Wednesday, August 21, 2019
FL: Neighbor Fires Shot at Suspect who Hurled Paver through Window, Holds Him for Police
WINTER HAVEN, Fla. (WFLA) – Police say a suspect was held at gunpoint by neighbors on Monday after they witnessed him throw a brick into the window of a Polk County home.
Winter Haven police were called to the Lake Howard area just after 12:30 p.m. Monday for the man, identified as 32-year-old Brandon Patterson, being held at gunpoint.
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MS: Victim Shoots Aggressor with gun from Truck
Rigel said several witnesses who saw the fight told deputies the victim was the aggressor. They said the fight started at one location. The shooter left the scene but the victim followed him to another location and continued the fight.
"(Johnson) kept beating up on him," Rigel said, adding there was a gun in the glovebox of the truck the shooter was in. "The guy came running at him and he told him to stop but he wouldn't so he shot him twice — and then performed CPR on him."
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IN: Domestic Defense, 1 Wounded, 1 Dead, Men Attempted to Break into Home
They say an ex-husband showed up at the home of his ex-wife, accompanied by a friend. The duo tried to get into the home, where the ex-wife lives with at least one other person. There was a struggle as they tried to gain entry to the home, and someone inside the house shot at the ex-husband and friend, police say. Both victims shot were the two men who attempted to gain entry to the home, investigators say.
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TX: Nacagdoches Homeowner on MLK drive Shoots at Burglary Suspects
A Nacogdoches homeowner shot at two suspected burglars early Monday morning and might have injured one of them, according to Brett Ayres with Nacogdoches PD.
The burglary took place just after 5:30 a.m. in the 1800 block of Martin Luther King Jr. Blvd. The homeowner stated that two people were breaking into the home.
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GA: Armed Homeowner Shoots Suspect, Stops Crime Spree
When the two teens suspects tried to commit a home invasion in Peachtree Corners, things didn’t go as planned, according to officers.
Gwinnett County police say someone inside the apartment shot one of the teens before they could steal anything.
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Tuesday, August 20, 2019
Senators Threaten Supreme Court on New York Second Amendment Case
The brief is an amazing example of chutzpah and comes very close to being a direct threat to the Court.
A little history is in order. It has been Progressives that have blatantly politicized the Court for most of a century. It was Progressives that claimed the Constitution is only what the Court says it is. It is Progressives that claim the Constitution is a living document. It has been primarily Progessives that have created political projects to bring actions before the court to overrule the legislature.
It is the height of brazen presumption for Democrat senators to chide Conservatives for bringing political cases to the Supreme Court, especially about the Second Amendment.
The first Supreme Court case testing a federal gun control law was Miller. Miller was a blatant political case brought by an extreme proponent of federal gun control, who was appointed by FDR to the bench
in 1933, Democrat Congressman Heartsill Ragon.
A prominent Democrat, Ragon endorsed Roosevelt in 1932 and helped push the New Deal through the Ways and Means Committee. In return, Roosevelt made him a district judge. The NFA was part of Roosevelt’s New Deal program, enacted with broad support shortly after Ragon took the bench. But the Federal Firearms Act of 1938 (sic) was stirring up popular opposition, much of it based on the Second Amendment. The government needed to silence the complaints, and Miller was the perfect vehicle. Ragon had presided in an O’Malley prosecution, so he knew Miller was a crooked, pliable snitch, who wouldn’t cause any trouble. And Gutensohn was a comer who knew the game and got his due. Ragon’s memorandum opinion presented no facts and no argument. With no defense muddying the waters, it was the government’s ideal test case.The decision in Miller was poorly written. It upheld the Second Amendment as an individual right, but was muddy enough that later decisions by appeals courts completely reversed its meaning, creating the myth of the Second Amendment as a "collective right" of government controlled militias. For 75 years, Progressives dominated the Supreme Court, and the court refused to hear any Second Amendment appeals.
It has been Democrats, leftists and Progressives who have created rights to abortion, homosexual sex, and "gay marriage" out of thin air. It has been Progressives that have used the "commerce clause" to claim the federal government has the power to regulate everything in the United States.
These Democrat, Progressive, senators attempt to chide the Supreme Court for taking a case to prevent actual, obvious, infringements on the Second Amendment.
