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Do You still “THINK” we have a 2nd
Amendment?
Well WE DON”T!!
Not since The“Lautenberg”act of 1996 !!
On April 4th,1994 the commonwealth (not my daughter) charged me, with 18 PaCS §2701a1
Simple Assault: defined as “threatening” bodily harm. If the victim is over 12 years of age it’s
a 2nd degree misdemeanor. (The lowest point on the grading scale if there's no prior
arrests as was mine) The 1994 Altoona Police Report clearly states I made her cheek
“red”.The”victim” is my daughter (Bobbyjo Tyack) she was 16 at the time. I was also charged
with 18 PaCS §2709a1: defined as “Harassment” a summary. (I never raised a hand to my
daughter, not then nor the 21yrs since) My public defender at the time (PHILLIP O
ROBERTSON) told me I could be found guilty for just threatening to make her cheek red, I
didn’t need to actually strike her to be found guilty, (Toya Gram) the Afro American mother
who repeatedly slapped her son when she saw him on television protesting, at the Boston
riots she was praised as a hero,or again the Afro American football player who was caught
on video dragging his live in girlfriend out of an elevator on national television, then there
was the soccer player ejected for kicking and punching the other teammates,if you want
closer to home there was the police officer who beat up the kid at a concert in Pittsburgh
behind a bus full of police officers,I’m aware only the two Afro Americans were domestic
they weren’t charged with domestic abuse,but I do have quite a collection I cut out of the
Altoona mirror that were charged with simple assault that are domestic and they're not
prevented from owning a stun-gun (I only know them from the newspaper so I’m not aware
of their ethnic background).Attorney Robbertson also told me I could plead “Nolo Contendere”
(also known as the Alford plea) without admitting guilt. THE HONORABLE JUDGE NORMAN
D.CALLAN, (the Magistrate Judge at the time) my daughter, my public defender, and I all
agreed to reduce my charges to a Summary if I accepted a plea. Only after I insisted Attorney
ROBERTSON cross out the word guilty and replace it with the word “Nolo” on the plea did I
accept that plea. Judge CALLAN gave me the summary as promised and added he would “merge
the summary of Harassment into a simple assault,and no separate sentence can be
imposed”. Indicated on my 1994 arrest report case number CP-07-CR-408 1994
On August 9th, 1996 two years after my Alford plea agreement to the commonwealth. State
law 18 USC §922g9ii was passed (without my knowledge).That law makes it unlawful for
anyone who has ever been found guilty in any state of the misdemeanor crime of domestic
violence to possess a firearm i.e. stun-gun.
In Pennsylvania Domestic violence is defined as: Any force including name calling that will
change a person's behavior (with no statute of limitation).
If Barney Rebel called Pebbles a name that would change her behavior. It would be unlawful for
him to ever have access to a firearm/stun-gun,or any electronic incapacitation device (even
if they were deemed to be non functional today).
Or if your 11 yr old daughter decided to go out at 3:oo AM with a car full of drunken teenagers
a parent or guardian couldn’t legally do anything to change her mind.
This is why we as parents are so unwilling to teach our kids the respect they so
desperately need today, I also believe this is why our youth are forced from their homes
at such an early age with nowhere to go.(the Lautenberg act makes it illegal to raise your
own kids)
I know all this sounds ridiculous and it is but, that’s the law in Pennsylvania. (18 PaCS §6105c9i
also known as the Lautenberg act)
If Barney beat Pebbles so severely that she filed a Protection from abuse order against him,
he’d be permitted to own a firearm and or a stun-gun as soon as that PFA expired, or if Barney
raped Pebbles he'd be permitted to own a firearm or stun-gun as soon as the statute of
limitation ran out. (which apparently is 15yrs if you’re a priest)
If there's anyone that thinks this can’t be true, just contact attorney EDWARD J.
FERGUSON (the attorney I had as my public defender that couldn't keep me from
going Prison for having a broken Stun-Gun 19yr prior to my arrest) or google federal
laws 18 USC §922g9ii,18 USC §921a33Aii and Pennsylvania laws 18 PaCS §6105c,and 18
PaCS §908a1.
My first arrested just a few city blocks from my home one morning by officer JOSEPH
MERRILL (who assured me I would remember his name and I have). I’m not sure of the
exact date of the arrest but, the charges were filed on April 4th,2012. (this date among
others will prove to be important later). I was charged with one count, 18 PaCS §5505:
public drunkenness summary (this charge will prove to be unfounded latter in court), one
count 18 PaCS §5503a1: disorderly conduct also a summary. (that charge was also dropped
in court),18 PaCS §780-113a32:possession with the intention to use drug paraphernalia a
Misdemeanor (dropped). As the officers were finished “booking” me (5 ½hrs later) my property
was returned to me consisting of a cell-phone, coffee-cup, and the stun-gun.
