Posted on 07/12/2012 12:39:09 PM PDT by marktwain
A Troy man who carried a rifle around downtown Birmingham in April learned Thursday that six jurors agreed with him: He did not break the law when he carried his gun.
Jurors deliberated Thursday morning at 48th District Judge Marc Barron’s courtroom, deciding the case against 18-year-old Sean Combs.
Combs was charged with brandishing a weapon and disturbing the peace. An obstructing police charge was thrown out after Combs’ attorney, James Makowski, voiced a motion for a directed verdict, stating prosecutors “have presented absolutely no evidence to set the charge of brandishing nor have they presented any evidence (for the charge of resisting or obstructing).”
Barron upheld the brandishing charge but dismissed the obstructing charge.
Deliberations began about six hours after the trial began.
The case revolved around an April 13 incident, in which Combs was stopped while carrying an antique World War II-era M1 Garand rifle around downtown Birmingham.
During testimony Wednesday, Combs, who was given the rifle as a gift from his brother, said he was simply exercising his Constitutional rights.
Combs’ girlfriend, Leah Grabowski, took the stand Wednesday afternoon. She said Combs picked her up around 7 or 8 p.m. that night to see a movie at the Birmingham Palladium.
The pair had about 90 minutes to kill before the film began, and Combs decided to open carry his rifle, which he recently received as a gift from his brother.
From the article
“I had no problem with him having the gun,” Birmingham Police Officer Rebecca Springer testified.
“If he looked 32 (years old) he would have enjoyed the night.”
Since he did provide ID.. why exactly was he charged if the above was true ?
17= legal to carry without a adult present.
18 = legal to own.
21 for handguns.
There is no minimum age with an adult present.
Let me be the first to say my prediction that the court would fall back to support the stop based on the officer’s assertion that he had a duty to determine Mr. Combs’ age was wrong. It appears Mr. Combs acquitted himself very well even when aggressively confronted by the police. I am very pleased that the judge saw through that ploy and dismissed the only charge that might have given the prosecution traction with a potentially and a “young looking” Defendant. skeptical jury.
Your summry is quite correct, but my question is.. since he was legal to carry the rifle, and proved same why was he arrested and charged if the officers said if he had looked 32 that he would have enjoyed the night ?
Seems that is an admission of false arrest.
“Seems that is an admission of false arrest.”
Exactly, and he should sue them.
I wonder how long it will be before he gets his rifle back.
He’s half way home. In a court room his attorney and the jury have established he was within his Constitutional right. Next, he needs to sue those who drug him into that court room and establish that they were wrong.
And another....
I like news that includes good news.
Sue for wrongful arrest. In Virginia it’s good for about 16K.
Unless he’s doing a lot of his own legal research that $16,000 will not pay off his lawyer and court costs.
Not so. There are 2A lawyers that would do it pro bono to set case precedent, and for their own publicity. It’s an easy case. Also, he can make a deal for percentage: 1/3 is the industry standard.
There is an open carry patriot who rakes in the dough each time he is wrongfully arrested in Virginia Beach.
Not guilty verdict for NOT breaking the law is NEWS?
This should have never gone to trial. The City of Birmingham should get their checkbooks ready if Combs wants to go after them.
Reporters nowadays, sheesh!
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