The Senators note much of the public considers the Court to be highly political. What do Progressives expect, after three generations of politicizing the Court at every turn? Do they expect the public to forget Judge Bork, Clarence Thomas, and the recent attempt to derail Justice Kavanaugh? From the breif:
Today, fifty-five percentof Americans believe the Supreme Court is “mainly motivated by politics”(up five percent from last year);fifty-nine percent believe the Court is “too influenced by politics”;and a majority now believes the “Supreme Court should be restructured in order to reduce the influence of politics. ”Quinnipiac Poll, supranote 2.To have the public believe that the Court’s pattern of outcomes is the stuff of chance(or “the requirements of thelaw,”Obergefell, 135 S. Ct. at 2612 (Roberts, C.J.,The senators do not stop there. The threat to the court is thinly veiled. From the breif:
18dissenting))is to treat the“intelligent man on the street,” Gill v. Whitford, No. 16-1161, Oral Arg. Tr. at 37:18-38:11 (Oct. 3, 2017),as a fool.
The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.”Particularly on the urgent issue of gun control, a nation desperately needs it to heal.The implication is obvious: Nice little Court you have there. Be a shame if something were to happen to it. Rule the way we want, and you may keep your Court.
This, at the same time the senators speechify about maintaining separation of powers of the three branches of government!
I have seldom seen such brazen doublespeak! The Orwellian ability to believe in contradictory things by party members, is much in evidence in these senators.
The ability of the Party Organs (otherwise known as the mainstream media) to control the information flow is dwindling. It remains to be seen if the power has decreased enough to prevent the Progressives from regaining control of the Presidency and the Senate in 2020. In 2016, the Media showed enough power to regain control of the House.
©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
GA: Video of Gunfight Outside Fat Boys Bar and Grill, McCoy Believed to Stop Mass Shooting
NEWNAN, Ga. (FOX 5 Atlanta) -
Deputies in Coweta County say an armed off-duty employee may have
stopped a mass shooting at a crowded bar in Newnan Saturday morning.
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NY: Disarm, PIstol Whipped Resident takes Gun, Shoots, Kills Intruder
POUGHKEEPSIE – A resident of an apartment at 107 North Bridge Street in Poughkeepsie shot and killed an intruder late Saturday night.
Police responded and found one victim with a fatal gunshot wound and a second victim with wounds consistent with being pistol whipped.
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Monday, August 19, 2019
Update:Unintentional Firearms Fatalities: Accident Rates in the USA 94% Reduction 1933 to 2017
 | |
| Unintentional Fatalities with Firearms, Accident Rates 1933-2019 USA |
This article is an updated version of the article published in January of 2017. Since then, the CDC corrected the number of fatal firearm accidents for 2014, the error being found and pointed out by Dr. John Lott.
The reduction of fatal firearms accidents is one of the great, unnoticed success stories of the last 85 years. The rate has of unintended firearm fatalities has been reduced by 94% since 1933.
It is not simple to determine the rate of fatal firearm accidents in the United States over the long term. In the chart above, three sources were used. The first precise numbers were collected in 1933.
Rates and numbers from 1933-1987 are available from Kleck, Point Blank Page 306 Table 7.1.
The numbers for 1981-2000 were found in An Analysis of Firearm-Related Accidents in the United States(pdf). Rates were calculated using Census figures.
From 1999-2017 numbers were available in WISQARS, population for per capital rates was taken from U.S. Census figures.
For the overlap cases, the later source was used. The overlap from 1981 to 1987 only had one anomaly. In 1982, Kleck listed 1757 accidental firearm fatalities; the Analysis of Firearm-Related Accidents listed 1756. The 1999 and 2000 numbers for the Analysis and WISQARS numbers were the same.
The 1967 data point stands out as slightly bucking the long term trend of lower and lower fatal firearm accident rates. Curiously, it was the year before the Gun Control Act of 1968 went into effect. The slight uptick may have aided in passage of the law.
The numbers are sparse in the early years. Before 1933 the numbers were estimated. There are gaps in the data. The first precise number is from 1933, then 1935, 1940, 1945, 1950, 1955, 1960, and 1965. After 1965 the data is available for each year.
Between 1945, (the earliest figure available for per capita firearms, Kleck) to 2017 ( the latest figure, using BATFE numbers and Kleck's methodology), the number of per capita firearms has risen from .35 to 1.28. There are more than 3.6 times as many firearms per person in the United States today, than there were in 1945.
During the same period, the per capita rate of fatal firearm accidents has declined from 1.84 per 100,000 to .15 per 100,000, over a 91% drop. Using the earliest number, form 1933, the drop has been 94%.
In comparison, fatal vehicular accident rates have dropped from 23.687 per 100,000 in 1933 to 11.40 per 100,000 in 2017, or a drop of 52%. That is a substantial drop, but not as impressive as the drop in fatal firearm accidents.
We know that the number of miles driven has increased significantly; we do not have similar figures for the amount of ammunition consumed.
