Rals - Player Report: Wayne Durstine, Rule 11
What’s your BYOND key?
Rals
Round ID:
23126
Your character name:
Brett McMatherson
Accused BYOND key:
Unknown
Accused character name:
Wayne Durstine
What rule(s) were broken?:
Rule 11
Description of the incident:
I believe that Durstine violated Marine Law on two separate occasions during the round. I will describe those in order they happened. It is worth mentioning that both CO and CMP ordered all Minor Crimes NJP’ed regardless of circumstances (“When possible” is direct quote I believe, however they did not clarify what it means, since there are barely any limitations on NJPs in ML).
First, he violated appeal procedure by accepting appeal of someone, who was guilty. Zachery ‘Worm’ Tyrone was arrested for Minor Damage to Government Property and Resisting Arrest. RA was applied since he failed to carry out NJP. I will attach video, that includes him finishing window repairs for the first time, imeddiately breaking it again, faking leg pain, and then trying to decon window frame. Since he tried to deconstruct window frame, I treated it as the refusal to carry out NJP and arrested him. Despite that, CMP accepted appeal for RA charge since he believed, that Tyrone made “legitimate attempt”, however during appeal I mentioned that he did not, in fact, make legitimate attempt, as you can see in the video. I believe that CMP violated appeal procedure here and was guilty of Neglect of Duty.
Second instance came some time later. After talking with CO, CMP and CO decided to have me arrested for Minor Insubordination and NoD. Two reasons were provided to me: First reason was that I, allegedly, violated “spirit” of CO’s order to issue appeal. Previously in the round, marine Joe Bravo spoke in Russian on Bravo comms after all marines were warned to use english language on comms. I, as I usually do, marked him as wanted and added comment regarding his charge and reason for it and resumed patrols. I was not near said marine and used security console to mark him for arrest, so me and other MPs could see him in the crowd. My assumption was that MP would see wanted status and then check comments, after that they would be issue NJP as arresting officer. Despite that, later in the round I saw CMP chasing Bravo and firing taser at him, so I assumed Bravo refused NJP and helped CMP to detain him. Despite the fact that CMP was arresting officer and processed marine, I was blamed for this arrest because, apparently, I used “wanted” status instead of “NJP” status, despite the fact that these statuses were not covered by either ML nor roundstart orders (I use wanted for all crimes and I believe that NJP sign is supposed to be used when person is carrying out NJP). According to CO and CMP I did it to make other MPs to arrest this marine, instead of issuing NJP to him, which is strange claim to make. Second reason for arrest was that I, apparently, issued impossible NJP to PFC, that being asking him to repair window. As you can see from video in the evidence section, it is false. All in all, I believe that CMP has committed prevarication and NOD in this case.
I do not believe, that matter was handled either ICly or OOCly
Evidence:
Video of Tyrone doing NJP: Watch Tyrone doing NJP | Streamable
Arrest of Bravo: Watch Arrest of Bravo | Streamable
I have full videos and can provide more cuts, if needed.
Appeal of Tyrone
Summary
Sgt Brett McMatherson says, “CMP, sir, prisoner is requesting an appeal.”
Zachery ‘Worm’ Tyrone says, “They have less shit to do”
Zachery ‘Worm’ Tyrone says, “Well”
1stLt Wayne Durstine says, “Who?”
Brett McMatherson points to Cell 3
Wayne Durstine points to Zachery ‘Worm’ Tyrone
Sgt Brett McMatherson says, “Cell 3.”
1stLt Wayne Durstine says, “To me or the Commander?”
Sgt Brett McMatherson says, “Formally Minor DtGP and resisting arrest.”
Sgt Brett McMatherson says, “To you.”
Zachery ‘Worm’ Tyrone says, “I appeal to you”
1stLt Wayne Durstine nods
1stLt Wayne Durstine says, “Brett, are you the AO?”
Sgt Brett McMatherson says, “I am.”
