ShoreShooter
Ultimate Member
- Feb 27, 2013
- 1,042
Is there actually a statute on attempted possession, or are they making this up as they go along?
DC Prosecution Rests In Shotgun Shell/Sabot Case
- Thread starter safecracker
- Start date
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Good article. I like E. Miller's juxtaposition with the David Gregory magazine event. It shows that the prosecution probably has other motives.
It looks like prosecution is doing the attempted possession charge to avoid the defense's election for a jury trial on the possession charge. I would bet this will be appealed regardless so whats the point? Another bet will be the DC circuit will "consider" this appeal for many years. The impartial justice system at work.
It looks like prosecution is doing the attempted possession charge to avoid the defense's election for a jury trial on the possession charge. I would bet this will be appealed regardless so whats the point? Another bet will be the DC circuit will "consider" this appeal for many years. The impartial justice system at work.
safecracker
Unrepentant Sinner
- Feb 26, 2009
- 2,405
What gun? There was NO gun involved, only allegations by an estranged wife during an emotionally charged divorce involving hunting rifles that were legally stored in Virginia. There was clearly ZERO intent to violate any DC law.
I love how they knocked the charges down to keep him from getting a jury trial and avoid any possibility of jury nullification. I'm sorry to any representatives of the bar on this board... but the Law is an ass.
“If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.”
“If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.”
Your incorrect assumptions are based on the bad reporting. that is why I pointed to the bad reporting.
There was an allegation of threat with a handgun in DC. They found 40 cal handgun ammo illegally stored in DC. Some of the evidence from that first search was disallowed, so they are going with the violations from the second search, which is currently ruled as a valid search.
I agree allegations by an estranged wife can easily be BS. But to imply that allegations of threat with a gun do not frequently trigger searches is a false claim. they do frequently trigger searches. If gun law violations are found as a result of those searches they are frequent charged in most jurisdictions.
There is no question that several violations of DC firearms law were found. Some of those were disallowed (the illegal box of fully functional 40 cal).
But some others remained. It is common in law enforcement, and persecution, that if four violations are found, but two are excluded in evidentiary hearing the remaining will be charged even if minor and technical offences if found alone. In other worse if you find evidence of cocaine and marijuana, and the cocaine gets excluded in evidentiary hearing, the marijuana is more likely to be vigorously prosecuted than a crime involving the same amount of marijuana and no other drugs.
I am not arguing in support of DC laws. But gun ownership in DC has been significantly relaxed in 2011 and 2012. One of the remaining items is an open book quiz on DC law. It clearly states you can't possess ammunition in home without a registration, and it clearly states ammunition includes parts of ammunition. On top of that DC is not the only place where an casing or failure to fire round is considered ammunition.
Again, DC gun laws are bad. They do nothing to reduce crime, scapegoat law abiding gun owners and distract from the real causes of crime.
I do think the prosecution of this case should be dropped. But the reporting on which commenters here are relying is not good court reporting
safecracker
Unrepentant Sinner
- Feb 26, 2009
- 2,405
Keyword: allegation
I guess in DC, absent of facts, allegations are just as good.
I guess in DC, absent of facts, allegations are just as good.
IJM
Ultimate Member
That and a fair number of the registered Dems are really independents (like me) or even Repubs. The only election that really matters in DC (sadly) is the Democratic primary, and you can't vote in that unless you're a registered D. Sad but true.
The more I read that article, the more it made me shake my head. Boobish incompetence at its worst.
Shouldn't this case be over by now? Does anyone have an update?
I really dislike when news hits and never gets followed up.
NM.
I found it.
02/18/2014 Event Resulted - Release Status: Event Resulted - Release Status: PR - PSA. Government concluded its presentation of its case-in-chief and rested. Oral defense motion for judgment of acquittal heard and denied. Case continued in order for defense counsel to produce an expert witness to rebut the testimony of the government's expert. Trial to resume with defense case. AAGs Peter Saba and Jemine Trouth present on behalf of the government. Court Reporter Tonia Harris present.
The following event: Trial Resumed scheduled for 02/18/2014 at 10:00 am has been resulted as follows:
Result: Trial In Progress
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
Event Scheduled
Event: Trial Resumed
Date: 03/26/2014 Time: 10:00 am
Judge: MORIN, ROBERT E Location: Courtroom 215
I really dislike when news hits and never gets followed up.
NM.
I found it.
02/18/2014 Event Resulted - Release Status: Event Resulted - Release Status: PR - PSA. Government concluded its presentation of its case-in-chief and rested. Oral defense motion for judgment of acquittal heard and denied. Case continued in order for defense counsel to produce an expert witness to rebut the testimony of the government's expert. Trial to resume with defense case. AAGs Peter Saba and Jemine Trouth present on behalf of the government. Court Reporter Tonia Harris present.
The following event: Trial Resumed scheduled for 02/18/2014 at 10:00 am has been resulted as follows:
Result: Trial In Progress
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
Event Scheduled
Event: Trial Resumed
Date: 03/26/2014 Time: 10:00 am
Judge: MORIN, ROBERT E Location: Courtroom 215
Last edited:
Again why are you making a big deal of it being DC? If a spouse makes an allegation of threat with a gun in Virginia, Alabama, California, Florida, or anywhere it US it would be likely to trigger a search.
It is relevant since whether or not a gun is or was on the premises is germane.
I am not defending the use of gun laws in Dc or elsewhere for harassment in spousal and ex spousal judicial fights, but it is no more present in DC than elsewhere.
It was an allegation of threat with a handgun. He did have a full box of .40 cal ammo in the DC residence. That illegal possession of ammo was disallowed from the case for evidentiary technical reasons. They went with the next ammo found that was allowed (the shotgun shell).
As far as attempted possession, this is precisely the type of prosecution one would see with constituent parts in jurisdictions where parts of ammo to make functional ammo is considered ammo, and thereby controlled in the case of non licensees.
I am not defending the prosecution. Only pointing out that millers coverage is leaving out half the facts. I hope the guy gets off. I believe DC gun laws only affect the law abiding and have no affect on criminals. But Miller's reporting on this case is not good.
Kman
Blah, blah, blah
I was referring to a member here telling us that DC didn't enforce this crap. But thanks for explaining my post to me.
Whomever implied DC doesn't enforce it for non registrants was making it up.
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