In 2014, the CDC record shows a coding error. The number was stated as 586, but John Lott, who detected the error and informed the CDC, said the number should be no more than 486. The actual number corrected by the CDC, has been determined to be 461. That is now the lowest number and the lowest rate on record for the United States. The rate is .14 per 100,000 population.
The rate of fatal firearms accidents in 2015, 2016 and 2017 was flat at .15 per 100,000.
For those who wish the individual numbers by year, to create your own graphics, the numbers for all three sources may be found at the link below.
Data for Rate of Fatal Firearm Accidents.
There is considerable misinformation about how many fatal firearms accidents occur per year, especially for children. For children (less than 18 years old), it is a very small number, less than 96 per year.
©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.
AZ: 21-Year-Old Shot, Killed, while Breaking into Apartment
Phoenix police said they were called to an apartment complex around 2:40 a.m. near Seventh Street and Camelback Road where a 27-year-old male resident told police he awoke to someone breaking his rear glass door. He told police he shot the victim with a handgun after he saw the man remove the screen door from its hinge and kick the glass door.
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IL: Gunfight,, Bullet to Police Department Window, No one Injured
No one was hurt Friday after a bullet pierced a window of a police station in the Austin neighborhood when multiple people in a dispute fired shots at each other.
Two males were in custody after their group of four argued with a concealed carry license holder and one of them fired shots, CPD spokesman Anthony Guglielmi said.
The concealed carry holder took out their own gun and returned fire, he said.
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CA: Knife to Gunfight, Suspect Drops Knife, Money, and Money Bag, no One Injured
The man approached a Brinks Armored security guard in the area of Third Street and Arizona Avenue around 11:15 a.m., according to the Santa Monica Police Department.
He then tried to stab the guard, who responded by shooting at him three times, police said in a news release.
The assailant, who was not hit by the gunfire, fled the scene and was apprehended around 12:10 p.m.
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Al: Gunfight, Jewelry Store Owner Drives Masked, Armed, men from Store
It was lunchtime Wednesday when two men came through the front door of Custom Jewelers wearing masks and with guns in hand.
Gorman spotted them right away and decided to take matters into his own hands.
Video was captured by surveillance cameras inside the store where you see Gorman come upon the robbers, shoot at them, and chase them out of the store.
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Sunday, August 18, 2019
TX: Three Armed Samaritans Stop Attack on Young Woman
In a state of disbelief, Paxson said she rolled down her windows, started screaming and honking her horn.
Shortly after, three men got out of their cars and intervened.
"Some had guns, and at that point in time, it really became a cross between the Wild West and Gotham City," Paxson recalled.
Paxson called 911 as she drove away for her own safety.
"One of the good guys separated the girl and the dog and they seemed like they were OK and safe," Paxson said.
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AZ: Man Shot, Killed, Outside Club after Pointing Gun at People
While in the parking lot, Kariker retrieved a gun from his vehicle and pointed it at several people in the parking lot, police said. A 22-year-old man also retrieved a gun and fired multiple rounds, striking Kariker, police said.
He was transported to the hospital and pronounced dead. The shooter was detained and cooperated with investigators, Samudio said.
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FL: Father Justified in Fatal Shooting of 27-Year-Old Son
The father of Amos Lee, 27, was questioned and released, and he was not charged with a crime, according to investigators. Lee's mother said his father shot the gun because he told her he feared for his life.
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IL: Gunfight, Off Duty Police Officer and Robbery Suspect Excange Fire
CHICAGO (Fox 32 News) - New video released by the Civilian Office of Police Accountability shows an off-duty Chicago officer engaging in a brief shootout with an armed robbery suspect on the Far South Side.
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Saturday, August 17, 2019
Missouri Walmart Open Carrier 1st Degree Terrorist Threat Rejected by Prosecutor
At about 4:10 p.m. on 8 August, 2019 Dmitriy Andreychenco parked in the parking lot of the Walmart Neighborhood Market in Springfield, Missouri. He took an tactical ballistic vest out of the car, put it on, and slung a AR type rifle. He walked into the store. He was open carrying and testing his Second Amendment rights, as confirmed by his wife and his sister. He had his phone in his hand and was recording himself as he pushed a cart through the store. He never pointed the firearm at anyone or made any verbal or written threat. The Walmart manager stated he heard an employee say that Dmitriy was coming into the store with the vest and the rifle. He observed Dmitriy walking in the store aisles. He told an employee to pull the fire alarm in order to get people to evacuate the store.
Dmitriy evacuated the store with the rest of the customers. As he left the store, another armed citizen pointed a gun at him and held him for police.
The police took Dmitry into custody without incident. A video shows him acting calmly and carefully following police commands. Police quickly determined he was not a threat, as the store manager had assumed.
