Legalized Marijuana / Good Idea? / Part 2

In the discussion of legalized marijuana, I want to set aside the medical uses.  I do think that the medical use of marijuana has some merit for certain conditions.  However, I think the whole process lacks proper controls; and is, as a result, out of control.  However, that’s not the topic of the day.

Regarding legalized marijuana for recreational use, I think it’s a bad idea.  I know many of you disagree.  I’m not going to influence, with my opinion, any of the stoners or potheads; or, for that matter, the government legislators ready to rake in additional tax money.  Nor do I feel that I could, under any circumstances, influence the pseudointellectuals who seem to feel that the time has come to legalize pot.

Nonetheless, I do hope that somehow I can touch a nerve with the many responsible parents and grandparents; and that they, in turn, will recognize that legalized marijuana, in its many forms, is not something society needs.

First, regarding the Levy Thamba Pongi situation, one might say that he was an adult and responsible for his own early death at age 19.  I, on the other hand, think that the person or persons (age 21) who purchased the marijuana-laced cookies and other paraphernalia for Pongi’s consumption should be prosecuted for criminal negligence.

More importantly and generally speaking, I believe that responsible adults ought to spend some time thinking about possible consequences.  We will, undoubtedly, be voting on the recreational use of marijuana in Oregon's near future.

If marijuana is legalized, young people and children will have access and consume marijuana products either on purpose, by accident, or furnished them under false pretenses.  Then what?  Are we not as parents and grandparents responsible for what happens to our children and grandchildren?  If not us, then who?  Law enforcement?  The school?

Don’t attempt to rationalize this, or intellectualize it.  It’s simple and it’s up to us.

Is it not true that (Biblical):  They that sow the wind, shall reap the whirlwind.

or if you prefer...

Is it not true that (modernized version):  They that make bad decisions should expect to suffer the consequences.

True Nelson

Legalized Marijuana / Good Idea?

I suppose many of you recently read about Levy Thamba Pongi, age 19, a Wyoming college student.  He and three friends drove to Denver to partake of the now legal marijuana in Colorado.  A friend of his, who was of the required age (21), purchased some of the various products containing marijuana – including some cookies.  The store clerk told Pongi’s friend to divide each cookie into six pieces, and to eat just one piece at a time – apparently giving the consumer the ability to gradually gauge the effects.

Pongi ate an entire cookie.  After a short period of time, he began screaming and throwing things around the students’ shared hotel room.  He then ran from the room, jumped over a railing, and fell four floors to the lobby below.  He died.  Marijuana intoxication was given as the principal factor in Pongi’s erratic behavior and subsequent death.

Several years back when I was working in corporate security for a major forest products company, there was an incident at one of our Northern California facilities.  A young female employee brought cookies to share with the other employees.  The cookies contained marijuana.  This employee was not totally stupid, or perhaps she was, I guess that depends on your perspective.  She did have sense enough to warn employees offered a cookie that they contained marijuana.  Now, keep in mind that this was a lumber and plywood mill with a lot of dangerous equipment.

Another employee, a young male, decided to give one of the cookies to a foreman who he later described as something of a "bad ass."  The young employee thought it would be funny to watch the foreman make a “fool of himself.”  The foreman, an older male in his late fifties, was unaware of the cookie’s contents.

The result was the foreman went into convulsions, suffered near cardiac arrest, and spent several days in the local hospital’s intensive care unit.

I conducted my inquiry and interviewed everyone concerned.  The young female was immediately fired.  During the interview of the young male employee, he seemed unable to grasp the seriousness of what he’d done – stating repeatedly that it was “just a joke.”

I told him that if he thought the foreman was a ‘bad ass’ before, just wait until he returns to work.  However, I said, “You need not worry about that because you’re fired.”  “And, incidentally,” I continued.  "I will be giving a copy of my report to the local Sheriff’s Office.”

“This is a small town,” I told the young man.  “Some people are very angry and you may want to consider relocating.”

