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Bill Windsor has filed a Motion to declare all his charges are misdemeanors. The case is DC-14-509 in the Fourth Judicial District Court in Missoula County Montana.
The persecutors, Missoula Montana Deputy County Attorney Jennifer Clark and her Crack Legal Intern Tylerisalittlekid Dugger, charged William M. Windsor with two misdemeanors and three felonies. They did this to hurt Bill Windsor, deny him bond, and most importantly, enable them to extradite him from Texas. He could not have been extradited for misdemeanors. The law is that a felony can be charged only when there have been misdemeanor convictions.
But Bill Windsor has never committed a crime of any type – no convictions whatsoever.
Here is Bill Windsor’s Motion to Declare All Charges are Misdemeanors. Sorry about the numbering and spacing; Joomla doesn’t like legal document formatting on a copy and paste:
MONTANA FOURTH JUDICIAL DISTRICT COURT MISSOULA COUNTY
State of Montana, § Dept. No. 3
Plaintiff, § Cause No. DC-14-509
v. §
William Michael Windsor, § MOTION TO DECLARE ALL
Defendant. § CHARGES ARE MISDEMEANORS
COMES NOW William M. Windsor, Defendant, who files this “Motion to Declare All Charges are Misdemeanors,” and shows the Court as follows:
INTRODUCTION
William M. Windsor has been simultaneously charged with five protective order violations that took place on five distinctively different dates over a nine month period in 2013 and 2014. (See DC-14-509 Docket # 1, 2, 3, 4, and 5.)
- The charges were all filed at one time yet called “subsequent.” To be “subsequent charges, William M. Windsor would have had to have been charged previously. He was not. So, all five alleged violations constitute a first offense, and the charges must, therefore, be declared misdemeanors
- The factual background is provided in the Affidavit of William M. Windsor dated May 12, 2015 filed as Exhibit A to William M. Windsor’s Second Motion to Disqualify Judge James A. Haynes.
- The State claims there is some form of protective order that William M. Windsor has violated. The alleged protective order was not filed as part of the Information filed at the commencement of this case, and it has not been identified since.
A. THE CHARGES AGAINST WILLIAM M. WINDSOR FOR “VIOLATION OF AN ORDER OF PROTECTION” CONSTITUTE ONE CHARGE AND MUST BE CLASSIFIED AS A MISDEMEANOR.
- Sean Boushie was obligated to “report all violations of this order of protection to law enforcement by calling 911.” (See Exhibit 1 – Temporary Order of Protection, Page numbered 3 in bottom right corner.) The evidence provided by the State of Montana shows that there were no 911 calls on December 30, 2013, February 6, 2014, May 4, 2014, July 4, 2014, October 2, 2014, or on any other date.
- Failure to report separate alleged violations constitutes a waiver by Sean Boushie. He lost his right to claim five separate violations.
- Failure to charge William M. Windsor or contact him about the alleged violations constitutes a waiver of the State’s rights to seek penalties for successive violations on one charge, the first ever.
- Had Sean Boushie reported each individual alleged violation when they occurred, William M. Windsor would have had an opportunity to correct any wrongful conduct, and he would have had an opportunity to defend himself. If he was convicted of two violations, he would have been on notice that a third violation would be charged as a felony.
- William M. Windsor was NEVER contacted by the police regarding any of these alleged violations.
- The Montana law that permits repetition of misdemeanors to be charged as felonies is intended to use the higher charge as a deterrent, with increase after a defendant has proven that he is undeterred by the misdemeanor conviction. A person charged with DUI in Montana is charged with one offense even if he made five stops on the way home from a bar and had blood alcohol content that was five times over the legal limit. A Montana driver who the police attempted to stop for speeding who then attempted to evade arrest by committing five other infractions gets charged with seven crimes, but they all took place at one time and were for different criminal statutes. The driver could not be charged with seven counts of evading arrest.
- Montana law is not intended as a way to sandbag a person who doesn’t even know he has allegedly committed a misdemeanor and may next be charged with a felony. There has to be notice before escalated penalties may be imposed in the case of alleged violation of a protective order as the protective order is designed to stop recurring behavior.
