Ban Dispute (KeiwaM, Dave(?))

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Punishment Type: Ban
Appeal Type: Dispute[Evidence]
Which staff member issued the punishment?: KeiwaM, Dave(?)
How long were you banned/blacklisted for?: 1 Week

Your Steam Name: fartmachine
Your Roleplay Name: Matthias Baader
Your SteamID: STEAM_0:0:44054130

Why were you banned/blacklisted?: 3.4 - User broke gunpoint which led to the death of the person gunpointing him initially. // Extended for 1.1 - User started messaging me on steam and being disrespectful

Why should this appeal be considered?: I was not going to appeal this ban at first I must say, but decided to post this dispute in order to highlight some behaviours that can and will negatively affect other players.

Situation itself is convoluted and could be formulated into 4 main parts itself, as follows:
1) Begining - Suburbs combat and it's consequences
2) Arrest - Roleplaying falling short
3) Administrative interactions - crime and punishment
4) Aftermatch - pride and prejudice

1) Begining: It was a stromy night...
Driving around with my mate we were cruisin' for a bruisin' when we spotted two individuals hanging about in vincinity of suburbs. We pulled into their driveway, asking for directions and talking with them for a moment. One of them clearly had an idea to mug us, because he started taking out from his car's trunk a gun (directly in our sight). This is important for further IN CHARACTER REASONS. (Btw this is a breach of rule 3.25 Drug Harvesting/Mugging, as he probably expected us to raid them, pulled out a gun and attempted mugging anyway)

One of assailiants pull out a gun on my friend who was out of car. I quickly reverse car, anticipating this kind of situation and try to use the car as a ram in order to give my compatriot time to handle the threat as we are both armed and mind you HAVE OBSERVED HIM IN CHARACTER TAKING OUT A WEAPON. Using car engine block as a cover (safest part of car) I ram him and jump out, grabbing my own gun. I then start firing killing both of our opponents. Going here by rule 3.6 Stay Alive.


2) Arrest: To be or not to be
This is when two paramedics arrive on the scene, and later a cop played by "Dave". I got insta killed by Dave after firing one or two unaccurate shots and then revived. Deciding to use this opportunity to roleplay, I say we got lost and ambushed by two random muggers who tried to kill us. One of the paramedics claims that I have overstated my "self defence" because I executed one of targets on the ground.
THIS IS IMPORTANT: Out Of Character medic was ABSOLUTELY correct, I have indeed did so.
I argue that I must have fired a whole series into my targets and killed them by just sheer volume of bullets that went into the man, admit to me being the one killing them and taking whole blame. Dave says that I am lying and being arrested for murder as I have "reloaded and then finished off wounded man". I try to uphold roleplay and say that he can check my items and see that I did not in fact reload, my spare magazines are fully loaded which clearly contradicts this statement and medic must be lying. (This is all IN CHARACTER)

This is where situation with Dave gets weird and upsetting. He claims that medics are unable to lie by law. I say that clearly murder is also illegal, but he's right now arresting me for it. Suddenly Dave breaks character and claims that medics are Community Directors and that's why trusting them. This is a giant breach of 3.24 Staying In-Character, as it has no value whatsoever IN CHARACTER. I further try to roleplay with Dave, pleading my case and supposed innocence but he only claims that server rules are so and so. (Once again, not something that is connected with HIS CHARACTER being in situation.)

I get my Uzi confiscated and arrested for 8 years in game time. This is where I get a bit upset, as I have tried to roleplay and possitively interact with game world, but still got punished. This is very disheartening as if I didnt try to roleplay AT ALL, the ending would be exactly this same. Or even better, because of next part of this story.

3) Administrative interactions: Emotions and Egos
Upset with the outcome and punishment, especially pulling out OUT OF CHARACTER informations in order to interact with game world I create a report. (Once again, server rank of paramedics is of little matter in the IN CHARACTER world). In the report I complain about cop arresting me and his metagame of breaking 3.24. Answering is no one other than Dave himself, which is I would say a bit unprofessional as it's a clear as day conflict of interest.

I have screenshots of this conversation, Dave did not understand at all what I meant, which further added to my frustration. He tried to argue that rule 4.1 applies here as one overriding everything else. This is hardly relevant as in roleplay situation I was saying that paramedic is clearly mistaken and had hard evidence of my version of situation.

In the end I get upset and tired of trying to argue with a clear opposite side of situation that acts like a judge in own case. Upset with outcome and dismissive "make a staff complaint" I call him a dolt and tell not to bother. I know this was unprofessional of me, however please bear in mind that situation was clearly power balanced against me in all circumstances.


Please note that if he decided to just be an IN CHARACTER COP his reasoning would be absolutely correct he had no obligation to listen to me, the problem is that he actively broke 3.24, which abosolutely cheapens the situation and causes all of frustration.

Once again I apologize for using word dolt at the end.

