KM Member scheduled for felony assault trial in October

For those of you keeping track of the self-defense case involving two ONAC Kautantowit's Mecautea members in Salem, Oregon, member in good standing Corey Busby has been issued a trial date of October 10th 2016 in the Marion County Circuit Court.

Busby is charged with "Assault in the 3rd Degree", which is a Class C Felony, punishable by imprisonment, an intersting charge indeed, since the case being brought against him in no way fits the states statutory definition of it!

Initially upon arrest hours after the alledged incident, both Busby and member Michael Minter were "Booked and released" on a "Probable Assault 3" charge. Busby missed his initial arraignment appearance but Minter didn't, and what Minter found out in his arraignment at that time is that he was facing a "Class A Misdemeanor" according to court records. According to statutory definition though, Assault 3 is deemed nothing less than a Class C felony, and in some cases can be raised into a Class B felony.

Now first in line with the court for the incident, at his initial plea hearing, it was the request of the District Attorney that Minter not be allowed to enter in a plea on the charge stating that they were "Taking it to the Grand Jury" for a green light to seek a more serious charge with a far stiffer penalty option than mere probation. It would later come out before the court that the Grand Jury REFUSED to authorize, not only more severe charges against Minter, but in fact that they would refuse to support the felony Assault 3 charge already brought against him. Their reasoning for such a decision was as clear as crystal... the case alledged against him did not meet nor fit into the states legal definition of standard to justify such a charge or charges being brought against him.

Despite the fact that Minter has gone through 3 "Court appointed attorney's" since the Grand Juries decision was made known so far, all of whom assure him that his case is nothing more than Self-Defense conclusion and all adamently encouraging him to take it to a "Jury Trial for a guranteed win", and the fact that neither men have still received a complete copy of the Discovery of evidence planned to be used against them, the cases against them both seem to be progressing onward, just at different paces.

Though officially Minter is now charged with Misdemeanor Assault 4 and too, a Misdemeanor Strangulation, the lining to his cloud this far is that he is no longer being threatened by a felony conviction nor imprisonment. But because of the juggling of counsel, Busby has now officially taken the lead position as far as the court actually beginning to hear the facts encompassing the case. Busby on the other hand, remains threatened with both a felony conviction along too, with prison. "How can he or Mr. Monter be processed forward without first getting a full copy of the states intended evidence against them, it's their legal right to have it prior to trial... Mr. Busby is less than a month away from being taken to trial and has yet to receive anything official related to the charges pending against him", says Graves, "And it's illegal as well as shameful of the state of Oregon to try and do to anyone, especially someone being threatened with prison".

Corey Busby, contrary to church counsel's advice, has entered in a "Not Guilty" plea, and has requested a formal trial by a jury of his peers, and so the court has set Busby a trial date of October 10th 2016 in the Marion County Circuit Courthouse located out on Aumsville Highway in Salem, Oregon. "Though we preferred Mr. Busby entered in a 'Demurrer" plea opposed to a not guilty one, shifting the responsibility onto the state to provide a burden of proof to the incident being anything other than a Self-Defense situation on both he as well as Mr. Minter's part, still we stand beside as well as behind them both and remain confident in that proper justice will prevail and the cases against both of our members willl ultimately be dismissed" said church leader Joy Graves. "We just continue to emphasize their need of the complete Discovery so to effectively prepare an adequate form of defense should the court actually need one".

Michael Minter is scheduled for a plea entry October 11th, exactly one day After Busby is set to go through and complete his actual Trial. According to he and church counsel, Minter will be entering in a "Demurrer" position to the court regarding the charges presently pending against him, on the grounds of his actions being nothing more than Self Defense, justified by the state of Oregon's statutes, and adding in the fact of this being a "Religious Defense" foundationed case if it deemed a criminal case against him at all.

"A transient tried assaulting me" Graves says, "And my member Michael Minnter rushed to my aid, barely knocking me out of the way and ultimately being struck Hard in the face two times by the transient, not to mention ultimately losing a handful of his hair because the transient wouldn't let go as he violently used it to shake my member around and attempt to further strike as well as kick him as he did..." Graves explains, "Once Mr. Minter freed himself from the transient, as he and I began walking back toward the church vehicle away from the transient with our backs to him, unbeknownst to us in the moment, the transient was again rushing in to attack us from behind, and Mr. Busby put himself in the line of the transient's fire in effort of protecting us".

Graves says that according to multiple statutes of Oregon law that defines what is or is not Assault vs. Self-Defense, Oregon's legal position shines clear in that the two church members in fact did act in Self-Defense, "Cut and dry, plain and simple", and not just because of the people the transient was threatening as he attempted to and then ultimately did physically attack, but too, because of the Property the transient, Dennis Campbell was also threatening to maliciously cause harm and damage to as well as he continued to initiate confrontation between himself and the church members. From that perspective, Graves points out how Oregon law clearly justified church members for taking even more action as well as using far more force than they ultimately deemd necessary to use in order to stave off the attacks of the transient. "Our members are honorable" says Graves, "and we in turn support them in all they have to go through until the state corrects their ways and dismisses the charges against them.

Graves says it should prove interesting how the prosecution intends on seeking a felony conviction on Busby for an Assault 3 when the Grand Jury deemed that the situation was unfitting to the definitive standard of such a charge being brought on a person within the state of Oregon. Though too, Graves emphasizes how irritating, frustrating and nerve-racking it is on the members, families and the church to have to watch the members go through the court process before being recognized as the true victims of the nights situation back in May. Smoke and Prayers are daily made as well as encouraged for the members and their relations until proper justice prevails and the cases against each of them are promptly dismissed.