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MILLER: Exclusive Shock verdict Mark Witaschek guilty of possessing muzzleloader bullets
The Washington Times ^ | March 26, 2014 | Emily Miller

Posted on 03/26/2014 3:21:02 PM PDT by jazusamo

Full title: MILLER: Exclusive — Shock verdict — Mark Witaschek guilty of possessing muzzleloader bullets in D.C.

… while NBC’s David Gregory got off scot free

In a surprising twist at the end of a long trial, a District of Columbia judge found Mark Witaschek guilty of “attempted possession of unlawful ammunition” for antique replica muzzleloader bullets.

Judge Robert Morin sentenced Mr. Witaschek to time served, a $50 fine and required him to enroll with the Metropolitan Police Department’s firearm offenders’ registry within 48 hours.

Outside the courtroom, I asked Mr. Witaschek how he felt about the verdict. “I’m completely outraged by it,” he said. “This is just a continuation of the nightmare. Just to sit there. I could not believe it.”

Shaking his head, he added, “None of these people know anything about gun issues, including the judge.”

His wife Bonnie Witaschek was crying. “It’s just so scary,” she said. “You never think you’ll end up in a situation like this, but here we are.”

Mr. Witaschek’s attorney Howard X. McEachern shook his client’s hand and said, “We’re not done.” Mr. McEachern plans to appeal the decision.

I asked the defense attorney for his opinion of the verdict. “Clearly the judge thought that this was overkill — the sentence reflects how he felt about the prosecution of this case,” he replied.

Click here to read about the first half of the day of trial when Mr. Witaschek took the stand in his own defense.

Until the final hours of the trial, both the defense and government focused the case on whether the single 12 gauge shotgun shell that was found in Mr. Witaschek’s D.C. home was operable. The judge, however, never ruled on it.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: District of Columbia
KEYWORDS: banglist; bonniewitaschek; bullets; conical; davidgregory; districtofcolumbia; howardxmceachern; markwitaschek; muzzleloader; robertmorin
A total travesty of justice.
1 posted on 03/26/2014 3:21:02 PM PDT by jazusamo
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To: jazusamo

it sure is a travesty of justice.


2 posted on 03/26/2014 3:23:19 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11))
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To: ColdOne

It is less a travesty than it is a tyrannical force of corrupt authority aimed at a political adversary. There is no more proof that the Constitution is dead than was evidenced in this trial.


3 posted on 03/26/2014 3:26:00 PM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: jazusamo

Your honor, my client actually believed at the time he was David Gregory.

Judge - case dismissed!


4 posted on 03/26/2014 3:26:51 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: jazusamo

They should melt down tire balance weights in the court room into a mold and show the judge how stupid he is.


5 posted on 03/26/2014 3:27:44 PM PDT by DainBramage
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To: jazusamo
"Judge Robert Morin"

On the list.

6 posted on 03/26/2014 3:28:19 PM PDT by Paladin2
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To: jazusamo

Yet another in what has become an endless line of Moron Judges.


7 posted on 03/26/2014 3:28:53 PM PDT by Jack Hammer
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To: Louis Foxwell

Sadly you are very correct.


8 posted on 03/26/2014 3:29:34 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11))
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To: DainBramage

It really is hard to imagine a judge this stupid and unwilling to use any common sense.


9 posted on 03/26/2014 3:30:25 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: Paladin2

For something really special.


10 posted on 03/26/2014 3:31:17 PM PDT by Noumenon (Resistance. Restoration. Retribution.)
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To: jazusamo
OH THE HUMANITY!!!!!!

Image and video hosting by TinyPic
11 posted on 03/26/2014 3:33:04 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: cripplecreek

Those are Fishing sinkers Judge!


12 posted on 03/26/2014 3:35:51 PM PDT by DocJhn
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To: jazusamo

This is the country Michelle Obama is proud of?


13 posted on 03/26/2014 3:36:18 PM PDT by GBA (Here in the Matrix, life is but a dream.)
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To: jazusamo

“attempted possession of unlawful ammunition” ETF? “attempted”?????


