Marine Amputee Acquitted On Gun Possession Charges

[Mainsail]

Marine Amputee Acquitted On Gun Possession Charges

Washington Post
January 14, 2009
Pg. B1

Marine Amputee Acquitted On Gun Possession Charges

By Keith L. Alexander, Washington Post Staff Writer

After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center.

In the 2006 incident, Cpl. Melroy H. Cort, 24, and his wife, Samantha, were en route from their home in Columbus, Ohio, to Walter Reed. Cort's legs had been amputated above the knees when he was wounded by a makeshift bomb in Ramadi during his third tour of duty in Iraq.

The couple's car got a flat tire, forcing them to pull over at a car repair shop in the 5000 block of Georgia Avenue NW. While there, Cort said, he reached into the glove compartment, removed a 9mm pistol and put it in his jacket pocket.

A witness who noticed Cort handling the gun called police, who arrested and handcuffed Cort while he was sitting in his wheelchair. He was charged with three counts of carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night in the D.C. jail before returning to Walter Reed.

He was assigned a public defender, who encouraged him to plead guilty. But Cort refused, because a felony on his record could cost him his military benefits. So he decided to represent himself.

"I had to fight for myself," he said yesterday. "I wasn't going to plead guilty and lose everything."

During his trial, which began Friday before Judge Lynn Leibovitz, the two arresting officers testified that Cort had thrown up his hands and told them he had a gun in his pocket when they approached him.

Taking the stand in his defense, Cort tried to tell his personal story: How he enlisted in the Marines in 2004 after graduating from Ohio's Wright State University with a business degree. How he went to Iraq in 2004 and 2005, when he was was critically injured. How he was fitted with prosthetic legs and honorably discharged in 2007.

But Leibovitz ordered him to discuss only the case at hand.

Cort, who said he had a permit to carry the gun in Ohio, said he had it with him because he had moved out of his house in anticipation of an extended stay at Walter Reed.

He said his commanding officer had advised him to take the gun to the armory on Walter Reed's base as soon as he arrived.

Cort said 12 rounds of ammunition were in his car trunk, but police said the ammunition was in the gun's clip.

Although acquitting him of the gun charges, the jury found Cort guilty of possessing ammunition, a misdemeanor. He was sentenced to time already spent in the D.C. jail.

Cort, his wife and their 3-month-old daughter, Charlott, now plan to drive home to Columbus, where Samantha Cort is in real estate. Cort said he plans to appeal the verdict and tend to his family.

"I just plan to take care of my daughter," Cort said.

 

[Titan6]

Good. Maybe there is hope for the people of the Nation's Capital after all.

 

[hso]

Nice to see they cut him some slack. Pity everyone in DC doesn't get the same consideration.

 

[chris in va]

He said his commanding officer had advised him to take the gun to the armory on Walter Reed's base as soon as he arrived

Now THAT'S really aggravating. Stupid CO should have known firearms aren't allowed in DC. He should have been present in the trial, apologizing profusely. Then again, the marine should have known that as well, and having a CC permit in Ohio I suspect he probably did. Hmm.

 

[Grey_Mana]

1) He if could have afforded a lawyer, he could have gotten the case tossed completely.
2) I hope he was careful in his testimony. If he admitted to driving across Maryland with the gun, that is a whole separate possession charge. It is conceivable he looped down through Virginia to get to DC.

 

[JImbothefiveth]

Yeah, this person right here's a real dangerous criminal alright.

 

[lacoochee]

While I am glad he was let off with a slap on the hand. How stupid is it to expose a firearm in DC? Had he had it properly concealed he would have been fine.

 

[Titan6]

While I am glad he was let off with a slap on the hand. How stupid is it to expose a firearm in DC? Had he had it properly concealed he would have been fine.

That is a felony also.

 

[Dr. Tad Hussein Winslow]

Kudos to whomever in the jury held out strong against the convictors.

 

[seale]

Once again the prosecutor who brought these unjust charges just gets off scot free and forgotten about, when he/she should be mentioned for having charged someone with a FELONY for a non crime.

A witness who noticed Cort handling the gun called police, who arrested and handcuffed Cort while he was sitting in his wheelchair. He was charged with three counts of carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night in the D.C. jail

I don't know what I hate more, the unconstitutional "laws" that infringe upon our rights to self defense and rights to property, or all these traitor fellow citizens who walk around with 911 on speed dial.

This next quote has me saying things that are NOT the high road :

He was assigned a public defender, who encouraged him to plead guilty.

That just makes me fume.

But Cort refused, because a felony on his record could cost him his military benefits. So he decided to represent himself.

Some people cite military employment as the definition of being a hero. I say that this guy having the stones to A. go against the incompetent "defender" and B. defend himself in an unfriendly court that barely recognizes the constitution, is what makes him a TRUE hero. I would like to shake this guy's hand and thank him for setting a very VERY good example of how to deal with our courts.

"I had to fight for myself," he said yesterday. "I wasn't going to plead guilty and lose everything."

You sir are a brave hero for what you just did.

