Toby

[johnr]

Is Toby in prison?
Isn't he the fella that was found in the middle of the night outside a bar all set up with a sniper situation?

 

[Obi-Wan]

Is Toby in prison?
Isn't he the fella that was found in the middle of the night outside a bar all set up with a sniper situation?

is this the Toby you speak of ?

https://www.valleynewslive.com/2023...ing-concealed-weapon-outside-valley-city-bar/

 

[Obi-Wan]

Charges: Mougey, Toby Lee		Statute	Level	Date
1.	Terrorizing-Adult victim		12.1-17-04(1)	Felony C	06/06/2023
2.	Carrying a concealed weapon		62.1-04-02	Misdemeanor A	06/06/2023

Plead Guilty to Terrorizing Adult victim but had the concealed weapons charge dismissed.

1. Terrorizing-Adult victim 06/06/2023 (FC) 12.1-17-04(1) (C00277) Condition - Adult: 1. Supervised Probation, 1 year 11/13/2023 - 11/13/2024, Active 11/13/2023 2. Appendix A, 11/13/2023 - 11/13/2024, Active 11/13/2023 3. Complete Recommended Treatment, 11/13/2023 - 11/13/2024, Active 11/13/2023 4. 24-7 Program, 11/13/2023 - 11/13/2024, Active 11/13/2023 5. Not Possess or Own Fire Arms, 11/13/2023 - 11/13/2024, Active 11/13/2023 6. Notify Court of Address Change, 11/13/2023 - 11/13/2024, Active 11/13/2023 7. Pay Costs From Bond Posted, 11/13/2023 - 11/13/2023, Active 11/13/2023 Fee Totals: Fine/State $1,500.00 Criminal Administration Fee $400.00 Defense/Facility Admin Fee $100.00 Victim-Witness Fee $25.00 Fee Totals $ $2,025.00 Confinement: Agency: Barnes County Jail360 Days Suspended: 329 Days Credit for Time Served: 31 Days Comment (Forfeit firearms and ammunition seized from the Defendant's person, remaining seized property to be returned to Defendant. Separate forfeiture documents will be filed.)
11/13/2023			A mended Disposition (Judicial Officer: Schmitz, Jay A) Reason: Deemed a Misdemeanor 1. Terrorizing-Adult victim Deemed a Misdemeanor

 

[espringers]

that's the one... potential crisis averted...

 

[Zogman]

Sounds way too linent to me. Way to many Liberal judges in ND.

 

[Rowdie]

I thought ND was a constitutional carry state?
But what a guy. Fishing Buddy Legend

 

[NDSportsman]

I thought ND was a constitutional carry state?
But what a guy. Fishing Buddy Legend

That's why they had to dismiss.

 

[lunkerslayer]

People like Tobey are the face on those posters that the left uses as the reason why red flag laws are needed for the safety of the people in public.

 

[WormWiggler]

That's why they had to dismiss.

umm, so they can charge you with something that is not a crime and make you fight the charge?

 

[Obi-Wan]

that's the one... potential crisis averted...

Yet he walked with a tap on the wrist.

 

[dsharp83]

I believe your responsibility with constitutional carry is you have to inform law enforcement when there is an interaction, if you do not.. i think they can possibly charge you with it.. but no 100 % sure on the law.
i am assuming he did not inform the law enforcement that he was conceal carrying at the time

 

[espringers]

still got stuck with the terrorizing charge. fwiw, even after constitutional carry passed, there was still a shit ton of confusion around the state in all realms of the legal profession especially when it came to loaded firearms, vehicles, etc... . regardless, the law requires immediate disclosure to law enforcement that you are carrying. he was charged for not immediately disclosing he was carrying. however, that was eventually dismissed because the charge for not disclosing is limited to a $20 non criminal fine.

 

[1lessdog]

Even with a conceal carry, you can not be intoxicated and carry. Its a good way to get in trouble with the law.

 

[Obi-Wan]

umm, so they can charge you with something that is not a crime and make you fight the charge?

it was a crime if he was drinking. they dropped them in the plea bargain

umm, so they can charge you with something that is not a crime and make you fight the charge?

Law Enforcement officers do it all the time knowing full well the charges won't stick - They love to say fight it out in court.

In this case it sounds like he may have been drinking
Court records show one man left the bar and saw Mougey sitting on the sidewalk across the street and went up to him. That’s when Mougey picked up his gun and started yelling at the person. Later, when officers spoke to bar staff, they said Mougey was previously kicked out of the bar and they called police when they saw him outside with a gun.

 

[701FishSlayer]

I hope he's rippin the bottle right now.

 

[espringers]

just looked. not just drinking. drunk. anyway, wish him well. i bet the year of 24/7 program is a godsend.

 

[lunkerslayer]

The greatest punishment for Toby is that he will never be able to possess a firearm again. That's the best thing that could happen to a man, who has been dealing with addictions for who knows how long. I wish him the best in the rest of his lives journey but playing stupid games gets you stupid prizes that last forever.

 

[Obi-Wan]

The greatest punishment for Toby is that he will never be able to possess a firearm again. That's the best thing that could happen to a man, who has been dealing with addictions for who knows how long. I wish him the best in the rest of his lives journey but playing stupid games gets you stupid prizes that last forever.

Are you sure ? the plea deal felony was dropped to a misdemeanor and it appears the not owning a gun was for only 1 yr. correct me I am wrong but doesn't this say it is only for 1 yr ?
5. Not Possess or Own Fire Arms, 11/13/2023 - 11/13/2024, Active 11/13/2023

 

[espringers]

in ND, he will automatically have his rights restored 10 years after probation is over. since it closed as a misdemeanor, it might actually be 5 despite the fact it was committed while owning a firearm.

edit: for those who care how the law reads...

or who has been convicted of a class A misdemeanor offense involving violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another state or the federal government and the offense was committed while using or possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04, a destructive device or an explosive, is prohibited from owning a firearm or having one in possession from the date of conviction and continuing for five years after the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest.

 

[lunkerslayer]

Are you sure ? the plea deal felony was dropped to a misdemeanor and it appears the not owning a gun was for only 1 yr. correct me I am wrong but doesn't this say it is only for 1 yr ?
5. Not Possess or Own Fire Arms, 11/13/2023 - 11/13/2024, Active 11/13/2023

He plead guilty to terrorizing with a gun, I'm confused I thought that was a violent felony. Crazy that we see a deranged individual in possession of loaded weapons can plead to a misdemeanor. Welcome to liberal America
I thought all violent felonies were an automatic loss of gun rights for life