U.S.A. –-(Ammoland.com)- The youthful Second Amendment supporter who made national headlines has reached a plea deal with the Green County Prosecutor. Dmitriy N. Andreychenko conducted his advocacy in a Missouri Walmart on 8 August, 2019, less than a week after a mass murder in an El Paso, Texas Walmart on 3 August, 2019.
Andreychenko wore body armor, had an unloaded, slung AR-15 type rifle, and a loaded, holstered pistol. He took a shopping cart into the Walmart while videoing himself on his phone. Police arrested Dmitriy on a charge of a terrorist threat in the first degree. The prosecutor initially charged him with a terrorist threat in the second degree. I predicted the prosecutor would not charge him with a first degree threat. The conduct did not match the charge.
The video demonstrates Dmitriy was calm and cooperative with the police.
The surveillance video of Dmitriy inside the store does not seem to have been released to the public.
On August 14, I predicted the prosecutor was aiming for a plea bargain to a charge of terrorist threat in the third degree, “Causing a false belief or fear”.
Dmitriy consistently told the story that he was testing his Second Amendment rights, and he expected Walmart management to talk to him, not pull a fire alarm. The Third degree terrorist threat is probably the prosecutor’s target.
The prosecutor and defense have agreed on a plea bargain to a somewhat reduced charge from the third degree terrorist threat, which is a class A misdemeanor. Dmitriy has agreed to a plea of “knowingly causing a false report to be made”, which is a class B misdemeanor. From greencountymo.gov:
SPRINGFIELD, Mo. – Greene County Prosecuting Attorney Dan Patterson announces that Dmitriy N. Andreychenko, 21, of Battlefield, Missouri, entered a guilty plea to an amended charge of the class B misdemeanor making a false report. In the amended charge, the defendant is charged with knowingly causing a false report to be made to the Springfield Police Department on August 8, 2019 that an active shooter situation was about to occur at the Walmart Neighborhood Market on West Republic Road in Springfield, Missouri. Under the terms of the plea agreement, the defendant received a 180 day suspended jail sentence, two years of probation, with special conditions requiring him to serve 48 hours shock incarceration in the county jail, receive firearms training, and participate in a victim-offender dialog, a restorative justice measure, and any community service established through the restorative justice proceeding.
According to the Green County prosecutor, several witnesses noted similarities between Dmitriy and the murderer in El Paso. One witness said she had frequently seen people openly carrying firearms, but this case seemed much different. She had her boyfriend call 911.
A customer in the parking lot of the Walmart observed the defendant putting on his body armor and then sling the rifle across his front while recording. Based upon his actions and recent events, she feared for the people inside the Walmart and had her boyfriend call 911. She has never been bothered by people carrying guns in Walmart before but this was different.The manager of the store is familiar with individuals carrying openly in his store,but also stated this was different.
The investigation revealed Dmitriy was acting to protect Second Amendment rights, but exercised poor judgment in his choice of methods. Several family members had advised him not to use this method so close to the El Paso mass murder.
In the press release, the Green County prosecutor notes that open carry is a right in Missouri; that it is accepted and protected by the community.
Prosecutor Dan Patterson noted that in our community it is not unusual to observe fellow citizens openly carrying firearms in a responsible manner as is their right. This case is a reminder that any time we choose to exercise a right we also have the responsibility to act in a manner that does not threaten the rights of our other fellow citizens.
The plea bargain accomplishes several things that benefit both parties. For Dmitriy, it means he has no substantial financial penalties; he does not lose any Constitutional rights; there was no mention of forfeiting his firearms or body armor, so he should get them back. He may need them for the firearms training he is required to undergo as part of the plea deal. The “48 hours shock incarceration” requirement has likely been met by his initial confinement. He will be on probation for two years; but he has never been in trouble with the law before. It will probably not be a problem.