LATER

Well bygones be bygones I think as I go on with my day. However a report has been opened against me, in which a very hostile moderator instantly jumps with aggressive attitude to punish me against supposed breach of rule 3.4. I don't get to talk much as KeiwaM is hostile and claims in his report that he is just going to ban me. It seems to me as a very convinient situation where I suggest one of moderators can't roleplay and then I get punished supposedly for "failing to roleplay" with imiediatly hostile member of staff.

This was my first offence of any kind and as I argue in the ROLEPLAY SITUATION we have seen our assaliant prepare to attack us, this gives a lot of time to prepare yourself. Besides as for 3.4, engine block (under which you can hide by just lowering your head ) protects from threat of being shot. So not only did I act accordingly I also then proceeded with enforcing rule 3.6 as soon as shots were fired.

I didn't get to argue my point though, as I have been swiftly banned (as stated by KeiwaM who just said "I'm going to ban you" and alas he did).

Sadly I don't have screenshots of that conversation but I would gladly show them here.

4) Aftermatch and pleasantry exchanges.

My gmod bugged out and I didn't know for how long I was banned. Despite feeling like this was not only conflict of interest but also petty retaliation I have decided to message KeiwaM to ask for how long I was banned and plead my case that banning on first offence where I have suffered all kinds of punishments IN CHARACTER already and won nothing, was a bit overkill.

Well that went of course nowhere to my frustration. I have accepted in my mind that, while in my mind unjustly, I have been punished. C'est la vie, 3 days is not enough to bother with creating account on forum.

For the whole conversation KeiwaM was, in my opinion, passive-aggressive. After that I have decided on some mishandled humorous wording which suddently got described as HARRASMENT.

And I get it you might not think that was funny, god knows you have every right. But extending ban for 5 days for
(And I quote: [in responce to "cool": "As cool as denmark could be, see ya baby greens") is a bit hillarious.

While I believe it might be interpreted as mean spirited, banning someone for further 5 days for not even a slanderous insult but something like that is funny. People who are actively hateful on server get lesser time punishments than I did.

For context here's the last part of that conversation where my ban gets extended, as I saved it for humorous reasons:



So yeah that sums it up, it was my first offence and I believe not only was I not breaking any rules but was treated unfairly.
For the record (as I've said to KeiwaM too) if I was ordered to return one 45CT taken and kept my loses and warned, I would have not even bothered with anything else.

It is the heavy handed approach itself that got me writing this story of adventure and mischief, in hopes for some understanding and possible changes that would benefit roleplay on this server.

Additional Information: Once again it's my first infraction of any kind on this server, up to this moment I have (in my opinion) behaved correctly on all accounts for my short playtime. I think its the moderators behaviour that is rather causing potential problems for community than mine itself, as I'm willing to learn. (Obviously I've read through all rules to post this magnum opus.)
 
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Hello,
I was not part of your actual ban at all, I have told you if you have an issue with my actions then you can make a Staff Complaint.

In addition, in a dispute you need to provide actual evidence that you did not break the rule at hand, meaning you will need to go into your demo and get a clip of the situation proving that no rules were broken.
 
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I'd like you to show us at what point I was being hostile towards you? Because I never, at any point, insulted anyone. That's more than can be said for your case.

And I get it you might not think that was funny, god knows you have every right. But extending ban for 5 days for
(And I quote: [in responce to "cool": "As cool as denmark could be, see ya baby greens") is a bit hillarious.
In the short span of the report and the subsequent steam messages, you called Dave a "dolt" (whatever that means), said I was "kinda mad" for giving you a ban, said to me "you have something up with your prostate" and called me a clown, and now you're presenting it as you "just" said that?
 
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I'd like you to show us at what point I was being hostile towards you? Because I never, at any point, insulted anyone. That's more than can be said for your case.


In the short span of the report and the subsequent steam messages, you called Dave a "dolt" (whatever that means), said I was "kinda mad" for giving you a ban, said to me "you have something up with your prostate" and called me a clown, and now you're presenting it as you "just" said that?
Oh no, as I remember correctly I did indeed behave rather impolite AFTER my ban was already extended. And as far as I remember I called heavyhanded moderation without any warning for offences "clownish", not you personally.

For which I am sorry, however I would be rather happy with you commenting and interacting with things being said in this report, for example you could provide screenshots of report made AGAINST ME where you claim that me breaking 3.4 caused whole situation, while whole situation begins with our opponents breaking 3.25.

From my side feel free to present screenshots of our conversation as "Homo sum et nil humanum, a me alienum esse puto" or I'm only human and human disadvantages are not beyond me.

Being passive-aggressive is also being hostile I would like to mention, it does create unpleasant atmosphere.

Once again, I would ask you kindly to please respond to actual whole topic of conversation, not only miniscule points about my presentation.


Hello,
I was not part of your actual ban at all, I have told you if you have an issue with my actions then you can make a Staff Complaint.

In addition, in a dispute you need to provide actual evidence that you did not break the rule at hand, meaning you will need to go into your demo and get a clip of the situation proving that no rules were broken.

Hello, of course please do not take it that I have any ill meaning behind this situation towards you, it was a bit conflicting occurance after all, that you are a side of.

