CSL 2: Criminal History

Confronting a Subjective Lens 2: Criminal History

(I read through this once and probably need to edit it again.)

One of my favorite Richard Pryor bits was the junkie telling his story about being at the unemployment office.  The unemployment teller says “ah, you have a criminal record.”  He says “I know that bitch I’m a criminal”.  

I’ve lived a criminal lifestyle which means for a period in my life my primary source of income came from criminal activity, I wasn’t concerned with the legal repercussions of my actions, and I associated with criminals.  

Today I’m rarely associating with anyone, and a lot of people I used to know are dead, some are in prison for a very long time, others are drug addicts, some are still about that life, and others are family oriented working 9 to 5s going through normal motions in life.   I don’t know very many people who haven’t been in prison or jail.  I haven’t earned money through criminality in over 6 years, the statute of limitations has expired on past crimes, and I didn’t earn enough money annually to have any tax liability.  Today I am not earning money through criminality and do not associate regularly with criminals.  By the criteria I’m no longer involved in a criminal lifestyle.  

You can decide for yourself.  Will I commit a crime?  If the law does not cause me to impose on anyone then my decision not to break that law is a matter of risk versus reward: the probability of the consequence, and the severity of the consequence versus the value of the object that causes me to break the law.  Stated simpler: probability of the outcome, severity of the outcome, then the value of the immediate law breaking goal versus the value of goals the outcome would harm.  The purpose of laws is to prevent imposition.  A law that prevents no imposition or imposes more imposition than it prevents is an immoral law.  Any rule that is imposed for acts that are unimposing is imposition, and therefore immoral.  My willingness to commit crimes that do not violate my moral isn’t much different than most people in this country, and therefore being labeled a criminal should require more than a willingness to commit an unimposing crime at opportune moments, since otherwise law abiding citizens do the same.  

What some may see as a contradiction is consistent in liberty.  That seeming contradiction is the great respect I have for the rule of law and the great support I have for many types of criminals.  Allow me to explain.  As I’ve stated on other occasions that have likely gone unread, universal interest is liberty.  At all times all people want to do what they want to do.  This is always true.  So long as each creature’s liberty doesn’t interfere with the liberty of anyone else all creatures can do what they want to do and this is ideal.  Individual’s can impose without directly imposing.  Individual circumstances are the product of systems and systems are the product of collective participation and consent.  This means people who benefit from a system that imposes trapping circumstances on others, are engaging in collective imposition.  Their ignorance, indifference, and participation is a product of their advantage within the system.  

Criminality is most often evidence of injustice in society not the introduction of it.  Poverty and income inequality increase the likelihood of criminality.  The lower the income group a male is born into the more likely they are to end up in prison. (1)  The pre-incarceration household median income of an incarcerated person is $21,000 per year, which is roughly a third the median household income. (2)  There are numerous studies that confirm the obvious, that desperation produces crime. (3)  A lack of opportunities to make money and an environment in which to develop in is collective imposition through consent and participation in the systems that produce these disadvantages.  

1:  Lucius Couloute, March 22, 2018, “New Data Highlights Pre-Incarceration Disadvantages”.  Prison Policy Initiative.  https://www.prisonpolicy.org/blog/2018/03/22/brookingsreport_2018/ 

2: Bernadette  Raybuy and Daniel Kopf, 7/9/15  “Prisons of Poverty: Uncovering the  Pre-incarceration Incomes of the Imprisoned”.  http://www.prisonpolicy.org/reports/income.html

3: Luke Fleming 2011, “The Relationship Between Crime and Poverty: A Cross Section Analysis of the World”.  Bryant Economic Research Paper Vol. 4 No.7 Spring 2011.  “Income inequality is positively related to all three types of crime (robbery, assault and homicide).  As money is distributed more evenly, all three types of crime should decrease.”

Obviously I don’t have a problem with criminal activity that is unimposing that creates an economic opportunity for disadvantaged people.  I’m not a proponent of marijuana legalization because it takes away or reduces an opportunity for disadvantaged people to make money.  Legalization creates a regulatory environment where only people with access to large amounts of money can sell it, and it also drives down the price.  In 2008 you could sell a quarter pound for 1000 to 1200, sell a pound for 3500, today, a quarter pound can be bought for about $400 or less in states where marijuana is legal and not much more in states that still have laws prohibiting marijuana.  

As I’ve written elsewhere, supply of a drug does not create demand for it. (http://orioncs.net/a-crisis-of-demand/)  Drug abuse and dependency is an opportunity for the user to cope with their circumstances in life, and for the distributor to experience liberty in time and money he is otherwise without the opportunity to experience.  Some drug abuse is not a product of being economically disadvantaged, but related to other dissatisfactions, like spending most of your time working a job you’d prefer not to be working, or dissatisfaction spawned from the uncertainty that is produced in the mind from living on a planet that is wall to wall deception and denial.  Dissatisfaction stemming largely from a lack of opportunity, as people with worthwhile opportunities that provide a good balance of money, time, and liberty typically don’t require anything to regularly enhance their mood.  A lack of opportunity doesn’t account for all drug dependency, but is the cause of drug dependency being widespread.  

