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UPDATE: Corning pot shop owner arrests Red Bluff councilman
This story first appeared on our Web site Wednesday, and was updated for Saturday's Corning Observer on Saturday. The earlier version was wrongly posted a second time. We apologize for any inconvenience this may have caused
The owner of Tehama Herbal Collective in Corning placed a Red Bluff councilman under citizen’s arrest on Tuesday following an argument at the council meeting.
Ken Prather, owner of the pot shop, and partner with Jason Labonte in a medicinal marijuana political entity, Mother Earth Medicine in Red Bluff, attended the meeting to voice his opinion about two proposed ordinances on concerning medicinal marijuana.
Prather claims during the meeting, Councilman James E. Byrne, 83, kept falling asleep.
“I pointed this out while I was speaking at the podium,” said Prather. “I wasn’t the only to say something about it. The man didn’t appear to be listening.”
During a break in the meeting, Prather and Byrne were discussing the issue in the hallway just outside the council chamber.
“He started to yell and scream at me, saying ‘I hate you’ and started poking me in the chest with his finger,” Prather said.
He asked two Red Bluff police officers standing nearby if they witnessed the battery, but both said no.
“Other people around me saw what happened and told me it was battery and I should have Mr. Byrne arrested,” he said.
Byrne disagrees with Prather’s account.
“Mr. Prather threatened me, the whole City Council, staff and the police chief during the meeting,” Byrne said. “The discussion got heated and he provoked me. I can’t really say anymore than that.”
Although not injured, Prather placed Byrne under citizen’s arrest for battery, said the Red Bluff Police Department.
“I could have had him handcuffed and hauled away, but I told the police to wait until the meeting was over and to just issue Mr. Byrne a citation,” Prather said.
At the end of the council meeting, Byrne was issued a citation for misdemeanor battery by the police. The report will be forwarded to the Tehama County District Attorney’s Office.
“Nobody in the meeting stood up as Mr. Prather was making all kinds of accusations and said, ‘Hey, that’s not true. I stand by what occurred,” said Byrne, who is serving in his first full-term in office.
The council, on a 4-1 vote, approved an urgency ordinance to ban medical marijuana cooperatives, collectives, and dispensaries and the cultivation of marijuana.
It was Byrne who voted against the ban.
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| THC is more professional than most Tehama county businesses, and the Prathers have been outstanding members of the community for years. I can't imagine them doing anything more than respectfully standing behind their beliefs.
Just like Marijuana can be annoying to some, being jabbed and heckled is annoying to others. People who don't recognize this citizens arrest as a political statement and peaceful protest, are obviously missing the point of California's compassion act altogether. Move to the midwest.
The movement towards legalization has far too much momentum for NorCal to have any significant say in the matter. You should save your energy and thank the Prathers for stimulating our local economy in a time of crisis. In fact, I'm going to buy a big bag of smelly weed from them right now! |
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| Jason - Nov 22, 2009 09:26:56 AM | Remove Comment |
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| Well I had to take more than few insane CAs, and using 849b1 was the best way to deal with the, quote, suspect. Yes, of course you have to be sure your suspect won't make you regret your decision! |
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| DaveR - Nov 11, 2009 02:16:23 PM | Remove Comment |
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| Ken Prather, you are a coward! Do you really think that arresting an elderly council member is going to help your cause? I think you might have just ruined yourself and your so-called business! It's obvious you got him to do just what you wanted him to do, your lucky he didn't pound you into the ground. |
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| the real seriously - Nov 10, 2009 12:47:13 PM | Remove Comment |
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| For those of you who keep whining that we are picking on you and we should concentrate on the METH problem, please read the article on the eight people arrested by TIDE. We don't discrmimnate. Illegal drugs are illegal drugs. If you sell them eventually you will get caught. |
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| Local LE - Nov 10, 2009 08:26:41 AM | Remove Comment |
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| I agree that some of the CA's we come accross are a little suspect but that is why the liability and burden of proof goes to the citizen doing the arresting. I dont like it but our hands are tied in these situations. |
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| Local LE - Nov 09, 2009 08:17:12 AM | Remove Comment |
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| We would only be able to release him if there was not suffcient grounds to file the charge. However minor the act was and believe me I am not supporting Mr. Prather it was a violation of Battery 242 PC and therefore should be filed. 849b is typically used for persons who are arrested for public intoxication or under the influnce of narcotics to get them off of the street when they can no longer care for themselves. |
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| Local LE - Nov 09, 2009 07:57:03 AM | Remove Comment |
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| Local LE, sure you have to make the arrest per the CA by law, but you can then release the suspect per 849, no charges need be filed. Basically saying that in your opinion the action did not constitute a crime. That's the way to stop the unnecessary CAs. In this case, maybe the councilman should have not been cited, but release per 849, then he'd have some ammo going after Prather in a civil suit and not the other way around. |
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| DaveR - Nov 08, 2009 08:54:37 PM | Remove Comment |
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| Personally don't see much difference between those who sell dope that is meth or weed. Both make you braindead. |
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| Lee - Nov 08, 2009 04:52:06 PM | Remove Comment |
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| why dont you people who are scared or offended by the medical marijuana thing going on concentrate your efforts on the rampant meth problem in this tiny town first?
