Air Force veteran Mack Worley was arrested this past week after he was legally carrying his gun in Vancouver, Washington. He has pleaded not guilty to a charge of “trespassing with a weapon capable of producing bodily harm”.
The arrest took place this past week when Worley was exercising his second amendment rights. He was open carrying his AR-15 rifle when he went to grab a soda and view a fireworks stand. He was walking back to his car when he was stopped by police officers.
The Air Force veteran said that he had a couple people come up to him and ask him some questions, but nothing negative was said to him. He told everyone that it’s not against the law to open carry a firearm and that it is not a crime. He just said that he was asserting his 2nd Amendment rights.
He was on his way back to his car when he noticed an officer waiting down the street in a police car. He assumed the officer wanted to speak with him so he continued walking towards him.
That is when the officer started talking on his loudspeaker telling him to put his hands up. At that point, he said that as many as 7 police officers were pointing guns at him demanding he remove his firearm. Worley had his cell phone on recording the incident when police ordered him to turn it off.
At that point, Worley asserted his 4th Amendment right telling the officers that he did not consent to any searches or seizures of his property. He finally decided to remove his gun fearing for his own safety.
“I asked the officer if was being detained, he said no. I asked him if I had broken any laws, he said no. I asked him if he suspected me of committing a crime, he said no.”
The officers removed all of the ammunition from the gun and threw it on the grass, again telling Worley that he was not being detained.
After finally being able to pick up his ammo, officers demanded that he’d leave or he would be arrested for trespassing. When Worley walked in the only direction he could, he was immediately swarmed, placed in handcuffs and arrested. The police claim that Worley refused to leave.
The phone which recorded the entire incident was taken by police. Worley fears that Officer Hernandez was attempting to delete the recording after she picked up the phone.
Worley was bailed out by his wife and he plans to file a civil suit against the department.
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