Crimes of imposition, theft, robbery, assault, murder, I typically don’t condone, but every set of circumstances is different.  Although responsibility for crimes against property, like theft and robbery are the responsibility of the individual, there is usually general responsibility resting with the public, since most who commit these crimes are responding to circumstances that are a product of consent based systems that created the circumstances that motivated the crime.  Even if the person is stealing or robbing to get drugs, the circumstances he or she was born into likely contributed to the drug dependency.  This doesn’t mean I’m pro-theft and it doesn’t absolve the perpetrator of responsibility for imposing on the specific individual, but we can’t deny society’s general responsibility for producing circumstances that motivate property crime. 

I’ve written on specific subjects (http://orioncs.net/george-floyd/), and on the trend more generally (http://orioncs.net/the-racist-myth-in-criminal-justice/) of the excessive use of force by police.  If you read the articles I do not think excessive use of force by police is a problem.  I don’t believe most examples demonstrate excessive force, and even if they did, there are too few examples to represent a problem.  Usually there are less than 10 a year that make national news, and even if you have 1000 controversial examples there are 55 million police contacts per year.  Meaning these incidents do not represent normal policing and do not represent a problem beyond ensuring the incidents are resolved appropriately.  If I did think excessive force was a problem, beyond what could be accomplished legislatively to better regulate the use of force which is something I propose (http://orioncs.net/cdf/), I’d be focused on creating better opportunities for the underclasses, since their access to money and time is typically what will determine whether or not they commit a crime.  Less crime leads to fewer suspects who resist arrest,this means force is required less, and this decreases the chances of inadvertent and intentional excessive force.  

One crime I do not have any sympathy for is sexual assault.  By this I mean actual rape, not an advance that is rebuffed and not repeated as some believe represents sexual assault.  The reason being is there is no circumstantial necessity for it.  There is a market for sex and people who will do anything you want to do for money.  Meaning if you cannot find a partner who is willing based on the mutual benefit of the act, and you can find a partner who values the money more than the time and energy required to perform the act.   

On protestution itself I am a person who understands that the basis for human interaction is the exchange of value for value and the measure is feelings.  The exchange of behavior that produces positive feelings in both participants.  The difference with a prostitute is the prostitute is exchanging behavior (sex) that produces positive feelings for the customer, for the feelings associated with the money itself and the feelings he or she experiences through the money’s purchasing power.  Procurement of money requires some amount of time and energy, the same as furnishing a person with behavior that produces positive feelings.  Since in both situations we’re exchanging positive feelings and time and energy, there’s no core distinction between prostitution and a client or two people who know each other engaged in a sexual act for mutual satisfaction that act provides.  In both cases its time and energy and the feelings produced.  

Morally, two people engaged in any behavior they are both consenting to that does not impact the liberty of anyone else is a good act.  Prohibition is largely based on antiquated religious principles or other subjective ideas concerning what is appropriate for a woman to do with her own body.  There’s a great deal of passive prostitution, where women have a regular guy who will buy them stuff, a regular guy who takes them places, a regular guy who is handy and so on and so forth.  She may have sex with these guys and the root of her willingness to have sex with them is because of what they do for her materially, where she probably wouldn’t associate with them, much less have sex with them if they didn’t do these other things.  Many long term relationships rely heavily on the liberty (financially) one person can provide to the other.  

The last view on crime I’ll express is an extension of the previous crime.  That crime is pimping.  If it is voluntary it isn’t a problem.  In fact if the pimp is having sex with the prostitutes than a pimp is merely a prostitute to the prostitute.  A prostitute has sex for money and the pimp has sex with the prostitute for money.  Of course the relationship entails other behavioral exchanges that produce positive feelings including financial responsibility for the prostitutes by the pimp.  If the relationship is voluntary, there is nothing morally wrong with it.  The difference between a husband and wife where the husband controls the finances and a pimp and a prostitute is what the people involved in these relationships do to get money.  Obviously if it is not voluntary, then we’re back to the failure of systems to provide people quality opportunities to prevent circumstances that produce the exploitation of others against their will for income.  

To avoid responding to other narrow inferences later, I do not purchase sex.  Not because I’m morally opposed to it, but because it isn’t a good deal at nearly any price.  For me, I believe women should want to have sex with me, since the typical quality of my performance creates at the very least equal value, and usually greater value than her performance for me.  A good part of sex for me is knowing I’ve performed well which carries with it positive feelings that linger after the act has concluded.  Using the services of a prostitute precludes the potential to feel good afterwards for having performed well.  If I can reach the same conclusion without spending money once I’ve finished I’m going to regret having spent the money.  Finally, I have a strong aversion to condoms.  I’m not justifying prostitution because I use prostitutes or because I am a pimp, I’m providing an explanation for why it isn’t morally wrong and I don’t have an issue with it.  I’m also providing an explanation as to why I don’t use the service despite not having an issue with it.  

