User Panel
Posted: 7/14/2022 9:58:03 PM EDT
[Last Edit: bigbore]
The bad guys lawyers filed a R.41 dismissal. In Ohio that means they have 1 year to start it all over again, but as of today it's over.
This entire thing was a bullshit bluff all along. We called them on it and didn't offer a penny in settlement. They knew they would never win at trial so they quit. They can refile, but their lawyers know its a lost cause and, and I can't imagine any other lawyers will want to pick this up and expect a different outcome. Thanks for all the support, it's been a wild ride, and fortunately the bad guys lost. To better understand how bad the trial would have gone for them read this - parents depositions. Imagine my attorneys cross examining them in front of a jury! Document Dump of the process Timeline June, 2 2020 link A Lucas County Common Pleas Court Judge grants a Restraining Order against Jerry Zohn as a result of a motion submitted by his wife's attorney which states " violence that occurred between them". Morning July, 2 2020 - link Allison and Jerry conspire to commit a felony when Allison asks Jerry buy a gun in his name for her and she'll give him the money, because she said she was a prohibited person due to being in a mental institution. Afternoon July, 2 2020 link Allison and Jerry follow through with the felony act and Jerry buys a .22 Ruger Wrangler Revolver which he gives to Allison. July, 7 2020 link Jerry(lives with a friend while going through a divorce) and Allison(lives with her parents) spend the night in a hotel 67 miles from their homes. Allison told her mom she "had her own hotel room". Jerry said they stayed in the same room, but in separate beds. July, 8 2020 link Allison kills herself using the revolver Jerry bought. July, 29 2020 link Detective Albright STPD speaks with the owner of ADCO Firearms and states Allison used the gun Jerry bought to kill herself. July, 30 2020 link to video Jerry Zohn is interviewed by Detective Albright STPD May, 27 2021 Jerry Zohn is indicted federally for lying on the 4473 June, 22 2021 link Jerry Zohn is arrested by ATF. August 24 2021 link Jerry Zohn files for bankruptcy October, 5 2021 Jerry Zohn pleads guilty in federal court to Counts 1 of the Indictment and is convicted under 18:922(A)(6) October, 14 2021 link Allison’s parents hire a Toledo law firm and open the estate to sue Jerry for wrongful death, but are told he has no insurance, so there is nothing they can put their hands on. March, 18 2022 Jerry Zohn is Sentenced for a term of 10 months Home Incarceration as to Count One of the Indictment; to serve 2 years supervised release and to pay $100.00 special assessment June, 22 2022 link Plaintiffs who "opposes citizens having firearms" hire a law firm from Columbus who is a spotlight donor to the Brady Campaign to sue ADCO July, 6 2022 link Allison’s parents file against ADCO firearms for wrongful death September, 9 2022 link Why you ask? In the plaintiff's words - link 1 link 2 Allisons parents through the Toledo law firm close the estate stating they are no longer pursuing a wrongful death claim. October 27, 2022 Jerry Zohn Deposition - Zohn didn't show up. December 19, 2022 Deposition link Jerry Zohn Deposition January 12, 2023 Trial scheduled for January 30, 2024 January 19, 2023 link Parents(plaintiffs) Deposition February 20, 2023 Steve Thompson Deposition - Plaintiff cancels deposition at last minute. March, 17 2023 link ADCO files motion to dismiss because the Estate was closed by the plaintiff on 09/09/2022 March, 20 2023 My insurance company of 20yrs and zero claims drops me. March, 28 2023 Plaintiffs reopen the estate. May, 4 2023 New insurance is acquired but at a 500% increase due to the open claim. June 5, 2023 Steve Thompson Deposition - Plaintiff cancels deposition at last minute. June 30, 2023 New Trial Date May 21 2024 July 21, 2023 Plaintiffs send settlement demand letter, state that their expert testimony will establish ADCO recklessly... August 9, 2023 Deposition Link Steve Thompson Deposition August 10, 2023 What a bold bluff! The settlement demand letter is rejected by defendant. October, 9 2023 Plaintiff Expert witness reports released. They're a joke. The statements made in the demand letter regarding said "experts" was a BLUFF. They have nothing. October 19, 2023 Judge denies motion to dismiss and states the closing of the estate was a mistake of the court. December 22, 2023 Summary Judgment Motion January 4, 2024 Suicide Expert witness deposition - try to read THIS without laughing at the absurdity. January 19, 2024 Firearms Expert, Expert witness deposition - try to read this and this without laughing at this hack. Present Day They have yet to produce a single piece of evidence to contradict my statement to Detective Albright that there were no indications they were attempting to make a straw purchase. |
|
I'm no good at telling people what they want to hear when I dont believe it myself :)
|
Originally Posted By spmx7777: ATF regulations define straw purchase, not federal law. The federal crime is still the same though, lying on the 4473. The current straw purchase definition is if you’re buying the firearm for someone else. An older straw purchase definition, and I believe the original, is if you’re buying the firearm for a prohibited person. Keeping up with nearly constant regulation changes is a headache. View Quote It's covered Under section 21a on the back of the 4473 that you can purchase a firearm for someone as a gift. That is the only exception to buying a firearm for someone else. |
|
LIVE FREE OR DIE!
