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  1. #1

    Angry Multiple felonies around a weapon that was never found

    I am from Georgia, my husband and I had just moved into a apartment less than 24hrs later he's in jail facing 5 felony charges. The story goes like this. I purchased a firearm w/o my husband's knowledge b/c I'd been getting threats and I was scared of being w/o him and not having protection. I was not aware that I was not allowed to own a gun since my husband is a convicted felon. I came home on the first day at our new place , I got out of my car in the parking lot and heard gunshots, I ran and got back into my car and took off, i had my 3 year old in the back so I wasn't sticking around to see what was going on. I went to the police station, they took me to my apartment where they placed my husband under arrest for the following: firing a weapon under the influence, felon in possession of a firearm, aggravated assault first degree (2counts) and criminal damage. The gun that has never been recovered was supposedly shot into the floor of the upstairs neighbor and her and her child were in the apt but were not harmed. They said the shells they found were from a 380 calibur weapon which is what I owned but they could not find my weapon anywhere. My husband said that he was cleaning and someone came in behind him and pulled a gun on him he struggled to get it away from the person and it went off in the ceiling, he then took off running and then called the police. The police have never found the gun involved and or my gun, they said they have witnesses stating that they have seen my gun which is BS b/c I didn't know anyone in the neighborhood I'd only been there less than 24hrs. The landlord was supposed to be getting our locks changed b/c the landlord had no key to our unit so our door was unlocked while we made trips to move our stuff in. What I think is someone came in while we were gone and went through my things and found my gun took it and since they didn't see my car the next day they thought I was gone and came back to get more things and my husband startled them. The neighborhood was not a very good one and their were troublemakers all through it ,that I wouldn't put it past to know what having a hot gun would mean. What do you think my husband's chances are of beating this?

  2. #2

    Default Re: Multiple felonies around weapon that was never found,etc

    hi, i know what you are going through must be difficult. First off i will tell you to get a public defender if you cannot afford an attorney. I just had a friend go through some similiar stuff but they did find the gun and it was a CCW(carrying a concealed weapon). It is an automatic 5 yrs in prison now for being a convicted felon in possesion of a handgun, not even allowed to be within so many feet of them. I am not 100% sure that this is in all 50 states but that is what the police told me. I know it is in Michigan where i am from. I will be praying for you as i know what it is like to have your husband in jail facing prison. I am a mother of 4 kids and am 2 months pregnant and my husband just got arrested on retail fraud(shoplifting) and that carries a max of up to 5 yrs in prison. He was just recently in treatment and they went there to get him on a warrant but i guess the police cant do that for confidence reasons but he ended up turning himself in. I will be praying for you and your family and please contact an attorney as soon as possible. If you ever need to talk my instant messenger is dueonxmaseve2003@yahoo.com or thisonebetterwork@hotmail.com Best of luck to your husband.

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Multiple felonies around a weapon that was never found

    The mystery man entering the apartment and pulling a gun defense only goes so far ... I'm gonna guess that the police and the prosecutor are not going to buy that argument. And hubby better hope that they did not do a GSR test of his hands or he'll be cooked if he did fire the weapon.

    He needs an attorney immediately.

    So ... where IS your gun? If you recently purchased it, certainly you know where it is. If not, have you reported it stolen?

    - Carl

  4. #4

    Unhappy Husband Accused of Discharging a Gun In The Apartment

    He has a public defender and they did a GSR test, But noone has given us the results, his attorney hasn't even contacted him. I had my weapon in my home the day all this happened the police are the one's who searched my house and told me that my gun was missing when I told them I wanted to report it stolen they said I couldn't until they proved my husband didn't have it.

    Does anyone have any advice about this? What can they do with only circumstantial evidence? And about the GSR test if my husband was struggling with the offender when the gun went off wouldn't he have GSR on his hand too? All the police found was the empty shell casings and one slug lodged in a stud in the roof of my place. They have so called witnesses but I know when I pulled up and heard the gunshots there was no one around anywhere. So without ballistics to the weapon used and without finding my weapon what the hell do they have really? That's what is ticking me off so much someone came in our place and since my husband has a record from back in 1996 they just assume it's BS and he's firing a gun he didn't even know about in our ceiling for what reason? Dosen't make sense!! Someone please help me figure this out.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: Multiple felonies around a weapon that was never found

    Quote Quoting Stephaniechantell
    View Post
    Does anyone have any advice about this? What can they do with only circumstantial evidence?
    It's pretty damning "circumstantial" evidence ... a gunshot from your apartment ... same caliber as your now missing gun ... hubbie was likely inebriated or high (by your characterization of a charge of being under the influence) ... likely an alleged assault by a mystery individual no one else saw and is hard to believe happened ... your leaving ... the gun missing ... a prosecutor can make a pretty damning case here.