For the prosecution, it counts as a win. As a guilty plea, it precludes potential lawsuits against the County for deprivation of rights under color of law, and frees the Walmart manager from a potential lawsuit or prosecution for making a terrorist threat by pulling the fire alarm. Both sides get something they want; it is the nature of plea deals.
Most of us have had lapses of critical judgment in our youth. It is how people learn, mature, and take responsibility.
I doubt we have heard the last of Dmitriy Andreychenko. He has the making of a strong Second Amendment activist. He has been put through the fire. He has survived. Experiences such as this, when they do not destroy you, temper and strengthen resolve. He can spend the next two years concentrating on taking care of his new child and family.
The people of Oklahoma are likely to see the wisdom in this plea deal.
With freedom comes responsibility.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
What a BS law. How the hell is anyone responsible for another individuals actions?
Or another individual’s fears? Where is that protected in the Constitution?
I think he should have countered with a color of law suit.
@Q, He could have been a gazillionaire, and set a nice precedent in the Second Amendment Civil Rights struggle. This is why one should never use appointed counsel.
Youth is wasted on the young.
It would be nice if it were true. Unfortunately, no one, that I am aware of, has won a title 18 civil rights lawsuit based on the Second Amendment, yet. It is very dangerous to attempt to be the first to set precedent. I think it will happen, eventually. Given the context, I think Dmitriy took an acceptable plea deal. He is only 21.
@Mr. Weingarten, It can be neither true, nor false because my prediction was of a future event. I will give you this, however, cases chosen to make precedent need near perfect facts. We do not, directly, know the facts in this case. Perhaps you suspect there are some unreported defects in this case?
Oh, and I enjoy reading your articles.
Like the fact that security footage from inside Wal-mart hasn’t been released to the public??
“I think Dmitriy took an acceptable plea deal. He is only 21.” I used to think like this Dean, but have come to change my position based on history. Here’s why. Back in the 70’s, 80’s, and 90’s many states were passing strengthened “simple assault” laws, and so called “domestic violence” laws. Some states, such as mine, passed “someone’s going to jail” laws to compliment them. Unfortunately, depending on the prosecutors and judges, defendants found it expedient to plead out. Keep in mind some of those cases were only shouting and spitting matches. Enter 1996. The Lautenberg Amendment retroactively made… Read more »
Well thought out and intelligent article from a perspective I hadn’t considered. I am a strong detractor of Red Flag ERPO laws, but your argument gives me even more reason to be. Thanks for your insight.
@DW – Thank you for so many informative (and entertaining) articles. I agree that he is currently getting off light. Without all the facts, I cannot say whether it is an acceptable plea deal – however as I explained in different post above – there are misdemeanor convictions which result in being a ‘prohibited person’. While this crime may not be on ‘the list’, it is sure to be added in the future. At that point Dmitriy N. Andreychenko will lose all his firearm rights for the rest of his life. I know this occurred to people (mostly men) who… Read more »
To those thumbing me down – Why? Do you disagree with what I say, disagree with how I say it, or are you saying that you dislike the reality which I am pointing out?
Absolutely! It could have gone all the way to SCOTUS! Not to mention the millions of dollars he would have collected from Wal-mart!
Excellent response. You sound like an attorney. And I mean that as a compliment to your intellect.
You only have the rights that you can afford to pay an attorney to defend.
The young man should have not conceded defeat. The cops were wrong, Wall Mart was wrong. This case could have made it to scotus. All that being said, he could have used better judgment so soon after what happened in El Paso or OH. While he had every right to do what he did, Wall Mart and the police were wrong to do what they did, I am sure I would have followed him around not in an effort to suppress his rights but to be sure he was not up to something. No harm, no foul. There is a… Read more »
You ate a meal at a restaurant with body armor and a slung rifle?
I am curious, what case could have gone to SCOTUS here?
Come on DB, you should share what seems like an interesting encounter. Enquiring minds would like to know.
@DB, Close and continued Walmart and police observation would have been prudent and not violative of our civil Rights. Can’t stop people or police from watching.
