Here's a copy of my motion to dismiss filed on December 21, 2005:
Commonwealth of Kentucky
Circuit Court
Monroe County
Commonwealth of Kentucky Plaintiff
vs. Case No. 05-CR-00082
Winston Ward Johnson Defendant
MOTION TO DISMISS
Comes now the Defendant, in propria persona and prays that this Honorable Court will dismiss the four (4) counts of Stalking in the First Degree in Case No. 05-CR-00082. Defendant requests dismissal on the grounds that by the very definition of "to stalk" as defined in KRS 508.130(1)(a)3 and the exception in KRS 508.130(2) he did not "stalk" Wesley W. Stephens between July 29, 2005 and September 21, 2005 as charged in Indictment No. 05-CR-00082.
The defendant was engaged in a legitimate course of conduct for 22 day from July 29, 2005 thru September 16, 2005 while exercising his natural, inherent and inalienable right to: (1) freely communicate his thoughts and opinions, (2) redress grievances by remonstrance and, (3) bear arms in defense of himself, to wit:
Bill of Rights of the 1891 Constitution of Kentucky, Section 1: All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: First: The right of enjoying and defending their lives and liberties. Fourth: The right of freely communicating their thoughts and opinions. Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance. Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
The defendant was engaged in the legitimate act of remonstrance for 22 days from July 29, 2005 thru September 16, 2005. Black's Law Dictionary, 8th Edition, page 1321 defines "remonstrance" as (1) a presentation of reasons for opposition or grievance. (2) a formal document stating reasons for opposition or grievance. (3) a formal protest against governmental policy, actions, or officials. The right of self-defense is probably the most fundamental right of a free Human Being. After receiving reports of two death threats on 8/18/05 and 8/22/05 the defendant began exercising his natural, inherent and inalienable right of self-defense while exercising his right of redress by remonstrance.
On August 29, 2005 while he was standing on a public sidewalk on the corner of Main and 3rd Streets in Tompkinsville the defendant was intentionally struck by a vehicle driven by Jack Parker Carter. On September 16, 2005 Danny Vinson attacked and damaged 3 of defendant's signs located on Main Street in Tompkinsville. Danny Vinson is said to be a private investigator and carries a pistol on his person.
On September 16, 2005 at approximately 4:30 pm a black Ford pick-up pulling a goose-neck trailer loaded with round bales of hay deliberately cut the corner of Main and 3rd Streets, ran over and destroyed one of defendant's 5 foot signs and almost hit him and his bicycle cart.
These 3 incidents were all reported to the Monroe County Sheriff's Department, Tompkinsville City Police and to the staff of the Monroe County Attorney.
While it may have been thought by some that the statements on defendant's signs were offensive and his course of conduct outrageous, the majority of those viewing defendant's signs was that of approval and acknowledgement that Monroe County has a serious problem with corrupt public servants, including and especially Wesley W. Stephens.
At no time did the defendant's course of conduct rise to the level of criminal behavior.
Perhaps one the the defendant's signs will best expain his purpose and course of conduct during his 22 days of remonstrance in front of the Monroe County courthouse from July 29, 2005 thru September 16, 2005, it stated:
"Public servants of Monroe County, if you choose to violate the Constitution you better grab a large tube of Preparation H because I, Winston Ward Johnson will become your worse case of hemorrhoids ever! Believe me I'm on your case like stink on a fresh pile of shit! Obey the Constitution or resign!"
Wesley W. Stephens was not the sole or even the main focus of defendant's remonstrance, rather it was to expose all corrupt public servants in Monroe County who violate both the Constitution and laws of the Commonwealth of Kentucky.
Defendant engaged in 22 days of remonstrance (as defined in Black's Law Dictionary, 8th Edition, page 1321, definition number 3) against Wesley W. Stephens because of his false, lying, slanderous statement against my son Winston Ward Johnson II in Juvenile Court on July 26, 2005.
On July 29, 2005 Wesley W. Stephens lied to defendant 3 times in the presence of a witness, therefore defendant displayed large signs explicitly stating that Wesley W. Stephens was a "Liar", a "Damn Liar", "Lying Sack of Shit", and a "Frickin' Liar". A video tape of the Juvenile Court proceedings on July 26, 2005 and a witness present on July 29, 2005 substantiate these facts.
Defendant did not at any time wear a t-shirt with the symbol of a "cocked pistol" on it. However the defendant did wear a t-shirt with two hands and the name Wes on it, one hand had the middle finger fully extended and the other pointing outward. Defendant has a witness from the store where the shirt was purchased that will testify that the symbols/name on the t-shirt means "fuck you Wes". Therefore unless Wesley W. Stephens thought defendant was actually threatening to sexually assault him there was absolutely no reasonable basis for fear of serious physical injury or death.
The defendant at no time threatened anyone, the defendant did not "stalk" anyone but rather was the victim of 2 death threats and two separate deadly assaults by individuals driving motor vehicles.
On the dates specified in Indictment No. 05-CR-00082 (July 29, 2005 thru September 21, 2005) the defendant was merely exercising his natural, inherent and inalienable right to: (1) freely communicate his thoughts and opinions, (2) redress grievances by remonstrance, and (3) bear arms in defense of himself.
Wherefore in consideration of these facts the defendant prays that this Honorable Court will recognize and uphold the great and essential principles of liberty and dismiss the 4 counts of Stalking in the First Degree in Case No. 05-CR-00082.
Respectfully, Winston Ward Johnson, %320 Shaw Station Road, Leitchfield, Kentucky 42754