To be continued…

True Nelson

Bubba Watson, aka Gerry Lester Watson Jr (Winner Masters Tournament - 2014)

Off theme for my blog, perhaps; but of interest to me.  I belong to an informal group of golfers.  We try and get together to play when the sun shines in the Portland area.  The group’s honcho also organizes a friendly betting pool on major professional golf tournaments.  Yesterday was the final day of the Masters Tournament – a big deal in the golf world.  Although I don’t really spend much time following golf, I always try to enter the pools just for fun.  Surprise, surprise; yesterday I won.  How did that happen?  I picked Bubba Watson to win – which he did.

Actually my associate and good buddy, the same of ‘I Watson’ fame, thought it was a good idea.  I wasn’t so sure.  But, decided to go with it.  Although, I must say that my Mr. Watson slept through most of the tournament.

However, this got me interested in Bubba Watson, the now two-time winning Masters' Champion.  His given name isn’t Bubba, of course.  His name is Gerry Lester Watson Jr., and he was raised near Pensacola, Florida.  He is 35 years of age.  He was a standout golfer in high school and college (University of Georgia).  While in college, he met his wife Angie who was a member of the women’s basketball team.  Incidentally, she is 6’4” tall and Bubba is reported to be 6’3”.

Bubba's Share of the MastersTournament winnings for 2014 is approximately $1.6 million.

Bubba and his wife and child went to the Waffle House for their after tournament celebration.

Bubba sounds like an all-around nice guy.

Congratulations Bubba!

True Nelson

Watson (photo to right) sends his regards, and then decided to take a nap.

Oscar Pistorius Trial / Did He Murder Reeva Steenkamp? / Probably

Most of the information we receive about the Oscar Pistorius murder trial is undoubtedly filtered through American media channels.  It is, nonetheless, an interesting murder, investigation and trial.  Pistorius, a double amputee, known to most of the public as the Blade Runner, stands accused of First Degree Murder in a South African courtroom.  The victim was his girlfriend, Reeva Steenkamp.  Pistorius is currently testifying on his own behalf regarding the circumstances surrounding the night he shot his girlfriend in a bathroom stall.  I won’t try to reiterate the evidence presented and Pistorius’ testimony.  If you’re reading this, you are probably fairly familiar with the trial.

Regarding Pistorius’ courtroom demeanor, I’ve never seen or heard anything comparable.  He has cried, wailed, vomited, agonized, and carried on like no other.

We are either seeing extreme remorse or a potential academy award worthy performance.  It makes one wonder if Pistorius is now, and was previously, a little unstable mentally.  A condition that would have likely contributed to the shooting.

In South Africa, there is no jury.  There is a judge and two ‘assessors’ that assist the judge.  They make the decision.  In a trial like this, with all the drama and involving an iconic South African celebrity, I think the South African system would be more likely than our jury system to arrive at a just verdict.  An American jury might be swayed by Pistorius’ overwrought testimony, but for an experienced, impartial judge that is doubtful.

Based on what I’ve heard of the evidence, I think he will be convicted.  However, the judge may reduce the charge to something less than ‘premeditated.’  Perhaps, murder in the second degree – if they have such a crime.  Murder probably, but murder that occurred during a violent rage without premeditation.

If convicted of anything less, I would wonder if the judge was influenced by the defendant’s popularity in South Africa.  We’ll see what happens.  Apparently, the judge will be required to set forth a detailed analysis of how she arrived at her decision.

True Nelson

Arthur Morgan III (Evil Personified) for the Murder of Teirra Morgan-Glover

Most of us don’t like to spend much time thinking about these things, but we should.  These are the reported incidents that make one question the existence of God.  Do they not?

For the people out there who are against the death sentence for some murders, all I can say is when will you finally awake from your self-satisfied and perpetual apathy?  There is evil among us:  incredible, horrible, inexplicable evil.

In this instance, I am referring to Arthur Morgan III (hopefully, there will never be a 4th).  This creature was recently convicted in New Jersey for the murder of his two year old daughter.  He is expected to receive life in prison without chance of parole.  He’s a relatively young guy so he will probably live many, many years and all at the taxpayers’ expense.

Arthur’s crime was to secure his two-year-old daughter to a child’s car seat, attach a weight to the seat, and then toss this baby girl into a stream where she drowned.  The medical examiner in the case estimated that it would have taken the child approximately three minutes to lose consciousness.

Arthur did this despicable act to hit back at the child’s mother, who was breaking off her relationship with him.