When you write Glendale, do you mean Glendale, CA?
@USA
Most Country Sheriffs do, the city LE though, you are spot on in your assessment with a few exceptions to the rule.
This young man got some bum advice. NO CRIME WAS COMMITTED, he was merely INDUCED to claim having committed a crime! THAT IS A PLEA UNDER DURESS, a common and unconstitutional tactic used EVERY DAY by our out of control government!! While the plea taken was for misdemeanors and this fellow will hopefully come out relatively unscathed, the fact of the matter is no citizen should be accosted for wearing body armor & having a PDW in open-carry mode. It stinks, but with the stick on the other hand being prosecuted falsely for various felonies he did NOT commit, he… Read more »
While a stupid thing to do so soon after the Mass shooting,by the young “Disturbed” man,which was found to not be capable of EVEN being tried he is so mentally fried.
This young man IMO is correct,he did nothing illegal under Texas law, and the Mgr should have told him to leave the store.(he broke no law)
He did not brandish any weapon,here’s a case of liberal pansie pusses,accusing an innocent man of a made up crime.
Would it be too much to ask that people get the facts straight before posting. You, Doszap, have this happening in Texas. Mr. Weingarten has it happening in Oklahoma. It happened in Missouri. Stop being dumbasses.
Thanks for catching that! Had Oklahoma on my mind with Constitutional Carry. Got it right in the headline…
Last sentence, theoretically, the people of Oklahoma can see the wisdom of the plea bargain, but the people of Missouri are the ones more directly affected…
Good catch.
I agree with your corrections. But the language is unnecessarily harsh and unwarranted.
When the flock is not paying attention sometimes you need to wake them up in a “rude” fashion. YMMV.
Agree with you 99%. The other 1% is because you said, “Texas law” and it took place in Missouri, where what he did is also protected by law.
He saved me a ton of money. I haven’t shopped at Walmart since they enacted their new policies.
So he showed bad decision making and over dressed for his display when simply carrying the handgun would have been sufficient….
Now as to the charges, this was no act of “terrorism” especially when they do not classify actual acts of terrorism (ANTIFA, Fort Hood to name a few) as such.
Now add one overly aggressive prosecutor who wants to make a name for themselves and you have this. One good lawyer would eat them alive and this would be downgraded to a misnomer…
Absolutely agree with you. When we have Antifa thugs beating people they disagree with and vandalizing private property for the most part getting off scott free, how dare they even think of classifying this as “terrorism”?
Second amendment activist?? How about just plain stupid. 1. I support the second amendment 100% and believe we should have constitutional carry nation wide OR at least make CCW permit/license the same as a drivers license, valid nation wide. 2. I do not support those making a scene with their long guns. Shopping, dining out, going to fast food restaurants are not places one would normally carry long guns. IF it’s not a weapon you would carry during your normal, daily routine then all you’re doing is causing problems for yourself and the gun community. 3. The young man here,… Read more »
I am glad you would at least let Lucas McCain carry his gun.
…or Daniel Boone, or Davy Crockett, or the Pilgrims, etc. People have indeed become more “sissifyed” and tremulous and wiltingly subservient to the dictates of our PC culture and its more sensitive members.
People’s ‘feelings’ are inconsequential to and do NOT trump my Rights. Grow a pair or stay hidden in your mommy’s basement!
Couldn’t have said it better!
What you’re saying is really just another vote for infringement. It absolutely IS my right to carry any weapon of my choice, openly or concealed. Just because our sissified, scared-of-everything culture becomes frightened at the sight of my AR15 doesn’t demand that I sacrifice my 2nd Amendment right to calm their nerves.
And “No”, I do not carry my AR15 as my EDC. I carry a concealed 9mm S&W. But it is still my right to carry a long gun if I so desire!
