Bailey Stalking Order Upheld
Editor’s Note: Scanned documents and audio files of the court hearings are at the bottom of the article
In the background of the racial equality protests and white supremacy counter protests taking place in Downtown Portland and throughout the rest of the country and world are other stories that normally would seem mundane and unrelated. On first blush, this would be one such case: two business owners feuding between each other, where one ends up going to court to help protect themselves. But as the story unfolds, pieces start to come together in surprising ways.
Sometime after the protests of August 15th and 22nd, where Patriot Prayer member Alan Swinney, Dixie Bailey and others held flag waves at the Justice Center and faced off against Black Lives Matter counter-protesters, events that police later admitted would have been considered a riot if they had had the manpower/willpower to intervene, Koya Kitchen owner Jo Milone discovered photos and posts made by Mt. Hood Cigar co-owner Dixie Bailey of her at the protest. According to court statements made by Ms. Milone, she used a local community chat group to express concern about a local resident, one with a history of shooting firearms on their own property and connections with organizations that have nationally been recognized as bastions of white supremacy and other right extremist rhetoric.
On August 23rd, Ms. Milone claimed in court that Ms. Bailey showed up at her home and pointed a gun at her, and later in the night driving by again with taunting behavior. Ms. Bailey admitted that she was there that day the first time, but denied pointing a gun or that it was a planned encounter, and that the second encounter never happened.
Almost a week later, Ms. Milone filed for and received a temporary stalking order preventing contact, with a follow up court hearing mid October. In the time since that, Alan Swinney, in an case that was only related to this because he and Ms. Bailey were at the same events as Ms. Milone shared concerns online about was charged with a slew of misdemeanors and felony charges. The indictment was handed down on September 11th and his arraignment was October 1st. At the time of writing, Mr. Swinney is still held in the Inverness facility awaiting bail.
A series of court hearings took place on October 21st, 22nd and 26th, where the cases were laid out, and last Thursday, Judge Silver finalized an order where he found the evidence supported Ms. Milone’s version of events over Ms. Bailey’s. The result of which is a permanent stalking order against Ms. Bailey which includes a prohibition on firearms.
When the news originally broke from community member Hoodland Hate Watch on Twitter, Ms. Bailey quickly took to Parler to claim that the order was falsified in an attempt to make Mr. Swinney homeless and her gunless. Without citing evidence of this belief, the best I’ve been able to make is that she may have confused Hoodland with Ms. Milone (something that I know is not true), and has also misjudged the timeline that the stalking order was originally signed weeks before Mr. Swinney was even charged with a crime.
Far from dissuading the threat to Ms. Milone, it appears such claims are emboldening her followers, with claims from others saying she needs to be sued for falsification of a police report (that to my knowledge was never entered into evidence), and another stating ‘maybe she needs something to really worry about’
As someone who is still new to the world of stalking orders, especially when the final order confirms that Ms. Bailey is no longer allowed to own guns or ammunition, what comes next is something of a mystery to me. I will be trying to work on sorting that out over the coming days, but in the meantime, here’s a huge dump of information for people who are interested.
Digital PDF Documents
Unfortunately, these are not transcribed for accessibility readers at this time. The first document is the original temporary stalking order from August, the second letter is from the judge last Thursday, and the third document is the final order in the stalking matter.
Audio Recordings of Court Proceedings
This court case has a -lot- of audio associated with it. Four records over three days, and about 9 hours worth of audio. As with other times, I have provided the original FTR format, as well as a more universal MP3 version
The company makes available a downloadable player, available here, as well as a web player available here. The uncertified, official records are available here:
Oct 21, 2020 AM Session
For The Record
Name: 20201021A FTR.zip
Size: 101129523 bytes (96 MiB)
Size: 170885904 bytes (162 MiB)
Oct 21, 2020 PM Session
For The Record
Name: 20201021B FTR.zip
Size: 107738659 bytes (102 MiB)
Size: 182071344 bytes (173 MiB)
Oct 22, 2020 Closing Arguments
For The Record
Name: 20201022 FTR.zip
Size: 26998992 bytes (25 MiB)
Size: 46669584 bytes (44 MiB)
October 26, 2020 Follow-up
For The Record
Name: 20201026 FTR.zip
Size: 24910605 bytes (23 MiB)
Size: 42752784 bytes (40 MiB)