Gun charges dropped in NY for Hero


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user3214
December 4, 2008, 01:57 AM
In this article (http://www.law.com/jsp/article.jsp?id=1202426427894) multiple charges, including illegal possession of a weapon were dropped.

It is interesting that the judge cited DC vs Heller. This could become a precedent for future cases in NY.

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Sinixstar
December 4, 2008, 02:09 AM
I'm not exactly sure how i feel about that...


A Long Island judge has dismissed charges of driving under the influence and illegally possessing a weapon against a 9/11 rescue worker, citing the man's status as an "American hero."


"[T]he Court finds that the Defendant has demonstrated the existence of compelling factors, considerations or circumstances which show that his prosecution or conviction upon the accusatory instruments herein would constitute an injustice."


In separate informations, prosecutors charged McCormack with fourth-degree criminal possession of a weapon and operating a motor vehicle while under the influence of drugs.

He moved to dismiss the charges in the interest of justice.

Judge Hensley, citing McCormack's work at Ground Zero and the symbolic significance of the flag he uncovered, has granted the motion.


On the gun Charge, I think the Heller argument is a bit of a stretch. It even goes on to say

Hensley dismissed the gun charges, citing "the totality of the circumstances presented."


The New York State law doesn't say you can't have guns - it pretty clearly lays out the guidelines for having 'em. This guy chose not to follow that.

On the DUI charge, Cut the guy some leniency, maybe divert to some sort of non-invasive punishment like drug therepy or something.

Just throwing out the charges? Something's not too "all men created equal" about that.
I'm not wild about the idea of the law being applied unevenly like that...

HeavenlySword
December 4, 2008, 02:28 AM
+ 1 sinixstar

tpaw
December 4, 2008, 02:54 AM
With all the criminals that Clinton pardoned when he left office, who are we to pass judgement on this guy? Just in case the moderator is looking in, I like my Marlin Model 60, she's a tack driver.

cassandrasdaddy
December 4, 2008, 03:06 AM
this has an aroma

how does one inhale a 5 inch piece of shrapnel?

feedthehogs
December 4, 2008, 08:19 AM
Proof that the American legal system is horribly broken.

Master Blaster
December 4, 2008, 08:58 AM
I'm more worried this guy is out there driving Drunk, than about him having a gun.

Drunk drivers kill more people than firearm related crimes do every year, and they are a bigger threat to the average person by far than guns in the hands of criminals.

wyocarp
December 4, 2008, 10:55 AM
This whole thing pisses me right off. Hero status? Driving impaired with a gun? That's not a hero, that's an accident waiting to happen. I was given a hard by cops this past weekend for walking on a public sidewalk in Jerkwater, Wyoming (Thermopolis) because it was 11:30 in the evening. I wasn't doing anything wrong and not on drugs. This guy is impaired and driving and given a free ride. I have no tolorance for that.

Hey mods, I sure do like my Marlin in 45-70. It has to be one of the best all around guns made.

subknave
December 4, 2008, 10:59 AM
I can see dismissing the gun charges but probably not the dui. Now if it had happened on 9/11/2001 I would be for dismissing the whole thing but maybe he had a prescription for the xanax due to pstd and the judge chose to dismiss it. I think he should still get a license suspension at the very least.

Prophet
December 4, 2008, 11:31 AM
Wow... as soon as you do something that might be deemed heroic or courageous you get a pass go and collect $200 card. Or do you? It seems to me that anyone who ends up in a situation where he must use his CCW to defend himself or others, he/she usually ends up in a huge and expensive legal court battle and comes out of it being treated like anything but a hero.

Oh, don't know what everyone means by the Marlin posts, but I have a Glenfield model 60 and a Marlin 30-30 lever action. Love 'em both. :)

Friendly, Don't Fire!
December 4, 2008, 11:56 AM
typically frowned upon as much as "drugs" are. However, it is a drug, just line any other, in fact much worse than many others -- as it typically KILLS when the intoxicated person gets behind the wheel.

I stopped drinking about 20 years ago, and I do not miss it one bit.

Flyboy
December 4, 2008, 12:23 PM
However, it is a drug, just line any other, in fact much worse than many others -- as it typically KILLS when the intoxicated person gets behind the wheel.
I think you grossly exaggerate when you say "typically." You also err by saying that alcohol is the cause of death. We rightly reject the idea that a victim was killed by a gun; similarly, victims of drunk driving are not killed by alcohol.

I stopped drinking about 20 years ago, and I do not miss it one bit.
Ahh. Your attitude is much clearer now.

Seenterman
December 4, 2008, 12:27 PM
Hey doesn't he qualify for hero status, He helped the Giants become a winning team this year?!? We might even go to the SuperBowl!

Its not like Plaxico was driving around drunk with an unlicenced handgun, he was out at a club sort of being responcible, well more so that this guy.

