Libertarian Jim Duensing’s Trial Starts in Nevada

duensingThere is a Facebook page which will follow the trial of Jim Duensing, a Libertarian who was shot in the back by a Las Vegas policeman in 2009. He is on trial for resisting with a weapon, carrying a concealed weapon, and being an ex felon in possession of a weapon.

Jim was the Chairman of the Libertarian Party of Nevada until early 2009, has been a candidate for US Senate in Nevada, and has been active in Libertarian and Boston Tea Party activities for years.

Here is an account of what happened, from Mr. Duensing:

I was pulled over for driving straight through an intersection in a right turn only lane. I did signal for my lane changes to the left.

After exiting the vehicle at the officer’s request, I was standing with my back to the vehicle. The car’s open door was to my right. My hands were raised above my head. I was calmly speaking to the cop attempting to talk my way out of being taken to jail over an unpaid High Occupancy Vehicle ticket.

With my hands raised above my head, the cop shot me with a taser in the chest. As I have had heart problems since my premature birth, I believe a Taser to be a lethal weapon. Several people without heart conditions have been killed by this weapon.

When the taser began electrocuting me, instinct took over. I have been shocked by standard 120 volt electricity, which is what is used in your home. That was bad enough. Metro’s tasers contain “50,000 volts of pain compliance” according to one of the cops at the family law court who was operating the checkpoint.

Let me tell you, it is quite painful.

I immediately turned to my left and began moving away from the source of the electrocution. By the time I got to the back of the vehicle, I had reached up with both hands, grabbed the electrodes, and pulled them away from my chest. The juice then flowed through my arms – not my heart. As I lay here in my hospital bed, I firmly believe this instinct saved my life.

I continued running away from the taser. I heard the cop fire it again, but did not feel an additional shock.

I was running down the sidewalk with empty hands. I heard three pops from behind me. At first, I thought it was another taser shot. Then, I saw my left arm dangling.

I was taken down by a second officer – who was nearby conducting a separate unrelated traffic stop. He had me lying facedown on my broken arm. It was at this point that he found my licensed and registered pistol in my right cargo pants pocket and my Emerson folding knife in my right front pocket.

Let me reiterate. I am a firearms instructor at the world’s largest firearms training facility. I always carry a gun and at least one knife. I NEVER pulled either of these items out of my pockets.

The shooter was on my right side and from his perspective had to have been able to see that my right hand was indeed empty. The officer that I was running toward never reached for any weapon.

I’d like to publicly thank the Trauma surgeons at the UMC Medical facility. They did an excellent job. The reason additional surgery on my arm is necessary is because the wounds to my chest took priority. For good reason, they worry first about life, then about limb.

Here is the Facebook page, which will keep all interested people up-to-date:

Here is a news report from 2009.

Also, here is an IPR article written by Paulie about a radio interview Jim was part of.

26 thoughts on “Libertarian Jim Duensing’s Trial Starts in Nevada

  1. Andy

    ” carrying a concealed weapon,”

    There should be no laws against carrying weapons, openly or concealed.

    “and being an ex felon in possession of a weapon.”

    A person should have all of their rights restored once they are out of jail or prison for whatever it is that got them put in there.

    What offense made Jim Duensing a felon?

  2. paulie

    I’ll do my best to keep this article updated throughout the trial.

    New articles would probably be better, if possible.

  3. paulie

    There should be no laws against carrying weapons, openly or concealed.

    Agreed.

    A person should have all of their rights restored once they are out of jail or prison for whatever it is that got them put in there.

    Agreed.

    What offense made Jim Duensing a felon?

    Dunno. Good question.

  4. paulie

    Were the cops ever tried?

    Not as far as I know. Cops pretty much have to shoot you for no reason whatsoever with lots of witnesses and video, and then maybe they get indicted – although not always.

  5. Dave Terry

    William Saturn
    October 30, 2014 at 10:57 pm

    “Were the cops ever tried?”

