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ORDER OF COURT
AND NOW, this day of- a 2017, upon due consideration of the
Petitioner' s Motion for Change of Venue and response from the Commonwealth, i any, it is
hereby Ordered and Decreed that a hearing on this matter shall be held on Cd day of o' u
BY THE COURT:
AF
Distribution:
David Sunday, York County District Attorney' s Office
R. Davis Younts, Esquire, Crisp and Associates, 4031 N. Front Street, Harrisburg, PA 17110
Trev Jackson, Inmate No. 142375, York County Prison, 3400 Concord Road, York, Pa 17402
Court Administration
Clerk of Courts
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Commonwealth of Pennsylvania ln the Court of Common Pleas
York County, Pennsylvania
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AND NOW this 20th day of January, 2017, comes the above-named defendant,. Trev
Bowies Jackson, II, by and through his attomey, R. Davis Younts, Esquire and respe tfully
requests This Honorable Court grant a Change of Venue for trial in the above- captioned matter,
and in support thereof avers the following:
1. On or about November 22, 2015, an alleged incident occurred leading to the above
2. From November 22, 2015, through on or about June 15, 2016, a manhunt was
conducted for the Defendant based on his alleged involvement in criminal activity.
released dashboaxd camera footage of the incident, naming the Defendant as the" shooter" to local
media outlets. ( See Enclosure 1 ABC27.com article regarding release of video footage).
4. Due to the nature of the allegations, the release of video footage, and the manhurit
Enclosure 3 printouts of intemet search results for" police shooting York Pa").
Preliminary Hearing were representa.tives from major local media outlets including ABC 27 News,
Fox 43 News, CBS 21 News, and others. ( See Enclosure 4 Sampling of news articles published
prominently posted on the intemet web page you-tube which allows viewers to watch the video
and be exposed to comments regazding the incident. ( See
Enclosure 5 January 19, 2017 printout
7. The media reporting related to this case has included the name of the Defendant,
photographs, video footage of the alleged incident, and commentary on his criminal history. ( See
Enclosure 6 News article deta.iling the Defendant as a felon and a person not to possess).
9. Rather than declining with the passage of time, media interest in this case has
remained consistent and due to the nature of internet news articles, the news commentary, and
coverage of this case remains available to potential jurors at the click of a button. ( See Enclosures
2- 4, 7).
Apulicable Law
10. In accordance with Pennsylvar ia Rule for Criminal Procedure 584, a motion for a
change of venue may be granted if the court determines after a heazing that a fair and impartial
Tr al cannot otherwise be had in the county where the case is currently pending.
11. The factors for determining whether a change of venue based on pretrial publicity
should be granted are well established under Pennsylvania law. While the mere existence of
pretrial publicity does not warrant a presumption of prejudice, if pretrial publicity occurred, its
nature and effect on the community must be considered. According to the Court in Commonwealth
v. Chambers, 546 Pa. 370, 386 ( 1996), factors to consider include whether the publicity was
sensational, inflammatory, and slanted towazd conviction rather than factual and objective;
whether the publicity revealed the accused' s prior criminal record, if any; whether it referred to
the and whether such
confessions, admissions, or reenactments of the crime by accused;
information is the product of releases by the police or prosecuting officials. Pennsylvania Courts
have found that if any of these factors exists, the publicity is considered inherently prejudicial.
Once this conclusion is reached, inquiry must be made to determine if publicity was extensive,
sustained, and pervasive to the point the community must be considered saturated with it. Even
under such circumstances, change of venue may not be warranted if the passage of time has
significantly dissipated the prejudicial effects of the publicity. Commonwealth v. Boaar, 573 Pa.
426, 471 ( 2003)( cita.tions omitted)( citing Commonwealth v. Chambers, 546 Pa. 370, 386( 1996)).
