Free Matthew Corwin

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<I find it hard to believe that someone that has done nothing wrong would get a case this severe brought against them.>

<Believe it.>

Never saw this until just now. I wasn't positive that you were innocent, but had the feeling that you were from the list of charges, oddly enough. I've btdt and they stacked em up real similar on me. I made the mistake of not answering the door to an LEO and they declared me a barricaded suspect and brought in the swat guys. I was facing 38 yrs and they seized 11 (?) of my weapons (all they could find!). They destroyed my house, charged me with holding my kids hostage!, and a slew of other contrived charges. They did this because they wanted to keep my property (and yours). I almost took it to trial but finally met with the prosecuter ftf and suprisingly enough he was able to perceive reasonable person in me and drop everything, return all my property, and cut me loose in exchange for a misdemeanor failure to obey a lawful order of a peace officer (to come out the house...heck yah i disobeyed at first, I was scared with all those mp5's outside. I thought I was watchin the waco movie again when I looked out the window.)

So yeah, believe it. It can happen to you too.

I'm disappointed in you guys for not having more faith in people than in government. I used to like you PP, but my god you lit that torch fast.:mad:

GI, I respect that you fessed up to doubting his innocence and admitted your incorrectness where you didn't have to because you didn't put anything in print in the first place...That's highly respectable and a mark of intelligence.

Brings us full circle to question authority. Good luck and congrats BWO, sorry to hear they abused you.
 
Case summary

Matthew Corwin is a former military police officer who attended East Los Angeles College (ELAC) while on injured reserve leave from the Army until being reactivated. Mr. Corwin was the president of that campus's chapter of Students for the Second Amendment, a vocal civil rights advocate, and the student body president. Mr. Corwin is also a firearms collector with a C&R FFL issued by the federal government.

On April 23, 2007, the Los Angeles Sheriff’s Department (LASD) was directed by a caller, apparently a ELAC student, to a MySpace.com webpage run by Mr. Corwin. At the time, many officials and students at ELAC were very concerned about the events that had taken place a week earlier at Virginia Tech involving a mentally ill and socially isolated student who had illegally acquired several handguns that he used to kill and injure many of his classmates.

While Mr. Corwin does not fit the profile of that individual in anyway, there were some misunderstandings about images and statements on his website.

The MySpace.com website, which he used mainly to keep in touch with friends from the military, depicted numerous firearms. The website also included videos of Mr. Corwin shooting those firearms at shooting ranges.

LASD Detectives mistakenly believed the firearms depicted on the website were illegal “assault weapons” as defined (poorly and imprecisely) by California law. Unfortunately, there is little visual difference between legal firearms and illegal “assault weapons” under California law. LASD was also concerned about a video posted on the website that appeared to show Mr. Corwin firing a firearm in “fully automatic” mode. The video actually showed Mr. Corwin “bump firing” the firearm; a technique in which the index finger is held in one place and the recoil of the firearm causes the gun to “bump” against the shoulder and the index finger – thus rapidly discharging the firearm.

Believing Mr. Corwin possessed prohibited “assault weapons” or machine guns, and fearing Mr. Corwin constituted a possible threat to the school, Sheriff Deputies obtained a search warrant. On April 25, 2007 Deputies searched Mr. Corwin’s residence -- the home of his grandmother, where Mr. Corwin was living while attending LACC (pending being reactivated into the Army).

The search of Mr. Corwin’s residence turned up three alleged “assault weapons:” an ITM Arms Co. Model MK 99; a Fulton Armory, FAR-15 (lower receiver and “bullet button”); and a Mega-Gator (with an “MonsterMan” grip). Officers also found what they later called a machine gun, which was, in actuality, a semiautomatic Allied Armament replica 1919A4. Documentation relating to a “group buy” Mr. Corwin arranged for members of Calguns.net was found with the 1919 A4.

In addition to the allegedly illegal firearms, the search yielded various military credentials and identification, a chemical suit, and a bulletproof vest, all relating to Mr. Corwin’s military service.