 

[seale]

By the way, do you realize what this jury did? They did their job and judged the LAW as well as the facts. He was charged with possession which was never in dispute. The jury acquitting him meant they were saying (with their actions) that we find the law unjust, illegal, and repugnant. I hope we see more juries finally doing their jobs and judging the law as well as the facts (just don't breathe a word of this or you will be thrown off the jury because these government judges-most of whom are former prosecutors- don't like fully informed jurors).

 

[Thin Black Line]

Nice to see they cut him some slack. Pity everyone in DC doesn't get the same consideration.

This was politically expedient and given the current climate very necessary
for the current big picture. And "current" changes all the time when it
becomes "past".

Had this been a vietnam vet in a wheelchair in the late 80s, how do you
think this would've turned out? When GWOT is over in the future, how do
you think these vets will be treated?

How about this again:

Taking the stand in his defense, Cort tried to tell his personal story: How he enlisted in the Marines in 2004 after graduating from Ohio's Wright State University with a business degree. How he went to Iraq in 2004 and 2005, when he was was critically injured. How he was fitted with prosthetic legs and honorably discharged in 2007.

But Leibovitz ordered him to discuss only the case at hand.

Excuse me, your lordship Leibovitz, WHAT?! This man is describing a life that
shows HE IS NOT A THREAT TO SOCIETY AND MADE A SACRIFICE DEFENDING
THAT SOCIETY.

That is very freakin' relevant when it comes to restrictions on guns supposedly
being about curtailing potential crime by perps. Right? I would think such
information would show this person doesn't have a criminal mindset.

Furthermore, all is not well:

Although acquitting him of the gun charges, the jury found Cort guilty of possessing ammunition, a misdemeanor. He was sentenced to time already spent in the D.C. jail.

I guess a lot of THR readers either missed this or don't have a problem with it?

 

[Joe Demko]

Excuse me, your lordship Leibovitz, WHAT?! This man is describing a life that
shows HE IS NOT A THREAT TO SOCIETY AND MADE A SACRIFICE DEFENDING
THAT SOCIETY.

Being a vet, even a disabled one, does not place him above the law.

 

[U.S.SFC_RET]

No it doesn't place you above the law and that's probably one of the reasons why he was acquitted in court.
He should have cased the darn pistol OK?
He wasn't from DC. High levels of crime and black on black crime demands pistols be illegal.
What a shame nonetheless.

 

[22lr]

Shoot bad deal all around. Ya possession with out a license is very serious at least here in Indiana. Not sure what else he could have done but I would have stripped it, close call.

 

[carbine85]

They should arrest the ******* that called the police. OMG there's a man with no legs, a flat tire and a gun, run run run as fast as you can:banghead:

 

[Flyboy]

I love the smell of jury nullification in the morning.

 

[BHP FAN]

Here's some reality for some of you,he was a legless man going through some bad territory with his family.The idea here,is:would you rather be judged by twelve,or carried by six?

 

[Cuda]

Good for the Marine, thanks to the jury and screw dc politics.


C

 

[KelVarnson]

Here's some reality for some of you,he was a legless man going through some bad territory with his family.The idea here,is:would you rather be judged by twelve,or carried by six?

Excellent post, that just about sums it up.

 

[Golden Hound]

How can the people involved in the oppression of this man LIVE with themselves? How can anyone be such a craven, disgusting beast and breathe the same air as you and I?

 

[Joe Demko]

Whether he has legs or how he lost them doesn't enter into it at all. If the law is wrong, then the law needs repealed or changed. Unequal treatment and/or jury nullification are not solutions.

 

[subknave]

This is similar to the man from Delaware that was stopped at a checkpoint and arrested for having some shotgun shells in his car. The only other place besides DC where I know you can get thrown in jail for having ammunition is CUBA. How can this be in a light of the Heller verdict and the FOPA? The police and DA in DC should be ashamed of themselves. If I had been the police called to the scene I would have explained the DC rules, investigated the situation and made sure he put the gun in his trunk until he got to the base. I was reading a article on the inauguration and it said they had law enforcement from 50 different agencies tasked to be there. Great day for a criminal to be out and about in the Defenceless City. I didn't even know there were 50 law enforcement agencies in DC. With that many cops and no guns allowed how can it have such a high gun violence rate?

 

[Chukpike]

I think people should be aware of this part of Federal Regulations;

The Gun Control Act of 1968, Public Law 90-618
§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

If he knew this and kept his guns stored properly their would have been no law in DC that would overide the Federal. Basically Federal Law gives a right to pass through an area where possession might otherwise be illegal.

Since he didn't keep his firearm properly secured and got out of the car with it he was toast. If he had followed this federal authorities might have actually had to defend him. In DC which operates really under Federal jurisdiction it would have taken nothing to get it dismissed.

If you travel between states it would be best to secure your weapons according to the strictest state you pass through and you won't have any problems.
Unless a local government wanted to make a Federal 2nd Amendment case out of it.

 

[KelVarnson]

Whether he has legs or how he lost them doesn't enter into it at all. If the law is wrong, then the law needs repealed or changed. Unequal treatment and/or jury nullification are not solutions.

Can't say I agree with that. Jury nullification is an excellent, expedient solution when you have legislators creating laws that go against the will of the people, and/or the Constitution.