14 posted on 03/26/2014 3:36:36 PM PDT by mad_as_he$$
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To: jazusamo

How do you go about “attempting possession”?


15 posted on 03/26/2014 3:39:42 PM PDT by headstamp 2 (What would Scooby do?)
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To: mad_as_he$$; headstamp 2
This judge should be arrested for attempted stupidity.
16 posted on 03/26/2014 3:42:32 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Is there a pic of this thing?


17 posted on 03/26/2014 3:43:20 PM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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A judge “attempting” to apply Constitutional law. Fail.


18 posted on 03/26/2014 3:46:21 PM PDT by Gene Eric (Don't be a statist!)
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To: jazusamo

Sounds like people in DC need to exercise their 2a rights. People wouldn’t pull crap like this where I live becuase they know they would be dead.


19 posted on 03/26/2014 3:49:49 PM PDT by ConservativeInPA (We need to fundamentally transform RATs lives for their lies.)
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To: Jack Hydrazine
There's no pic in the article but here are some Knight muzzleloader bullets and sabots.

Bloodline Bullets

Bloodline Bullets
Red Hot® Bullets
Red Hot® Bullets
Boat Tail Bullets
Boat Tail Bullets
Other Bullets
Other Bullets
Sabots

20 posted on 03/26/2014 3:51:37 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: Jack Hydrazine

“Is there a pic of this thing?”

They look something like this: http://www.hornady.com/store/50-Cal

Judge dufus said “ well that’s not a musket ball” even though it was still intended to be fired from a muzzle loader and found the guy guilty of possessing ammunition for a gun he WAS allowed to have in DC.


21 posted on 03/26/2014 3:52:12 PM PDT by thorvaldr
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To: jazusamo

So, if someone goes to one of the many Civil War battlefields in Virginia or Maryland and buys one of the salvaged bullets that they sell in the gift shop, and takes it back to D.C., they will be committing a felony?!?


22 posted on 03/26/2014 3:53:48 PM PDT by Boogieman
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To: jazusamo

“Until the final hours of the trial, both the defense and government focused the case on whether the single 12 gauge shotgun shell that was found in Mr. Witaschek’s D.C. home was operable. The judge, however, never ruled on it.”

Is there such a thing as a muzzle-loaded, 12 gauge shotgun shell?


23 posted on 03/26/2014 3:54:04 PM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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To: thorvaldr

Not just allowed to have in D.C., but pretty much the one type of gun you are allowed to have anywhere in the country, under Federal court rulings.


24 posted on 03/26/2014 3:55:48 PM PDT by Boogieman
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To: Jack Hydrazine

No, the 12 ga shell was inert, it had no primer and had no connection to a muzzleloader.


25 posted on 03/26/2014 3:58:27 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

This whole article reads like a Kafka story turned into a Three Stooges movie.


26 posted on 03/26/2014 4:02:40 PM PDT by LegendHasIt
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To: headstamp 2; All

“How do you go about “attempting possession”?”

They changed the charge to “attempted possession” to avoid a jury trial. The original charge was a felony and the defendant could have forced a jury trial.

I do not think that there is an “attempted possession” law on the books, but there may be some sort of cover all law that allows charges to be brought for “attempted” anything.


27 posted on 03/26/2014 4:03:03 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

Exactly how is a muzzle loader projectile ammunition? Seems you’re short a couple of items.


28 posted on 03/26/2014 4:04:47 PM PDT by Tijeras_Slim
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To: Gene Eric; All

“A judge “attempting” to apply Constitutional law. Fail.”

This might be a good case to take to the Supreme Court on Ammunition. I think the DC law is the only one like it anywhere in the Nation. It might be used to build second amendment precedence.


29 posted on 03/26/2014 4:05:20 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: DainBramage
They should melt down tire balance weights in the court room into a mold and show the judge how stupid he is.

