Archive for April 4th, 2008

Guilty As Charged

Friday, April 4th, 2008

cz52serger003.jpgA local grandmother bought this gun, a CZ-52 (Czech military weapon) at a pawn shop.   Click here to read more about the gun.  Her son was caught with it.  The question is how?   

I was Juror No. 6.

We asked the trial be extended another day, and we deliberated for more than a couple of hours on this, what many would consider a cut and dry case.  All of us (jurors) cared, both about the defense and his family, and about our community and delivering a verdict that was in line with the law and the protection of our citizens.  And I can say, after deliberations, that all 12 of us were wanting to deliver a fair and just verdict based on the evidence.   But we weren’t in agreement.

You might think a charge of being a felon in possession of a firearm would be quickly decided and easy to defend or argue.  That wasn’t the case. 

I was fascinated by what I saw, heard and experienced this week, from our system of forensics to law officers being affraid for their lives, to a part of our society that lives in fear.  

I really would like to talk about this.   Not that you need it, but I believe it’ll be a healthy discussion that might lead to understanding.  

Here are the trial stats:

27-year-old Aaron Shawn McKinney of Shreveport, previously charged with Schedule II possession (28 grams cocaine), now with being a felon in possession of a firearm.  None of the officers testifying had ever seen a CZ-52.  It’s an old military Czech pistol.   Does your grandmother have one? 

We needed to consider that this grandmother lives in a crime-ridden area and says she’s afraid for her life.  And she says the pawn shop employee told her it was a .357. 

Her son, Aaron McKinney, is pulled over for driving a car with stolen plates.  The detective behind McKinney testifies she sees McKinney reach toward the back seat when he probably saw a marked car approaching him.  During the stop, the detective retrieves the weapon as she lifts up the back seat of the Crown Vic off it’s base.  The driver is McKinney, known on the streets as Dinosaur.   

What came into play was “in possession”.   Was it McKinney’s gun?

Not so fast.  Mom gets on the stand and says she not only bought the gun, but put it there prior to an altercation with McKinney’s girl (the mother of one of his children).  She testified that she lifted up the backseat from its base on the Crown Vic to put that gun there prior to her altercation with his baby’s momma and that McKinney didn’t know it was there.  

Okay, could be.  And as jurors, we ignored things like:  Grandma’s two year old wasn’t in a car seat, was instead sitting on top of a loaded military assault weapon.  There are the stolen plates and the previous coke charges.  Okay, now what?

Well, basically, the mom’s story didn’t add up.  And there were inconsistencies between her story and that of the defense.  What did add up is the testimony of the three officers on the scene and the video that accompanied it.

IMO, this trial could have easily not happened if our crime lab had the necessary resources to test the DNA submitted.  The lab is jammed with more serious crimes-against-persons cases and didn’t get to this one.  Thus, Tommy, a trial ensued. 

  

  

Newsroom Quotes

Friday, April 4th, 2008

“Trish, we’re going to be kind of tight, so skip every other word.”  –Clay Kirby 04-01-08

“Were any of these kids children?”  –Randy Bain 04-02-08

“My neighbor thinks my name is Wayne.”  –Steve Anderson 04-02-08

“When you have a body like mine, who needs a head?”  –Trish Williford 04-02-08

“I wish Fletch were my dad!”  –Sherri Talley 04-02-08

“Why did they leave cheap wine glasses and a hair trimmer  in my car when they stole it?”  –Clay Kirby  04-02-08