Posted on 06/21/2007 6:02:55 PM PDT by texanyankee
A seventeen year old male that had been charged with a third degree felony of deadly conduct with a firearm was acquitted last Tuesday, June 12.
District Judge Jana Whatley issued a directed verdict of acquittal for the defendant. The charges read that on Dec. 17, 2006 the defendant knowingly discharged a firearm at or in the direction of two individuals.
According to court records the directed verdict of acquittal was issued because the state did not prove the 9 mm Beretta was a firearm.
Assistant District Attorney Tiffany McWilliams granted the word ‘firearm’ was not used during the proceedings and the weapon was referred to as a gun or a Beretta. However McWilliams argued the state “did not have to prove it was a firearm because it was never called into doubt in evidence.” According to George West Police Chief Ray Garcia, “The only time a clarification is necessary to establish if the weapon is a firearm or deadly weapon is when something like a pellet gun or paintball gun is introduced as evidence.”
The defendant’s attorney Jeff Mulliner of San Antonio said via a telephone interview, “The statue is very clear.” Whatever the state alleges in the indictment they must prove. In this case the indictment stated the defendant knowingly discharged a firearm at or in the direction of two individuals. Yet the term firearm was never used. Mulliner went on to say, had the district attorney asked Garcia anytime during the proceedings, ‘Chief Garcia, the gun you are holding, is that a firearm?’ there could have been a different outcome. In any case, Mulliner felt confident the defendant would have been exonerated because he felt there was “not sufficient evidence to find him guilty”.
Court records indicate there is a co-defendant that awaits trial. Further investigation proved the co-defendant, also seventeen years old, is the defendant’s cousin. The defendant joined the Army in April and will report for duty immediately.
Jeff Cooper is smiling from heaven.
ping!
Without knowing why he discharged said firearm in the direction of two men I cannot determine if the lawyer & judge are nutty or if they are heros.
is this that same judge who didn’t know what the internet was?
I dont know the background on the “suspect” or the judge to give you a good answer.
But I do know there is a past history of funny stuff that goes on with some certain long-time residents in that town & county that allows them to skirt.
I have one of those on my mantel. I think it's acrylic.
lol....nah, I think that was in a different state.....
"Yeah. It's a sculpture of limitations!"
Exactly. A win for the second amendment or a defeat for common sense?
LOL! I didnt catch that one....
Hahaha! Good find.
“The statue is very clear.”
It appears she ran as a Republican.
The author probably went to a government school where English proficiency is not a high priority.
I'm a victim of soicumstance!!!!!!!
Talk about a monumentally transparent argument.
So did I. However English proficiency was a high priority. I scored a perfect 800 on the English portion of the SAT.
My Mother is sweet, but she is not as smart as some and is no teacher. I am glad I went to a government school for that reason alone.
My father even though a Korea Veteran is not big on firearms so I am glad I did not depend on him for that type of training either.
To disparage everyone that went to government school is a real slap in the face to many people. My daughter has one more year in government school. She also has a 3.8 GPA and three letters in sports. I think that she will do just fine.
Has to have a single digit IQ and/or she has been bought off.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.