*
In other words, you’re saying “I support the 2nd Amendment, BUT…” The young man was exercising free speech by way of the 2A. His statement was; “There’s nothing wrong with body armor and carrying an effective deterrent to violent criminals”. Your statement here essentially declares his free speech illegitimate and marginalizes open carry at a time when we should ALL be wearing body armor and/or carrying our weapon of choice as we see fit. What you call stupid, others call BRAVE. And you sir are playing the coward! Americans are SUPPOSED to be reasonably free to carry ANY weapon they… Read more »
@WF – hate resurrecting a zombie thread – but… The young man would not have been “SOMEONE ON-SCENE WHO WOULD BE ABLE TO STOP THE CRIMINAL WITH MAXIMUM EFFECTIVENESS.” His rifle was unloaded and I do not see any additional mags on his rig, thus his rifle would not play a role. Rather than body armor, it appears he was wearing an equipment vest. Thus he would simply have had his sidearm, which was loaded. His apparel would most likely have made him target #1 as well. Effectiveness would have depended upon his training and attitude – I am familiar… Read more »
From what I saw & read he had an actual plate carrier, and just because you don’t see a loaded shingle on the front doesn’t mean he didnt have a mag. If he had a mag inserted in the rifle I can guarantee you he could’ve been mistaken for an imminent active shooter and likely engaged… But I agree wearing a full plate carrier in the open make you a target. There are concealment plate carriers for III+ steel plates. That’s how I roll, concealed. Thanks for the reply
Butters and Fudds are cancer.
“The people of Oklahoma (should say “Missouri”) are likely to see the wisdom in this plea deal”? Considering that the young man could have likely taken his case all the way to the SCOTUS (and we need more people willing to do so!), probably winning and considering the millions he could have been awarded in a lawsuit against Wal-mart, Missouri got off very, very lucky!! “This case is a reminder that any time we choose to exercise a right we also have the responsibility to act in a manner that does not threaten the rights of our other fellow citizens.”… Read more »
It said Oklahoma because Okies just got Constitutional Carry . That said, there is no crime on the books for acting stupid. Dressing up with load carrying vest will fool most people into thinking body armor.
Openly carrying a handgun is as much of a test as carrying an AR or even a shotgun. He can’t buy a gun until the probation is finished if I have read the law accurately.
Missouri just passed a law making the entire state sovereign, any Feds come there to arrest any Missourian for breaking any Federal Law, the Feds will be arrested.
Bottom line ALL Federal Laws are NULL AND VOID in Mizzou.
While I hope what you say is true, I’d love to see the actual statute you’re referring to.
Poor judgement is an understatement. This guy, while stroking his ego in the name of ‘testing’ his rights, threatened ALL of our rights with his stupidity.
Sorry Mr. Weingarten, but this %^&&&%$% has NO right to be armed ..! at a time when Demoncratic Socialistic jerkoffs want to stifle OUR FREEE SPEECH & openly take away our rights to our firearms – this jerk should have had the book thrown at him, I’m sick & tired of the liberal left allowing terrorists and Illegals to cross our borders, cozy up to Anti-fa criminals who Bully us TRUE AMERICANS, and when WE ‘RESPONSIBLE’ firearms owners, with our Black Rifles get demonized over & over again – we have THIS shining example for them to gin up one… Read more »
This tactical turd showed he has limited critical thinking or common sense.
He did not care about anything but himself and his egotistical display.
His stupidity led to multiple businesses saying no more to open carry.
Make all the excuses for him if you want but his stupidity set things back for all gun owners.
I would guess that he’ll lose his 2nd amendment rights while on probation.
Seems the prosecutor just made open carrying a long gun a crime.
HE BROKE NO LAWS.IMO he is dumb, but he broke no Texas Law,or Walmarts.
@wjd – He hasn’t lost any rights YET. Don’t forget they continue to push to add to list of ‘crimes’ that result in permanent loss of gun rights. There have been numerous examples of men who have lost gun rights due to having plead guilty to misdemeanor crimes – which were later added to list of prohibiting convictions. I find it hard to believe that making terroristic threats (of any degree, including 3rd) is not on list of prohibiting offenses in any state. I certainly expect it to be added, at which point he will lose all his firearms rights.… Read more »
I agree that this young man did nothing illegal (I’ve commented elsewhere in this thread).
