Lawsuit: Adjourned Commonwealth of Redmont v. Hzxpy and N3ghtmare [2021] FCR 116

[lawanoesepr]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CRIMINAL ACTION


Commonwealth of Redmont
Prosecution

v.

Hzxpy
N3ghtmare
Defendant

COMPLAINT
The Prosecution alleges criminal actions committed by the Defendant as follows:
The defendants posed as a employee of the DOJ in order to gain 200$ from KingComicz. This alarmed KingComicz. He later was attacked by one of the defendants and was arrested for murder while defending himself.

PROSECUTING AUTHORITY REPORT
Kingcomicz was contacted by the defendants posing as DOJ employees and told he was to pay 200$ for a fine. KingComicz refused and was told if he did not pay his land would be taken.

I. PARTIES
1. Lawanoesepr (prosecutor)
2. Neemfy (Co-Counsel)
3. KingComicz (Victim)
4. Hzxpy (Defendant)
5. N3ghtmare (Defendant)

II. FACTS
1. The defendants told KingComicz to pay 200$ or his land would be taken away.
2. The defendants were posing as employees of the DOJ.
3.The defendants lied to gain something of value.

III. CHARGES
The Prosecution hereby alleges the following charges against the Defendant:
1. Law 10.1 - Fraud- The defendants lied about being in a government position in order to gain 200$
2. Law 13.9 - Harassment - The defendant alarmed and caused distress towards KingComicz by saying that his land would be taken.


IV. SENTENCING
The Prosecution hereby recommends the following sentence for the Defendant:
1. 10 minutes jail, 200 dollar fine for breaking law 10.1
2. 5 minutes jail, 80 dollar fine for breaking law 13.9

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 22nd day of November 2021

 

[JoeGamer]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant, Hzxpy and N3ghtmare, are required to appear before the court in the case of the Commonwealth of Redmont v. Hzxpy and N3ghtmare. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Neemfy]

Your Honor, 48 hours has passed and the Defendant has failed to appear. We'd like to request a default judgement be reached.

 

[StitchMix]

Your honor, I am present and representing the defendants Hzxpy and N3ghtmare for this case from the PDP.

 

[JoeGamer]

Thank you Mr. StitchMix. You will be representing the defendants as their public defender. You will be given 48 hours to respond.

 

[StitchMix]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Commonwealth of Redmont
Prosecution

v.

Hzxpy and N3ghtmare
Defendants

I. ANSWER TO COMPLAINT
1. Hzxpy pleads guilty to the charges of 10.1 Fraud and 13.9 Harassment.
2. N3ghtmare pleads not guilty to the charges of 10.1 Fraud and 13.9 Harassment.

II. DEFENCES
1. The Prosecution assumes that the Defendant, N3ghtmare, is not a part of one of the three branches of the Department of Justice and could potentially be a Trainee Officer with their Trade Job being displayed in main chat without providing factual evidence against his position, therefore the Defendant, N3ghtmare, should not be charged with 10.1 Fraud.

2. Defendant, N3ghtmare, may not have been aware of the actions of Hzxpy to commit Fraud against the victim, KingComicz, as only a single response is given back from N3ghtmare.

3. The provided evidence fails to place Defendant, N3ghtmare, in any violation of Law 13.9 Harassment, as the response from the Defendant shows no malicious intent if indeed a member of the DOJ and providing a response to the victim’s question.

4. The Law 13.9 Harassment was only violated by Mr. Hzxpy since no evidence shows any violation for the Defendant, N3ghtmare, and as such should not be expected to have the same mens rea of Mr. Hzxpy.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 25th day of November 2021

 

[JoeGamer]

Thank you Mr. StitchMix, the State may present his opening statement.

 

[Neemfy]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OPENING STATEMENT

In this case, we will be proving that the Defendants committed Fraud and Harassment. Firstly, we will be responding to each of the defenses the Defendant has stated.

