Articles Posted in Weapons Charges

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Michigan prosecutors are attempting to advance charges against the parents of a school shooter, claiming that the parents “should have known” that the boy had psychological problems due to his fascination with guns and disturbing drawings.

The idea that we all have the same set of values regarding weapons and horror art is not a smart position to take. Ultimately, the prosecutors need to convince a jury that parents would ultimately consider it within the realm of possibility that their child would commit a mass shooting. Parents rarely ever consider this. We will never know how many mass shootings were stopped by parental intervention, but it happens frequently enough to know that these parents are just as blindsided as the rest of society when their child commits an atrocity.

These parents are not getting a sick sense of satisfaction over the knowledge that their child is going to prison forever. They are devastated and their lives are ruined. 

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The father of Robert Crimo III, 58-year-old Robert Crimo Jr., has been indicted on seven counts of reckless conduct after his son went on a rampage that killed seven. Crimo Jr. has been charged with one count of reckless conduct for every death that occurred that day. However, the prosecution has not convicted him yet.

The grand jury process allows prosecutors to present a case without the defense present. Ultimately, a grand jury is composed of individuals who have only heard one side of the story. The effort is an attempt to convince the public that the effort of a trial is warranted. It shows the public that individuals hearing the complaints against the defendant agree with the prosecution’s interpretation of events. The grand jury voted to indict Crimo Jr. on seven counts of reckless conduct. Each charge carries a maximum sentence of three years, leaving Crimo Jr. vulnerable to a maximum 21-year sentence.

Is Crimo Jr. Responsible for His Son’s Conduct?

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The father of Highland Park shooter Robert Crimo III will face seven counts of reckless conduct after sponsoring his son’s gun license. Robert Crimo Jr. surrendered himself to police after the charges were announced. Only an individual can face a crime related to reckless conduct. The government, of course, would never file charges against itself for authorizing the license to Crimo III. However, that is exactly what happened. 

The prosecutor for the state told the press that parents are in the best position to determine whether or not their child should have a gun. However, this is equivalent to shifting the responsibility of licensing to the parents and away from the government. It would be an admission that the licensing process does not work and relies entirely on parents to determine if their children should be allowed access to weapons. In this case, the boy was 19 when his gun license was sponsored. 

Analyzing the Prosection’s Arguments

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Federal prosecutors are asking the court to impose a five-year sentence on the straw purchaser who purchased the weapon that killed Chicago police officer Ella French. The defendant has already pleaded guilty to a federal weapons charge for unlawfully purchasing the weapon and then distributing it to an unauthorized buyer. 

The recommended sentence for unlawfully purchasing a weapon is two years. However, federal prosecutors noted that the weapon was used to kill a peace officer. The stakes of the case, therefore, fall well outside the standard set of facts typical of a straw buyer prosecution. In other words, the conduct is worse than you would see in a standard straw purchaser case. The government, therefore, wants the court to impose a longer sentence than the two-year recommended sentence. The defendant could be sentenced up to the statutory maximum for the crime. 

Straw Purchasing Crimes

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Police have elected not to press charges against a 17-year-old boy who accidentally shot and killed an 8-year-old boy while handling a gun. In cases like these, it is often the gun owner who faces charges for failing to properly secure the gun in a locked safe unloaded as the law requires. However, no one will face charges related to this incident. In some cases, the outcome of an event is tragic enough that the law does not see fit to punish those responsible further. In this case, the gun should not have been accessible to the 17-year-old, and it should not have been loaded. 

Is it Illegal to Improperly Store a Gun?

Yes, but the penalties for this crime are closer to a traffic violation than an actual crime. You can face a $10,000 penalty if a minor gains access to your gun and harms themselves or someone else. Generally speaking, you can also face civil penalties related to injuries suffered by a victim of an accidental gunshot wound.

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A Chicago man is facing federal charges of unlawful possession of a weapon, unlawful possession of controlled substances, and the use of a weapon in the furtherance of a drug trafficking crime. The defendant was stopped on the CTA Green Line when the weapon and drugs were found. Since the defendant has a previous felony on his record, it is unlawful for him to possess a firearm. 

