New York City: Outlawing Self-Defense

frontpagemag.com ^ | 6.28.03 | Michael Tremoglie

[freepatriot32]

As a cop, I was taught that deadly force is permitted to protect one’s own life or the lives of others. That simple precept of justice seems to have been forgotten by King’s County (Brooklyn) District Attorney Charles Hynes.

Hynes conducted not a prosecution, but a persecution, of Ronald Dixon - a man who acted within the tenets of the law to protect his family from a criminal.

Awakened in the middle of the night by a burglar Dixon did the only thing he could do: He shot him with a legally purchased a handgun. However, that firearm was legally purchased in Florida. Dixon was in the process of having it registered in New York when the incident occurred. He had paid $500 to a firm to have it registered in New York, where gun laws have a Byzantine complexity. The firm subsequently went bankrupt and the application was not completed. Because it was not yet registered in New York State, technically Dixon possessed the gun illegally.

The facts of the case are not in dispute. Hynes has acknowledged this:

“We’re not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun.”

Regardless of the danger Dixon’s family faced, DA Hynes wants is to send this Navy veteran and father of two, who has never before been had a single encounter with the law, to jail -- the same jail, Rikers Island, as the burglar who robbed him! The burglar has nineteen prior arrests for criminal trespassing, burglary, and attempted assault. (Ironically, for the burglar’s first conviction he received probation). Ron Dixon, a law-abiding citizen, is going to jail because he tried to protect his family from this burglar.

DA Hynes has discretion as to whether to prosecute a case or not. Rather than save the taxpayers money – and a veteran’s family untold trauma – Hynes threatened Dixon with a lengthy prison sentence if he did not accept a plea bargain. Ron Dixon will still spend three days in jail, but the conviction will not appear on his record. He will, thankfully, still be able to vote and own a firearm. But why should such a citizen be harassed with three days confinement for preserving his family's life?

Contrast Hynes’ attitude in this case with a less politically correct target: a mother who scalded her four-year-old child to death. In that case, Hynes declined prosecution altogether, instead returning the mother’s remaining children to her loving custody.

Nor was this the first instance of Hynes combining fatuity and fanaticism with gun-laws. Three years ago, he authored a gun purchase program for his district in Brooklyn. The program offered $250 for each gun citizens would turn into the authorities. It was an immediate success-which was no shock to anyone who knew anything about guns. The state was offering more money for used handguns than new ones cost in most southern states. Hynes cohort in this program, Senator Schumer, issued a report that indicated most guns used in crimes in New York City were purchased in Mississippi and Texas. No wonder they must have been bringing in guns by the thousands to be sold.[1]

Hynes seems to be driven by his ideology more than the law and common sense. Hynes was once quoted as saying that “If you’ve got one person sitting in jail that shouldn’t be there, the system has done a terrible thing.” [2] Does this not apply to Ron Dixon? I learned another thing as a cop: “It is better to be tried by twelve than carried by six.” Dixon should have opted for trial. I doubt that any twelve Brooklyn citizens are as delusional as the Brooklyn DA. Dixon would never have been convicted.

This entire case recalls the case of poor Tony Martin, a middle-aged British man sentenced to prison for accidentally shooting an intruder in self-defense, then denied parole on the grounds that he represented "a threat to burglars."

The actions of Charles Hynes are unconscionable. This injustice can only be remedied - and must be remedied immediately - by New York Governor George Pataki. If ever there was a case that shouted for a pardon from the governor, this is it.

[freepatriot32]

must be remedied immediately - by New York Governor George Pataki.

yeah right that will never happen hes a bigger political p***y then george bush

[jmc813]

ping

[sheik yerbouty]

Charles Hynes has for almost twenty years, been the hatefil prince of PC.

[SwinneySwitch]

“We’re not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun.”

Fine, let's go to a jury trial, DA(Dumb A$$) Hynes!

[Sonny M]

Dixon should have opted for trial. I doubt that any twelve Brooklyn citizens are as delusional as the Brooklyn DA. Dixon would never have been convicted.

With all due respect, this writer doesn't know all the facts of the case, essentially Hynes lowered the charge so that there would be no jury trial. By essentially stripping Dixon of a jury of 12, and putting a small but never the less longer then 3 day jail sentence as punishment, he basically extorted him into a plea.

[GigaDittos]

Better yet, "Mr Hynes, read the Second Amendment you stupid A-Hole!"

[CROSSHIGHWAYMAN]

Since you don't need a license to own a sword, I encourage everyone interested in protecting his own home to get one.