|
I can't believe the lawyer who worded this bull shit didn't spontaneously burst into flames from all the lying lying lying...
"This Lawsuit does not challenge the rights of responsible gun dealers to provide guns to law abiding citizens in a safe, legal & reasonable manner " ... This lawsuit is EXACTLY meant to "Challenge" the Rights of a Gun Dealer like you to provide great guns to citizens like US... BIGGER_HAMMER |
|
LIFE'S JOURNEY IS NOT TO ARRIVE AT THE GRAVE SAFELY IN A WELL PRESERVED BODY,
BUT RATHER TO SKID IN SIDEWAYS, TOTALLY WORN OUT SHOUTING "HOLY $H!T...WHAT A RIDE"!! |
What a crock of shit. Good luck going forward.
|
|
We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
I will die for the USA. But, I'd rather kill for her---DeathHates NRA BN Life; SAF Life; GOA Life; old Infantry soldier! |
Good luck in your fight!
Add an item to your store called, "Defense Fund Donation" and allow folks to contribute for your legal fees. |
|
|
In for the legal fund.
Hope it doesn’t to ugly for you |
|
Only gay mods give account warnings
|
This is a load of shit, OP. If we get a donation site set up to help with expenses I'm happy to contribute. I've not used your services but I know many here have, and this is a good reason to circle the wagons and have each others' backs.
|
|
When faced with crisis, the man of character falls back on himself.
|
Jerry Zohn is the culpable one in this event.
|
|
So fill to me, the parting glass, good night and joy be with you all.
|
Originally Posted By Lug1: @BigBore If you make some product, say along the line of the Dillo's LaRue makes to Nolo, I will purchase. I bet everybody will. Not a freebie fundraiser, everybody wins, and has a token to show for it. Just sayin.... Or you get a givesendgo I will donate to that. Just brain storming. View Quote Absolutely! Damn shame that good people have to put up with this BS in the first place, and I'm terribly afraid it's only going to get worse in the coming years. |
|
"Like anybody would tell Joe Biden what the country's real plans are. He still hasn't figured out that his "laptop" is actually an Etch-A-Sketch." - Mech2007
So gross even my fat wife agrees she's gross. - ConfoundZ |
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.org/
|
The charges use "knowingly" quite a bit.
At the time it may not have been an apparent straw pruchase |
|
"We will always remember. We will always be proud. We will always be prepared so we may always be free." Ronald Reagan 1984
"Mitch the democrat bitch" |
Reads like complete bullshit.
|
|
|
Do not cave, do not leave this to your insurance since to them it will only be about their money and not right vs wrong.
If you need help ask, but if you let you insurance company settle, you are basically feeding ducks in a pond and before long more and more ducks will show up to poop in the 2A pond. Remember, if you treat this like it's only about you, many will leave you on your own. Remember how most hear feel about Remington's insurance caving. |
|
"War is less costly than servitude. The choice is always between Verdun and Dachau." -Jean Dutourd
www.450bushmaster.net |
Hmm, The gun would not have been sold if the state had not approved.
|
|
|
What is the exact meaning of “Zohn immediately gave the firearm to Roebke”?
|
|
So fill to me, the parting glass, good night and joy be with you all.
|
|
Everyone here knows you didn't do anything wrong, including me. That being said, you fucked up when you mentioned the "strange dynamic." By talking to the police, you had nothing to gain and everything to lose.