B. THE STATE OF MONTANA HAS VIOLATED WILLIAM M. WINDSOR’S RIGHT TO DUE PROCESS BY STACKING FIVE ALLEGED VIOLATIONS THAT OCCURRED OVER NINE MONTHS INTO ONE CHARGING DOCUMENT THAT SIMULTANEOUSLY PURPORTS TO BE FIVE SERPARATE CRIMES.
- William M. Windsor’s rights to due process have been violated.
- The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
- Sean Boushie’s one police report of five alleged violations violates the terms of the alleged Temporary Order of Protection where he was obligated to call 911 with each violation. The charging in this case perverts the order of protection process that is designed to prevent repetitive conduct.
- “Subsequent” is defined as ““occurring or coming later or after.” “Simultaneous” is defined as “happening, existing, or done at the same time.” William M. Windsor’s charges were simultaneous, not subsequent.
- The charging documents erroneously claim Counts II, III, IV, and V were subsequent, but they were all charged simultaneously.
- The State did not even file the charges in chronological or “concurrent” order. Count I allegedly took place on May 4, 2014; Count II allegedly took place on July 4, 2014. Then the first felony, the third alleged offense, took place on December 30, 2013. Then Count IV was February 6, 2014, and Count V was October 2, 2014. (The date for Count V is a date manufactured for the State’s improper purpose. IF that is a violation of the Temporary Order of Protection, it took place first, so it is subsequent to nothing.)
- In actuality, Count V was first; Count III was second; Count IV was third; Count I was fourth; and Count II was fifth. As charged, NONE of the charges may be considered subsequent as none of the alleged violations occurred or came later than the first one that allegedly occurred.
8. The charge is that William M. Windsor violated MCA 45-5-626:
MCA 45-5-626(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years. [emphasis added.]
- In Montana, the first two convictions for violation of a protective order are misdemeanors. After that, they are felonies. William M. Windsor has not been convicted of anything, so all five charges must be treated as misdemeanors.
- The protective order statute, MCA Title 40 Chapter 15, was created to stop a pattern of conduct. Increased penalties for “subsequent offenses” were developed to provide a deterrent to continued illegal conduct. Once again, “subsequent” is defined as “occurring or coming later or after.”
- Upon information and belief, the State has never charged anyone else in such a manner for this alleged criminal violation.
- None of the five charges are valid, but it is clear that Montana law and due process do not allow three of the five simultaneous alleged violations to be charged as felonies by citing them as subsequent offenses.
- It is a further violation of William M. Windsor’s rights to due process for the State to change the dates and order of alleged violations to put its weakest charges first and call them misdemeanors.
- What the State has done is a significant violation of William M. Windsor’s rights to due process because calling three of these charges felonies, William M. Windsor’s legal rights were dramatically changed. Extradition became possible with alleged felonies, where it would not be possible under various state laws if the charges were misdemeanors. Bond became much higher and harder to obtain. Extradition laws are much tougher on felonies. The stress on William M. Windsor became much greater as he faces all the losses of rights that come with the possibility of being a convicted felon. William M. Windsor now faces charged in Texas for alleged “felony bond jumping” related to these charges, but the charges are actually misdemeanor charges.
- It should also be noted that NONE of the alleged violations violate MCA Title 40 Chapter 15, and NONE of the alleged violations would constitute stalking under Texas or Montana law. The alleged violations were all committed when William M. Windsor was 2,500 miles away from Missoula Montana in Dallas Texas.
- The purpose of the Montana protective order statutes is set out at MCA 40-15-101: “The purpose of this chapter is to promote safety and protection of all victims of partner and family member assault, victims of sexual assault, and victims of stalking.” William M. Windsor submits that his due process rights are violated if he is charged for doing simple, Constitutionally-protected things that do not violate the protective order statutes or the purpose of the statutes.
C. THE CHARGES BY THE STATE VIOLATE WILLIAM M. WINDSOR’S RIGHTS REGARDING DOUBLE JEOPARDY, EXCESSIVE FINES, AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES IN THE BILL OF RIGHTS AND COMMON LAW.
