The Criminal Prosecution Of Richard J Thripp

Is Mr. Thripp's Prosecution About Alleged Misuse Of The 911 System,
OR Is It Actually About Thripp Exercising His Constitutional Rights?

October 3, 2016
"In a state where corruption abounds, laws must be very numerous." - Tacitus

Volusia Man Defends His Right Not To
Engage The Police In An Apparent "Knock & Talk"

On September 12th (2016) - VolusiaExposed.Com attended Volusia County Judge Belle Schumann's docket sounding hearings within her Daytona Beach courtroom.

Our purpose was to video record Mr. Richard Thripp's court hearing.

Court records indicated that last May (2016) - the State Attorney opened a criminal case against Mr. Thripp regarding a December 2014 incident with the Volusia County Sheriff Department (VCSO). During this incident - the VCSO alleges that Thripp illegally misused the 911 system.(click and review the VCSO charging report ---> far right of web page)

Thripp's September 12, 2016 Hearing
County Judge Belle Schumann

Judge Schumann stated within this video (towards the end) that she would continue the case until Mr. Thripp was prepared for trial.
Being that it took the State Attorney's (SA) office seventeen months to file on these charges - and given Judge Schumann's observations that Thripp does not have the same degree of legal education as the SA - VolusiaExposed would expect that Thripp would need the same about of time, if not more, to properly prepare his defense.

Seventeen Month Delay

VolusiaExposed.Com became interested in the Thripp prosecution due to the seventeen month delay (Dec 2014 / May 2016) between the alleged criminal event and the filing of the criminal charge.

Upon the completion of our review of the Thripp matter - we have developed the following beliefs:

1. Absent the VCSO having an arrest or search warrant, or exigent circumstances - the Thripp family had a constitutional right (choice) not to engage the VCSO in their knock and talk encounter.

2. Over the last few years - it has become increasingly dangerous for citizens nationwide to engage the police - especially at night - and at the citizen's own front door. Therefore - we believe that the Thripp family suffered a rational fear for their safety - when the police came banging on their front door in the pre-dawn hours of December 26, 2014.

If you still have doubts of how dangerous it can be to engage the police at your front door - then we invite you to read the below linked articles. These articles detail the police shooting deaths of Andrew Scott and Derek Cruice.

Lake County, Fl. - 2012 - Andrew L. Scott

Volusia County, Fl. - 2015 - Derek Cruice

3. Given that the VCSO did eventually depart the Thripp property without any of the Thripp family members coming out of their home - as was being demanded by the VCSO - we maintain the opinion that Mr. Thripp's interactions with the 911 operators successfully gained constitutional compliance with the Thripp family demands that absent the police presenting an arrest / search warrant, or having exigent circumstances - that the police were mandated to leave the Thripp property.

Knock Knock - We Just Want To Talk / Lie To You !

Here is a fact that many citizens are unaware of - it's totally legal for the police to knock on your door and lie to you regarding the reason that they are actually at your door. Police have been known to use this tactic - to gain access to your home - in order to either search it or make an arrest - withOUT needing to secure a search or arrest warrant.

Click Below To Review
The Entire Charging Affidavit

911 Calls - December 26, 2014
Call # 1 - Richard Thripp

Call # 2 - VCSO Calls Richard Thripp

Call # 3 - Richard Thripp

Call # 4 - VCSO Calls Richard Thripp

Call # 5 - Richard Thripp

Call # 6 - Richard Thripp
Don't just simply take our word for it. Read this article from a national publication which details how Daytona Beach PD did exactly that. Notice how the "LIE" dealt with receiving a false 911 hang up call. The police never received a 911 hang up from the residence - it was a lie in order to gain access to the house. With that - we ask - how much confidence Mr. Thripp should have given the deputies at his door, or the 911 operators, that were assuring him that they were there merely for a "safety check" on his adult son?