As for demo, I do not believe it is necessary, as most of the informations required are shown right here or can be extracted by administration from game logs. I know KeiwaM definetly has our opponent's point of view, as this is something he claimed to have while banning me. (Which btw shows 3.25 being broken on their part).

Moreover, I don't really know how to access them, I play gmod for fun sometimes. Im not proficient in those kind of things.


However gentlemen as I have mentioned you both are parties to this case and once again I would rather not wish to have you in any way moderate this situation.
Due to the clear conflict of interest.
 
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And as far as I remember I called heavyhanded moderation without any warning for offences "clownish", not you personally.
1687095621268.png
So, in what world is saying "you look like a clown" not calling someone a clown?

while whole situation begins with our opponents breaking 3.25.
"If it is believed that another player has broken a rule, the report function (F6 key on your keyboard) is expected to be used to inform an Administrator. If a player(s) is in a role-play situation with another player(s) who has broken a rule, after the report function (F6 key) has been used, the former player(s) should continue the role-play situation as best as to their ability, and within the confines of the rules, until either it has ended and/or an Administrator intervenes."
At no point was I being passive aggressive. I was merely telling you the rules, and you disagreed. The report was open for quite a while of back and forth chatting, since you didn't seem to agree.

However gentlemen as I have mentioned you both are parties to this case and once again I would rather not wish to have you in any way moderate this situation.
Due to the clear conflict of interest.
Neither of us will be dealing with this dispute and neither of us will have a say in the outcode, but when you are pointing out inaccuracies in the dispute, it is on us to correct you.
 
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View attachment 18098
So, in what world is saying "you look like a clown" not calling someone a clown?


"If it is believed that another player has broken a rule, the report function (F6 key on your keyboard) is expected to be used to inform an Administrator. If a player(s) is in a role-play situation with another player(s) who has broken a rule, after the report function (F6 key) has been used, the former player(s) should continue the role-play situation as best as to their ability, and within the confines of the rules, until either it has ended and/or an Administrator intervenes."
At no point was I being passive aggressive. I was merely telling you the rules, and you disagreed. The report was open for quite a while of back and forth chatting, since you didn't seem to agree.


Neither of us will be dealing with this dispute and neither of us will have a say in the outcode, but when you are pointing out inaccuracies in the dispute, it is on us to correct you.
You're exactly proving my point, as I've already been banned for a week now - despite not being inflamatory. I did indeed act out - for which I am again, sorry. However feeling of injustice, does indeed have a very rancid taste. If I had been already punished for rather humorous remarks? Then why hold back, I've already paid for the swear jar. You can post the whole conversation as I have nothing to hide, I did explain that after some occurances within that conversation I had become rather "salty" due to perceived unfair treatment.


And it's excellent that you bring up exactly that point about rules being broken. Take notice that it wasn't a problem for me untill you've decided to punish me for supposedly breaking 3.4, at which point I've decided to argue against it. Report has been open for less than 5 minutes you can check that, because i only managed to sit in Slums parking lot before being banned off the server. So in order to elaborate your claim please post actual screencap of that report exchange.

So far you did not correct me at all, I would moreover say you've proved my point. You provided exact evidence that I became inflamatory AFTER ban has already been extended. Situation has been roleplayed and had been finished in a roleplay manner with asailiants being dispatched despite their heavyhanded attempt to break 3.25.

Exact wording is that lack of roleplay occurs afterwards.
 
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As Dave initially stated, since this is a dispute it is required that you provide evidence if you wish for it to be considered. Additionally, if you want to make a report on a staff member, you may do so here: https://perpheads.com/forums/staff-complaints.37/

Please record this situation in its entirety and provide the footage here within a timely manner. The demo file that contains this situation is perpheads_demo_2023-6-17 20-47-28. If you need help with anything demo related, use this guide: https://help.perpheads.com/page/demos---how-to-guide
 
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As Dave initially stated, since this is a dispute it is required that you provide evidence if you wish for it to be considered. Additionally, if you want to make a report on a staff member, you may do so here: https://perpheads.com/forums/staff-complaints.37/

Please record this situation in its entirety and provide the footage here within a timely manner. The demo file that contains this situation is perpheads_demo_2023-6-17 20-47-28. If you need help with anything demo related, use this guide: https://help.perpheads.com/page/demos---how-to-guide

There's footage, shows clearly our intent to raid, therefore ruling the situation under 3.25.

As for staff report I don't necessarily think that's required as it's mostly context of situation as a whole. Best outcome I'm counting for is unban or shortening of one.
That's honestly all.
 
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As you can see in the video, you decided to reverse and slowly drive forward in an attempt to run the gunman over. This was in violation of rule 3.4 as you were in no position to successfully pull off such a maneuver, especially in that vehicle. Instead, you should've complied with the gunman's orders. Additionally, you gunned down an unarmed assailant who played seemingly no part in all of this aside from being an associate of the gunman. Not once did this individual draw a weapon or make a threat towards you to justify killing them.

Reviewed with @A1L
 
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