Link to video
Shortly after his arrest, a police officer claimed Dmitriy deliberately decided to cause chaos, a claim not supported by the facts. Police should avoid making claims about a suspects frame of mind, absent evidence.
The police arrested Dmitriy on suspicion of making of a terroristic threat in the first degree
I predicted the Green County Prosecutor would not file a formal charge of a terrorist threat in the first degree. The facts did not support such a charge.
Dan Patterson, the Green County Prosecutor, rejected the charge of terrorist threat in the first degree.
Instead, he charged Dmitriy with a terrorist threat in the second degree. The second degree charge is still a felony.
Here is the felony complaint. From greencountymo.gov:
The Prosecuting Attorney of the County of Greene, State of Missouri, upon information and belief, charges that the defendant, in violation of Section 574.120, RSMo, committed the class E felony of making a terrorist threat in the second degree, punishable upon conviction under Sections 558.002 and 558.011, RSMo, in that on or about August 8, 2019, in the County of Greene, State of Missouri, the Defendant recklessly disregarded the risk of causing the evacuation of a building, the Walmart Neighborhood Market at 3510 W. Republic St., Springfield, Missouri, by knowingly communicating an implied threat to cause an incident or condition involving danger to life, or, in the alternative, by knowingly causing a fear that a condition existed involving danger to life.Prosecutors routinely overcharge, as a starting position for plea bargains. Dmitriy is being held on $10,000 bail.
Here are the Missouri statutes for second degree and third degree terrorist threats. From mo.gov:
574.120. Making a terrorist threat, second degree — penalty. — 1. A person commits the offense of making a terrorist threat in the second degree if he or she recklessly disregards the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation and knowingly:An important element of the offense is that the action is performed knowingly. The Supreme Court recently ruled on a case involving Second Amendment rights and what "knowingly" means. From the decision:
(1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or
(2) Communicates a false report of an incident or condition involving danger to life; or
(3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.
2. The offense of making a terrorist threat in the second degree is a class E felony.
3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.
--------
(L. 2014 S.B. 491)
Effective 1-01-17
As this Court has explained, the understanding that an injury is criminal only if inflicted knowingly “is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil.”The prosecution will have to convince a jury that (3) Dmitriy knowingly caused a false belief or fear that an an incident has occurred or that a condition exists involving danger to life.
That will be a difficult case to make. Dmitriy consistently told the story that we was testing his Second Amendment rights, and he expected Walmart management to talk to him, not pull a fire alarm. The Third degree terrorist threat is probably the prosecutor's target. Here is the statute:
574.125. Making a terrorist threat, third degree — penalty. — 1. A person commits the offense of making a terrorist threat in the third degree if he or she, with criminal negligence with regard to the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation, knowingly:
(1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or
(2) Communicates a knowingly false report of an incident or condition involving danger to life; or
(3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.
2. The offense of making a terrorist threat in the third degree is a class A misdemeanor.
3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.
-------
(L. 2014 S.B. 491)
Effective 1-01-17
It is still a high standard. Criminal negligence would be what a jury would need to be convinced of, most likely of (3) Causes a false belief.
Much will depend on surveillance video and the phone video that Dmitriy made. Did Walmart shoppers start running from Dmitriy before the Walmart management pulled the fire-alarm? It is not clear if that happened. The manager says he pulled the alarm to get customers to leave the store. If the manager believed that Dmitriy was a threat, even though customers were not panicking, the case for criminal negligence becomes harder to make.
Dmitriy faces considerable legal fees for his Second Amendment activism. Perhaps he could have shown better judgement. Maybe someone will create a gofundme account to help with his legal fees. It may be that gofundme will refuse to allow a fund to be set up.
They have taken down other conservative funding efforts, such as the one by Israel Folau, a Christian Rugby star who was sacked for quoting a bible verse, or the private effort to fund a border wall, where gofundme refunded $20 million, rather than allow the effort to proceed.
I do not believe the NRA legal defense fund will be of any assistance.
It is clear Conservatives need an alternative funding site, that will not take down their charity efforts, because the site disapproves of Conservatives.
This case will be followed closely.
Email for the Green County Prosecutor, Dan Patterson, can be found at this link.
©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
OK: Church Member uses Shotgun to Shoot, Wound, Church Burglary Suspect
TULSA, Oklahoma - Tulsa Police say a church member shot a suspected burglar at the Church of Christ near Pine and Sheridan. Officers say this church has been burglarized several times for copper in the past two weeks.
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NM: Home Invaders Claimed to Be FBI, One Shot, Wounded
The city of Española had its first fatal shooting of the year Aug. 8 when a homeowner shot an armed intruder.
Darell Padilla, 31, of Española was transported to the hospital where he later died.
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