    VERY FUNNY!
    Yuk, yuk, yuk!

  6. Jill Pyeatt Post author

    The Facebook page says Jim is NOT a felon. He had no criminal record at all. He also had a concealed carry permit for his concealed gun. I’ll try to find out more specifically what the charges are. I just paraphrased what his mother wrote on the event page, and I found surprisingly little on a google search.

  7. Jill Pyeatt Post author

    Jim’s FB status from November 1:

    I have been posting updates on the malicious persecution against me for almost 5 years now on fb mainly so that I don’t have to tell everyone that is interested the same thing several times. The prosecution in my case – over the course of two successive prosecutors (the last elected prosecutor and this recently appointed one) has spent more time in court pleadings discussing my facebook posts than discussing several more relevant Brady-type exculpatory materials. For instance, instead of focusing on finding the missing Taser records to explain a cumulative report with dates going both forwards and backwards the prosecution has focused on posts my mother made as she vents about this situation, which has probably been more difficult for her than for me. Instead of finding witness statements from Brandi Burks, an eyewitness the RJ found at the scene but who Metro told to “go away or the same thing will happen to you” as she tried to volunteer what she saw from across the street when David Michael Gilbert #4488 “shot him(me) in the back and he was just running”. The RJ interviewed her that day. Metro has since spoken to her at least three times. More than a year after the incident, I was given a “surreptitious copy” of the only official police interview of Brandi, where she is understandably very upset and scared that the same thing might happen to her if she accepts the officers invitation to get in the back of a squad car.

    The prosecution is at it again. Today they fought the release of a public record on a public employee from his employment file that you and I pay for. I am eventually going to get a portion of that file relating to an incident which according to the prosecutor’s one paragraph summary details the shooter in my incident, David Michael Gilbert LVMPD #4488, was drunk and throwing rocks at cars passing his home. It appears an off duty Gilbert at least brandished a gun at the motorist and threatened “to beat his ass” if the upset driver got out of the car. Today the prosecution was seeking a protective order to prevent me from posting the details on fb. Can’t Imagine Why. Still, the importance of these documents pales in comparison to the importance of other evidence, including the time David Michael Gilbert LVMPD #4488 shot an unarmed bum accused of vagrancy instead of reading him a trespass notice and then manipulated evidence at the scene. A preponderence of the evidence shows that David Michael Gilbert #4488 then planted a pipe wrench on the victim and said he pointed it at him in a rediculously implausible explanation. The wrench was negative for the victims prints or blood, despite the three gunshot wounds and the large blood trail at the scene.

    The prosecutor also complained today about how long the trial has taken {as if the prosecution’s and Metro’s little poorly choreographed We-Can’t-Produce-It-Dance about their inability to find all the exculpatory material overflowing from their sources – as is required by law – and in many cases ordered by the court – weren’t designed to perpetually delay this matter to prevent the light of Truth from shining.} I finally got to see my attorney show the littlest bit of the anger and frustration that I have felt not only these past several years while the prosecution played hide the ball and run out the clock, but all the way back to the very instant I realized I had been shot and was about to die from my brachial artery wound and the blood coming from my heart. Turns out the brachial artery was in tact – a miracle according to the doctors. And the blood coming from my heart was just coming from a peripheral wound that burrowed a half inch hole through both my pectoral muscles and my ribs before exiting near my heart without puncturing the thoracic cavity – another miracle – according to the doctors. Maybe they are right, but from my experience as a firearms instructor, I think a healthy disrespect for the three secrets of marksmanship could also be a contributing factor.

