GUN Marine Who Fought In Iraq Faces Weapons Charge

Discussion in 'On Topic' started by reman, Jan 22, 2007.

  1. reman

    reman New Member

    Joined:
    Jul 22, 2005
    Messages:
    1,310
    Likes Received:
    0
    Location:
    Houston / Austin
    http://cbs5.com/localwire/localfsne...eadlineNews/MARINE-CHARGED/resources_bcn_html



    SANTA ROSA (BCN)
    The case of an Iraq War veteran accused in a felony weapons charge locally was set for trial today, with the defendant downplaying the incident that led to his arrest and saying a guilty conviction would ruin his life.
    After a hearing today to transfer his case to another magistrate, U.S. Marine Cpl. Lorin Colin Smith was set to appear in Sonoma County Superior Court on Wednesday on a single charge of willfully discharging a firearm in a grossly negligent manner that could result in injury or death to a person.
    Cpl. Smith saw a lot of combat during his two tours in Iraq. His Humvee was in a convoy two hours behind the one that contained Lance Cpl. Patrick O' Day, of Santa Rosa, who died at age 20 when his tank overturned in the Euphrates River in Nasiriyah on March 25, 2003.
    Smith, 23, was in the process of enlisting in the Marines on Sept. 11, 2001 and he will tell you his 3rd Battalion was among the first 20 vehicles that left Kuwait and entered Iraq when the war began nearly four years ago. After his two tours of duty that lasted 16 months he was placed on inactive reserve in September 2005.
    On April 10, 2006, Smith fired his SU-16 Kel-Tech .223 caliber semi-automatic hunting rifle into a woodpile in the yard of his parents' home in rural Forestville.
    He said gunfire is common in the wooded area surrounding his parents' 2-acre property, and when someone fires off a few rounds, others sometimes respond "just to make noise.'' He likened it to "a conversation'' and also admits it helps release tension.
    "It's a guy thing,'' he said.
    But his neighbor called the Sonoma County sheriff's office to report a disturbance, Smith recalls, and before that night was over, Smith was arrested and officials confiscated weapons and parts of weapons worth $6,800 in total. He spent about 14 hours in detention in the county jail. Sheriff's deputies told him they were taking him to the Veterans Administration to get counseling, but took him to the jail instead, Smith said.
    On Wednesday he will be in his dress blues when he appears in Sonoma County Superior Court to be tried for one felony count of willfully discharging a firearm in a grossly negligent manner. The statute carries a penalty of up to one year in the county jail or state prison.
    Smith and his attorney Richard Scott think the charge should be reduced to a misdemeanor and Scott has lobbied the Sonoma County district attorney's office to reduce the charge. Both Scott and Smith admit the incident was a disturbance of the peace and Smith said he is willing to plead guilty to that misdemeanor offense.
    "A felony will ruin my life,'' Smith said outside the courtroom today where a judge transferred the case to another magistrate.
    Scott said the prosecution would have problems proving the case. He said he would ask the trial judge to dismiss the case after the prosecution presents its case. He also says he doesn't believe a jury will convict his client of a felony.
    "The purpose of a district attorney is to protect the public and determine that justice is done, not act like computers, but to look at the circumstances'' Scott said. "The rifle was fired into the ground.''
    Smith said the nearest house was several hundred feet away and no one was in danger. The woodpile was in the middle of his parents' yard and he was standing a foot away from it when he fired the hunting rifle.
    He said he is careful about securing the weapons he owns, keeping them under lock and key, and he keeps the ammunition in an area separate from the weapons.
    Assistant District Attorney Christine Cook said professional ethics prohibit her from discussing the case to protect the defendant's right to a fair trial.
    Cook said the charge could be filed as either a misdemeanor or felony but that it is a serious charge that involves public safety. She said the district attorney's office is doing a "thoughtful review of the case.''






    :ugh::ugh:
     
  2. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

    Joined:
    Oct 3, 2005
    Messages:
    5,406
    Likes Received:
    0
    Location:
    Florida
    :ugh: wtf confiscated nearly $7,000 worth of weapons. Fucked up story.
     
  3. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

    Joined:
    Jul 28, 2006
    Messages:
    47,998
    Likes Received:
    0
    Location:
    Mini Soda
    I hope the wood pile truly deserved it if he IS found guilty of a felony.
     
  4. Alphaeus

    Alphaeus New Member

    Joined:
    Oct 5, 2003
    Messages:
    12,101
    Likes Received:
    0
    Location:
    Chicago
    :california:

    He should be charged with a noise violation at the most, but this charge is total bullshit. Since when is firing into the ground likely to cause injury or death of a person? If it goes through the earth and hits someone in china?
     
  5. quadracer420

    quadracer420 New Member

    Joined:
    Nov 28, 2006
    Messages:
    343
    Likes Received:
    0
    ^^ maybe the people thought the bullet would boom-a-rang effect and hit them ? But it does sound fucked up:eek3:
     
  6. [DWI]

    [DWI] Master of Nothing

    Joined:
    Aug 6, 2000
    Messages:
    21,936
    Likes Received:
    0
    Location:
    Maine
    I'm not sure how it is in :california: but around here most cities have a "it is unlawful to discharge a firearm within city limits" ordinance. Still confiscating 7k worth of weapons is BS maybe taking the one that was used, but them all :california:

    I don't think that it would be a situation I would be shooting in personally, they say that we was only a foot away from the woodpile so no real chance of missing and all shots were at a steep enough downward angel to pose no risk but still, "Smith said the nearest house was several hundred feet away" I wonder what several hundred feet away really mean, after all a standard rifle range is several hundred feet.
     
  7. hsmith

    hsmith OT Supporter

    Joined:
    Feb 24, 2002
    Messages:
    124,499
    Likes Received:
    578
    Location:
    Your mother.
    It could have killed someone in China.
     
  8. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

    Joined:
    Oct 3, 2005
    Messages:
    5,406
    Likes Received:
    0
    Location:
    Florida
    It's not like they don't have tons of people to lose.
     
  9. t1h

    t1h Guest

    so he discharged a firearm in city limits? if so what a dumbass. if it was in the county, then I don't understand why he is being charged
     
  10. BigBadJohn

    BigBadJohn Pay-back time OT Supporter

    Joined:
    Sep 11, 2005
    Messages:
    21,272
    Likes Received:
    8
    Location:
    Kell, Illinois
    It said rural. So I assume he was either in some small town or more out in the country. If so, then thats total bullshit. My uncle has a second home in a white trash town not far from here and sometimes he shoots squirrels off of a tree in his backyard. Noone says shit
     
  11. Gimik

    Gimik New Member

    Joined:
    Sep 16, 2003
    Messages:
    36,559
    Likes Received:
    0
    Location:
    Feenicks, Az
    Sonoma is all farms and vinyards... I don't think there is any city there to speak of except for the 1 square block of downtown.

    It's a pretty wealthy place though.
     
  12. jeepilot

    jeepilot Banned

    Joined:
    Aug 12, 2005
    Messages:
    4,603
    Likes Received:
    0
    Location:
    KCMO
    I'm really surprised they called the Kel-tec su-16 a hunting rifle. It is anything but. It also has the capacity to take high caps, so i don't know how it's legal in .california anyway...
     
  13. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

    Joined:
    Jun 9, 2004
    Messages:
    14,257
    Likes Received:
    0
    Location:
    NY
    I dont know the area, article makes it sound rural in which case I dont see the big deal.
     
  14. vettefan52

    vettefan52 Guest

    that entire state should just be bombed off the face of the earth. such a worthless shithole.
     

Share This Page