Officers also found what was characterized by the police as “sap gloves” and a “shuriken” throwing star (used in martial arts).

Mr. Corwin was arrested and taken to the East Los Angeles Sheriff’s Station. His bail was set at $500, 000.00. As a result of the seizure, Mr. Corwin was charged with twelve felony violations of the California Penal Code.

Counts one through five related to the “group buy” of 1919A4 firearms. For each of the five firearms at issue, Mr. Corwin was charged with a violation of California Penal Code section 12280(a) for the unlawful importation and/or transfer of an “assault weapon.”

Counts six through nine alleged violations of California Penal Code section 12280(b), possession of an “assault weapon, ” for the MK 99, the FAR 15, 1919A4, and the Mega-Gator.

Counts ten and eleven alleged violations of California Penal Code section 12020, possession of an illegal weapon (for the “sap gloves” and “shuriken”).

Finally, count twelve alleged a violation of Penal Code section 496(a), possession of stolen property, for the military identification, chemical suit, and bullet proof vest.

Mr. Corwin’s mother retained Trutanich-Michel, LLP to represent Mr. Corwin, and calguns.net members banded together and began raising funds for Mr. Corwin’s defense.

Trutanich-Michel, LLP lawyers Chuck Michel, Jason Davis, Brigid Joyce, and Joe Silvoso immediately began working the case.

First, the lawyers obtained letters of character recommendation for Mr. Corwin to change the perception of Mr. Corwin created by the press, and to prove to the District Attorney’s Office that Mr. Corwin was a valued member of the community and did not fit the profile of a person posing a threat. Many letters were received in support of Mr. Corwin including many from military personnel and from those at the LACC, including faculty.

Realizing that the counts associated with the 1919A4 were the most severe in terms of bail and punishment; Trutanich-Michel went about the task of attacking those first. Thanks to the law firm’s extensive experience in the field of firearm law, the firm already had on hand a California Department of Justice letter confirming that the 1919A4 was a legal firearm in California. This was provided to the prosecutors. It took more work to confirm the allegations as to the illegal importation and distribution of those firearms were also unfounded and that the transactions at issue were legal. Half of the counts initially brought against Mr. Corwin were dismissed within two weeks of his arrest, and his bail was reduced from $500, 000.00 to an attainable $120, 000.00.

Trutanich-Michel, LLP lawyers then began the task of getting Mr. Corwin out on bail. Given a reduced bail amount, we were able to draft and file with the court documentation for Mr. Corwin’s grandmother to put up her house as collateral for bail rather than post a 10% ($12, 000.00) bond which would not be refunded. Compared with the typical process of posting a 10% bail bond, posting a property bond is an arduous process requiring the assistance of assessors, a title company, and most significantly, Matthew’s mother. Within a week arrangements were made to have Mr. Corwin out on bail. (On reviewing the papers, the clerk of the court even commented that the documents provided by Trutanich-Michel, LLP surpassed those supplied by the all-star legal team representing Phil Spector.)

Following Mr. Corwin’s release from the Pitchess Jail Facility in Castaic, California, Trutanich-Michel, LLP attorneys undertook to establish the legality of the remaining items Mr. Corwin was accused of possessing. Representatives of the law firm, along with retained AFTE certified firearm examiner experts, inspected the firearms and items seized by the Los Angeles County Sheriff’s Department.

During this time, Mr Michel received a call from the Detective involved in the case accusing Mr. Corwin of making violent threats against his former school and classmates on the internet. The Deputy also threatened that he intended to have Mr. Corwin’s bail revoked and additional charges filed. Acting quickly, we issued subpoenas for information to MySpace.com, internet access, and internet service providers. After working on this frantically for about a week, we discovered the alleged threats were actually falsified emails doctored by a third party from originals drafted by Mr. Corwin that contained no threats. The e-mails were altered to make it appear Mr. Corwin had threatened his school when in actuality it was the classmate who had altered the e-mails.
 