I’m listing the events in the order they occurred not the dates they were filed,the stun
gun will also become relevant soon)
On March 30th,2012 I was again stopped by an Altoona police officer (Officer THOMAS
VENIOS) nearly 50 yards from my property and within seconds after leaving it,the reason
being as the officer put it “not walking down the middle of the alley”. Again I had a coffee
cup, cell-phone, and a stun-gun I used for protection. Officer Venios told me to put them down
and step away, as I “stepped away”, he threw me down face first into some gravel reopening the
abrasions Officer Merrill gave me. (he will later testify he thought I was trying to run)
Immediately after Officer Venios arrested me (without letting me know why, but will later say I
was being charged with public intoxication, disorderly conduct, and resisting arrest. Upon my
discharge Officer Venios returned my cell phone, coffee cup, and my now broken stun-gun (I
possessed during my arrest from Officer Merrill. When my wife (Judy Tyack) arrived at the
Altoona Police station to pick me up Officer Venios told me “I was”within my rights” to carry
a stun-gun. It wasn’t until some weeks later that I received in the mail the combined charges.
two counts of public drunkenness, two counts of disorderly conduct, two counts of resisting
arrest, one count of possession of marijuana with the intent to use, and “one” count of 18
PaCS §908a1: defined as “using” a stun-gun on a man for an illegal purpose a misdemeanor.
A hearing was set ordering me to appear before Magistrate Judge TODD KELLY on May
16,2012.
On the 16th, of May,2012 I went before the magistrate judge for the charges listed above
and the “one”count of possession with the intent to use the sun-gun on a man for an illegal
purpose. Attorney KRULL (my public defender) worked a deal with the magistrate, that if I
pleaded “Nolo” to “one” count of “using” the stun-gun on a person pursuant to 18 PaCS
§6105c3: defined as anyone convicted of a DUI would be prohibited to possess a firearm
i.e. stun-gun (I received DUI in 2009 and since stopped driving, and stopped drinking) He could
cut my charges down to 3 months probation for each of the two resisting arrests. After I found
out about this deal I turned it down. When Judge KELLY heard I turned it down he came out
in the hall to ask me why I didn’t take the deal.I told him “I didn’t intend to “use” the
marijuana pipe I didn’t even have tobacco on me, I didn’t “use” the stun-gun on anyone unlawfully
or otherwise and I didn’t want the police to wright that I used the stun-gun on a man in their
report. After what asentually was my testimony to Judge KELLY before the hearing he called for
the court to be in session. As soon as Mr. Krull and I sat down in the courtroom Officer Venios
read the original charges with two exceptions First the “one” count of “using” the stun-gun on a
man (18 PaCS §908a1) was changed to “two” counts of 18 PaCS §908a3: that law is defined
as “possession” of the stun-gun and not for “using” it. (indicating to me someone told the
officers about me not wanting to plead to “using” it) and two there wasn’t any mention of
using or possessing the Marijuana pipe. I still refused to plead, because pleading guilty meant
giving up my 2nd Amendment right.
A hearing was scheduled for October 01st,2012. I knew that not only did the officer tell me
possessing the stun-gun was legal, they didn’t confiscate it, and needed to find me guilty of
three DUIs within five years before, finding me guilty of “possessing” the stun-gun. (I only
had one DUI in my life) So I had no reason to believe possessing it was unlawful.
They weren’t finished yet (I believe this is why they didn’t confiscate it) on September
1st,2012 (“before” my October hearing) while sitting on a wall behind my house an officer
stopped me because as he said he felt threatened when “I stood up”. As soon as he discovered
my identity, he immediately summoned for Officer Venios by name (admitting to knowing he was
the officer who arrested me before). After Officer Venios arrived I was arrested and charged
with disorderly conduct, again possession of the stun-gun (Officer Venios returned to me
twice before and I couldn’t have been arrested for it had Officer Venios, or any of the
officers done their job and confiscated it at either of those two arrests or even after the
hearing on May 16th. Instead of him doing his job he decided to set me up for another
arrest, fulfilling the wishes of Officer Merrill and assuring I “remember his name”. I was also
charged with resisting arrest (even though he accused me of “manufacturing” an arrest at
the scene). When the officers returned my property, (the same property as before) only this
time I also had a “camera pen” I used for mapping out the area behind my house where Officer
Venios said he saw me not walking down the middle of the aly March 30th. (hence the reason he
accused me of manufacturing an arrest but, I couldn’t have known I would be arrested for
standing up). This time I was taken to the blair county prison for booking this time, I was kept
overnight, it was on Friday night through Saturday and I believe Officer Venios took me there
hoping I’d be kept there until monday thinking I couldn't get anyone to grant me my release on
the weekend, but the guy in heaven must have been on my side because there was a magistrate
working via. the internet I talked to. I still had to worry she wouldn’t refused me bail, with god
still by my side she granted my release. I received my property Saturday afternoon, but my
camera pen was in a dozen pieces. (however I did retrieve the hard drive and I have
possession of that now). This arrest would be the third arrest for the Same Stun-gun returned
to me before equaling the same amount of times I went off my property. (I believe I was being
stalked) I was then ordered to bring the stun-gun to the police station before the fifth of
September,2012. Now I’m paranoid of any officer or even a police car I see. I can’t afford to
receive another trumped up charge for standing up, or not using the center of the alleys. I
actually begin to shake and I want to run every time I see a police car even if I’m in my house.
Just one encounter with a police officer will put me back in prison and if the government
hadn’t made a mistake by continuing my SSI while I was in prison I would have lost
everything I own. (I’m repaying that now) but I don’t think they will make that mistake
again. I haven’t been outside without a witness (to insure my safety and even then only when I
have appointments) since September 1st,2012 except for the two months I spent in prison which
terrified me. It’s also only the third encounter (except for the DUI that I received in 2009)
that I came in contact with the police in all the 18yrs since 1994 with a record that clean I
shouldn’t have gone to prison regardless of the influence Officer Merrill, or Officer Venios
might have. My last offence (last only because I stopped going out) on September 1st,2012
was too late to combine with the offences from March and April of 2012. So I was appointed
another public defender (Attorney JASON IMLER)
A new case was started and a new hearing was scheduled for June 19th,2014.