1stLt Wayne Durstine says, “Mcmatherson, are you the arresting officer.”
Sgt Brett McMatherson says, “As I said sir, I am.”
1stLt Wayne Durstine nods
1stLt Wayne Durstine says, “Explain what happened.”
Zachery ‘Worm’ Tyrone says, “So Im just walking to my shuttle”
Zachery ‘Worm’ Tyrone says, “And then muh gun pops out of nowhere when I trip”
Zachery ‘Worm’ Tyrone says, “Then mister officer comes to me saying I broke a window”
Sgt Brett McMatherson says, “He broke window, I asked him to replace it, he then lied to me about his leg hurting to get wrench and then tried to deconstruct window frame.”
Zachery ‘Worm’ Tyrone says, “A honest to god mistake”
Zachery ‘Worm’ Tyrone says, “I didn’t lie!”
1stLt Wayne Durstine says, “Tyrone, if you’re being dishonest with me.”
1stLt Wayne Durstine says, “I suggest you stop now.”
Zachery ‘Worm’ Tyrone says, “You don’t have proof that my leg didn’t hurt”
1stLt Wayne Durstine says, “Right.”
Zachery ‘Worm’ Tyrone says, “Also I saw few screews loose so I wanted to tighten them”
Sgt Brett McMatherson says, “It was hurting for two seconds, then.”
Zachery ‘Worm’ Tyrone says, “So the window wouldn’t fall”
Zachery ‘Worm’ Tyrone says, “And thats about all I did”
1stLt Wayne Durstine says, “I am denying your appeal to Minor DtGP, seeing how you refused to repair it.”
Franklin ‘Dumbfuck’ Brown says, “This is bull shit.”
1stLt Wayne Durstine says, “Will you please explain the Resisting arrest, Mcmatherson?”
Zachery ‘Worm’ Tyrone says, “I TRIED”
Zachery ‘Worm’ Tyrone says, “I REPAIRED IT ONCE”
Zachery ‘Worm’ Tyrone says, “Then it broke”
Sgt Brett McMatherson says, “It was for failure to carry out NJP.”
Zachery ‘Worm’ Tyrone says, “Then I tried again”
Sgt Brett McMatherson says, “As NJP he was asked to repair window.”
Zachery ‘Worm’ Tyrone says, “But he arrested me doing that”
Sgt Brett McMatherson says, “Which he failed to do.”
Sgt Brett McMatherson says, “And instead tried to deconstruct frame.”
1stLt Wayne Durstine sighs
Zachery ‘Worm’ Tyrone says, “Im a PFC without any engi skills”
Wayne Durstine has thrown Zachery ‘Worm’ Tyrone’s ID Card (Delta Rifleman).
The locker has been locked by Wayne Durstine.
Zachery ‘Worm’ Tyrone says, “How am I supose to know how to fix it”
1stLt Wayne Durstine nods
Franklin ‘Dumbfuck’ Brown says, “Can you just let me go?”
Sgt Brett McMatherson says, “He fixed same window minute before it, sir.”"
Sgt Brett McMatherson says, “It was the second time he broke it.”
1stLt Wayne Durstine scratches his chin
Franklin ‘Dumbfuck’ Brown says, “All I wanted to do was fight with my machete, and these bitches had to throw a damn fit over it.”
1stLt Wayne Durstine says, “Right, here’s what’s going to happen”
Zachery ‘Worm’ Tyrone says, “Sorry I fell asleap did I miss something?”
Marcus Johnson tries to remove Franklin ‘Dumbfuck’ Brown’s USCM uniform.
Franklin ‘Dumbfuck’ Brown says, “All I wanted to do was fight.”
1stLt Wayne Durstine says, “In accordance with NJP article.”
Sgt Brett McMatherson says, “Not really.”
1stLt Wayne Durstine says, “I am going to treat refusal as inability, in the spirit of ML.”
