According to police, a 22-year-old homeowner fired his gun at armed people attempting to break into his apartment.
Within minutes of arriving, officers were notified of a 25-year-old man walking into a nearby hospital room with a gunshot wound.
The gunshot victim was “not forthcoming with information,” police said.
Officers later concluded that the shooting and wounded man were connected.
The Kenosha County Eye has obtained a proposed Plea agreement for Dominick Black in the Kyle Rittenhouse case. Dominick Black was Kyle Rittenhouse's friend who purchased the rifle Kyle carried and shot three attackers in self defense, in 2020, during the riots in Kenosha, Wisconsin.
The rifle was purchased legally under Federal law, because the rifle was never "substantially transferred" to Kyle Rittenhouse. It was kept in a locked safe in Wisconsin until the riots in Kenosha. It was not a "dangerous weapon" illegally provided to a person under the age of 18, in Wisconsin law, because it is a rifle with a regular length barrel, and Kyle Rittenhouse was not forbidden from possessing a rifle with a regular length barrel. The charges against Dominick Black for "providing" the rifle fell apart when the weapons charge against Kyle Rittenhouse was dismissed.
A status conference is scheduled for 10 January at 11:30 a.m. with the parties and Judge Bruce Schroeder. The status conference was originally scheduled on November 22, 2021, shortly after the Rittenhouse verdict. It is expected the proposed plea agreement will be discussed and considered by Judge Schroeder. Judge Schroeder presided over the Kyle Rittenhouse case, where Dominick Black gave testimony. Kevin Matheson of the Kenosha County Eye and others discuss the proposed plea agreement on youtube.
At about minute 37 Kevin Matheson of Kenosha County Eye says the prosecutor Binger and Dominick Black's attorney have signed a plea agreement to drop the felony charges and plead guilty to a county ordinance of contributing to the delinquency of a minor. This is a citation, not a criminal matter. The fine agreed to is $2,000. There is no mention of forfeiture of the rifles which are legally owned by Dominick Black. Here is the entire proposed plea agreement obtained by the Kenosha County Eye.
You can see the court records showing a hearing on the plea agreement for January 10, 2022 at Branch 3, Courtroom 209 in Kenosha.
Kevin Matheson, from the Kenosha County Eye, who has been following this case closely from the start, believes Judge Schroeder will almost certainly sign the plea agreement.
Plea agreements are merely suggestions to the judge. He does not have to agree with them. It is possible Judge Schroeder will not agree and do something different.
Judge Schroeder could refuse to accept the plea agreement and dismiss the county ordinance charge with predjudice, so it could not be re-filed. He could reduce the fine from $2000 to $1 or nothing. Assistant District Attorney Binger did little to endear himself to Judge Schroeder during the Rittenhouse trial.
There isn't anything in the plea agreement on the release of Dominick Black's rifles which were impounded as evidence in the case. Both rifles are legally owned by Dominick Black. They were both legally purchased by him. Kyle Rittenhouse has said he wishes the rifle which was purchased on the agreement it be transferred to him after he attained the age of 18, to be destroyed.
Sgt. Viola Black of the Kenosha Police Department has said if Mr. Black is acquitted of the charges, the rifles will be returned. From kenoshanews.com:
“If Mr. Black is acquitted of the charges,” Viola said, “his firearm would be returned to him. If he is found guilty, the firearm would remain in evidence.”
Judge Schroeder could stipulate the rifles be returned to Dominick Black along with the bond money. If the rifles were sold or raffled, the proceeds might be enough to cover the legal expenses of Dominick Black.
The rifle used by Kyle Rittenhouse was estimated to have a value of over half a million dollars. George Zimmerman's pistol, which he used in self defense against Trayvon Marton, sold for $250,000. The rifle carried by Dominick Black could easily fetch twenty thousand dollars. The set of the two rifles might bring a million dollars at auction, for the collectible and historical value.
Kyle Rittenhouse raised well over two million dollars for his defense. If the two rifles were raffled off nationally, it is not unreasonable the raffle might raise another two million dollars, with the understanding the proceeds would offset the legal expenses involved.
