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Trucker victory for Obstruction of Justice “Right to Sleep” court case

Feb
25,
2015
5
Trucker Driver Kenny Capell -Case Dismissed- Charged with Obstruction of Justice after being woken up during mandated 10 hour break

Truck Driver Kenny Capell – Case Dismissed- Charged with Obstruction of Justice after being awoken during mandated 10 hour break

Yesterday was a victorious day for fellow truck driver and friend Kenny Capell when he found out that his “Obstruction of Justice” case was dismissed.  Kenny immediately called to share the good news with us here at AskTheTrucker and  also with James Lamb of SBTC.

Mr Capell had been arrested on April 15th, 2014 at a scale house in Ringgold, GA for refusing to provide ID while being awoken from his sleeper berth during his federally mandated Hours of Service 10 hour break.

Kenny is a truck driver who drives team with his wife and was sleeping in the sleeper berth of his commercial truck when his wife was driving. The officer woke Kenny when his wife pulled into a weigh station, and demanded his ID.

The same officer, Leigh A. Parsons, had previously woken him up on March 28th, where at that time, Kenny had provided requested documents. This 2nd time however, he refused and was handcuffed, arrested, and jailed for 12 hours.

Kenny had requested a trial for this case where a series of trials had continually been postponed.  When Kenny sent a Freedom Of Information Act Request to the Georgia Dept. of Public Safety on 4/24/14 demanding any and all audio/video of his arrest, the GA DPS stated that there was no video, only to find out later that the internal affairs investigator had indeed seen the video.

An internal affairs investigation was initiated after  a police misconduct complaint was filed and James Lamb of SBTC wrote a letter to the Department of Justice Civil Rights Division: ‘Request for ‘Pattern and Practices’ Investigation of Georgia Motor Carrier Compliance Division; Civil Application Pursuant to Title 42,U.S.C. Section 14141.

Kenny just recently heard the case was dismissed “through the grapevine”, as the  almost one year old case was actually dismissed on Feb. 9th, 2015.  Kenny learned of the decision on  Feb. 24th, through a phone call from a relative who was notified that they were entitled to their bail money back because the case was dismissed.

Kenny’s incident was originally brought to our attention last summer via Martin Hill who contacted us through email. Martin continues to report on the timeline of the case through his website Liberty Fight.

After Martin contacted us, we then contacted Kenny Capell and conducted a phone interview followed up by an AskTheTrucker ‘Live’ broadcast with both Martin Hill and Kenny Capell, describing the incident on the show: “Trucker’s Right to Sleep and the 4th Amendment.”

Prior to the radio broadcast, Kenny had been waiting for his first hearing of August 11th, only to be postponed to October 10th,  and again postponed until December 8th, finally postponed once again, which this time ended up as a dismissed case. After hearing about the  ordeal James Lamb called into the radio show and also became concerned about the trail of events which had taken place. Mr Lamb then followed up with Kenny, offering to voluntarily travel from Florida to GA to testify for Capell as an expert witness in the trial.

We invite you to Join us Thursday Feb. 26th 6PM ET for our program: Trucking Open Forum Highlights “Obstruction of Justice.”

 

Check Out Current Events Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio

We invite you to call in and offer your input to the topic via call-in number: 347-826-9170.Listeners can either listen through the link on their computer, where they can also join in the chat room, or can catch the show via their phone line calling the same number.

We will review the series of events which have taken place since Kenny Capell’s last radio interview on AskTheTrucker “LIVE.” Kenny will also share with us what he has endured this past year and why he did what he did, making a stance for all professional drivers who are trying to remain compliant while maintaining their “Right to Rest.”

© 2015, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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5 Responses to Trucker victory for Obstruction of Justice “Right to Sleep” court case. - Post a Comment

  1. James Lamb

    For Immediate Release
    February 27, 2015, Fort Lauderdale, FL
    Contact: Kevin Rea, (954) 253-5049, Membership (at) small transportation.org

    SBTC Helps Trucker-Member Successfully Fight Bogus Criminal “Obstruction of Justice” Charge!

    All of us at the Small Business in Transportation Coalition (“SBTC”) are excited to announce that we have successfully helped stop an unjust prosecution of an interstate trucker and secured an order from a Catoosa County (Georgia) Superior Court Judge dismissing the case.

    In the aftermath of the SBTC’s Federal Police Misconduct Complaint to the U.S. Department of Justice and our request for an Internal Affairs investigation, which was indeed conduced by the state, http://smalltransportation.org/files/94705464.pdf the Honorable Judge Ralph Van Pelt Jr. dismissed bogus “obstruction” charge (Docket 2014-SU-CR-330) on February 9th, 2015 against Trucker and SBTC-Member Kenneth Ahearn Capell.

    “We are very excited to learn that the SBTC’s efforts to defend SBTC Member Kenny Capell were successful. Let be this be a clear message to the industry that the small players in transportation have a strong, new voice in fighting injustice and a sign to law enforcement that we will not tolerate unlawful and unprofessional “color of law” abuse whether it be in the form of waking truckers who are engaged in Federally-mandated sleep or bogus criminal charges. At the same time, we ask the fine professional men and women of the law enforcement community to work in partnership with our members and the industry-at-large on the common goal of preventing driver fatigue and ensuring public safety,” SBTC Chairman James Lamb, a former DOT Motor Carrier Investigator, said today.