With this information and documentation in hand Mr. Michel went to court and convinced the prosecutor not to attempt to revoke the bail, nor to add additional charges to the felony complaint.

Trutanich-Michel, LLP attorneys Chuck Michel, Jason Davis, and Joe Silvoso then got back to the substantive defense work and drafted a 300+ page “Memorandum in Mitigation” outlining Mr. Corwin’s history, the present case, and the legality of each of the items Mr. Corwin was accused of illegally possessing.

The California Department of Justice Firearms Bureau suggested to the District Attorney’s office that the case could be used to settle the law about what the “capacity to accept a detachable magazine” means and to establish that the firearms as configured were illegal. Mr. Michel urged the District Attorney to reject that suggestion, and counseled Mr. Corwin that this was not an appropriate forum, the case he presented was not the appropriate vehicle, and he was not the appropriate party for a test case. A Los Angeles criminal court with a crowded docket is not the appropriate forum for fact finding and presenting the DOJ’s inconsistent historical positions. And while a guilty verdict might establish a precedent that the guns were illegal, an acquittal would not necessarily establish that precedent – unless perhaps through an opinion from the court of appeals (a costly and prolonged process). And in any event there were other charges relating to the shuriken and the sap gloves that complicated the case, particularly since any conviction, even for a misdemeanor, would jeopardize Mr. Corwin’s distinguished and promising military career.

The better and much more appropriate forum for resolving the issue of the legality of the configurations of these types of firearms is in a civil court in the more gun owner tolerant Fresno jurisdiction, with a firearm retailer as a plaintiff (among others).

As a result of these discussions and the “Memorandum in Mitigation” the District Attorney’s Office agreed to a civil compromise under Penal Code section 12282 for the remaining “assault weapon” charges in counts six, seve, and nine. This settlement involved only a small fine and relinquishment of these particular firearms. The settlement involved no determination nor admission that the firearms actually were “assault weapons.” Both Mr. Corwin and Trutanich-Michel, LLP still believe emphatically that they are not.

Also, Mr. Michel presented evidence that the “stolen” military items Mr. Corwin was accused of illegally possessing were actually his, and the District Attorney was unable to obtain any contrary information from the Department of Defense. So the DA acknowledged that the government would not be able to meet their burden of proof on these particular charges.
Beyond this tentative agreement, only the two counts relating to the violations of California Penal Code section 12020 remained. These counts are “wobblers, ” meaning they could be charged as either felonies or misdemeanors. The District Attorney was reluctant to dismiss these charges outright. There was some discussion of reducing them to misdemeanors, but even a single misdemeanor conviction would make it tough for Mr. Corwin to return to or advance in the Army. Thankfully, the District Attorney has a policy of considering these types of “collateral consequences” when negotiating the disposition of a case, so Trutanich-Michel, LLP contacted lawyers with the Army JAG Corp to determine the specific collateral consequences for a conviction to Mr. Corwin. We learned that these consequences could be severe and that Mr. Corwin almost certainly would not be able to resume his previous MOS (military occupational specialty) with even a misdemeanor conviction. This information along with the arguments relating to the legality of the “sap gloves” and “shuriken” was incorporated into another brief which was submitted to the District Attorney’s office. The case was reviewed at the highest levels of the office, and in the end we convinced the District Attorney’s Office that it would be in the interests of justice for the remaining to charges to be dismissed.

On December 17, 2007, the remaining 6 of the original 12 felony counts pending against Matthew Corwin were dismissed.

With the case now over Trutanich-Michel, LLP is now in the process of taking the bail lean off the house and getting Mr. Corwin’s property returned.

Mr. Corwin and the law firm of Trutanich-Michel, LLP, thank all of you who contributed to the defense fund for Mr. Corwin or otherwise helped us reach this conclusion. With all of the charges now dismissed Mr. Corwin seeks to move on with his life, both on and off the range.


