BajaNomad

American Arrested in Loreto

Bomberro - 3-11-2009 at 06:23 AM

Does anyone have any real information on this arrest? Seems like very strange charges, would not happen in the USA.
nternal CERESO in a foreign libel
En Loreto fue aprehendido el extranjero David Allan Smith, de 68 años de edad, por el delito de difamación. Loreto was apprehended abroad David Allan Smith, 68 years of age for criminal defamation. Foto: El Sudcaliforniano Photo: The Sudcaliforniano
El Sudcaliforniano The Sudcaliforniano
11 de marzo de 2009 11 March 2009

Redacción Editorial

Loreto, Baja California Sur.- David Allen Smith, de 68 años de edad, originario de Chicago Illinois, USA fue aprehendido e internado en el CERESO en Loreto, Baja California Sur, por su presunta responsabilidad en la comisión del delito de difamación. Loreto, Baja California Sur .- David Allen Smith, 68 years old, originally from Chicago Illinois, USA was arrested and interned in the CERESO in Loreto, Baja California Sur, for their alleged responsibility in the commission of the crime of defamation.

Los elementos policiacos omitieron el nombre de la persona presunta afectada y la forma cómo se cometió el delito. The police officers failed to name the person allegedly involved and how the crime was committed. Únicamente refiere que la orden de aprehensión fue ejecutada a las 21:33 horas del día 09 de marzo de 2009 y puesto a disposición del Juez de la causa. Only refers to the arrest warrant was executed at 21:33 hours on 09 March 2009 and made available to the judge.

David Allen Smith, originario de Chicago USA, con domicilio conocido en el Rancho denominado "El Carrizalito, BCS, pensionado. David Allen Smith, a native of Chicago USA, with known address at the Ranch called "Carrizalito, BCS, pensioner.

DENNIS - 3-11-2009 at 07:09 AM

Doesn't say much, does it.

BajaDove - 3-11-2009 at 08:15 AM

Are we talking Defamation of character. That is serious if it was committed to writing and spread around. It can be up to five years. We were questioned and dismissed on that charge. Scarry.

CaboRon - 3-11-2009 at 08:32 AM

You have to be very careful down here, especially in a small town such as Todos Santos.

Living with no rule of law seems to encourage dishonest behavior by both the Gringos and the Mexicanos...

The temptation is great to publically reveal these miscreants,

However use your best judgement and wait until you are safely across the border before you publish or announce your opinion.

CaboRon :cool:

Kencito - 3-11-2009 at 08:43 AM

This is the very same David Smith that wrote this blog here.
http://dondavidonbaja.com/


David Smith was arrested by the Mx authorities last month on a different trumped up charge but was soon out of the pokey with the help of his lawyer. Now it appears that he has bigger legal problems to deal with.
I guess writing and blogging and having opinions scares the dickens out of the powerful of Loreto.
Ni modo.

wilderone - 3-11-2009 at 09:53 AM

Might have something to do with certain implications in this:
I hope everything works out for him - his heart seems to be in the right place.

http://dondavidonbaja.com/openlettereng.html

Or, most likely this:

djh - 3-11-2009 at 10:13 AM

http://dondavidonbaja.com/loreto-alert.html

. . . since the arrest / incarceration happened in Loreto.

Interesting.... first I've heard of any of this...

ELINVESTIG8R - 3-11-2009 at 10:13 AM

I read some of his writings in his Blog regarding the problems he is having with the powers to be trying to change the original boundaries of his ranch. If he was arrested for blogging about it and naming names if it is true and not a lie then this just goes to show that foreigners have no voice in Mexico over their property if you live there legally. What a Crock of chit! If they arrested him for what he is writing about his land then it "REALLY IS A CROCK OF GUANO (The S word)!" Is there something I am not getting here?

Bajahowodd - 3-11-2009 at 10:29 AM

I don't know. First, in my opinion, this guy seems to be his own worst enemy. His writings, at least to me, tend to be overly complicated and at the same time, confusing. He really lost me at Juanito's erection high on the hill that slapped eco-tourist in the face.

