The Davy V. Blog: Taxpayer Who Was Arrested After Questioning Monroe County, NY Sheriff's Deputies, Found Guilty

DEPUTY BARETELA YELLS AT RYAN CONKLIN

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Ryan Conklin, the Webster, NY man arrested after questioning Monroe County, NY Sheriff's deputies hanging out at a greasy fast food joint on one of the busiest DWI nights of the year, July 4th, was convicted of disorderly conduct Thursday afternoon.

Conklin was charged with two counts of disorderly conduct.

Specifically, New York State criminal penal law 240.20 subdivisions 2 and 3.

Here's how NYS cpl 240.20 reads in part:

A person is guilty of disorderly conduct when he or she with the intent to cause public inconvenience, annoyance or alarm, or recklessly thereof.

1. He engages in fighting or in violent, tumultuous, or threatening behavior, or

2. He makes unreasonable noise, or

3. In a public place, he uses abusive or obscene language, or makes an obscene gesture,

Henrietta, NY Town Justce Steven Donsky acquitted Ryan Conklin of subdivision 3, basically using abusive or obscene language or gestures.

However, Judge Donsky found Conklin guilty of subdivision 2.

Making unreasonable noise.

Even though in the video, Monroe County, NY Sheriff's deputy Phillip Baretela is clearly the one who is yelling at Conklin, before charging the millionaire businessman, in full gestapo, flat footed, jackbooted mode.

Go figure.

Conklin was sentenced to a one year adjournment in contemplation dismissal, or ACD, which basically means that if Conkln is falsely arrested again within the next year, his disorderly conduct case will be reopened.

Disgusting.

Taxpayer questions public servants whose salaries he helps pay.

Taxpayer gets arrested.

Taxpayer gets convicted.

Taxpayer is on the hook, and at the mercy of one of the dirtiest, most corrupt, Good Ol' Boys criminal "Justice" systems, for a an entire year.

That's Monroe County, NY Justice for ya.

A judge lets Charlie Tan go free.

A cold blooded murderer who blew his father's head off with a shotgun.

And another judge convicts a taxpaying citizen who excercised his first amendment right, by questioning some lazy cops at a grease pit.

How Un-American.

By Davy V.

"Hey whatever happened to that guy that was arrested for questioning cops eating at a restaurant?"

That's a question I get asked often.

Well, "that guy" is Ryan Conklin, a millionaire entrepreneur.

And the "cops" are Monroe County, NY Sheriff's Deputies Philip Baretela, Baker, and Wheeler.

For those unfamiliar with the case, here's what happened.

On July 4th, Conklin, and his chauffeur, stopped in to grab a bite to eat at Henrietta Hots, a greasy burger/hot dog hole in the wall in Henrietta, NY, a suburb of Rochester.

Upon Conklin walking in, he noticed three Monroe County, NY Sheriff's deputies all taking their lunch break, cracking jokes, and shooting the shit.

Now, to many this may have have seemed normal.

Cops grabbing a late night bite to eat, nothing wrong with that, right?

Well, not so quick.

You see, Conklin saw something else.

He saw three deputies, on duty, all eating together on the 4th of July weekend.

At 2:00 a.m.

Now let's break this down...

July 4th weekend.

2:00 a.m.

Precisely the time when bars have just served their last call for alcohol to intoxicated, drunk patrons.

Intoxicated, drunk patrons who are getting behind the wheel.

Intoxicated, drunk patrons who are getting behind the wheel and put other innocent lives at risk.

In other words DWI.

And Conklin knows firsthand about DWI and the effects it has on families.

When Conklin was just 8 years old, his family lost a good friend to DWI.

Then, in high school, Ryan Conkln's high school friend had to be extricated from his vehicle by the jaws of life, and suffered serious injuries after a drunk driver crashed into his car.

DWI is a serious issue, throughout the country, and in Monroe County.

In fact, in 2014, the same year Ryan Conklin was arrested, DWI's in Monroe County rose to 2,771 from 2,701 the previous year.

An increase of 70.

But if it's one thing I've learned in the 20-plus years that I have spent exposing police misconduct and corruption, it's that cops don't like to be video recorded.

And they don't like to be questioned.

As Ryan Conkln would soon find out.

Ryan Conklin

THE ARREST

"I simply asked three Monroe County Sheriff's deputies why they were all at Henrietta Hots when it is a busy holiday weekend", Conklin told me shortly after his arrest last year.

"And I suggested they be split up, and police the area, taking staggered breaks."

"During the full discussion, my hands were behind my back in a non-aggressive manner, then the three deputies got in a triangle around me and I was thrown against the wall and handcuffed."

The video recorded by Conklin's driver shows an irate Monroe County Sheriff's Deputy Phillip Baretela, badge number 2669, yelling and barking orders at Conklin, in full gestapo-like fashion.

"I suggest you turn around!" Deputy Baretela yells at Conkln.