    And about the GSR test if my husband was struggling with the offender when the gun went off wouldn't he have GSR on his hand too?
    Probably. But, I'm sorry, no one is going to buy the "... I was minding my own business in a new apartment when this guy walks in without my knowledge and pulls a gun on me ..."

    Sorry, but that sounds lame. if its true, it is one of those one-in-a-million things and he needs to buy a lottery ticket!

    All the police found was the empty shell casings and one slug lodged in a stud in the roof of my place.
    That can be enough. Unless neighbors heard him fight ar argue with someone other than you, it will look even more damning. And if any of the shell casings come back with even partial prints matching you or hubbie, then his goose is cooked.

    They have so called witnesses but I know when I pulled up and heard the gunshots there was no one around anywhere.
    Neighbors would have heard the yelling.

    And, just to add to the Ripley's Believe it or Not scenario, it sounds just a tad too pat that you just pulled up, heard the shots, then ran to the police station ... calling would have been good, too.

    I could probably hypothesize that you were involved or were present when this happened ... maybe the two of you argued ... maybe he or you fired the gun to scare the other one . who knows?

    In any event, his defense story sounds pretty weak - legally and believably.

    So without ballistics to the weapon used and without finding my weapon what the hell do they have really?
    Possibly enough to convict.


    - Carl

  6. #6

    Default Re: Multiple felonies around a weapon that was never found

    I understand your scenario but let me tell you why It isn't so weird that a "mystery man" walked in on him, it's b/c we had been threatened for weeks prior, I had been told that something was going to happen and even if my husband wasn't at fault he was going to take the rap anyway, We had been followed and where we moved was a secluded country area where it is real convienient to do this and noone is gonna say they saw anything b/c the majority of the neighbors are illegals or doing illegal activities themselves. I had just pulled up b/c I'd been gone on interviews all day and I had just picked up my 3yr old son. My husband wasn't even supposed to be home. When I pulled up I heard what sounded like fireworks and with all that had been gong on my 1st thought was my son in the back seat. I lived maybe a mile from the police station and I didn't have a phone in the house yet, my cell didn't pick up in that area. I thought that if I could get the hell out of there as fast as I could my son & I would be safe. I went straight to the police station. Also about the being intoxicated he was charged with that b/c he admited to drinking A beer earlier that day. And why won't they let me report my gun stolen?

  7. #7
    Join Date
    Sep 2005
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    California
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    Default Re: Multiple felonies around a weapon that was never found

    Quote Quoting Stephaniechantell
    I understand your scenario but let me tell you why It isn't so weird that a "mystery man" walked in on him, it's b/c we had been threatened for weeks prior
    Any other details you failed to mention?

    Apparently the police aren't buying this story, either.

    Did you husband ID him? Give up this guy's name? Any proof of these alleged threats? And what was your husband involved in that attracted this kind of individual?

    And why won't they let me report my gun stolen?
    Probably because they think you hid the gun and are trying to help him concoct a story for his defense.

    From the outside the story looks a tad lame.

    Ultimately it will come down to what the state thinks it can prove. if they have no witnesses and believe that the defense can make a reasonable case for reasonable doubt with the intruder story, he might get a plea deal or they might decide to drop charges. I'm gonna guess that they are going to be willing to go ahead with the mystery suspect story because that would require the defendant to take the stand ... not something the defense may want to do depending on the truth of the matter.

    If there is no name or ID for the suspect in the alleged assault, then it's going to sound lame to a jury as well.

    - Carl

  8. #8
    Join Date
    Sep 2006
    Location
    Florida
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    Default Re: Multiple felonies around a weapon that was never found

    I've heard of happenings like this before and they all end up with the felon doing five years in prison. A woman had a gun the felon didn't know about. The probation officer went to the house and somehow saw the gun. The felon (man) went to jail. The woman said she didn't know he wasn't supposed to be around guns.

  9. #9

    Default Re: Multiple felonies around a weapon that was never found

    He did give them names of who he thinks it was because the guy had a bandana over his face. I also told the police about the threats and that somemone had done something like this to us before in our old apartment. Someone rolled up in my neighborhood and shouted at my husband and then shot up in the air. I was at work and my neighbors are the ones who told me about it. The police told me they don't believe us. And they searched around my apartment 3 times and my vehicle 2 times and didn't find the weapon so why where the hell could I have hidden it also the witnesses said they saw my husband throw the gun outside the apartment after I left but where they say he threw it the police searched and only found his wallet. Which is what my husband said he threw. It might sound lame but I know that what I've stated is true I can't say what happened inside since I wasn't in there but I know what happened outside and what the police told me.

  10. #10

    Default Pleading Insanity

    What do you think the prosecutor is going to say when they find out my husband was just diagnosed w// schizophrenia, and has already been diagnosed w/ Bipolar Mania I, & ADD? Do you think they are gonna try and screw him since he has these disorders?

    Will they try to prove him insane or will he be able to stand trial?

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