The only words you should ever tell the police as a suspect or potential suspect are "I am exercising my Fifth Amendment right to remain silent and I want to contact my lawyer." I wish you the best and hope you beat this bullshit lawsuit, but I'd be lying if I said the odds were good. Get ready to fight the goblins in suits, brother. |
|
|
deleted
|
|
|
I am an attorney, I am not your attorney, I would request site staff delete this thread.
|
|
|
Originally Posted By sunburn: If I were in your shoes I would want to know what the medications were and what her mental health history was like. View Quote I would like to know how she knew she was a prohibited possessor. I don’t think that’s something a non-gun person would about themselves. |
|
So fill to me, the parting glass, good night and joy be with you all.
|
So fill to me, the parting glass, good night and joy be with you all.
|
So fill to me, the parting glass, good night and joy be with you all.
|
Originally Posted By KILLERB6: What is the exact meaning of "Zohn immediately gave the firearm to Roebke"? View Quote No way ADCO could have known it was the chick's money, unless she handed to Zohn in plain view in the store. I'm in for donating legal funds. I might need ADCO's services in the near future, gotta make sure you stick around. |
|
Repeal all gun laws, arm all Americans.
|
|
|
|
Who else is calling the plaintiff’s attorney tomorrow to tell them they are pieces of shit?
|
|
|
deleted
|
|
|
LIVE FREE OR DIE!
|
What would John Moses Browning do?
CA, USA
|
What the actual fuck. Hope it bankrupts the estate of the plaintiff and all your expenses are reimbursed. "clear red flags", my ass.
These relatives -- greedy & stupid -- may all fuck be upon them. |
Sherrie Fanette Rives "CeCe" Riot Queen 1961 - 2021
Brian Michael Wallace "FCSD2162" 1980 - 2022 Together at last, wreaking havoc in Heaven. |
So fill to me, the parting glass, good night and joy be with you all.
|
Originally Posted By LuckyDucky: All those posting that Zohn should be the liable one, certainly. But that doesn't necessarily mean OP couldn't be liable. Again, I don't know Ohio law, I am not OP's attorney, nor am I licensed in Ohio. OP should consult an Ohio lawyer about any suggestions or discussion of law in this thread. But in general, there are concepts of contributory or comparative negligence. Even if OP were liable, others could potentially be too, such as Zohn, the decedent Roebke (effectively the Plaintiff), her therapist, her family, and anybody that could conceivably have had a duty and breached such duty with respect to Roebke. This could reduce OP's potential liability, potentially to nothing depending on Ohio law. Again, I don't know Ohio law and whether it is strict contributory negligence, comparative, modified, or something else. OP should consult his Ohio lawyer. View Quote Withing the terms are right and wrong OP has no culpability. And WE ALL need to stand up for that in OUTRAGE, like the leftists do for their pet projects. If they twist the law into some culpability, well they have twisted the law. Quit telling us how that may not be true. No idea whats up with all that, but being the smartest kid in the room is not a virtue, especially when you don't know Ohio law. OP has said he is consulting an attorney. Sorry if thats blunt, not trying to be a dick, I am sure you probably weren't trying either. |
|
There is a reason some rookies roll more hose than others....
Sir Lug1, charter member Knights of Wonder |
This legal document reads like a high school debate club argument written by an overly dramatic teenage girl.
|
|
|
Does this mean that I can sue Ford and the State of NC for the Lady that ran a red light in her Explorer and nearly killed me? What were they thinking when they gave her a license?
|
|
|
Originally Posted By dlshady: Absolutely! Damn shame that good people have to put up with this BS in the first place, and I'm terribly afraid it's only going to get worse in the coming years. View Quote View All Quotes View All Quotes Originally Posted By dlshady: Originally Posted By Lug1: @BigBore If you make some product, say along the line of the Dillo's LaRue makes to Nolo, I will purchase. I bet everybody will. Not a freebie fundraiser, everybody wins, and has a token to show for it. Just sayin.... Or you get a givesendgo I will donate to that. Just brain storming. Absolutely! Damn shame that good people have to put up with this BS in the first place, and I'm terribly afraid it's only going to get worse in the coming years. I’m in as well. We all need to stick together and support one another as best we can. If these commie pricks get their way, we’ll all have our turn in the barrel. |
|
“You are entitled to your opinion, but you are not entitled to your own facts.”
