Open Carry event in Birmingham Michigan for protest

[griffin]

Posted before I even saw this thread. Now I know the answer.

Yep. PD charged him with brandishing. Funny, no LEOs charged these guys with brandishing. There were even a pack of them at the commission hearing to see a new LEO sworn in. After that was over, all the LEOs left. None of the LGOCers were charged with brandishing at the commission meeting, either.

 

[TaunTaun]

14

Trying to get your post count up there chucky?

 

[griffin]

Two new news stories:

Attorneys' Debate Charges Ahead of Rifle-Carrying Teen's Hearing - Birmingham, MI Patch
Rifle-Carrying Teen Going to Trial After Judge Denies Motion to Dismiss Birmingham Case - Birmingham, MI Patch

 

[griffin]

UPDATE

Today is the court date. So far here's what has happened:

Update #1: The opinion is that the prosecution is doing a poor job. It is becoming obvious they have no case.

The judge is questioning how Mr. Combs violated the law by exercising his constitutional rights.

A Birmingham police officer stated is some way Mr. Combs had to have the rifle holstered. Went on to say they arrested him with his ID in hand. (12:17 PM)

Update #2: Obstructing charge dropped (1:19 PM)

Update #3: Jury in deliberation. Brandishing and disturbing the peace are the charges left. He should be all set. Guess he is going to be ok. Some lawyers on the jury I hear. So miller vs US should be known. That takes care of disturbing the peace. (2:00 PM)

 

[Titanium_Frost]

UPDATE

Today is the court date. So far here's what has happened:

Update #1: The opinion is that the prosecution is doing a poor job. It is becoming obvious they have no case.

The judge is questioning how Mr. Combs violated the law by exercising his constitutional rights.

A Birmingham police officer stated is some way Mr. Combs had to have the rifle holstered. Went on to say they arrested him with his ID in hand. (12:17 PM)

Update #2: Obstructing charge dropped (1:19 PM)

Update #3: Jury in deliberation. Brandishing and disturbing the peace are the charges left. He should be all set. Guess he is going to be ok. Some lawyers on the jury I hear. So miller vs US should be known. That takes care of disturbing the peace. (2:00 PM)

Thanks, keep us posted!

 

[Rookie]

Holster for a rifle? Winning!

 

[Hookeye]

Did it not have a sling?

 

[youngda9]

I didn't think a lawyer would ever make it onto a jury.

 

[griffin]

Did it not have a sling?

Yes, I believe it was slung over his back.

 

[griffin]

Update #4: Still deliberating. Jury came back with a question a few minutes ago but they are back to deliberating.

Judge and Prosecutor focused solely on the definition of brandishing which includes the words "ostentatious display". Ostentatious does not have a negative connotation therefore giving the jury an easy path to convict on that point. 3 jurors are attorneys. (3:48 PM)

 

[trapperDave]

the fact that they are deliberating concerns me. Should be cut n dried, NOT GUILTY

 

[griffin]

I agree. I hope they don't come back guilty on the BS brandishing charge. The Michigan State Police state:

MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm….”​

So while a rifle is not addressed above, it is clear that waving or displaying a firearm in a threatening manner would be considered brandishing. Sean Combs was doing neither of those acts. He was walking down the street with his girlfriend with a rifle on his back slung over his shoulder. It wasn't even in his hands. But the police argued the rifle should be in a holster like a handgun.

There have been several long gun demonstrations in Birmingham since then in full view of the police, including during a town meeting, and the police ignored everyone. No one was accused of brandishing.

 

[griffin]

Update #5: Jury is excused until morning. They are hung on the disturbing charge but they have reached a verdict on brandishing. No verdicts have been published yet. The jury must come back tomorrow morning at 9 o'clock.

 

[griffin]

First news article out:

Jury Still Deliberating in Rifle-Carrying Troy Teen's Trial - Troy, MI Patch

excerpt:

After two hours of deliberation Wednesday afternoon, the seven-member jury was unable to reach a verdict on the charges facing Sean Combs, the Troy 18-year-old charged with disturbing the peace.

The jury, however, did reach a verdict on the charge of brandishing a firearm, though Barron said the verdict shouldn't be revealed until the jury reached a decision on all charges.

A third charge of obstructing an officer, meanwhile, was dismissed by Barron Wednesday due to lack of evidence.

 

[Titanium_Frost]

I have confidence it is only one liberal moron holding up the process and must be wore down in the name of justice by the other six level headed jury members.

 

[griffin]

Trial info as observed-

Jury consists of - six men (five seniors & one forty-something) & one very old crotchety woman, for a total of 7 jurors.

At 2pm Judge Barron issues jury instructions.

At approx. 4pm jury sends note to judge asking "Is failure to provide ID sufficient to prove breach of peace?"

At approx. 4:30 jury tells judge they have reached a verdict on the brandishing charge, but they cannot reach a verdict on the breach of peace charge. Judge instructs them to continue deliberations in the morning and court is adjourned.

+++++

Michigan is not a stop and ID state. Seems to me, if this was the only question the breach of peace charge would have been dismissed out of hand. Wonder what's going on?

 

[griffin]

Comment from trial: One juror was admittedly anti-gun. Jim (attorney) tried to get the juror tossed for cause, but that didn't work. He was also out of peremptory challenges.

 

[Titanium_Frost]

Damn I'm good sometimes.

 

[griffin]

Here is a story that appeared right before trial began. The judge tried to get the DA and Combs to work it out without going to trial. Some people think he was giving a coded message to the DA to drop it ("Do you really want to waste my time on this?"), but the DA refused. Sounds like the judge was giving the DA a chance to walk away without having egg all over his face, but he wasn't taking the bait.

Troy man, 18, has court hearing in rifle incident | The Detroit News | detroitnews.com

I didn't see it, but I read that on the news tonight the prosecutor was saying something to the effect of "and then he was walking around with that scary looking weapon loaded." You mean the rifle that our doughboys used to save the world from evil and tyranny to you is a scary looking weapon? No, ma'am, that is a symbol of America and freedom.

 

[Tydeeh22]

welp. time to walk around the courthouse with an AR on my back.. see if i can get the same attention.