Libertarian Attorney Jim Duensing Found Guilty on all Charges

DuensingNovember 12, 2014

 

By DAVID FERRARA
LAS VEGAS REVIEW-JOURNAL

Failed Clark County District Attorney candidate Raymond James “Jim” Duensing was convicted Monday on three felony charges stemming from a roadside confrontation with Las Vegas police.

After a more than weeklong trial, a jury convicted Duensing on charges of resisting a police officer, carrying a concealed weapon, and unlawful possession of a firearm in connection with a traffic stop on Oct. 29, 2009. An officer shot Duensing three times when he tried to run from the northwest valley scene.

The Pahrump attorney ran an unsuccessful bid on the Libertarian ticket this year to become Clark County’s top prosecutor and head the office that pursued the criminal case against him. He was the only opponent to incumbent Steve Wolfson, who was elected with 72 percent of the vote.

At the encounter along Cheyenne Avenue near Jones Boulevard five years ago, Metro motorcycle officer David Gilbert asked Duensing at least three times to turn around before the officer grabbed his stun gun. Duensing had outstanding traffic warrants, and Gilbert wanted to arrest him.

Duensing took the witness stand last week at trial and said the officer never told him why he was being arrested.

“I said ‘You’re not going to Tase me,” Duensing told jurors. “I was trying to process what was going on. I thought he had the wrong person.”

Duensing was hit with probes from the stun gun and started to run because he feared for his life, because he had heart and lung troubles, he told the jury.

Running, he said, “wasn’t really a conscious decision.”


Please finish the article here

Mr. Duensing has been a long-time Libertarian activist, including being the state Chairman of Nevada for a while. He has also run for office as a Libertarian, and was involved with the now-defunct Boston Tea Party.

44 thoughts on “Libertarian Attorney Jim Duensing Found Guilty on all Charges

  1. Jill Pyeatt Post author

    From what I can tell, the family was not expecting him to be found guilty. There’s relatively little talk today on the Facebook pages that I know were talking about the trial. I hope there is some kind of letter-writing campaign to the judge who will do the sentencing, and I will certainly be covering that (as well as writing a letter).

  2. Joe

    You’d think being shot three times might just be punishment enough for . . . well . . . for whatever they feel justified in punishing him for . . . (In fact, it seems to me, it should tilt the other way, but given that ain’t happening . . .)

  3. Jill Pyeatt Post author

    I guess I understand that the reason this victimless crime was pursued for so long was to deflect liability from the police department in case of a civil lawsuit. However, those idiot jurors had to buy into it. It was like the Kelly Thomas murder case in Orange County, where a small, obviously mentally ill man was beaten by three merciless shithead creep thugs–and then the jury let them walk.You know, the case where a bunch of people filmed the cops, while the poor victim called for his daddy? How incredibly stupid could those jurors has been?

    Well, I believe in Karma. They’ll get theirs soon enough.

  4. paulie

    There are many more cases like that which are a lot less known.

    https://www.facebook.com/groups/170534479641175/ is a good place to keep up with them.

    Unfortunately a lot of people, especially those who don’t wiggle out of jury duty, have a slavish mentality when it comes to cops, as if they can do no wrong.

    Well, I believe in Karma. They’ll get theirs soon enough.

    Let’s hope so.

  5. langa

    That sucks. Unfortunately, I can’t say I’m surprised by any of the shit that comes out of our so-called criminal “justice” system.

    Maybe Jim Gray can visit Duensing in jail and give him a lecture on how benevolent the cops are. I’m sure that would cheer him up.

  6. Andy

    “carrying a concealed weapon, and unlawful possession of a firearm”

    These people must not be familiar with the 2nd amendment.

  7. Joe

    langa @ November 12, 2014 at 1:36 am

    “Maybe Jim Gray can visit Duensing in jail and give him a lecture on how benevolent the cops are. I’m sure that would cheer him up.”

    OK, I snorted my root beer on that one.

    Then Governor Johnson could bring by the legal cure for both eboahwlah and imprisonment (and gunshot wounds).

