richardson had no time to hire a process server and Robben was available by the time he arrived in Carson City around 3:30pm.  With little time to spare the papers were served to 2 of the 4 people. Since Martinovich demanded ‘personal service’  and Robben was just complying with her  ‘personal service’ hand-hand demands. Robben never attempted to touch or physicality contact  nor did he touch or make contact Ms. Martinovich. The plan was hand over the papers to her person so she would accept per her NRCP demand for personal service. 

False Sheriff report:

Martinovich knew Robben was there to serve the papers she was avoiding and not there to harm, harass or assault her.  When Martinovich filed the false Sheriff report knowing this to be the case, she made a false police report. Martinovich assaulted Robben with her car (a deadly weapon in Nevada) and hit Robben (battery) then left the scene to file a false charge against Robben.  Really, what was Robben going to do with 1 subpoena which is 1 piece of paper? hit/slap her with a lawsuit? The subpena was for a state personnel hearing. By the way, the State should change this policy and have the hearing officers send personnel related subpenas to the people or the department AG for future service related to personnel matters.  This whole thing should be a lesson the the State, and the State should fix this.

The legal definition of “false reporting of a crime” in Nevada, prohibits knowingly making a false report to law enforcement that a crime has occurred, which causes law enforcement to conduct a criminal or internal investigation.

Note that the report can be made by any means such as orally, through writing or electronic communication. Also note that NRS 207.280 applies when the defendant allegedly makes the report to any of the following members of law enforcement:

    • police officer
    • sheriff
    • district attorney or deputy district attorney
    • sheriff or deputy sheriff

any member of the Nevada Department of Public Safety

NRS 207.280  False reporting of crimes unlawful.  Every person who deliberately reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety that a felony or misdemeanor has been committed, which causes a law enforcement agency to conduct a criminal or internal investigation, knowing such report to be false, is guilty of a misdemeanor.

A common scenario where this law comes into play in Nevada is when an angry spouse lies to the police about the other spouse committing the Nevada crime of battery domestic violence. If the police investigate and determine that the reporting spouse wasn’t being truthful, prosecutors may press charges for the false reporting of a crime.

Trumped up charges of ‘ASSAULT’

Here you go, no case against Robben.  Robben was there to serve court papers – NOT to “commit a violent injury on the person of another of another”.  “Mere menace is not enough. There must be an effort to carry the intention into execution.” 

Under NRS 200.471, an “assault” is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” As we said in Wilkerson v. State, 87 Nev. 123, 482 P.2d 314 (1971): “Mere menace is not enough. There must be an effort to carry the intention into execution.” Id. at 126, 482 P.2d at 316.

NRS 193.330 defines “attempt” as “[a]n act done with the intent to commit a crime, and tending but failing to accomplish it.” See also Crawford v. State, 107 Nev. 345, 351, 811 P.2d 67, 71 (1991) (stating the elements of attempt are: “(1) the intent to commit the crime; (2) performance of some act toward the commission of the crime; and (3) the failure to consummate its commission”). Therefore, the State had the burden to prove that Powell had the specific intent to commit a violent injury on each of Richardson, Cole, and Shepard.

Trumped up charges of ‘Breach of peace’

Robben said to Martinovich “process server, court papers” and “stop you ran over my foot”. This is not disturbing the peace. Robben did not use profanity or yell anything else to Martinovich to provoke a breach of peace. Nor did Robben challenge Martinovich to a fight, threaten her or engage in the other mumbo-jumbo i.e.  loud or unusual noises, or by tumultuous and offensive conduct threatening, traducing, quarreling, challenging to fight, or fighting.

Robben there to serve papers

Robben there to serve papers

The main focus of the charge is Robben “yelled” and ran after Martinovich’s car “banging on the window” by a stranger.

 NRS 203.010  Breach of peace.  Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.

In every criminal case, the D.A. has the burden to prove beyond a reasonable doubt that the defendant committed the crime. This is a very high standard, and it may be difficult for the D.A. to produce sufficient evidence that demonstrates the defendant knew the crime report was false. As long as the D.A. fails to meet this burden of proof, the defendant is not criminally liable.

