Gun Possession

Published on: February 15, 2012

Court Rules on Murder Case

by Stephen Bilkis

A husband was convicted after a jury trial, of attempted murder, assault in the first degree and assault in the second degree. His terms were to run concurrently.

The husband repeatedly stabbed his wife, causing her serious and permanent injuries, and forced her seven year old step-daughter to fall out of a window. A New York DWI Lawyer explained that the principal question is whether the husband was entitled to the requested charge of reckless criminal assault, as a lesser included offense of intentional assault. The husband contends that the court should have granted his request, arguing that it was inherently inconsistent for the court to charge intoxication but not the lesser included offense of reckless assault arising out of that intoxication.

To establish entitlement to a lesser included offense charge, the defendant must show that the additional offense he seeks to have charged is a lesser included offense, an offense of a lesser degree. He must also show that it is theoretically impossible to commit the greater crime without also committing the lesser one and there is a reasonable view of the evidence that would support a finding that he committed the lesser offense but not the greater. A New York Criminal Lawyer contends that with the circumstances presented, it was impossible to commit intentional assault without also committing reckless assault. While the evidence of intoxication may be considered as negating the element of intent, there was insufficient evidence of intoxication for a reasonable person to entertain a doubt as to the husband’s. Thus, as the court argued in opposing the husband’s request for a charge on intoxication, no reasonable view of the evidence show that he was intoxicated. The issue of his intoxication should not have been submitted to the jury, and the court’s failure to charge reckless assault under the theory he was intoxicated was not an error and does not warrant reversal.

Published on: February 7, 2012

Police Officers Shot at in Drug Case, states New York Criminal Lawyer

by Stephen Bilkis

Two police officers spotted a 26 year old suspect smoking marijuana at 6:15 PM at a street corner, a New York Criminal Lawyer said. The officers approached the suspect and attempted to place him under arrest when the suspect became unruly and decided to resist arrest. The officers were attempting to handcuff him at the time he opposed them. The suspect then somehow managed to gain access to the gun of one of the officers and tried to fire a bullet. A struggle then ensued with both suspect and officer attempting to gain possession of the weapon. The officer did manage to keep one hand on the barrel of the gun before the gun was fired.

The suspect discharged the gun once and although firing at point blank range, the bullet did not strike anyone or cause any damage. The suspect was attempting to fire a second time but was unable to do so because the shell casing was jammed inside the gun.

The officer was then able to regain full possession of his weapon after a major struggle and the suspect was handcuffed and placed under arrest without further incident. Charges against the suspect and further information is still pending at this time.

Published on: January 22, 2012

High School Shooting Puts Police on a Manhunt

by Stephen Bilkis

Police in Nova Scotia have issued an arrest warrant for a 16-year old male they believe to be responsible for at least some of the shots that were fired at a high school this past Monday. The youth is facing multiple charges that include at least eight offenses involving possession of a weapon, and two counts of attempted murder. While Halifax police believe that only two persons, who have not been named thus far, were targeted by the youth, multiple gunshots were fired outside of the high school that the youth does not attend as a student.

Investigators have also learned that the shooting is believed to be a payback for another recent shooting of which a 16-year old was shot on Saturday, a New York Criminal Lawyer was informed. Police have confirmed they are exploring the possibility the two incidents are related.

While it is unusual for police to announce publicly information on a juvenile, a judge has given them five-days to announce his name and photograph publicly due to the nature of the incidents. The fact that the incident involved seemingly indiscriminate violence with a firearm at a school weighed heavily in the judge’s decision, sources. However, if police have not arrested the 16-year old within that five-day time period, the permission to use his name and photograph publicly will expire.

Published on: January 5, 2012

Shooting Triggers Accident, Wounds Victim

by Stephen Bilkis

A local man was shot and the violence triggered a car accident. The victim, according to witnesses who spoke to a reporter, was standing outside of a local bar minding his own business when shots were fired. The shots came from the gun of an unknown assailant. The fusillade of gunshots resulted in the unsuspecting man being shot in the leg.

The shooting of the man outside the bar didn’t trigger the accident. That shooting was just the beginning of the gun violence.

The 31 year old man lay wounded on the street when a couple nearby ran into trouble. The man, a 28 year old, and the woman, a 25 year old, were sitting in a car parked on the side of the bar. When they heard shooting, they tried to get out of the area. They were leaving the scene at a high rate of speed when their vehicle struck another vehicle that was parked on the street, authorities reported to a local station.

Published on: December 25, 2011

One Suspect Arrested in Monday’s Shooting; LCPD Still Seek Gun Used in Shooting

by Stephen Bilkis

One 20-year-old male suspect, of the 4800 block of Main St., was arrested for his alleged involvement in a Monday afternoon shooting in Las Cruces. One person was injured in the assault and had to hospitalized, Las Cruces police department officials reported to a source. LCPD officials have yet to arrest another suspect in the assault, though others were reportedly involved.

