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Shooter found innocent, still has gun taken away! Ridiculous!

Discussion in 'General Gun Discussions' started by mountain_cowboy, Nov 17, 2006.

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  1. mountain_cowboy

    mountain_cowboy Member

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    http://www.mydailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=82527&TM=48238.29

    Jury: Hines Not Guilty In Shooting

    Steve Reed
    Reporter

    A Dunn man was found not guilty yesterday by a Harnett County Superior Court Jury in a controversial shooting.

    Brad Hines, 33, was acquitted of a charge of assault with a deadly weapon with intent to kill and inflicting serious injury.

    Mr. Hines was charged with the Aug. 1, 2005 shooting of Robert Surles, 43, of Dunn at Mr. Surles' auto body shop.

    A service manager for Perry Brothers Tire Service, Mr. Hines testified he was attacked by Mr. Surles and an unknown, armed black male while attempting to collect a debt owed his employer.

    Mr. Hines testified that Mr. Surles attacked him with a board and the other man drew a gun on him.

    Mr. Hines said he pulled a handgun, for which he has a permit, and fired a single shot in self-defense, wounding Mr. Surles.

    In an October 2005 hearing, District Court Judge Marcia Stewart found no probable cause for the charge against Mr. Hines.

    But Senior Assistant District Attorney Peter Strickland decided to press on with the case and secured a grand jury indictment against Mr. Hines.

    Defense attorney Parrish Hayes Daughtry told jurors Mr. Hines' account of what happened remained consistent.

    "We told you what the evidence would show," Mrs. Daughtry said. "Brad Hines defended his life on Aug. 1, 2005 and his statements about what happened that night have all been consistent."

    Mrs. Daughtry told jurors Mr. Hines was presumed innocent unless the prosecution could prove otherwise beyond a reasonable doubt.

    "Proof beyond a reasonable doubt means you are fully satisfied and entirely convinced of my client's guilt," Mrs. Daughtry said. "Are you entirely convinced? Are you fully satisfied? If the answer is no, then we ask for a verdict of not guilty."

    Defense attorney Gerald Hayes questioned Mr. Hines' possible motive in the shooting.

    "What's the motive?" Mr. Hayes said. "If a man owes your company money, the best way to collect is to shoot the man?"

    Mr. Hayes said Mr. Hines showed restraint.

    "What restraint it took not to pull a gun when you're being hit with a board," Mr. Hayes said. "He waited until a gun was pulled."

    The bottom line, Mr. Hayes said, was credibility.

    "The only way to convict Brad Hines is if you believe everything Robert Surles says and disbelieve what Brad Hines says," Mr. Hayes said. "Can you say Robert Surles' testimony satisfied you beyond a reasonable doubt?"

    Mr. Surles had testified Mr. Hines showed up unexpectedly at his business, rolled down his truck window and, without saying a word, shot him.

    "This assault was justified as self-defense," Mr. Hayes said. "My client has cooperated in every respect. Can you say, based on the state's evidence, you believe every word Mr. Surles said is gospel truth?"

    After the closing statements, Superior Court Judge Jim Ammons charged the jury and dismissed them to make a verdict.

    The jury returned after about 10 minutes and a not guilty verdict was read by courtroom clerk Vivian Jackson.

    Gun To Be Destroyed

    After the verdict was read, Judge Ammons gave Mr. Hines some advice.

    "Take that concealed weapon permit and turn it in to the Sheriff's Office - you don't need it," Judge Ammons said. "If the gun is returned to you, go sell it. You don't need it."
    Mr. Strickland told Judge Ammons he wants the gun destroyed.

    Judge Ammons convened a hearing to decide the matter.

    "In a hearing before a judge, the weapon can either be returned to the defendant or I can order the firearm turned over to the sheriff and destroyed," Judge Ammons said.

    Mr. Hayes defended Mr. Hines' right to keep his firearm.

    "The court heard the evidence, Mr. Hines is in lawful possession and has a legal permit," Mr. Hayes said. "You're destroying a $600 to $800 gun which belongs to someone who has never committed a violent crime and you've heard testimony of his good character and reputation."

    "We have heard the evidence and Mr. Hines took a firearm into a situation late at night where he knew it might be used," Mr. Strickland said. "The state is concerned a similar incident might happen again."

    After hearing arguments from both sides, Judge Ammons ruled the firearm be turned over to Harnett County Sheriff Larry Rollins and destroyed.

    "If the sheriff decides, he may sell, trade or exchange the gun with a firearms dealer as allowed by North Carolina statutes," Judge Ammons said. "If there is no appeal within 30 days, the order will be carried out."
     
  2. RevolvingCylinder

    RevolvingCylinder Member

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    Why don't the put a trigger lock on it and put it behind bars for actively "harming an innocent man". Execution would be cruel and unusual for an object that is clearly living and conscious.
     
  3. Big Calhoun

    Big Calhoun Member

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    OK...the prosecutor persues a malicious prosecution the guy is cleared, he doesn't get his firearm back, but the sheriff can sale, trade, or exchange it!?!? or destroy it!?!?!?

