Mark Fiorino Update

Published On April 21, 2011 | By Ademo Freeman | Articles

In March I blogged about Mark Fiorino who was detained, after nearly being shot, by police while open carrying in Philadelphia. His friend, Andrew Shemo, sent in this update. It seems Mark has turned himself after the police issued a warrant for his arrest.

On 4/20/11, The Philadelphia Police Department put out an arrest for Mark Fiorino with the charges being disorderly conduct and reckless endangerment all due, at least from what we know, to his prior open carry incident and audio recording of police officers while he was peacefully walking to auto zone to get a part for his Mother’s vehicle. 5 police officers showed up at his work to serve the warrant, but he wasn’t in the office when they arrived. After Mark found out that he had a warrant out for his arrest, he retained a lawyer and turned himself in today, 4/21/11, at the Northeast Detective Division at 2831 Levick Street which also serves as the headquarters for the 2nd and 15th district of Philadelphia.

Mark informed a fellow gun owner that there was an arrest warrant issued for him which was then posted online to keep all of us updated:

http://forum.pafoa.org/1570257-post-1015.html

Mark updates us all here:

http://forum.pafoa.org/open-carry-144/133693-thank-you-everyone.html

Mark also started a fundraising thread to bring a suit against the Philadelphia Police Department:

http://forum.pafoa.org/open-carry-144/132662-fundraiser-holding-philadelphia-responsible.html

After calling and speaking to one of the officers at the police station, they informed us that Mark will be held for at least another 12 to 24 hours so he can have a pretrial and speak to the bail commission so they can set his bail.

Everyone is encouraged to contact the police station and ask why an innocent man is behind held for doing nothing illegal. The phone number to the make contact with the police department is 215-686-3150.

Walking down the street when a firearm openly carried in a holster is not illegal in the State of Pennsylvania and also not illegal in the City of Philadelphia. Philadelphia has been notified multiple times both through MPOETC training and internal directives that open carry in the City is perfetly legal.

MPOETC training guide:

http://www.parevolution.com/media-center/file-downloads/issues/second-amendment/99-mpotecopen-carryupdate2009/download

Philadelphia internal directive:

http://andrewshemo.com/pafoa/philadelphiaopencarrydirective.pdf

 

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About The Author

Ademo Freeman is an advocate for a voluntary society, one where people are free to live their lives so long as they don't initiate force on others. Ademo has also been involved with other projects such as the MotorhomeDiaries.com, FreeKeene.com and LibertyOnTour.com You can get more content created by Ademo at his Facebook page and YouTube channel. Enjoy Ademo's post/work? Want to show him your gratitude, simply click here. Thanks in advance for your support, it's greatly appreciated.
  • Rachel Faith

    “I’m going to fucking shoot you” ???? This Cop needs to be fired and jailed for life.

  • Rachel Faith

    Wow. That was long. I cannot believe that after all that and knowing it was recorded they STILL sent men to arrest him? They didn’t back down and admit they were wrong? They want to prove he is a criminal and that their horrific violations are justified. They won’t be justified when they are in hell!

  • The Cap’n

    Thanks for helping to spread the word. The sooner the people of Philly open their eyes to what is going on around them, the better. Mark is being put through hell. And he is doing it with a smile, because he is a true American Patriot.

  • DEANNE

    Calling tomorrow. This sickens me. More proof that they do what they want and if you are smart enough to know it’s not legal, then they make up a lie. If people are not outraged by this then something is wrong with them.

  • Timothy H.

    Just talked to Mark on the phone. He’s a free man. He confirmed the charges of reckless endangerment and disorderly conduct. He has a hearing is scheduled for next Friday.

    CJC on Filbert St. Friday the 29th @ 9am

    Municipal Court-Cjc
    1301 Filbert St, Ste 206, Philadelphia, PA 19107
    (215) 683-7297

  • Burlyman78

    Did you confirm that the reckless endangerment and disorderly conduct charges are, in fact, a result of the incident recorded above? There was some ambiguity in the original story on whether the charges were related to that specific event. Second, can we get a copy of the arrest warrant and post it online?