12. In Commonwealth v. Pierce, 451 Pa. 190( 1973), the Pennsylvania Supreme Court
founci hat pre- trial was so pervasive that it required a change of venue. " While much of
publicity
the publicity was routine, factual, and wholly lacking inflammatory content, a great deal of
po8nted to his
publicity about Pierce was emotionally charged and inflammatory, and clearly
guilt." Commonwealth v. Frazier, 471 Pa. 121, 127 ( 1977) ( quoting Pierce ) ( emphasis added in
Frazier).
Argument
13. Giver the time that has passed since the incident and giving ri.se to the r.hazges and
other critical procedural steps in this case, including the Preliminary Heazing, t is Honorable Court
is now in a reasonable position to evaluate the pre-trial publicity in this case. Upon review ofpre-
trial publicity, it is clear much of the pre-trial publicity has been inherently prejudicial, that
coverage has been pervasive, and that the passage of time has not eliminated the pervasive nature
of the coverage.
14. As in Pierce and F azier, the media coverage in this case, including a dashcam
video released by the Northern York Regional Police Department, has been emotionally charged,
inflammatory, and identified the Defendant as a Felon. The officially released dashcam foota.ge
reveals potential evidence in the case and the video has been posted and reposted on publiGly
available and used internet sites, such as you- tube. ( See Enclosures 1 and 5). News
pervasively
coverage after the preliminary hearing has included emotionally charged headlines such as
Officer says he heard gunshot, felt powder burn on his face..." ( See Enclosure 4). News articles
that remain readily available online indicate the Defendant is a felon and a person not to possess.
See e. g. Enclosures 6 and 7). Because the pre-trial publicity, including a video released by the
police, has resulted in extensive media coverage and media coverage. has been e notionally
charged, and included aspects of the Defendant' s criminal history, the Defendant has met the
See Commonweadth v.
establishing ` hat the publicity has been inherently prejudicial.
burden of
Borrcar. 573 Pa. 426 ( 2003) arid Commomvealth v. Chambers, 546 Pa. 370 ( 1996).
15. Having -met the burden of esta.blishing the prejudicial nature of-the- pre-trial -
publicity in this case, the Defendant avers that the nature and extent ofthe news media coverage
in this case has been sufficiently pervasive and continuous. For more than a year, multiple large
media outlets in the York Community have covered this case and provided a forum for the police
to disseminate information regarding the case, including a video allegedly containing criminal
a
activity. Coverage has included, television, print, and internet circulation throughout atl phases of
the case. ( See Enclosure 4). T'he passage oftime has not alleviated the potential prejudice because
multiple stories and videos related to this case are available publicly online (See Enclosures 2,3
and In addition to being publicly available for viewing on line, the stories and videos may.be
5).
commented on by readers causing the content to be refreshed and increasing the possibility for
and prejudicial commentary. ( See Enclosure 7).
inflammatory
Conclusion
GRANT his motion and proceed with necessary judicial actions to initiate a change of venue.
Respectfully submitted,
R. D, is Younts, Esquire
Attorney ID# 89343
CRISP AND ASSOCIATES, LLC
4031 N. Front Street
Harrisburg PA 17101
717.412. 4676 ( p); 717. 412.4679 (
Attorney for Defendant
Commonwealth of Pennsylvania ln the Court of Common Pleas
York County, Pennsylvania
CERTIFICATE OF SERVICE
Respectfully 5ubmitted:
sp and.Associates, LLC
ENCLOSURE 1
S
traffic
Page 1 of 3
Police release video of man shooting at officer during stop
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Trev Bowies Jackson, 24, is wanted on charges including attempted homicide and aggravated assault.
Northern York County Regional Police Department)
YORK, Pa. ( WHTM) - Northern York County Regional Police released dash-cam video of a police-
involved shooting last week in an attempt to capture the suspect.
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Police said on November 22, Trev ackson tried to kill Officer Lynn Anderson during a traffic stop at
the Manchester Crossroads Shoppirag Ce ter. Anderson pulied Jackson over on suspicion of drunk
driving and detecting an odor of marijuana coming from the car, police said.