During a police interview, a detective asked Arthur if he said anything to the child before throwing her into the water.  “Yes,” he said.  “I told her I loved her, and I gave her a kiss.”  As he was leaving the crime scene, Arthur recalled, “I still heard some noises.”  “I heard her.  She sounded like she was crying.”  He then immediately beat feet for San Diego.

Are there some of you still out there that are against capital punishment for someone like Arthur Morgan III?  If so, what will it take?

This crime took place in New Jersey.  In 2007, said state abolished the death penalty.  Well, so much for New Jersey’s tough guy image.  You know the one they so proudly run up the flagpole.

Oregon, on the other hand, does have the death penalty, however our Governor, John Albert Kitzhaber, who tragically was ‘neutered’ (figuratively speaking) shortly after reaching manhood, doesn’t have the stomach to enforce Oregon law.

And, for those among you who would like to tell me about God’s ultimate vengeance and/ or forgiveness, don’t bother.  Arthur is probably carrying a Bible everywhere he goes these days.  I’ve seen it before.

True Nelson

Cinthya Garcia-Cisneros, age 19, Convicted for Hit and Run / My Thoughts

 

For those of us who live in the Portland Metro area, the story is familiar.  At approximately 8:00PM, last October, two young girls were playing in a pile of leaves at the side of a street.  ‘Leaf pick-up’ was to be the following morning.  Cinthya Garcia-Cisneros, 18 years of age at the time, on a lark, drove through the pile of leaves on her way home.  Anna Dieter-Eckerdt, age 6, was pronounced dead at the scene.  Her stepsister, Abigail Robinson, died later at a local hospital.  It was a tragedy.

Cinthya knew she had hit something, perhaps a rock she thought or hoped; but continued to her residence.  She undoubtedly suspected something untoward.  Her younger brother rode his bike back to the scene, saw that the two young girls were severely injured, and then rode home to inform his sister, Cinthya.

Cinthya and her boyfriend (who had also been in the car) did not return to the accident scene and report their possible involvement.  And, in fact, they made some efforts to conceal their responsibility including running their car through a car wash.  Cinthya was later identified by law enforcement and arrested.  She has now been convicted on two counts of ‘felony hit and run’ and as an illegal immigrant (brought to the US by her parents at age 4) is facing possible deportation.

The reason this case struck home with me, as I’m sure it has with many others, was due to my recollection of my own youth.  At 17 or 18, I did some really stupid things, often more dangerous and ill-conceived than driving through a pile of leaves along a street.  But, I was lucky.  Generally speaking, no one was seriously hurt by my actions, including me.  Nonetheless, I asked myself:  What would you do if you had encountered the same circumstances faced by Cinthya?

First off, driving through the pile of leaves, I could see me doing the very same thing, at 18, especially if trying to impress a girlfriend.  However, when I was made aware of the injuries, the similarities tend to evaporate at that point.  I would have talked to my parents, and they, I’m sure, would have told me to return to the scene, or taken me to the scene, and had me face the consequences.  If they were not available, I honestly believe I would have returned on my own.  But, I must admit, I was not facing the insecurities and trepidation of being an ‘illegal’ in the country.

I can recall an incident when I was about 7 or 8.  We lived in a somewhat dilapidated rented house in the middle of an orchard.  I had no friends nearby.  Down the drive, about 50 yards, there was a two-lane paved highway.  It seemed like a good idea to a very bored young boy; but I was ‘skipping’ rocks in front of cars – as I hid on the edge of the orchard.  One rock was a little too close to a speeding car.  It bounced up and cracked the windshield.  The car slammed on his brakes.  I ran as fast as I could back to the house, told my mother briefly I had done something terribly wrong and hid in the clothes hamper in my parents’ bedroom.  The driver came to the door, told my mother what happened, and advised that a young boy ran in the direction of our house.

Mom looked at the car.  She then, to my deep gratitude at the time, lied for me.  She said that young kids often played in the orchard and that no young boy lived at their house.  The driver left angry, but apparently did not call the sheriff’s office – as he should have probably done.  No one was injured, but it could have been so much worse.  I got a good scolding.

