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Author Topic: KG6WIV is the same as Opie1 on CB in Modesto, CA  (Read 37734 times)
5R8GQ
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Posts: 203




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« Reply #30 on: October 20, 2007, 04:24:10 PM »


So what is the latest news on this story?
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KE7UAF
Member

Posts: 36




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« Reply #31 on: May 19, 2008, 09:37:57 AM »

Wow.... that thread was quite the read.
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NOMDEPLUME
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Posts: 13




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« Reply #32 on: May 21, 2008, 08:43:06 AM »

Bradley Jay Smith W6BJS old call KG6WIV
Modesto Bee Newspaper
last updated: May 21, 2008 04:22:02 AM

Man indicted in hate crimes against his neighbor
A Modesto man who made racist threats against a black neighbor, including a promise to burn a cross on that man's lawn, was found guilty of two felonies Monday and faces up to 15 years in prison.

Bradley Jay Smith, who suffered several seizures during a four-day trial in U.S. District Court in Fresno, was immedi- ately taken into custody. After deliberating for less than one day, 12 jurors said Smith interfered with Alfred Henderson's housing rights and lied to a federal investigator.

In addition to the cross-burning threat, witnesses said Smith threatened to hang Henderson from a tree, sexually assault Henderson's wife and throw a Molotov cocktail into the couple's home.

Henderson, who moved from Modesto after Smith was indicted, said he was relieved by the verdict.

"My wife is terrified of that man," he said.

The two men engaged in a war of words on the citizens band radio, with Smith, 25, who was known as "Opie 1," launching into a tirade whenever Henderson, 52, who was known as "Slave Driver," began broadcasting.

Things escalated when Smith brought six of his buddies to Henderson's former home on Estep Drive on Oct. 28, 2005. That incident brought the Modesto police to the scene and landed Smith in jail two days later, but the Stanislaus County district attorney's office declined to prosecute.

Smith went back on the radio and bragged that he could not be stopped, Henderson said, but the FBI pursued the matter, and federal prosecutors persuaded a grand jury to indict him in August.

Hate crimes are rare, but they can carry heavy penalties. Since 2001, federal authorities have charged 184 people with bias- motivated crimes nationwide. A prosecutor said he will ask for no less than five years when Smith is sentenced July 25 because Smith's actions incited violence.

"Our argument was that it crossed into criminal activity when Smith and his friends went to Henderson's house on Oct. 28," Assistant U.S. Attorney David Gappa said. "It's not just words. It was conduct."

Assistant Federal Defender Marc C. Ament, who represented Smith, could not be reached for comment.

Prior conduct taken into account

Few offenders receive the maximum punishment. For example: A Lassen County man who burned a cross on a church lawn as a warning to a black priest last year was sentenced to two years in prison.

Smith's prior conduct could count against him when a judge hands down a punishment: He was convicted of grand theft in 2003 and he lied to police about his involvement in a racially motivated shooting in 2005.

According to court records, Smith shouted, "Get out of here, n-----," when a black man pulled into a Modesto parking lot. The black man left, but returned and discharged a firearm, prompting a criminal case in which Smith was a witness against the man.

Smith did not take the witness stand at his trial, but he did tes- tify before the grand jury that said he must stand trial for taunting Henderson. In that proceeding, Smith acknowledged an antagonistic relationship with Henderson, but he insisted that his CB radio chatter was just banter.

According to a transcript, Smith stressed the fact that he did not make good on any alleged threat, but also acknowledged that he moved into a home a block from the Hendersons because he wanted to use high- powered radio equipment to drown out Henderson.

In legal papers, authorities said Smith harassed Henderson from June 1, 2005, to May 24, 2007.

Henderson said he will be glad to put the whole ordeal behind him, adding that he has no comment on the punishment Smith should receive. He hopes the verdict sends a message to anyone who thinks hateful speech is just a lark.

"Nobody is above the law," Henderson said.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

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KF6OYJ
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Posts: 3




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« Reply #33 on: May 21, 2008, 07:01:51 PM »

Modesto man found guilty of making racist threats
He faces 15 years in prison for harassing neighbor

By SUSAN HERENDEEN
sherendeen@modbee.com

last updated: May 21, 2008 08:25:11 AM

Man indicted in hate crimes against his neighbor
A Modesto man who made racist threats against a black neighbor, including a promise to burn a cross on that man's lawn, was found guilty of two felonies Monday and faces up to 15 years in prison.

Bradley Jay Smith, who suffered several seizures during a four-day trial in U.S. District Court in Fresno, was immedi- ately taken into custody. After deliberating for less than one day, 12 jurors said Smith interfered with Alfred Henderson's housing rights and lied to a federal investigator.

In addition to the cross-burning threat, witnesses said Smith threatened to hang Henderson from a tree, sexually assault Henderson's wife and throw a Molotov cocktail into the couple's home.

Henderson, who moved from Modesto after Smith was indicted, said he was relieved by the verdict.