Just before my trial on October 1st,2012 my public defender (Theodore Krull) who was
defending me for the charges stemming from the March 30th, and the April 4th,2012 offences
quit in October the morning my hearing was scheduled and turned my two cases he was defending
me on over to Attorney Imler (the public defender appointed to me for the September offence.
(Attorney Imler was in the courtroom on an unrelated case). My September case would still be
handled separately. Mr Imler is now handling my September case and my March and April
cases separately but, at the same time. Attorney Imler basically made the same deal
Attorney Kull proposed. I’d still get 3 months probation for the two resisting arrests from my
March and April cases, only he would get the 18 PaCS §908a3. removed. I pleaded guilty to
the two resisting arrest charges and received the six months probation. I assumed the stun-
gun offences were long gone knowing I couldn’t be found guilty pursuant to 18 PaCS
§6105c3 thus I would be keeping my right to protect myself and my family (which is getting
more and more important every day and with a stun-gun, I wouldn't need to kill anyone to do it).
I received my 6 months probation, 25 hours community service, paid my fines and completed all
of my obligations by April 1st,2013.
With the March and April charges from 2012 finally behind me I could focus on the September
case also from 2012 although that hearing wasn’t scheduled until June 19,2014
Before my trial on June 19th,2014 I’ve been appointed another attorney (Attorney
EDWARD FERGUSON). About one month into that defence, I found out the prosecution
intended to use law 18 PaCS §6105c9i (which is the first I’ve heard of that law) pursuant to
the 18 USC §922g9i a federal law (passed two years after my 18 PACS §2701a1 and the
18 PaCS §2709a1 offences from 1994, I believe finding me guilty of 18 USC §922g9ii two
years later not only amounts to double jeopardy but, double jeopardy without a hearing)
Before I could be found guilty of 18 USC §922g9ii I would first need to be found guilty of a
misdemeanor related Domestic Violent offence. I have never even been accused of Domestic
Violence in my life and my arrest record still reflects a Summary however in need of a
misdemeanor the records presented in court were clearly altered to reveal the misdemeanor the
prosecution needed to prove me guilty. (the word misdemeanor was inserted in the middle of
a paragraph interfering with a sentence Judge NORMAN CALLAN wrote in 1994). He also
said “the charge of harassment were to merged into a simple assault and no other charges would
be added” and then Judge Callan gave me the lowest possible score on the grading scale that
he could give. I pointed this out to Mr. Ferguson but, he refused to even mention the 18 PaCS
§2701a1 or the 18 PaCS §2709a1 in court. He told me he wouldn’t embarrass himself by bringing
up the simple assault charge at all, and recommended I don’t either. I also told him there wasn’t
any mention of 18 PaCS §2701a1, or 18 PaCS §2709a1 anywhere in the Pennsylvania 18
PaCS §6105 gun laws that prevents me from owning a firearm. (a stun-gun is considered to
be a firearm and subject to the same laws as a firearm in Pennsylvania) My public defender
also recommended I don’t testify. He told me not many people win their cases when they testify.
On the day of my trial the judge (HONORABLE FREDERICK J. AMMERMAN) told the jury
I was forbidden to possess a stun-gun because of a “previous arrest” and only need to
judge on whether or not I “possessed” the stun-gun. No more information was presented to
them. (the judge forbid any further testimony of the 1994 case he said he “didn’t want to
sway the jury”) I never contested having the stun-gun in my possession (which made it pretty
easy for the jury to find me guilty) The jury did find me guilty of “possessing” a stun-gun
but, they weren’t informed about the police giving it back to me or that I was ignorant to
the laws forbidding me from owning it (If I would have known that the judge intended to
judge me and not the jury I wouldn’t have had a jury trial). In my opinion I was guilty of
possessing a stun-gun and the jury did their job given the information allowed, but I still
believe I was not guilty of breaking any laws and I don’t believe the jury would have
thought I was either. The evidence presented at the trial wasn't in my name and nether
jury or I had a chance to view it or identify it.The jury did sit closer to the stand and may
have gotten a better look it, I don’t know if they did it would have been from 20ft away. Then
when Judge Ammerman ask Officer Venios why he repeatedly return the stun-gun to me the
officer replied he “didn’t know it was illegal for me to possess a stun-gun”. Judge
Ammerman accepted that as testimony and all other mention of it was banned. I wanted to
know how Officer Venios could arrest me for possessing a stun-gun “three” times and not know
it was illegal and if he truly didn’t know it was illegal, then what was the grounds for my arrest
and why weren’t the police notified by the National Incident-Based Reporting System (also
known as NIBRS) who in accordance of the law, must inform all law enforcement personnel if
found guilty of all domestic violence offences in the household, in United States and must do so
annually. (but Judge Ammerman band any more discussion on that when he banned all
questioning on why the officers returned the stun gun to me as well) or why the Armed
Career Criminal Act (ACCA) wasn’t notified, who are to be informed about all the 18 USA
§922g9ii cases to help with the decision to find out if I should be held fast to this law for life
or not. My my daughter (Bobbyjo Tyack who was the “victim” in the 1994 simple assault
offence), my son (shawn Tyack),my wife (Judy Tyack) and I were all kept from testifying at
my hearing, even after my attorney informed the judge we all wanted to testify Judge
Ammerman later said nothing we had to say would have changed his decision. The jury found me
guilty of 18 PaCS §908c possessing the stun-gun pursuant to 18 PaCS §6105c9ii. The
resisting arrest charge on September 1st,2012 was determined to be unfounded, and the
disorderly conduct charge wasn’t mentioned during the trial at any time.