-VP Mike Pence |
Originally Posted By KILLERB6: I would like to know how she knew she was a prohibited possessor. I don’t think that’s something a non-gun person would about themselves. View Quote View All Quotes View All Quotes Originally Posted By KILLERB6: Originally Posted By sunburn: If I were in your shoes I would want to know what the medications were and what her mental health history was like. I would like to know how she knew she was a prohibited possessor. I don’t think that’s something a non-gun person would about themselves. She probably wasn't. Mental health records aren't tied into background checks unless a person was declared mentally defective through the court system. Medical records (and mental health) are protected under federal law and aren't tied into the background check. It was a straw purchase though because the person that bought the gun did so knowingly that it was for her and she thought she was a prohibited person. The buyer is fucked. |
|
LIVE FREE OR DIE!
|
|
"George said "TAX? Fuck that, I THE FUCKING MAN!" Then took a bunch of shots of the whiskey he made himself and shot King George in the goddamned face." -RustedAce
|
Originally Posted By LuckyDucky: My typical recommendation is radio silence. Does that happen with all my clients? Of course not. @duke23433 View Quote View All Quotes View All Quotes Originally Posted By LuckyDucky: Originally Posted By duke23433: I am an attorney, I am not your attorney, I would request site staff delete this thread. My typical recommendation is radio silence. Does that happen with all my clients? Of course not. @duke23433 "I knew I had the RIGHT to remain silent... I just didn't have the ABILITY to remain silent ... Funny stuff from the 'Tater, but it does have that powerful element of truth... BIGGER_HAMMER |
|
LIFE'S JOURNEY IS NOT TO ARRIVE AT THE GRAVE SAFELY IN A WELL PRESERVED BODY,
BUT RATHER TO SKID IN SIDEWAYS, TOTALLY WORN OUT SHOUTING "HOLY $H!T...WHAT A RIDE"!! |
Originally Posted By TaskForce: She had been hospitalized for mental health. That's probably something they tell you when you book out. View Quote View All Quotes View All Quotes Originally Posted By TaskForce: Originally Posted By KILLERB6: I would like to know how she knew she was a prohibited possessor. I don't think that's something a non-gun person would about themselves. She had been hospitalized for mental health. That's probably something they tell you when you book out. Did she volunteer to go, or was she forced? Pulled this from an AFT pdf A person is "committed to a mental institution" if that person has been formally committed to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment: To a mental institution involuntarily; For mental defectiveness or mental illness; or For other reasons, such as for drug use. The term does not include a person in a mental institution for observation or by voluntary admission. |
|
Repeal all gun laws, arm all Americans.
|
deleted
|
|
|
Originally Posted By TaskForce: She had been hospitalized for mental health. That's probably something they tell you when you book out. View Quote View All Quotes View All Quotes Originally Posted By TaskForce: Originally Posted By KILLERB6: I would like to know how she knew she was a prohibited possessor. I don’t think that’s something a non-gun person would about themselves. She had been hospitalized for mental health. That's probably something they tell you when you book out. Medical records are protected under federal law, including mental health. a person would have to have been declared mentally unfit through the court system. |
|
LIVE FREE OR DIE!
|
|
Originally Posted By Liaztraht: I thought it was only under involuntary commitment to a mental institution. Did she volunteer to go, or was she forced? Pulled this from an AFT pdf View Quote View All Quotes View All Quotes Originally Posted By Liaztraht: Originally Posted By TaskForce: Originally Posted By KILLERB6: I would like to know how she knew she was a prohibited possessor. I don't think that's something a non-gun person would about themselves. She had been hospitalized for mental health. That's probably something they tell you when you book out. Did she volunteer to go, or was she forced? Pulled this from an AFT pdf A person is "committed to a mental institution" if that person has been formally committed to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment: To a mental institution involuntarily; For mental defectiveness or mental illness; or For other reasons, such as for drug use. The term does not include a person in a mental institution for observation or by voluntary admission. This is correct, it would have to have been ordered by the court. |
|
LIVE FREE OR DIE!
|
Originally Posted By LuckyDucky: Is the best strategy to argue only that there can be no liability in OP's case, and not that if there is liability, it should be limited because... insert reasons here? What if he loses on motion to dismiss and summary judgment and has to go to trial? You might be right. You might not. What would a jury think? Did you focus group it? @Lug1 View Quote View All Quotes View All Quotes Originally Posted By LuckyDucky: Originally Posted By Lug1: Regardless of what you may be under the illusion of thinking, you are not helping at all in this situation. Withing the terms are right and wrong OP has no culpability. And WE ALL need to stand up for that in OUTRAGE, like the leftists do for their pet projects. If they twist the law into some culpability, well they have twisted the law. Quit telling us how that may not be true. No idea whats up with all that, but being the smartest kid in the room is not a virtue, especially when you don't know Ohio law. OP has said he is consulting an attorney. Sorry if thats blunt, not trying to be a dick, I am sure you probably weren't trying either. Is the best strategy to argue only that there can be no liability in OP's case, and not that if there is liability, it should be limited because... insert reasons here? What if he loses on motion to dismiss and summary judgment and has to go to trial? You might be right. You might not. What would a jury think? Did you focus group it? @Lug1 As a gun forum, not legal advice or obligation, we would be better served with pure support. You have, in my opinion, given reason why the OP could have culpability. And the shitbirds lawyer could be screen shotting it, saying to a jury, see even gun forums can't agree. Sorry those are my thoughts. In now way am I saying you are a bad person. I am saying you are caught up in your job rather than being a forum member. Liberty, do your thing, between you, the mods, and COC. And I am certainly not saying you are breaking the COC. I just don't think you are being helpful, HIS LAWYERS will do that. |
|
There is a reason some rookies roll more hose than others....
