Posted on 07/22/2005 9:02:56 PM PDT by CHARLITE
Using a gun to resolve an argument is a good way to kill, be killed, or end up in prison.
Though no shots were fired and no one was hurt, the Dunn man who threatened a restaurant manager with a gun could face a quarter century or more in prison if he is prosecuted by the federal government as anticipated, said Dunn Police Det. Anthony Poppler.
Major Alexander Newkirk III, 19, of 51 Saturn Drive, Dunn, is in the Harnett County Jail after being arrested Monday on charges of communicating threats, assault by pointing a gun and possession of a firearm by a felon. He has a prior criminal record dating back to 2002 for larceny, communicating threats and marijuana possession.
Mr. Newkirk is accused of pulling a gun on the Pizza Inn manager after Mr. Newkirks sister complained the manager allegedly touched her inappropriately.
Pizza Inn Vice President Fred Rhodes said there is no evidence to support 17-year-old Krystal Newkirks claims against the manager, Ronnie Lynn Norris. Miss Newkirk no longer works at the restaurant. And contrary to what customers said, the gun was never fired in the restaurant, Mr. Rhodes said.
Police also say there is no evidence shots were fired.
Weapons Use
Mr. Rhodes said its unfortunate when people resort to weapon use to solve disputes. The good part is that the man is behind bars, he said.
Its part of their daily lives, he said. There are things we have to live with because were in a society today where people settle things with guns instead of fists.
We didnt cause it to happen, but we were the victim our business was the victim because of this, Mr. Rhodes said.
Det. Poppler said more people are using guns to settle disputes.
Guns are more readily available on the streets now than 10 years ago, and people are readily going to a firearm instead of handling a dispute verbally, Det. Poppler said. It produces fear, intimidation and control.
Most disagreements begin verbally, but if weapons are present they can easily become deadly, Det. Poppler said.
For example, a domestic violence situation starts verbally, then a slap, then they might brandish a weapon, then eventually end up shooting them, he said.
Right To Defend From Deadly Force
Det. Poppler said a person has the right to use a firearm for defense when an attacker attempts to use deadly force. But the situation at Pizza Inn and the alleged road rage shooting at Wal-Mart four months ago could have been avoided, he said.
They should have called 911 and gotten the police there to take care of the situations, Det. Poppler said.
Such acts are further incited by violent pictures on TV and lyrics in rap music, Det. Poppler said.
The media portrays this activity in rap videos and movies and teaches our youngsters to use weapons, he said. They try to make role models out of rap music artists, and basically saying that such behavior is acceptable.
Firearm violence can lead to a lengthy prison sentence, Det. Poppler said.
Dunn Police Department uses the Project Safe Network sentencing guidelines, he said. The person can be charged with any three offenses, and the average sentencing is 20 years to life. They will serve the time day for day.
There are also guidelines for gang, criminal and drug activity. Det. Poppler has experience with firearms charges as the former police chief in Angier.
In Angier while serving on the police department, we federally indicted 17 people, and the average prison time was 12 years. We now have federal indictments pending on multiple offenders in the City of Dunn, he said.
Det. Poppler said the four individuals involved in the armed robbery at Friedmans Jewelers, if convicted, are looking at life in prison.
Mr. Newkirk is likely to be prosecuted by the feds, Det. Poppler said.
We have contacted the Bureau of Alcohol, Tobacco and Firearms, and we have individuals cooperating with the investigators, he said. The individual (if convicted) is looking at 25 years to life in prison, and will actually serve the time. The state charges will be dropped once the federal agent has the indictment in hand. Then the case will be pursued on the federal level.
Det. Poppler said he is not aware of any local lawyers who represent defendants in federal court.
To my knowledge, there is no attorney in Harnett County that can represent an individual in federal court. The average retainer is $10,000 and thats even with a plea. And even if they work out a plea deal, the person will serve from 50 to 75 percent of the sentencing, Det. Poppler.
The guy had a felony conviction therefore he could not legally own or be in possession of a handgun must less have a CCP.
It is a federal crime for anyone who has been convicted of a felony to try to buy, own or be in possession of a handgun.
I assumed there was a valid reason he was not charged with that.
Only if the firearm had been "shipped or transported in interstate or foreign commerce." [ 18 USC section 922(g) ]
Most of the Federal gun-control laws are based on interstate commerce.
I had a very similar experience in 1996. A group of punks (clearly high school age) tried to force me off the road as I was on the way home from my gun club meeting. I attempted to elude them (safely in traffic--almost an oxymoron). When I had no more room, I drew my .45 and they disappeared. I was greatly relieved. I could imagine the headline: Public School Teacher Wipes Out Students!
Thanks for the early Saturday morning comic relief! Blackbird.
You're welcome. BTW, you don't have to sign your name twice. Once is plenty.
I'll sign my name as many times as I care to, thank you very much for the concern though! Blackbird.
I'll sign my name as many times as I care to, thank you very much for the concern though! Blackbird.
I guess your next complaint will be a double Post? Blackbird.
I noticed going through your old posts that you do that a lot! Is that some kind of desperate attempt to make a point, or do you just have a problem with computers?
You're wrong. The crucial requirement missimg from the account of this scenario is "control", or more precisely in this case, "self-control".
Both guns and anger can be useful tools as long as they are kept under proper control.
No Einstein, it happens to be a problem that plaques FReepers from time to time. Of course, you knew that didn't you? Blackbird.
Didn't see any of you pinged on this. Seems like a lousy way to settle a verbal altercation.
That's great; it's with good reason that you're much calmer. That's as it should be. It's like clothing: you're calmer and more confident (and less self-conscious) when you have some on -- especially if it's appropriate to the occasion.
I do too. 2 reasons: 1) it's more matter-of-fact, less novel; and 2) MAD (not anger, Mutually-Assured-Destruction, a doctrine that worked for 40 years between us and the Soviets).
No, you're wrong (normally, I would not say that to a person in the context of a friendly FReeper discussion, but since you became judge and jury over me, I reciprocate). You're right that guns are tools. So are hammers and chainsaws. When you use them in anger, things get busted and people get hurt -- and there is much regret afterward, in a more sanguine moment. Frankly, the only time I can see a positive use for anger is when a feat of strength is required and you psych-up, with anger, against the obstacle, such as a record-setting lift or an opposing lineman on the other side of the ball. Please don't be angry when you have a gun (and I hope I haven't made you angry).
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