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.”
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.