    Joe

  8. Mark Axinn

    >Unfortunately a lot of people, especially those who don’t wiggle out of jury duty, have a slavish mentality when it comes to cops, as if they can do no wrong.

    I have actually heard people say (in jury duty selections), “Well the copps arrested him so he must be guilty.”

    I imagine Nick and other public defenders deal with that kind of slavish response all the time. My mother once tried it to get out of jury duty and the Judge told her that he knew she did not really believe that and made her the foreman of the jury.

    They acquitted.

  9. Andy

    Mark Axinn said: “I imagine Nick and other public defenders deal with that kind of slavish response all the time.”

    Assuming that you are referring to Nicholas Sarwark, according to what I have read online, he no longer works as a public defender, but I would guess that he probably did encounter this type of response back when he did work as a public defender.

  10. paulie

    I’ve heard people say things like that in all seriousness. That and “if you didn’t do anything wrong you have nothing to hide.” But hey don’t extend that logic to the cops, the military or any other part of government.

  11. David

    If Juries knew of their powers to judge the law, a side from the judge’s instructions, just maybe things would be different. We know that juries can’t be punished for their verdicts. Judges don’t want to give up that power.

  12. paulie

    Sean Gruber? > Jim Duensing
    21 hrs ·

    For Jim’s Commissary (so Jim can buy some coffee or make a phone call, buy some TP or maybe get that meatball sub and Doritos’s he sent his dad after fifteen minutes before he was kidnapped for being shot three times…. )

    Use, the options are:
    1 – Cash taken into the office and added to his Inmate account.
    2 – Credit card use info is at this link – http://www.clarkcountynv.gov/de…/ccdc/Pages/InmateFunds.aspx
    3 – Money Orders can be mailed to Clark County Detention Center, 330 S. Casino Center Blvd. Las Vegas, NV 89101, Attention to: Raymond J Duensing, Jar, Inmate ID# 01841986. Made payable to CCDC Inmate Trust Account.

    They will NOT take personal checks.

    Also if you use a Credit Card they will take out fees. I.e. $100.00 paid and Jim was given $87.00 credit.

    When Jim is sentenced this information will change so we will try to keep you informed.

    If you feel you can not share your personal information in this but you still want to help- $$- private message me and we will try to make arrangements for a cash only option.

  13. paulie

    Beth Duensing The best way to get money to Jim for his commissary account would be to give it to Angy. There are different accounts set up for Jim for both phone use and commissary. For Jim’s safety there should not be excessive funds in these accounts. Please provide any donations for Jim’s accts to Angy. She will ensure his accounts are appropriately funded and Jim will gain peace of mind by knowing she can afford to visit etc. Thank you. https://www.facebook.com/angylove

  14. paulie

    Beth Duensing Jim can receive mail. Do note that EVERYTHING he receives will be open and read. Mail may not contain crayon, metallic ink, news clippings, glue, glitter, powder, pop-outs, etc.

    Raymond James Duensing
    ID# 1841986
    Clark County Detention Center
    330 South Casino Center Drive
    Las Vegas, NV 89101

  15. paulie

    Jason Nellis
    November 10 at 5:21pm · Edited ·

    Justice has failed today. Jim was found GUILTY on ALL charges. He was taken away, as the prosecutor requested he be taken in immediately without bond because they say he resisted with the gun, and the judge approved. Sentencing is January15th.
    — with Jason Smith and 16 others at Regional Justice Center.

  16. Andy

    “Jill Pyeatt Post author

    November 11, 2014 at 10:14 pm

    I guess I understand that the reason this victimless crime was pursued for so long was to deflect liability from the police department in case of a civil lawsuit. However, those idiot jurors had to buy into it. It was like the Kelly Thomas murder case in Orange County, where a small, obviously mentally ill man was beaten by three merciless shithead creep thugs–and then the jury let them walk.You know, the case where a bunch of people filmed the cops, while the poor victim called for his daddy? How incredibly stupid could those jurors has been?”

