Disturbing the peace charges dropped against Gaver brothers
CAMP VERDE -- "Every member of the Gaver family present at the Walmart on March 21, 2015, believes ... Peter Gaver's adoptive father, is a Nazi Satanist in control of the police. They believe ... those in his control routinely take them to The Pit. Once in The Pit, they are subjected to rapes, cannibalism and infant sacrifices as part of a pattern of long-term Satanic Ritual Abuse. The Satanists are able to use hypnosis and mind control to make the Gavers forget what they have done to them. Because the Gaver family is in such constant danger of satanic abuse, they stick together because that is how they feel the safest."
So reads the "Statement of Facts" in motions by all three attorneys for the adult Gaver brothers to drop "disturbing the peace" charges of three people.
The victims include a couple that had been eating at Carl's Jr. that night and of a Walmart employee who followed Peter Gaver from the store back to the parking lot where the fight with police began.
The arguments by attorneys was that the brothers were protecting their younger sibling from being arrested for shoving a Walmart employee at the women's bathroom.
The 15-year-old boy thought the female employee was a man intent on "raping his mother and sister."
Attorneys argued the same logic applies to the parking lot brawl. When officers attempted to divide the family to interview them, Nathaniel Gaver announced his intent to protect the family from Satanists, "You are not going to separate my family."
The three defense attorneys, in identical motions, also contend the Gavers firmly believed these "Satanists" were going to murder one of them, and that is why they "desperately grabbed at the (officer's) gun to prevent from being shot."
The attorneys reasoned in the motions that none of the three civilians were part of those conflicts and there is insufficient evidence to show that their peace was disturbed as a matter of law.
The prosecution agreed with the motion and Judge Joseph Butner on Oct. 6 ordered the three counts to be dropped against each brother, Nathaniel, David and Jeremiah.
Jeremiah and David Gaver still face charges of four counts of aggravated assault, two of resisting arrest, two of hindering prosecution, and one count of riot and misdemeanor assault.
David Gaver still faces the same charges, but is also charged with 12 additional counts of felony assault and one remaining disorderly conduct charge.
Tuesday morning, David and Jeremiah Gaver had hearings in court to address their individual psychological evaluations.
Attorney Robert Gundacher told the court that the report has not yet been received for David, 20, and asked for a continuance.
His next hearing will be Nov. 10.
Jeremiah Gaver, 29, has been scrutinized by two doctors. One, a medical doctor, believes that Jeremiah's troubles could be eased with medication.
But, Dr. Virginia Conner, hired outside the formal Rule 11 process, said she is "doubtful that Jeremiah could be restored" to mental health. Jeremiah himself protested to the judge that taking medication violates his religion and Judge Butner said he would not order any drugs at this time.
Both the prosecution and defense believe the Rule 11 (competency) should be continued and Judge Joseph Butner ordered the case into District 5 Cele Hancock's Court, which manages competency issues.