Posted on 09/25/2023 3:37:27 PM PDT by marktwain
On September 21, 2023, a detention hearing for Gabriel Metcalf was re-opened, with a motion granted to the defense by Judge Cavan. The prosecutor, Thomas K. Godfrey, had opposed the hearing, claiming there was no significant change of information from the initial detention hearing held on August 24, 2023. At the end of the hearing, Judge Cavan released Gabriel on his own recognizance, with restrictions, to his mother’s home at 430 Broadwater Avenue in Billings, Montana, where he has lived for the past decade and more.
Vivian, Gabriel’s mother, and a neighbor who owned a gunshop next to Vivian’s alterations shop were in attendance to lend moral support. Russell Hart, the Federal Defender who is Gabriel’s counsel in this case, was the star of the hearing, with Gabriel putting in a strong, supporting performance.
The hearing started at 0900 at the federal courthouse, with Judge Cavan presiding. Having Judge Cavan agree to hold the hearing was a significant victory. The brief by Russell Clark was brilliant. Without accusing anyone of directly lying, he showed how the initial pre-trial detention decision was obtained with partial and misleading information, implying Gabriel was mentally incompetent.
The defense presented a sealed report of psychological investigation. It showed Gabriel was not incoherent or psychotic. In fact, he was coherent and rational. His fear for his safety was found to be sincere and reasoned. Hart presented documents to show the evidence and testimony at the initial detention hearing were misleading. Gabriel’s fears had a real basis, with a name and documentation showing a real threat.
(Excerpt) Read more at ammoland.com ...
Interestingly, a warrant was found for Gabriel.
Yet another unconatitutional law allowed to stand.
The constitution is dead, folks and it died decades ago.
As far as I can see this guy was carrying a gun outside his house because there had been burglaries and he was investigating or whatever. The house was near a school, so he was held without bail for violating a gun free school zone.
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