If this guy qualifies for Hero status so should Plaxico Burress.

Ok that was a bit sarcastic.

But seriously Plaxico could fight the charges IMO if he used the arguement that NYC has overly intrusive and expensive, and that only friends of Bloomyberg get CCW's and therefore NYC laws are unconstitutional.

rscalzo
December 4, 2008, 01:07 PM
Plexico is not a NY resident.

Bounce55
December 4, 2008, 02:00 PM
"Shortly after the planes hit the World Trade Center, defendant Michael McCormack, a major in the National Guard, was called to the scene. At home in Suffolk County while on Workers' Compensation following a construction accident, he arrived at Ground Zero around noon, about three hours after the second crash.

McCormack later told reporters that he spent the next eight days futilely looking for survivors"

Did anyone else notice the fact that he was sitting at home collecting workers comp because he was apparently hurt too badly to work. But he was ok to spend eight days digging through the rubble at ground zero? So a guy who would claim workers comp when he obviously could be working is now a hero? Seriously?

The_Shootist
December 4, 2008, 05:58 PM
From the Website "Redstate" re: The WSJ's commentary on Burress


"For Mr. Burress, there is obviously not much leeway for him to beat this case because of the law and Mayor Bloomberg is speaking out publicly to make an example of Burress. However, based on Heller, I would appeal this case on the grounds that the law is unconstitutional, agreeing with Kopel, because of his notoriety, he obtained a gun permit in Florida for protection, now that he lives and works in New Jersey and New York, he still maintains that notoriety and still will need a firearm for protection, especially in the biggest metropolis in the country. To discriminate against non-residents applying for a permit is unconstitutional. Also a little odd is that New York not recognizing the Florida issued permit, but to recognize out of state gay marriage, is a manipulation of the full faith and credit clause, Article IV, Section 1 of the Constitution. (I am not a savant in Constitutional law, but I assume states have the right to manipulate this, based that they are separate and sovereign entities)

If New York had some sensible laws, Mr. Burress would have received his license to carry permit based on Florida giving it to him, background check, etc. Instead, he’s going to be fighting for his freedom because of New York’s discrimination, as well as personal stupidity"


I liked the comment about how NY manipulates the "Full Faith & Credit Cause :D

Frog48
December 4, 2008, 06:16 PM
I'm more worried this guy is out there driving Drunk, than about him having a gun.

This whole thing pisses me right off. Hero status? Driving drunk with a gun?

He was not "drunk".

Was it a bad idea to drive while taking Xanax? Probably. However, the argument could be made that he was simply following doctor's orders. It does not absolve him of guilt, but it certainly makes the behavior understandable. Especially when you consider that he probably takes anti-anxiety and/or anti-depressant drugs BECAUSE of his heroic actions on 9/11.

cassandrasdaddy
December 4, 2008, 06:41 PM
However, the argument could be made that he was simply following doctor's orders.

he needs to read the label on the bottle

Q. Will Xanax affect my daily life?

It will not disturb your daily routine once you are settled with the Xanax medication. Give a few days to accept the body and experience how you are reacting to the medicine. Avoid driving and operating risky machineries. Once you are sure, you will be able to get along with the medicine and follow your routine.

Jim K
December 4, 2008, 06:47 PM
The best defense for Burress might be that the Mayor prejudiced the case with what amounted to an order to convict the football player, or else. At least a change of venue should be sought.

Jim

Rifleman 173
December 4, 2008, 07:28 PM
Typical big city legal ploy it's full and technical name is, "Motion to Bribe the Judge." So what did his "honor" get? What do you think? $5K? More?

An honest judge or politician, according to Robert Heinlein, is one that STAYS bought.

Frog48
December 4, 2008, 11:04 PM
he needs to read the label on the bottle

Oh, I totally agree. Like I said, it does not absolve him of guilt, and he's responsible for what happened. But medication under physician supervision is certainly a mitigating circumstance, and makes the incident a little more understandable. In my mind, its just not the same as when Bubba stumbles out of a bar and hops in his pickup truck to head home after a long night of hard partying.

Sinixstar
December 4, 2008, 11:35 PM
Oh, I totally agree. Like I said, it does not absolve him of guilt, and he's responsible for what happened. But medication under physician supervision is certainly a mitigating circumstance, and makes the incident a little more understandable. In my mind, its just not the same as when Bubba stumbles out of a bar and hops in his pickup truck to head home after a long night of hard partying.


The thing that makes me raise an eyebrow - is that was not the mitigating circumstance that was cited by the judge. The judge threw it out because he was "a 9/11 hero".

If the judge would have said, "i'm throwing out the gun charge based on the heller decision, and throwing out the DUI charge based on the medical circumstances" - Hey, no problem at all. good call actually.

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