I'll give him props for caring. But it seems foolhardy to dive headlong into the policitcs of a country of which you are not a citizen.

BajaNomad - 3-11-2009 at 11:19 AM

"...harm that I'm causing with this website...before he narrows his attack down to three of my stories that supposedly prove his point.

"With "Shoot the Messenger," he tries to say that a situation that frighten many there at San Cosme, Chayo, Maria, Alejo, simply didn't happen. This is when he was shaking translations of "Marina San Cosme er Another Punto Banda?" in the faces of those there, telling them that I said this and that, which I never did, telling them he was gonna sic his lawyer on 'em, him stating to Chayo that I might as well plan on not coming back, him bein' six er seven times stronger here than I was in Mexico. (Read "Lost in Translation.")

Then he's off onto that "Marina San Cosme" story itself, him trying to say that I say that money being used in his project was narco bucks, which any careful reading, in English er Spanish, certainly proves him wrong. He goes on to essentially prove his thesis is wacko by stating that I say that narcos wouldn't be so stupid to invest money in such a ridiculous manner. (My thinking here was that money sunk into any property in and around San Cosme was money certainly ill spent, especially with all the over-lapping property claims.) And he states, correctly, that I say that money could be laundered here in Mexico (no chit) in much wiser and more lucrative ways, i.e., than on his project. (Does anyone doubt that drug money can be laundered in Mexico, or the U.S.A., or Canada, or...?) This is his "big guns" charge against me, for defamation of his character, me never once using his name. This is the one he seems most sensitive to, also.

The third story which he sees as important enough to get officially translated and present as evidence against bad 'ol me, "The Trapper," which has absolutely nothing to do with Robi or anything he's up to here, and really shows how ignorant he is of our situation here in El Carrizalito. You talk about bein' short on ammunition and grabbin' fer straws! Or, as Sr. Yee chuckled, "Lookin' fer needle in mountainous haystack."

He talks about me taking the law into my own hands effecting vehicular traffic on a public road that all have the right to pass over.

Obviously Robi was never informed about us already having fought and won the "locked gate fights," all three er four rounds of 'em. During that battle Gutierrez and Cresincio Telmontes and Trojillo hurled legal actions against me (the Loreto police, Immigrations, Ministeria Publico, Federal Tide Zone inspectors), these always coupled with radio and newspaper attacks; sometimes those "get rid of the bad gringo" campaigns started a month before we showed up here.

The El Carrizalito road, because it goes to no other property nor to the federal tide zone is just like someone's driveway. And yes we can gate it, and lock the gate, and we have every right do defend the rancho from trespassers, even to the point of use of force, just like you can with an intruder in your house.

The Federal agency that did come to investigate accusations that we were illegally utilizing the federal tide zone drew an accurate sketch of the situation while giving us an absolutely clean bill of health.

All those attacks had the effect of sorta immunizing us from further assaults, those agencies involved actually investigating, finding charges but overblown hot air, which were taking up their scant time and resources.

Grabbing for one last straw, him using my own words, he states that I was speaking bad about the Governor and the Presidente Municipal of Loreto. (The past administraton.) And I guess, 'cause I'm a gringo, he thinks I'm not supposta talk about politics here in Mexico; something, according to my legal advisers, considering my documents, I have the perfect right to do. And, gosh...with my pen I've been doing this for a long string of years now.

From:
http://dondavidonbaja.com/disectingRobisDemanda.html

JESSE - 3-11-2009 at 11:31 AM

I hope he is a citizen, otherwise, his legal advisers, are idiots.

fdt - 3-11-2009 at 12:00 PM

Quote:
Originally posted by JESSE
I hope he is a citizen, otherwise, his legal advisers, are idiots.

The story on the paper refers to him as "Extranjero" or foreigner.

http://www.oem.com.mx/elsudcaliforniano/notas/n1079769.htm

David K - 3-11-2009 at 12:07 PM

Quote:
Originally posted by Kencito
This is the very same David Smith that wrote this blog here.
http://dondavidonbaja.com/


David Smith was arrested by the Mx authorities last month on a different trumped up charge but was soon out of the pokey with the help of his lawyer. Now it appears that he has bigger legal problems to deal with.
I guess writing and blogging and having opinions scares the dickens out of the powerful of Loreto.
Ni modo.