The sentencing hearing was scheduled for September 11th,2014.
At my sentencing hearing on September 11th,2014 the Assistant District Attorney
(MISS AMANDA NEHRKORN JACOBSON who ASSISTANT DISTRICT ATTORNEY EMILY
FREED through under the bus) told Judge Ammerman “I had a lengthy criminal history that
dated back to 1994. Before March 2012 (when Officer Merrill painted the target on my
back) I only had the two encounters with anyone affiliated with law enforcement of any
kind. She also told the judge I was told twice before possessing the stun-gun was illegal. (I
didn’t know about 18 U.S.C. §922g9ii until sometime in May 2014 and wasn’t told it was
illegal until June 19th,2014 at my trial) She told the Judge probation wasn’t enough
discipline to stop me from disrespecting the law because, I was arrested twice before for
similar offences, pleaded out put on probation then continued to carry the stun-gun ignoring
the law (she didn’t say I was exonerated when they discovered the DUI wouldn’t hold up
and my last encounter with the law was September 1st 2012 or that my first hearing was
October 1st,2012 and I finished my probation by April 1st,2012) Miss Jacobson went on to
say, I had three misdemeanors, and an aggravation level of nine. My public defender (who I
don’t remember saying anything at all) corrected her by holding up two fingers indicating
there were only “two” misdemeanors. I assume he was referring to the lowest possible
misdemeanor on the grading scale I received in 1994 (that was changed from a summary to
a misdemeanor) and the misdemeanor from the DUI that wasn’t to be used against unless I
had three of them. I don’t know how she came up with the aggravation level of nine, no one
friend or foe has “ever” seen me in any level of adverse aggravation. Miss Jacobson
recommended I get 10 years incarceration followed by two years probation to run concurrently,
I start my sentence immediately, See a psychologist (even after just seeing one as a condition of
my bail release and not only cleared me, suggested I should send the officers in to see her) yet
she insisted I see this physiatrist anyway for as long as he wanted me to see him, take a 12 step
recovery class for drugs and alcohol and tol follow up on any recommendations she had,(knowing
full well I hadn’t any drugs and drugs had no influence on the case). and see a parole officer for
one year immediately followed by one year probation that I see these people twice a week, follow
up on his recommendations they have, and get urine tested as often as he had time for.(It’s
obvious she wanted to make my life as miserable as Miss Freed, and both Officers Venios,and
Merrill)
Thankfully Judge Ammerman took the minimum ten year sentence and reduced it (for the
aggravation level of nine) to two months to two years incarceration, however he agreed with
her on the one year probation and parole each, and that I start my sentence immediately.
(I went to prison wearing a three piece suit) I believe if Miss Jacobson hadn’t committed
perjury when she told Judge Ammerman “I ignored the law” I would’ve gone to prison at
all).
When the incarceration part of my sentence ended on November 11th, 2014 I discovered my
SSI was no longer in effect and had to reapply and they told me because I got out on the 11th I
would lose three months SSI because they don’t pay in partial months. I also discovered I
was incarcerated for 18 PaCS §908a2: which meant I had the intention to “USE” the stun-
gun on a man for an illegal purpose and that meant the prosecution needed to prove intent,
something I could not have done with a “broken” stun-gun, but the jury was denied acsecs
and Judge Ammerman declared they didn’t need to see it to make their judgment. For
thot the 18 PaCS §908a1 “POSSESSION” charge I was renderd, allthou the dispite of
finding me guilty of 18 §908a1 the judges order, ordering me to prison reflected 18 PaCS
§908a2 anyway I was also found guilty of 18 PaCS §5503a1: disorderly conduct without
even getting a hearing.
MR. RobertTyack
Had it not been for my opsimath I would not have known
of all the differentpossibilitiesof my innocence and
shouldn'thave lostmy rightto own a stun-gun
• Simply Moral and fairness: The bill of rights insures I be treated equal. I
have quite a large collection of people who recently committed simple
assault on a family member who are not considered Domestic Violent.
• Constitutionality: Not only the 2nd Amendment. The constitution also
ensures I must be told I’m not permitted to own a firearm
• The laps of numerous officials not correctly performing their duties.
• The Asst. D.A. and the police officers committing perjury.
• The judge excluding critical testimony and evidence.
• The incompetence of my attorney by pursuing the guilt or innocence of my
possession and not presenting the information proving the legality for the
possession.
• Numerous public defender's coercing me into a plea in search of a non
cumbersome and speedy trial.
• Finding me guilty of an offence stemming from the same offence two years
after that offence is double jeopardy.
• Finding me guilty of one offence and being incarcerated for another.
• Permitting the automatic exoneration of similar offences that are more
sever domestically violent. (those who file for a PFA)
• A lifetime punishment for a one time threat with no statute of limitations.
(Yet uphold limitations for rape)
• Passing any law and making it retroactive.
• I've never been accused of Domestic Violence, much less found guilty in
any state or any time ever.
This is just to name a few and are not limited to them alone.
If you could Iwould like you to help me with
• Getting exonerated.
