Eighteen Wheeler Philosophy

North vs South! Different outcome this time...but done with...Rebel Pride & Southern Hospitality!
By Mel Hansen, the Eighteen Wheeler Philosopher

WARNING!! If you’re a Philadelphia Eagles fan you might not want to read any further! Could be a bad omen of things to come.

Just when I begin to think I’ve seen it all. I haven’t! At 03:30 this morning I pulled into a truck stop east of Nashville, Tennessee to fuel up. Not too many people in there as I went in to get a bottle of whole milk and some paper towels. Grabbed what I needed and stood in line to pay for them. (Is it just me or does anyone else notice that there’s no one at the counter as you get two little things, but as soon as you head for the counter immediately 10 people come out of nowhere! Beat you there so you have to stand in line 20 minutes. Just one of the many things that grinds my gears!)

So I’m standing in the second line when in comes this big mountain of a man, dressed completely in green with the Philadelphia Eagles logo all over it. Yes! He’s a Eagles fan for sure! Reminded me more of the Jolly Green Giant on the vegetable cans! He grabbed a 12 pack of coke, two bags of potato chips, and stood directly to my right in the other line.

Now I’m 6’0”, 172 lbs, the green giant to my right was a good head taller than myself making him at least 6’4/6” and I’m guessing he was a solid, a little baby flab 240/260 lbs. The lady, there were three ladies present, the one in front of me, two behind the counter, looked at him and said in that ever so sweet southern accent “So from the looks of ya, I take it you’re a Eagles fan?” WOW!! The green giant started to RANT like a wild man!

Now I’ve been around some of the roughest individuals that are fluent in the art of profanity but the green giant was beyond anyone/thing that I’ve ever heard! For every word a literate person would use to form a sentence the green giant would use three F bombs first, say a proper word, followed by another three or four F bombs! The gentleman at the counter in my line turned and almost he and I said in unison “Hey man! Calm down! These ladies don’t need to hear that!” He looked at us both...I surmised he came to the conclusion that he could easily kill both of us with a flick of his hand, but he did drop one out of five F bombs in his on going rant about him and his Eagles!

We learned he was born and raised in South Jersey! His father and grandpa took him to all the games as a kid growing up and his Eagles were going to...F bombs...the Patriots and kill the....5 more F bombs again...Brady!

Now the guy in front of the green giant had his back to him as he was paying for his stuff. He was wearing a red hat and jacket with Georgia Bulldog logos. He was shorter than me, around my age, possibly older as his hair and beard was mostly grey, maybe a tad heavier than myself, said over his shoulder to the green giant (read very carefully) ”Sir! I hope you’re right! But I think they’re going to be extremely lucky to beat Brady.” (You all did read Sir! I hope you’re right!?)

The green giant went berserk! F bomb! after F bomb!, with the ladies now getting uneasy, went hurling at the man with his back still to the green giant! Again me and the other guy told him he needed to calm down or leave, but he kept it up, telling the man, still with his back to him, “How could he be a fan of the Patriots who cheat to win every game!” To which the man said over his shoulder in a calm southern accent “Same old song and dance from those who don’t have the talent to beat them! Give it a rest.”

Now this infuriated the green giant! He told the man that he was going to place his two bags of potato chips and 1/2 pack of coke up...well you all know where...and beat the crap out of him! And then pushed the man in the back!

I looked at the man in my line at the counter cause I heard him whisper. “Oh crap! You shouldn’t have done that!” In the split second it took for me to look from the green giant to the man who said oh crap and back again the green giant had dropped his potato chips and coke! He was on his knees! Almost eye to eye with the smaller man he had just threatened and pushed! Georgia Bulldog man had his hand around, what at first I thought was the green giant’s neck choking him, but it wasn’t. I couldn’t see the fingers on his right hand because they were buried in the green giant’s neck and around his wind pipe! The green giant could not utter a sound and his eyes were about to pop out of his sockets!

Here’s what Georgia Bulldog calmly said to South Jersey green giant.

“Sir! Passion is a great thing to have! I believe it’s essential for everyday life, but if you mix it with stupidity! Well, this is just one of the many unfortunate things that can happen! Now I need you to listen, this time very closely, because you obviously didn’t listen to me when I told you that I hoped your Eagles win and this unfortunate event could have been avoided! Now I don’t know if your mommy and daddy taught you manners up there in South Jersey, if they did, you’ve seemed to have crapped them out somewhere! Down here in the south we try not to talk like you just have in public, certainly not around the ladies, so I need you to apologize to each of these ladies with just one blink of your eyelids and I suggest you do it in a hurry cause you might just pass out!”