In Nevada, this case will likely get a bench trial because Nevada is corrupt and ignores the U.S. Constitution  and it’s own laws under NRS 175.011(2)!

     NRS 175.011  Trial by jury.

1.  In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the State. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.

   2.  In a Justice Court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified court reporter and shall report the trial.

(Added to NRS by 1967, 1424; A 1983, 749; 1987, 614; 1993, 1412)

Although Article III of the U.S. Constitution guarantees everyone charged with a crime the right to a trial by jury, the U.S. Supreme Court ruled that jury trial rights extend only to those facing more than six months in jail.

From Lawyer Mike Pariente;

http://www.parientelaw.com/its-time-for-nevada-to-give-defendants-a-jury-trial-for-misdemeanor-domestic-violence-charges/

When I began my career as a lawyer in Texas in 1998 before eventually moving to Nevada, I was amazed by how in Texas a defendant had the right to a six-person jury trial even for a minor traffic ticket.  In Texas, if you are charged with any misdemeanor including traffic citations (i.e., running a red light, speeding), you have the right to a six-person jury of your peers.  Now contrast that with Nevada.  Here in Nevada, you have no right to a jury trial for any kind of misdemeanor – period.  That’s right.

Here’s a brief history for you.  Nevada made U.S. Supreme Court history when, in the case of Blanton v. City of N. Las Vegas, 489 U.S. 538 (1989), it held that a defendant charged with misdemeanor Driving Under the Influence (DUI) was not entitled to a jury trial because the offense is “petty”.  A “petty” misdemeanor is one in which the maximum term of imprisonment is 6 months.  So, if you’re charged with a misdemeanor in Nevada and the most you can get under the law is 6 months in jail, that’s considered “petty” and you don’t get the right to have a jury decide your case.  Only a judge can decide your case.  Petty?  Really?  When people think of “petty”, they think of speeding tickets.  How can having your freedom taken from you for 6 months – that’s 180 days, that’s half a year – how is that “petty”?  The fact that a judge, not a jury, can hear a “petty” misdemeanor trial and decide to put you in jail and take you away from your family and job for six months is anything but “petty”.  I’m sure if a judge were sitting in jail for being convicted of a “petty” misdemeanor, he or she would not think it’s so “petty”.

Nevada is one of the only states in the country to deny a defendant a jury trial for a “petty” misdemeanor.

Oddly enough, the Nevada Legislature passed NRS 175.011(2) which allows a defendant to demand a jury trial for a “petty” misdemeanor with 30 days notice before the date of the trial.  Huh?  So how can it be that there is a law on the books that gives you a right to a jury trial for “petty” misdemeanors but you don’t actually have that right?  Come again?  Here’s why.  After NRS 175.011(2) was passed which clearly spelled out that a defendant had the right to a jury trial on “petty” misdemeanors, the Nevada Supreme Court decided that the Legislature didn’t mean what it said.  In Smith v. State, 99 Nev. 806, 672 P.2d 631, (1983), the Nevada Supreme Court acknowledged that the Legislature passed NRS 175.011(2) but said that it really didn’t matter because the Legislature probably didn’t mean to create a “statutory right”.  WTF????  Wait a minute.  The Legislature passed this statute.  The Governor of Nevada signed off on it.  It became law.  But then in 1983, the Nevada Supreme Court decided in effect, “Nah, that’s not what they meant.”  I’m paraphrasing, of course, but talk about judicial activism!  If I, as a criminal defense lawyer, were to argue that a statute passed by the Legislature didn’t mean what it said, I’d probably be accused of violating rules of professional conduct by making a frivolous argument to the court.  Imagine if I were to argue that the mandatory minimum laws on the Nevada books for certain crimes such as drug trafficking which clearly don’t allow a judge to sentence a defendant to probation were laws that the Legislature really didn’t mean what they said when the laws were passed. I’d be laughed out of court for making the same kind of argument.  But that’s what the Nevada Supreme Court decided.

