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Eugene

(61,592 posts)
Fri Feb 15, 2013, 09:54 PM Feb 2013

Ohio man with gun at Batman movie acquitted on weapons charge

Source: Reuters

Ohio man with gun at Batman movie acquitted on weapons charge

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
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Ohio man with gun at Batman movie acquitted on weapons charge (Original Post) Eugene Feb 2013 OP
WTF? Headline conflicts with the article ...... oldhippie Feb 2013 #1
Non-sensational headlines ... holdencaufield Feb 2013 #2
...don't work as eye-catchers for OPs, either... Eleanors38 Feb 2013 #11
Good News ! holdencaufield Feb 2013 #12
Blame the prosecutors Lurks Often Feb 2013 #3
The prosecutors DID take him to trial on the felony charges ... oldhippie Feb 2013 #4
He should have been tried on the felony weapons charge, Lurks Often Feb 2013 #5
[sigh] Reading comprehension fail oldhippie Feb 2013 #6
I need stronger coffee Lurks Often Feb 2013 #7
the gun charge might not have been a felony gejohnston Feb 2013 #8
In Calif, at least when I lived there, ..... oldhippie Feb 2013 #10
You got it!!!! oldhippie Feb 2013 #9
 

oldhippie

(3,249 posts)
1. WTF? Headline conflicts with the article ......
Sat Feb 16, 2013, 12:04 AM
Feb 2013
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.

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)
2. Non-sensational headlines ...
Sat Feb 16, 2013, 12:45 PM
Feb 2013

... don't sell newspapers.

And newspapers need all the sales they can get these days.

 

Eleanors38

(18,318 posts)
11. ...don't work as eye-catchers for OPs, either...
Sat Feb 16, 2013, 11:18 PM
Feb 2013

Had to check downthread to confirm my double-take.

 

holdencaufield

(2,927 posts)
12. Good News !
Sat Feb 16, 2013, 11:22 PM
Feb 2013

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)
3. Blame the prosecutors
Sat Feb 16, 2013, 12:45 PM
Feb 2013

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)
4. The prosecutors DID take him to trial on the felony charges ...
Sat Feb 16, 2013, 12:53 PM
Feb 2013

... 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)
5. He should have been tried on the felony weapons charge,
Sat Feb 16, 2013, 03:51 PM
Feb 2013

that is the one that should not have been plea bargained away.

 

oldhippie

(3,249 posts)
6. [sigh] Reading comprehension fail
Sat Feb 16, 2013, 04:06 PM
Feb 2013

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)
7. I need stronger coffee
Sat Feb 16, 2013, 04:17 PM
Feb 2013

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)
8. the gun charge might not have been a felony
Sat Feb 16, 2013, 04:22 PM
Feb 2013

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)
10. In Calif, at least when I lived there, .....
Sat Feb 16, 2013, 04:27 PM
Feb 2013

.... carrying an illegal firearm was a misdemeanor, but carrying an illegal knife was a felony. Go figure.

 

oldhippie

(3,249 posts)
9. You got it!!!!
Sat Feb 16, 2013, 04:24 PM
Feb 2013
Stronger coffee helps me sometimes, too. The felony was being a drug user in possession of a gun. Prosecutors did not prove it to the satisfaction of the judge.
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