Followup NH: James Cooper not Guilty of all Charges

Before the trial went to closing arguments, Judge Richard Titus granted a judgment of acquittal on one count of reckless endangerment, saying he did not believe there was sufficient evidence that Cooper had placed bystander Lisa Pickett in danger when she drove her car past the scene as Cooper held the two men at gunpoint.

In closing arguments Friday, Eldridge argued that Cooper was innocent of the charges, based on four defenses: defense of others, defense of property, mistake of fact and self-defense. For the jury to find Cooper guilty, Coyne had to prove beyond a reasonable doubt that Cooper did not meet every standard set in each of the defenses.

Throughout his argument, Coyne argued that Cooper was not reasonable in holding the two men at gunpoint and instilled fear in Richard Jehu and Tyler Forgas, seeking to prove that Cooper committed assault. Eldridge had argued that the men were never scared based on their actions in a video a bystander recorded of the incident.

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Followup MS: Domestic Defense found in Shooting Death of Firefighter

No criminal charges will be filed against Michelle Moore in the Aug. 26 shooting death of her estranged husband, Biloxi firefighter Richard Lewis "Ricky" Moore, 45.

"The grand jury considered the facts of this case, and one issue was self-defense," District Attorney Tony Lawrence said. "Their decision to issue a no true bill means they found that there was not sufficient proof of criminal wrongdoing."

Read more here: http://www.sunherald.com/news/local/counties/jackson-county/article79096817.html#storylink=cpy

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AK: Former AZ Democrat, Felon, Charged with First Degree Murder in Alaska

Victim Tony Rosales and Wife

One of the most deadly of assaults is a surprise attack from someone who has gained the trust of the victim.  The Thugee of India perfected this technique over hundreds of years and are believed to have murdered more than a million people.  An attack reminiscent of Thugee, involving a former Arizona Democrat legislator, has been reported in Alaska.  The former Democrat legislator, Mark De Simone or Desimone, resigned from his legislative seat after being accused of domestic violence eight years ago. He was originally from New York.  From juneauempire.com:

Mark De Simone, a 53-year-old man couch surfing in Juneau for the past month, was charged Monday with first- and second-degree murder for allegedly shooting and killing 34-year-old Juneau resident Duilio Antonio “Tony” Rosales, who is originally from Nicaragua. De Simone also faces manslaughter and criminally negligent homicide charges.

(snip)

ADA Paige asked judge Levy to assign a $1 million bail to De Simone, saying he has no true connections to Juneau and could leave if released. Paige said De Simone was born in upstate New York, then lived in Juneau from 1981 to 1988. From there, the DA’s office believes he spent time in Arizona, where he was convicted of felony loitering and later served as an Arizona state legislator.

From the court documents it appears that Mark De Simone was drinking at a hunting cabin all day, Sunday, May 15th.  The victim, "Tony" Rosales, was in the process of removing his boots at the end of the day when he was shot in the back of the head by the former Democrat legislator.  De Simone may have been a prohibited possessor because of the felony loitering conviction in Arizona. The state trooper noted that the victim, "Tony" Rosales, had an empty holster on his right hip.

I suspect the double action .41 magnum revolver that was used in the shooting belonged to "Tony" Rosales.  No other firearm is mentioned in the court records.  The question comes to mind: how did De Simone access the revolver?  We do not know, but I know of at least one other case where the murderer gained the victim's trust, and simply asked for the victim's gun, then killed him with it. 

Rosales would have been in a particularly vulnerable position, with his hands occupied in removing his boots, when he was shot from behind.  He was then shot a second time, apparently to make absolutely sure that he was dead.  Both shots were to the back of the head, though from considerably different angles.

The witness who heard the shots said that they sounded like "target shooting", so they were likely a few seconds apart.  There is speculation that the victim and the shooter had worked together for a short period of time. No motive for the shooting is known at present.

 

A dear friend of mine recently passed away, at the age of 96.  An experience of his comes to mind.  About a decade ago, I heard that my friend, "Doc" Birdick, had been stabbed in the chest.  He was taken to the hospital and patched up.  The knife penetrated the lung, but Doc survived with minimal ill effects.

I asked him about the stabbing.  His attacker, a vagrant, went to prison for 14 years.  Doc described him thus:  "He is a really nice guy when he isn't drinking."