Here’s where I’m coming from.  Let’s go back to Blanton which said that DUI is a “petty” misdemeanor.  The lawyers for Blanton argued that DUI is not a “petty” misdemeanor because a defendant faced, among other punishments, suspension of his or her driver’s license.  Unfortunately, the U.S. Supreme Court disagreed.  But here’s where I argue that Blanton shouldn’t control when a defendant is facing charges for domestic violence.  If a Permanent Resident Alien is facing a domestic violence misdemeanor charge, he or she will get deported if convicted of domestic violence.  As we’ve seen in Padilla v. Kentucky, the U.S. Supreme Court said that immigration consequences are no longer collateral rights and are substantive rights.  So my argument is deportation for a domestic violence conviction is anything but “petty”.  Deportation means a person will be sent back to their foreign land even if he or she has their family in the U.S.  Blanton defines “penalty” as follows:  “In using the word ‘penalty,’ we do not refer solely to the maximum prison term authorized for a particular offense. See United States v. Jenkins, 780 F. 2d 472, 474, and n. 3 (CA4), cert. denied, 476 U.S. 1161 (1986).  Blanton v. N. Las Vegas, 489 U.S. 538, 542 (U.S. 1989).”  So, since deportation is a penalty, which is more severe than a 6 month sentence since it involves permanently being separated from your family in the U.S., a legal permanent resident alien should be allowed a jury trial for a misdemeanor charge of domestic violence.  And if a legal permanent resident alien is allowed a jury trial for a misdemeanor charge of domestic violence, then so should a U.S. Citizen be given the same right under the Equal Protection Clause since it would be unfair to give a non-citizen a jury trial right while depriving a U.S. Citizen of the same right to a six-person jury to hear his or her case in a charge of misdemeanor domestic violence.  I’ll keep you posted on my efforts to change the law.  I’m preparing a writ of mandamus, which in Latin means a petition to order the lower court to do something for which it has no discretion.  I’m going to be filing this with the Eighth Judicial District Court in January arguing that it should direct the justice court or municipal court to order a defendant to have a right to a jury trial.

UPDATE: I’ve filed a petition for writ of habeas corpus or alternatively writ of mandamus with the Nevada Supreme Court.  They haven’t ruled on it yet.  If they grant my motion, then all Nevadans accused of domestic violence will get a jury trial.  If they do not, then I will petition the U.S. Supreme Court and ask them to give Nevadans accused of domestic violence a jury trial.  More to come!  As of today, January 8, 2012, the Nevada Supreme Court has not ruled on my writs.  Given their backlog, it will be several months but I will keep you posted once I hear something.

=========================================================

Process Servers and Assault

Editor’s note: This article was researched and written by ServeNow staff and may not include the most up-to-date information on the status of specific legislation in individual states.

Process Server AssaultWork can be worrisome for many reasons, but process servers have to consider their physical well being on top of their jobs every time they set out to serve papers. Assault on process servers is a common occurrence and there are laws that protect them, however, sometimes these laws are not enough. In our recent poll on the biggest challenges in the process serving industry, some voters listed increased assault as the biggest industry threat. But even though it did not receive the most votes it’s still an important issue to pay attention to, and certain states are beginning to take things a step further and are make assault on a process server a felony.

What is assault?

Assault occurs when someone is intentionally placed under the threat of bodily injury by another person. If the offender actually injures the person they are threatening, they have committed assault and battery.

How does assault affect process servers?

When a process server sets out to do their job, they are placing themselves in an emotionally charged situation. The person being served may be in an unstable mental and emotional state. When someone is presented with papers it could be a breaking point, and they may become violent. Process servers are representatives of the court and many feel that because of this there should be stricter consequences for individuals who attempt to stop them from completing their work or hurt them while they are doing their jobs.

Instances of process server assault

Stories about process servers being assaulted while on the job have become more prevalent in the news. Reports of process servers being punched, hit with baseball bats and even shot are not as uncommon as they used to be.