Bolshevik! All that need be done is take a knife and slice a groove in supposed bullet, WALLA! fishing weights, thats my story and I'm sticking to it, prove that their not! Of course being of the proper weight and diameter they might also function in a muzzleloader but I can't help that.

30 posted on 03/26/2014 4:06:06 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Tijeras_Slim

“Exactly how is a muzzle loader projectile ammunition? Seems you’re short a couple of items.”

The stupidity of the law is what makes it a potentially good test case.


31 posted on 03/26/2014 4:08:08 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

I worked in DC’s war zone during the height of the “crack wars” around 90-91. 55 people were shot and killed within 5 blocks of my facility in one year. Good thing there were gun laws.

PS: I carried a 2 1/2” Smith Model 19 most of the time... off the books.


32 posted on 03/26/2014 4:11:42 PM PDT by Tijeras_Slim
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To: Tijeras_Slim
If one considers the blunderbuss, the paperclips on the judge's bench are muzzleloader ammo - as well as any broken glass in the parking lot, the buttons on people's shirts, gravel, rock salt, marbles, nails, screws, nuts, bolts, skittles...

...in fact, by this ruling, it's pretty much illegal to attempt to possess anything in D.C.!!

33 posted on 03/26/2014 4:17:24 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: jazusamo

Where was the NRA and the GOA in this idiocy?


34 posted on 03/26/2014 4:37:43 PM PDT by vetvetdoug
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To: jazusamo

Judge Morin is a moron. Probable for the 10th time.


35 posted on 03/26/2014 4:43:52 PM PDT by VeniVidiVici (Play the 'Knockout Game' with someone owning a 9mm and you get what you deserve)
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To: jazusamo

We are now , and have been since November 4, 2008, a Banana Republic. Laws no longer are equally enforced. They are enforced on their political enemies by the Party in power. The law is now used to intimidate, control, and suppress the peasant. This happened with the full consent of a majority of the Governed. They gleefully traded their birthright for a bowl of Government stew.


36 posted on 03/26/2014 5:23:33 PM PDT by sport
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To: jazusamo

Why anyone would want to visit that hellhole (Washington) is beyond my understanding.


37 posted on 03/26/2014 5:27:55 PM PDT by OldPossum ("It's" is the contraction of "it" and "is"; think about ITS implications.)
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To: sport

Your statement is correct in all regards excepting the year listed. All of that was in effect long, long before you and I were born. Sadly.


38 posted on 03/26/2014 5:45:50 PM PDT by chulaivn66 (Semper Fidelis)
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To: Tijeras_Slim
PS: I carried a 2 1/2” Smith Model 19 most of the time... off the books.

First they stopped making Colt Pythons and Detective Specials, then the old school J and K frame Smiths. Now it is all about auto pistols, but I still love the old wheel guns. (My 1911s understand...)

39 posted on 03/26/2014 7:41:46 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: jazusamo

10 ga muzzle loading shotgun my dad owned & used on geese (not a modern, nor a replica) used a wide variety of “ammunition”:

FFFG black powder, plus
1) lead shot;
2) glass marbles (kill a deer easily; penetrate 3” of hard fir at 50 yards and not break the marbles);
3) 1/4” ball bearings—with a double charge, would bring down geese that laughed at 12 & 10 gage magnums.

I would love to hear how the persecutors and judge would react to the marbles & bearings.


40 posted on 03/26/2014 9:29:00 PM PDT by ApplegateRanch (Love me, love my guns!©)
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To: jazusamo

Yet Phillip Thompson, aide to Democrat Senator Jim Webb, tries to take a loaded handgun into a Senate Office Building, but walks away with no charges.


41 posted on 03/27/2014 5:06:21 AM PDT by Hoodat (Democrats - Opposing Equal Protection since 1828)
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To: ApplegateRanch

I’d pay to see a defense attorney put on that demonstration to this judge and the idiot persecution and then the look the judge gives them.


42 posted on 03/27/2014 9:31:19 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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