Wednesday, August 30, 2017

MT: City Charges Man for Negligent Discharge after County Refuses to do so

City prosecutors have filed charges against a man who fired his gun during an attempted citizen's arrest in the Rimrock Mall parking lot.

The charges against James Ellis Newman, 30, come six months after the Feb. 25 incident.

Newman was charged on Aug. 18 in Billings Municipal Court with negligent endangerment and unlawful discharge of a firearm. The charges are misdemeanors.

The Yellowstone County Attorney's Office previously reviewed the case and declined to file any felony charges.
More Here


Anonymous said...

Seem to me if the city did not make the arrest at the time of the incident the city has no jurisdiction.

ExpatNJ said...

Oh, yes they can (but, they shouldn't)! Poor guy ...

Montana Statute of Limitations for Criminal Litigation
MT Code Sections: 45-1-205; 45-1-206 [abridged for brevity]

Deliberate, mitigated ... five (5) yrs ...

One (1) yr. ... or (3) yrs. after offense committed.

Acts During Which Statute Does Not Run [meaning NO limitations whatsoever]:
When offender is not usually/publicly resident of state, OR BEYOND JURISDICTION OF THE STATE [EMPHASIS ADDED].

More info: Montana Code Annotated 2015

NOTE: This is not - nor is it intended to be - legal advice. I am NOT an "Attorney-At-Law", nor have I been admitted to The Bar in any jurisdiction. I AM, however, an "Attorney-In-Fact", based on my experience with, and understanding of, the laws, legal process, and criminal justice system.

Anonymous said...

The problem is how laws differ from state to state, making the point that the second amendment is national reciprocity. If any one in any state can prove to me any state or government entity has the authority to amend the second amendment I would like to see it. One supreme court ruling after another, the constitution and the tenth amendment clearly state federal law is superior to state law. so what state or state law can be superior to the federal law or lower court rulings that conflict with supreme court rulings/ Gibbons v Ogden 1824 "When a state law and a federal law are in conflict "no o the federal law is supreme". no one can deny you your constitutional rights". "All of your constitutionally guaranteed rights travel with you even across state lines" We are first American/ United States citizens, then we are residents of the state we live in and we are free to move to any other state taking our constitutional rights were ever we go. Under eminent domain we can travel freely any where in this country and our rights travel with us no state can deny entry of legal citizens. On and on. If I have the right to carry by federal law I have a right to carry anywhere. all state weapons laws that conflict with federal law are void.