It is difficult to guard against this sort of attack.  I make a habit of unloading guns before I hand them to casual acquaintances, but no method can guard against all contingencies.

We may never know exactly what happened at the remote hunting cabin.  "Tony" Rosales was reluctant to go, but did so when he was told that supplies were needed.  There were five other members of the party.

More details will surface as the case proceeds.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

Donald Trump to NRA: We Will Get Rid of Gun Free Zones

Donald Trump attended the annual NRA meeting in Louisville, Kentucky.  The local news carried pictures of rain and record crowds, three hour waits to get into the meeting room, thousands of attendees, and traffic snarled as people overflowed the Kentucky Expo capacities.  I saw lines stretching for a quarter mile or more.  The local press described the crowds waiting to register for the NRA events as even bigger, but they were moving faster.  At the Leadership forum, before Trump spoke, a polished NRA VP Chris Cox made the announcement: The NRA is endorsing Donald Trump for President!

It was not unexpected.  There have been elections when the NRA did not endorse a presidential candidate.  This year the choice is much clearer than any election in recent memory.  Hillary Clinton has said that the Supreme Court is wrong on the Second Amendment.  Donald Trump says the Second Amendment must be cherished and protected; and he give specifics.

Donald Trump came on stage.  He was pleased and gratified with the endorsement. I believe he had hoped for an endorsement, but did not know exactly when it would come.

He told the crowd, referring to Wayne LaPierre and Chris Cox in the NRA leadership:

"I want Wayne and Chris to know - I will not let you down."

He reiterated his policy paper on the Second Amendment.  And he made this statement:

"We are going to get rid of gun free zones.  I am telling you that."

Gun free zones have become a major tactic of anti Second Amendment activists to make carrying a gun for legal purposes impractical and legally dangerous.  Gun free zones are designed to spread like smallpox, and eventually prevent most people from carrying guns most places.  As John Lott has shown, spree killers who plan mass murders in public spaces are attracted to gun free zones.

The most pernicious and dangerous of the "gun free zone" laws is the Federal Gun Free School Zone act. It criminalizes the carry of guns in wide swaths of territory far from any actual school.  The boundaries are not marked, infractions are felonies. From crimeresearch.org:

The problem is that the Federal Gun Free School Zone Act prohibits firearms of any kind within 1,000 feet of a school ground, and not the center of the school, but the edge of the property. “School” is defined as K-12 and includes public schools, private schools, parochial schools, and in some places possibly home schools. Idaho lets you carry in these school zones if you have a concealed handgun permit, but without a permit you could face a 5 year prison term.

The original act was struck down as unconstitutional in 1995, in U.S. v. Lopez.  Bill Clinton immediately and emotionally demanded that a slightly modified law be passed again.  He threatened to keep legislators in Washington, D.C. and away from their districts during the 1996 election cycle, until they passed the new law.

The law was passed September 30, 1996, and become the Gun Free School Zone Act of 1997.  Prosecutions under the law have been sparse.  Observers believe that federal prosecutors fear to bring a case that could subject the act to another Supreme Court ruling.  That might change with the absence of Justice Scalia.

A separate federal law, the Gun Free Schools Act of 1994, provides incentives for schools themselves to be gun free zones.

In U.S. v. Heller, the Supreme Court ruled that schools were "sensitive places" where the government could restrict the exercise of the Second Amendment.  It did not say that 1,000 foot zones around Schools were "sensitive" places.  No one knows why schools were included as "sensitive".  Governmental bans on  the carry or possession of guns in schools are neither historically long standing or logically reasonable.  The apparent rational for bans on guns in schools is to teach students that guns are bad and the government can ban them.

A Trump administration would have to obtain congressional support to repeal the Gun Free School Zone Act of 1997.  It could push hard for congressional repeal of the act. It could unilaterally state that the law violates both the Second and Tenth Amendments.  It could state that it will not prosecute under the Act, setting a moral example for the rest of the country.

A Trump administration could replace Justice Scalia with another judge who would uphold the Constitution  as written, rather than treat it as a mailable document that effectively binds no one.

It could weakly prosecute a test case to bring the act into the courts under the most favorable conditions, hoping for a repeat of U.S. v Lopez, citing the Second and Tenth Amendments, as well as the Commerce Clause.

Such test cases have been a favorite tactic of "progressives".  It was used by the Franklin Roosevelt administration to obtain the muddy results in U.S. v. Miller.  