In the video, Jackson can be seen firing at Anderson several times. Anderson was not hit.
Jackson is to be considered armed and " extremely dangerous;' according to police. He may have a
wounded left hand.
Northern York County Regional Police Department held a news conference Wednesday morning
briefing the latest in the investigatian.
Chief Mark Bentzel says investigators have been in contact with ackson's family, howe er the
search remains ongoing.
Pa. Crimestoppers is offering a $ 5,000 cash reward for atip that leads to ackson's arrest. To leave
a tip you can call 1- 800-4-PA-TIPS. You may also report any sightings or information tm 9- 1- 1 or
17- 292-3647:
Get breaking news, weather, and traffic on the go. Download ABC 27 News for iPhome here
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ENCLOSURE 2
police shooting york pa- Bing Page 1 of 3
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1/ 18/ 2017
http:// www.bing.com/ search? q= police+ shooting+ york+pa& form= IE 11 TR& src= IE 11 TR&...
police shooting york pa- Bing Page 2 of 3
Jan 15, 2017 There are reports of a shooting in York City. Pollce are responding to a
shooting along the 400 block of Princess St.
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Trev Bowies Jackson, 24, of York cdy, is wanted after he fired three gunshots at an
officer during a drunken driving stop, police said.
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ENCLOSURE 4
Officer says he heard gunshot, felt powder burn his face during York County traffic stop ... Page 1 of 2
MANCHESTER TOWNSHIP- On what started off as a typical night patrolling northern York County, O cer Lynn Anderson spotted a
blue Buick that was moving between lanes, without using a turn signal; on Arsenal Road.
Anderson pulled over the driver and what he testified on Thursday happened next happened very quickly.
He didn't actually see the gun, but he was close enough to feel the powder burn his face.
As Anderson rolled for cover, two more shots went off, he said, and the driver of the Buick jumped back in his car and sped away.
Police say the driver was Trev Bowies Jackson, 24, of Philadelphia.
Jackson's face was plastered all over the news and on highway electronic billboards before he was arrested in April- five months later.
A preliminary hearing was held on Thursday, and charges that include criminal attempt at homicide, assault of a law enforcement
officer, recklessly endangering another person and burglary were all bound over to York County Court, where he is set for arraignment
on Oct. 7.
Anderson told the court that when he pulled Jackson over in the Crossroads Shopping Center on Nov. 2, he asked him to step out of
his car.
Jackson did, but when he handed the officer his drivers' license, he dropped it on the ground.
The officer said he then told Jackson, twice, to put his arms behind his back. As Anderson put away his light to grab his handcuffs, he
saw Jackson move to his left.
He said Jackson therigot into his car and sped away. Anderson fired at the fleeing Buick seven times, shattering at least one of the
car's windows, before it got away.
Several hours later, Jennifer Storm, who lives nearby, went outside to her garage. She heard crunching leaves, and then heard the
latch of her gate opening.
She turned and she testified that she saw a man in a hoodie holding her son' s bicycle.
She called the police, and Northern York County Regional Police Detective Bill Haller, realizing Storm lived near the site of the
shooting, began investigating.
His suspicions that the bike thief could be Jackson were further raised when he found a pool of blood inside the shed and on the leaves
outside, he said.
Investigators soon found the bike at the York apartment belonging to Jackson' s girlfriend, according to testimony.
During the hearing, there was no mention of the search for Jackson, and afterwards, Senior Deputy Prosecutor David S nday said he
would not comment at this point on what prosecutors believe Jackson was doing during that time.
But on the accusation alone of assaulting a police officer with a firearm, Sunday said, Jackson faces a mandatory sentence of 20 to 40
years in state prison if convicted.
And it's an incident like this, which was captured on dash cam video, that highlights what a dangerous job police officers have, Sunday
said.
