SHE SHOULD HAVE SHOT THE BASTARD

On June 16, 2005, at approximately 11-12 PM, I was walking on Warren Street past St. Paul's School as I have for ten years. I have lived on Warren Street since 1995 and regularly have run and walked Warren Street in that area.

While walking along, dressed in a pair of black stretch pants and a bright tan pullover, I noticed a vehicle coming toward me. I tend to walk heading into traffic and I could clearly see that the vehicle was going to pull over by the roadside, so I simply skirted the vehicle as it pulled over and continued walking. After the vehicle had pulled over, I happened to notice the reflection of its lights and realized that it was a police car, as the blue lights had been activated.

However, because I was simply walking and the trooper had no reason to detain me, I didn't pay attention to the car. I had an MP3 player with earphones in my ears and was listening to music. However, at some point I became aware of someone saying "State Police. Stop."

I turned and saw State Trooper A.A. Presby, in a State Police uniform, coming toward me with a flashlight in his hand, and heard him telling me to stop. I stopped and asked the trooper why he was stopping me. He instantly replied, "I want to talk to you." I responded, "I don't want to be stopped, I would like to continue on my way." The response from Trooper Presby was, "Do you have any identification?"

I continued to protest, asking why I was being stopped. Trooper Presby claimed that he was stopping me for my safety because after all if anything happened to me later he would have felt very bad.

How Trooper Presby's illegal detention of me was going to prevent something from happening to me later was beyond my understanding. I explained to Trooper Presby that the only items I had with me showing my name were a credit card and my New Hampshire Pistol/Revolver license in my bright pink Galco fanny pack. I did not have a purse or any other thing with me, simply had a Galco fanny pack, a pouch which is designed for a right hand draw, designed for a semi-auto.

As soon as I handed him "my permit" he next instantly asked me "Do you have a weapon on you?" My answer was "It's night, I'm walking, of course I have a firearm."

He insisted that I give him my firearm. Obviously, I complied; I had no choice. I properly and slowly opened my Galco fanny pack with the right hand draw and handed him my Glock 23. He took my Glock 23 and laid it on the trunk of his cruiser.

I continued to protest and ask why I was being stopped and detained. He continued to ask me "Well, don't you have a driver's license?"

I explained to him that yes, I do have a driver's license. He wanted to see it. I explained to him again that I wasn't driving, I was out walking, and my driver's license was at home in my wallet. He repeatedly asked me if I had any other forms of ID. I repeatedly answered the question and said, "Look, I've answered the question more than once. I have the license to carry and a credit card, and that is the only form of "ID" I have on me."

Parts of Warren Street heading out of town are what I call "dead cell space," because I can't get any cell service for 100 yards at a time. The particular place Trooper Presby had detained me was on the lower entrance to the St. Paul's School and is one of the dead zones or, quite frankly, I would have been utilizing my cell phone to hopefully have someone extricate me from this horrible situation.

Trooper Presby attempted to use his radio to call my information in. It was clear that either the radio was either not working correctly or he did not know how to use it correctly. He continued to ask me what I was doing out there and claimed that he traveled this road and had never seen me before.

I explained to him that I have lived in this area over 10 years and have run and walked this road many times at all hours of the night and day, and I didn't appreciate being detained. I again asked him why I was being detained, and I repeatedly asked to be released. I didn't want to be stopped and didn't want to be detained and repeatedly asked Trooper Presby to let me go.

At some point, I became much more vocal, explaining I was an attorney and that he had no right or reason to stop me and that I demanded to be released or charged with something. It was at that point he handed me my New Hampshire Pistol/Revolver license and my firearm back and attempted to write down the serial number on my Glock 23, which I also protested.

He then asked "What is your date of birth and name again?" and proceeded to write my name and date of birth in ink on his hand.

I had repeatedly asked him for his business card while I was being detained. At the end, when we terminated our contact, I again told him that I wanted his business card identifying him. Trooper Presby finally gave one to me, and because it was night and it is a very dark green card, I asked Trooper Presby to shine his flashlight on the card so that I could see if there was in fact writing (there was - it is gold writing). Under both the NH and the United States constitutions, this officer had no right to stop or detain me. Had I not vigorously, repeatedly, and firmly asserted that I wanted to be set free, I could have been there indefinitely. After I explained to him I was an attorney, that appeared to be the impetus for him to release me.

I wonder how many other citizens are being harassed in this way: citizens who don't know their rights, have no practical recourse, and are afraid of the authorities. I don't know, but if this is an example of how Trooper Presby is treating other citizens, I certainly think that his behavior and his tactics need to be evaluated and I certainly expect an apology.

I was not - nor could I have been - charged with anything. I was simply a private citizen taking a walk on a nice evening, and there was no reason for Trooper Presby to detain me. I repeatedly told this officer that I was fine, that there was no reason for him to detain me, and that I expected to be left alone. The officer claiming that detaining me was for my future safety is utterly ridiculous.

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