The 1934 Miller case was inappropriately used in appellate courts to justify infringements on the Second Amendment for decades.  Those appellate decisions were invalidated with the Heller decision.

Donald Trump has publicly promised to get rid of gun free zones, directly to the members of the NRA.  They will expect him to work hard to do so.  The controversial Gun Free School Zone Act's may finally be repealed.

Trump specifically mentioned military gun free zones.  The vast majority of active duty military are forbidden from carrying self defense firearms while on duty.  It is a policy that started shortly after WWII and has been reinforced under later administrations, including the Obama administration. President Trump, as Commander in Chief, could reverse that policy immediately.

Gun Free Zones in the Post office could be reinterpreted by a Trump Department of Justice to be unconstitutional and unenforceable.  A reform of Post Office regulations could neuter the ban.  A directive to require removal of signs banning guns at Post Offices would make the ban unenforceable.  A permanent legislative solution could be pursued in Congress.  A removal of the Post Office ban has significant congressional support.

A Trump Administration could demand the Army Corps of Engineers eliminate its regulatory ban on the exercise of the Second Amendment on the lands that it administers.  Congressional removal of the Army Corps of Engineers' ban has significant support and could be enacted during a Trump administration. Court challenges of the ban have had mixed results.  A removal of similar bans on National Park lands was enacted during the Obama administration.

Donald Trump, if elected, will have real opportunities to "get rid of gun free zones".  The military ban could be eliminated immediately.  The Post Office and Army Corps of Engineers bans could be pursued with regulatory reform, executive actions, and legislation. The Gun Free School Zone ban could be attacked in the Congress and pursued in the Courts.

Opportunities for Donald Trump to keep his promise to "get rid of gun free zones" are available and multiple.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

GA: Disabled Veteran Shoots, Kills Intruder

Eddie Frank Smith, 69, was at home in Monticello on Thursday about 9 p.m. when Andre Smith, 22, (no known relation), forced his way into Eddie Frank Smith’s home through a rear door, according to a media release from the Georgia Bureau of Investigation.

When Eddie Frank Smith went to investigate, Andre Smith lunged toward the resident, who shot the intruder once in the chest, according to the GBI.

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FL: Armed Victim Shoots Armed, Tatooed, Teen Robbery Suspect

LAKE CITY, Fla.—Police said they are searching for an attempted robbery suspect after a construction worker defended himself with his handgun in Lake City Sunday night.

Gary Cleveland was determined to have used his weapon in self-defense and will not face any criminal charges for firing two shots at an allegedly armed attempted robber, the Lake City Police Department said in a release.

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Followup VA: Jury finds Crist Justified in Second Jury Trial

NEWPORT NEWS — A Circuit Court jury this week acquitted a man in a shooting death outside Kelly's Tavern nearly six years ago.

Charles Shane Crist, now 33, was charged with second-degree murder and using a gun in felony in the slaying of Gregory Arsenault, 29, a Hampton welder and father of three, in a dispute outside the Port Warwick eatery just before midnight on July 9, 2010.

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LA: Armed Homeowner Shoots, Kills 1 of Several Home Invasion Suspects

A homeowner shot and killed a Port Allen man who authorities believe was in the middle of a home invasion armed robbery of the homeowner’s residence Thursday night, West Baton Rouge Parish sheriff’s deputies said.
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NC: Gun Beats Machete in Sampson County Home Invader

Two Sampson County men are facing felony charges — and one severe gunshot injuries — following a burglary in which one of the men, reportedly wielding a machete, was shot by the homeowner.

Around 10:49 a.m. Friday, the Sampson County E-911 received a report of a residential burglary on Honeycutt Road, in which the homeowner had shot one of the burglars.
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OH: 1 of 2 Home Invaders Shot by Resident

Tony Kendrick and an unknown suspect forced an apartment door open after pounding and kicking it when a resident tried to just crack the door to see who it was.

Kendrick then pointed a gun at the first resident.

Another resident heard the noise from his bedroom, came out with a gun and shot Kendrick in the arm.
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PA: Man Shoots Attacking Pit Bulls

A man shoots two pit bulls, killing one of them, after they attack his lab. Police are still investigating whether or not that shooter will face charges.