Authorities said they were still looking for the small caliber black revolver which was believed to have been used in the shooting. Anyone with information about the gun’s whereabouts or having information about the assault may contact the LCPD.

The suspect and several other men physically assaulted an 18-year-old victim close to 4 p.m. Monday in an abandoned dirt lot between an apartment on the 2200 block of Bex Street and the Chilito’s restaurant on S. Valley Drive, the LCPD told a reporter. Authorities didn’t disclose a reason for the assault, but said the altercation lasted several minutes before the suspect pulled a gun.

Published on: November 16, 2011

Chris Cook’s Day in Court was March 21

by Stephen Bilkis

Minnesota Vikings’ cornerback, Chris Cook, will have his day in court on March 21, sources say.. He has been formally charged with brandishing a firearm, which in this case is a misdemeanor.

The incident reportedly began, as the second round, draft pick was involved in a heated confrontation with one of his neighbors. While his arrest did not take place during the argument, the arrest and charges occurred after his neighbor swore out an arrest warrant a short time later.. Although Chris Cook was arrested and charged Saturday, he was shortly released on his own recognizance. The cause or content of Chris Cook’s confrontation with one of his neighbors has yet to be released.

In case many who are reading this are wondering, just how Chris Cook was arrested and charged so quickly, especially when police were never called to the scene of the argument at the time of its occurrence. There are some differences in the way that Virginia law works and how the law in many other states work. We will try to explain.

Published on: November 3, 2011

New Illegal Immigrant Policy at the US-Mexico Border

by Stephen Bilkis

In Arizona, the controversy continues surrounding the status of illegal immigrants. Despite recent legislative changes in the treatment of illegal immigrants, little has been solved regarding the treatment of these people who are living in the United States illegally. The United States Border Patrol has enacted new policy which includes sending illegal immigrants back across the border.

The new unofficial policy is to send anyone illegally crossing the United States-Mexico border to be sent back to Mexico instead of being arrested. Local law official say that sending people back to Mexico does little to solve the problem; they report that people tend to make multiple attempts to cross the border if the first attempt is unsuccessful.

There are some accusations that the new policy is politically motivated. The theory is that the change in policy is attempting to keep the number of border arrests down to improve the security statistics. By sending the border crossers back to Mexico, the number of arrests along the border has decreased and politicians are using this statistic to suggest that the US-Mexico border has become more secure.

Published on: October 30, 2011

Manshot by gun wielding cops outside daycare near Washington, DC and dead at the scene

by Stephen Bilkis

An axe-wielding man outside an in-home daycare was shot and killed by three police officers in Prince George’s County, near the District of Colombia, authorities reported.

The incident occurred before 3 p.m. a county police spokesman told a New York Gun Crime Law Firms. Officers were sent to the daycare to address reports of an armed man on the premises.

The man with the axe was involved in a child custody battle and wanted to take his children out of the daycare, the police spokesman explained. The daycare provider had called the mother of the children, he said, and she told the provider to keep the children and not give them to their father.

Published on: October 26, 2011

Sex play results in Oklahoma woman’s death

by Stephen Bilkis

People have all kinds of strange sexual proclivities and fantasies in this world, but most of them are relatively harmless, if a little off-putting. A spanking here and there isn’t going to really hurt anything, but some people seem to take things far more serious than other. A New York Criminal Lawyer explained that a 23 year old man placed a call to 911 services on the night of December 21, saying that he had accidentally shot his wife. When police arrived on scene, however, they got the full story.

The man and his 50 year old wife routinely engaged in sex play where the man would hold a gun to her head and threaten her life, the police were told by the man. He also said that he was unaware that the gun was loaded when he pulled the trigger while they were having sex. Now, according to the reporter, he is in custody and facing murder charges.

A New York Criminal Lawyer believes the man will most likely receive jail time even if he somehow manages to have his story corroborated. The intimacy that two people share in The Bronx and Staten Island, especially if their sexual proclivities are considered dangerous or perverse, is not likely to be announced to friends and family. It remains to be seen how the jury will respond in this case. If the sex fantasy scenario checks out, how responsible was the man in not checking for bullets before the scene took place? Further details are pending.

Published on: October 21, 2011

Suspect Seen at Scene of the Crime in Nassau, LI

by Stephen Bilkis

A witness with a sharp eye saw something that may help in the case of an armored car robbery and murder, sources revealed to investigators. The witness saw the crimes take place – and he also saw an acquaintance of his, the suspect, at the scene two weeks earlier, he testified in court.

Just hours after the 1994 robbery occurred, in which an armored car guard was killed, the witness said he was shown a number of photographs by Nassau police. One of these photographs was the suspect, who is now on trial, facing murder charges in federal court.

In the process of the trial, the witness said he told police he knew the suspect, but didn’t see him at the robbery. He didn’t mention he’d seen the suspect at the crime scene before, but that was easy to rationalize – the suspect was wearing a pig mask during the robbery, prosecutors informed New York Criminal Lawyers.