For close-in fighting....in the dark....where you know the terrain, a sword is a better weapon than a handgun.

A sharp blade will quickly "disarm" an intruder without killing him.

[A Navy Vet]

Better to be judged by 12 than carried by six.

[ItsOurTimeNow]

I agree.

I have several.

[Sonny M]

Better to be judged by 12 than carried by six.

How being judged by just one? That was Dixon's only option, he was not going to get a jury trial.

[Sonny M]

Since you don't need a license to own a sword, I encourage everyone interested in protecting his own home to get one.

Try having a sword in NYC and see what happens if the cops know it. Our penal code is like 18 pages on whats banned in regards to swords, knives, daggers, etc.

[freepatriot32]

so what exactly is legal in new york are you at least allowed to make a cross with your index fingers when a burglar is trying to kill you and your family or is that a no no too ?

[Sonny M]

so what exactly is legal in new york are you at least allowed to make a cross with your index fingers when a burglar is trying to kill you and your family or is that a no no too ?

I don't think its illegal, but he may sue you. My family got sued by a burglar who stepped on a rake (I know, like the cartoons, it does happen in real life), he broke his nose, got caught, and sued us.....and also included loss of income as part of the damages he sought.

Thankfully, he lost his case, and we pressed charges. Never the less, NYS's legislature is at best, idiotic, at worst, evil.

[Redbob]

You'd probably be surprised to learn that, even here in Texas, if you've got a baseball bat in your car, you'd better also have a glove - and be on the way to or from a game!

[ffusco]

...and a big foam finger, wearing a cup, spitting char and scratching yerself!

[Dark Wing]

FYI

[Houmatt]

Does anyone recall the name of Bernhard Goetz?

This Hynes guy is a true afthole.

[Centurion2000]

You'd probably be surprised to learn that, even here in Texas, if you've got a baseball bat in your car, you'd better also have a glove - and be on the way to or from a game!

It is rather odd that Texans can carry rifles and shotguns in their vehicles with no issues at all; pistols with a CCW, but clubs, knives and tomahawks (yes they are explicitly mentioned in the code) are banned.

[Conservative til I die]

As a NY'er this story is already old news, but I find hilarious that contradictory quote about having the right shoot someone in self-defense yet not being allowed to own a gun.

[Thud]

My understanding is that the U.S. Constitution guarantees a jury trial for any charge which is punishable by jail. States can regulate the terms of the jury - some have smaller juries for offenses punishable by less than a year's incarceration, but IMO they can't deny a jury trial if jail time is involved.

[Sonny M]

My understanding is that the U.S. Constitution guarantees a jury trial for any charge which is punishable by jail. States can regulate the terms of the jury - some have smaller juries for offenses punishable by less than a year's incarceration, but IMO they can't deny a jury trial if jail time is involved.

To be honest with you, I can't explain it either, but DA Hynes conceded that no jury would convict Dixon, some of the papers here wanted the whole thing dropped, but he reduced the charges and was able to move that the dixon would have faced up to a year in jail. I don't know the legal hows, but Hynes was very public about it, and Dixon was dead in the water if that went to a judge.

[GovernmentShrinker]

He had paid $500 to a firm to have it registered in New York, where gun laws have a Byzantine complexity. The firm subsequently went bankrupt and the application was not completed. Because it was not yet registered in New York State, technically Dixon possessed the gun illegally

The author obviously doesn't know much about New York City gun laws. Most applications to possess a gun -- not carry, just possess in one's home of place of business -- are rejected. This firm that Dixon shelled out money to sounds like one of those phony "credit repair" outfits.

[graycamel]

I'd move out of NYC the day I got out of jail. And I'd take a whiz on the ground as I left.

[kAcknor]

Bang!Bang!... Bang!

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[Shooter 2.5]

Write on a blackboard one hundred times:

DON'T BRING A KNIFE TO A GUNFIGHT!

[<1/1,000,000th%]

Looks like NY wants to take the title of "Murder Capitol of the World" from Chicago.

[Tailgunner Joe]

bang

[hellinahandcart]

Dixon is a legal resident and a Navy vet, but he's not a citizen.

That's why he took the deal. If there was a felony conviction on his record he might have lost his green card.

So this business of "he can still vote" is in error.

There's another case here of a legal resident from the Dominican Republic, Jose Acosta, who shot and killed a serial armed robber in a bodega. Same deal, he's facing jail and then deportation for doing the neighborhood a big favor.