1stLt Wayne Durstine says, “Therefore, I will be accepting your appeal for Resisting Arrest.”
My appeal after the arrest:
Summary
Brett McMatherson says, “While we are waiting.”
Brett McMatherson says, “I’d like to know what I was arrested for.”
LCpl Danny Katz says, “Ah. Insub”
1stLt Wayne Durstine says, “As said, Minor Insubordination and Neglect of Duty.”
Brett McMatherson says, “You will need to provide more information for the appeal.”
Brett McMatherson says, “I need precise reason why Minor Insubordination was applied.”
1stLt Wayne Durstine says, “Which will happen when the person handling the appeal arrives.”
Brett McMatherson shrugs.
Brett McMatherson says, “Sure then.”
1stLt Wayne Durstine says, “Second Lieutenant.”
1stLt Wayne Durstine nods
1stLt Wayne Durstine says, “Please, step here.”
2ndLt Oswald Aalto nods.
2ndLt Oswald Aalto says, “And this is the accused?”
Brett McMatherson says, “CMP will have to start.”
SSgt Ruby Fairwight says, “That is he.”
1stLt Wayne Durstine says, “McMatherson has been brigged for Minor Insubordination and Neglect of Duty.”
Brett McMatherson says, “He did not explain my charges in detail.”
2ndLt Oswald Aalto says, “And who else was present during this supposed non reading of your charges?”
Brett McMatherson says, “I was read my charges.”
2ndLt Oswald Aalto nods.
Brett McMatherson says, “They were not explained to me, though.”
2ndLt Oswald Aalto says, “I see.”
2ndLt Oswald Aalto says, “Thank you for the clarification.”
Brett McMatherson says, “I do not know why Minor Insubordination was applied.”
1stLt Wayne Durstine says, “Mcmatherson was placed under arrest for Minor Insubordination due to violating the Major’s “spirit” of her orders. As I did not make the orders, I invite the Major to testify.”
Brett McMatherson points to the floor
2ndLt Oswald Aalto says, “In order, I will hear the words of the CMP, then the Major, then yourself.”
Brett McMatherson says, “I wish to ask Major to step closer.”
Brett McMatherson says, “Since I have limited field of view.”
1stLt Wayne Durstine says, “Major, would you like to testify on the Minor insubordination arrest?”
2ndLt Oswald Aalto says, “You will be given a chance to offer clarity, or contest the Major’s explanation only once she is finished.”
2ndLt Oswald Aalto says, “Are we clear?”
Brett McMatherson says, “S*nod.”
2ndLt Oswald Aalto says, “Major, if you would explain?”
Brett McMatherson says, “We are, however I was not able to see Major a second ago, sir.”
2ndLt Oswald Aalto nods.
Maj Caroline A.W. Ljungman says, “Second Lieutenant, at the start of this operation, I issued a standing order to NJP minor crimes under ML where applicable, as in, where the officer was of the appropriate rank to discipline the offender.”
Maj Caroline A.W. Ljungman says, “Sergeant McMatherson violated this twice.”
Maj Caroline A.W. Ljungman says, “First, he marked a private for arrest for FTFP, a minor crime, without offering him an NJP.”
Maj Caroline A.W. Ljungman says, “The private confirmed this after his arrest.”'re doing.
Maj Caroline A.W. Ljungman says, “Second, he offered an NJP that a marine was incapable of carrying out. A marine broke a window, and his NJP was to fix it, but the marine does not have the skillset to do so-- they are a rifleman, not an engineering. This is not a valid NJP.”
2ndLt Oswald Aalto nods.
Brett McMatherson sighs.
Maj Caroline A.W. Ljungman says, “Accordingly, it is my belief that the Sergeant openly violated my orders, both in action, and in spirit, in both cases.”
Maj Caroline A.W. Ljungman says, “That is all I have to say in the matter.”
2ndLt Oswald Aalto nods.