Opinion:
It appears Assistant District Attorney Binger is attempting to salvage a fig leaf for his disastrous efforts in the Kyle Rittenhouse trial. $2,000 is far less than additional legal fees which would almost certainly accrue if Dominick Black did not accept the plea deal offered by Binger.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
A Washington state man who was shot in the arm during an attempted robbery Tuesday night turned the tables on his attacker when he drew his own gun and fatally shot the suspect, authorities said.
The incident unfolded in Auburn, located about 27 miles south of Seattle, just after 9 p.m. when the victim walked out of a business in a strip mall, Auburn police said.
The male suspect allegedly approached the victim and held him at gunpoint.
When he tried to rob the victim, police said that the victim drew his own gun and exchanged gunfire with the suspect. It was unclear whether the victim was licensed to carry a firearm.
Chickasha police responded at 4:53 a.m. Tuesday to the 1100 block of South Fifth Street after a homeowner called police to report he had fatally shot a man who had entered the house.
The home invader had reportedly just crashed through several nearby yards after driving a vehicle “through a nearby KFC restaurant causing damage,” OSBI said in a news release later Tuesday.
The suspect allegedly backed into a house, alerting the homeowner with the commotion, and began banging on the windows at a home next door. When the homeowner came outside, the suspect reportedly charged the man’s porch, assaulted his wife and entered the home, according to OSBI.
PHILADELPHIA (WPVI) -- A driver pulled out a gun and fired after coming
face-to-face with an armed teenage carjacking suspect in the Fairmount
section of Philadelphia.
In an exclusive interview with Action
News, the driver described how he made the split-second decision when
the 18-year-old male suspect pointed a gun at him.
"I saw the gun
and I thought he was going to shoot me and take the car, so I
retaliated as fast as I could. And just to see another day, I had to
shoot the guy," the victim said.
"I was shaken up at first and the police calmed me down a lot and they made me feel real comfortable."
When officers arrived, witnesses told them a man had broken into one of the homes in the neighborhood and was trying to leave with several items from inside.
A neighbor, who was armed, went to go check on the house at the request of the homeowner, confronted the suspect and shot him multiple times.
No other injuries were reported.
When deputies arrived, they found 53-year-old John Kuczwanski with life-threatening injuries. Deputies and EMS personnel attempted life saving measures on the scene. Kuczwanski was transported to a local hospital by ambulance, where he was pronounced deceased.
Since the incident occurred, LCSO investigators continue to diligently interview witnesses and review video footage from surrounding businesses. One person was taken into custody and has since been released. For now, no charges have been filed in this case.
Unfortunately, Kuczwanski seemed to be prone to road rage. This was his second recorded incident of road rage at this intersection. Florida Politics reports he was arrested in a separate road rage incident there in 2014.
Wounded Knee mass burial, 1891, public domain
When people are disarmed, they are at the mercy of those who have disarmed them. History is full of instances where mercy was was in short supply.
The desperate fight, which became a massacre at Wounded Knee, on December 29, 1890, was one of the better recorded of such events. From Britannica.com:
Forsyth was clear in his terms: the Miniconjou must surrender all their weapons. Big Foot was hesitant, but he surrendered a few guns as a token of peace. Forsyth was not satisfied and ordered a complete search of the people and their camp, where his men discovered a host of hidden weapons. The increasingly intrusive search angered some of the Miniconjou. A man named Sits Straight began to dance the Ghost Dance and attempted to rouse the other members of the band, claiming that bullets would not touch them if they donned their sacred ghost shirts. The soldiers grew tense as Sits Straight’s dance reached a frenzy. When a deaf Miniconjou named Black Coyote refused to give up his gun, the weapon accidentally went off, and the fraught situation turned violent as the 7th Cavalry opened fire. Because many of the Miniconjou had already given up their weapons, they were left defenseless.
In the end, between 150 and 300 Lakota Sioux, of which the Miniconjou were a part, were killed.