I have respect for the rule of law and understand law as being an essential component to liberty.  Today, where an opinion is counted equal to or greater than a fact, law remains the only aspect of our lives where words have any meaning.  Unfortunately the rule of law is only as just as those who create the legislation and the opportunities available to the disadvantaged.  We live in a republic where we delegate the duty of creating laws to very few citizens.  Delegation of government is not the same as representation in government.  Before most candidates have a legitimate chance of being elected, they must first be selected by industry who invests in candidates to be remunerated in legislation and policy. (http://orioncs.net/government-the-facilitator-of-money-to-power/)  

People in the United States first inherit laws that they had no input in the creation of.  Next laws are created where people have very little to no input in the creation of.  While I understand the necessity of law and an ideal version of it, what exists is people who are governed by laws they did not consent to, and people living in disadvantages that necessitate crime.  I stand with the cop as well as with the criminal, while never experiencing a contradiction.  I respect the criminal’s decision to take risk to advance his or her liberty, while I respect the authority of the law to protect the liberty of the public.  If the criminal imposes, it’s partially due to the circumstances imposed by the public.  

Economic disadvantage produces criminality in two ways.  1st, it amplifies the value of ideas, produces pride in ideas that produce negative behavior.  2nd, a lack of opportunity reduces the severity of any consequence in the decision making process.  

Most look at the criminals decision making process and think the criminal has less to lose, but the issue is the criminal has few opportunities to gain.  The consequence of committing a criminal act is of less significance because the value of the act is going to be greater than other goals it compromises, because if there were worthwhile opportunities for the individual to take advantage of they wouldn’t be seriously considering the act to begin with.  If there is work a person could be doing that they enjoy doing, or that provides adequate compensation and free time, these are  interests and goals that can be compromised by the consequence.  In the absence of these things the potential for the consequence isn’t meaningful.  

On the development of value, the value of violence more specifically, it is complex and evolves over time.  It begins as an instrument to persuade the behavior of others where observations about your appearance, clothing, and other socioeconomic revealings can be silenced through violence.  The acts can have inherent value, not necessarily in respect to causing harm but simply through the act of being physical.  Violence and the ability to physically enforce your boundaries becomes a value that is associated with identity.  To fail to enforce your boundaries which includes verbal disrespect results in a negative feeling from a loss of value to yourself.  When I was younger maybe my dad would say why don’t you just walk away?  Because the consequence of walking away is going to feel worse than the consequences for fighting.  In addition to failing to maintain the expectations of self, there are other internal consequences to image, in how you perceive others perceiving you.  External consequences where the failure to protect a boundary encourages others to impose because there is no consequence.  

People who develop this mode of operation are typically people who do not have more worthwhile values.  It’s difficult to develop other interests when you come from a household that doesn’t have much means.  In school your mind isn’t focused on the subjects, because you don’t understand the utility of the subjects.  You’re thinking about social perception, entertainment activities, and sources of stress.  How does understanding grammar or some nationalist version of history advance these purposes?  It doesn’t, so some children were at school because it was compulsory, but didn’t have any interest in the purposes of being there. 

Birds of a feather flock together.  Typically those who are poor develop similar values, especially if you’re in an area with mixed income levels.  The value of violence is reinforced socially, and not only within an individual’s circle, but even outside of that circle where violence isn’t an asserted value by members within other circles.  Although other group’s members do not apply violence, they typically applaud, fear, or respect those who do.  As you grow with a value of violence and execute that value you develop a reputation.  People like to tell exciting stories and sometimes they embellish those stories to others, who embellish those stories to others, and when you meet people who have heard these stories there is a certain level of reverence they have for you based on what they’ve heard about you.  

The value of violence grows when you’re incarcerated for the utility violence has in that setting.  Obviously, the same as in any other setting if there are no consequences for encroaching on your boundaries, people will encroach on your boundaries as it serves their purposes.  This doesn’t mean you have to be the baddest mother fucker in every place (although I often tried to present myself as such), only that you had to exhibit enough of a willingness for confrontation that it wouldn’t be easy.  Human beings are creatures of efficiency. Why confront push back when others will push back less or not at all?  I was never predatory, but I’m sure there were situations where I may have escalated an altercation and did not due to the perceived degree of difficulty.    

By about 16 I established myself as someone who people did not seek conflict with.  Being incarcerated in Ethan Allen at 14, the House of Correction at 17 and prison by 19 definitely contributes to the value and the development of what I call the Samurai mentality.  This isn’t’ to reduce the traditional idea of the Samurai to this principle, but I recognized a point of reasoning in a documentary I saw about the Samurai.  It basically stated that the Samurai perceives any explanation for avoiding combat as the rationalization of fear which must be confronted.  To a certain degree this was the mindset of myself and others, where once a certain line was crossed it became imperative to fight.  Once you reached a place verbally where someone upset you and you didn’t want to continue in the communication you could provide him an out by calling him a bitch, a ho, a pussy, or something considered fighting words.  If he accepted it that would typically be the end of it.  If he returned the insult you would hit him. 