"My wife is terrified of that man," he said.

The two men engaged in a war of words on the citizens band radio, with Smith, 25, who was known as "Opie 1," launching into a tirade whenever Henderson, 52, who was known as "Slave Driver," began broadcasting.

Things escalated when Smith brought six of his buddies to Henderson's former home on Estep Drive on Oct. 28, 2005. That incident brought the Modesto police to the scene and landed Smith in jail two days later, but the Stanislaus County district attorney's office declined to prosecute.

Smith went back on the radio and bragged that he could not be stopped, Henderson said, but the FBI pursued the matter, and federal prosecutors persuaded a grand jury to indict him in August.

Hate crimes are rare, but they can carry heavy penalties. Since 2001, federal authorities have charged 184 people with bias- motivated crimes nationwide. A prosecutor said he will ask for no less than five years when Smith is sentenced July 25 because Smith's actions incited violence.

"Our argument was that it crossed into criminal activity when Smith and his friends went to Henderson's house on Oct. 28," Assistant U.S. Attorney David Gappa said. "It's not just words. It was conduct."

Assistant Federal Defender Marc C. Ament, who represented Smith, could not be reached for comment.

Prior conduct taken into account

Few offenders receive the maximum punishment. For example: A Lassen County man who burned a cross on a church lawn as a warning to a black priest last year was sentenced to two years in prison.

Smith's prior conduct could count against him when a judge hands down a punishment: He was convicted of grand theft in 2003 and he lied to police about his involvement in a racially motivated shooting in 2005.

According to court records, Smith shouted, "Get out of here, n-----," when a black man pulled into a Modesto parking lot. The black man left, but returned and discharged a firearm, prompting a criminal case in which Smith was a witness against the man.

Smith did not take the witness stand at his trial, but he did tes- tify before the grand jury that said he must stand trial for taunting Henderson. In that proceeding, Smith acknowledged an antagonistic relationship with Henderson, but he insisted that his CB radio chatter was just banter.

According to a transcript, Smith stressed the fact that he did not make good on any alleged threat, but also acknowledged that he moved into a home a block from the Hendersons because he wanted to use high- powered radio equipment to drown out Henderson.

In legal papers, authorities said Smith harassed Henderson from June 1, 2005, to May 24, 2007.

Henderson said he will be glad to put the whole ordeal behind him, adding that he has no comment on the punishment Smith should receive. He hopes the verdict sends a message to anyone who thinks hateful speech is just a lark.

"Nobody is above the law," Henderson said.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.
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5R8GQ
Member

Posts: 203




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« Reply #34 on: May 21, 2008, 10:48:28 PM »

BY: KF6OYJ on May 21, 2008  
Modesto man found guilty of making racist threats
He faces 15 years in prison for harassing neighbor
<SNIP>
Wow! Thanks for the info Frank! Did you NOT READ the preceeding post or did you just learn to cut and paste and thought you'd give it some practice?
Maybe you can practice your punctuation next.
Maybe folks need to read things twice in Modesto before they sink in.

This Opie guy is the reason I am against No Code licensing. He learned his "on the air behavior" on CB, like lots of folks. When they get their No Code "licenses" (what a joke!) for little or no effort, they will just think of Ham Radio as CB with more frequencies and more power.
"10-4 Good Buddy! How's the skip up on 20 meters?"
"Ordered me a new Foot Warmer from HRO! I'll be wall to wall and tree top tall with that puppy!" <insert Roger Beep Here>

I hope that he goes to prison for a long time. And when he gets out, the parole board won't let him near any radio of any kind.
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KF6OYJ
Member

Posts: 3




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« Reply #35 on: May 22, 2008, 05:15:20 PM »

Wow, thanks Ken for the snide remarks. What a jerk. No I did not see the previous post until after I had posted it. Bradley Smith took advantage of me and others. I was overjoyed with the verdict. I posted it. Simple mistake you don't have to ram it down someones throat. "LIKE A CBER". Have a nice day.
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W6BR
Member

Posts: 59




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« Reply #36 on: May 27, 2008, 04:31:08 PM »

Wow, Sounds like the Old CB Days!!

Ron, W6BR
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KF6OYJ
Member

Posts: 3




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« Reply #37 on: August 23, 2008, 10:21:44 AM »

6½ years in prison for racist threats
Man vowed to burn cross at black neighbors' home

By ROSALIO AHUMADA
rahumada@modbee.com

last updated: August 23, 2008 04:31:11 AM

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Trial nearing in racist talk over CB radio
Racist threats suspect arrested in '05
A Modesto man who made racist threats against a black neighbor, including a promise to burn a cross on the man's lawn, was sentenced to 6½ years in federal prison Friday.

Bradley Smith, 25, was found guilty in May after a four-day trial in U.S. District Court in Fresno. He was convicted of interfering with Alfred Henderson's housing rights and lying to a federal investigator.

