Friday, April 22, 2011

Another strange NJ prosecution: "Aljava Gaither, 19, was charged with murder and weapons offenses in the fatal shooting of Craig Fitzgerald, 24, at the intersection of Calhoun and Bernard streets on April 9, prosecutors said... Fitzgerald hit Gaither over the head with the club, causing him to fall, the prosecutor said before explaining that “Gaither pulled out a a revolver trying to protect himself and shot Fitzgerald in the leg.” He said the bullet broke Fitzgerald’s leg and caused him to fall onto Gaither. “Gaither fired three more shots into the victim’s chest, one hit the sternum, severing the aorta,” Scott said. The victim was taken to the hospital and died. “Fitzgerald, when he saw my client, went upstairs to his apartment, got a club and assaulted my client,” Schroth said. Schroth described Fitzgerald as being 6-foot, 300 pounds and his client as being 5-4, 125. “As you can see, my client has six staples in his forehead from the blow. Clearly there was a violent assault on my client.”

MI: Judge says Second Amendment protects man's right to possess stun guns: "When a Bay City party store worker wore a “stun gun” on the job for personal protection, he was charged with a crime. A Bay County judge ruled today, though, that the Michigan law prohibiting possession of stun guns is unconstitutional. In a written opinion, 18th Circuit Court Judge Joseph K. Sheeran dismissed the weapons charge facing 41-year-old Dean S. Yanna on the basis that the law violates Yanna’s Second Amendment right to keep and bear arms. Sheeran concluded that because state law bans, rather than regulates, stun guns and Tasers, it violates the Second Amendment." Yanna was wearing the electric device on his belt for protection while working the night shift in June 2010 at the party store on Bay City’s West Side."

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