    I thought North Carolina was a state with sense? No wonder I've been partial to South Carolina.
     
  4. Cromlech

    Cromlech Member

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    Pfft. Just goes to show that a title/appointment like that of a judge doesn't mean that you have any sense. :mad:
     
  5. Eyesac

    Eyesac Member

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    That makes me so mad.:fire:
     
  6. Cacique500

    Cacique500 Member

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  7. Correia

    Correia Moderator Emeritus

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    We managed to get a judge kicked off the bench here in Utah for something far less inflametory and stupid. Do you guys get to vote on retaining your judges?
     
  8. El Tejon

    El Tejon Member

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    By what legal authority is the judge taking another's property? Anyone have the order that they can scan?

    Any North Carolina lawyers here?
     
  9. sacp81170a

    sacp81170a Member

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    Uh, isn't that the point of carrying a firearm, that you might have to use it, even if you hope never to have to? Talk about the dumbest statement ever made by a judge! :banghead:
     
  10. Sistema1927

    Sistema1927 Member

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    Judicial abuse.
     
  11. Dmack_901

    Dmack_901 Member

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    ...

    That sentance makes me scared.
     
  12. DoubleTapDrew

    DoubleTapDrew Member

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    Somebody that anti and biased should be kicked out of the judicial system completely and work at McDonalds. He can tell people who hold him up on graveyard shift or walking home how they don't need their weapon.
     
  13. James T Thomas

    James T Thomas Member

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    due process

    The DA, Peter Strickland, should also be held accountable by the voters.
    I presume his is an elected position.

    Then there is the matter of personal property rights and the right to be free from unwarranted searches and siezures.

    The mid term election is over, but other ones are coming up, and we have the past now to guide us.
     
  14. CrazyIrishman

    CrazyIrishman Member

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    Thats a gross miscarriage of justice if ever there was one! Impeach the judge and give the DA some lessons in commonsense and a refresher course on law!


    And what kind of drivel is this? Wouldn't do any good to need it and NOT have it now,would it? Apparently being declared innocent these days isn't enough!

     
  15. DogBonz

    DogBonz Member

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    I see...

    So the state is more concerned about the wellbeing of an attacker then the person being attacked.... Wisky... Tango... Fox Trot...
     
  16. armoredman

    armoredman Member

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    Could civil lawsuits and criminal complaints be filed against both inDUHviduals for theft by control of private property, destruction of private property, conspiracy to deny civil rights, and conspiracy to defraud, by not making it clear that innocent or guilty, the defnedant would NEVER recieve his lawful property back.
    Just a thought. I'd go WAY high on this one, and the NRA better be ablke to supply a flippin' lawyer!
     
  17. RNB65

    RNB65 Member

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    I think "activist judge" and "judicial abuse" are the key terms here. I assume the judge's order to destroy the weapon can be appealed to an appeal's court where cooler heads will hopefully overturn it?

    Of course, the gun owner will probably look at the cost of pursuing it farther and let it drop. Sad.
     
  18. Zundfolge

    Zundfolge Member

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    I'm sure Dunn, NC has a "bad" part of town ... I'd like to see that judge stripped of any weapon or cell phone or change for a pay phone and forced to walk from the middle of the bad part of town to safety in the middle of some warm North Carolina summer night and see if he still feels that way.
     
  19. Handgun Midas

    Handgun Midas Member

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    Losing the gun is one thing. It's stupid and it sucks, but IMO, losing your weapon should be part of a CCWer's mindset.
    It's just being realistic.

    But the "turn in your concealed weapon permit" part. *** was that?
    Is he serious, or is he just pontificating? Did that guy actually lose his CCW?

    "You don't need it." Truely against all logic and presented facts.
     
  20. mbt2001

    mbt2001 Member

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    I sent that judge an e-mail through the link provided.

    I do not see how this is lawful in the least. We are required to submit to the LAW, however we are not required to submit to their RULE. I think that the difference is blurring all of the time. The state say JUMP and we submit to their RULE...

    Gonna be a long time till 2008 :scrutiny:
     
  21. redneck8

    redneck8 Member

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    Peter Strickland is not voted in but we did just vote a new DA and hopefully she will look into this and stop the bully we have here
     
  22. Seven High

    Seven High Member

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    The National Rifle Association should become involved in this matter>
     
  23. Aguila Blanca

    Aguila Blanca Member

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    The article mentioned a 30-day appeal period, and I sincerely hope the owner of the pistol appeals this idiotic ruling. Aren't there laws against judicial robbery? This is nothing more than theft by decree.
     
  24. qlajlu

    qlajlu Member

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    The judge was predisposed to issue a confication order before the "hearing" because he gave the guy some advice...
    It was at this point that the prosecutor requested a hearing because he knew he had a foot in the door and he ultimately wanted the gun destroyed. Talk about a kangaroo court.
     
  25. Soybomb

    Soybomb Member

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    Lets say the gun is going to cost $600 to replace. How many hours will you have your lawyer spend for the appeals process to get your used and perhaps now abused gun back?
     
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