"AGUA VERDI" ???

If he is so interested in 'Agua Verde'... you think he would at least SPELL IT CORRECTLY!:lol::light:

CaboRon - 3-11-2009 at 12:27 PM

Quote:
Originally posted by JESSE
I hope he is a citizen, otherwise, his legal advisers, are idiots.


He should just be quiet ......

CaboRon - 3-11-2009 at 12:28 PM

Quote:
Originally posted by ELINVESTI8
I read some of his writings in his Blog regarding the problems he is having with the powers to be trying to change the original boundaries of his ranch. If he was arrested for blogging about it and naming names if it is true and not a lie then this just goes to show that foreigners have no voice in Mexico over their property if you live there legally. What a Crock of guano! If they arrested him for what he is writing about his land then it "REALLY IS A CROCK OF GUANO (The S word)!" Is there something I am not getting here?


You didn't really think there were rights for gringos did you :lol:

shari - 3-11-2009 at 12:40 PM

does anyone know if this was the guy who was at Rancho Cosmos years ago...he would come out and only speak spanish and was really rude to us when we asked about the hot springs...looks like him only much older now.

It's tough when we learn what really goes on behind the tortilla curtain...but must grin it and bear it most of the time. Once a wealthy business owner falsely accused me of something and I got a lawyer to defend myself who just told me to forget it...I'd never win against a rich mexican...just pay the fine and get on with your life...hated that.
Defamation is a common charge....will be interesting to see if he gets out quickly again.

ligui - 3-11-2009 at 12:43 PM

See No Evil , Speak no Evil , ....Pay your Mordia...:yawn:

You don't get much your way in mexico if you don't know their rules .


Got a feeling he'll be headed for the states--one way .

Hope things work out for him , jail I believe won't be much fun .

Woooosh - 3-11-2009 at 01:32 PM

Quote:
Originally posted by ligui
See No Evil , Speak no Evil , ....Pay your Mordia...:yawn:

You don't get much your way in mexico if you don't know their rules .


Got a feeling he'll be headed for the states--one way .

Hope things work out for him , jail I believe won't be much fun .


what he said. :!::!::!:

ELINVESTIG8R - 3-11-2009 at 02:07 PM

Quote:
Originally posted by CaboRonYou didn't really think there were rights for gringos did you :lol:


With permiso...Yeah I kinda did think so!

JESSE - 3-11-2009 at 03:09 PM

Quote:
Originally posted by CaboRon
Quote:
Originally posted by JESSE
I hope he is a citizen, otherwise, his legal advisers, are idiots.


He should just be quiet ......


Until he gets his citizenship, it makes a huge difference.

Not any more

Dave - 3-11-2009 at 03:25 PM

Quote:
Originally posted by BajaDove
Are we talking Defamation of character. That is serious if it was committed to writing and spread around. It can be up to five years. We were questioned and dismissed on that charge. Scarry.


It's now a civil matter. The law has been changed. Of course, that might not mean much to the authorities in Loreto. :lol:

I still think you can be expelled from Mexico, though. It's called being 33'd.

[Edited on 3-11-2009 by Dave]

vandenberg - 3-11-2009 at 03:31 PM

Seems to me that he puts his nose in a lot of business that shouldn't concern him. Kind of like your mother in law.:biggrin:

Crusoe - 3-11-2009 at 03:39 PM

Shari.... That is the same man who has been there for 30 plus years. People around there used to say "david smith" was not his real name either. Who knows for sure. ++C++

defrag4 - 4-15-2019 at 12:43 PM

wonder what ever happened to ol Dave...

vacaenbaja - 4-15-2019 at 05:36 PM

Law offices of Benjamin Franklin seem to solve many problems quickly, and perhaps in the long run relatively cheaply.
They bring results not justice

chuckie - 4-15-2019 at 05:43 PM

This is 2009 news?