Recently, an Auburn process server was assaulted when trying to serve eviction papers. The offender shot Kathy Stevenson with an airsoft gun, threw rocks at her, broke her car window and smeared mud in her face. The perpetrator was charged with assault with a deadly weapon and vandalism and is currently out on a $25,000 bond.

Earlier this year the Mayor of Mendenhall was charged with assault on a process server. Mayor Womack claims that he was unaware that the person knocking on his door was a Mississippi process server and feared for the safety of his family. The process server claims the Mayor swore at him and assaulted him, even after he made his purpose clear. Mayor Mendenhall was found guilty of simple assault, a misdemeanor, and forced to pay a $485 fine.

Also this year, an Illinois state lawyer, Allen W. James plead guilty to a misdemeanor aggravated assault for pulling a gun on a process server in the parking lot of a courthouse in 2008. James claims he was defending himself, however, the court found that he had been evading service for a personal lawsuit the day before and most likely pulled out his gun in an attempt to further avoid service. James was initially charged with two felonies but was only found guilty of a misdemeanor. He was forced to pay a $1,500 fine and was suspended from work for 60 days. James was not reelected to his position and no longer works for the state of Illinois.

With assault on the rise and stories like this continually hitting the news, it is apparent that process servers need protection now more then ever.

What laws are currently in place protecting process servers?

Many states have laws protecting process servers from assault, but there has been a recent push to make assault on a process server a felony, not just a misdemeanor. In late 2011, Illinois became the first state to pass legislation making assault on an Illinois process server a felony charge. Senator Mike Jacobs of Illinois stated that “We have increased the assault penalties over the years for those people who work on behalf of the State Government and law enforcement, and this legislation will extend these protections for those who work on behalf of the courts.”

“We brought that legislation to the Illinois State Congress because we know that process servers are getting attacked out there and it’s not being reported,” Illinois Association of Professional Process Servers (IAPS) Treasurer Keith McMaster explained, “hopefully this is an event that we can take to all the associations and NAPPS can, in the future, take this legislation to the states that don’t have an association.” Since the passing of the Illinois law, California has enacted a similar law and Washington has proposed one as well. New York process servers have presented bills to the legislature making assault on a process server a class D felony. Larry Yellon, president of the New York State Professional Process Servers Association, is hopeful that the bills will be signed into law and assist other states in enacting similar laws. Process servers are applauding these states and hoping to see similar legislation passed across the country. Other associations have added pushing for assault legislation to their goals.

Why is it important for process servers to be protected from assault?

Process servers perform a task that is integral to the court’s functionality. Senator Jacobs hopes that the new Illinois law “might be the deterrent necessary to keep process servers safe while they perform their duties.” As representatives of the court, many process servers feel that they are entitled to the same protection as other workers involved in the legal process. In any case, with the heightened emotions that come with serving process and the situations that can arise, it’s important for process servers to be protected from assault.

How can you help process servers become protected?

By joining your local association or a national association such as the National Association of Professional Process Servers (NAPPS), you can combine forces with other process servers and raise awareness regarding the issues that affect your industry. With backing and support from associations, legislation protecting process servers will more easily become law. Get in touch with your local association to find out more on what you can do to help.

Have you or a process server you know been assaulted? Share your story below!

When they own all the information, they can bend it all they want

We shall overcome.

KRNV – Server says NDOT director avoided subpoena, ran over foot

Here’s the link http://www.mynews4.com/news/local/story/Reno-carson-city-ndot-subpoena-martinovich/Vow6FdG2CEeVPJYiwziJDQ.cspx

KRNV TV News 4 covers the Susan Martinovich hit-and-run story

KRNV TV News 4 covers the Susan Martinovich hit-and-run story

All the State can do is lie and defame Robben.  Robben has no other TPOs against him by anyone. This is their game plan. Lie, get the press guy (Public Dis-Information Officer) buffoon named SCOTT MAGRUDER to try and work-the-press spin.  Magruder will be unemployed when this is all over.  How could anyone trust this  after he gets creamed by a little pro-per litigant in 2 weeks.