• Reinstalling my rights
• Granting me a new trial or at least allow me to recant my Nolo plea from
1994 trial my daughter (the victim) agrees I should not be guilty of
Domestic Violence. (and will testify I never abused her in anyway
I have yet to fulfill my probation and it won’t be
completed until September 11,2014
Again thank you and have a trouble free day

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fullstoryMay17

  • 1. Do You still “THINK” we have a 2nd Amendment? Well WE DON”T!! Not since The“Lautenberg”act of 1996 !! On April 4th,1994 the commonwealth (not my daughter) charged me, with 18 PaCS §2701a1 Simple Assault: defined as “threatening” bodily harm. If the victim is over 12 years of age it’s a 2nd degree misdemeanor. (The lowest point on the grading scale if there's no prior arrests as was mine) The 1994 Altoona Police Report clearly states I made her cheek “red”.The”victim” is my daughter (Bobbyjo Tyack) she was 16 at the time. I was also charged with 18 PaCS §2709a1: defined as “Harassment” a summary. (I never raised a hand to my daughter, not then nor the 21yrs since) My public defender at the time (PHILLIP O ROBERTSON) told me I could be found guilty for just threatening to make her cheek red, I didn’t need to actually strike her to be found guilty, (Toya Gram) the Afro American mother who repeatedly slapped her son when she saw him on television protesting, at the Boston riots she was praised as a hero,or again the Afro American football player who was caught on video dragging his live in girlfriend out of an elevator on national television, then there was the soccer player ejected for kicking and punching the other teammates,if you want closer to home there was the police officer who beat up the kid at a concert in Pittsburgh behind a bus full of police officers,I’m aware only the two Afro Americans were domestic they weren’t charged with domestic abuse,but I do have quite a collection I cut out of the Altoona mirror that were charged with simple assault that are domestic and they're not prevented from owning a stun-gun (I only know them from the newspaper so I’m not aware of their ethnic background).Attorney Robbertson also told me I could plead “Nolo Contendere” (also known as the Alford plea) without admitting guilt. THE HONORABLE JUDGE NORMAN D.CALLAN, (the Magistrate Judge at the time) my daughter, my public defender, and I all agreed to reduce my charges to a Summary if I accepted a plea. Only after I insisted Attorney ROBERTSON cross out the word guilty and replace it with the word “Nolo” on the plea did I accept that plea. Judge CALLAN gave me the summary as promised and added he would “merge the summary of Harassment into a simple assault,and no separate sentence can be imposed”. Indicated on my 1994 arrest report case number CP-07-CR-408 1994 On August 9th, 1996 two years after my Alford plea agreement to the commonwealth. State law 18 USC §922g9ii was passed (without my knowledge).That law makes it unlawful for anyone who has ever been found guilty in any state of the misdemeanor crime of domestic violence to possess a firearm i.e. stun-gun. In Pennsylvania Domestic violence is defined as: Any force including name calling that will change a person's behavior (with no statute of limitation).
  • 2. If Barney Rebel called Pebbles a name that would change her behavior. It would be unlawful for him to ever have access to a firearm/stun-gun,or any electronic incapacitation device (even if they were deemed to be non functional today). Or if your 11 yr old daughter decided to go out at 3:oo AM with a car full of drunken teenagers a parent or guardian couldn’t legally do anything to change her mind. This is why we as parents are so unwilling to teach our kids the respect they so desperately need today, I also believe this is why our youth are forced from their homes at such an early age with nowhere to go.(the Lautenberg act makes it illegal to raise your own kids) I know all this sounds ridiculous and it is but, that’s the law in Pennsylvania. (18 PaCS §6105c9i also known as the Lautenberg act) If Barney beat Pebbles so severely that she filed a Protection from abuse order against him, he’d be permitted to own a firearm and or a stun-gun as soon as that PFA expired, or if Barney raped Pebbles he'd be permitted to own a firearm or stun-gun as soon as the statute of limitation ran out. (which apparently is 15yrs if you’re a priest) If there's anyone that thinks this can’t be true, just contact attorney EDWARD J. FERGUSON (the attorney I had as my public defender that couldn't keep me from going Prison for having a broken Stun-Gun 19yr prior to my arrest) or google federal laws 18 USC §922g9ii,18 USC §921a33Aii and Pennsylvania laws 18 PaCS §6105c,and 18 PaCS §908a1. My first arrested just a few city blocks from my home one morning by officer JOSEPH MERRILL (who assured me I would remember his name and I have). I’m not sure of the exact date of the arrest but, the charges were filed on April 4th,2012. (this date among others will prove to be important later). I was charged with one count, 18 PaCS §5505: public drunkenness summary (this charge will prove to be unfounded latter in court), one count 18 PaCS §5503a1: disorderly conduct also a summary. (that charge was also dropped in court),18 PaCS §780-113a32:possession with the intention to use drug paraphernalia a Misdemeanor (dropped). As the officers were finished “booking” me (5 ½hrs later) my property was returned to me consisting of a cell-phone, coffee-cup, and the stun-gun. I’m listing the events in the order they occurred not the dates they were filed,the stun gun will also become relevant soon) On March 30th,2012 I was again stopped by an Altoona police officer (Officer THOMAS VENIOS) nearly 50 yards from my property and within seconds after leaving it,the reason being as the officer put it “not walking down the middle of the alley”. Again I had a coffee cup, cell-phone, and a stun-gun I used for protection. Officer Venios told me to put them down and step away, as I “stepped away”, he threw me down face first into some gravel reopening the abrasions Officer Merrill gave me. (he will later testify he thought I was trying to run) Immediately after Officer Venios arrested me (without letting me know why, but will later say I was being charged with public intoxication, disorderly conduct, and resisting arrest. Upon my discharge Officer Venios returned my cell phone, coffee cup, and my now broken stun-gun (I