  • http://GeorgeDonnelly.com George Donnelly

    Since he might sue, now they *have* to arrest him and press charges. If they win, his civil case against them is severely weakened. The fuzz always has tricks up its sleeve – because otherwise decent individuals support their existence, say they’re needed, fall victim to the fear that without them, civilization would immediately self-combust, etc.

    The worst criminals dress in blue and wear badges.

  • Ogre

    More evidence that cops are scum. Why the excessive swearing at an innocent person? And can you believe the gall of these bastards? “Oh, yeah, I’m pointing a loaded gun at you, I’m swearing at you, but I’m not threatening you?”

    “You’re coming here looking for f—ing problems? Shut the f— up?”

    These people represent the government. They are indefensible. In a just society, they would be in jail.

    “You were disrespectful — that’s how you get yourself killed.”

    I bet you didn’t know that being disrespectful to a policeman was a capital offense. There’s good reason to fear the police — many like these openly admit that if you disobey ANY order they give, THEY WILL KILL YOU.

    Free country, my ass.

  • iHATEcriminals

    Mark’s own audio recording did him in. He failed to comply with the cop’s commands, so the cop was actually being nice not to shoot him. By the way, you can thank me for the charges. Look at my comments on your “Shocking Audio” video and elsewhere; I specifically mentioned disorderly conduct and reckless endangerment weeks ago. I pushed the right buttons, asshole. Also, it is NOT illegal to make clandestine audio recordings of police officers in Pennsylvania. Criminal violations of the Pennsylvania Wiretapping Law are not applicable to civilians who make clandestine audio recordings of police officers. So much for you being an expert about state laws and how they are interpreted.

  • ThugHater

    Mark’s own audio recording did him in. He clearly failed to comply with the cop’s commands, so the cop was actually being nice not to shoot him. By the way, you can thank me for the charges. Look at my comments on your “Shocking Audio” video and elsewhere; I specifically mentioned disorderly conduct and reckless endangerment weeks ago. I pushed the right buttons, asshole. Also, it is NOT illegal to make clandestine audio recordings of police officers in Pennsylvania. Criminal violations of the Pennsylvania Wiretapping Law are not applicable to civilians who make clandestine recordings of police officers. So much for you being an expert about state laws and how they are interpreted.

  • http://libertythinkers.com Andrewjs18

    The charges are indeed from the incident that’s on youtube. here’s the docket:
    http://ujsportal.pacourts.us/DocketSheets/CPReport.aspx?docketNumber=MC-51-CR-0017077-2011

  • Matt B

    Disorderly conduct and reckless endangerment? BS. Nothing he did was anything of the sort.

  • LeMat

    Amazing how far these cowards will go to justify their thuggery. Brandish a weapon at me and I will end you; badge or no badge.

  • Burlyman78

    @Andrewjs18 — Thanks for the confirmation and the info! Much appreciated.

  • Mike

    I sincerely fear where this country is headed when Police threaten and assault a man for carrying out his constitutional right, and then charge him for disorderly conduct and reckless endangerment. The only people being disorderly, and reckless endangerment (pointing guns) were the officers involved. For shame Philly.

  • Gary Moeller

    I hope Mark sues the Philly Police Dept for unlawful arrest abd gets a HUGE award. Cops that are that beligerent don’t need to have a badge. At the very least, he should be administratively reprimanded and demoted. Drawing on a lawfully carrying citizen for no reason is unconscionable. The charges trumped up afterward should be brought against the cop, not Mark!

  • Jon

    wow, i wanna meet my new Millionare Friend Mark Fiorino.

  • Larry Gump Virginia

    Wow Philadelphia another city full of dirty filthy police….all the profanity laced commands are a clear indication this so called sergeant is a coward and joke.

    Fiorino had NO duty to comply with unlawful orders….if theres a march or show of presence in court for him lemme know…..

    As a former cop Ide like to have a chance to speak nose to nose with this piece of shit PPD Sgt.