- The Bill of Rights limits punishment to be proportionate to the wrong punished. The charging in this case violates this right.
- The charging in this case violates the Eighth Amendment as it is excessive to charge William M. Windsor with felonies on a “first offense” when the applicable statute makes a first offense a misdemeanor.
- The charging by the State creates a punishment that is excessive and defeats the intent of the statute that was designed to have remedial steps.
- It is cruel and unusual punishment to charge William M. Windsor for five alleged violations over nine months that he knew nothing about.
- There is only one criminal statute involved in this case – MCA 45-5-626. But by charging William M. Windsor five times for the same offense, violation of a protective order, the State has violated William M. Windsor’s rights to protection from Double Jeopardy. The five counts are penalties for the same offense as they were brought simultaneously.
- William M. Windsor has been out on bond for five days. He plans to file a separate brief with case law as soon as he has time to conduct legal research.
WHEREFORE, William M. Windsor prays that this Court issue an order that:
- five alleged violations of a protective order charged simultaneously may not be charged so four are treated as subsequent charges;
- William M. Windsor’s charges must be considered to be one misdemeanor, not five alleged crimes as there was only one police complaint and one charging document (or, in the alternative) that each of the five alleged violations shall be treated as misdemeanors; and
- grant such other relief as the Court finds appropriate.
This 14th day of May 2015,
_________________________
William M. Windsor
VERIFICATION
Personally appeared before me, the undersigned Notary Public duly authorized to administer oaths, William M. Windsor, who after being duly sworn deposes and states that he is authorized to make this verification on behalf of himself and that the facts alleged in the foregoing are true and correct based upon his personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters he believes them to be true.
I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.
This 14th day of May 2015.
___________________________
William M. Windsor
Sworn and subscribed before me this 14th day of May 2015.
____________________________
Notary Public
CERTIFICATE OF CONFERENCE
I hereby certify that I was unable to reach Jennifer Clark or Christopher Daly.
This 14th day of May 2015,
_________________________
William M. Windsor
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing Motion by United States Postal Service to Jennifer Clark, Deputy County Attorney, Missoula County Courthouse, 200 West Broadway Street, Missoula, Montana 59802, and I sent a copy to Christopher Daly.
This 14th day of May 2015,
_________________________
William M. Windsor
Bill Windsor set out to film a movie exposing government, judicial, and law enforcement corruption. He traveled to every state (except Alaska), and he filmed over 750 stories of corruption and has thousands more who wanted to be filmed. Evil people, some working for various government entities and committing crimes, set out to destroy Bill Windsor and the movie, Lawless America. Bill Windsor has been defamed online in the largest case of defamation in U.S. history. His life has been threatened many times. A UNIVERSITY OF MONTANA EMPLOYEE, Sean Boushie, attempted to murder Bill Windsor. Sean Boushie then falsely claimed that Bill stalked him, threatened him with a gun, and a host of other lies. Corrupt courts gave Sean Boushie a Temporary Order of Protection. It expired on September 16, 2013, but corrupt Montana and Texas folks pretended it still existed, and a bench warrant was issued for unsuspecting Bill.
Bill Windsor was put into the Ellis County Texas Jail illegally for 53 days as a political prisoner — held for extradition. William M. Windsor was then unlawfully held in the Ada County Idaho Jail for 35 days and then illegally handed over to two Missoula County Montana Sheriff’s Deputies on March 25, 2015. He was held there for 46 days (a grand total of 134 days behind bars). He escaped (on bond) at 11:30 am on May 9, 2015.
The State of Montana has filed five criminal charges against William M. Windsor for sending a Tweet, publishing the UNIVERSITY OF MONTANA EMPLOYEE‘s name (the would-be killer Sean Boushie) four times, sending a legal notice email to a University of Montana attorney, and filming the movie and the pilot for a TV show that will expose Montana as the most corrupt state in the country. “Law enforcement” had LawlessAmerica.com removed from the Internet. This website contains over 1,400 articles exposing corruption. Bill Windsor worked with a friendly offshore hosting company to return the website to the Internet outside the clutches of American evildoers. He wasn’t so lucky when Facebook removed the movie page falsely claiming it promoted nudity, pornography, and solicitation of sex … or when AT&T canceled the email that he used on everything related to the movie for years falsely claiming he violated their Terms of Service.
