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Thread: Decker100 - Rule 3

  1. #1
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    Decker100 - Rule 3

    Player Report
    Your Byond ID?
    Rals

    Date of Incident
    August 23, 2019

    Your Character Name?
    Brett McMatherson

    Accused Byond Key(if known):
    Decker100

    Accused Character Name
    Decker Alsimia

    Approximate time and date of the incident (Central US Time for fastest results)
    Around 8:00, I believe

    What rule(s) were broken:
    Rule 3

    Description of the incident:
    It all started with arrest of CMO (Rodger Patterson). CMO was wearing XM12 helmet in medbay on code green. I asked him to take it off five times. After he refused to do so fourth time, I issued warning for FFP to him. When he refused to take it off fifth time I arrested him (CL Lehi Irgun interfered with an arrest and was marked because of that).

    When I came to Brig CMP (Peter Watts) ordered me to release CMO. I refused to carry out order, because according to ML CMP can not pardon prisoners. CMP said, that I did not warn CMO and jumped straight to arrest. After this XO (Johnathan Rathens) came to brig and tried to drag CMO out of cell three times. I flashed XO two times and he asked CO (Decker Alsimia) for help. I did not flash XO third time, because I was trying to explain CO situation on command comms.

    When CO came to brig he asked me, why did I ignore CMP's order and flashed XO twice. I told CO, that XO was flashed, because he was trying to break out CMO and that CMP can not pardon prisoners. After this CO ordered my arrest for Sedition and CMP decided to go to cryo.

    After CO order my arrest he said "You obey your orders and question them later". Which is wrong, because according to ML we can not carry out unlawful orders.

    I was permabrigged due to CO's order. I wrote fax and MPs sent it, but administartion was too busy and could not respond.

    Near the round end I ahelped and asked, if administrator or moderators can clarify, who is right in this situation, but they responded, that they can not do so, because they do not know what happened.

    Evidence (screenshots, logs, etc):
    Spoiler Spoiler:

    How you would punish the accused:
    I just want to know, who was right in this situation. Me or CO/CMP/XO.

  2. #2
    CM-SS13 Vice Host
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    You are correct you are unable to obey unlawful orders and that the CMP cannot pardon prisoners.

    Edit: Reports are not for rule clarifications, we have a thread for this. Please do not make reports for this purpose.
    Last edited by forest2001; 08-23-2019 at 02:58 PM.
    Charles & Arthur Edwinson
    Synth Percival | Artyom
    Yautja Kjhute Luar-ke

    Record:
    Spoiler Spoiler:



    Discord: forest2001#2001

  3. #3
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    The CMP never pardoned the CMO. They were never to be arrested in the first place. Your orders were to confiscate the helmet. You proceeded to disobey the CMPs orders and repeatedly flash the XO who told you to follow orders. In regards to �illegal orders�, other than the Provost Marshal and Commanding Officer, the Chief MP is the highest authority of Marine Law onboard. If they wish to issue a Non-Judicial Punishment, in this case taking the X12 helmet off the CMO, they may do so. You were charged with sedition for not only disobeying orders from two senior ranking officers, but for taking intentional action against them (flashing the XO repeatedly).

  4. #4
    CM-SS13 Host ThesoldierLLJK's Avatar
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    Some logs:

    MP and CMO conversation, and arrest

    Spoiler Spoiler:
    Last edited by ThesoldierLLJK; 08-23-2019 at 03:15 PM.

  5. #5
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    Since I was the XO I will give a brief run down of my actions and interactions with the accuser.