Brett McMatherson says, “May I start?”
2ndLt Oswald Aalto says, “McMatherson, do you contest this perspective?”
Maj Caroline A.W. Ljungman nods.
Maj Caroline A.W. Ljungman says, “Let me know if I am needed further.”
2ndLt Oswald Aalto says, “McMatherson will give his side of this story.”
Brett McMatherson says, “First of all. In first case I was not near the perpetrator when he committed the crime, so I marked him remotely using the console and stated his charge and reason for it in comments. CMP was arresting officer of said marine and I am being accused of using “W” sign instead of “NJP” sign.”
Brett McMatherson says, “Usage of these signs are not listed anywhere.”
Brett McMatherson says, “And it was my assumption that whoever was arresting officer would read charges in comments first.”
Brett McMatherson says, “And then proceed with an arrest.”
2ndLt Oswald Aalto says, “Lieutenant Durstine can you confirm this?”
1stLt Wayne Durstine says, “I can indeed, confirm such.”
1stLt Wayne Durstine says, “May I give my rebuttal?”
2ndLt Oswald Aalto says, “You may.”
Brett McMatherson says, “May I state my comment regarding second incident?”
1stLt Wayne Durstine says, “When I had originally saw the Wanted signature through my sechuds. I proritized arresting them because I thought they had commited a greater infraction. Marines wandering by themselves marked for Wanted, generally mean that they got away from the MP when they were originally marked. How else would a marine be walking around with such? Therefore I performed an arrest, but after their resistance, my suspicions of this resistance was true.”
1stLt Wayne Durstine says, “I was only made aware of the arrest reason, after I had performed the arrest, and the perpetrator had already resisted the orginal arrest.”
1stLt Wayne Durstine says, “I rest my case.”
Brett McMatherson says, “Lieutenant Durstine, did you have time to check comments section on that marine?”
Brett McMatherson points to Wayne Durstine
Brett McMatherson says, “Or was he running you from the start?”
1stLt Wayne Durstine says, “Does that matter?”
2ndLt Oswald Aalto says, “It is a relevant question in this appeal.”
1stLt Wayne Durstine says, “I will say that I had minimal time to check it, before they boarded the alamo, then.”
2ndLt Oswald Aalto nods.
Brett McMatherson says, “I wish to say again that usage of these markers is not described in detail anywhere in ML or SOP.”
Brett McMatherson says, “Regarding second case.”
Brett McMatherson says, “Second incident. Major claimed that riflemens cannot repaiir window, which is false. I provided him with reinforced glass using autholate. Furthermore, it was his SECOND time being NJP’ed for the same crime. Before that he was able to repair window just fine, which shows that he was able to carry out NJP, but did not want to.”
2ndLt Oswald Aalto says, “I will ask to the fellow members of your force here. Do you believe that the actions of your fellow officer here constitued negligence of duty, or an intended act of insubordination?”
SSgt Ruby Fairwight says, “The way we use them is quite evident howerever Brett.”
2ndLt Oswald Aalto says, “This is a broad question for all of you.”
Brett McMatherson points to Ruby Fairwight
Brett McMatherson says, “I mark all marines who did the crime as wanted. And it is up to arresting officer to determine punishment.”
Brett McMatherson says, “Lieutenant could issue NJP.”
Brett McMatherson says, “Would he want to.”
Brett McMatherson says, “FURTHERMORE.”
Brett McMatherson says, “I wish to say.”
Brett McMatherson says, “That I did not report resisting arrest on comms.”
Brett McMatherson says, “Which I would do, if he did resist arrest.”
Brett McMatherson says, “So other MPs would know.”
2ndLt Oswald Aalto nods.
2ndLt Oswald Aalto says, “Name of the marine detained?”
Brett McMatherson says, “Joe Bravo.”
2ndLt Oswald Aalto says, “Warden.”
SSgt Ruby Fairwight says, “Aye?”