In their charging affidavit - the police argue that Thripp knew that it was the police knocking on his door in the middle of the night - and not criminals. However, when the police can lie like a criminal - is there really that much of a difference between a criminal and a cop?

We have a suggestion for our local police departments: Don't expect citizens to take your word for why you are banging on their door in the middle of the night - when you are known for your legal lies to citizens. And if you choose to be known for your lies in order to obtain Constitutional go arounds - don't get ass hurt when citizens refuse to believe you ! In short - it's hard to sell youself as a innocent virgin - when you have a well known reputation as a two dollar whore.

When The Liars Came Knocking
At The Thripp Homestead

In the early morning pre-dawn hours of December 26, 2014 members of the Volusia County Sheriff Department arrived outside the Thripp home - located just outside Ormond Beach city limits .

The alleged rationale for their (VCSO) arrival outside the Thripp family's front door was to conduct a well being check on Thripp's twenty-three year old son - Richard X. Thripp.

According the the VCSO charging report - they (VCSO) were allegedly following up on a request from the Daytona Beach Police Department - regarding information the DBPD had received indicating that the senior Thripp was going to shoot his son. (Thripp was never criminally charged under this allegation - therefore it is possible that this was the legal "lie" being used by the police)

While the VCSO was outside his home - they were being vague on why they wanted the residents to exit their home.

According to both the 911 tapes and Mr. Thripp's own video recordings (see right of page) - neither Thripp, nor his son had any desire to answer their door in the middle of the night - regardless if the persons knocking on the door were prowlers or the police. Thripp voiced the opinion that if they were the police - they better have a warrant (search / arrest).

What is important to understand - is the fact that the police were outside the front door of the Thripp house WITHOUT the request or invitation of anyone in the Thripp family. Why is this fact important? Well - because according to Florida Statute 365.172(13) - the law that Thripp has been charged with violating - his calls to 911 must raise a "false alarm or complaint or reporting false information that could result in the emergency response of any public safety agency".

Our point is simply this - the fact that the deputies were outside the Thripp family's front door had nothing to do with anyone in the Thripp family dialing 911. The apparent truth of the matter seems to be that Richard Thripp's calls to 911 were done to relieve any concerns that the VCSO had about there being a problem within the Thripp household. And in the end - the VCSO did depart the Thripp property without the Thripp family having to meet the demands of the VCSO of exiting their home.

Mr. Thripp's Home Videos
December 26, 2014
The first video contain voice messages left on Thripp's son's cellphone by VCSO Sgt. Greg Miles

Regardless Of Assurances From The Police
Interactions With The Police Can Be Deadly

Maybe - Mr. Thripp's reluctance to have him or his family exit the safety of their home was founded in a honest fear of the police? Afterall - just months prior (September 2014) - Volusia County Sheriff Deputy Joel Hernandez - while in civilian clothes and sporting a mohawk style haircut - shot and killed Mr. Edward Miller - a deaf 52 year old father - as he and his son was attempting to depart a tow yard. Was Thripp aware of the Miller shooting - and the sheriff's department's apparent history of shooting first and asking questions later?

Apparently - Mr. Thripp found no reassurance in 911 operator "Shannon's" comments that the Volusia County Sheriff Department does not shoot anyone if they haven't committed a crime (see 911 call #6 - around minute 1:38).

Sadly - about two months after "Shannon's" assurances that the VCSO would not shoot anyone not committing a crime - Derek Cruice, 26 was gun down (killed - shot in the head) by VCSO Deputy Todd Raible within Cruice's own home. While Deputy Raible insisted that Cruice had a gun - - the fact is Cruice did not have a gun. In the end - the Florida Department of Law Enforcement cleared Deputy Raible of any criminal wrong doing. However, Volusia County was quick to resolve any civil liabilities by providing the Cruice family with a $500,000 settlement.

POLICE TO THRIPP - Turn Off The Camera !

