D.C. businessman faces two years in jail for unregistered ammunition, brass casing

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I'm terribly ashamed of my government, the judicial system, and losing faith in the notion that cops are people too.. nobody had the decency to speak up during the raid? I would quit my job if that is what it entails .. very, very sad
 
Let's hope the appeal brings a lick of common sense to this. I'm going to edit myself and end it at that.
 
Let's hope the appeal brings a lick of common sense to this. I'm going to edit myself and end it at that.

There is still one part of this miscarriage of justice that’s bothering me. I don’t know how the D.C. prosecution got away with “under charging the crime”. Mr. Witaschek’s charged “crime” was attempted possession; not actual possession. But he had these items in his home, and they were presented as evidence against him; so who else would have been the owner if he was only "attempting to possess" the items?

The reason for going to trail only for attempted possession of ammunition is that it carries a fine/prison term under the threshold required to entitle a defendant to a jury trial. Were they attempting to have him plead guilty to possession of ammunition or attempted possession? In essence, it gave a him a rigged "bench trail" for attempted possession because he did not plead "guilty" to the crime of possession of ammunition? In a D.C. bench trail, only one “firearms ignorant” person had to be convinced of guilt rather than a jury of 12 “possibly ignorant” persons (or maybe a lesser number of jurors for misdemeanors).

So, is such an "under charging" strategy legal for “jury rigging” purposes? Let's hope the appeal brings this up.

chuck
 
So, is such an "under charging" strategy legal for “jury rigging” purposes? Let's hope the appeal brings this up.

Double jeopardy? Also brings up Constitutional issues in that Witashek has been debarred his rights (gun crime registry) without a jury of his peers.

TCB
 
I am ashamed of our nation's capital, and its leadership. Worst than a third world country. Much worse.
 
I remember a story on some gun forum told by a LEO who responded to a call from a distraught vacationing family who found an "explosive device" in their rented minivan. When he arrived on-scene the family was huddled far from the van and trembling in terror. The "explosive device" was a shotgun shell rolling around in the van. I can't recall if it was even a live shell or an empty one, but they were all certain it would blow them to bits.

I'd love for that poster to tell the tale again. As a Public Safety announcement if nothing else. No idea where I read that, but it illustrates the levels of naiveté that sheeple can be driven to. Like kids drawing guns on paper, playing cowboys and indians with finger guns at recess, or (horrors!) gnawing a pop-tart into the "shape of a pistol".
 
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Classic example of prosecutorial "discretion". Basically the law is no longer the implement of justice, it's for bludgeoning fear of the state into the hoi polloi.
 
They appear to be trying to drive him to suicide... I mean, they already threw him out of DC (they must not have annihilated his business interests and parceled them out to cronies yet; why else would they care, now?)

Hopefully he remains pissed off and financed long enough to get this to an appeal or two; to a court where this kind of ridiculousness won't go unnoticed.

TCB
 
Let's hope the appeal brings a lick of common sense to this. I'm going to edit myself and end it at that.

See signature line.

Terry, 230RN
 
I caught an expended .22 casing in my boot tread when I was last in our lovely capital, and they pass the law months after. Interesting to think that my flight home might have been in handcuffs.
 
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