I’ve never seen a man blink just once, so fast to each lady, in my life! He went on to say to the man who said “Oh crap!” “Mack! Would you please pick up the potato chips and coke and pay for them with money out of my wallet while I help my new friend here from South Jersey catch his breath, then help him to his vehicle?” Mack, looked at me and winked, then said. “Anything for our new friend from South Jersey! Ya might want to tell him as you’re helping him out that he might not be able to cheer at all or eat these chips today during the game, he should probably stick to fluids and soup for a day or two cause his throat might be a little bit sore!”

Georgia Bulldog let go, helped a very humble, not even trying to say a word South Jersey green giant Eagles fan regain normal breathing procedure and helped him outside.

After I paid for my stuff I went outside to restart my journey, I seen Georgia Bulldog helping South Jersey into his pickup truck, I’m not 100% certain but I think I heard George Bulldog say. “I hope your Eagles win today! So your day won’t be a complete loss! But more importantly! On your way back to South Jersey stop and pick up your manners you crapped out along the way somewhere and start using them and make your momma proud!”

RCT Editor Is Here

Photo by Bobbie Coray, Garden City

Garden City Planning Commission

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah. February 7, 2018.  At the Public Hearing the Commission discussed two ordinances.  The first was Ordinance #18-01 which deals with updating the definition of an accessory building.  The second Ordinance, #18-02, focused on an accessory building that may require a Conditional Use Permit.  There were very few comments from the public.

  

The regular meeting was called to order.  Jeff Jorgen was called upon to discuss his proposed project.  He presented a Concept Plan for a residential subdivision of about 100 acres.  The property is north of Hodges Canyon and between the existing Cherimoya subdivision on the east and the future Shundahai to the west.  The subdivision will contain approximately 87 lots of a minimum ¾ acre each.  All 100 acres are contained within the City’s Hillside Estates Zone.

He had a power point presentation showing the area.  He noted the City is going to put the Third West road through the area between the John Hansen Property (the property to be used for the new subdivision) and Shundahai.  The first phase will be 40 acres along Hodges Road.  There will be 23 lots that are 150 wide and 25 feet deep.  He called this phase Cherimoya West.   

He is asking that the first phase concept plan be approved by the City.  There are some open space areas that will be storm water retention areas.  Cul-de-sacs are 96’ in width which are within the subdivision.  Ingress/egress will go through Cherimoya, and there will be a temporary cul-de-sac for turning.

The motion was made to approve the first phase of the Hansen Development.  Approval was given.  Jeff Jorgen said they would like to begin the first phase as quickly as possible.

A discussion concerning the ordinance updating the definition of an accessory building was held.  It was noted that they didn’t have a copy of the final definition that was approved by the City during their special meeting held in early January.   Committee members also noted that there was nothing about the sizes allowed, whether a building permit was required and so forth.  It was decided to move this item to the March Agenda. It was also decided to move the Ordinance updating that accessory buildings require a Conditional Use Permit be moved to next month’s agenda as well.

Currently, the term open space is required in subdivisions.  It was noted that open space needs to be defined more carefully.  The terms active and passive space was suggested to be used instead of open space.  Currently there is a requirement of 70 percent open space for subdivisions.  However, does open space include roads, parking lots, and structures? The suggestion was made that this item also be put on the March agenda for further discussion.

Heavy Clouds

Photo by Jim Stone, Garden City, Utah

Sweetwater Killing Case Report

Bobbie Bicknell Coray, Reporter

Rich Civic Times

RANDOLPH, Utah. February 7, 2018.  Benjamin Willoughby, Rich County Attorney, told commissioners that “my office has carefully reviewed this case. This memorandum is to explain my determination that this shooting, although tragic, was fully justified.

The Rich County Sheriff's Office quickly handed the investigation of this shooting over to the Utah State Bureau of Investigation. This was done (1) because of the seriousness of the incident and (2) because Rick Bywater had expressed anger towards Rich County Sheriff's Deputies.  The Bureau of Investigation sent multiple investigators directly to the crime scene. These investigators took the primary role in examining the crime scene and interviewed involved persons.