  • Jim R.

    The old saying “Ignorance of the law is no excuse” goes both ways. The cop was ignorant of the law he is supposed to uphold, no excuse for his outrageous behavior. This cop should be put behind a desk or relieved of duty.

  • Frank

    Where are all the left wing anti-constitution zealots now? The cops were wrong and the force is out to get “their man” so they can back up their bad cops. (I use the word “cops” because these particular brown shirts do not deserve to be called police).

    Five cops to arrest a man for bogus unspecified charges? And he has audio to prove them wrong.

    Maybe Pennsylvania and Indiana have more in common than we know.

  • ME you

    OH my some one is wrong read your post

    2. ALL OFFICERS SHOULD BE AWARE THAT PENNSYLVANIA IS
    CONSIDERED AN “OPEN CARRY STATE” WITH THE EXCEPTION OF
    PHILADELPHIA. IT IS IMPORTANT TO DEFINE A FEW TERMS USED,
    WHICH ARE AS FOLLOWS:

    I read except Philadelphia therefore no open in Philly

  • Joe Vangel

    Mark’s going to win this case. That piece of shit cop needs to be fired. He was reckless with his weapon. It’s amazing how a person can have charges trumped on him/her when they police realize that they are wrong. The prosecutors office should be charged also ! They are complicit with the police in trying to cover up how Mark’s civil rights were violated !!

  • Joe in Aiken

    Wow! Is this really America? These cops give all police a bad name. This could of been just as easy been me or you. That scares me the most.

  • Buzzfire

    Well, now you all know what terrorist look like up close, they dress in blue, wear multiple weapons on their person, and will attack at any given moment like rabied dogs….always wear protection like Mark and many other have and wait to post till the mob makes it move by pressing false charges and then post it to expose the lies!!
    peace is light exposing the darkness…let it shine bright baby!!

  • http://eatadick.com bakalaka daka

    I cant believe Mark has lost his gun rights with no charges,no evidence, no trial, and no prosecutor. We need to stand up and fight for our rights to disobey 14 consecutive orders from some dicksucker in blue. We cannot stand to the side and watch the american government take our 2nd amendment rights without even telling us. When is the rest of America going to wake up and smell the dog shit

  • NYNurse

    Just wanted to say that there’s an issue with Philly’s policy as to citizens who open carry, as outlined by their own updated open-carry directive, dated 09/22/10.

    The directive admits that people with permits MAY open-carry. However, it directs officers to immediately detain and investigate everyone they see who is openly carrying. This involves seizing the firearm, requiring the permit be produced, and running the permit to ensure that it is valid. They must also ensure that there are no other “offenses or violations to be investigated”. If all checks out, they must return the firearm, and send the law-abiding citizen on his/her way. If there is no permit, or there’s a problem with the permit, “probable cause then exists to arrest the individual.”

    The problem I am having is understanding, if no “probable cause” exists prior to the stop, how the stop is legal and justified in the first place? Seems to me that this policy is directing officers to violate the 4th Amendment rights of American citizens, and that’s a problem.

    I also wanted to say that I understand why people are saying that we should comply with the police; it’s to avoid being shot. Being right isn’t much of a comfort to your loved ones when you’re dead. But to those that choose to stand up for freedom at the risk of personal safety, I, for one, thank you.

    For the rest of you, I offer this: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” –Ben Franklin

  • Corrupt Cop Hater

    The cops were acting in good faith but were unfamiliar with the confusing open-carry statutes. This was not police misconduct. Mark Fiorino committed a crime by refusing to obey over twenty consecutive bona fide police orders.

