questions about doin the dumb stuff

[TheDisturbed1]

Okie, here's the Officer's statement:

"On 08/31/07 at about 6:30pm Officer Gibson responded to the 1500 block of Eielson and Noble Streets for a report that a firearm had been discharged in the area. Upon Arrival an unknown neighbor pointed to 1544 Noble St. as Officer Gibson drove through the area. Officer Gibson, having been to the address pointed out several times, some of which sounds of gunshots in the past, approached the residence. Officer Gibson made contact with several people including the defendant. Investigation revealed that the Defendant had discharged a 9mm Makarov pistol into the ground twice by his own admission. Officer Gibson, while interviewing the defendant, observed him to have bloodshot watery eyes and a strong odor of alcohol on his person. Officer Gibson requested that the defendant provide a PBT sample and he consented, resulting in a .260BrAC.
The defendant admitted he was intoxicated and that his friend had just purchased the gun on this day. The defendant stated that he pulled the slide back on the pistol and it accidentally slipped and the gun went off. The defentant stated that he fired the second round into the ground purposely after the accidental discharge."

The Charge:
Misdemeanor Complaint for Violation of F.G.C. Section 46-293, Unlawful Discharge of a Firearm

Thats all according to the Summons, This guy is really sweating hard because he has to report to court tomorro morning, 12.5 hours from this post.
He's sweating over the Minimal/Maximum sentence he could recieve over this, even though its a Misdemeanor.
Also, the man I speak of is a convicted felon in Tennessee. Served 10 years.

Any and all help appreciated. Thanks.
-John

Edit: This guy has more: AS11.61.210(a)(1): Misc/Weapons 4- Possess While Intox

 

[Blackbeard]

The man charged with the UD is a felon? I'm no attorney, but it sounds like he's screwed. The UD may be a misdemeanor but felon in posession of a firearm is (I think) another felony. Tell him to get a good lawyer and keep his mouth shut.

 

[mekender]

i would also expect to see an additional charge of possessing a firearm while under the influence... and the "friend" will probably get hassled if not charged for providing a firearm to a felon...

all said, the guy will be damn lucky to get off without jail time... im suspecting that they will probably see a state charge instead of a county level charge and that he will get a minimum sentence of 52weeks (anything over a year is state prison time)

the FGC charge will most likely be handled by the city/county and he will probably be remanded into custody pending charges filed by the states attorney on AS11.61.210(a)(1) and on being a felon in possession of a firearm... most likely, the DA will advise the judge to this effect... the guy should most likely plead not guilty and say nothing more until he has been advised by an attorney

 

[Sage of Seattle]

Alcohol CAN make you stupid as is amply evidenced by this case, unfortunately for him. Without driving, it is my understanding that one may legally refuse a breathalyzer (one apparently can refuse to take one while driving but it is often an automatic drivers' license revocation). He admitted breaking the law, found to be a felon, and provided pretty strong evidence of his own intoxication, further adding charges.

If nothing else, one may learn that it's always better to remain silent and that anything one says (or does) can and will be used against them.

But if the BAC is accurate (a point two six?), I would feel fairly comfortable in saying that this gentleman has a pretty serious lifelong problem with alcohol. It'd take an estimated ten to twelve 12-oz. beers (or 1-oz. shots of whiskey) in ONE hour for a two hundred pound man to get around that level of BAC. That's one beer every five minutes for a solid hour.

Wonder how many times he's been in treatment...

 

[Im283]

So if i read this correct the gunslinger dude has had this hanging around since August of '07? And he has a court date today? And to top it all off he has not sought out legal counsel?

What a moron. His best bet would be to plead stupidity and ask for some more time to get a lawyer.

 

[Jaenak]

Um...this guy's screwed. I'd put money on it that he'll end up serving another 10 year sentance and his friend will see substantial prison time too. I think the best thing he can do is pray for a plea bargain, otherwise if he pleads guilty maybe the judge will go easy on him because he was honest and decided not to waste everyone's time.

 

[Don Gwinn]

A lawyer might have cushioned the fall, but I can't imagine what you thought THR could do for this man. It's just the internet, after all. If you needed some information distributed, the internets would be the place. If you wanted to win a criminal case in which all the evidence is stacked against you, on one days' notice, without legal counsel . . . .

 

[TheDisturbed1]

A lawyer might have cushioned the fall, but I can't imagine what you thought THR could do for this man. It's just the internet, after all. If you needed some information distributed, the internets would be the place. If you wanted to win a criminal case in which all the evidence is stacked against you, on one days' notice, without legal counsel . . . .

The only point of posting it is to get him to quit asking me..

He IS a moron, he has NO legal counsel nor wants to afford one...

Yesterday was them telling him the deal, $ fine and all that, he said that he's got a felony posession charge pending and he's getting fingerprinted in 6 days.

Personally... A guy like this should get a fair amount of time. and by fair I mean significant.

 

[Mainsail]

Alcohol affects people differently. Some people get happy, some sleepy, some stupid, and the worst of all, the angry drunk. It sounds like your friend is one of the stupid drunks.

So what is he looking for? Advice? Sympathy? My advice is this; if you’re drunk, don’t handle a loaded gun. My advice is this; if you’re a stupid drunk, don’t own a loaded gun. My advice is this; if you’re a stupid drunk felon; don’t get anywhere near a loaded gun.

No sympathy is available.

 

[TheDisturbed1]

He wanted to know a perticular timetable/punishment for his produced and soon to be convicted actions. Question was answered so my thanks to THR for getting this guy off my back...

What he does in his own time isnt my business....
I'm sitting in DEP for the U.S. Army, so for those looking at the thread with skepticism, its NOT me