Police say two pit bulls entered a home on the 200 block of East 29th Street through an open window and dragged a lab outside. The owner told police he tried to pry the pit bulls off his dog. When they wouldn't budge, he shot them.

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NM: Armed Bystanders Hold Shooter at Gunpoint

Officer Tanner Tixier said 32-year-old Eugene Padilla and another man were fighting over drugs near the 7-Eleven at Wyoming and Candelaria NE when Padilla fired several rounds shooting the man and nearly striking several passersby.

When police arrived they found the victim had been shot in the leg, and two people were holding another man, later identified as Padilla, at gunpoint, Tixier said.
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FL: Man Holding Gun was Shot in Self Defense

According to the Hillsborough County Sheriff's Office, shortly before 11 p.m. Wednesday, Tyler Ray Howell, 19, of Ocala, climbs out of the passenger seat of a blue vehicle driven by an unknown man.

He approached a red vehicle driven by Durrell Anthony Boswell, 23, of Plant City, sheriff's officials said. Howell aimed a silver handgun at Boswell and an unidentified woman, who was a passenger in the red vehicle.

In an act of self-defense, Boswell pulled his 9mm handgun and shot at Howell, striking him twice, a sheriff's release states.
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Followup CA: No Charges for Woman who Shot Man Fighting Boyfriend

MARTINEZ - The Contra Costa County District Attorney's Office has declined to file charges against a woman arrested Saturday after she shot a man who was fighting her fiancé in Martinez.

Dawn Iverson, 46, of Martinez, allegedly used a pistol to shoot her fiancé's adversary, who was hospitalized but was said to be in stable condition, according to police.

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MS: Homeowner Shoots Aggressive Burglary Suspect

On Wednesday evening, Sneed and his girlfriend first showed up at the trailer. When the homeowner confronted them, they claimed to have car trouble. Early the next morning, the homeowners heard something outside.

“The female homeowner goes out to investigate and finds Mr. Sneed inside one of the vehicles, walks up to the vehicle, she is armed and she instructs him that he is trespassing and he needs to get out, he makes a lunge action toward her and that’s when she fires one shot,” Sheriff Johnson said.

The female homeowner instructed Sneed’s girlfriend to remain in the truck, while she called 9 1 1.

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Knife Check at NRA Meeting in Louisville, 2016

Open carry is unrestricted at the NRA annual meeting in Louisville, Ky, this year.  But with presidential candidate Donald Trump speaking at the Leadership Forum, the Secret Service set up a system to stop the entrance of people with guns and knives.  Doug Ritter of Knife Rights realized that the carry of pocket knives is common with people across the United States, and that it is a major inconvenience to trudge a half mile back to a parked car to deposit a pocket knife after walking through a quarter mile line to hear the speakers.

The procedure was simple.  Hand a friendly boy scout your knife or knives.  They would put them in a zip lock bag, with a ticket that you kept a stub from.  If you wanted, you could take a picture of the knives in the bag as an alternate way of recovering them.

As a bonus, the ticket to pick up your knives at the check in station could be turned in at the Knife Rights booth, #4507 for a drawing to win one of two $500 knives.  Of course, you had to pick up your knife first, then go to the Knife Rights Booth.

A steady stream of customers came up to the knife rights check in station to take advantage of the free service offered by Knife Rights.  I saw a significant number of knives being checked in.  I tested the system with my own Cold Steel Voyager XL, which has always worked well for my needs.  I had no trouble retrieving my pocket knife, and I expect that no one else will either.

Doug Ritter was helping man the booth.  He has created Knife Rights from  the ground up, and admitted that the brilliant idea had been his.  He demonstrated what a small organization can accomplish in short order.  From the moment of conception to use at the NRA meeting, his Knife Check station was put into operation in one week!

Knife Rights say they are fighting on the second front in defense of the Second Amendment.  They have had amazing success, rolling back infringements on the Second Amendment that were put in play over a hundred years ago, at the start of the "progressive" era.  They have had success in over a dozen states, and are currently pushing knife reform laws in another eight states and the federal government at present.

In Wisconsin this year, they eliminated the switchblade ban from the 1950's, put in place a broad knife preemption bill that standardizes knife laws across the state, removed the prohibition on concealed carry of knives for anyone who can possess a firearm; and eliminated any bans on the open carrying of knives in most places.

Knife rights has even pushed and passed knife reform at the federal level, though that is a tougher sell.