We took down the post on Carson City Sheriff Bob Guimont in good faith. We encourage the gang abatement programs including the “Gangbangers” in the AG office.  

We are not trying to get involved in Carson City Sheriff personnel drama/scandals or pick sides within the factions.

Believe me, the comments came in PRO AND CON and we decided to not to post most of them.

We do feel the police report was a COVER-UP one sided.

Robben’s 911 call and report are completely whitewashed.  In fact, Robben’s complaints of hit-and-run and leaving the scene and 911 call were never accounted for in the report. A key witness was not interviewed. We knew there was no video from Smith’s. The report claims the door of her Dodge Durango came open! We will post more as we glean, but we can’t give the total game plan away. NDOT should know what we are reading and they know where they lied. The are some very, very big lies here and I’ll have to hold posting until after the Court hearing, but it appears people should be going to jail on perjury and falsification of a Sheriff report when I am done with this.  Of course, the Judges will probably let these people off with not jail or a slap on the hand, they will reward this behavior and punish Robben for exposing the lies, perjury and corruption. Then all hell will break loose and the protests will RAGE.

As things develop, the ‘false police report and TPO application’ filed by Martinovich should stick.

New signs will  be made for our next demonstration:

CARSON SHERIFF COVER-UP HIT AND RUN for NDOT Director Susan Martinovich

Las Vegas Review Journal covers the NDOT Director Sue Martinovich hit-and-run

SUPERMARKET SHUFFLE

Here in the state capital, residents have become accustomed to protesters and large banners being placed in front of government buildings calling for an end to corruption in state government. It’s no big deal anymore.

But the scene at the local Smith’s supermarket about 4:30 p.m. Aug. 6 could have been out of a comic strip.

Nevada Department of Transportation Director Susan Martinovich jumped from one car to another while trying to evade Ty Robben. He was trying to serve papers to require her to appear at a Tuesday personnel hearing over her dismissal of former state pilot James Richardson.

Martinovich, according to Robben, drove over his foot when he tried to serve the legal papers. He filed a hit-and-run complaint with the Carson City Sheriff’s Office. She filed a harassment complaint against Robben. She wants a restraining order to prevent him from coming anywhere near her.

But Scott Magruder, the Transportation Department spokesman, said he was with Martinovich, who became frightened when Robben “banged” on her car windows.

“It was kind of comical,” Robben said of the incident, asserting Martinovich just should have accepted service when he appeared at her office last week.

Although his foot is causing him pain, Robben said he has been “too busy” to seek medical attention and lacks insurance. Magruder said he doubts Robben’s foot even was touched and believes the Smith’s video cameras will show it wasn’t.

Robben was fired in 2009 by the Department of Taxation and has been fighting that dismissal in court. He awaits a decision from the Nevada Supreme Court that might take another year.

He said that anyone can be a process server and that he was trying to help out Richardson, a friend.

Since his dismissal, he and people like Richardson, fired by Martinovich in 2008 from his pilot’s job, have been leading protests against state government officials.

“I am the victim here,” Robben said. “She ran over my foot and filed a false report.”

Richardson has won several court decisions requiring the Transportation Department to give him back pay and put him back to work. But he has contended they are trying to return him to jobs where he would seldom, if ever, fly. He also said the pilot position he has been offered has not been properly funded.

Martinovich did show up Tuesday to testify at Richardson’s hearing before a personnel officer.

“There were 15 armed security officers there,” Robben said.

Martinovich retires in September.

– Ed Vogel

The Nevada State Personnel scandals and corruption keep coming at a manic pace – Keep ’em coming

The Nevada State Personnel scandals and corruption keep coming at a manic pace – Keep ’em coming.

We’ve been promoting our cause and NevadaStatePersonnelWATCH.wordpress.com and the results are overwhelming.