Did my mother do the right thing?  Probably not.  Did she later doubt herself?  My guess is yes.  She was angry, but never, to my knowledge, said anything to my dad.  Was she, also, frightened by the confrontation involving an irate man?  I believed at the time that she was.  Being a somewhat normal young boy, I did not learn the negative lesson that lying is the way to deal with bad circumstances.  I did learn a lesson that actions often have consequences and that I was responsible for my actions.  I felt guilty that my mother had to lie on my behalf.  More importantly, to my young mind, I hated the idea that she had been frightened over something that I had done.  I never put her in that position again.

Cinthya’s actions were naïve and stupid.  There was no possibility that she would remain undiscovered.  After all, she lived in the neighborhood.  It was an accident no doubt.  All she needed to do was return to the scene.  Consequences there would be, but not criminal charges.

Will she be deported?  I doubt it.  Does she deserve to be deported?  I don’t think so.

However, the question remains:  Why were two young girls playing in a pile of leaves, along a street, after dark?

True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues (Part 2)

A friend referred me to the following article regarding the missing 777.  I thought the article was very interesting and plausible - at least from my perspective.  The article, written by an experienced pilot, suggests a fire on board the flight.

The author of the article describes how a fire might occur, and the probable actions of the crew to save the aircraft.


http://www.wired.com/autopia/2014/03/mh370-electrical-fire/


True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues

We are all fascinated by the mystery surrounding the missing Malaysia Air Flight 370.  I know that I am.

I admit that I know little or nothing about the Boeing 777’s capabilities and security measures.  Furthermore, there have been so many theories and reports, so many contradictions, that even the ultimate experts seem baffled.  Pilot suicide just doesn’t make sense from so many aspects.  Why would the pilot fly for hours contemplating what he planned to do?  Ordinary terrorist attack:  why would they not take responsibility?  Mechanical failure:  based on what we know, that doesn’t seem feasible.

Barring an alien abduction (and I’m sure that some individuals will be presenting that possibility before long), I think, nonetheless, we can say with some certainty that a crime has been committed.  Just what crime, we do not know and may not know for a considerable period of time.

Even if it is determined that the pilots or passenger/s were not directly responsible, there still could be an explanation that too would be criminal.  I will give you an example.  What about the airplane’s cargo?  No one seems to have been talking about that.  Some sort of incapacitating gas could have accidentally or by design escaped from the cargo hold and overcome the passengers and crew.  An effort to turn back could have been the crew’s last attempt to save the airplane before they succumbed.

Could the plane have been carrying an illegal cargo of some kind and did the pilots know it?  Or could the gas have been a test, of sorts, to ascertain a new lethal capability for any number of terrorist groups?  And, if such an act was ultimately duplicated, somewhere in the world, would not this virtually destroy, at least for a long time, the airline industry?  If so, would it not be to a group’s perverted advantage to not claim responsibility – at least not now - perhaps never.

The airplane will be found.  I’m certain of that.  If it crashed into the water, there will be debris that floats, and will be discovered.  Currents will be studied and the potential location of the crash greatly focused.

In the meantime, the mystery has the attention of the world.  And the anguish of the passengers' and crew's families will continue.

True Nelson

U.S. Tax Code / A Criminal Conspiracy?

The U.S. Tax Code:  a criminal conspiracy.  It is not as far-fetched as you might first think.  Sure, it is lawful in the sense that it was enacted, in innumerable ways and on countless occasions, by our duly elected government officials.  But…

The Tax Code was designed to fund the U.S. Government, provide for the National defense, and to provide various, defined requirements of the citizenry, not as a personal resource for political reward.  That said, where is the conspiracy?

I just finished doing my taxes for 2013.  Every time I go through this process it makes me angry.  No, I am not a tax expert.  But, I am somewhat expert in recognizing the prima facie elements of a crime.

Are you aware that our Tax Code is currently 72,000 pages long; and that in 2006 it was about 10,000 pages?  Furthermore, no one person, even very highly paid tax attorneys, understand all aspects of the code, the exemptions, tax advantaged entities, the often undefinable initial reasons for the law, as well as any probable unintended consequences for each aspect.  So, why is it so long and complex, and why don’t politicians change it?  That’s simple.

