David Gregory: Still not arrested for breaking DC’s gun laws, despite hundreds of thousands of witnesses to the crime
The DC police concluded their investigation without an arrest. The police have sent it to the DC Attorney General, who will decide.
And you can donate to the David Gregory Legal Defense Fund.
January 9th, 2013 at 12:52 pm
I’m guessing the AG’s office will say that due to their caseload it could be a while before they can review the case and they likely will try to round-file it and hope the media ignores the issue.
January 9th, 2013 at 1:17 pm
Given that this is DC they will probably stall beyond the statute of limitations and then declare it unprosecutable. Now if it were you or I who broke that (pointless) law we’d already be in jail…
January 9th, 2013 at 1:49 pm
So we will now have the “Gregory” defense… sigh
January 9th, 2013 at 1:59 pm
Well shit, I might actually contribute if the funds were solely earmarked to defend Gregory against this one act he did on TV, and when he’s never prosecuted, the funds go to the NRA instead.
How would it look if grassroots raised $1 million for Gregory’s defense and because he was never charged it was all earmarked to go to Eddie Eagle program? [1]
You know they keep trying to pass off that lie that the NRA is a marketing tool for gun sellers.
[1]To teach young kids to “STOP! Don’t Touch. Leave the Area. Tell an Adult.”
January 9th, 2013 at 2:02 pm
So, if they let him go, does that establish some sort of legal precedent?
January 9th, 2013 at 2:31 pm
Nope. Unfortunately, “prosecutorial discretion” is effectively absolute, and (in court) it takes more than this one case to show a pattern of unequal enforcement that would allow an “equal protection under the law” defense for anyone that does get charged.
January 9th, 2013 at 2:51 pm
Sure it sets a precedent, just not one a judge would cite to under stare decisis. The law should become effectively unenforceable, because no prosecutor will be able to get a DC jury to convict a poor, black man from Anacostia, once they’ve seen the video of Gregory waving the magazine around with no consequences.
Even if you DO get a conviction, on appeal, all the average DC defendant would have to do is trot out the video of Gregory, and point out that the law was intentionally written to outlaw possession of a widely held item, then prosecutorial discretion was used to discriminate against poor minorities. We all know DC’s gun laws were originally written to disenfranchise poor black men from their fundamental right to bear arms, the Gregory case just proves it. Graphically.
If they don’t prosecute, I’m actually wondering if I could take on some pro bono and try this defense out. Seems like it would be fun.
January 10th, 2013 at 8:48 am
Meanwhile, in Cuomo’s NY, a decorated combat veteran was arrested on 5 felony charges for possessing the same 30 round AR-15 magazine that Gregory was bradishing – http://legalinsurrection.com/2013/01/injured-special-forces-soldier-arrested-in-upstate-ny-for-possession-of-high-capacity-ammunition-magazines/
January 10th, 2013 at 9:17 am
I don’t know about back east but as you may know we are under a magazine ban in California. Nothing over ten rounds. However there is a loophole for the entertainment industry to use “high capacity” magazines as props.
Perhaps Gregory was taking advantage of a similar loophole?