In addition to the cross-burning threat, witnesses said Smith, who is white, threatened to hang Henderson from a tree, sexually assault Henderson's wife and throw a Molotov cocktail into the couple's home.

Federal Judge Lawrence J. O'Neill sentenced Smith to 78 months in prison and three years of supervised release.

"The jury's verdict stands as an unequivocal statement from the Central Valley community that hate-motivated statements will not be tolerated," U.S. Attorney McGregor Scott said in a news release.

Smith engaged in a campaign of racial intimidation against Henderson from June 2005 to May 2007, according to federal prosecutor David Gappa. Smith's intent was to drive Henderson from his home in northwest Modesto, Gappa said.

As a result of Smith's conduct, Henderson eventually moved to another community in the Central Valley, according to prosecutors.

The dispute began when the two men engaged in a war of words on citizens' band radio, with Smith, who was known as "Opie 1," launching into a tirade whenever Henderson, 52, who was known as "Slave Driver," began broadcasting.

The men were avid CB radio users, and many of Smith's threats were overheard by other Modesto-area radio users, according to Gappa.

Things escalated when Smith brought six of his buddies to Henderson's then home on Estep Drive on Oct. 28, 2005. That incident also brought the Modesto police. Officers arrested Smith on suspicion of making a terrorist threat.

The incident landed Smith in jail two days later, but the Stanislaus County district attorney's office declined to prosecute.

Assistant District Attorney Carol Shipley has said her office rejected the case because officials did not believe there was sufficient evidence to prove a crime occurred.

When prosecutors rejected the case, a detective notified an FBI agent.

Smith went back on the radio and bragged that he could not be stopped, Henderson said, but the FBI pursued the matter. Federal prosecutors persuaded a grand jury to indict him in August 2007.

Since 2001, the Civil Rights Division of the U.S. Justice Department has charged 191 defendants in 129 cases of bias-motivated crimes.

"Threatening to attack someone and their family in their home because of their race or color is offensive to our nation's fundamental values," said Grace Chung Becker, acting assistant attorney general for the Civil Rights Division. "The Justice Department is committed to vigorously prosecuting the federal laws that prohibit such violent threats."

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.

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5R8GQ
Member

Posts: 203




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« Reply #38 on: March 24, 2009, 07:18:15 PM »

Maybe he'll make lots of "Good Buddies" in Prison!
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KL7YK
Member

Posts: 42


WWW

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« Reply #39 on: March 26, 2009, 09:09:33 AM »

I am just glad it's over anyway.

I have used CB radios and used in the way they were intended they work fine.  But like anything involving people there will be cases of abuse.  A bigot does not need a radio to be a bigot.  He also does not have to be a CBer or a No Code Ham to be a bigot.  Tirades on the radio or on an internet forum does not make you a man, it makes you a loud mouthed idiot.

Enjoy jail Opie1, and for all those narrow visioned people out there who like to hate. Remember, what goes around comes around.

Ron, KL7YK
Anchorage

"Remember, it's a hobby not a religion!"
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PULLRAFTT
Member

Posts: 65




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« Reply #40 on: May 02, 2009, 06:23:16 PM »

Just read this thread for the first time. What a hoot!!!! LMAO!!!
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W5NET
Member

Posts: 1


WWW

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« Reply #41 on: May 14, 2009, 04:50:15 PM »

5R8GQ wrote > "This Opie guy is the reason I am against No Code licensing."

Oh, come on. Linking all no-code operators in with the character described in this thread would by like linking you in with bank robbers because someone robbed a bank while driving a vehicle like yours. I'm darn tired of your brand of bigotry and hatred in ham radio. My license gives me just as much of a right to be on the radio as you. If you don't like that, well that's just too bad. Likewise, since the rules don't prohibit it, if I want to say "10-4 Good Buddy" and you don't like that, again too bad. Nobody made you queen and ruler of ham radio etiquette, so climb off your judgmental high horse.
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W3LK
Member

Posts: 5644




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« Reply #42 on: May 15, 2009, 06:52:35 AM »

Dwight:

My post has absolutely NOTHING to do with the thread. Smiley

Thank you for your service!!! Come home safely when your tour is finished.

My son is active duty (career) Navy.

73,

Lon - W3LK
Naugatuck, Connecticut
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A smoking section in a restaurant makes as much sense as a peeing section in a swimming pool.
AD5TD
Member

Posts: 112




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« Reply #43 on: May 19, 2009, 01:31:59 PM »

Wow.... What a read.  Can't belive I missed this one.  

No Code does not equal bad ops.  Just listen on 20 or 75M any night.  There are "Extra before 2000" guys on there that could give lessons to Opie1.  
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K9FON
Member

Posts: 1012




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« Reply #44 on: May 19, 2009, 09:29:24 PM »

Yes there are LOTS of pre 2000 Extras, Advanced, and some 13 WPM Generals thrown in for good measure. Some of these guys have been hams for decades! The no coder = bad ops tripe doesnt hold water with me. Nor does the "dumbing down" crap i hear all the time.
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