Social Media FAIL! MLKJr Day / "Wheels Up Guns Down" ATV Participant faces Extradition after being Arrested 1,000 Miles away and 2 Weeks after the fact because he Posted a Video of his Antics on Instagram, leading Cops to scour his posts until the found a License Plate and were able to cross-reference a name and address...
Meet Wilfredo Garcia, Jr. of NY. That's a pic him (reportedly from his Facebook page) on an ATV below...
And here he is on an ATV on Martin Luther King, Jr. Day, 2017 in South Florida fleeing and eluding the law...
Fredo is having a blast...
Just look at those selfie smiles!
Fredo was participating in the annual unsanctioned "Wheels Up Guns Down" event" which has come to terrorize roadways and infuriate law enforcement as hundreds of participants (many from out of State) take to and rally upon Sooth FL roadways, flagrantly violating traffic laws, impeding flow and endangering themselves and others, all in the name of "peace".
Because participants dare to take chances that cops cannot or will not mimic (such as using their off road vehicles to drive against traffic, cutting across private property and so forth) only a few get caught, but those who do are increasingly being treated harsher by the cops, who have banded together across jurisdictional lines to combat the event.
Anyhow, as you can see from the still pictures above (which were taken from a video that Wilfredo Garcia, Jr. posted to Instagram, and which you can see by clicking here) Wilfredo Garcia, Jr. was a willing participant in this year's spectacle. Per cops Fredo was cruising State Road 7 in Broward County, donning gold headphones and goggles as police vehicles gave chase with lights slashing and sirens blaring. In the video you can hear Fredo yelling at cops to "shut up" as he continues to flee and elude the law. Now ole' Fredo may have known that he was pissing off the cops but what he apparently did not account for was that the cops noticed that he was using a "selfie stick", prompting them think that he was recording himself (which he was), leading them to hit their computers and scour social media.
Imagine this: Hollywood Police Officers searched social media for various keywords, including "#bikesupgunsdown", and lo and behold they came across Fredo's smiling, and incrimination, joyride video on Instagram. The video alone was not enough to get cops to Fredo but as they scrolled through his other posts they came across one that clearly showed a PA license plate on a motorcycle, and a simple cross-reference through law enforcement databases led cops to A) Fredo's identity, B) his address, and C) a Judge - who issued an arrest warrant.
As of January 25, 2017 Fredo is sitting in a cell at Riker's Island awaiting extradition to Broward County to face felony charges for Fleeing and Eluding (a felony) and Reckless Driving (a misdemeanor).
In FL Fleeing to Elude a Law Enforcement Officer (or, “Fleeing & Eluding” or “F&E”) occurs where you: 1) Drive a vehicle in Florida; 2) And after a Law Enforcement Officer orders you to stop or remain stopped you... 3) Knowing that an order to stop had been given by a Law Enforcement Officer, either A) Willfully (i.e. intentionally, knowingly, and purposely) refuse or fail to stop the vehicle; or B) After stopping the vehicle you willfully flee in an attempt to elude the officer. Fleeing to Elude is a 3rd Degree Felony which is punishable by up to 5 years in state prison and a $5,000 fine. F&E carries a mandatory 1 year driver license suspension (which the Judge can bump up to as many as 5 years) & it also carries a mandatory adjudication of guilt, meaning that if you are found guilty then you will have a permanent felony conviction on your record. But, if you take the extra step of Fleeing & Eluding a Law Enforcement Officer with Lights and Siren Activated at a High Speed or while Driving Recklessly, then you can face a 2nd Degree Felony which is punishable by up to 15 years in state prison and a $10,000 fine. You will also face a minimum mandatory 1 year driver license suspension (which the Judge can bump up to as many as 5 years) & it a mandatory adjudication of guilt, meaning that if you are found guilty then you will have a permanent felony conviction on your record. The bottom line is that if a cop wants to pull you over then you should pull over, and stay pulled over. (You can watch HaberPA's VideoFAQ / YouTube Webisodes on "What is Fleeing to Elude a Law Enforcement Officer?" and "Can Fleeing to Elude be Enhanced?" by clicking on the video links below.)
When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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