Nicolo Machiavelli gives advice to those who desire to obtain and keep power. From The Discourses":
For it is enough to ask a man to give up his arms, without telling him that you intend killing him with them; after you have the arms in hand, then you can do your will with them." The Discourses end of chapter XLIV
For those who tell Americans to trust the United States government to protect them, if only they will give up their guns, consider the words of the British poet, Rudyard Kipling, in Gods of the Copybook Headings:
When the Cambrian measures were forming, They promised perpetual peace.
They swore, if we gave them our weapons, that the wars of the tribes would cease.
But when we disarmed They sold us and delivered us bound to our foe,
And the Gods of the Copybook Headings said: "Stick to the Devil you know."
In China, 300,000 disarmed soldiers and civilians were killed by the Japanese army in Nanjing (Nanking).
These events are not limited to the recent past. In India, Muslim invaders routinely captured tens of thousands of soldiers, disarmed them, and killed them. From hinduwebsite.com:
Akbar ordered a general massacre of 30000 Rajputs after he captured Chithor in 1568. The Bahamani Sultans had an annual agenda of killing a minimum of 100000 Hindus every year. The history of medieval India is full of such instances.
Those who disarm others seldom do it for the good,of the others, although the excuse is frequently used in democracies. In the 1920's the British government took steps to disarm its own people. The excuse was crime (crime was at historical lows). The real reason was a fear of revolution. It has been well documented by Joyce Lee Malcolm and Colin Greenwood.
The founders were aware of the history of disarmed peoples. It is one of the main reasons the Second Amendment was included in the Bill of Rights.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
According to police, the victim and his 45-year-old son met the suspect in that area to sell him a video game system. The suspect then pointed a handgun at the victims and attempted to take the gaming system by force.
The 69-year-old victim, who was legally carrying a handgun, drew his firearm. Gunfire was then exchanged between the victim and suspect. The suspect then fled the area on foot and has not yet been located.
HUMBOLDT PARK - A concealed carry holder shot back at an 18-year-old man who shot him in the shoulder during a sale meet-up in Humboldt Park, police said.
Around 8:44 p.m., in the 900 block of North Lawndale, a 28-year-old man met with the 18-year-old to buy a pair of shoes.
A store employee exchanged gunfire with another man during an armed robbery on Sunday afternoon in River North, police said. No injuries were reported, but a witness said the store’s glass, which faces busy Ontario Street, was shot out.
Police suspect the same robber held up two more stores in the Loop less than an hour later.
Cops responded to calls of shots fired and flying glass on the first block of West Ontario around 1:50 p.m. A CPD spokesperson said an armed robber pulled out a gun inside the store, but an employee also pulled out a gun.
YAKIMA, Wash. — Yakima police declined to arrest a 37-year-old man accused of shooting another man in a Walmart parking lot Thursday after he told investigators he was defending himself and his family during an attempted robbery.
“At this point, we’re leaning towards this being a self-defense type of incident,” Sgt. Jake Lancaster said.
Lancaster said the 37-year-old was eating lunch in his car with his girlfriend and her 16-year-old child in the Walmart parking lot at 1600 E. Chestnut Ave. before going grocery shopping. At just after 4 p.m., someone reportedly got out of a car parked behind them, opened the family’s car door and pointed a firearm at them.
In a memo, Assistant State Attorney Toby Hunt wrote that Sir'Hon Malic Kinsler, also 21, "would have a valid claim of self-defense at trial, and that is even assuming that the state could definitively prove he was the person that fired the fatal shot."
Hunt also said that a second person who reportedly fired shots, Dallas Brown, "would have a valid claim of self-defense, based on these facts and the law."
"The driver handed him several items, and the man walked away," the sheriff's office wrote in a press release.
But, authorities say the alleged thief came back.
"Minutes later, the man walked back toward the driver and demanded his cell phone," the agency wrote. "The driver, who was in fear for his life, armed himself with a gun and shot the man."
On July 6, 2021, New York Governor Andrew Cuomo signed SB 7196 into law. The law is specifically designed to overrule the federal Protection of Lawful Commerce in Arms Act (PLCAA).