We have more new reports of Nevada Attorney General Catherine Cortez Masto’s office BACKDATING court documents in other cases that have been reported. More to come on this later.

We have more Taxation reports of corruption.

We have reports that State Hearing Officers are operating without legal contracts. Update – Personnel officers contracts were approved in June 2012 and would make these contracts legal.  However, the original June BOE meeting agenda did not list any personnel hearing officer contracts to the best of out knowledge since we we’re looking for this info at that time. Perhaps another Nevada Open Meeting Law violation?  We’ll go back and look to see what transpired.

We have reports of Nevada Officials using false credentials on their resumes.

NDOT Pilot Story developing – State fires pilot again August 2012.

Department of Transportation to comply with rehiring order

CARSON CITY — A Nevada Department of Transportation official said Tuesday that the agency will comply with a state Supreme Court order to rehire fired state pilot Jim Richardson.

Department spokesman Scott Magruder said his agency must reach an agreement with Richardson because the high court refuses to reconsider. He added that Director Susan Martinovich opposes appealing in federal court.

Read more here http://www.lvrj.com/news/department-of-transportation-to-comply-with-rehiring-order-136671398.html

http://www.lasvegassun.com/news/2011/nov/16/court-sides-fired-pilot-who-claimed-state-plane-wa/

Court sides with fired pilot who claimed state plane was operated unsafely

Image
NDOTThe state Department of Transportation looked into complaints by a former state pilot of safety lapses involving Nevada’s Cessna Citation, shown in 2006.

By  (contact)

Wednesday, Nov. 16, 2011 | 4:38 p.m.

CARSON CITY —

The Nevada Supreme Court ruled in favor of a former Transportation Department pilot who said he was unjustly fired for raising red flags about the operation of the state plane.

Jim Richardson, of Carson City, said the Nevada Department of Transportation fired him in 2008 for blowing the whistle on unsafe operation of the state’s 10-seat Cessna Citation. The plane landed with only minutes of fuel left a number of times, took off overweight and was operated by a 14-year-old boy under the direction of the former chief pilot.

Some of these incidents happened while transporting top officials, including former Gov. Jim Gibbons.

Richardson lawyer, Jeff Blanck, said he expects Richardson to be reinstated as a pilot and receive 3 ½ years back pay, almost $250,000.

The state has maintained that Richardson was fired for not immediately reporting an incident, when an intern “over-revved” the plane’s engine.

Richardson admitted he made a mistake, but said the punishment was too harsh. In appealing his firing, Richardson argued that former Chief Pilot Gary Phillips had been merely demoted for the more serious safety violations.

NDOT said it was still pursuing its legal options. “We don’t agree with this judgment, and we are working with the Attorney General’s office and evaluating how to proceed,” according to a statement.

Richardson’s reinstatement “is supported by substantial evidence and is not arbitrary or capricious in any way,” according to the three-member decision. The order reversed District Court Judge Todd Russell’s ruling in 2009, which had found in favor of NDOT and allowed Richardson to be fired.

The case was remanded back to Russell.

The union that represents state workers had held up Richardson’s case as evidence that state workers need collective bargaining rights, a goal of state public employees for decades. After the administrative hearing officer said NDOT had to rehire Richardson, the department put him to work carrying 120-pound bags of rock, Richardson said, before the administrative judge clarified his decision that he had to be rehired as a pilot.

When Russell overturned that decision, it made the union’s case much less sympathetic.

“This was a blatant attempt by NDOT to retaliate against Mr. Richardson,” said Neil Lake, president of AFSCME Local 4041, which represents state workers.

Richardson, in an interview, said he was looking forward to getting back to work for the state.

We have pictures of NDOT Chief Pilot letting his kid fly the State plane:

Nevada Department of Transportation

Nevada Department of Transportation Chief Pilot Gary Phillips illegally flying State jet.

Nevada Department of Transportation

Nevada Department of Transportation Chief Pilot Gary Phillips

Nevada Department of Transportation

Nevada Department of Transportation Chief Pilot Gary Phillips