For example.  When I was in the House of Corrections probably about 21 years old, my guy Luke Kamish was leaving the dorm to go to another county.  Someone across the dorm was talking shit to him as he was leaving so I addressed him about it.  I don’t remember the details of the exchange but I finished by calling him a bitch.  He called me a bitch back and instantly I got down from my bunk and walked over to his bunk.  He was on a top bunk and sat up.  I pushed him off of his bunk and he fell onto the floor.  He squared up and I hit him.  He fell into the bottom bunk next to his.  He got back up and tried to wrestle and I kneed him.  He pulled back and jumped behind the footlocker.  In the old building the bunks on the outer edge were about two feet back from the wall where the windows opened inwards.  He backed up and I caught him with a few more shots.  A man on his bed who witnessed it said “don’t beat on him no more he’s had enough”.  It was evident since he was putting distance between himself and me so I stopped and shortly thereafter COs responded to the 1034 and I was taken to A Block segregation.  

Interestingly, the CO working the dorm CO Farrakhan came down to segregation and talked about how impressed he was with my performance.  When he saw me in another dorm I was playing cards and he told the people who I was playing cards with that they didn’t want that smoke with me.  I mention this as an example of society’s reinforcement of the value of violence.  This contributes to the value of violence as I mentioned previously, where people positively reinforce the value to you.  

West Allis today is much different than it was 20 years ago.  I moved in with dad who rented a place in West Allis when I was 8 years old.  Prior to this I lived with my mother and her boyfriend on Teotonia near Good Hope, prior to that I lived more places with my mom or relatives than I was years old at that time.  I could horrify you with stories from when I was ages 3 to 6 but people inaccurately infer too much about a person based on childhood experiences.  It would serve the purpose of making people look bad and creating sympathy for myself, neither of which are purposes for this article.  This article is written to help people understand why I have a criminal record and to create the distinction between my prolonged adolescence and who I am today.  The implications being that my criminal record will be less of a distraction from my material.  I know in the absence of any substantive rebuttal against what I present, some people may try to assert my criminal history through a subjective lens to distract from the substance of my material.  

My first day in West Allis I had contact with the police.  I met two kids whose name I do not remember.  They wanted to go on a building and I went on the building with them.  The police were called and they blamed us being up there on me, claiming it was my idea.  Between 8 years old and 14 years I had periodic encounters with the police, regular suspension from school, and was frequently involved in mischievous and criminality during those years.  

At 14 I went to Ethan Allen School for Boys which is where juveniles are sentenced to for state crimes.  At that time it was Ethan Allen (Wales) or Lincoln Hills.  It was a medium security prison prior to housing juvenile inmates and was essentially a medium security prison for juvenile offenders.  As a freshman in highschool I had an altercation with a group of older students in the stairwell.  At 14 although I had a good amount of fights under my belt I wasn’t particularly skilled at that point, and I wasn’t operating out of Samurai reasoning either.  I wasn’t going to win a fight at that moment against multiple people who were physically larger and more developed.  I also wasn’t going to be mark, where people see me and think that I’m the person who you can impose on without any consequences.  

The following day inspired by the movie Full Metal Jacket I came to school with a bar of soap in a sock.  While this may seem like a negative influence from Hollywood, it actually probably prevented some harm as without the idea I may have returned with a more harmful weapon.  In 3rd grade I was suspended for bringing a knife to school because I was being threatened by older kids.  After lunch I followed the student who I believed was most responsible for the incident and I clubbed him with the makeshift weapon several times before a teacher intervened and took me to the principal’s office.  

I was sentenced to Ethan Allen for 6 months.  In Wisconsin in the late 90s if you were a juvenile you could be extended until your 18th birthday.  It’s difficult to remember how much time I did because of extensions and how much time I did because of other minor cases I caught while I was on release.  Those 6 months turned into a total of 2 years.  My first OJOR which stands for Office of Juvenile Offender Review which is basically a parole hearing, I received a release to a group home.  I had an alteration with another resident where I pushed him and this resulted in me being returned to Ethan Allen.  

After roughly 8 months in Ethan Allen I had another opportunity for release through the Youth Leadership Training Center which was an 18 week bootcamp program.  I completed the program and shortly after being released I absconded from my parole having been free all of about 2 or 3 months after being locked up about 13 months.  I spent 7 more months in Ethan Allen before participating in a program called SPRITE.  People used to describe it as a 28 day boot camp program but that wasn’t what it really was.  The program seeked to instill good habits, waking up early, exercising, taking care of responsibilities, and was more of a reintegration program, whereas bootcamp was more about instilling discipline and teaching the value of integrity.  There was a staff member by the name of John who in not these words doubted whether or not I’d stay out of jail.  He said Simerl will do this program no problem. He’s done YLTC, he can do the program and get out.  The question is whether he’s going to pick up the habits required to stay out.  Those habits had no utility in my life because I didn’t have goals those habits facilitated.  