We (VolusiaExposed) found it to be of interest - that in Thripp video # 3 - around minutes 21:40 - the deputy outside the Thripp house attempts to order Thripp to turn off his video camera. Could it be that the deputy wanted the camera to be turned off - because minutes earlier this apparent same deputy was recorded stating that they (VCSO) had probable cause - and that they (VCSO) were going to break into the Thripp house (ref: Thripp video # 3 - around minutes 18:36)?

Thripp asked one of the deputies at his door if they (deputies) were going to shoot him or his family - the deputy responded "NO" - Thripp asked if the deputies were going to tase them - the deputy responded "NO" - and then Thripp asked the deputy of they were going to break into his house - the deputy responsed "YES" - the deputy went on to say that they had probable cause to break in. (Thripp video #3 - at about 18:36 minutes)(Is this an example of one of those legal police lies?)

Falsehoods In The Thripp Charging Affidavit?

Given that the deputies could legally lie to Mr. Thripp regarding why they were knocking on his door - the deputies can not legally lie in their sworn statements to the State Attorney and the Court. That is unless the State Attorney and the Court allows them to.

VolusiaExposed.Com has closely reviewed and compared VCSO Deputy Richard Graves' charging affidavit against the 911 audio recordings and Mr. Thripp's home videos. (see attached 911 recordings & Thripp videos)

VolusiaExposed.Com holds the opinion that Deputy Graves' charging affidavit contains a rather revealing falsehood. Deputy Graves wrote:

"......the defendant did not allow direct contact and the son only answered in one word responses which caused further concern with the law enforcement officers present in that they believed the answers presented by the son were made under duress. The described interaction was also noted to have been captured on the described video."

We invite our readership to review the linked Thripp videos - so that they can determine for themselves - whether the son was answering in "one word responses".

We suspect that our readers will conclude as we did - that Deputy Graves' statement can not be backed by the video evidence - as he has alleged in his sworn charging affidavit. In our opinion the son was being very vocal in his desire not to come out of the house to speak to the deputies.

Realizing that it's a crime to misuse the 911 emergency communication system - is it also a crime for a law enforcement officer to lie in a sworn written statement to the Court? We believe that it is. Then again - maybe Deputy Graves made a simple mistake. However, honest mistakes are usually quickly corrected - while nefarious misrepresentations of the facts are not so quickly corrected.

Recently, Mr. Thripp filed a Demand For Discovery with the Court - within this document - Thripp memorializes this particular concern within Deputy Graves' sworn charging affidavit.

Should this case go to trial - Deputy Graves might find himself in a similar situation that LAPD Detective Mark Furman found himself in during the OJ Simpson murder trial. In short - has the charging officer lied - and if so - has this lie compromised the credibility of the filed charge? Further - if his department and the State Attorney are aware of the lie - and does nothing to correct it - does this also attached credibility issues to them (VCSO / SA)? We think it does - what do you think?

VCSO's Handling Of Similar Incidents

How has the VCSO handled similiar past situations of citizens mis-using the 911 system OR refusing to engage the VCSO at their front doors? VolusiaExposed.Com believes that by reviewing how the VCSO has handled past alleged misuse of the 911 system - it will allow us - and our readers - to fairly evaluate whether the charge filed against Thripp was done under an honest OR a retaliatory purpose?

The Mark Carper Incident

In April 2012 - Mr. Mark Carper's DeLand neighbors were making 911 calls stating that Carper was threatening them with a fire arm. Allegations included hearing random gun shots coming from the direction of the Carper home.

The VCSO did send deputies to the Carper home - in order to investigate his neighbors concerns for their safety.

As is documented in our January 2013 article - when deputies arrived at Mr. Carper's front door - Carper proceeded to place a handgun to his head - causing the deputies to retreat - while requesting further law enforcement back up.