"Are you a bad ass?", Baretela asks Conkln.

Baretela then lunges at, assaults him, violently grabbing him by his arm, pushing him back, as the other two deputies rush Conkln.

DEPUTY BARETELA ASSAULTS RYAN CONKLIN

In the video, Ryan Conklin can be heard repeatedly asking deputies why is he being arrested.

But the deputies refuse to answer.

You see, they don't really know themselves.

They'll have to make something up.

But that comes later.

Conkln is then taken to the Monroe County. NY Sheriff's B Substation where he is held in a holding cell for a couple of hours, while the deputies search for something to charge him with.

Disorderly conduct.

HENRIETTA, NY TOWN JUDGE STEVEN DONSKY

THE TRIAL

Nearly a year after he was arrested, and after countless adjournments and rescheduling, Ryan Conklin finally got his day in court.

Now, it's important to keep in mind that Disorderly Conduct is a violation.

I mean most of the time murder trials move along faster than Conklin's case!

Which leads me to think that the amount of publicity that Conklin's case has received since I wrote about it on this blog, and subsequently went viral, has a lot to do with the case dragging on like it has.

After all, think about it, on duty cops hanging out at a burger joint at 2 a.m. on July 4th weekend instead of looking for drunk drivers, arresting a taxpaying millionaire business owner for asking them a question, is the sort of case which Monroe County, NY and Henrietta Town officials, including Judge Donsky, would want to delay, in an attempt to have the public (TAXPAYERS) forget.

On June 6, 2015, just over 11 months after Ryan Conklin was arrested, his trial began in front of Henrietta Town Judge Steven Donsky.

But as Conklin would soon see, his wait for justice would be once again delayed.

The prosecution's witnesses were Monroe County, NY Sheriff Deputy Phillip Baretela and Deputy Baker.

No surprise there.

However it's the prosecution's star witness, which shows just how much this case means to them, and how desperate they are to convict Ryan Conklin.

Prosecutors called Aaron Matthew Graff, a Henrietta Hots employee, drug addict, ex-con and two-time predicate felon, as their first witness.

Graff is a career criminal.

His long criminal history which began more than 20 years ago, includes convictions for attempted robbery, Felony DWI, and Felony possession of a controlled substance.

Graff testified that Ryan Conklin was loud, and that he was telling deputies they were public servants.

Which is true.

They are.

And, as public servants they're not beyond reproach, or above being held accountable, especially by the very same citizens, i.e.: TAXPAYERS, who pay their salary.

Of course, the Monroe County, Sherrif's Office, along with Monroe County, NY Assistant District Attorney Adam Van Heyst, needed someone to say that Conklin was loud and belligerent.

And they found that in Aaron Graff.

A druggie ex-con.

A druggie ex-con who will say anything.

Because ALL druggie ex-cons, especially a two-time felon druggie ex-con, will need a favor from law enforcement at some point in their addict lives.

And the Monroe County, NY Sheriff's Office knew this.

Trust me,

I guarantee you Aaron Graff got a get out of jail card for testifying (LYING) against Ryan Conklin.

The second day of the trial was June 8th.

Then there was a break.

A three week break.

Something unheard of in most trials.

Conkln's trial resumed on June 23rd, with Conklin taking the stand.

Then another break.

This one, just over 2 months.

Yes.

2 months.

On August 26, 2015, Conkln's attorney and Monroe County, NY Assistant Dstrict Attorney Adam Van Heyst presented their closing arguments.

The case then went to the judge.

But the wait continues.

November 5th, will mark the 5th day of Conklin's trial.

A trial which has dragged on for over a year.

A trial which lasted just 4 days.

Over a span of 5 months.

A trial which which challenges the Constitution of The United States of America.

Specifically, the first amendment.

A citizen's right not only to free speech, but their right to hold police officers accountable.

Public servants.

Public servants whose salaries are paid by taxpayers.

Taxpayers like Ryan Conklin.

Ryan Conklin's trial is based on an arrest that should have never happened.

A false arrest.

A false arrest by Mnrpe County Sheriff's Deputy Phillip Baretela.

A cop with a chip on his shoulder.

A cop who didn't like a taxpayer citizen questioning him.

The sad thing is that if the same thing that happened to Ryan Conklin, had happened to the average joe, he/she would have been coerced by our American "Justice" system to cop out to a plea.

Usually some Adjournment in Contemplation of Dismissal, commonly referred to as an "ACD."

Basically a trap.

Accept the "ACD", and for the next 6 months, you're at the mercy of a fucked up legal system.

And a corrupt law enforcement system.

You see, if you have the misfortune that Ryan Conklin had on that 4th of July, and happen to cross the path of a bully cop, and catch a charge, that "ACD" will come back at you, and be reopened.

But it didn't happen to the average Joe Blow.

It happened to a millionaire named Ryan Conklin.

Who had the wherewithal to fight it.

To fight an injustice.

And I hope he wins.