From SPRITE I wasn’t released home I was released to a group home.  Shortly after being released to the group home I didn’t return from a weekend pass and was on the run yet again.  I was caught about 2 months later and had roughly 2 months left on my sentence.  I also had new cases.  I don’t remember what for I believe obstruction probably related to running from the police.  I went back to court and asked that the charges be waived into adult court since in adult court I would probably get time served on a few days credit or the charge would be amended to a ticket, whereas a juvenile considering I had already served almost 2 years in Ethan Allen I may have received another year.  The judge reasoned that any benefit I would receive from Ethan Allen I would have already gained in the time I was there.  I don’t remember what the disposition of the charges was but it did not result in any additional time in Ethan Allen and I was discharged on my 17th birthday.  

I could have started here at my adult criminal record, but in order to understand some of the offenses I feel like background information concerning the development of my value of violence is important.  

Milwaukee County Case Number 1999FO001291 State of Wisconsin vs Orion C. Simerl

Resisting an Officer. 

8/13/1999

I was at the state fair with a friend Adam Kamish and others who I do not remember.  We frequently went to the state fair in groups and it’s difficult to distinguish this night from many like it aside from the details relevant to the case.  There was a person there named Jamel who was with someone else.  Adam and I were separated from the group.  Adam approached him about something and they were arguing.  I was preparing to hit Jamel, when the person who was with Jamel swung at Adam.  Adam was between him and me so swung off on Jamaal who oddly enough seemed to expect it, where I threw 3 punches and missed all 3.  He backed up and I put my hands up ready to engage him and a state fair cop (who is actually state police not security) yelled something that alerted us to his presence.  I immediately ran when I saw the police and they chased me through the crowded fair.  In 1999 the entrance to the fair on 81st street had a fence that led in like a funnel or formed a V.  When I made it to the exit there were at least three cops covering it.  I don’t want to embellish it with more police but there may have been more.  From that point it felt more like a kick off return than it did running from police.  I ran one way as they attempted to converge, I remember a juke on one and I spun around another to put myself on the other side of them.  Then I ran across the street through a few yards and hid under a car that was parked in someone’s driveway.  

We parked at a residence near the park that was vacant.  It was owned by a friend’s mother who had moved but didn’t sell the house.  In fact, we parked cars there during the state fair to make money.  After a few minutes I walked to the van we arrived in and waited in the back.  Probably about 20 minutes later maybe less maybe more Adam returned to the van.  He said he was going to pick everybody up and we were leaving.  I didn’t want to drive in that van back over to the state fair.  Mainly because that van was known by the police.  It was an Ideal Carpet van, and the owner of it who was a friend of ours was pulled over repeatedly in it.  He hit a cop on bicycle with the van as well.  I told Adam to meet me on National ave by the Citgo, which is a street about two blocks up from the fair after he picks them up.

I was walking up 79th street to what is a BP and at that time was a Citgo.  I had no shirt on, blue jeans, and I don’t remember what color shoes.  A K-9 unit cop pulls up alongside of me and says “excuse me”.  “I’m looking for somebody who is about 6’02 200lbs, blue jeans, and no shirt, have you seen anybody like that?”.  I said no and he told me to hold on for just a second.  It was a K-9 patrol car and I was not confident that I could out run the dog.  Moments later he was joined by additional squad cars.  They swarmed me and threw up against the car and also let the dog out which may have been by mistake.  I think the officer had a button that opened the back door and let the dog out or may have already had the dog out on a leash.  Whatever happened the dog tried to bite me in the ass while I was hemmed up by other officers but only ended up putting a hole in my jeans without biting my skin.  When the K-9 officer pulled him off the dog nipped him.  

Those are the details of the first case and looking back on it I wasn’t wrong for the actions.  If someone tries to assault someone from your group it isn’t wrong to intervene to prevent that imposition.  

Milwaukee County Case Number 2000CF001196 State of Wisconsin vs. Orion L. Simerl

Substantial Battery    

3/10/2000

I was leaving Nick Darrah’s house with Luke Kamish.  It was probably 9 or 10 o’clock at night.  As we’re walking down the street there was someone who walked past us.  Nick said that’s my bitch ass neighbor.  His guys be coming over there thinking that they’re hard talking shit.  I wanted to confront the person about it and he told me to chill out don’t worry about it.  Instead I went over to confront him about it, and after we exchanged a few words I hit him.  I only hit him once but it was a felony charge because the blow resulted in stitches.  

Bear in mind this is over 20 years ago and I was 17 years old at the time.  It was representative of maintaining that field of respect around those who you associated with, but doesn’t represent my current decision making process.  Whereas at that time the subconscious reasoning is I’m with Nick at this time, Nick has a problem with this person, me not doing anything about it is the equivalent of him calling me a bitch and not doing anything about it.  To not do anything will negatively impact how I see myself and consequently the value I have of myself.  I don’t allow myself to be controlled by trigger words any longer, mainly because my value of violence is much different than it once was and isn’t associated with identity.  A statement I’ll elaborate on in the end.  

