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Function of Juries & Jurors Doing Justice | 02 Apr 2015

-Jury Protects Man from Firearms Charges


IMG_1132cropThe Youngstown Vindicator reports today that a jury has protected a defendant from charges of carrying a concealed weapon and being a felon in possession of a firearm for a .22-caliber semiautomatic pistol police found in one of twenty shoe boxes in a closet at a home of another person that the defendant was staying with. Defendant Gabriel Green had previously been convicted of two victimless violations, thereby making him legally ineligible to own or possess a firearm.

Felon gun trial centers on statements, possession

Police were serving a warrant at an address on the North Side for another person when they found a .22-caliber semiautomatic pistol in a shoe box in a closet.

They also found several rounds of ammunition in a basement.

According to Brevetta, Green admitted he had a gun he purchased at a gun show in 2005 and asked the officers at the home, “‘I’m not allowed to have a .22?’”

Engler told jurors his client denied making those statements to police, members of the Violent Crimes Task Force who were serving the warrant. Engler also said police took no fingerprint or DNA samples to link the gun to Green and that the gun was in one box out of 20 boxes.

He said prosecutors have to prove Green “knowingly” acquired a weapon, and they failed to do that. Engler said the home was not Green’s where the gun was found.

Kudos to this jury for insisting that the prosecution back up its accusations with something more than the word of police officers. As we have reported previously, the word of police officers alone leaves plenty of room for reasonable doubt.

Read more about jury protection for defendants in felon in possession and other firearms-related cases:
Georgia Judge Informs Jury of Mandatory Sentence
Jury Finds Man Not Guilty of Weapons Charge
Did The First Circuit Encourage Jury Nullification in Stolen Gun Case?