  • ME you

    As a permit holder he is to comply with ALL police orders and if any questions respond AFTER the fact as that is what is stated when he got his permit… so he broke the law by disregaurding all police orders.. Now he must pay the price and he MAY never see his permit again for BREAKING THE LAW by not obeying police orders

  • jeager bradean

    ok well as i see it the following things happened 1) the officer never identified himself 2) the officer drew his gun causing the public endangerment 3) the officer didnt know the laws for which he was suppose to be inforcing. ok now everyone says ignorance of the law is no excuse, so if this is true for the citizens shouldnt it also hold true for the officers? lets change the situation a little bit here and reverse roles, if mark saw the cop and drew his gun and did everything the officer did, what would he be charged with? assault, public endangerment, intimitadion with a deadly weapon, brandishing………… and what could he say “i dont know you i dont know you” and “im licensed to carry this gun” just like the cop did but who would be in trouble, ummm this should be a no brainer here, but the officer who did it is perfectly safe to do that? i am no cop but is what the officer did accepted SOP? im douting it but i may be wrong, now lets toss in another possibility, what if mark was a off duty officer from a different area and knows the law, now we have 2 officers one pointing his gun at the other, so whos ganna be the one getting in trouble now? and as for what “ME you” said on july 7, “As a permit holder he is to comply with ALL police orders” does this include unlawfull orders? or what about lawfull orders from a officer in conmision of a crime? because once agin ignorance of the law is no excuse, so what the officer did was break the law and commit a crime in my eyes, so is the permit holder to follow a order given that may not be lawfull? o and one more thing how was mark to know that this was a lagit officer with the way he was acting? and not some criminal who went online and purchesed everything to look like a member of phillidefia PD, just somthing to think about, bc i know first thing i would think is im getting mugged at that point, so hope this give some of you who think mark should be in jail somthing to think about.

  • Paul

    We are indeed in trouble in this society. It seems that the police have taken to interpreting the law any which way they choose. It’s easy to understand how the stresses of the job can harden these men/women, however they cannot be allowed to make up laws as they go. Pennsyvania Law regarding the carry of firearms is clear, and it IS NOT a crime to carry a firearm openly in the first class cities. Philadelphia Police, aside from acting unprofessionally, (no surprise there) are losing the respect and support of the law abiding community. That’s a very dangerous condition if it continues to grow. We can ill-afford to have the police operating as a fascist-like agency in the USA.

  • Paul

    As an aside, I recommend to those of you who choose to openly carry firearms in the City of Philadelphia; you simultaneously wear a Kevlar vest. It’s quite clear that the Police not only don’t know the state firearm carry laws, but they are also a lot of unprofessional, bullies who are maybe a little too fast on the draw. Having been a PA. police officer, and having worked and known a number of Phila. cops, I can tell you it’s much better not to mess around with these guys. You won’t win.

  • Paul

    Let’s face it folks; the economic conditions in this city (Philly), and the country (USA) are deteriorating fast. We have too many people, not enough jobs, and cash flow has slowed in every direction. There are many desperate people; have naughts who see the “haves” , and they may want to TAKE what they feel they are owed or need. Law abiding people have a RIGHT to protect themselves from the lawless. Cops have no right to harrass law abiding people. Cops have been behaving, at times, like the very gangs they are hired to protect us from. The police had best be advised that they are REQUIRED to treat ALL people with respect, and remember that ALL people are innocent until proven guilty and the police are not the judge , jury, and executioners in our legal system.

  • Ryan

    Mark was found NOT GUILTY on the criminal charges against him today in court in Philadelphia. Surprisingly the PROSECUTION entered the audio tape into evidence!

    Congrats Mark, thanks for fighting these BS charges. Sometimes the system does still work.

  • http://blog.jeremybeaver.com BigDawgBeav

    I forgot to post this after it happened, but thought everyone might want to see it. I was attempting to live-blog the criminal trial, but got shut down. Here are the posts I was able to get up:

    http://blog.jeremybeaver.com/2011/10/26/live-blog-marks-hearing/

  • Former Philadelphian

    This is the record of the Internal Affairs investigator who interviewed Mark Fiorino when he filed his complaint. I’ve provided a link and if it doesn’t work, go to google and type in Sergeant Maria Cianfrani. I created a facebook page on her. http://www.facebook.com/?sk=welcome#!/pages/Sergeant-Maria-Cianfrani-Internal-Affairs-Investigator-Page-by-Emengo/284385718304066