"Sovereign Citizen" Questions City Court's Authority, But Judge Rules Him Guilty On All Counts

Wednesday, February 13, 2013

A man allied with the "Sovereign Citizen" movement told City Judge Sherry Paty on Wednesday that her court is invalid. Judge Paty told Eric Kiesche that he was free to appeal her decision, and she proceeded to hear the case.

Kiesche, who titles himself Spike and is the founder of the Order of the Constitution Defenders, said City Court is "not a court of record." He said he had filed an appeal with Criminal Court and had asked for an investigation of the handling of his case.

He said he was denied "rule of law and due process.


"This is a Bill of Rights violation like I've never seen," he told the judge.

At one point, he asked her, "Is this a commercial court or a court of justice? I know the answer."

He said, "What you have basically done is railroad me."

Judge Paty pushed on to start the case, though Kiesche refused to take part in it.

City Officer Derek Roncin said he was traveling on Norcross Road when a vehicle approached with the high beams on. He said he turned around to check on the car. He said it is a violation to have the high beams on within 500 feet of an approaching vehicle and within 300 feet of a vehicle you are trailing.

He said the vehicle with Mississippi tags did not stop, though he turned the blue lights on, until it had turned off Norcross and stopped at a nearby house.

The officer said the driver "challenged me with different codes and stuff at first."

The officer said he decided to call for backup.

He said when he asked for a driver's license, he was given a Nevada ID.  

After the other officer arrived, Kiesche was asked if he had a firearm. The officers had noticed he had a holster under a vest.

Officer Roncin said Kiesche, who was wearing an NRA cap, refused to answer, but he got out of the car when a gun was drawn on him. It was found that he was not armed.

His mother, who had come out to the car, asked if it was illegal to carry a gun in a car. "I always carry one," she said.

A tape was shown of the incident, though Kiesche claimed it had been altered and that parts were missing. The officer said initially a camera was not working. He said under the new video setup that officers have no way to alter video.

Judge Paty found Kiesche, who was the speaker for a meeting of the Catoosa County Tea Party in 2011, guilty on all counts.

He was fined $50 and ordered to pay court costs on charges of not having a driver's license or proof of insurance and $25 and court costs on a light law violation.



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