Incidents like this show that every single day that a police officer is working, they can come into contact with something that can end
their life;' he said.'" This was a mundane traffic stop that resulted in gunshots."
RegisVation on or use of this site constitutes acceptance of our User Agreement and Pr{vacy Pollcy
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p Ad Chofces
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Man accused of shooting at p olice
officer
homicide.
Jackson was a rrested in Philadel phia earlier this year after being on the
run for nearly fiv e months.
In court, Officer Anderson did test ify. Anderson said he su ffered gun
powder bur ns on his face.
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YORK, Pa. ( WHTM)- A man jailed for shooting at a police officer in Manchester Township last year
is headed to triaf on attempted homicide and related charges.
All charges against 25-year-old Trev B. Jackson were held for court after a preliminary hearing on
Thursday.
1/ 19/ 2017
http:// abc27. com/ 2016/ 09/ O1/ york- man- held- for- court- for- shooting- at- police-
officer/
York man held for court for shooting at police officer Page 2 of 3
rounds.
Jackson was arrested in April. after five months on the This image taken from a police video
shows a Nov. 22 traffic stop where police
run. He' s in York County Prison without bail.
say Trev ackson fired three shots at
Officer Lynne Anderson.( Northern York
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York man held for court for shooting at police officer
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All charges against 25-year-old Trev Jackson were held for court on Thursdo s He's accused ofulminal attempted homicide, aggravated assault and recklessly endangering another person, prosecutors satd, for shooHng at
York County police o(( cer last November.
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MANCHESTER TOWNSHIP, Pa. The man police say tried to kill a police officer by shooting at him when the officer tried to conduct a
traffic stop has moved closer to trial following a hearing Thursday morning in York County.
All charges against 25-year- old Trev Jackson were held for court by Magisterial District Judge leffrey Oberdorf.
Jackson faces several charges, including criminal attempted homicide, aggravated assault and recklessly endangering another person,
prosecutorssaid.
http:// local21news. com/ news/ local/ man- accused- of-shooting- at-police- officer- moves- closer- to-trial 4/6
1/ 19/2017 Man accused of shooting at police officer moves cl er to trial WHP
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Michael Gorsegner
@M11keGorsegner
Prosecutors say Jackson shot at Northern YorkCounty Regional police Officer Lynn Anderson on Nov. 22, 2015, after Anderson pulled
Jackson over in a Manchester Township shopping plaza. Investigators say Jackson tried to shoot Anderson when the fficer tried to take
him into custody.
Jackson pulled a handgun from his waistband a nd fired fired three rounds at Anderson and drove away from the area, police said.
RELATED Video Police officer shot at durinr: traffic stop( http//local2lnews com/ news/ local/ video- police- officer-shot- at-durin-
traffic-stopl
A several month manhunt took place for Jackson, with him being located in Philadelphia and arrested on April 29.
On Thursday, Anderson testified at the prelimi nary hearing saying the traffic stop was normal and he pulled Jackson over for seeing his
vehicle swerve twice into another lane.
Anderson testified Jackson was complying with the traffic stop, but the only thing that was odd was his vehicle' s windows were tinted and
wouldn't go down. That is why,Anderson said, he asked Jackson to get out of the vehicle.
As Jackson got out of the vehicle, Anderson testified he got a feeling Jackson might run, so he started to get closer to Jackson.
Anderson said he was" inches away from Jackson" when he heard the pop of the gun lackson pulled, and was even burned by the gun
powder discharge.
Anderson said Jackson fired two more shots at him as he was retreating. Anderson he returned fire seven times toward Jackson' s vehicle
as it sped away.
Incidents like this show that every single day a police officer is working, they could come in contact with something that could end their
life. This was a mundane traffic stop that resulted in gunshots;' York County Chief Deputy Prosecutor Dave Sunday said.
defense
Jack-son said they may pursue a change of venue for the trial or to bring an outside jury in because of the press coverage and the
already-released dashcam video, which could have allowed potential biases to atready be formed by prospective jurors.
