Complaint Dismissed
A complaint was filed against me in The Philippines for “Grave Threats” and for “Concealing Deadly Weapon”. The Complaint was filed with the Office of The City Prosecutor, in Cagayan de Oro City, I.S. No. 2007-362 (Grave Threats) and I.S. No. 2007-363. The complaint itself was pretty insane, and the case was dismissed without charges against me ever being filed.
The complaintants were Edna R. Castillon, and Salvador Castillon, Sr., the parents of Marisyl “Syl” Castillon. Apparently they begrudged me for having the audacity to seek the return of my personal property which I had been unlawfully deprived. I had proven to the local court that I owned the property to a sufficient degree that I was granted a “Writ of Replevin”, an order directing the PNP and local sheriff to seize my property from those who held it.
The list of property was significant, at least to me, and included 27 computers, more than a dozen pair or underwear, 20 pairs of socks, 12 independent work-desks, 17 wall-mounted desks, 12 pairs of shoes, two digital cameras, and a plethora of other items, all of which belonged to me. I also posted a significant bond with the court in the event it was later adjudged the property was improperly seized.
The complaint was filed because I had in my possession, during the raid, a Leatherman Wave utility tool. The Wave is one cool tool. It has a flathead screwdriver, a phillips screwdriver, a rope knife, a regular knife blade, a can opener, bottle opener, wire cutter, pliers, saw, file, nipper, and scissors. When you are inspecting stolen computers to see if the parts are all there, there’s no better or more handy tool.
Anyway, the compaintants admitted to the investigating Fiscal (prosecuting attorney) that I never pulled the tool from its belt holster, and never actually said anything, nor made any threatening gesture.
For Grave Threats, there are three elements of the crime, and all must be present for there to be a crime. 1) that the offender threatened another person with the infliction upon his person of a wrong; 2) that such wrong amounted to a crime; and 3) that the threat was not subject to a condition. In this case, the Fiscal states “Perusal on the Complaint-Affidavit apparently reveals that none of the above-mentioned elements are present in the instant complaint. That’s right, NONE. Zero, ziltch, nada!
For the charge of carrying a concealed weapon, while it may be that the Leatherman Wave could be considered a weapon, it is not illegal to carry such a weapon here absent criminal intent. “Obviously,” the Fiscal states, “in the complaint at hand, this second element is missing…dismissed for want of probably cause.” You can view read the Joint Resolution dismissing the complaint for lack of probable cause here.