On December 16, 2021, the National Shooting Sports Foundation (NSSF) and 14 additional plaintiffs (including, I am glad to say, a local gun store, Sprague's of Yuma, Arizona) sued the Attorney General of New York, Letitia James, to stop implementation of the law, designed to violate the Constitutional rights of all Americans. From the lawsuit:
1. This lawsuit challenges the constitutionality of a New York statute that was enacted with the express purpose of overruling the judgment of Congress by expanding New York tort law to regulate the conduct of tens of thousands of businesses operating in every state, regardless of whether those businesses fully comply with all applicable federal, state, and local laws in their home jurisdictions.
2. New York and its political subdivisions have sought for years to impose civil liability on manufacturers and sellers of firearms and ammunition (“Firearm Industry Members”) for criminal or unlawful misuse of their products by third parties in New York—even when those products were lawfully manufactured and sold out of state.
Letitia James doesn't even pretend the law is not about overturning federal law. Here is the public statement by New York Attorney General Letitia James:
“In 2005, Congress took unprecedented action to usurp states’ rights and give gun manufacturers and distributors blanket immunity for gun violence perpetrated as a direct result of their marketing and distribution of firearms. Plain and simple, this was federal overreach to protect the gun industry in every way possible. But, today, New York state took an important step to right that wrong and protect its citizens from gun violence. As the state’s attorney and chief law enforcement officer, I look forward to enforcing the Public Nuisance law and I stand ready to defend it against all legal challenges. Thank you to Senator Myrie and Assembly member Fahy for sponsoring this bill, Governor Cuomo for signing it into law, and the many advocates for their role in crafting this mechanism for New York state to protect its own residents.”
Much of what James has in her statement is not true.
Firearm manufacturers were protected because they were under direct, provable, impossible to ignore threats by totalitarians such as James. James seems to want to return to antebellum days, before the Fourteenth Amendment, when states were allowed to violate the Bill of Rights at whim. That issue was settled by the War between the States, or the Civil War, whichever nomenclature you prefer. The purpose of the frivolous lawsuits levied against manufacturers was openly admitted as the bankruptcy of the manufacturers.
The PLCAA did not go nearly far enough.
The protection should have extended to all manufacturers, distributors
and retailers, not just to firearm manufacturers, distributors and
retailers. Just as Colt should never be held responsible for a criminal
robbing a bank with a Colt made pistol or rifle, Ford should not be held
responsible for a criminal robbing a bank because the robbery was facilitated by a Ford car or truck. Trek should not be bankrupted because a rapist used a Trek bicycle to facilitate a rape.
The theory that manufacturers can be held responsible for the action of criminals, which they have no control over, is insanity. There is one end to the proliferation of such nonsense: government control over all the means of production and distribution.
The myth Letitia James uses to justify her actions is that more guns result in more illegitimate violence. Violence is not evil in itself. Violence is neutral, like gravity. Violence is and can be used for both good and evil.
The idea that guns result in more illegitimate violence sounds plausible until you examine the data. More guns do not result in more illegitimate violence. They often result in less. When you look at the overall number, there is little difference in the population at large. Removing guns may result in smaller numbers of homicides with guns. It may result in smaller numbers of suicides with guns. It does not result in smaller numbers of overall suicides or homicides.
It limits individual freedom to choose and to expand individual autonomy.
This may be why power broker politicians such as Letitia James like the idea of keeping people from having guns.
It limits individual freedom to choose. It limits the ability to expand individual autonomy.
To those on the Left, those are features, not bugs.
The ability to make gun owners into lawbreakers likely appeals to the Left more than the ability to reduce illegitimate violence. The obvious restriction of state power demonstrated by the Second Amendment has long been despised by the Left, particularly by Progressives.
In the United States, the ability to restrict access to guns is limited by the United States Constitution, the structure of federalism, State Constitutions, the judicial system, and 100+million gun owners with 480 million guns.
Gun owners are more reliable voters than are non-gun owners.
The lawsuit by NSSF and 14 others has a reasonable chance of success.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
A man died Tuesday evening as a result of a shooting at the Asian Best Chinese and Thai Cuisine Restaurant at 15 N. Penn St. in York, according to the York County Coroner's Office.
A news release from the York City Police Department said the man was shot by the restaurant's owner while attempting to rob a store clerk. It is the first homicide of 2022 in the city and county.
