Shawn Hines gave three different versions of where he was -- all allegedly happening during the ~15 to 20 seconds that the handgun was in my hand (pointed at the ground, finger nowhere near the trigger):
1) standing with his child (in a stroller) in his driveway
2) walking from the (common) mail boxes
3) standing in his garage with his back toward me
But none of those versions was true. They were all lies.
Shawn Hines was actually hiding behind his house, behind his bushes, taking pictures.
Shawn Hines also denies that -- on another occasion -- he shouted at me, "What kind of [either idiot or asshole] buys a $4,800 table saw as 'retail therapy ?'" It was about the fourth time that he'd shouted at me, using profanity on almost every occasion (police reports filed).
But when the police came to talk with him -- although Shawn Hines denied ever saying it -- his wife, Allison, spoke up: they hadn't been cyber-stalking me. The HOA lawyers told Shawn and Allison Hines that they (the lawyers) had found an Internet post where I said that I had bought the table saw "as retail therapy."
In disclosing that fact, Allison Hines made it obvious that Shawn Hines was lying.
To the police.
Shawn: if you're going to lie to the police, it's better that you and your wife get your stories straight first.
Also, immediately after the incident happened, I took notes:
11/30/11 after 6pm - "What kind of asshole would buy a $4,800 saw in the name of 'retail therapy.' " - Shawn. Standing by his truck. Then, Shawn walked to Ryan's house, after returning from Texas trip. Gave Ryan wood that he had brought back from Texas."
In Court, those notes are what's called a "Contemporary record." They're considered an accurate depiction of events.
And Shawn Hines destroyed evidence. Do you think he would have destroyed evidence if it made me look guilty ?
Colorado law says that a jury can assume that evidence which was intentionally destroyed would have been favorable to the defendant (ie, made them look innocent).
Ryan Donovan told the police that he "saw Hines go into his garage, and when Hines turned his back to Brooks, Donovan saw Brooks pull out the dark tan handgun from his right pants pocket. Donovan told [Fort Collins Police Officer Kristie] Allen that Brooks kept the gun in a 'ready' position for approximately 20 seconds until Hines went into his residence."
So Ryan Donovan also said that Shawn Hines was in his garage with his back to me. But during the same (according to Ryan) 20 seconds ... Shawn was actually behind his house, behind his bushes, taking pictures.
So Shawn Hines thinks that he can be in THREE places at once, but Ryan Donovan only claims that Shawn Hines can be in TWO places at once.
They both lied.
To the police.
Ryan Donovan also said that -- while I was outside -- I was "constantly scanning [ie, looking around]."
Of course I was. If I had seen any of the neighbors outside, I would have gone back into my house. I never left my house unless I was certain that there was nobody else around.
That's what you see when -- in the first picture (with the gun in my hand), I'm looking down, while in the second picture -- taken (literally) four seconds later -- I'm looking up: I was constantly scanning. You also see the 11am Colorado sun directly in my chemically-burned eyes.
Shawn and Ryan: if you're going to lie to the police (who seemed remarkably unaware that you were lying), it's much better to get your stories straight.
City Mediator, Jenny Kidd, told Fort Collins Police Services that she had never agreed to meet with me.
But here's the evidence that she had scheduled a mediation meeting and that she did stand us up.
Jenny: if you're going to lie to the police, it's better if you remember whether or not you left a paper trail.
While I did send dozens -- if not hundreds -- of emails to the media, politicians, and disabled rights groups, I never sent anything to anybody anonymously.
Was it wise -- under any circumstances -- to have a handgun out of its holster, even for 20 seconds in a residential neighborhood ? No. It wasn't. Even though -- right or wrong -- I was certain there was nobody else around.
But there's a profound difference between 'unwise' and a felony.
It's only because some of the people in this story were so willing to blatantly lie to the Fort Collins Police (and the Fort Collins Police were so ready to believe those lies) that I was ever arrested in the first place.
Incidentally, isn't lying to the police a crime ? I'm quite sure that it is.