Minister Wrongly Charged With Disorderly
Up-Date Below: Pastor Dave Was Vindicated In
The Obstruction Trial For The Disorderly Charge
Note: All help given to Pastor Dave, was per his personal request
was facing charges of disorderly conduct and resisting arrest. Before
my work they had offered to drop the resisting, only; after
they dropped the disorderly conduct and changed the resisting arrest to
obstructing an officer.
Jesus says that what we do for one
of His, we do for Him.
Yes, we can help each other in this life and
Debra J.M. Smith - 2009
Pastor Dave Fogderud,
66, never actually went beyond the point of addressing the two
teen-age boys that were skateboarding at a Janesville, Wisconsin
Burger King restaurant on August 2, 2007. Pastor Dave is well known
for his 35 years of service in his community work with homeless people,
at-risk youth, people in addiction and anyone else who is in
need. According to one of the more recent articles in a local paper
about his ministry, Pastor Dave is known as the "Minister Of the Streets,"
still trying to reach the "down trodden." Another current newspaper
article featured his church for keeping its doors open around the
clock, twenty-four hours a day during the frigid cold weather so that
anyone in need of warmth and hot soup can go in at any
time. His ministry, The Overflowing Cup Total Life Center,
was scheduled to soon host its annual Rock On The Rock
music festival the first weekend in August. --For Information on this
In-Tune From Near Chicago Illinois
Dave's Ministry Hosts Rock On The Rock
Christian Music Festivals
With Well Know Music
It was the Thursday before the
music event and Pastor Dave was giving Nathaniel Partee, 47, a ride
to a scheduled appointment at a detox center, a place that would help
Nathaniel stay off of his addiction. A short distance on route, he
stopped at a Burger King to get something to eat for the both of them. He
went through the drive-through. While waiting
for their fish sandwiches in a parking space close to the building, Pastor
Dave saw two teen boys skating in the parking lot. Thinking about the
event that was just a little over a day away, Pastor
Dave called out the window, "Hey kids, come here." He wanted to tell them about
Jesus and invite them to the event.
The boys, one
thirteen-and-a-half, the other turning fourteen that month, did not
go over to the truck. They instead called the police.
police report shows that officers were dispatched on a call for
a white man and black man trying to coerce two juvenile males into a
truck. The Gazette, a local paper, reported one of the teens as
having said, "I was not going to go up to the truck. We were thinking, I
don't know, like they were going to try to get some information from us,
try and get us into the car, and that's why we kept walking." The police
report states that the boys said the driver of the truck yelled
out the window, "Hey kids, come over here, I want to talk to you." The
Wisconsin Christian News reported that the police said the boys reported
that the men were trying to abduct them, but later changed their story.
The police report states that the boys claimed Pastor Dave
addressed them twice; Pastor Dave says he only addressed them once, which
doesn't matter either way. It is no more illegal to have addressed the
boys twice, than once.
If The Truck Doesn't Fit...
Pastor Dave who was a Beloit,
Wisconsin Police Chaplain for twelve years is pictured
here with Nathaniel Partee, standing next to the small Toyota
pickup less than an hour before the
The truck that the
two men were in is a small Toyota. The cab fits only two people in
it, hence it could not have been possible to abduct two teen boys in the
vehicle. The first officer on the scene who was also
the arresting officer (officer Blaser) states in the
police report that upon entering the parking lot he saw the white
truck pulling out. Officer Blaser also states in the report that the
two men were sitting in a "small cab of a pickup next to each other."
According to officer Blaser's report, his contact with
the boys prior to his contact with Pastor Dave consisted of the boys
pointing at the white pick-up truck, officer Blaser pointing at the
white pick-up truck, officer Blaser asking the boys if that was
it, and the boys saying "yes." –Hey, you just cannot make this stuff up.
It's on page one of officer Blaser's report.
After the two
men had finished eating their sandwiches, they had headed out of
the parking lot and down the road. Within three blocks the men were
pulled over. According to the police report, Pastor Dave was
questioned, arrested, patted down, arrested for
resisting the first arrest, put into a "compliance hold" by
two officers and then into hand-cuffs all within
approximately four minutes of having been pulled over. The third
officer on the scene states in the police report that he got there
approximately four minutes after the arresting officer got there and saw
officers Blaser and Johnson (the second officer on the scene) putting
Pastor Dave into handcuffs. Officer Blaser's report confirms the two
arrests, the patting down, the compliance hold, and the handcuffing.
Pastor Dave said that he was arrested for disorderly conduct and for
While speaking with Pastor Dave, he told me that he
was not told until that next Monday why he was arrested for
disorderly conduct. He was told that it was because he talked to
the boys. He also said to me that he was not resisting, but that he
was just asking why it was happening and that he was in shock by it all.
In so many words, he said that he was treated badly. He also said
that he almost fell over when he was leaning up against the
truck, with his legs spread, being patted down, and the officer
grabbed his hands to put him in handcuffs. He lost his footing.