In a recent article aired on National Public Radio affiliate, KCUR in Kansas City, Missouri, Kansas City police were given a platform to blame increasing crime rates on the restoration of Second Amendment rights. One of the first things noted was an increase in the reports of firearms stolen from vehicles in Kansas City, MO.
In 2021, 613 guns were stolen from vehicles, compared with 498 in 2020, Capt. Sean Hutcheson said in a presentation to the Kansas City Police Board on Dec. 14. Police know the weapons are being used in crimes, he said.
“One of the drivers of our violence in Kansas City is easy access to guns,” Hutcheson said. “And since the early 2000s, a lot of our gun laws in the state have been relaxed. So people are more likely to be carrying guns and especially in their vehicles.”
Hutcheson makes a major jump in logic, asserting, without evidence, that "easy access to guns" is "One of the drivers of our violence in Kansas City..." There are numerous studies which show mere access to guns is not a driver of illegal violence.
The clearest indicator of illegal violence, murder, is not associated with rates of gun ownership. This is an attempt to place responsibility on inanimate objects rather than on personal decisions, ethics, and morality.
Missouri law applies to all of Missouri. These problems seem unique to particular areas of Kansas City.
There are many areas in Missouri which have high gun ownership (access to guns) and low murder rates.
The KCUR article notes where many thefts of guns are taking place:
The hotspots for vehicle thefts are the city’s entertainment districts, Hutcheson said, including Westport, the Power & Light District, the Crossroads District and the 18th & Vine District.
The police have video of what is driving the theft of guns in cars in this area. It is groups of criminals hitting places where they know people are being strongly pushed into leaving their defensive firearm in a vehicle.
Cathy Dean, a police board commissioner, said she’s seen videotape showing patrons trying to get into bars being caught by metal detectors revealing a weapon. The patron is then told to put their gun back in their car. That’s when the thieves strike, she said.
Hutcheson said groups are hitting 20 to 30 cars at a time, looking only for weapons.
“We have video. One person will just go and just pop windows and the guy behind him is going opening the door, checking the seat, the glove box, that’s it. These guns are unsecured in these vehicles,” he said.
There are obvious possible fixes to this problem which do not violate anyone's rights. Places which serve alcohol could provide lock boxes for guns. Places which serve alcohol could allow armed people to carry in their establishment. Those places which refuse, could be advertised as unfriendly to Second Amendment rights.
Police could use "bait" cars and guns, combined with strict consequences for those who are committing these crimes.
Signs could be placed informing people of the high risk of gun theft from vehicles in the area. Video monitoring with police "quick response" teams could be used to arrest perpetrators.
There are several "gun free zones established by Missouri statute 571.106. Under Missouri law, managers of establishments who serve intoxicating liquors determine who may or may not carry in their establishment.
Places which serve intoxicating liquor are conditional gun free zones in Missouri. From 571.106 (7):
(7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager.
Opinion:
I suspect most of the offenders are minors of specially protected groups, which the police view as dangerous to arrest and prosecute.
Blaming "access to guns" is an easy out for political decisions to not aggressively arrest and prosecute the criminals who are doing the stealing.
A very local problem in Kansas City is being used as a platform to attack Second Amendment rights in all of Missouri and in the USA.
Perhaps readers who are familiar with Kansas City can add local knowledge to enlighten us.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
The investigation into the January 2, 2022, fatal shooting on 45th Avenue NE in the unincorporated area of East Salem continued overnight. Investigators have identified the person deceased at the scene as Peter Bishop (42) of Salem.
The resident, who is reported to have shot Bishop, is a 62 year-old Salem man. At the time of the incident his adult daughter and two grandchildren were in the home as well. None of the people in the home were injured during the incident.
The investigation into the shooting is ongoing. Upon conclusion of the investigation, the case will be forwarded to the Marion County District Attorney’s Office for review.
****Original Media Release from January 2, 2022****
On January 2, 2022, at just before 7:00 p.m., deputies were called to a disturbance at a home on 45th Avenue NE near Iberis Street NE. A 911 caller reported an unknown male was trying to break into the home before a resident shot the intruder. The suspect was pronounced deceased at the scene. There were no other reported injuries.