2012 - Sheriff Ben Johnson Discusses
The Mark Carper Incident

Initially - the VCSO surrounded the Carper home - attempting to convince him to come out of the house. However - shortly later - and as outlined in the attached video statement by Volusia County Sheriff Ben Johnson - the VCSO pulled away from the Carper house - with Mr. Carper being allowed to remain in his home. Approximately two weeks later - shortly before committing suicide - Mr. Carper shot and killed his neighbor.

During Sheriff Johnson's bid for re-election in 2012 - VolusiaExposed caught Johnson on video explaining why the sheriff department did not remove Mr. Carper from his home (video attached). Bascially - Johnson stated that Carper was in his home - HIS CASTLE - and he (Carper) had not done anything wrong. So - regarding the Thripp incident - was (is) Thripp's home his castle - and what crime was Thripp committing by not coming out of his castle?

And here is a question for our readers - if a group of armed persons claiming to be the police were outside your house in the middle of the night - you have not called them - and you know you haven't committed a crime - they will not fully answer your questions - and they were threatening to break your door down - what would you do ? Would it possibly include calling 911?

The Patricia Marianetti Incident

As detailed in our May 2013 article - for whatever reasons - Patricia Marianetti apparently desired to commit what is commonly known as "suicide by cop".

In forwarding her desire to die - Marianetti made a false 911 call - stating that her house was actively being buglarized. The Volusia County Sheriff Department appropriately scambled deputies to the Marianetti home address.

Upon the deputies arrival - they confronted Marianetti pointing what deputies initially thought was a rifle in their direction. The rifle was eventually identified as a pressure washer wand.

Marianetti refused to drop the "weapon" and was shortly thereafter shot by a responding deputy.
Patricia Marianetti

Marianetti was transport to the hospital via sheriff helicopter - where she survived her wounds. She was never charged with any crime - - to include misuse of the 911 system. But then again, she lived in an affluential area of the county.

The Cynthia Colston Incident

According to her December 2010 arrest report the Volusia County Sheriff Department criminally charged Cynthia Colston with misuse of the 911 system.

Colston usage of the 911 system dealt with a disagreement between herself and her manicurist over the proper length of her fingernails.

Shortly after her arrest - Colston retained a local attorney who promptly filed with the Court a Demand For Discovery. In short - Colston's attorney made a legal request for all the evidence the prosecutor had in support of their criminal prosecution against Colston.

Such discovery demands can be very time consuming and costly to fulfill - and in the Colston prosecution - it was like having to spend a dollar to chase a nickel case. Apparently someone within the State Attorney's office had the common sense not to waste taxpayers' dollars on a nickel prosecution - by quickly filing a No Informational - thus ending the Colston prosecution.

Cynthia Colston

In our (VolusiaExposed) opinion both Colston & Marianetti should have been charged and prosecuted with misuse of the 911 system. However - neither were prosecuted - and Marianetti wasn't even arrested for her calling 911 with the lie that her house was being broken into - simply so she could goat the responding deputies into shooting and killing her.

Final Comments

We (VolusiaExposed) imagine that some of our readers are saying - "why didn't he just open his door and speak to the cops - I would have". While that was an option - Thripp could have waived his Constitutional rights - and voluntarily engaged the police - however - he simply decided as an American - not to. And honestly - from where we are standing - his criminal charge appears to have more to do with him exercising his Constitutional rights - then it has to do with him misusing the 911 system. If you feel differently - and care to help us understand your point of view - please feel free to write us and explain the following to us.

1. Why was Mr. Carper's home "a castle" - but the police threatened (watch Thripp video) to kick in Thripp's front door?

2. How are Marianetti's & Colston's misusage of the 911 system not prosecutable - but Thripp's usage is prosecutable?

If you have a desire to address us in person - we will be attending and exercising our first amendment right to video record Mr. Thripp's docket sounding today (October 3, 2016) @ 1:30pm in Judge Schumann's City Island courtroom.

Stand by to stand by - more is surely to come .........

We look forward to your comments on this situation.
Drop us a line to let us know what you think.