Gun Control & RKBA
Related: About this forumOhio man with gun at Batman movie acquitted on weapons charge
Source: Reuters
By Kim Palmer
CLEVELAND | Fri Feb 15, 2013 7:24pm EST
(Reuters) - An Ohio man arrested after he brought a handgun and knives to a late night showing of the Batman movie, "The Dark Knight Rises", two weeks after the Colorado theater mass shooting last summer was acquitted on Friday of a felony weapons possession charge.
Prosecutors had accused Scott A. Smith, 38, of being drug addicted and in possession of a weapon, a felony that calls for up to five years in prison in connection with the incident last August at a suburban Cleveland movie theater.
Smith this week pleaded guilty to two counts of carrying a concealed weapon, but rejected a deal on the more serious felony possession charge that required him to give up his weapons collection and barred him from owning guns in the future.
Prosecutors accused Smith of being addicted to prescription pain and anti-anxiety drugs and using marijuana to help himself sleep, making it illegal for him to possess firearms.
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Read more: http://www.reuters.com/article/2013/02/16/us-usa-crime-ohio-batman-idUSBRE91F00620130216
oldhippie
(3,249 posts)The proposed plea agreement Smith rejected also called for him to serve nine months in jail. Smith could be sentenced to up to 18 months in prison on the weapons charges. His sentencing is scheduled for March 15.
He was acquitted on the drug charge. Journalism at it's best. [sigh]
holdencaufield
(2,927 posts)... don't sell newspapers.
And newspapers need all the sales they can get these days.
Eleanors38
(18,318 posts)Had to check downthread to confirm my double-take.
holdencaufield
(2,927 posts)Got 4-Day Comic Con tickets last night! They sold out in 28 minutes and the sales system crashed many times and threw out a lot of folks -- people are PISSED!
So, I will be open-carry in San Diego in July -- but just with a phaser.
Lurks Often
(5,455 posts)for not taking him to trial on the felony charge and offering him a deal that only involved misdemeanor charges. Of course it could be that the chances of getting a felony conviction were slim.
oldhippie
(3,249 posts)... and he was acquitted. The carrying concealed weapons charges that were bargained were misdemeanors.
Can't blame the prosecutors, blame Cuyahoga County Judge Kathleen Ann Sutula. It was a bench trial.
Lurks Often
(5,455 posts)that is the one that should not have been plea bargained away.
oldhippie
(3,249 posts)I would suggest reading the article again. Carefully this time. He WAS tried on the felony weapons charge and acquitted. The charges that were plea bargained were the misdemeanor concealed carrying charges. He (the accused) did not agree to the plea bargain on the felony charges, and there was a trial on the felony charge. He was acquitted by the judge in a bench trial.
I don't know how to explain it to you any better. If you still don't get it maybe someone else can try. I'm done.
Lurks Often
(5,455 posts)although the article could have been written clearer.
Because they couldn't prove the drug charges, they couldn't get him on felony possession of a gun.
gejohnston
(17,502 posts)for example, before Wyoming went "green", well really light green since it only applies to residents, illegal carry was/is (for non residents) an $800 fine for the first offense, and felony the second plus offenses.
oldhippie
(3,249 posts).... carrying an illegal firearm was a misdemeanor, but carrying an illegal knife was a felony. Go figure.