1. It was not a baseless assumption that the Defendant, N3ghtmare, is not part of “the three branches of the Department of Justice.” Firstly, there are not three branches of the Department of Justice, so the claim by the Defendant that they are a “branch of the Department of Justice” is an uninformed lie in an attempt to trick the victim. Secondly, there is no possible way that N3ghtmare, nor Hzxpy, could be employed with the Department of Justice, even as a Trainee Officer with their role hidden. N3ghtmare’s playtime is simply too low to even be considered for a position with the Department of Justice. In order to apply to be a Police Officer, you need a minimum of 96 hours of playtime. Shown in the image below, as of the writing of this Opening Statement, the Defendant has a total of at most ten hours of active playtime.

2. As shown in the single message by N3ghtmare, he is not only aware of Hzxpy’s attempt to commit fraud, but is assisting him directly. In lying about being a member of the Department of Justice, he is attempting to corroborate and strengthen Hzxpy’s claim of being a part of the DOJ in an attempt to fraudulently obtain money at the threat of “things becoming bad.” N3ghtmare is intentionally giving misinformation in order to cause distress in the victim.

3. Due to N3ghtmare’s assistance in Hzxpy’s continual threatening and lying to the victim in order to gain money, he is harassing the victim in conjunction with Hzxpy. Furthermore, as proven in the response to the Defense’s first point, it is simply impossible for N3ghtmare to have ever been employed with the Department of Justice, therefore lying in response to the victim’s question in order to instill distress in the victim.

4. As proven in the response to point 3 of the Defense, he is committing the crime in conjunction with Hzxpy, therefore should have the same charges brought against him.

Evidence of N3ghtmare's playtime:

 

[JoeGamer]

Thank you Neemfy. The Defense may now give their opening statement. Please provide one with in 48 hours.

 

[StitchMix]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OPENING STATEMENT

1. The Prosecution, in this case, infer the Defendant, N3ghtmare, was consciously and actively partaking with Mr. Hzxpy’s operation with the assumption both Defendants committed a singular actus reus; however, this is not the case here as N3ghtmare shows no malicious intent in response to the Victim.

2. The Defendant, N3ghtmare, shows no real connection into this case besides himself being potentially confused to the new server and may have been misled, or coaxed, into believing he was a Trainee Officer of the Department of Justice through Incitement (Law 17.1) of Mr. Hzxpy, therefore, N3ghtmare showed no serious legal action of Laws 10.1 and 13.9 to be taken against them.

3. The Prosecution is attempting to claim that both Mr. Hzxpy and Mr. N3ghtmare were collaborating together, but the evidence provided still only puts guilt on Mr. Hzxpy for Laws 10.1 and 13.9.

4. As requested by the Prosecution, both Defendants should not be charged within the same legal proximity as stated in paragraphs 2 and 3 above due to the potential for incitement from Mr. Hzxpy to coax Mr. N3ghtmare to respond to the Victim, insinuating charges to be placed solely on Mr. Hzxpy for 10.1 and 13.9 and to lessen Mr. N3ghtmare’s charges as they are not the actual head of the operation and may have been taken advantage of to become an Accomplice to a Crime (Law 17.13).

DATED: This 25th of November 2021.

 

[lawanoesepr]

OBJECTION

Your honor,
I object to points 2, 3 and 4.
2. Speculation, The defense claims that the defendant "May have been misled, or coaxed into believing he was a Trainee Officer of the Department of Justice"

3. The defense has committed perjury, "the evidence provided still only puts guilt on Mr. Hzxpy for Laws 10.1 and 13.9." This is false because evidence shows the victim asking if they are apart of the DOJ and N3ghtmare replying with "We are a branch of it yes".

4. Perjury, "As requested by the prosecution, both Defendants should not be charged within the same legal proximity" The prosecution has not requested anything like this.

 

[StitchMix]

OBJECTION
Claims from the Prosecution opening statement paragraph 4 states the Prosecution seeks the same legal punishment for both clients as quoted.
Perjury is not applicable due to insufficient information regarding the case as lack of ability to contact actual information allows only basis on evidence provided and as such information cannot be falsified.

 

[JoeGamer]

Stitch, that is not a valid objection, so I would be overruling Stitch's objection. For future reference please refrain from rebutting an objection until I ask for a response.

All objections made my the State are overruled.

The court will now be moving on to Witness and Testimonials. Would either party like to call witnesses?

