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  1. #1
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    Unhappy Discharge of a Firearm in or Near a Building, Assault with Deadly Weapon

    My question involves criminal law for the state of: Michigan I've made the size bigger and bold letters for those who may have vision problems

    My friend is being charged with ADW and Discharging In A Building and if convicted of one possibly Felony Firearm. Here is what was said went on his babies mother and him had a fight yelling and grabbing both of them. He has a CCW and can carry legally. It was said he was drinking but he says he was not, as well as that he had choked her, and pointed the gun to her head a few times. The police where called and after that the gun went off then it was said he chased her doing the same into his 5 year old daughters room choking and pointing at her. Now he says he didn't chase her into his daughters room and when the gun went off its because she had grabbed it in his holster, and he yanked it out to remove it from the room, but it fired behind him when he pulled it out. He says he then walked to the living room and put it down and went back into the room to talk to her trying to tell her it was no need for the police to come. She just stood there so he went to the front picked his gun up and put it on his bed in the room which she sat in. Then went to the front door and waited on the police to arrive.

    She said she told the police she did not want to press charges, and she just wanted him to calm down. They forced her to write a statement and sign it. Later the prosecutor had mailed her telling her they was his lawyers, and they was sending her a packet to try and get the charges dropped. Come to find out they where not his lawyers. They went to pretrial, and she again told them that she didn't want him to go to jail or to press charges they told her well its not up to her. The discharging in a building was because they where in a apartment he has a court appointed B lvl lawyer and his case is C Lvl. So he's looking for as much help as he can get as well as his babies momma to try and help him. He doesn't want a felony or to loose his gun rights because he is always getting robbed and has been jumped 3 times once almost loosing his life. What are some things he can do? Thank You Kenny

  2. #2
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    Jan 2006
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    I've made the size bigger and bold letters for those who may have vision problems
    If a person has a vision problem, all they have to do is hold "ctrl" and press "+". They really don't need you to post in such a large and bolded font.

    They forced her to write a statement and sign it.
    forced her? How?

    He has a CCW and can carry legally.
    from what you wrote, not for long

    and he yanked it out to remove it from the room, but it fired behind him when he pulled it out.
    then he is obviously guilty of discharging a firearm in a building and it is so egregious because it was an apartment. If he does not know how to handle his own gun, he has no business carrying one.

    trying to tell her it was no need for the police to come.
    of course he would say that. I suspect the neighbors didn't feel the same

    She said she told the police she did not want to press charges,
    this never was her choice. His offense is against the state so she has no control over him being charged or not. It is up to the DA and, based on what you have posted, at least one of the charges is valid. Depending on her statements, maybe the other one as well.

    He doesn't want a felony or to loose his gun rights
    he can kiss the CPL goodbye. I don't see any way to keep it given the charges.

    What are some things he can do?
    hire a really good attorney

  3. #3
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    Aug 2012
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    Forced as in they told her she had to write and sign it (saying she would get in trouble if she hadnt) even though she told them she didn't want to.

    The gun fired he said because the safety had been flipped off from when she grabbed and he yanked from her and his finger just hit the trigger.

    Lol He says the Neighbors were not mad because the bullet never went through anything that damaged there living space it stopped in his brand new dressed but destroyed all the dvd's inside lol.

  4. #4
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    Again, if he does not have the ability to properly control and use a firearm...he has no business carrying one. There is no reason his finger should have been anywhere near the trigger in this situation. Someone grabs for your gun in your holster and gets a hand/finger on it, you do everything in your power to keep the weapon in its holster. A proper holster will not allow an accidental discharge so it's better to keep it holstered instead of trying to remove it. Your friend is either stupid or lying about the circumstances.

    What did he do to cause baby mama to believe she needed control of his firearm?

    And what's up with the lol? This is not a laughing matter. Someone could have been killed because your friend is too stupid to know proper firearm handling techniques.

    If he's been beat up and robbed repeatedly while having his right to a firearm, I don't think it's gonna be much loss when it goes away. He should look at leaving the environment that cultivates the mess. Oh, and he's liable to be slapped with a protective order from the court to stay away from baby mama and baby.