Politicians have used the Code for personal gain.  How so?  Politicians have two major, self-serving goals and those goals are to stay in office and not be required to relinquish the power that they so love and have become accustomed to.  For decades, they have used the Code’s unfathomable complexity to reward principal donors and prominent constituents; as well as to blatantly use their resultant power to buy votes with the taxpayers’ money.  Look around, the elements of criminal conspiracy for personal gain are readily apparent in the actions of many politicians.  It’s not the Democrats or the Republicans.  It is most politicians with a very few exceptions.  And, if you look at any politician who has been able to maintain their position for more than about ten years (Presidents require less time), you are looking at the perpetrator of conspiracies that would under common law, applicable to the common citizen, be prosecutable.  You might even say that you are looking at a criminal.

If this was not true, honest politicians would simplify the tax code so that everyone could understand it.

That is, of course, never going to happen.

True Nelson

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

         

            Quote attributable to:  John Emerich Edward Dalberg Acton, aka Lord Acton        (1834-1912)

Kyron Horman, Terri Horman, Kaine Horman, Desiree Young / and the Imponderables

I’ve been thinking about some of the imponderables associated with Kyron Horman’s disappearance.  Agreed, there are many; but here are a few that have been on my mind.  Some of you will have others.

• ·      Has the Multnomah County Sheriff’s Office now relegated the Kyron disappearance to the cold case files?  They can’t possibly have one or more deputies currently assigned to this investigation.  Leads must have long since dried-up.  They just don’t seem to discuss it anymore.  Furthermore, what about some of their past edge-of-the-seat comments?  ‘We’ll have more by August.’  Of course, they didn’t mention what year they were talking about.
• 
  
• ·        Why did Desiree give up her civil suit?  It was her one best chance to keep the investigation before the public, as well as develop new information.  Was it about money?  If so, why didn’t she ask for help?  There are attorneys and private investigators who would have probably taken the case pro bono, or on an expense basis only.  But, she seemed to let the opportunity pass without any sort of tangible reason.  I know she seemed to blame it on the Sheriff’s Office and the Prosecutor – and that they wouldn’t turn over their investigative results.  But, let’s be real.  Everyone familiar with the system knew that would be a very long shot.  Also, and I’ve discussed this several times, why didn’t she name the school district in the suit?
• 
  
• ·        What about the child custody case currently before the court – Terri Horman and Kaine Horman?  Under the circumstances, any judge would have to be unhinged to give unsupervised custody to Terri.  That’s just not going to happen.  Even a supervised visit by the estranged mother, Terri, would be disturbing to the child.  Don’t you think?
• 
  
• ·        Did Terri fail one or two polygraph tests, or did she not?  Do we know that for a fact?  And, if so, what part of the polygraph test was she presumed to be deceptive?
• 
  
• ·        Why has Terri Horman refused to consistently cooperate with the inquiry into the whereabouts of Kyron?  Why has she surrounded herself with attorneys and apparently invoked the Fifth Amendment, on more than one occasion, as a shield?  I know she / they claim it is because of the alleged ‘murder for hire’ situation.  I say that is nonsense.   Regarding that particular issue, the SO and prosecutors don’t seem to have any prosecutable case – little more than he said – she said.  No, the MfH claim is a ruse by her attorneys to protect her from talking about the disappearance of Kyron.  If the alleged MfH plot is the sticking point, why doesn’t the prosecutor give her immunity from that charge in exchange for her complete cooperation in the disappearance of Kyron?  No attorneys, no Fifth Amendment, just the complete cooperation of a normally concerned parent of a missing child.  Not a lot to ask or expect.  Is it?
• 
  
• ·        Who is paying for all of Terri’s attorneys?  Her parents?  If so, they must be pretty well-set.  And, why would they be willing to sink their life-savings into a situation like this?  Are her attorneys working pro bono or at a reduced rate?  I doubt it.  Steve Houze is one of the most expensive attorneys in the Portland area; and much of his money he wants upfront.  Why does Terri require a celebrity attorney when other very qualified, less expensive attorneys are available?
• 
  
• ·        Is the Sheriff’s Office inquiry now prefaced on the recovery of a body?  And, if so, how would that change anything?  The only difference is that there is a factual crime, at that point, but there is not, probably, any additional evidence – at least not at this late date.  Depending upon where, when, and the condition of the body - very little evidence will remain.
• 
  