hello the meth is ruining more and more lives towns families neighborhoods than a medical marijuana place ever will.
would you all rather keep people sneaking around in the dark of night to get the pot they need to cope with whatever their illness is?
thats what makes things dangerous is the sneaking around. |
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| seriously - Nov 08, 2009 04:39:14 PM | Remove Comment |
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| BONGJAMESBONG Law enforcement did not have a choice but to file charges as it was a CITIZENS ARREST. We have to make the arrest and file the charge if a citizen asks us to. 95 percent of the time we are not even at the scene when it occurs and have to take the word of the people involved that the crime was even committed. From there the report is written and submitted to the DA. The accuser will then have to go to court and present his case. In these cases LE is simply there to assist the accuser in getting the report filed. Nothing more. |
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| Local LE - Nov 08, 2009 10:03:08 AM | Remove Comment |
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| Bottom line. At most the charge could only be a misdemeanor. As for your ignorance on citizens arrests I'll ignore. |
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| Lee - Nov 08, 2009 09:56:43 AM | Remove Comment |
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| Battery is a crime AND a tort, and consists at law of touching another person without their consent. There need not be any injury for a battery to have occurred, only the non-consensual physical contact. For a citizen's arrest to be valid, the crime committed has to be a felony.
This whole scenario is extremely rare. To make a citizen's arrest would naturally involve non-consensual detention as well as physical contact, so you can get an idea of just WHAT transpired at this city council meeting there must have been total chaos. The police must have witnessed the whole thing if they arrested a councilman and charged him after a citizen's arrest.
We have been abused so often over the past 70 years that it is little wonder that such a small event would provoke such a reaction. And its good to see someone fighting back in a legal way, and the law being on our side at least ONCE. This story is far from over, and I think Colorado will be seeing a lot of it over the next several months or so. Let's see if the prohibitionist establishment can fudge its way out of this mess. I wouldn't be much surprised if they did. |
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| bongjamesbong - Nov 08, 2009 07:47:13 AM | Remove Comment |
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| Its us against them, I went shopping in Chico this weekend and every store I went to had some stoner out in front with a poster board saying" legalize marijuna" and asking for signatures. Luckly Target had the backbone to call the cops and run the doper in front of their place off. This is getting out of hand. I am all for picketing and making the anit pot movement happen. Honk, picket, whatever lets do something, starting at going to city hall and demanding the spineless wonder Ken Prather be sited daily. Lets be heard |
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| joe me - Nov 07, 2009 10:26:04 PM | Remove Comment |
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| Good point cb, I think this just goes to show that someone under the influence or motivated by use doesn't know how to conduct themselves in a proper manner. Of course, addiction will do that to you, clouds your perspective or right and wrong. |
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| right - Nov 07, 2009 01:57:21 PM | Remove Comment |
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| So who's willing to make the effort? Let's do something about it. Honking is a start I guess. At the least, it'll be annoying! |
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| right - Nov 07, 2009 01:24:33 PM | Remove Comment |
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| Have a better idea. Every time you drive by the hungry cons THC shop honk your vehicles horn. |
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| Lee - Nov 07, 2009 01:14:51 PM | Remove Comment |
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| Just wondering, so very many of you seem like you're against this place, as I am. So why don't we do things the old fashion way like picket the place, stand out side with signs like "honk to support if you want this place closed" It's easy to argue on a blog, but why don't we do something pro-active to get this garbage out of our town? |
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| right - Nov 07, 2009 12:07:36 PM | Remove Comment |
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| Mr. Prather has serious issues placing an 83 year old man under citizen's arrest for poking him in the chest. Seriously! Both parties have the right to express their opinions and values, but this whole thing has gone too far. Take your immaturity, and your pot, and find a different place to cause trouble. We don't need it here. |
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| Teresa - Nov 05, 2009 09:01:01 PM | Remove Comment |
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| From a purely manhood perspective, Prather's action is weak. Really weak. |
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| DaveR - Nov 05, 2009 07:34:17 PM | Remove Comment |
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| Okay first of all before you comment on something you should know the facts. Mr. Byrne's stand on marijuana use or non use was not the issue. The issue was that there were obnoxious and out of control spectators and gallery members spouting off at the city council. They were accusing Mr. Byrne of being asleep during the meeting. Numerous times Mr. Byrne stated for the record I am not asleep. The video coverage shows Mr. Byrne was not asleep, but the hecklers kept shouting and making comments. Let's comment on that - just because someone is 83 years old does not mean they are out for the count and that they don't have viable ideas. The gallery should never be allowed to approach the city council and spout off during breaks. If Mr. Byrne was a younger person he probably would have pounded the guy instead of using some sort of self control and just poking him in the chest. This guy is my hero for still being an active part of our community and wanting to serve. I can't say that for most of the losers that were in attendance at the meeting. |
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| cb - Nov 05, 2009 06:15:42 PM | Remove Comment |
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