And he was very uncomfortable with the search that went in a place
that is private. –The officer
stated in the report that Pastor Dave jumped at that point.
To Tell The Truth...
has since claimed that he had not arrested Pastor Dave for disorderly
conduct until after the teens had been questioned by the third
officer on the scene, officer Katzenmeyer, the officer who showed up on
the scene when Pastor Dave was being placed in handcuffs.
Officer Johnson's report suggests such, as well. I suppose officer
Blaser would be in big trouble if he had placed a man under
arrest for disorderly conduct on the grounds of a pointing game and
or the dispatcher's hearsay.
However, according to
officer Blaser's own words in the police report, he
placed Pastor Dave under arrest for something before he placed him
under arrest for resisting. On page four of his report, in
giving the "probable cause" for "resisting an officer," officer Blaser
states, "As I told him he was under arrest, he
continually tried to pull his hands in front of him, thus
resisting arrest. He knew he was being
placed under arrest and knowingly
Officer Johnson's statement even goes
one step further by showing officer Blaser as having not arrested
Pastor Dave for resisting until after officer Katzenmeyer had spoken with
the teens, which took place well after Pastor Dave was put into handcuffs.
Officer Blaser's report is very clear that he arrested Pastor Dave for
resisting before Pastor Dave was put into handcuffs. Officer Johnson may
want to rethink his statement.
Later the second arrest,
"resisting" was changed by the district attorney to
"obstruction." Perhaps calling it obstruction is a way to seek to
define the word "resisting" as meaning "resisting an officer from doing
his duty" instead of what it clearly meant, "resisting an arrest," an
arrest that came before talking to the accusers. I believe such would be
called a "false arrest" in civil court.
What Was The
The police report speaks of two men having been
suspects, a white man and a black man. Yet when pulled over, it appears
that only the white man was treated as a suspect. Other than the
color of their skin, the only immediate difference that could have
been seen would have been that the white man had a shirt on that
said, "Jesus is Eternal."
Officer Blaser makes out in his
report that he was very courteous and patient with Pastor Dave,
only doing that, which he absolutely had to do, stating things like he had
"advised" Pastor Dave that he "would like" to pat him down for weapons,
and that at one point he was advising Pastor Dave that he was being as
"polite" as he could be. He does this while he makes out that
Pastor Dave was so uncooperative that it deemed all he did to Pastor Dave.
Interestingly enough, after he finished with Pastor Dave, he simply
questioned Mr. Partee and told him that he was not under
arrest. Perhaps the officer was pooped out by that time, or perhaps he had
no need to go after Mr. Partee.
Officer Blaser's report claims that
Pastor Dave was not "comfortable" answering his questions and that Pastor
Dave was "evasive." Pastor Dave states that he did answer officer Blaser's
questions. He said that he told officer Blaser that he had talked to two
teens, that he just wanted to tell them about Jesus and to invite them to
a concert that they were having. Pastor Dave said that he told this
to officer Blaser right away when he had been asked if he had talked to
anyone at Burger King.
Pastor Dave's answers were supported
by Nathaniel Partee's answers when he was questioned. And
his answers were also supported by the fact that
the weekend music event really did take place. Nathaniel
also told officer Blaser that Pastor Dave was giving him a ride to the
detox center, which also proved to be true. It was actually the third
officer on the scene, officer Katezenmeyer that drove Mr.
Partee the rest of the way to the detox center.
had two extra IDs by which to identifiy Pastor Dave with, two besides
his driver's license. They had his fishing license and
his pastor membership card. However, officer Blaser's
statement about the pocketknife that was found during
a search of Pastor Dave's person was that it "could" be "considered"
a "weapon." I suppose the obvious, that he had a preacher who liked to go
fishing and used a pocket knife for when he caught something would have
just not been as exciting as finding what "could" have been "considered" a
Officer Blaser even went as far in the report as to make
out that he felt that Pastor Dave was going to make a run for it. Yes,
officer Blaser stated, "He was looking around as if he was looking for
some place to go. The vehicle was still in gear and the ignition was still
The truck was a standard, a four on the floor, with no
markings on the stick shift that was in-between the two men. So,
how on earth would the officer have known if it was in gear? Interestingly
enough, the second officer on the scene, officer Johnson had the same
vision; he also said that the vehicle was in gear. Oh, but this gets
better. Six sentences later in the same paragraph, in the same report, the
same arresting officer states, "I was concerned that he may put the
vehicle in gear, as I had already asked him to step out of the vehicle to
talk to him."
One really does have to ask one's self why officer
Blaser's report reads like a defense of officer Blaser. And one really
should ask why when the dispatch went out as two men trying to coerce two
teen males into a truck and the police report listed two men as
suspects, why was just one man treated as such. Nathaniel Partee was
never patted down. The second officer was helping the first officer with
Pastor Dave while Nathaniel Partee was unattended. Why does it
appear the two officers were not concerned about the
passenger of the truck while they were both handling the driver?
