I always thought that the truth will set you free. 

Apparently, the government has the power to skew the truth and withhold it from a jury.

I need help. A good 2A lawyer? some advocacy groups? 2A influencers? (lots of prayers) please, something!!!

He feels hopeless and helpless. I said it's a rough patch; light at the end of the tunnel; "though i walk through the valley of darkness..", all those faith beliefs and clichés I've believed in all my life. And now I cry. I understand his despair. Noone should think their life has ended over something like this. That picture of me is from 2 years ago, My smile has faded.... The hair loss from the herbicide poisoning by the neighbor I have a restraining order against, the strain of all that shows on my face now.

Still, I cling to my faith and my sense of humor. One of his rights taken away with this guilty plea is that he can't run for public office. I told him he didn't want that dog catcher job anyway. (sick and twisted humor, I know)

Under Montana law, his shot gun was legal. 

Here is how federal law works. If any part of that gun has a part of it manufactured outside of the state of Montana (where we live) then it is an "Illegal gun" in a school zone. Yes I live across the street from a school. We are separated by a five-lane street.  Two lanes each way and a middle turn lane. 

Who knew just stepping on the sidewalk in front of my house wasn't still part of my property. It's school zone.

If someone had asked me before all this where I thought was school zone, i would have said the sidewalk on the physical block just outside the school's fence, the street because of the traffic/speed restrictions. But I never thought my sidewalk was included in that. 

If the city has to repair that sidewalk, I get the bill. If I didn't have him to shovel the snow off that sidewalk, I get a ticket. The school has never offered to take care of said sidewalk, EVER! I never expected them to. 

Here is what you also need to know: For this federal law, the distance of that zone is 1,000 feet. Do you know how far that is? Well, neither did I. I went to the city and purchased a plat map. On that map I was then able to get an idea of how far 1,000 feet might be.

Now, I challenge you to pull out a map of your city, identify every school. Draw a 1,000-foot area for each of those properties. You have to figure if it's a rectangle or square or whatever the shape. Ask yourself this; If  you had a gun in your vehicle and traveled thru a school zone 1) would you know where that school zone is? 2) is any part of your gun considered illegal under this federal law. The only difference is that the cops may think it's ok and even tell you so (under Montana state law) but the ATF will argue against you. 

What my son is going through is character assassination by the government. He pled guilty to the gun law. Not to what was being said about him.  

If you haven't seen any news reports, let me give you an update. 

In the last week or two before the trial Garbriel was offered a plea deal. The first one was so tribble. A joke.  He (we) said, "no".

The second one was given to him less than a week before the trial. By that point he was still asking to see all the evidence. He never did see it all. He'd asked if the judge would know that pleas were offered and also if it would be held against him. Thinking it wouldn't hurt him one way or the other, we went forward to trial. 

Then came "pretrial". In "pretrial" the Prosecutor asked the judge to take off the table several pieces of evidence. We expected to give the jury a timeline as to 1) why he felt the need to arm himself. 2)The fact that the stalker was NOT put on an ankle monitor as we requested in court on that issue. 3)The fact that the local police had told him (in front of me as well) to just get a hand gun and it would be ok. 4)The fact that he spent 1 month in jail already because the prosecutor was trying to prove he was delusional and\or therefore a danger to the community. Holy buckets, this is where I say "OVERREACH". Wouldn't you?

At first, he was operating on the assumption that the Montana law was in place here. When he was informed that it was NOT; that the federal law was in place, he quit carrying it. A FULL WEEK BEFORE SCHOOL WAS TO START!

This was NEVER about the school. it was about protecting our loved ones and property. 

When at the 'pretrial' we understood how none of that could be presented, his hands were tied AND the judge was told of 2 plea deals without and understanding that he basically had a weekend to consider it. We thought we had a good chance with a jury until we got the surprise of all the pretrial stuff. I was shocked that they could do that. 

He pled (pleaded) to the gun charge only. But in the government's statement all these allegations were stated as facts. He never did any of those things. 

He still faces 5 yrs and $100,000 fine (according to their statement)

He feels his life is over. 

I don't know what I would do without him. 

I'll write more

Some days it seems like nothing in this case is going right. Some days it seems hopeless. I try to be positive, to look forward to a good future, but then a nasty email comes in and I feel like it's an attack. Why a certain individual would do this is beyond me. Immaturity, I guess, or lack of manners and a good upbringing. Or, maybe it the guy i have the restraining order against! Could that be?

But those of you who send a prayer in kindness, understanding and hope; those I really appreciate. I will state here, Thank you for those kind thoughts. They are welcomed and uplifting. 