    -Prof. Rodger Patterson [Command (CMO)] says, "I am arrested for wearing safety gear CO."-
    This is the moment I became aware of the situation and immediately made my way to the medbay and the brig to find out what was going on. Upon entering the Brig, I found found Brett putting the CMO into the cell while the CMP stood outside complaining that he never told Brett to arrest the CMO and to release him. As I was watching the MP proceed to not comply, I decided to drag the CMO out of the cell myself so we could resolve the issue without the CMO in the prison. What followed can be seen in the logs provided by the accuser. After many attempts and the MP eventually giving up, I brought the CMO into the next room with the CMP next to me while MP Brett stood inside the primary cell room while we waited for the CO. I acted the way I did on the basis that I deemed what the CMO was doing to not being an arrestable offense and that the MP was blatantly disregarding the CMPs instructions on how to handle the situation and to cease his actions. The CO was fully in his right to arrest the MP for twice flashing the XO and disregarding every order he recieved.

  6. #6
    The Helllbanian CO
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    To clear things up;

    The arrest on improper uniform is correct as it constitutes a violation of SOP, also mentioned in marine law.

    Failure to Follow Procedure Failing to follow the regulations found in the Standard Operating Procedure. Warning 15 Minutes; Equipment confiscation
    From the SOP:

    Uniform Regulations:

    USCM and USCM-affiliated personnel are required to be wearing appropriate clothing during operations. Deploying marines and MPs should be wearing their uniform, boots, and armor at a minimum. Other crew must wear their uniform and assigned footwear. Headwear, if any is worn, must be your properly assigned headgear or one of the standard issue USCM headgear.

    Standard issue equipment:

    Standard issue equipment is defined as any military uniform, armor, weapon or accessory personnel may find in -their- crew locker, as well as those -they- emerge from cryosleep with and any equipment -normally available for issue by the Requisitions- Department.
    So in regards to that the X12 does constitute as improper headgear, an the MP in question was in the right to warn the CMO to take it off, and to perform an arrest on the CMO since he did not comply.

    The CMP does not have the right to release or adjsut the charge/timer of an arrested person that has already been put in the cell. As taken from marine law:

    Laws and Punishments

    Charges: Only one charge may be applied per person, per unlawful event, except Resisting Arrest which can be optionally added on to any charge. It is the duty of the arresting MP to determine which charge to apply. The Chief MP or CO may override this decision ONLY before the prisoner has been brigged unless he/she is giving the prisoner a lower time than the arresting MP. The Minimum Punishment should be used in most cases unless it is a duplicate crime or several crimes have been committed and only one can be chosen.
    Therefore the MP in question Brett McMatherson, is in the right and both the XO and the CO have violated marine law in this case.

    The XO violated it by interfering with an arrest, actually since the person was brigged, the XO commited jailbreak. Interfering DIRECTLY by force into the brig regarding an arrested person is something an officer should never do. Keep that in mind Viperious.

    And the CO is in the wrong here as none of what the MP did constitutes for a Sedition charge. So in this case you are violating the law under a false arrest yourself. This is the second time in your CO note history that you exaggerate with assigned charges or assign them improperly.

    Marine Law, SOP and how the two interlace together are imperative for every CO to know at the tip of their fingers.

    In any case, the CO council has been notified of the report and we will be investigating the logs further before giving in our resolution.

  7. #7
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    I would like to say (To avoid confusion), that CMP ordered me to release CMO, when I was processing him (Taking off his clothes). (Quote: "LCDR Peter 'Hound' Watts says, "Take the helmet and set him free."").

  8. #8
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    Arbs has kindly laid out all of the Marine Law issues in play here, so I won't go into why things were an issue with Marine Law. I'm just gonna right to the point here with this case. Decker has just received a warning for another report I just resolved involving BE'ing an event Admiral for a weak IC reasoning, mostly killing the event in its tracks. In the past, the council has had to talk to you about how to properly deal with CO in-game and you've been suspended in the past due failure to follow Marine Law correctly (via BE rules). On top of all of this, you don't seem to understand why what you did was an issue and persistently argued against this being a break in Marine Law (on the CM Discord) despite it being laid out for you right there. As such, Decker will be having his CO whitelist revoked. To attempt to get this whitelist reinstated in the future, you can follow this page for directions on how to do so: //showthrea...f-it-s-removed

    Resolved - Decker has been dewhitelisted from CO.

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