  5. #5
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    Jan 2011
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    Indianapolis, Indiana
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    346

    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    Your friend has problems because he made a choice to hang out with his children and their mother at home while carrying a loaded handgun. That can be only described as moronic behavior and if he could be arrested for being stupid he should be charged with that too.

    The same goes for his children's mother if she is truly saying she doesn't want any charges filed after a firearm is discharged in a residence during an altercation while her children are present.

    After reading your version of events, I cannot come up with any sympathy for him. He is a poster child for those trying to impose gun control laws.

  6. #6
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    Kenny Mack? Cute choice of username.

    When your friend fired his gun, he was in the living room and his daughter and ex- appear to have been in the bedroom. The bullet went into... the ceiling? The floor? A wall? And if a wall, which wall relative to the bedroom?

    If I am to understand, the child's mother called 911 and claimed that your friend was drunk, grabbing her, choking her and holding a gun to her head. You have told us he protests, "I was not drunk" - that's all he denies?

    Then after she got off the phone with the police she tried to get the gun away from your friend and, when that failed, went into the bedroom with her daughter - she claims she was chased, he denies it, but one way or another he followed her in. He then "yanked [the gun] out to remove it from the room", and it discharged... into what? The ceiling? Floor? A wall?

    Why was it necessary for him to draw the weapon to remove it from the room? It was in a holster, strapped to his body, so it would go wherever he went. He could have simply walked out of the bedroom, where he knew he wasn't wanted, and parked himself in the living room. Or he could have waited until he was in the living room to "yank out" the firearm. Then, when he couldn't talk her out of calling the police, he went back out to the living room, got the gun, and brought it back into the bedroom? And left it with his ex?
    Quote Quoting kennymack
    He doesn't want a felony or to loose his gun rights because he is always getting robbed and has been jumped 3 times once almost loosing his life. What are some things he can do?
    Move to a safer community.
    Quote Quoting kennymack
    Lol He says the Neighbors were not mad because the bullet never went through anything that damaged there living space it stopped in his brand new dressed but destroyed all the dvd's inside lol.
    lol? I don't think that the judge is going to share your sense of humor.

    You say "they went to pretrial" - do you mean preliminary exam? And he was bound over to Circuit Court? Or are you talking about a Circuit Court pretrial that occurred after bindover, in which case why would the victim have been present?

  7. #7
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    I'm also kinda surprised your friend isn't looking at some kind of domestic violence charge. Does your friend's baby mama own or rent, cause if it's rent I'm seeing a parting of the ways with her landlord coming. I don't know if this kinda thing would be grounds for eviction but I wouldn't renew the lease when it's up if I were the landlord.

  8. #8
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    Mar 2005
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    Michigan
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    The ADW charge is far more serious than a DV charge, so I'm not surprised that the prosecutor went with the more serious charge rather than filing both.

  9. #9
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    I wasn't sure if MI had a DV-enhancement like some states.

  10. #10
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    Default Re: Assault with Deadly Weapon / Weapon-Firearm- Discharged in or at Building

    kennymack;642606]Forced as in they told her she had to write and sign it (saying she would get in trouble if she hadnt) even though she told them she didn't want to.
    and of course they told her what she had to write, right? Sorry, not buying it for a second.

    The gun fired he said because the safety had been flipped off from when she grabbed and he yanked from her and his finger just hit the trigger.
    No, the gun fired because he does not know how to handle a firearm. A person that knows how to handle a firearm knows you do not draw your weapon with your finger on the trigger. You never know when, well, when the safety might have either not been activated or accidentally flipped off either by some idiot grabbing for your gun or something as simple as it rubbing against the holster.

    Lol He says the Neighbors were not mad because the bullet never went through anything that damaged there living space it stopped in his brand new dressed but destroyed all the dvd's inside lol.
    Great; he has stupid neighbors. The no harm no foul rule doesn't apply to discharging a firearm in a building.

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