My focus at this point is really on the facts that the video is out there.What we don't want is people seeing that video and making a
determination about the case before they have had all of the evidence in front of them;' defense attorney Davis Younts said.
A second preliminary hearing was also held for lackson related to theft and prowling a night charges.
y
Police allege Jackson broke into a shed nearby where the shooting occurred and stole a bicycle he used to get away.
Investigators found blood inside and outside of the shed, which they say belongs to Jackson. All charge against Jackson in relation to those
counts were also held for trial.
Police
Cristina Lissette Perez, Xeomarie Velez-Quinones and Cathillia Laureano were all arrested March 4 in connection to the case.
Laureano is accused of bandaging Jackson's wounds, providing him with clothing, and arranging a ride for Jackson with Velez-Quinones.
6
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ENCLOSURE 5
7' 7
1/ 19/2017 Vev jackson york pa site:youtube.com- Google Search
https:/ lwww.google.com/ webhp?sourceid= chrom instant& ion= 1& espv= 2& ie= UTF- 8#q= trev% 20jackson% 20york% 20pa% 20site% 3AyouQube. cam 1/ 2
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ENC, OSURE 6
Trial ahead for 2 women accused of helping Trev Jackson
II evade capture
I.,iz Evans Scolforo, 505- 5429/ LizSrnitoroYD Publishcd 4: 50 p.m. ET April 7, 2016 Updated 9: 42 p. m. ET Apri17, 1016
f,',, I Two of three women accused of helping alleged would- be cop killer Trev Bowies Jackson 11 evade capture
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i are now facing trial, and one of them is being released from prison.
Jackson, 24, formerly of the 100 block of East College Avenue, remains a fugitive on the charges of
attempted homicide, aggravated assault on a police officer and reckless endangerment. He is a convicted
felon who isn' t allowed to possess rearms:
v
Anyone with information about his whereabouts is urged to call 911 immediately. Police said he should be
considered armed and dangerous.
t
Jackso is accused of firing a pistol three times directly at the face of Northern York County Regional Police
Officer Lynn Anderson during a 10 p.m. Nov. 22 traffic stop along Route 30 in Manchester Township.
Phofo: SubmiTted)
Anderson dove out of the way and avoided being shot, then returned fire and wounded Jackson in the left
hand as Jackson fled in a vehicle, police have said.
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Jackson' s on- again/ off-again girlfriend, Cathilia Laureano, appeared Thursday before Emigsville- area District Judge Jeffrey Oberdorf and waived her
right to a preliminary hearing.
In exchange for her waiver, senior deputy prosecutor Kelley Nelson requested a bail modification for Laureano to unsecured supervised bail, meaning
Laureano wouldn' t have to post any money to be released. Nelson said the woman has no prior criminal record.
She has two children;' pubiic defender Catherine Himes told Oberdorf.
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Judge' reluctanY: Oberdorf granted the request, changing Laureano's$ 100,000 bail to$ 100,000 unsecured baii, meaning she could forfeit that
amount if she misses court hearings. The judge ordered Laureano be supervised by probation officers while free on bail, and said he was only willing
to make the change because the prosecution requested it.
You helped someone who allegedly tried to kill a police officer," and who could try to kiil another officer, Oberdorf told her." I' m reluctant to do this."
Thank you, I appreciate it," Laureano replied. She was expected to be released from York County Prison Thursday evening, a prison official said.
Her apparent aunt, Xeomarie Velez-Quinones, chose to have her preliminary hearing Thursday morning. After listening to tiestimony, Oberdorf
determined enough evidence exists for her to stand trial in York County Court.
Velez-Quinones, 33, of 428 W. Philadelphia St., first floor, remains in county prison on$ 100,000 bail, charged with two coumts of hindering the
apprehension of a suspect.
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l; I, Laurearao, 23, of 337 W. Market St., Apt. 4D, is charged with four counts of hindering the apprehension of a
suspect.
