A 29-year-old local man had a couple minor teenage alcohol consumption violations and a debatable third alcohol offense six years ago. These were status offenses with no victims. The third offense, however, automatically classified him as a “felon.” As such, a completely unrelated set of circumstances is now threatening him with a mandatory sentence of four or more years in prison.
While he was house-sitting his grandfather’s home, a random inspection by a parole officer uncovered two technical violations there. His grandfather and uncle had each left their handgun in the house, one stashed away in a closet. Though he had already been permitted to use firearms for hunting, a “concealable firearm” in his presence constituted a parole violation. And since he was already labeled a “felon,” this fired up an aggressive prosecutor to go for the maximum penalty, even though the local arresting officer was willing to overlook the situation as a learning experience. No one was threatened, no gun laws were broken, no evil intent was evident, and his prior convictions had nothing to do with firearms.
Two months ago this gainfully employed family man was tried and released due to a hung jury. He now faces another trial before the same over-zealous prosecutor. The jury could determine that adhering to the law in this set of circumstances would be a rank injustice and refuse to convict, for the severity of punishment far exceeds the nature of this victimless parole violation.
James Axel Wilson