Wednesday, July 14, 2010

Press Release: Jason Robo Arrested for Open-Carry Knife after calling 911 to report threat

July 14, 2010 -- PRESS RELEASE. FOR IMMEDIATE RELEASE -- Unstacking the Deck Co-host arrested for open-carry knife after reporting hitchhiker threat
Humboldt county activist and Unstacking the Deck co-host Jason Robo was illegally arrested by the Humboldt County Sheriff's Department for an open carry knife and held for $30,000 bail. Robo was charged with PC 12020(a)(4), carrying a “concealed weapon,” after reporting a verbally and physically threatening hitchhiker who assaulted Robo on his bicycle around 2 am on June 10th. Deputies failed to locate the hitchhiker, likely leaving the area after seeing the cruisers lights. Deputy Hicks confronted Robo asking if he had any weapons. Robo replied “yes” indicating he had a sheathed knife mounted on his belt loop. The knife was legal under PC 12020(d) which states “knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.” Without explanation Hicks physically engaged Robo to remove his belt and knife. Robo was never read his rights, told he was under arrest and the initial charge was not explained to him until several hours later at the Humboldt County Jail in Eureka. The charges of PC 647(f) Drunk and Disorderly and PC 148(a)(1) Resisting Arrest were later added. PC 647(f) says it applies to persons in “a condition that he or she is unable to exercise care for his or her own safety or the safety of others.” This charge was made despite the fact Robo called the authorities to avert a potential threat to others. Additionally, no sobriety or breathalyser test was performed to ascertain Robo's blood alcohol content. During booking, Robo refused to cooperate with an attempt to collect his DNA, leading to a fourth charge PC 298.1(a) Refusal to Provide DNA sample. Proposition 69 was passed by California voters in 2004 to collect DNA of accused felons starting in 2009. All of Robo's charges are misdemeanors. Robo was kept for the maximum allotted 72 court hours, which spanned over a weekend extending his time in jail to five days, before being arraigned at 1:30 pm June 14th. After pleading not guilty, he was released on his own recognizance having no prior violent history or criminal record. Released at 7 pm that evening with his bike, cell phone, wallet and keys held at the McKinleyville Sheriff's office. Robo's next pre-trial hearing is on August 4th, 2010. He is seeking dismissal of all charges. Since his release, Robo has received the support of the American Civil Liberties Union to fight the DNA collection charge. The ACLU is in the midst of a related class action lawsuit on DNA collection, Haskell v. Brown, looking to establish the practice as unconstitutional and a violation of Fourth Amendment rights which guards against unreasonable search and seizures. This incident gives cause for concern that the jail is indiscriminately collecting DNA samples from all individuals who are detained in the facility. Robo is a local activist co-hosting a news program airing on Access Humboldt Channel 12 called, Unstacking the Deck (http://unstackingthedeck.ning.com).The arrest will be discussed in the next episode. On June 8th he worked the local election. He volunteers regularly in his community, recently volunteering at Arcata's Oyster Festival the weekend following his release and Arcata's 4th of July Jubilee and helping provide live coverage for the 42nd Annual Kinetic Grand Championships all three days with Access Humboldt and KIEM.