Jury acquittal

[odysseus]

http://www.marinij.com/marinnews/ci_19167631

Summary: Defendant shoots known acquaintance that was drunk, threatening, that forced into his bedroom in a shared living house he rented out to aggressor. Non fatality, wound by .22 pistol. Marin county DA prosecutes as felony with "special weapons allegation" under argument that defendant "shot an unarmed man", but defense argues defendant reacted to threat with reason.

Jury fully acquits defendant of charges.

[scarville]

From the article

Prosecutors charged Outcalt with assault with a deadly weapon and assault with a semiautomatic handgun, with special weapons allegations that would have increased his prison sentence. The case went to trial before Judge Andrew Sweet. [emphasis added]

Maybe it is just sloppy reporting but I don't get that at all. Is there some legal mumbo jumbo that pretends there is a difference between being shot by a "semiautomatic handgun" versus a revolver?

[mag360]

HAHAHAHAHA screw the Marin DA. "special weapons allegations"... maybe if the guy had blown his legs off with an IED? but a pistol wound?

[bwiese]

From the article

Maybe it is just sloppy reporting but I don't get that at all. Is there some legal mumbo jumbo that pretends there is a difference between being shot by a "semiautomatic handgun" versus a revolver?

I believe there are enhancments for using an AW - but there's none for common-garden variety Glocks or Sigs, etc.

DAs do throw up whatever they think can stick - and/or this was misreporting by news source.

The defense attorney may not even have known about these details and chose to fight merely on the justifiability of the action.

[odysseus]

Maybe it is just sloppy reporting but I don't get that at all. Is there some legal mumbo jumbo that pretends there is a difference between being shot by a "semiautomatic handgun" versus a revolver?

Yes, in all probability from the news source: sloppy reporting.

[scarville]

Yes, in all probability from the news source: sloppy reporting.

Thanks.

Based on Bweise's post right above yours, I was guessing the DA was trying to game the system -- or snooker the jury. I do hope this verdict was as more about justice than a smack-down on the DA.

[rugershooter]

I'd have to look it up, but I think there's a mandatory increase in sentencing for using a semiauto handgun under the PC for assault with a deadly weapon...PC 245, I believe.

EDIT: PC 245(b) "Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years."

[rjf]

This is why showing up for jury duty is important.

[Andy Taylor]

This is why showing up for jury duty is important.

This

[dantodd]

FWIW when I served on a jury we were forbidden from reading the underlying PC and had to rely on jury instructions.

I'd have to look it up, but I think there's a mandatory increase in sentencing for using a semiauto handgun under the PC for assault with a deadly weapon...PC 245, I believe.

EDIT: PC 245(b) "Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years."

[Wolverine]

FWIW when I served on a jury we were forbidden from reading the underlying PC and had to rely on jury instructions.

The courts don't want to confuse the jury's little heads with too many details.

[mhho]

This is not sloppy reporting. One day, I started noticing that all the news channels started using the phrase "semiautomatic handgun". My guess is that they received a memo from an anti-gun right group on which term to use because they are trying to lay the ground work for their next gun ban. This was done to "assault weapons" before to change public perception. I think they are going to make a big push to ban the evil "semiautomatic handgun" next.

[Wolverine]

This is not sloppy reporting. One day, I started noticing that all the news channels started using the phrase "semiautomatic handgun". My guess is that they received a memo from an anti-gun right group on which term to use because they are trying to lay the ground work for their next gun ban. This was done to "assault weapons" before to change public perception. I think they are going to make a big push to ban the evil "semiautomatic handgun" next.

I agree. I have seen rate-of-fire comparisons between automatic and semi-automatic presented in a fashion that would seem to indicate there is little difference between the two.

[454CA]

Bump - for the application of justice in Marin County (a place where often Logic is suspended)

[Bert Gamble]

Good to see that there at least 12 normal people in Marin County. I just wonder how they managed to get called to the same jury?