 

[StitchMix]

My apologies for the late response your Honor, at this time the Defense has no testimonials to be given nor witness accounts.

 

[Neemfy]

Your Honor, the State calls GoldBlooded to the stand.

 

[JoeGamer]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@GoldBlooded is hereby summoned to the Federal Court of the Commonwealth of Redmont in Case No. 11-2021-22 as witnesses. Please familiarize yourself with the case as it stands at present. You will receive questions from the Plaintiff and may also be cross-examined.

I am hereby informing each witness to ensure they are aware of the provisions of the law of perjury and its severity. Giving knowingly false testimony is highly illegal. Witnesses are required to tell the truth in their testimonies, pursuant of the Perjury Act.

Once the witnesses have been questioned, the opposing party will have the opportunity to cross-examine.​

 

[GoldBlooded]

I am present your honor.

 

[Neemfy]

One question for GoldBlooded:

Have either of the defendants ever been employed with the Department of Justice?

 

[GoldBlooded]

No.

I have never hired Hzxpy nor have I ever hired N3ghtmare to work under the Department of Justice.

 

[Neemfy]

No further questions, Your Honor.

 

[JoeGamer]

Stitch, if you would like, you many now cross-examine the witness. Please post question within the next 48 hours

 

[StitchMix]

Your Honor, at this time the Defense has no questions for the witness.

 

[JoeGamer]

We will now move to closing statements. The state may give its closing statement. Please post within 48 hours.

 

[Neemfy]

CLOSING STATEMENT

Your Honor,

Both defendants, Hzpxy & N3ghtmare, have committed fraud and harassment. The screenshot show both of the defendants lying about being members of the Department of Justice in order to instill distress in the victim. In telling the victim to ask N3ghtmare if they are members of the DOJ, it shows that both of the defendants were well aware of what they were doing, and using each other as methods of reinforcement for their untrue statements. N3ghtmare would have had no reason to lie if he was not aware of the what Hzpxy’s plan was. Yet, he is shown saying that they are a “branch of the DOJ” in order to extort money at the threat of harm.

 

[JoeGamer]

The defense may now provide a closing statement. Please post within 48 hours.

 

[StitchMix]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CLOSING STATEMENT

Commonwealth of Redmont
Prosecution

v.

Hzxpy and N3ghtmare (StitchMix Representing)
Defendants

Your Honor, throughout this case we have covered the actions of both defendants, Mr. Hzxpy and Mr. N3ghtmare, but only proved to show Mr. Hzxpy’s actions to be in violation of Laws 10.1 (Fraud) and 13.9 (Harassment) as the initial perpetrator against the victim; however, evidence has failed to place Mr. N3ghtmare within the same grounds of Mr. Hzxpy.


I. INFORMATION

1. The screenshots within the evidence only prove Mr. Hzxpy violated 13.9 of Harassment, quoted from Mr. Hzxpy: “[T]he cost is 200 please be wise and pay up before things get bad,” and any evidence against Mr. N3ghtmare is absent to indicate he was also in violation of 13.9 besides his response towards the victim.

2. In regard to the charge of 10.1, evidence again only places Mr. Hzxpy in violation due to their encouragement towards Mr. N3ghtmare to conduct this scheme with Mr. Hzxpy against the client. This places Mr. Hzxpy as the primary perpetrator for this case and Mr. N3ghtmare as only an accomplice to this action against the victim.

3. Evidence does not place Mr. N3ghtmare to be in violation of 10.1 or 13.9 due to his actions being only as an accomplice to Mr. Hzxpy, and his only statement to the victim being: “[W]e are a branch of it yes,” showing no malice. Yes, this does place Mr. N3ghtmare alongside Mr. Hzxpy, but not to the extent of Mr. Hzxpy’s crimes as the burden of proving without a doubt Mr. N3ghtmare mens rea was knowingly or purposefully does not exist from the Prosecution.