© Copyright 2009 Debra J.M. Smith
David Fogderud was wrongly arrested and charged with "Disorderly
Conduct" for having addressed to teenagers in a parking lot, as part of
his ministry. Then he was wrongly arrested and charged with "Resisting"
the first arrest. Later the district attorney changed the second charge
from "Resisting" to "Obstruction." This is the short version.
one point in the case, the district attorney offered to drop the
obstruction charge if Pastor Dave would have pleaded guilty to the
disorderly conduct charge. That did not fly, as Pastor Dave was not about
to plead guilty to such a horrendous charge.
So, what did the
district attorney do? Well, within a week of the trial
she flipped it around. She dropped the disorderly conduct charge and
went with the obstruction charge. I guess they get to pick and choose
these things like candy in a candy store. And we wonder why so many
people do not agree with the judicial system in this country.
district attorney obviously realized that in the United States of America,
speaking to two teen boys did not constitute disorderly conduct. She
admitted, in so many words, on April 27, 2009 during Pastor
Dave's trial in her opening statement that he had not done
anything wrong towards the teens.
The obstruction trial, that
in essence, turned out to be Pastor Dave on trial for
his own arrest, came down to his word against three cops. Who do you
think won? Keeping in mind the theatrics that can go on in such
a trial, I don't think it is hard to figure out the answer to that
But the good news is, Pastor Dave was vindicated of doing
anything wrong towards the two teenagers. Clearly the district
attorney new she could not get the jury to believe that
A Message From Pastor Dave
trial started Monday of this week and ended yesterday with the Jury
giving their verdict at 4:00 p.m. The good news is that the
"Disorderly Conduct" charge was dropped on last Friday
4/24/09. That was very important to me because that is the
charge that dealt with speaking to the teenagers. The
bad news is that the Jury found me "guilty" of obstructing an
officer. The DA told the jury that I had been uncooperative
with the police at the scene and that I had refused to give my
name. The truth is that the police officers testified
that they had neglected to ask for my Drivers License or to ask me
who I was. The DA further instructed the jurors that they
should give no credit to the testimony of my character witnesses -
that even Hitler and Osama bin Laden could find someone to say
something good about them. Among my Character witnesses
were Rev. Don Lyon, Founding Pastor of FAITH Center in Rockford,
Illinois and the Illinois Representative for the National
Association of Evangelicals among many other credentials.
Also, I had Danny Evans who is a Pastor and a Juvenile Probation
Officer in Rock County and Heather Devlin, a 19-year-old
girl who got saved through our ministry and first met me at the age
of 14 when I gave her a flyer and invited her to a Christian
concert. Stories appear in today's Beloit Daily
News, The Janesville Gazette and the Wisconsin State
Journal. Probably the best report is done
by the reporter from up-state New York named Debra JM
Smith. The links to the articles
I invite your continued prayer support. I have asked
the Lord to help me portray a Christ-like attitude and show the Love
of Jesus regarding those who have falsely accused me. I intend
to look into the possibility of an Appeal but know that it cost more
money and I still owe my attorney $1000. I would like
to see justice done even though, by the Grace of God, I can
handle opposition when my intentions were pure. Forgive me if
I feel somewhat persecuted. I invite you to read with me from
I Peter 4:12-16 and I will continue to tell people about Jesus and
about how much He loves them. I will continue to have as my
favorite verse Romans 1:16 which says that "I am NOT ashamed of
the Gospel of Christ, for it is the power of God to salvation for
everyone who believes, for the Jew first and also for the
Greek." May God Bless You all!
Donations for Pastor Dave's legal assistance can be given
The Overflowing Cup Total Life
Any money left over will go towards this year's
Rock On The Rock music festival.
following info was provided by, The Overflowing Cup Total Life
The Overflowing Cup started as a
Coffeehouse on April 19, 1974, next to Domenico's Pizza at 534 East
Grand Avenue in downtown Beloit. Since 1974 more than 1000 different
groups have performed at The Overflowing Cup. This includes local
artists such as Jeff Coan, Tom Mathy, John Reints, The Richmond
Brothers and a young Christian Rock Group called PROPHET. In
addition to local artists, many nationally known artists played at
The Overflowing Cup including Resurrection Band, REZ Band, Glenn
Kaiser Blues Band, John Michael Talbot, GLAD, Servant, Soul Purpose,
Randy Matthews (sometimes called the Grandfather of Christian Rock
'n Roll), Terry Talbot and MASON PROFIT, Bob Bennett, Saved By
Grace, Randy Stonehill and many more.
There was no
generation gap at the height of it's popularity. The Coffee House
was a popular hangout for young and old alike to gather in the '70s
and '80s. People came from far and near to enjoy a night of
wholesome activities including concerts, movies and "open" nights
when amateurs and local talented artists would share the stage. Many
have dedicated their lives to Christ and some have gone into
full-time Christian service around the world. Others, who were
teen-agers in the '70s have come back to serve on the staff of the