Bill Windsor will continue to have a short article published every morning and every night so you will know he is still as “free” as one can be in Lawless America. That’s where we live.
IF YOU HAVEN’T READ WHAT THE JOEYISALITTLEKID GANG DID TO BILL WINDSOR AS OF OCTOBER 24, 2014, THIS MAKES FOR SOME SICKENING READING: http://joeyisalittlekidlawsuit.com/?page_id=33
For more information, see:
Nobodies.us – U.S. Government Corruption – Corrupt Judges — Dishonest Government Officials — Whistleblower Productions — Slanderella — Slanderfella — Joeyisalittlekid
Ellis County Texas — Ellis County Texas Corruption — Ellis County Texas District Attorney Patrick Wilson — Ellis County Texas Jail — Ellis County Texas Judge Bob Carroll — Ellis County Mafia — Ellis County Texas Sheriff Johnny Brown, Missoula County Judge John W. Larson, Allie Overstreet — American Mothers Political Party — Betsi Bixby — Brandy Owen — Brannon Bridge — Brenda Williamson — Carrie Walters — Casey P. Hargrove — Cheryl Sosby — Claudine Dombrowski — Clyde Hargrove — Connie Bedwell — Curtis W. Butler — Dale Trowbridge — David Hargrove –Deanna Kloostra — Deborah Parks — Diane Gochin — Gail Lakritz — Hargrove Real Estate — Jay Hoskins — Jennifer Dotson — Kathy A. Carroll — KC Hargrove — Kellie McDougald — Kimberly Wigglesworth — Kinley Hardin — L Wilson — Lorraine Tipton — Loryn Ryder — Madeline Hargrove — Mark Supanich — Mary Bagnaschi — Megan Van Zelfden — Melanie White — Michelle Stilipec — Morgan Hargrove — Nancy Rolfe — Renee Harrington — Sam Round — Shannon Miller — Shonda Hargrove — Sid Wallingford Gray — Stacy Emerson — Trinity Baker
Contact Bill Windsor at Pro-Se-1@outlook.com – www.LawlessAmerica.com — www.facebook.com/billwindsor1 – www.youtube.com/lawlessamerica — www.imdb.com/title/tt2337260/ — www.LawlessAmerica.org — www.twitter.com/lawlessamerica — www.BillWindsor.com
If you don’t know the story of Bill Windsor‘s illegal incarceration, please read it. Part 1 is the background to the story. Part 2 discusses when Bill Windsor was handcuffed and taken to jail from a hearing in a civil suit that he filed against the people who have viciously defamed him in what is the largest case of defamation in U.S. history. Part 3 details early days in jail and attempts to get someone/anyone to help; the conspiracy to keep William M. Windsor in jail begins to come to light. Part 4covers events from November 26, 2014 through December 2, 2014 as the corruption of Judge Bob Carroll erupts in full bloom. Part 5 introduces Ellis County Texas District Attorney Patrick Wilson as a corrupt district attorney. Part 6 leads to a December 19, 2014 at which Bill Windsor was ordered released by Judge Cindy Ermatinger. Bill Windsor was never arrested, just illegally incarcerated for 53 days — a political prisoner!
If you want to reach Bill Windsor, his home address is 5013 S Louise Ave #1134, Sioux Falls, SD 57108. That mail gets forwarded to him once a week. His email is Pro-Se-1@outlook.com. His phone is currently confidential, but it is not answered; messages are checked by dialing in to Verizon from a state far, far away, and Bill receives an email with the name, number, and one sentence summary of each message.
For the Lawless America videos, see www.YouTube.com/lawlessamerica. Bill Windsor’s Facebook page is www.facebook.com/billwindsor1
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William M. Windsor
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I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors to the website are their opinions and do not therefore reflect my opinions. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose corruption in government, law enforcement, and the judiciary. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite of my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.
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