Sir Lug1, charter member Knights of Wonder |
Originally Posted By Lug1: My point is his good lawyers will counsel him on that. As a gun forum, not legal advice or obligation, we would be better served with pure support. You have, in my opinion, given reason why the OP could have culpability. And the shitbirds lawyer could be screen shotting it, saying to a jury, see even gun forums can't agree. Sorry those are my thoughts. In now way am I saying you are a bad person. I am saying you are caught up in your job rather than being a forum member. Liberty, do your thing, between you, the mods, and COC. And I am certainly not saying you are breaking the COC. I just don't think you are being helpful, HIS LAWYERS will do that. View Quote View All Quotes View All Quotes Originally Posted By Lug1: Originally Posted By LuckyDucky: Originally Posted By Lug1: Regardless of what you may be under the illusion of thinking, you are not helping at all in this situation. Withing the terms are right and wrong OP has no culpability. And WE ALL need to stand up for that in OUTRAGE, like the leftists do for their pet projects. If they twist the law into some culpability, well they have twisted the law. Quit telling us how that may not be true. No idea whats up with all that, but being the smartest kid in the room is not a virtue, especially when you don't know Ohio law. OP has said he is consulting an attorney. Sorry if thats blunt, not trying to be a dick, I am sure you probably weren't trying either. Is the best strategy to argue only that there can be no liability in OP's case, and not that if there is liability, it should be limited because... insert reasons here? What if he loses on motion to dismiss and summary judgment and has to go to trial? You might be right. You might not. What would a jury think? Did you focus group it? @Lug1 As a gun forum, not legal advice or obligation, we would be better served with pure support. You have, in my opinion, given reason why the OP could have culpability. And the shitbirds lawyer could be screen shotting it, saying to a jury, see even gun forums can't agree. Sorry those are my thoughts. In now way am I saying you are a bad person. I am saying you are caught up in your job rather than being a forum member. Liberty, do your thing, between you, the mods, and COC. And I am certainly not saying you are breaking the COC. I just don't think you are being helpful, HIS LAWYERS will do that. @Lug1 You're Mr. Lemar Blazing Saddles - "Rivulets Of Thought ... " |
|
LIVE FREE OR DIE!
|
Originally Posted By PreemptiveStrike: @Lug1 You're Mr. Lemar https://www.youtube.com/watch?v=37v-6Zs5T10 View Quote |
|
There is a reason some rookies roll more hose than others....
Sir Lug1, charter member Knights of Wonder |
So, having done more backgrounds than I could count, how was she determined to be a prohibited person? People often misconstrue what the law actually says about mental health. Involuntary hospitalization is a broad term and does not automatically equal prohibited person status.
I like #9- Adco also violated it its duty of care I am guessing they didn't even auto-proof this one. If you follow #43 which claims ADCO is an agent of federal LE, sounds like qualified immunity would fall right in line with that. Also a huge assumption that she would not be dead by another method. #140 has some serious criminal allegations saying those laws were violated. Sounds like a good way to hit back with a civil suit. |
|
GREENMACHINE1: The facts is it was a tool, the same as if they had cornered him in a peep show and beat him to death with a 24" Black Dildo!
|
I find it peculiar that people tend to find the plaintiff's attorneys in such cases off limits.
They ought not feel safe trying to ruin people's lives. Speaking only of Minecraft, of course. |
|
And then, he arrives at the last item on his bucket list...
|
Definitely set up a fund for this. Yes, your insurance will take care of a lot of it. I’m personally in for $100 if there is a way to donate. Never used your services (yet) but I recommend it to many people.
Good luck; there are many people in this country out to get all retailers/manufacturers/retailers. Total BS. We are all in this together. If we don’t help out own, we are all fucked!!! |
|
|
Deleted
|
|
|
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.