Milwaukee County Case Number 2001CM001256 State of Wisconsin vs. Orion C Simerl

Disorderly Conduct

2/16/2001

I was with Dylan Dallmann and we were leaving a house party around 2 am.  We were walking back to his house but I wanted to stop at Denny’s to eat.  We were in Denny’s and may have ordered.  He went to the bathroom.  Afterwards I went to the bathroom and noticed how the bathroom was messed up with paper towels scattered all over the place.  I returned to the table and the waitress came to the table and accused Dylan of making the mess.  There was a group of three people near the entrance to the restaurant and one was accusing Dylan of messing up the bathroom.  We started arguing with them and sought to move the conversation outside.  One of the Denny’s employees said they were calling the police so we left.  

We walked across the street and saw a squad car pull into the Denny’s.  The three men we were arguing with ran outside and approached the squad car.  They told the officer we pulled a gun on them in Dennys.  The officer saw us, approached us with his gun pointed at us and ordered us on the ground.  Dylan was wearing white and was still very intoxicated and did not want to get on the ground.  I encouraged him and may have pulled him on the ground because the officer seemed very serious about shooting him.  We didn’t know he was responding to allegations that we were in possession of a gun.  

I was revoked on my probation for this charge which resulted in me going to prison for the battery charge.  

Milwaukee County Case Number 2003CM007719 State of Wisconsin vs. Orion Christopher Simerl

Count1 Battery (Habitual Criminality)

Count2 Battery (Habitual Criminality)

Count3 Resisting or Obstructing an Officer (Habitual Criminality)

9/26/2003

I was with Jeremy Cunningham (Big J) and Rob whose last name I do not remember.  There may have been more people with us.  We were at a bar located on 67th and Beloit.  The bar was about to close or was closing and we went outside.  There may have been more in our party but I remember these two on this particular night because they were there at the time of the incident.  Big J was yelling to someone in the open pantry parking lot and they yelled back.  We went over there and he and J started talking.  He was standing a foot or so from his car, I was on the side of him and Big J was in front of him.  J pushed him and when I saw him push him I hit him.  I think we told the police that he pushed J and then I hit him but the consequence was the same.  He stumbled and then ran into the open pantry.  We were running back to the car and the man’s female companion began shouting at me, calling me bitches and pussys among other things.  I slapped her open hand.  

We ran and got in the car and as soon as we turned around there was a squad car there who immediately pulled us over.  I think Rob’s car was a two door and Big J was in the front.  I had him lean forward to let me out and I ran.  I escaped the officer quickly into a yard, and he may not have been able to pursue me because he had to stay with the car.  The area has Beecher st. that turns southbound from an east/westbound street.  I came out of the yards and the street curves under a bridge.  Once you begin walking down that street there are sloping sides that lead to railroad tracks.  On the other side of the railroad tracks there was about a 16 foot chain link fence.  It’s different now but this is how it was in 2003.  Once you begin walking down the street you can either run about 100 yards to get on the other side of the tracks to the next set of blocks, you can run back to the yards, or you can run up the hill to the train tracks. 

I waited for a little while to observe the traffic.  It was after 2am and no cars were coming down the street.  I began walking and about a third of the way down the street nearing the bridge, I saw a cop and he saw me.  He turned his lights on and I ran up the hill to the railroad tracks.  I heard car doors slam and I knew they would be up there fairly quickly.  I didn’t think the fence was scalable because of how high it was.  I laid down in the grass hoping they didn’t see me.  The grass was 18 inches to 2 feet high.  They walked past me, and then upon a second inspection of the area I was in they shined their flashlight on me, and told me don’t fucking move.

That incident describes the acts that constitute the charges above.  Some may say I’m trying to minimize the significance of the acts, and then say I forecast it since I’m minimizing and someone would surely point it out.  The fact is, who I am today and the person who I was are not the same people because we do not operate out of the same understanding and perception.  What I did at points in the past is largely irrelevant if these are acts I no longer perpetrate.  The point of minimization is me pointing to the distinction between an open hand slap and a closed fist.  

The act of striking the man while not justified objectively, is a consequence that can be reasonably expected when you’re talking shit to a group of drunk people at 2 am.  If someone in your group gets physical with someone else, or they become physical with someone in your group you should be expecting to fight the group. Life isn’t a Bruce Lee movie where you fight one person at a time.  I could have just as easily grabbed Jay prior to the altercation and said come on man let’s get in the car, but those were not my values at that time.  Those were the values of a 21 year old who had spent 44 out of the last 60 months of his life incarcerated.  Wrong because violence is never appropriate except to prevent violence or in response to a credible threat.  

The act of slapping the woman is reprehensible.  First, as previously stated violence as a response to words is not justifiable.  1st because words are subjective and the same thing said the same way to two different people will yield different emotional responses.  Words cannot be considered imposition because whatever feelings they cause is determined by the perception of the hearer.  The second reason the act is reprehensible is because she is a woman, which means she is biologically disadvantaged in defending herself.  

I’m a person who does not condone hitting women and even when women are violent the discrepancy between physical ability is typically great enough where you can restrain a woman without inflicting injury or risk injury to yourself.  