  • 3. possessed during my arrest from Officer Merrill. When my wife (Judy Tyack) arrived at the Altoona Police station to pick me up Officer Venios told me “I was”within my rights” to carry a stun-gun. It wasn’t until some weeks later that I received in the mail the combined charges. two counts of public drunkenness, two counts of disorderly conduct, two counts of resisting arrest, one count of possession of marijuana with the intent to use, and “one” count of 18 PaCS §908a1: defined as “using” a stun-gun on a man for an illegal purpose a misdemeanor. A hearing was set ordering me to appear before Magistrate Judge TODD KELLY on May 16,2012. On the 16th, of May,2012 I went before the magistrate judge for the charges listed above and the “one”count of possession with the intent to use the sun-gun on a man for an illegal purpose. Attorney KRULL (my public defender) worked a deal with the magistrate, that if I pleaded “Nolo” to “one” count of “using” the stun-gun on a person pursuant to 18 PaCS §6105c3: defined as anyone convicted of a DUI would be prohibited to possess a firearm i.e. stun-gun (I received DUI in 2009 and since stopped driving, and stopped drinking) He could cut my charges down to 3 months probation for each of the two resisting arrests. After I found out about this deal I turned it down. When Judge KELLY heard I turned it down he came out in the hall to ask me why I didn’t take the deal.I told him “I didn’t intend to “use” the marijuana pipe I didn’t even have tobacco on me, I didn’t “use” the stun-gun on anyone unlawfully or otherwise and I didn’t want the police to wright that I used the stun-gun on a man in their report. After what asentually was my testimony to Judge KELLY before the hearing he called for the court to be in session. As soon as Mr. Krull and I sat down in the courtroom Officer Venios read the original charges with two exceptions First the “one” count of “using” the stun-gun on a man (18 PaCS §908a1) was changed to “two” counts of 18 PaCS §908a3: that law is defined as “possession” of the stun-gun and not for “using” it. (indicating to me someone told the officers about me not wanting to plead to “using” it) and two there wasn’t any mention of using or possessing the Marijuana pipe. I still refused to plead, because pleading guilty meant giving up my 2nd Amendment right. A hearing was scheduled for October 01st,2012. I knew that not only did the officer tell me possessing the stun-gun was legal, they didn’t confiscate it, and needed to find me guilty of three DUIs within five years before, finding me guilty of “possessing” the stun-gun. (I only had one DUI in my life) So I had no reason to believe possessing it was unlawful. They weren’t finished yet (I believe this is why they didn’t confiscate it) on September 1st,2012 (“before” my October hearing) while sitting on a wall behind my house an officer stopped me because as he said he felt threatened when “I stood up”. As soon as he discovered my identity, he immediately summoned for Officer Venios by name (admitting to knowing he was the officer who arrested me before). After Officer Venios arrived I was arrested and charged with disorderly conduct, again possession of the stun-gun (Officer Venios returned to me twice before and I couldn’t have been arrested for it had Officer Venios, or any of the officers done their job and confiscated it at either of those two arrests or even after the hearing on May 16th. Instead of him doing his job he decided to set me up for another arrest, fulfilling the wishes of Officer Merrill and assuring I “remember his name”. I was also
  • 4. charged with resisting arrest (even though he accused me of “manufacturing” an arrest at the scene). When the officers returned my property, (the same property as before) only this time I also had a “camera pen” I used for mapping out the area behind my house where Officer Venios said he saw me not walking down the middle of the aly March 30th. (hence the reason he accused me of manufacturing an arrest but, I couldn’t have known I would be arrested for standing up). This time I was taken to the blair county prison for booking this time, I was kept overnight, it was on Friday night through Saturday and I believe Officer Venios took me there hoping I’d be kept there until monday thinking I couldn't get anyone to grant me my release on the weekend, but the guy in heaven must have been on my side because there was a magistrate working via. the internet I talked to. I still had to worry she wouldn’t refused me bail, with god still by my side she granted my release. I received my property Saturday afternoon, but my camera pen was in a dozen pieces. (however I did retrieve the hard drive and I have possession of that now). This arrest would be the third arrest for the Same Stun-gun returned to me before equaling the same amount of times I went off my property. (I believe I was being stalked) I was then ordered to bring the stun-gun to the police station before the fifth of September,2012. Now I’m paranoid of any officer or even a police car I see. I can’t afford to receive another trumped up charge for standing up, or not using the center of the alleys. I actually begin to shake and I want to run every time I see a police car even if I’m in my house. Just one encounter with a police officer will put me back in prison and if the government hadn’t made a mistake by continuing my SSI while I was in prison I would have lost everything I own. (I’m repaying that now) but I don’t think they will make that mistake again. I haven’t been outside without a witness (to insure my safety and even then only when I have appointments) since September 1st,2012 except for the two months I spent in prison which terrified me. It’s also only the third encounter (except for the DUI that I received in 2009) that I came in contact with the police in all the 18yrs since 1994 with a record that clean I shouldn’t have gone to prison regardless of the influence Officer Merrill, or Officer Venios might have. My last offence (last only because I stopped going out) on