Does anyone have connections to a 2A lawyer or an organization that could help?  Could everyone reading this please share it with your social media friends? 

When I bought this house, nobody mentioned that the sidewalk was a school zone. This is just too wacky to be right. I don't want to lose hope in this case. I need all your help/ please share this link. Thanks

Go listen to Liberty Doll's Podcast. she has put this into lawman's terms that we can all understand. 

The federal trial has been pushed from January to March. 

This is very stressful. Very. Stressful.

Your thoughts, prayers and donations are appreciated. Where would i (we) be without  your support? 

The court appointed lawyer in the city case did file a motion to get the ankle monitor off. To get it off he had to have a certain amount of money within hours. Luckily, I had the donations to fall back on. To wiat for my next paycheck to come in, poor guy, would have had to wait days! What do people do in these situations? Put it on credit cards at 26% interest? That's EXACTLY what I would have had to do! 

I so appreciate each and every one of you! from the smallest donation to those that could give more. 

I am finding more things that the ATF ruined, broke or were just careless in their handling. Grrr!

In the meantime, I am asked to vacate where I have been doing my alterations. I will be moving out this weekend. She will change the locks on me on Monday. I will be pulling it into my garage. I am not ready to retire. I will hit the ground running with projects to do already.  I've promised some that i will not miss a beat. But, boy howdy, this has become a challenge! Since my site is on the same block as the elementary school, we had to get special permission for Gabriel to help me move. I have equipment that I just cannot move by myself. 

wish me luck

I tried an update (#4). i don't know what happened. Just say my internet/online skills are not up to snuff. So her is another attempt.

The 10th of October a year ago, my daughter, Gabriel's older sister, died. She lost her battle with breast cancer. The federal parole gal, (not sure of her official title) knew this due to the intensive interviewing she did with my son. So what happens on Tuesday? I was getting ready to go get a mammogram done at the local clinic and who should show up but the federal parole gal and crew to do a surprise visit, walk through and piss test on my son. 

I thought this was insensitive of her. I mean, really? the one year anniversary!

This almost made me late for my bus. However, the bus driver saw me rushing to get to the bus stop and he slowed down and stopped before the bus stop to allow me to catch up. That was so kind and caring of him to do that. The Billings bus drivers really watch out for us is the kindest fashion. I can't say enough about them. 

I like to be positive. The care that a city employee extended to me outweighed the crass careless treatment from the federal parole gal. 

There is good in this world. The grief this week has been a bit overwhelming. But the outpouring of love and care is heartwarming. 

Thank you all!

truly, Vivian

Forgive me for being so slow at an update, but here it is: We went to court on Thursday, September 21. I was a hearing for release. The Judge ruled that he be let out. (Awaiting trial) A grand jury sent an indictment that he pled not guilty. There was no bail set, release on his own recognizance. Restrictions, of course but no ankle monitor.

We thought it was just paperwork from there. In the late afternoon, he was told to go back to his cell. He was told they had another warrant for him.  He thought it was a cruel joke. Then he called me. His lawyer tried to help. I was waiting for a call to come get him. He wasn't served. On Friday he appeared by video in front of a city judge just after they handed him the warrant. He was NOT appointed an attorney, was set bail at $2,500 and ordered an ankle monitor. 

If you don't know, city court closes at 4pm. I worked till 5pm. Oh my! that is when the panic started (on my part) I did deal with a bail bond's man. The monitor people would not do their thing that night. So, one more night in jail. On Saturday, they did fit him with a monitor and a friend of mine took the money to the jail for that and gave him a ride home. I was at work this whole time. 

In all he was held for more than a month! 

He is home. His cat was crazy to see him. All the pets were so glad to have him home. So was I.

This could not have happened without all your generous help. 

I hope you all know how much I appreciate your help. I could not have accomplished his release without you. But it's not over yet. Not by a long shot. I'm trying to not be depressed and your kindness is a big part of that.

Thank you, Sincerely, with love, Vivian

I hope that this week the judge will grant a release hearing, Come his Friday will bee one full month in lockup. No bail. No new release hearing. I really don' understand how this is just. I do, however, have faith in the court appointed attorney. 

This is depressing, as you can imagine, but knowing that all you out there are behind us, give me hope and a renewed faith in my fellow citizens. (and helps me not go "off the rails", so to speak.

I thank you all for your prayers/energy and contributions. 

Sincerely,

Vivian

9/8/23 I heard from his lawyer this morning. He is requesting a court appearance next week to see if Gabriel could be released. I don't know if it will be with bail or not.

I feel like this is what is done in 3rd world countries. Not here in the US of A! 

 I'll keep ya'all posted.