2ndLt Oswald Aalto says, “Can you read out the logs for Joe Bravo’s detainment record?”
2ndLt Oswald Aalto says, “The record listed by Mister McMatherson here?”
SSgt Ruby Fairwight says, “There’s one comment. Made by Brett.”
2ndLt Oswald Aalto nods.
SSgt Ruby Fairwight says, “FFP. Spoke foreign language on Bravo comms.”
2ndLt Oswald Aalto says, “This is all?”
Sgt Marcus Johnson says, “Charge is ended, why are we not releasing brett?”
Wayne Durstine points to Marcus Johnson
SSgt Ruby Fairwight says, “That is all the comment says.”
Brett McMatherson points to Marcus Johnson
Brett McMatherson says, “I am still appealing.”
1stLt Wayne Durstine says, “If he is guilty, this will be relevant later.”
2ndLt Oswald Aalto says, “As it would stand, Mister McMatherson – the question here is not whether or not you performed the procedure correctly but whether or not your application of the procedure was an intentional act of insubordination against the Major’s orders.”
Brett McMatherson says, “Sir.”
Brett McMatherson says, “As per ML, arresting officer assigns punishment.”
2ndLt Oswald Aalto says, “As for that, I will ask. Did you at any point attempt to correct the CMP’s detainment?”
Brett McMatherson says, “Thus it was not my duty to issue NJP, since CMP was arresting officer. I did not try to correct CMP, because, as I saw, Bravo was already fleeing CMP. My assumption was that Bravo was offered NJP but decided to escape.”
Brett McMatherson says, “So I helped CMP to detain him.”
Brett McMatherson says, “And let CMP handle it.”
2ndLt Oswald Aalto says, “And you can confirm, once again, that Bravo fled your detainment. Was force used before words, Lieutenant?”
1stLt Wayne Durstine says, “Yes, and no.”
Caroline A.W. Ljungman talks into the marine senior command headset
2ndLt Oswald Aalto says, “Yes and no?”
2ndLt Oswald Aalto says, “If I may ask for clarity?”
1stLt Wayne Durstine says, “You asked me to confirm bravo fled my detainment, which is yes. You then asked me if force was used before words, which I said no.”
Sgt Kai ‘Ducky’ Duckworth nodded, taking a long drag off his cigarette. Grey smoke plumed into the already densely smoke filled room.
2ndLt Oswald Aalto nods.
2ndLt Oswald Aalto says, “Heard.”
Brett McMatherson says, “I wish to ask another question.”
1stLt Wayne Durstine says, “However.”
2ndLt Oswald Aalto says, “One final question Mcmatherson.”
Brett McMatherson says, “CMP, what makes you believe, that BRavo would not escape for me?”
Brett McMatherson says, “Ahem, from me.”
1stLt Wayne Durstine says, “I deem it important to not that I attempted to arrest them first. As they were marked for arrest, I followed that marked.”
Brett McMatherson says, “May I ask one last question, sir?”
Brett McMatherson says, “Regarding arrest procedure.”
2ndLt Oswald Aalto says, “While I had stated this would be the last question – for the sake of such, I will allow a genuine last question.”
Brett McMatherson says, “CMP applied resisting arrest charge, despite not stating that marine is under arrest. There was no resisting arrest mentioned in comment nor on comms.”
Brett McMatherson says, “So my question is, why was RA applied?”
Brett McMatherson sighs.
Brett McMatherson points to Wayne Durstine
1stLt Wayne Durstine says, “RA was applied because he ran from me, plain and simple.”
2ndLt Oswald Aalto says, “Right.”
Brett McMatherson says, “Very well. Did you hear my defense regarding second case?”
2ndLt Oswald Aalto says, “I will summarise this case, and pass judgement - in full awareness the timer has passed.”
After that my appeal was denied
I wish to mention, that there is a chance I missed something in logs, but I hope those will help whoever will be pulling logs for this report.