September 1st,2012 was too late to combine with the offences from March and April of 2012. So I was appointed another public defender (Attorney JASON IMLER) A new case was started and a new hearing was scheduled for June 19th,2014. Just before my trial on October 1st,2012 my public defender (Theodore Krull) who was defending me for the charges stemming from the March 30th, and the April 4th,2012 offences quit in October the morning my hearing was scheduled and turned my two cases he was defending me on over to Attorney Imler (the public defender appointed to me for the September offence. (Attorney Imler was in the courtroom on an unrelated case). My September case would still be handled separately. Mr Imler is now handling my September case and my March and April cases separately but, at the same time. Attorney Imler basically made the same deal Attorney Kull proposed. I’d still get 3 months probation for the two resisting arrests from my March and April cases, only he would get the 18 PaCS §908a3. removed. I pleaded guilty to the two resisting arrest charges and received the six months probation. I assumed the stun- gun offences were long gone knowing I couldn’t be found guilty pursuant to 18 PaCS §6105c3 thus I would be keeping my right to protect myself and my family (which is getting
  • 5. more and more important every day and with a stun-gun, I wouldn't need to kill anyone to do it). I received my 6 months probation, 25 hours community service, paid my fines and completed all of my obligations by April 1st,2013. With the March and April charges from 2012 finally behind me I could focus on the September case also from 2012 although that hearing wasn’t scheduled until June 19,2014 Before my trial on June 19th,2014 I’ve been appointed another attorney (Attorney EDWARD FERGUSON). About one month into that defence, I found out the prosecution intended to use law 18 PaCS §6105c9i (which is the first I’ve heard of that law) pursuant to the 18 USC §922g9i a federal law (passed two years after my 18 PACS §2701a1 and the 18 PaCS §2709a1 offences from 1994, I believe finding me guilty of 18 USC §922g9ii two years later not only amounts to double jeopardy but, double jeopardy without a hearing) Before I could be found guilty of 18 USC §922g9ii I would first need to be found guilty of a misdemeanor related Domestic Violent offence. I have never even been accused of Domestic Violence in my life and my arrest record still reflects a Summary however in need of a misdemeanor the records presented in court were clearly altered to reveal the misdemeanor the prosecution needed to prove me guilty. (the word misdemeanor was inserted in the middle of a paragraph interfering with a sentence Judge NORMAN CALLAN wrote in 1994). He also said “the charge of harassment were to merged into a simple assault and no other charges would be added” and then Judge Callan gave me the lowest possible score on the grading scale that he could give. I pointed this out to Mr. Ferguson but, he refused to even mention the 18 PaCS §2701a1 or the 18 PaCS §2709a1 in court. He told me he wouldn’t embarrass himself by bringing up the simple assault charge at all, and recommended I don’t either. I also told him there wasn’t any mention of 18 PaCS §2701a1, or 18 PaCS §2709a1 anywhere in the Pennsylvania 18 PaCS §6105 gun laws that prevents me from owning a firearm. (a stun-gun is considered to be a firearm and subject to the same laws as a firearm in Pennsylvania) My public defender also recommended I don’t testify. He told me not many people win their cases when they testify. On the day of my trial the judge (HONORABLE FREDERICK J. AMMERMAN) told the jury I was forbidden to possess a stun-gun because of a “previous arrest” and only need to judge on whether or not I “possessed” the stun-gun. No more information was presented to them. (the judge forbid any further testimony of the 1994 case he said he “didn’t want to sway the jury”) I never contested having the stun-gun in my possession (which made it pretty easy for the jury to find me guilty) The jury did find me guilty of “possessing” a stun-gun but, they weren’t informed about the police giving it back to me or that I was ignorant to the laws forbidding me from owning it (If I would have known that the judge intended to judge me and not the jury I wouldn’t have had a jury trial). In my opinion I was guilty of possessing a stun-gun and the jury did their job given the information allowed, but I still believe I was not guilty of breaking any laws and I don’t believe the jury would have thought I was either. The evidence presented at the trial wasn't in my name and nether jury or I had a chance to view it or identify it.The jury did sit closer to the stand and may have gotten a better look it, I don’t know if they did it would have been from 20ft away. Then when Judge Ammerman ask Officer Venios why he repeatedly return the stun-gun to me the officer replied he “didn’t know it was illegal for me to possess a stun-gun”. Judge
  • 6. Ammerman accepted that as testimony and all other mention of it was banned. I wanted to know how Officer Venios could arrest me for possessing a stun-gun “three” times and not know it was illegal and if he truly didn’t know it was illegal, then what was the grounds for my arrest and why weren’t the police notified by the National Incident-Based Reporting System (also known as NIBRS) who in accordance of the law, must inform all law enforcement personnel if found guilty of all domestic violence offences in the household, in United States and must do so annually. (but Judge Ammerman band any more discussion on that when he banned all questioning on why the officers returned the stun gun to me as well) or why the Armed Career Criminal Act (ACCA) wasn’t notified, who are to be informed about all the 18 USA §922g9ii cases to help with the decision to find out if I should be held fast to this law for life or not. My my daughter (Bobbyjo Tyack who was the “victim” in the 1994 simple assault offence), my son (shawn Tyack),my wife (Judy Tyack) and I were all kept from testifying at my hearing, even after my attorney informed the judge we all wanted to testify Judge Ammerman later said nothing we had to say would have changed his decision. The jury found me