Milwaukee County Case Number 2003CM009391 State of Wisconsin vs. Orion Christopher Simerl

Count 1: Battery (Habitual Criminality)

Count 2: Bail Jumping (Habitual Criminality)

11/25/2003

Nicole Blank who is the mother of my first child Elijah Simerl (http://orioncs.net/confronting-a-subective-lens/) was at my apartment on 81st and Lapham.  I don’t remember what the nature of her issue was but she became violent and was throwing punches that I initially dodged or blocked and when she wouldn’t calm down I grabbed her and wrestled her to the ground.  Once on the ground I was talking to her and trying to calm her down.  In the process she suffered a bloody nose that was on her white coat.  Eventually I let her up and she said she was leaving.  I tried to calm her down and didn’t want to let her leave with her coat looking the way it did.  She was going to go to her mom’s with blood all over her face and coat and her mother was going to call the police.  She opened up a window.  I was in a second floor flat above a business.  I pulled her back into the house and let her leave.  

She had a key to my apartment that she gave to the police.  I was on bail for the previously mentioned charges and the police entered my home and arrested me.  Initially they charged me with false imprisonment along with the battery and bail jumping with habitual criminality enhancers.  Habitual criminality is a tool of the state to deter defendants from taking cases to trial.  The false imprisonment charge was no process but as you see, I had 5 charges with habitual criminality enhancers.  While it would have been difficult for me to beat any of the charges, maybe the battery and the bail jumping, the state offering to drop the habitual criminality and give me less than the max, is better than me beating the battery and bail jumping charge, and still having the other 3 charges with habitual criminality attached to them.  It turns a 9 month charge into a 2 year charge.  I was devastated when they read the false imprisonment charge in booking, because that is a 20 year felony charge.  It was promptly no processed, but it was a weight to bear until it was no processed.  

Looking back on this incident I didn’t do anything wrong.  I did the same thing then that I would do with a violent woman today.  Wrap her up, take her to the ground, and wait until she calms down.  I still don’t know how she got a bloody nose.  Either my arm went across her face when I was wrestling her to the ground, or she may have hit it on herself or me as I took her to the ground, but I did not strike her nor did I attempt to cause her any harm in my efforts to restrain her.  

Milwaukee County Case Number 2004CF007404 State of Wisconsin vs. Orion Christopher Simerl

Count 1 Escape

12/06/2004 

In the previous cases I was given House of Correction time followed by work release time.  I was working at a telemarketing company prior to going to jail and used the job to start my work release.  I had a good amount of freedom with the company.  Mainly with a guy named Steve Stessel who was a manager and generally cool person.  I don’t remember how long I was in the House of Corrections but it was at least a year before I started my work release time.  I had them send the Community Correctional Center a work schedule that gave me I think 46 hours plus two hours travel time to and from 6 days a week.  I took days off to hang out with people and go to the studio.  One night the third shift staff came and knocked on my bed.  She asked why I was supposed to have worked 46 hours but my paystub said I only work 20 some hours?  I told her that I train people at my job and I’m logged out of the system.  I thanked her for bringing it to my attention and told her I’ll have my job fax over verification the next day.  Having been locked up for over a year with probably 7 or 8 months left on my sentence I wasn’t ready to go back to the House of Corrections.  When I went to work the next morning I didn’t come back and was charged with escape.  I stayed on the run for about a year before being arrested.  

After I was released in 2006 my efforts changed.  I worked jobs periodically until I was able to sustain myself through the distribution of controlled substances.  I had very deep triggers so I tried to avoid putting myself in situations where I would run into problems.  I spent about 6 years incarcerated from age 14 to 24 in and out.  25% of my life up to that point I was incarcerated, which is even more significant since I don’t have any memory of the first 3 years of my life.  My emphasis changed from drinking and being about, to money and music.  

Milwaukee County Case Number 2010CM001103 State of Wisconsin vs. Orion C Simerl

The defendant Orion C Simerl was found guilty of the following charge(s) in this case.

Count 1: Disorderly Conduct.

3/3/2010

I was at a bar called Larry Micheals ( I think it’s Larry Micheals there are/were a few in that area) on 80 something and Greenfield.  It was me, Adam Kamish, and Justin Van Norman (Troll).  We were leaving that bar to meet up with other people at some bar on the southside.  As we were leaving outside there was a couple having a dispute near a rear door that was like a metal roll up kind of door.  Adam poorly inserted himself in that situation, saying are you okay to the woman and other unnecessary shit.  Troll was telling him to the effect it’s not your business, leave it alone.  Adam continued on until the male made a threatening comment to him and I hit him.  He fell against the door which produced a loud sound and he grabbed his eye and didn’t attempt to fight back or defend himself.  We got in my van and drove to the bar on the southside but I think we met at a gas station.  