II. CONCLUSION

As presented from both sides, evidence has only placed Mr. Hzxpy in violation of both Laws 10.1 and 13.9 and has shown assistance from Mr. N3ghtmare. Mr. N3ghtmare may have been confused about his role in the server, but accidents are still unacceptable; however, this leads to knowing that Mr. N3ghtmare is not guilty of these charges but only guilty of aiding Mr. Hzxpy with his scheme against the victim, Mr. KingComicz, acting as an accomplice by his response to the victim. From this, we can conclude Mr. N3ghtmare is not violating the same laws Mr. Hzxpy is being sued for and is instead only an accomplice to this action.

RECOMMENDATION FOR LENIENCY

1. The Defense recommends the Defendant, Mr. N3ghtmare, not be charged with counts 10.1 and 13.9, but instead charged with 17.13 (Accomplice to a Crime – Someone who gives assistance to the perpetrator of a crime) and to only be charged 75% of Mr. Hzxpy’s charges.

a. Charge 1: Law 10.1 – Fraud; 10 minutes jail and $200 fine, to, Law 17.13 – Accomplice to a Crime; 7.5 minutes jail and $150 fine.

b. Charge 2: Law 13.9 – Harassment; 5 minutes jail and $80 fine, to, Law 17.13 – Accomplice to a Crime; 3.75 minutes jail and $60 fine.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 5th day of December 2021.

 

[JoeGamer]

Apologizes for the delay in response, but this case is in recess and the court will respond with verdict over the weekend.

 

[JoeGamer]

Verdict

I. Prosecutor’s Position

1. The prosecutor has charged Hzxpy and N3ghtmare with 10.1 - Fraud and 13.9 - Harassment for their attempt to obtain $200 while stating they were acting under the Department of Justice.
2. The defendants lied about being a part of the DOJ in an attempt to take $200.
3. The defendants threatened to take if money was not given to them.

II. Defendant’s Position

1. Hzxpy pleads GUILTY to both charges and N3ghtmare pleads NOT GUILTY to both charges.
2. The evidence provided only puts incriminates Hzxpy. No evidence provided is sufficient to incriminate N3ghtmare of Fraud and Harassment.

III. Court’s Opinion

1. Fraud is defined to be “A dishonest or illegal scheme of obtaining something of value.” For fraud to be proven in court, we can use the following test: a dishonest or illegal scheme, and something of value is obtained as a direct result of this scheme. In this case, the prosecution has shown that there was an act of a dishonest or illegal scheme. N3ghtmare sates to be a part of a branch of the Department of Justice, however, as stated by the Justice Secretary, N3ghtmare was not a member of the Justice Department. Since this court can clearly see a dishonest act to be used as a scheme to obtain money, the court then moves to the second part of the test; from this act of dishonesty, was something of value obtained. From the evidence provided to the court, nothing of value was obtained by N3ghtmare. The burden of proof is on the State. The state has failed to prove beyond reasonable doubt that something of value was obtained. Thus, the state falls short in their burden of proof.
2. Harassment is defined to be “A person who uses disorderly behavior to an individual, a group of individuals or on global chat, that may be deemed to a reasonable person as causing harassment, alarm or distress, will be guilty of an offence.” The court does not believe that the conversation between N3ghtmare and KingComicz was disorderly, this was a patient conversation between the two. This court also fails to see how one message to a person can be classified as disorderly behavior; one private message to another player does not mean disorderly behavior. Furthermore, the production has failed to prove that KingComicz was distressed at all, especially from N3ghtmare. This court cannot say without reasonable doubt that KingComicz was distressed, the proof just isn’t there.

IV. Verdict
Verdict for Hzxpy

1. The Federal Court of Redmont hereby finds Hzxpy GUILTY of one count of fraud due to their guilty plea
2. The Federal Court of Redmont hereby finds Hzxpy GUILTY of one count of harassment due to their guilty plea

The court hereby orders the following sentence for Hzxpy:

• Five minutes in jail for fraud.
• $150 Fine for Fraud
• $30 Fine for Harassment

Verdict for N3ghtmare

1. The Federal Court of Redmont hereby finds N3ghtmare NOT GUILTY of one count of fraud.
2. The Federal Court of Redmont hereby finds N3ghtmare NOT GUILTY of one count of harassment

The court thanks each party for their time. The case is hereby adjourned.