    To read James Lamb’s Article: “Protecting the Sanctity of Sleep,” click here: https://www.linkedin.com/pulse/20140720014332-21695323-introducing-the-community-oriented-approach-respecting-the-sanctity-of-sleep?trk=hb_ntf_MEGAPHONE_ARTICLE_LIKE

    To listen to Allen & Donna Smith’s 2/26/15 blog talk radio program on this matter, click here:

    http://www.blogtalkradio.com/truthabouttrucking/2015/02/26/trucking-open-forum-highlights-obstruction-of-justice

    For more information about this case, members of the media may reach the CATOOSA COUNTY SUPERIOR COURT at (706) 935-4231.

    ###

    • Allen Smith

      Replay of show is ready

      Check Out Current Events Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio
  2. James Lamb

    For Immediate Release
    February 27, 2015, Fort Lauderdale, FL
    Contact: Kevin Rea, (954) 253-5049, Membership (at) smalltransportation.org

    SBTC Helps Trucker-Member Successfully Fight Bogus Criminal “Obstruction of Justice” Charge!

    All of us at the Small Business in Transportation Coalition (“SBTC”) are excited to announce that we have successfully helped stop an unjust prosecution of an interstate trucker and secured an order from a Catoosa County (Georgia) Superior Court Judge dismissing the case.

    In the aftermath of the SBTC’s Federal Police Misconduct Complaint to the U.S. Department of Justice and our request for an Internal Affairs investigation, which was indeed conduced by the state, http://smalltransportation.org/files/94705464.pdf the Honorable Judge Ralph Van Pelt Jr. dismissed bogus “obstruction” charge (Docket 2014-SU-CR-330) on February 9th, 2015 against Trucker and SBTC-Member Kenneth Ahearn Capell.

    “We are very excited to learn that the SBTC’s efforts to defend SBTC Member Kenny Capell were successful. Let be this be a clear message to the industry that the small players in transportation have a strong, new voice in fighting injustice and a sign to law enforcement that we will not tolerate unlawful and unprofessional “color of law” abuse whether it be in the form of waking truckers who are engaged in Federally-mandated sleep or bogus criminal charges. At the same time, we ask the fine professional men and women of the law enforcement community to work in partnership with our members and the industry-at-large on the common goal of preventing driver fatigue and ensuring public safety,” SBTC Chairman James Lamb, a former DOT Motor Carrier Investigator, said today.

    To read James Lamb’s Article: “Protecting the Sanctity of Sleep,” click here: https://www.linkedin.com/pulse/20140720014332-21695323-introducing-the-community-oriented-approach-respecting-the-sanctity-of-sleep?trk=hb_ntf_MEGAPHONE_ARTICLE_LIKE

    To listen to AskTheTrucker ‘Live’ with Allen & Donna Smith 2/26/15 blog talk radio program on this matter, click here:

    http://www.blogtalkradio.com/truthabouttrucking/2015/02/26/trucking-open-forum-highlights-obstruction-of-justice

    For more information about this case, members of the media may reach the CATOOSA COUNTY SUPERIOR COURT at (706) 935-4231.

    ###

  3. Allen Smith

    One option for people is to file a monetary claim or civil rights lawsuit. Consult an attorney if you have questions. Here are some links about federal civil rights suits:

    Constitution.org: A GUIDE TO CIVIL RIGHTS LIABILITY UNDER 42 U.S.C. Sec. 1983: AN OVERVIEW OF SUPREME COURT AND ELEVENTH CIRCUIT PRECEDENT
    Cornell.edu: 42 USC Sec. 1983 – Civil action for deprivation of rights
    Wikipedia Entry on Section 1983 lawsuits

    Attorney Jeffrey L. Needle of the Progressive Litigation website promotes an “aggressive enforcement of fundamental constitutional and/or civil rights.” He wrote an excellent article on the issue of Attorney Fees in Section 1983 lawsuits which conveys a keen understanding of the problems litigants face when plaintiffs have suffered clear Constitutional violations by police, yet the violations are not particularly egregious. Needle states, in part,

    “The public interest mandates that fundamental constitutional rights be aggressively enforced regardless of the size of an award of damages. Access to courts is essential for that enforcement. Meaningful access to courts requires competent counsel… …

    Where damages are substantial and liability is likely, attracting competent counsel is relatively easy because a reasonable contingent fee can be anticipated.

    Where damages are insubstantial, however, the availability of a court awarded fee is the only anticipated fee and essential to attract competent counsel… Reliance upon the pro bono efforts of private trial attorneys is insufficient to provide meaningful access to justice…”

    “The overwhelming majority of constitutional violations do not result in substantial damages. Examples of such constitutional violations include, but are not limited to, illegal stops for relatively brief periods of time – including racial profiling, illegal entry and searches of homes and cars, illegal arrests with very brief incarceration, and excessive force resulting in no serious injury.

    These cases and others involving dignitary interests have a high potential for nominal damages.(3) Without the potential for a fee in nominal damage cases, routine constitutional violations such as these, without substantial damages, will very rarely be litigated. The Civil Rights Attorney Fees Award Act was enacted to encourage such litigation… The inability to vindicate constitutional rights due to a lack of resources damages the entire nation and not just the individual citizen.”

  4. […] Cappel wins the “Right to Sleep” CDL driver Kenny Cappel was arrested for obstructing justice by Georgia Motor Carrier Compliance […]

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