However, the grand jury announcement and arrest report fail to note how the police became aware that the man was in possession of a weapon. What probable cause did they have to search the man in the first place? At this point, it is completely unclear how police became aware that this particular individual was in possession of contraband and illegal weapons.

When this information is not provided in an indictment report, it is likely to become the subject of a probable cause hearing. Generally speaking, police have little cause to approach an individual aboard a train or in a station and demand that they subject themselves to a search. So chances are good here that the defendant has a functional probable cause defense. If he does not, then he is going to have to face these charges and likely be convicted. His freedom thus hinges on how the search was conducted and whether or not the police had probable cause to initiate the search.

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In September of last year, Chicago police announced they were “going after the gangs” in an apparent bid to reduce crime. However, it is now a year later and the number of shootings and gang-related violence has yet to dwindle. Police Superintendent David Brown said that he wanted it well known, the Chicago police will be going after the gangs. He also mentioned that they would be doing it Constitutionally and without violating anyone’s rights. 

Gang violence remains a major problem in Chicago and across the U.S. with gangs handling drug and weapons trafficking and becoming involved in an increasing number of identity thefts. Police struggle to keep up with the problem largely because they have lost control of the territories they patrol. This is not a new phenomenon. The birth of gangs in the U.S. relates to under-policing in certain districts. Instead of paying police for protection out of your tax dollars, you pay gangs for protection. The gangs identify and eliminate potential threats to the community. However, remaining solvent over the years has proven troublesome and the public does not trust the police enough to protect them if they provide information. In terms of hearts and minds, police have lost that battle largely due to abuses committed over the years by Chicago police officers who would have been happier operating out of gangs than within law enforcement. The following are some of the structural problems that allow gangs to thrive in cities.

Hearts and Minds

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With problems concerning “progressive prosecutors” now a major wedge issue in the political arena, you should expect to hear about the weekly number of shootings and murders in Chicago regularly. Are we really that bad, though? What about NYC and Los Angeles? How many people got killed there over the weekend? 

Before we answer that question, it is important to understand that Chicago has its own unique problems and these comparisons are never as useful as they seem. However, it appears that Chicago will win the Labor Day contest as to which city contributed the most casualties to the weekend. In most cases, these attacks will be targeted and gang-related. In some cases, stray bullets will hit unintended targets. In other cases, disputes erupt in public that are solved with bullets. 

How are Other Cities Doing With Gun Violence?

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Illinois makes it illegal to own automatic weapons in the state. While in other states, you can own certain classes of automatic weapons, Illinois is not among the states that allow such a weapon within its borders. Further, you cannot take a handgun and then refurbish it to fire multiple rounds with a single trigger pull. Lastly, you cannot own a weapon if you have been convicted of certain felonies. 

Now, one man is accused of breaking all three laws after selling a modified Glock to an informant. He has been charged with unlawful possession of a weapon by a convicted felon, modifying a Glock, and illegal possession of a weapon in the State of Illinois. 

To be certain, a modified Glock capable of shooting multiple rounds with a single trigger depression is not legal anywhere in the United States, including Texas where automatic weapons can be owned and purchased so long as they meet specific criteria. 

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ShotSpotter is a technology that aims at reporting gunshots to police officers (Was ShotSpotter involved in the death of Adam Toledo?) However, the technology has been manipulated by ShotSpotter employees to help cops leverage probable cause in cases where they would not otherwise have it. In fact, this constitutes a fraud on the public, the defendant, the court, and society at large. Rather than release documents during a trial, a ShotSpotter spokesperson took the unusual measure of asking the court to hold the company in contempt rather than release documents that would show that the company perpetrated a fraud against the citizens of Chicago. 

What is ShotSpotter and How Does it Work?

Ostensibly, ShotSpotter technology places audio devices around the city which then trigger alarms if they hear a noise that is loud, like a gunshot. The report could give police probable cause to stop individuals in the area. However, evidence has shown that shot spotter employees manipulated reports ex post facto to establish that a gunshot came from a specific location in order to give police probable cause to initiate detentions. 

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