The search warrant that got Pagans Motorcycle Club patch holder James Marcus “Jimbo” Hicks, Jr. (above) killed last week is still an official state secret. So is the affidavit which asked a judge to authorize the search.
So is the name of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent who wrote that affidavit. It is not yet an official secret that the name of the Resident Agent in Charge of the ATF’s Richmond office is Brian Swann.
The details of this shooting are secret not because revealing them might jeopardize an ongoing criminal investigation but rather because they might jeopardize the bureaucrats responsible for James Hicks homicide. If they were made known there is a very slight chance that some policemen might be embarrassed. There is an even a remote possibility that one of them might lose his job.
Items To Be Seized
Hicks’ widow Cathy was standing right next to him when a cop pretending to be a commando shot her husband twice. It was the darkest hour before the dawn. The middle-aged husband and his middle-aged wife went to confront whoever was trying to break into their home. They went together. He picked up a varmint gun. She was standing so close to him she could “feel the wind” of the bullets that killed him.
Then the police kicked Cathy Hicks out of her house. They did not have the decency to let her hold her husband while he died. Hours later she had to go to a gas station to use a bathroom. Witnesses at the gas station said she was still crying.
The top secret search warrant, which nobody is ever supposed to see lists the “Items to be seized” to be seized from James and Cathy Hicks’ home as “PMC members’ colors and club memorabilia such as patches, shirts, cuts, jewelry, belts, wristbands, wallets, walking sticks, posters, glassware, statues, plaques, business cards or club cards and the PMC constitution or any document containing PMC membership information or PMC rules.”
The Nature Of The Warrant
The warrant that precipitated James Hicks’ homicide was a “Knock and Announce” search and seizure warrant.
In the United States, a warrant must be obtained before a search can be conducted in any place in which a person may have “a reasonable expectation of privacy:” Such as their home after dark. A warrant authorizes officers of the court to search for specific items at a specific place at a specific time. Search warrants are issued to find and seize contraband or evidence of criminal activity.
Only the judge who signed the warrant can explain why this warrant specified the intrusion of someone’s home before dawn or what criminal activity Pagans “memorabilia” might evidence. According to Virginia law, under the conditions of this warrant the police were required to knock, identify themselves and then wait a reasonable time for the Hicks to open the door.
A Virginia State Police spokesman named Sergeant Thomas Molnar said last week that police scrupulously followed the law regarding these conditions. Molnar claims Hicks “confronted” officers with a shotgun, that he was “ordered” to drop the gun, that he “refused” to do so and then he was shot by an officer wearing body armor and a Kevlar helmet who was acting in self defense. Molnar was not there. Cathy Hicks, who was, said her husband never had time to lay down his gun before he was executed.
Search Warrant Return And Inventory List
Last night, Richmond, Virginia television station WTVR announced it had lawfully obtained the “search warrant return and inventory list” from the Hicks home invasion. The items seized from the home included Hick’s “shotgun, a bank statement, assorted photos, (2) motorcycle helmets, MC Club patches, 2 Pagan walking sticks, camera, Samsung video camera” and “assorted ammunition.”
So that is why James Hicks was killed. That is why Cathy Hicks was shut out of her home for hours and compelled to grieve in a gas station rest room. For, “assorted photos.”
Don’t tell anybody. The warrant and the inventory list are secret.
James Hicks was buried last Saturday.