Once the SBI completed their investigation, my Chief Criminal Deputy and I met with Sheriff Stacey, and Agent Brandon Davis (lead investigator) to review the evidence. I have since carefully reviewed all additional reports. This investigation was exceptionally well done. We are all very grateful for the amount of work Agent Davis and his team provided Rich County in this investigation."

Summary of facts.

On September 24, 2017, 12:23 p.m. Richard Bywater posted to Facebook:

 “ love you supporters. sorry my son n daughter and granddaughter, my son is who I have issues with nd is my issues working with family. im all alone here been alone for a long time not that yu didn’t try.”

In another post, Bywater ·wrote that he had been "pushed to the edge."

Glen Anderson lives in the neighborhood and knew Bywater well. Anderson became concerned over these posts and walked over to check on Bywater.

Anderson found Bywater holding a rifle at his own head. Anderson reported that Bywater was talking about suicide and appeared to be on some type of drug.  Bywater told Anderson "you're one of the mother f* * *ers that treated me bad." Anderson said he tried to talk Bywater out of it, but could not. Bywater punched Anderson and ordered him off the property at gun point. Bywater then smashed Anderson's rear window.

Anderson stated that Bywater seemed to have snapped and that Bywater was going to hurt somebody and then himself. Anderson called 911 to report that Bywater was suicidal and had a gun. Anderson then called the Carnal1ans and Rick Vaughn to warn them.

Rick Vaughn was also interviewed. Vaughn told the police that he received a phone call from Anderson warning him that Kay Carnahan was the first on Bywater's list and that Vaughn was second. The Carnahans and Vaughn and Bywater had been in conflict over HOA issues. Anderson warned Vaughn to lock his doors and get a gun, because Bywater was coming after them.

At 12:50 p.m., 911 received the first call of shots being fired.  Bywater had fired two rifle rounds into Tom Peterson's jeep, which was parked in front of Peterson's home not far from the Carnahans. Tom Peterson was also interviewed.  Peterson reported that Bywater used to be the maintenance manager for the HOA, but that the HOA Board fired Bywater and Peterson took the job.

At 12:33 p.m., Kay Carnahan received the  call from  Glen  Anderson  warning  her. Mrs. Carnahan made several phone calls ·warning others. She was on the phone with Pat Donahue, when Bywater began shooting into her home.  Mrs.  Carnahan  hid and  called 911. The Carnahans  also  retrieved  a  handgun.  Just a few minutes later, Bywater crashed his SUV  into  the  Carnahans'  home  at  high  speed. Bywater's  SUV  rammed into a row of two off-road vehicles and a golf cart. Both Mrs. Carnahan and Mr.  Carnahan went to the front room of their home where they were both shot through the glass window.  Both were seriously injured. Mr. Carnahan shot back five times, aiming at the hole from Bywater's shotgun.

When the first officer arrived, he  found Bywater  deceased  in  the  driver's seat of his SUV. His shotgun was still pointed out the window towards the  Carnahan’s home. The shots appeared to have immediately incapacitated  Bywater.  The  investigators found that Bywater had shot two rifle rounds  into  Peterson's  jeep,  one  shotgun round into a car in front of the Carnahans' home and four shotgun rounds into the Carnahans' home. Mr. Carnahan had fired five rounds out his front window.

Bywater's autopsy showed methamphetamine in his blood along with a blood alcohol content of .16 (double the legal driving limit).

Legal standard for use of deadly force. The applicable legal standard in this case is found in Utah Code Ann.§ 76-2-407 (defense of habitation). Under this statute, a person may use deadly force in his defense of persons on real property if:

(a)         he is in lawful possession of the real property;

(b)         he reasonably believes that the force is necessary to prevent or terminate the other person's trespass on real property;

(c)          the trespass is made or attempted by use of force or in a violent and tumultuous manner; and

(d)         the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence.

A person's belief under (b) and (d) is presumed to be reasonable when the trespass was made or attempted by use of force or in a violent and tumultuous manner. Utah Code Ann.§ 76-2-407(2). With this standard in mind, Mr. Carnahan's use of deadly force is clearly legally justified. Had Mr. Carnahan not been armed and had he not been willing to return fire through his front window, there is a great likelihood that he and his ·wife would have been killed. The law does not require Mr. Carnahan to wait so that we could all find out for certain if Bywater would have killed them. Under every available legal standard Mr. Carnahan was justified.