guilty of 18 PaCS §908c possessing the stun-gun pursuant to 18 PaCS §6105c9ii. The resisting arrest charge on September 1st,2012 was determined to be unfounded, and the disorderly conduct charge wasn’t mentioned during the trial at any time. The sentencing hearing was scheduled for September 11th,2014. At my sentencing hearing on September 11th,2014 the Assistant District Attorney (MISS AMANDA NEHRKORN JACOBSON who ASSISTANT DISTRICT ATTORNEY EMILY FREED through under the bus) told Judge Ammerman “I had a lengthy criminal history that dated back to 1994. Before March 2012 (when Officer Merrill painted the target on my back) I only had the two encounters with anyone affiliated with law enforcement of any kind. She also told the judge I was told twice before possessing the stun-gun was illegal. (I didn’t know about 18 U.S.C. §922g9ii until sometime in May 2014 and wasn’t told it was illegal until June 19th,2014 at my trial) She told the Judge probation wasn’t enough discipline to stop me from disrespecting the law because, I was arrested twice before for similar offences, pleaded out put on probation then continued to carry the stun-gun ignoring the law (she didn’t say I was exonerated when they discovered the DUI wouldn’t hold up and my last encounter with the law was September 1st 2012 or that my first hearing was October 1st,2012 and I finished my probation by April 1st,2012) Miss Jacobson went on to say, I had three misdemeanors, and an aggravation level of nine. My public defender (who I don’t remember saying anything at all) corrected her by holding up two fingers indicating there were only “two” misdemeanors. I assume he was referring to the lowest possible misdemeanor on the grading scale I received in 1994 (that was changed from a summary to a misdemeanor) and the misdemeanor from the DUI that wasn’t to be used against unless I had three of them. I don’t know how she came up with the aggravation level of nine, no one friend or foe has “ever” seen me in any level of adverse aggravation. Miss Jacobson recommended I get 10 years incarceration followed by two years probation to run concurrently, I start my sentence immediately, See a psychologist (even after just seeing one as a condition of my bail release and not only cleared me, suggested I should send the officers in to see her) yet she insisted I see this physiatrist anyway for as long as he wanted me to see him, take a 12 step
  • 7. recovery class for drugs and alcohol and tol follow up on any recommendations she had,(knowing full well I hadn’t any drugs and drugs had no influence on the case). and see a parole officer for one year immediately followed by one year probation that I see these people twice a week, follow up on his recommendations they have, and get urine tested as often as he had time for.(It’s obvious she wanted to make my life as miserable as Miss Freed, and both Officers Venios,and Merrill) Thankfully Judge Ammerman took the minimum ten year sentence and reduced it (for the aggravation level of nine) to two months to two years incarceration, however he agreed with her on the one year probation and parole each, and that I start my sentence immediately. (I went to prison wearing a three piece suit) I believe if Miss Jacobson hadn’t committed perjury when she told Judge Ammerman “I ignored the law” I would’ve gone to prison at all). When the incarceration part of my sentence ended on November 11th, 2014 I discovered my SSI was no longer in effect and had to reapply and they told me because I got out on the 11th I would lose three months SSI because they don’t pay in partial months. I also discovered I was incarcerated for 18 PaCS §908a2: which meant I had the intention to “USE” the stun- gun on a man for an illegal purpose and that meant the prosecution needed to prove intent, something I could not have done with a “broken” stun-gun, but the jury was denied acsecs and Judge Ammerman declared they didn’t need to see it to make their judgment. For thot the 18 PaCS §908a1 “POSSESSION” charge I was renderd, allthou the dispite of finding me guilty of 18 §908a1 the judges order, ordering me to prison reflected 18 PaCS §908a2 anyway I was also found guilty of 18 PaCS §5503a1: disorderly conduct without even getting a hearing. MR. RobertTyack Had it not been for my opsimath I would not have known of all the differentpossibilitiesof my innocence and shouldn'thave lostmy rightto own a stun-gun • Simply Moral and fairness: The bill of rights insures I be treated equal. I have quite a large collection of people who recently committed simple assault on a family member who are not considered Domestic Violent. • Constitutionality: Not only the 2nd Amendment. The constitution also ensures I must be told I’m not permitted to own a firearm • The laps of numerous officials not correctly performing their duties. • The Asst. D.A. and the police officers committing perjury. • The judge excluding critical testimony and evidence.
  • 8. • The incompetence of my attorney by pursuing the guilt or innocence of my possession and not presenting the information proving the legality for the possession. • Numerous public defender's coercing me into a plea in search of a non cumbersome and speedy trial. • Finding me guilty of an offence stemming from the same offence two years after that offence is double jeopardy. • Finding me guilty of one offence and being incarcerated for another. • Permitting the automatic exoneration of similar offences that are more sever domestically violent. (those who file for a PFA) • A lifetime punishment for a one time threat with no statute of limitations. (Yet uphold limitations for rape) • Passing any law and making it retroactive. • I've never been accused of Domestic Violence, much less found guilty in any state or any time ever. This is just to name a few and are not limited to them alone. If you could Iwould like you to help me with • Getting exonerated. • Reinstalling my rights • Granting me a new trial or at least allow me to recant my Nolo plea from 1994 trial my daughter (the victim) agrees I should not be guilty of Domestic Violence. (and will testify I never abused her in anyway I have yet to fulfill my probation and it won’t be completed until September 11,2014 Again thank you and have a trouble free day