The bar or gas station was small and we were meeting up with 5 to 10 people.  Once there I had an issue with Dylan Porth’s girl (in 2010), where she was talking some goofy shit to me.  Adam received a call from someone at the bar saying the person I hit was there talking shit.  Troll went with the other group while Adam, myself, and Dustin Boreman returned to the bar.  What was odd was that the verbal exchange with Dylan’s girl and drinking as I had been drinking, as well as possibly returning with a different person caused me to forget what just happened and why we returned to the bar.  

I think I ordered a drink and sat down and started drinking, but I’m not completely certain of that detail.  I do remember Adam called me over to him and he ordered us beers and he was talking to someone.  He told me this dude says he’s going to whoop your ass.  His eye was red and it was red in the white part of the eye.  They said I did it but I completely forgot that we were just there or that the bartender was the woman and this guy was the man.  I didn’t know what was going on.  Then the man told the bartender that we were the people from earlier and she wouldn’t give us our beers.  In fact she may have already given me the beer and tried to take it out of my hand.  If not, there was commotion developing over us being us and her taking or trying to take our beers.  I think she told the bouncer this guy (me) is the one who punched (whatever the man’s name is)  He grabbed me in a bear hug and pushed him off of me.  While he was on the ground I saw a beer bottle on the table and threw the beer bottle at him but I missed.  Patrons grabbed him and patrons grabbed me.  I told them I’m leaving, don’t put your hands on me.  

As I made the turn which is about 6 feet to the doorway there is a guy sitting there as we were walking out who said “fucking punks” not knowing the people who he was referring to were right next to him.  I said something to him and pushed his face.  After I did someone scooped me up with a double leg takedown from an angle where I did not even see him.  He moved into the mount position and hit me a few times before I was able to get him under control.  Dustin grabbed him off of me.  He was on all fours and I kneed him once and hit him with a few punches before we left.  

Usually the bar has cameras but that night the cameras weren’t on.  There were other people at the bar who knew who we were.  I didn’t make a statement, Dustin didn’t make a statement, and the state conceded that the witnesses said they weren’t going to go to court if we went to jury trial, as I made clear my intentions to do.  The DA dropped the charges to a disorderly conduct citation.  

Milwaukee County Case Number 2010FA006073 State of Wisconsin vs Holly Lea Gilgenbach et al

The case states that I haven’t paid child support since 2012 and this is completely false.  I still have records to show me paying support back in 2016.  Between about 2010 to 2013 my daughter lived with me and her mother and I paid the bills while Holly didn’t work.  During 2018 I was sending her money regularly and whenever she needed it.  I sent her two $1000 postal money orders for her first month’s rent and security deposit.  After meeting them in Chicago and taking them to the aquarium I gave Holly $400 and Ava $200.  The same thing when I met with them about two months later and took them to Mammoth Cave in Kentucky.  Which is to say over the years I’ve contributed according to my means and Ava hasn’t gone without.  I don’t have all the receipts but I do still have receipts from 2016 and 2018 where I sent money via Western Union and Walmart to Walmart.  I’ve been living with my daughter and her mother since February of 2019 where I’ve been contributing.  

I was arguing with people on a Facebook post through comments.  In the absence of any rebuttal one member of the group looked up my criminal history and began making false assertions based on this record.  I didn’t bother to address the charges because I didn’t want to distract from the subjects of controversy.  Instead I pointed out that the commenter was attempting to distract from the points of controversy because there was no basis for their opinion, and whether or not I am what she was saying I was doesn’t change the facts of the subject.  I’m sure there are people who will be prejudiced against me for my criminal history as well as other incidents from the past, so I thought I would address some of it.  

There are actually cases I’ve had that are not showing up in the Wisconsin Circuit Court search so I won’t address those incidents but they are nearly 20 years old.  From 2004 to 2018 I was not convicted of violating a state statute, where even the incident from 2010 was reduced to a municipal citation.  This represents 14 years without a criminal conviction.  In 2018, December of 2018 I was pulled over by the Florida Highway Patrol and received a 6  charges for possession of what was less than 3 grams of marijuana, a pipe with marijuana residue, and less than half a box of THC edibles.  Those charges have since been resolved and the details of the incident and proceedings are available at: http://orioncs.net/florida-horror/ 

As always, there are two things that are important when considering my criminal record or history in general, and the second is more important than the first.  The first is probably best understood by considering who you are as a person today and comparing that with who you were 20 and 15 years ago.  Human beings are organic programs, where the program is based on what you believe is true, how things make you feel which is partly related to what you believe is true, and your moral governor.  When these things change it changes your thoughts, feelings, and decision making.  How can these incidents from 15 to 20 years ago be representative of who I am today when I wouldn’t have made those same decisions as the person I am today?  I think the 6 years I spent incarcerated far exceeds any harm I’ve caused to anyone else, which is to say I’ve paid for those decisions in full.  

Your opinion may be the product of a very narrow perception of the world and you may believe I’m a terrible person.  No problem, you’re entitled to that opinion and I’m confident in who I am as a person so that lens doesn’t concern me.  Whatever you think about me personally, it doesn’t change the quality of my analysis, observations, and solutions aimed at increasing human liberty and intelligence.