    This is exactly why Libertarians need to be far more vocal about the issue of jury nullification. I’ve been saying this for a long time, and I’m going to keep on saying it. If more people knew about the right of jury nullification, I think that more people would be willing to serve on juries. The problem is that hardly anyone knows about the right of jury nullification, and this, combined with government prosecutors actively trying to eliminate anyone who thinks for themselves from serving on juries through the voir dire process, it why most juries consist of the most mind numbed state worshippers around.

    Spreading the word about jury nullification is a way for Libertarians to be effective even if they do not get elected to office.

  17. Starchild

    What a miscarriage of justice! So sorry for Jim and his family about this outrageous outcome. Hopefully karma will indeed prevail.

    David and Andy are of course right about the importance of spreading the word about juror rights (aka jury nullification) — more info available at the website of the Fully Informed Jury Association, among other sources, at http://www.FIJA.org

    I wonder whether the jail rules allow libertarian literature to be sent to Jim, for him to share with other inmates.

  18. paulie

    David and Andy are of course right about the importance of spreading the word about juror rights (aka jury nullification) — more info available at the website of the Fully Informed Jury Association, among other sources, at http://www.FIJA.org

    Exactly!

    I wonder whether the jail rules allow libertarian literature to be sent to Jim, for him to share with other inmates.

    It’s worth a try. I know some inmates do receive political mail and publications. There may be some restrictions though. You could ask the jail, I suppose.

    I tried a snail mail via email thing a couple of hours ago but it was supposed to send me a confirmation email and didn’t so I am guessing it did not work.

  19. Beth Duensing

    Thanks everyone for your kind words of support.

    Starchild, I don’t know about political literature, but there is a small library where Jim may be able to leave libertarian themed paperback books after he’s read them. Jim is an avid reader. I know his time will go by more quickly if has books to read.

    To give you an idea of his choice of reading material I’ve already ordered at his request:

    A Geometric Analysis of the Platonic Solids and Other Semi-Regular Polyhedra (Geometric Explorations Series) by Kenneth J.M. MacLean
    and
    A History of Money and Banking in the United States (Large Print Edition): The Colonial Era to World War II by Rothbard, Murray N.

    Several of Jim’s friends in NV have also asked about sending books and he’s said he would welcome and appreciate any books that they have enjoyed. With that in mind, I’ve also sent the first two books in Michele Poague’s trilogy, Heir to Power and Fall of Eden that I enjoyed and Paul Revere’s Ride by David Hackett Fischer that Jim’s Dad enjoyed.

    Thank you in advance to anyone that would like to send one of their favorite books to Jim.
    There are rules of course – books must be sent directly from the publisher or a commercial dealer – see instructions from their website I’ve pasted below:

    All incoming mail will be opened and inspected for contraband prior to delivery.
    The following information is required on all incoming inmate mail:

    Raymond James Duensing
    ID # 1841986
    Clark County Detention Center
    330 South Casino Center Blvd.
    Las Vegas, NV 89101

    Publications acceptable for distribution to inmates include magazines, periodicals, soft-covered books, and newspapers must be mailed directly from a publisher or commercial dealer. Items from a commercial dealer must clearly identify the contents. Pornographic material of any kind will not be allowed or accepted.

    The following items and contents listed (but not limited to) will not be allowed in the inmate’s mail:

    Un-cancelled stamps, blank stationery or cards, blank or self-addressed envelopes and cards with glitter.

    Nude, partially nude, or sexually explicit items in nature.

    Obscene literature.

    Any article that could be considered a health hazard.

    Cards, letters, or photographs that are glued, taped, or stapled together.

    Cards or photographs larger than 6″ x 8″; acceptable-sized photos are limited to 15.

    Any article containing or having been marked with any substance(s) not readily identifiable as being acceptable; including but not limited to: glitter, crayon, or white-out.

    Any item that could be used to circumvent or subvert the safety and security of the facility.

  20. Beth Duensing

    I hope your letter gets to Jim Paulie. I followed the snaimmailmyemail link to their Face Book page though and found that they have discontinued the service. The message below was posted:

    It’s bittersweet to say Snail Mail My Email has come to an early closure this year.

