Category Archives: Firearm

Proposed Law Changes To Prevent Future Police Murders

Accomplice, Constitutional Rights, felony, Firearm, Homicide & Manslaughter, law enforcement, Legislation, police, Violent Crime, Washington State Patrol, , ,

In the wake of the Lakewood police officer shooting tragedy, Representative Mike Hope (R-Lake Stevens) is drafting legislation to prevent serial offenders like Maurice Clemmons from having an opportunity to harm others. Hope, a Seattle police officer who works patrol when not in session, said this was at the top of his legislative agenda.

The three-part legislation will include two proposed changes to the Washington State Constitution and a sentencing enhancement, proposals he says would have prevented the murders of four Lakewood police officers Nov. 29.

The first bill would remove bail opportunities for dangerous individuals who have committed two felonies and are charged with a possible “third strike” felony offense.   The second bill would prevent defendants from receiving bail if they commit another violent crime in Washington and are proven dangerous to the public.  The third bill would require a sentencing enhancement against those who aid and abet criminals who are not bailable.

A change to the state constitution requires a two-thirds approval in both the House and the Senate and simple majority approval from voters.

My opinion?  Like everyone, I’m deeply saddened with the deaths of the four Lakewood Officers.  Their murders were completely meaningless and senseless.  I’m also disturbed the defendant’s friends/relatives assisted him.

That said, I question whether altering the WA Constitution and chipping away at a defendant’s rights is the answer to preventing similar murders from happening in the future.  I’m a staunch defender of constitutional rights.  Indeed, if I were to wrap an American flag around myself and proclaim my patriotism out loud, then THAT is the platform I stand upon: vigilant, aggressive protection of individual rights against a tyrannical government.

The proposed legislation is strong medicine.  Too strong.  At worst, defendants can be held without bail.  This is disturbing.  Under court rules, judges may hold defendants without bail only if the charge they face is a capital charge; like murder.  Additionally, judges must impose the least restrictive release alternatives to defendants.

Disallowing bail and indefinitely holding defendants in jail laughs in the face of “least restrictive alternative.” Finally, holding defendants without bail leads to “plea tenderization” by cutting defendants off from work and family.  As a result, defendants may plead guilty not because they committed a crime; but simply to get out of jail and move on with their lives.  That’s an utterly inhumane result if the defendant is innocent of the charges.

We’ll see what happens.  The bill needs extremely strong support.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Kenyon: Courtroom Congestion Is No Reason For Delay

Constitutional Rights, Due Process, felony, Firearm, Speedy Trial & Continuances, Washington Supreme Court, , ,

In State v. Kenyon, the WA Supreme Court held that courtroom congestion is no reason for delaying a trial.

On February 15, 2006, Mr. Kenyon was charged with six counts of unlawful possession of a firearm and was incarcerated while awaiting. After multiple delays his case eventually went to trial in August—well beyond the time limits provided by the speedy trial rule (CrR 3.3).

For those who don’t know, under the speedy trial rule, a defendant who is detained in jail must have a trial set within 60 days of arraignment. If a defendant is not brought to trial within the rule’s time limits, the court must dismiss the charges with prejudice so long as the defendant objects within 10 days after notice of trial date is mailed.

Some periods of time are excluded when computing the date for trial. For example, continuances granted by the court are excluded, as well as “unavoidable or unforeseen circumstances” that are beyond the control of the court or of the parties.

Kenyon argued his right to a speedy trial was violated as no court was available to hear his case. The State argues the trial court properly followed the scheduled and that his attorney asked for many continuances. The trial court held the delay was “unavoidable” as the judge was presiding over another case and the other judge was on vacation.

The Supreme Court however, has said that courtroom congestion—as opposed to scheduling conflicts or trial preparation—is not a valid reason for delay.

The Court determined that despite the allowance for “unavoidable or unforeseen circumstances,” the speedy trial rule still requires trial courts to document the details of unavailable judges and courtrooms. The failure to do so in this case violated Kenyon’s right to a speedy trial and the Court dismissed the charges with prejudice.

My opinion?  Clearly — and rightfully —  the Supremes gave teeth back to the  Speedy Trial Rule.  In short, trials must happen within a certain period of time; and if they don’t, and/or if the case is not continued correctly, then the case should be dismissed.  It’s that simple.

However, for the last few years (decades?) our Appeals courts have taken exception to the general rule; often to the degree where where the exceptions have swallowed the rule.  Needless to say, I’m extremely happy the WA Supremes decided Kenyon in this manner.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Boom in Gun Sales Fueled by Politics and the Economy

Burglary, Firearm, , ,

Nationwide gun sales are increasing because  (1) people believe they’ll lose gun rights under Obama’s administration, and (2) there’s growing concern the police cannot adequately protect us in the wake of a deepening recession.  The recent gun slayings in New York and Washington add to people’s nervousness.

My opinion?  Well . . . it’s mixed.  On the one hand, I’m a staunch supporter of the 2nd Amendment.  However, I’m concerned people’s reasons for purchasing guns stems from unreasonable fears.  For example, there’s no proof the Obama administration wants to curtail gun rights.  Indeed, I’m sure Obama doesn’t want to make enemies with the NRA.  Additionally, there’s no proof violent crime is increasing as a result of the recession.  Again, fears.

As an attorney, I hope citizens diligently check whether they can lawfully/legally own handguns.  I once represented a client who was convicted (adjudicated) for Residential Burglary years ago when he was a juvenile.  The adjudication barred him from owning or possessing a firearm unless his rights were restored by court order.  Client did not know this.  He was not orally advised by the juvenile court he was losing his gun rights.

Years later, client is shooting guns with friends on a larger piece of property.  Nearby neighbors made a noise complaint.  Client was arrested for unlawfully discharging a weapon on city property.  No big deal, it was only a gross misdemeanor.  Unfortunately, the County Prosecutor gets a hold of the case; and charges client with two counts Unlawful Possession of a Firearm Second Degree.  Felony charges.  Each felony was punishable up to five years jail and $10,000 fine.  Harsh consequences, especially for someone who didn’t know they were prohibited from possessing guns. Fortunately, the case resolved favorably.

My advice?  Make sure you’re legal if you’re going to own, possess and/or fire guns! Get your Concealed Weapons Permit!  It’s worth the trouble.