• ·        What’s with the school?  How did they manage to skate free of any involvement in Kyron’s disappearance?  There was no negligence on their part?  None?
• 
  
• ·        If they can’t identify a suspect – they being the SO or prosecutors – who have they eliminated?  They don’t have to necessarily name names, but it seems they could give periodic updates – rather than the vague generalities the public is expected to swallow – unchallenged.
• 
  
• ·        What were the details with the cell phone pings emanating, reportedly, on Sauvie Island and attributable to Terri Horman’s cell phone.  Mere rumor or fact?
• 
  
• ·        Why does the whole issue with David Durham, his shooting of a police officer on the coast, and his subsequent disappearance, without a trace, still hang there like a conspiratorial misfire?  What about his connection to Sauvie Island?  What about Terri’s?  Was there any indication that Terri Horman knew him?  Did they have common friends or associates?  Common habits or pursuits?  Illegal drugs?  Why does ‘disappearing without a trace’ seem like a possible common denominator?  After all, someone, like Kyron or David, disappearing into ‘nothingness’ is rather rare.
• 
  
• ·        How long will Terri Horman endure her self-imposed exile to Roseburg?  When will attorneys Houze et al lose interest?  When will Terri’s financial backing be exhausted?  Why does she not leave the State and start a new life elsewhere?  Have the prosecutors blocked her from doing that?  Does she expect to be vindicated?  Then what?

True Nelson

Dave Dahl, Co-Founder of Dave’s Killer Bread headquartered in Portland, OR / New Criminal Charges

On February 14^th, Dave Dahl appeared in Washington County Circuit Court to enter a plea in the melee of November 14^th, last year.  During the November dust-up, he rammed Sheriff’s Office vehicles with his Cadillac Escalade, fought with deputies (injuring same), was high on intoxicants and was generally a bad boy.

I’m not making light of this.  But, the judge seemed to think the incident was rather minor, subsequently releasing Dahl on a mere $20,000 bail of which Dahl put up $2000 to a bail bondsman.  This was the designated bail given to a previously convicted felon and currently a rather well-heeled man.

Please refer to my posts of November 16^th, 17^th, and 21^st for background.  Reading the earlier posts, it will be clear to all that I was not particularly sympathetic with Mr. Dahl.  I referred to the $20,000 bail, ordered by the judge, as mere ‘chump change.’

Well, to the point:

Dahl appeared in court on Friday, February 14th, with his attorney Steve Houze, for the preliminary hearing involving the aforementioned crimes.  At that time, prosecutors nailed Dahl with 14 additional counts (nine felonies and five misdemeanors).  Crimes included multiple counts of ‘assault with a dangerous weapon’ – presumably the Cadillac Escalade.  Yes, a vehicle can be considered a ‘dangerous weapon.’  Dahl was handcuffed and taken to jail.  Bail, this time, was set at $520,000.  Don’t worry, he has posted the bail and is now out again.

I know it is becoming increasingly clear that I have little regard for many attorneys, particularly those in the criminal justice system.  Why?  The whole system is often little more than an inside joke – perpetuated by defense attorneys, prosecutors and judges.  They play their legal games with an alarmingly straight face.

So, what’s my gripe?  After being kind of down on Mr. Dahl, I hate to see this kind of ‘pile-on’ justice or whatever you want to call it.  Washington County prosecutors took three months to decide what to charge Dahl with.  Three months, can you imagine?  In other words, the prosecutors spent the last three months reading their code books before they decided on just what crimes Dahl had committed; and finally, exhausted by their professional efforts, pared the charges down to 14 additional.

'Whoa,' they might say.  We had to wait for the sheriff deputies’ reports.  Well, they should have had them within a day or two.  'But,' they might counter, 'the deputies were injured.'  OK, how about someone conducting an inquiry, interviewing the deputies, and presenting prosecutors with the facts?  After all isn’t "justice delayed, justice denied?"

So, what’s the game here?  Well, prosecutors pour through the elements of every conceivable crime associated with a given situation.  After they have drawn up the list, they have no half-baked illusion that they will receive a conviction or a guilty plea on each charge.  Of course they won’t.  It’s just how you play the game.  Houze will negotiate and 'deal-down.'  Some concessions on charges will be made by the prosecution in exchange for a guilty plea on others.  Dahl will go to jail for a short period of time - plus a sizable fine.  Houze and prosecutors will go to lunch.  Game over.