    Since Monday, we’ve received over 7,000 letter submissions!!!!!!
    (To put this into perspective, we received 10,457 letters over the course of one full month in 2011. That’s 327 letters per day vs. 1400.)

    We’re deeply grateful for all who participated, especially our AMAZING volunteers. Please read the attached PDF for more details.

    Thank you, thank you, thank you!

    Warmly,
    Ivan, Founder
    Terry, Administrator
    Team SMME

    http://snailmailmyemail.org/smme-public-letter-nov-14-2014.pdf

  21. paulie

    It was a one week promotion from Nov 10-16. Ask him if he got it, but if not all I basically said is that he is welcome to snail mail me, and/or send something to be posted on IPR, pass that along if you get a chance. I’m out of the snail mail habit for many years but I have been in a lot of jails (fortunately never for very long so far) and always wished people would snail mail me since I was cut off from my normal means of communication – no internet, phones very expensive and with other inmates waiting to use them, able to call only people whose phone numbers I had memorized or could get someone to give me their number and who were willing to accept the ridiculously high charges. Also since I’m on the road all over the country I was too far for most people I know to visit the times I have been locked up. So I got an appreciation for the value of snail mail those times….but on the outside I am hard to reach that way since I bounce around so much. At the moment I do have a snail mail address that is fairly reliable until I get my next gig on the road, but most of the time that is not the case. Regardless, we have other people here who may be reachable by snail mail as well if Jim wants to stay in touch with us here. It would be good to hear from him at least from time to time (or maybe you could give us updates if he doesn’t feel like writing). Hopefully he’ll be out soon.

  22. paulie

    He still has sentencing left, and of course appeals. He’s locked up now because the judge accepted the prosecution’s ridiculous assertion that he is a danger to society if he remains on the loose while awaiting sentencing.

  23. Jill Pyeatt Post author

    Beth, thanks for checking in with us. If you see Jim, please express our concern for this injustice.

    I’d be really happy to write a letter to the sentencing judge telling him how valuable Jim is to his family and community, if that will help.

  24. Beth Duensing

    Please DO NOT contact the judge.

    Jim’s attorney’s ask that all letters requesting leniency in sentencing be sent through their office so they may put them in the appropriate context and order that will best help Jim. I will post the letter format suggested by his legal team and their address ASAP.

    Thank you for your patience and support.

  25. paulie

    Thanks Beth, we’ll help whatever way we can in the ways the attorneys suggest. Sentencing is in January according to the newspaper story, is that still correct?

  26. Nicholas Sarwark

    What Beth said.

    In my experience, I’ve yet to have a letter sent directly to the court by either a client or client’s friends/family have a more positive effect than one sent by me as part of a mitigation packet.

  27. Beth Duensing

    Thanks Nick.

    Paulie – the snailmailme thing is an excellent idea that I would be happy to continue for anyone that wants to send Jim mail. I mail to Jim frequently and would be happy to print and snailmail any emailed messages for him sent to: FundJimsAppeal@weknowthetruth.net This email address is also set up with PayPal should anyone wish to send a monetary donation/gift to help fund his appeal.

    Paulie and/or Jill please send me an email so that I may send you more information.
    Thank you.

  28. Pingback: Three Years After: Phil Davison for President | The Saturnalian

  29. paulie

    Tasha Heath shared her post.
    6 hrs
    Tasha Heath

    You still have time to mail your letter of character for Jim Duensing today and even if you don’t get it in the mail today, call me and I will personally spend all day tomorrow picking up letters then drop them to his lawyer first thing Monday morning. It’s THAT important y’all.

    Thank you to everyone who has already written a letter and sent it in. I had the pleasure to read some of the ones you guys sent me and all I can say is that they are beautifully written and really show what a great man Jim is. I cried. I know Jim, Angy, and the family truly appreciate everyone’s efforts. I’m glad we can all come together, work hard and try to make a difference. I truly appreciate the doers in my life. There are so many of you who don’t just talk but walk the walk. I that!!

  30. Pingback: Jim Duensing, Libertarian Activist Shot by Police in Nevada, Sentenced to Probation | Independent Political Report

Leave a Reply

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