But I’d like to understand your statement about crisis of oath breakers. Are you thinking of the group, Oath Breakers, who provide security at Trump rallies? Or are you referring to police who are oath breakers by not supporting the 2nd Amendment?
@USA, “…uphold the Constitution, and defend it against all enemies, foreign and domestic…” The obey part is “… and obey the lawful orders of the officers appointed over you…”.
@USA, I did not mean to drive any nail, merely adding to your body of knowledge. Notice there was no down click?
Here is something that happened locally: https://www.koco.com/article/yukon-restaurant-owner-changes-gun-policy-after-seeing-pic-of-man-with-rifle-at-twin-peaks/29689945
Another rendition of this story: https://www.news9.com/story/41270825/concerns-over-permitless-carry-growing-after-viral-video-pictures-of-man-carrying-ar15-in-okc-surface
Will, when I see someone make a major error like that it makes me examine their work a little bit more closely after that. He is on probation for a while in my book.
What’s the matter fellas, the truth hurt?
@Roy, No, because it is not the truth. It is a conclusion. Why do you think keeping and bearing your firearm is a major error?
The error I am pointing out belongs to Mr. Weingarten when he said this occurred in Oklahoma instead of Missouri. It seems that poor reading comprehension and tunnel vision has led some to fail to understand what I was writing about.
RoyD, I have to agree with you. Every time someone pulls an inane stunt like this, it hurts the rest of us, the fact is, for every one person who does this. ten non-gun-owning people who did support our 2A, now will not. Common Sense must prevail, or the politicians will take our rights, whether we like it or not.
@MgM, No politician can take your Rights. Our Rights, as inshrined in the Bill of Rights, do not come from politicians, any of the various governments, or even the Constitution. Our Civil Rights are pre political. Our Rights predate the Constitution.
What you call common sense, I call ignorance.
Wild Bill, no disrespect, but I guess you have not been keeping up with the ‘lawmakers’ in every state; they walk out onto the floor of their respective legislatures and stomp around and yell and demand gun control, just about everyday, you might try watching it sometime.
YES, Politicians ARE trying to take your rights away, and your guns, and in some places they have done just that, Kalifornia for example.
@MgM, Equally with no disrespect, those politicians that pass Unconstitutional statutes, and government that use armed men to enforce those statutes can deny you your pre political civil Rights, but can not take those Rights away.
We need to work harder to eliminate those politicians root and branch.
What he calls “common sense”, I call cowardice.
IMO,no one unless they KNOW that states laws should make a judgement.
We have gotten to the point where IGNORANT residents of other states judge each state by their OWN states laws.They can be different as day and night, as we all know.
Unless you’re an expert in all 50 states laws,mind your own business.
@Doszap – I’m not even an expert in the laws of my own state. That is no reason why I should not judge the justness of any conviction. In my opinion, the prosecutor in this case is seeking self aggrandizement at the expense of truth, justice and the American way. That makes him an ass — and the kid should simply have had his stupidity pointed out. I can understand why some of the people in the store were frightened, and even called the police. However that does not mean the stupid kid “knowingly caused false reports”. Seems to me… Read more »
I judge comments and the states’ laws by two guides … the U.S. Constitution and the 2nd Amendment.
The Tories (colonials who sided with the British) said much the same thing. “By this rebellion, you’re making life difficult for the rest of us.” Their “go along to get along” attitude was wrong then and it’s wrong now.
Fortunately, the true Patriots chose to ignore them and stood for what was right and we are grateful to them.
Patriots today are being increasingly called upon to do the same and one day, a new rebellion may be in order because no “politician will take my rights” … ever.
What you call “common sense”, I call cowardice.