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Had to know': The two women might not have known that Jackson allegedly shot at a police otficer at point-blank range, but the fact that he showed
up'at Laureano's home with a gunshot wound to his hand and was reticent to say how it happened should have made them suspicious, Oberdorf said.
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They had to know there was criminal activity going on," he said.
Oberdorf acknowledged that both women allegedly lied repeatedly to a deputy U. S. marshal searching for Jackson and only told the truth about being
with Jackson after learning there was evidence he' d been with them and that they could be charged with felonies for lying to police.
When Velez-Quinones' defense attorney, Wayne Gracey, argued his client and Laureano eventuaily told the truth, Oberdorf wasn't impressed.
The judge likened it to running a stop sign, seeing a police officer, then backing up and stopping for the stop sign.
Testimony: Nelson called just one witness for Velez- Quinones' preliminary hearing Deputy U. S. Marshal Philip R. Lewis III.
Lewis testified he and other members of the U. S. Marshals Service Fugitive Task Force went to Laureano' s apa tment on Nov. 23, hours after the
shooting incident, and spotted a bloody white BMX bicycle in the lobby of her apartment building. The bike matched the description of a bicycle stolen
from a Manchester Township shed, allegedly by Jackson, Lewis said.
The task force members found blood on the doorknob of Laureano' s apartment door as well. They forced entry inside, but" the place was empty,"
Lewis said.
Inside, they found an open bag of Jackson' s bloody clothes in the bathroom along with a bottle of peroxide, according to Lewis.
Surveillance video and information from a neighbor led the task force to Velez-Quinones' apartment, where they found her and a crying Laureano, he
said.
Came clean': Laureano eventually admitted Jackson showed up at her door injured and that she cleaned his wound, wrapped it in a pair of tights and
called Velez-Quinones in a panic, according to Lewis. Defense attorney Gracey said Velez-Quinones is Laureano' s aunt.
Velez- Quinones eventually admitted she drove to Laureano's home, picked up Laureano and Jackson, and drove them back to her home, Lewis
testified. She said after pulling up, Jackson got out of the car and kept going, that he didn't go inside her apartment that day, the deputy marshal said.
He also testified the women indicated Jackson didn' t tell them how he got shot.
Lewis said he told the women," Just teli the truth; you won' t get in troubie;' but that the women lied for at least a half-hour before they" came claan."
The third woman charged with hindering the apprehension of Jackson is Cristina Perez, 23, of 223 Park St. in York City. Oberdorf forwarded her case
to York County Court for trial following her March 31 preliminary hearing.
Read or Share this story: http:// www.yorkdispatch. com/ story/ news/ 2016/ 04/ 07/ trev- jackson- police- gunfire- shoU82756664/
ENCLOSURE 7
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E unny 7" tiey don' t mention Ehat he was on slate paroie You kno v, what the Secretary ot C) orrertioi s
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lik3s to cail a" reentrartt." It seems this" reontranf" didn' t do so taeil. Keep in mincl lu> purpnsoly
ir pped his license on the ground h pmg th oftirer tiva. ld benc4 over to pick it up sr Itid coi.tl i; op him
in th h0ad. Nice guy
I got news fo you folks; if you a drug dealer: yaw probablv violenl. as ueil, the bus ness itself is
inhoront{y violQnl.
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Another violnnt Thug tho. f' olico d a! with avc ry day. Just imegine if lhe officer shot this Thug. We
wouid have riots end lor tin,y _.
JimB
This example of violence against El e police ilCustrafes just hotiv wrong and ev is Colin Kaep mick' s
anti-polico rhotoric and action Po1r. Kaop nticEc does not desorve to be e membot oi a Notioi al Faotbeil
league ciub.
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I' m sure thai ihis guy was e' good farnily men" v rha uas turnirit 17is IiFe arnund.
brianinpa
c` . Shelt-shocked
Sheli- shocked