    Regardless, since the prosecution reads my fb posts more than the files the law requires them to review, I am going to use this public forum to not only recap some of the transgressions against me in this matter for some of my friends and acquaintances here but also to bring some of you newer prosecutors up to speed. For instance, you might remember that the last delay in the trial was due to your failure to provide court ordered documents because you and your successors failed to adequately review the personnel files of several key witnesses in this case according to the court. The ones we have been discussing since the trial date was moved in October through to today’s hearing are a fraction of those Brady documents, but you know that better than me. You might not remember that the trial delay before that was due to the last prosecutor having a conflict several months out. It was probably also coincidental that y’all got assigned this case the week before it was set for trial last October.

    Stay tuned for future updates. But, first, I am going to clear my head with some long range rifle marksmanship. Aim small, Miss small. Oh and all you rats and cockroaches at Metro hiding in the nooks and shadows and – especially those of you hiding in plain sight – get ready to run. I’m about to flip the switch and shine the bright light of Truth on your criminal enterprise. You should have cut David Micahel Gilbert LVMPD #4488 loose a long time ago – like when he was drunkenly chucking rocks at passing cars, or when he shot John Slayden in the back, or when he shot me in the back. Or after the several other incidents in his publicly paid for personnel file that are “privileged” from public review. You have had your chances. Now it’s my turn. Justice is coming.

  8. Starchild

    Jim, you don’t sound very confident in your attorney seeing things as you do — I hope s/he is fighting the good fight on your behalf, and not playing “go along to get along”.

    Is there anyone we can call or email to support you in this case? To provide good character references perhaps? Or to ask them to prosecute this corrupt and murderous LVPD cop who tazed and shot you, David Michael Gilbert?

  9. Jill Pyeatt Post author

    I haven’t seen much about what’s going on with this trial last week, but here is Jim’s status for tonight:

    “Closing Statements will begin at 10:30 a.m. on Monday in courtroom 14D. Followed by a victory party at Main Street Station’s Brewery. If my reading of the jury is correct, they are more likely to lock up the prosecutors for wasting their time than me for getting shot in the back. I am very much looking forward to tomorrow. Come help celebrate.”

  10. Jim Duensing

    https://new.livestream.com/accounts/10875956/events/3575317 – a livestream of the courtroom hallway during jury deliberations.

    @ Starchild – I have been very pleased with the performance of my attorney’s Thomas Pitaro and Mike Micelli. They have both completely outclassed the state’s agents.

    To everyone – I appreciate all the prayers and support. This jury is mad that the prosecution has wasted their time on a case with no victim but the defendant. They now see it as a big drawn out charade to protect a bad cop. They will bring back a not guilty on all counts verdict in less than an hour.

  11. Jill Pyeatt Post author

    Debra Dedmon’s status:” Very sad day for Liberty in Nevada, Jim Duensing has just been found guilty on all counts….they have taken him into custody….no words.:(“

  12. Matt Cholko

    I don’t know the details of the case, so I won’t comment on the verdict. But, it certainly is disheartening when anyone is locked up, much a less a good Libertarian.

  13. Jill Pyeatt Post author

    I’ll post what I can find, when I can. Hopefully by tomorrrow there will be some write-ups about what happened during the trial. I actually don’t even know what the exact charges were.

    I’m not surprised, I’m afraid to say. Since the policeman shot him, they kind of had to convict him of something in case Jim files a civil lawsuit (which I hope he does). There’s a comment from someone that much of the evidence for the defense wasm’t allowed, such as past bad cop behavior form the shooter, yet Jim;s politics were allowed to be discussed in the trial. I want to know what happened.

    I don’t know Jim well, but I know him to be a principled activist, and he’s been a family man the past couple of years. I’m very sorry at this outcome.

  14. Andy

    “Jill Pyeatt Post author

    November 10, 2014 at 6:45 pm

    ‘Debra Dedmon’s status:’ Very sad day for Liberty in Nevada, Jim Duensing has just been found guilty on all counts….they have taken him into custody….no words.:(‘”

    This is truly a miscarriage of justice. Disgusting. Jim Duensing does not deserve this. I hope that he makes it through this ordeal OK.

Leave a Reply

Your email address will not be published. Required fields are marked *