Police said the owner of the BMW parked at a gas station and went inside to get some snacks. When he walked out, he saw the suspect reportedly attempting to steal his car.
That's then the vehicle owner shot at the suspect. The person trying to steal the vehicle was hit once in the arm and once in the leg. Police said they wrecked the BMW.
The suspect was taken to a local hospital and authorities do not believe their injuries are life-threatening.
Carl Mock, killed by grizzly bear, from gofundme.com.
On April 15, 2021, Carl Mock was attacked by a grizzly bear, just outside of Yellowstone park. Mock was an accomplished woodsman and guide. He did not have a firearm with him. He had bear spray. He used the bear spray, but was fatally injured.
This correspondent, with questions directed to Montana Fish and Wildlife Morgan Jacobsen, was able to determine bear spray had been used in the incident. Initially, the use of bear spray was reported as unknown by ktla.com:
Mock when attacked had bear spray — a Mace-like deterrent meant to protect against attacks — but officials said they did not know if he managed to use it. Bear spray canisters have safety tabs to prevent them from going off accidentally and the safety tab on Mock’s bear spray was off, Jacobsen said.
Eight months later, the investigation of the incident is over.
Ktvh.com reports the investigation confirms bear spray was used. Although the attack was fatal, the lead investigator, Hillary Cooley, is reported as characterizing the use of bear spray as helpful. From ktvh.com:
Cooley says the incident again shows the need for safety precautions, even close to town. While bear spray helped curtail this attack, carcasses can present a real hazard in grizzly country.
Another report indicates the full can of bear spray was discharged in the incident. From gohunt.com:
Investigators say he had brought fishing gear and a camera to the closed campground and likely the surprised the grizzly bear around 3:30 p.m. He was able to discharge a full can of bear spray during the attack and call 911 to report where he was.
The full investigative report makes clear the bear spray was deployed against the grizzly bear during the attack. From the full investigative report:
Due to the empty cannister of bear-spray and the bear-spray residue on the bear carcass(hair), Mr. Mock had obviously been aware of possible grizzly bear encounters in the area and had deployed his bear-spray at the bear. It is not known if he bear-sprayed towards the bear prior to the bear contacting him or at what points during the attack he used the spray. During field and lab investigations, it was confirmed that the bear had substantial bear-spray residue on its hair. Additionally, the overall effects of the bear-spray to the bear are not known but the bear had quit attacking Mr. Mock, indicating the bear was affected by the bear-spray.
It is common for grizzly bears to stop attacking humans after the human stops moving.
A diagram of Mr. Mock’s personal items at the attack site can be viewed in Figure 2.The bear-spray can was empty and investigators assumed Mr. Mock had likely sprayed the entire can of bear-spray.
Recommendations from the report on self-defense:
* Carry and know how to use self-defense....bear-spray and or firearms
It is always recommended to carry bear-spray even if individuals carry firearms.
The report identifies the bear spray used:
*The can of bear spray was the UDAP brand, 7.9ounce, Expiration 12/2023 S/N P1711-071135).
The investigative report includes an aerial photo-diagram which shows how close the bear attack occurred to populated areas.
A digital camera with a telephoto lens was recovered at the attack scene, but no photographs of the Baker's hole campground area were found on the memory card for the camera. The moose carcass found 47 yards from the attack site was not noticed by the Search and Rescue team or by the helicopter during the initial rescue and recovery of Carl Mock.
This attack is one of a growing number where bear spray was used by the victim, and the victim was killed. Others include the killing of Daniel Schilling in Alaska and the Mark Uptain tragedy in Montana. There are others where bear spray was used by other people, but the victim was still killed, such as the death of Erin Johnson in the Pogo mine incident in Alaska, the death of Stephanie Blais in Saskatchewan, Canada.
These incidents reveal bear spray to be far from the cure-all initially claimed in numerous early articles. Those articles were based on inappropriate comparisons of studies involving firearm effectiveness and bear spray effectiveness in wildly different conditions.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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