WAIMEA — A man involved in “Freedom Ride 2016” was found guilty of one charge stemming from that day, but was acquitted of contempt of court after a dizzying web of linguistic, legal and emotional arguments.
William Gilroy, 62, of Ocean View, was one of the people driving a vehicle during the Jan. 2 event. Instead of license plates, he had “Private Property” signs, which led police to pull him over. He was cited for driving without insurance. After that, Gilroy missed a March court date and was charged with contempt of court.
The case has drawn increased public attention because Gilroy and others hold that the Constitutional “right to travel” means they do not need driver’s licenses, registration, license plates, safety stickers and motor vehicle insurance. He also does not acknowledge the authority of the court.
“I deny consent to the jurisdiction of this court,” Gilroy said.
Following Thursday’s four-hour bench trial, District Court Judge Peter Bresciani found Gilroy guilty of failing to have vehicle insurance and not guilty of contempt of court. He was sentenced to pay $547 in fines and fees.
Still, Gilroy refused to acknowledge that the court could do what it did.
That was in part because he thought they had the wrong person.
“My name is Sweetie,” Gilroy said.
“And you’re also known as Mr. Gilroy,” Bresciani said.
“I’ve always been known as Sweetie.”
Bresciani finally settled on using “sir,” as Gilroy objected to most other terms.
Gilroy subscribes to a belief that the flesh-and-blood person is separate from a legal fiction.
“I’m not a legal person,” he said. “I’m a living person.”
No court, however, has not accepted this interpretation.
“The court will find you are not confused, you are avoiding the questions and you are disobeying court orders and move on,” Bresciani said.
But he expressed concern that, since Gilroy was not acknowledging his right to counsel and the risks of self-representation, there may be a legal issue.
After speaking with Deputy Prosecuting Attorney Britt Bailey and Gilroy, he made his decision.
“It was apparent to the court, earlier, that Mr. Gilroy understands the questions being asked of him,” Bresciani said.
After three hours of court, Gilroy finally took the stand to testify.
“Although I don’t have to have insurance, my insurance covers all my vehicles,” he said as to the citation.
Bailey said that while she had only received the information the day of the trial, it did not appear to cover the vehicle Gilroy was pulled over in back in January. She asked for a recess to call to confirm the information with the insurer.
The insurance company said the Mercury had been insured previously but was not on the policy at the time. However, Gilroy stated he had been told that he was covered.
As to the contempt of court charge, for missing his pretrial conference on March 15, Gilroy explained that he had thought it was on March 16 and called to confirm that on March 15. As soon as he found he was wrong, he filed a motion to have an already-issued bench warrant removed. He was arrested in May when he appeared at a hearing for Paul Komara, one the ride’s organizers.
He introduced one witness, Sharmain O’Shea, who identified herself as “Sharmain of the family O’Shea,” to corroborate his statement.
She told the court Gilroy had been operating under the March 16 date and had planned to make the trip with friends.
It was largely on the strength of her testimony, Bresciani said, that he found Gilroy did not “knowingly” violate the court’s order, finding him not guilty of contempt of court.
Bailey disagreed.
“Being told twice and receiving a notice isn’t enough notice?” she asked.
The judge said he had made his decision.
In the gallery during the trial were six supporters of Gilroy. One of them, Komara, rose to speak during the proceedings. But, before he could do more than identify himself, Bresciani ordered him removed from the courtroom.
The length of Gilroy’s trial resulted in two other trials being pushed into September and October.