True Nelson

Dwayne Ferguson, Gun Control Activist, Faces Felony Gun Charges / Buffalo, New York

You might have read about this case.  I found it interesting.  “Gun Safety Activist Causes School Lockdown and Faces Charges after Carrying Gun on School Property.”  (Thursday, February 6^th)

Dwayne Ferguson, age 52, licensed to carry a concealed weapon in the state of New York, was arrested and charged with two felonies when he ‘accidentally’ carried a handgun into an elementary school where he was mentoring young children.  Someone, anonymously, reported to the police that an unknown individual had brought a gun into the school.  (Sounds to me like Dwayne was set-up.)  The school was locked down, countless police and a SWAT team responded, and after some time, reportedly hours, the police discovered the person ‘packing’ was Ferguson.

Ferguson, a prominent figure in the community, and a proponent of strict gun laws for the state of New York – much like the ones for which he was arrested – was, during the extended search and lockdown, allegedly protecting children while police searched the school.  He was apparently not aware that the gun-toting individual the police were looking for was, in fact, he.

This is both amusing and troubling.  Amusing from the point of view that a strong gun control activist could be arrested for violation of laws that he publicly supported, and that his defense is that he was unaware that he was carrying a gun on his person.  On the other hand, troubling in the sense that violating some of the new gun control laws is extremely easy to do.  I’ll explain.

As a general rule, there are two elements to a crime – particularly felonies:  the mens rea or criminal intent and the actus reus or guilty act.  Both of these elements are normally required for the most serious crimes.  In Ferguson’s situation, if the facts are as reported, he has completed the guilty act (actus reus), but he has not shown or demonstrated criminal intent (mens rea).  Now there are exceptions.

Many violations of law, such as traffic violations, do not require criminal intent – as we all know.  Nonetheless, most felonies do require intent.  And, this started me thinking about possible exceptions to that standard.  Negligent homicide might be one exception.  It is based on the premise that an act of violence has been committed wherein an ‘average’ citizen should be aware that his or her actions were dangerous and likely to cause harm (an element of intent).

This is, I suppose, the long way around to address the question as to whether or not Ferguson, clueless as he may very well have been, should be charged with a felony.  A fine perhaps, but a felony?  I don’t think so.

A personal observation:  I ‘carried’ for quite a few years while in law enforcement.  I don’t think there was a moment when I was not fully aware that there was a gun strapped to my waist.  How someone could forget they were carrying a gun and walk into an elementary school, particularly after supporting and advocating for that very same law against bringing guns into schools, is hard for me to believe.  More likely, in my opinion, Ferguson decided that the law didn’t necessarily apply to him.

Now to the troubling aspect.  Many laws have been recently enacted making it a felony to possess a gun on your person within 1000 feet of a school.  Laws similar to the one that ensnared Ferguson.  Practically speaking, this makes it difficult to navigate any town or city without violating the law if you are a shooting hobbyist or hunter.  Those licensed to carry ‘concealed’ are not exempted from these restrictive laws.  Ignorance is no excuse.  So, if your car happens to break down near a school, and you have a concealed permit, the police officer’s first question will be, ‘do you have a gun with you?’  Why would they ask that?  Because when they run your license plate, they are informed that the registered owner of the vehicle has a gun permit.  So, what do you do?  Well, you could lie.  God help you if the police discover you were lying.  Or, you could say, ‘yes, I have a permit and the gun is in the glove box.’  It’s nice that you are honest, and very commendable I might add; but, nonetheless, you will be on your way to jail in handcuffs - possibly charged with a felony.

The laws vary from state to state, so do your research.  Oh, I should say, good luck with that.  The gun laws, you will find, are complicated, redundant and deceptive – not always as they might first appear.  Remember that state gun laws are often enacted by marginally employed lawyers who have the time to run for state office, have never owned a gun and can’t understand why anyone would want to own a gun, and who take considerable joy in creating laws that are so unintelligible that a lawyer is required to interpret.

True Nelson