Mark Witaschek Found Guilty!

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  • bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    Just read the original story... Anyone know why this guy was dumb enough to let the cops in his house? Or did they have a warrant for something unrelated (the tax evasion case?)?

    EX wife red flagged him
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    If it can “expel a projectile by action of explosive” it is considered a firearm and most likely need to be registered. It’s to early now but I’ll reach out to registration when they open and see what they say. I’m about 99% it still needs to be registered.

    I’ve only seen one person physically charged with a muzzle loader but the poor guy crossed the POTUS route line. Imagine being the cop that didn’t arrest him and he took 50 cal ball pop shots at POTUS.

    Anyway I’ll see what i can find out for you.

    I called but they never answer the phone, did you get in contact with anyone?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I wonder if this recent decision in the DC district court by Lamberth would get this guys case booted?
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    After being found guilty by jury on the charge, Witaschek filled for a new trial. Once the court okayed a new trial DC Nolle prosequi the case.


    02/06/2015Charge Disposed - Nolle Prosequi Charge #2: Unlawful Poss Ammunition
    02/06/2015Case Disposed - Nolle Prosequi
    02/06/2015Event Resulted - Release Status: N/A. The Court having granted the defendant's motion for a new trial, the government entered a nolle at this time. AAG Britney Kyle present on behalf of the government. The following event: Status Hearing scheduled for 02/06/2015 at 10:30 am has been resulted as follows: Result: Dismissed - Nolle Judge: MORIN, ROBERT E Location: Courtroom 215 MARK WITASCHEK (Defendant (Criminal)); ; HOWARD X MCEACHERN (Attorney) on behalf of MARK WITASCHEK (Defendant (Criminal)); Judge ROBERT E MORIN
    02/06/2015Case Disposed - Nolle Prosequi
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    EX wife red flagged him

    And the evidence clearly showed they were 2,000 miles away for each other the entire day claim was made by the ex wife that he threatened her in person.

    Ie she red flagged him with a lie. Even worse even though the evidence from the first search was thrown out, they conducted a second search some days later and found the prohibited constituent part of ammo
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,282
    HoCo
    After being found guilty by jury on the charge, Witaschek filled for a new trial. Once the court okayed a new trial DC Nolle prosequi the case.


    02/06/2015Charge Disposed - Nolle Prosequi Charge #2: Unlawful Poss Ammunition
    02/06/2015Case Disposed - Nolle Prosequi
    02/06/2015Event Resulted - Release Status: N/A. The Court having granted the defendant's motion for a new trial, the government entered a nolle at this time. AAG Britney Kyle present on behalf of the government. The following event: Status Hearing scheduled for 02/06/2015 at 10:30 am has been resulted as follows: Result: Dismissed - Nolle Judge: MORIN, ROBERT E Location: Courtroom 215 MARK WITASCHEK (Defendant (Criminal)); ; HOWARD X MCEACHERN (Attorney) on behalf of MARK WITASCHEK (Defendant (Criminal)); Judge ROBERT E MORIN
    02/06/2015Case Disposed - Nolle Prosequi


    Plain English for us commoners please?


    Sent from my iPhone using Tapatalk
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    Charges never should have been brought. The worst thing is the ammunition he was convicted of having was a spent shotgun shell. The fact that in DC law that is considered ammunition is absolutely insane.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    Man I have to be extra careful. I am down there sometimes 2-3 times a week. I check my car carefully to make sure I don’t have any misplaced rounds or god forbid an empty shell casing somewhere in the vehicle. Yet every now and then while cleaning my car I find one under a seat or in some deep crevice in the cargo area. It seems like it makes sense to get a carry permit in DC as some sort of insurance against falling victim to their stupid laws.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Man I have to be extra careful. I am down there sometimes 2-3 times a week. I check my car carefully to make sure I don’t have any misplaced rounds or god forbid an empty shell casing somewhere in the vehicle. Yet every now and then while cleaning my car I find one under a seat or in some deep crevice in the cargo area. It seems like it makes sense to get a carry permit in DC as some sort of insurance against falling victim to their stupid laws.

    You need a "DC" car and a separate "range" car...

    A DC carry permit allows ammo possession, IIRC.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Charges never should have been brought. The worst thing is the ammunition he was convicted of having was a spent shotgun shell. The fact that in DC law that is considered ammunition is absolutely insane.

    DC is not the only place were constituent parts of ammunition, usable in reloading, count as ammunition. Also not the only place where one must possess a firearms registration to possess ammo.

    I agree it is an insane law, and in DC's case, reprehensively used to prosecute, not as an add-on charge on to an actual crime, but as a per se crime itself. Just noting DC is not the only jurisdiction that defines constituent parts that can be used in reloading as ammunition controlled under its ammunition laws.

    Keep in mind that Witaschek did have a live box of .40 cal pistol ammo found on the first search. That search was deemed improper warrant and excluded and the actual charges were from the second search. So they had a hardon for him. (which also explains the persecution/prosecution in the tax residency status, which given he did not pay less net taxes was vindictive.)
     
    Last edited:

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    So what is the law on muzzleloaders? I went to purchase 1 today in Maryland for the upcoming hunting season and was told that it doesn.t have to be registered and that they don.t even do background checks. I asked them could they just fill out the registration form and I'll take it to DC and see what they have to say and they refused and asked me do I want it or not,

    I asked Hall about this years ago. His statement was you can have an unregistered muzzle loader in DC unregistered. BUT if you want ammo or parts of ammo for it to be possessed in DC, you need to serialize and register it.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    I asked Hall about this years ago. His statement was you can have an unregistered muzzle loader in DC unregistered. BUT if you want ammo or parts of ammo for it to be possessed in DC, you need to serialize and register it.

    Wow.

    I guess DC is still traumatized by the War of 1812.
     

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