I have talked to Doug Ritter when we have been at events such as the NRA annual meeting.  He has shown himself to be honest, approachable, and principled.  He has demonstrated integrity.  The legal and philosophical waters seem ripe for reform of knife laws across the country.  Most legislators are astounded that these antique infringements on the Second Amendment are still on the books.  Knife Rights has won victory after victory.

They accomplish all this on a shoestring budget.  What they might accomplish with a couple hundred thousand a year boggles the mind.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch 

IN: Armed Victim Shoots at Attacker in car

INDIANAPOLIS, Ind. – Police say a gas station customer shot at a robbery suspect after being hit by the getaway car on the city’s northwest side this morning.

The incident happened around noon at a gas station near 69th Street and Michigan Road.

According to police, a customer walked out of the gas station, and as soon as he got to his car at one of the pumps, a man came up and tried to rob him.

The victim wrestled the robber; and police say someone driving a getaway car sped into the parking lot and hit the victim with the car. The victim the pulled out a gun and fired at the car as it tried to drive away.
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Open Carry at the 2016 NRA Annual Meeting in Louisville, Ky

Before the NRA meeting, it was well known that open carry would not be discouraged.  I entered Freedom Hall at the Louisville Kentucky Expo center this morning, as people were registering.  Within a minute, I had spotted three open carriers, and managed to get pictures.  From nraam.org:

Firearms Carry Policy

During the 2016 NRA Annual Meetings & Exhibits, lawfully carried firearms will be permitted at Annual Meeting venues including the Kentucky Exposition Center (KEC), KFC Yum! Center Arena, and Kentucky International Convention Center (KICC) in accordance with Kentucky law. Firearms and knives will be prohibited in any areas temporarily under the jurisdiction of the U.S. Secret Service. When carrying your firearm, please remember to follow all federal, state and local laws.

Drew and Susan Hebson were happy to have me take pictures of their open carried pistols.  Drew said that when he and Susan had gone out for dinner the night before, they had seen quite a few people openly carrying holstered pistols.  When others commented on it, he simply answered: NRA meeting.

While were were doing the photo shoot by an NRA table, a uniformed police officer was strolling by.  I waved him over, to get another point of view.  The officer said he could not give an official statement, but did not have a problem with an unattributed quote.  He said that he did not have any problem with open carriers, and was seeing more today than at previous events.  He volunteered:

"We (officers) think that if you are going to allow open carry without a permit, you should be able to conceal carry without a permit as well

Drew was an FNH tactical .45, and Susan a Sig 9mm.  Susan normally carried the Sig concealed, but uncovered for the event.

Another open carrier, Brian Mensing, said that he had checked about open carrying before coming to the NRA meeting.  Everyone that he had talked to, starting with the State police and continueing from there, had said that it was not a problem.  He was open carrying a Glock 21.  He said that he expects to upgrade his holster shortly.

In the past the NRA has been criticized as being hypocritical for having their annual meeting at venues that prohibited the carry of firearms, openly or concealed.  Last year, in Nashville, Tennessee, there were rumors that firearms were prohibited.  Those were quickly squashed with plenty of photographs of open carriers at the event.

This year, there seem to be more open carriers. Second Amendment supporters are winning the culture war. Open carry is becoming normalized as the legal exercise of the Second Amendment is being restored.

Texas became an open carry state as of 1 January, 2016.  A legislative attempt to restore open carry rights in Florida was defeated in spite of strong legislative support.  Florida is now one of only five states that prohibit the open carry of holstered pistols in most public spaces.  The other four states are South Carolina, New York, California, and Illinois.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch 

MA: Voters Reject more Restrictions on Gun Owners

WGGB-TV reports that Longmeadow, Mass. residents recently voted down a series of controversial gun control initiatives at the annual town meeting last week.

Voters rejected proposals that would require gun owners to provide the police department with descriptions of each firearm they own, limit where guns can be carried in town and ban certain types of guns and magazines inside town lines altogether.
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PA: Homeowner Shoots Intruder in Head

WISSINOMING (WPVI) -- Police say a homeowner shot and killed a burglar in the Wissinoming section of Philadelphia.

The shooting happened around 12:30 p.m. Tuesday on the 4600 block of Higbee Street.

Police say a 28-year-old man was shot in the head.
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