C. D. Michel

Managing Partner

TRUTANICH-MICHEL, LLP

Attorneys at Law

Los Angeles Office

180 East Ocean Blvd., Suite 200

Long Beach, CA 90802

Phone: 562-216-4441

Fax: 562-216-4445

Email: cmichel@tmllp.com

Website: www.tmllp.com

Gun law info: www.calgunlaws.com
 
Holy smokes. That's one hell of a saga. Thank christ for good lawyers.

Do you still need any help with your legal bills or have you got that squared away now?

Are you going to file a defamation suit against the numbskull that falsified the e-mails? It seems like most of the work needed for that kind of case has already been done, but I guess a student may not have enough assets to bother going after...
 
Wow, that's just insane. It seems like the whole country is starting to go this way: See guns, make up charges (or follow the guidelines VERY loosely), arrest.

:barf:
 
Do you still need any help with your legal bills or have you got that squared away now?

Are you going to file a defamation suit against the numbskull that falsified the e-mails? It seems like most of the work needed for that kind of case has already been done, but I guess a student may not have enough assets to bother going after...
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I still owe about 10k in legal bills, but yeah that guy has zero assets, it would be a waste of time to sue.
 
That's what I figured, but keep an eye on the bastard until the statute of limitations runs. If he gets a good job or inherits some money during that time, take him for everything he has.

Is there a way for me to contribute with a credit card through paypal or something? If it's a check-only type deal, put the address up and who to make it out to.

I'm not a wealthy man, but I think you need a Christmas gift.:)
 
That's what I figured, but keep an eye on the bastard until the statute of limitations runs. If he gets a good job or inherits some money during that time, take him for everything he has.
Click to expand...

I'm not about to play armchair lawyer, but I'd guess that even if the numbnuts that falsified e-mails doesn't have money now a wage garnishment could be set up and the money could slowly be paid back. I'd also guess that the act was criminal as well as civil.
 
From the public information posted at CalGuns:
The calguns community came through wonderfully in support of our own. As of yesterday, TMLLP has received $27,840.00 from us towards Matt's defense. That, together with the $5,000.00 his family was able to provide, leaves an outstanding balance of $10,460.30. To all of you who have contributed already, please accept our heartfelt thanks. To those of you who have offered to contribute now, we thank you and gladly accept your generosity. Before Matt's arrest, there was much talk of what would happen if one of us were arrested, and many people promised to step up and help financially. You have proven to be men and women of your word, and I am honored to be a part of this community.

Checks for Matt's defense fund should be made payable to Trutanich-Michel Trust Fund, with "Matthew Corwin Legal Defense Fund" listed on the subject line. Mail them to

Trutanich-Michel LLP
180 E. Ocean Blvd., Ste 200
Long Beach, CA 90802

If you have questions, you can contact the firm at

Tel (562) 216-4444
Fax (562) 216-4445
www.tmllp.com
Click to expand...
There is a PlayPal account, but you will have to PM Matt for that info.
 
I still owe about 10k in legal bills, but yeah that guy has zero assets, it would be a waste of time to sue.
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Yeah, but you could keep him looking over his shoulder for many years after he graduates and gets that plum job which you could then order to garnish his wages.

By the way, while I do congratulate you on your success in fighting this idiocy, I still feel you were idiotic in airing your hobby through MySpace; especially knowing the state in which you are living and their penchant for throwing the book at anyone who deigns to own a firearm.
 
Sue the DA?

Can't the DA or the state be sued for the numerous incorrect charges? The DA/Prosecutor doesn't know their own laws they are supposed to enforce?
 
Can't the DA or the state be sued for the numerous incorrect charges? The DA/Prosecutor doesn't know their own laws they are supposed to enforce?
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He would have to show that it was a malicious prosecution and he can't do that. They had what the cops gave them to work with; and DOJ hasn't made it any easier to determine what is a legal firearm and what is not. The DA depends on the cops for good info. The problem is that the laws, as written, are so vague and ambiguous that no one knows what they are doing in that state.
 
All gun owners should just move out of Kali. Then we could give it back to Mexico. Just goes to prove how important it is for us in the free states to fight for our 2A rights.
 
The firearms laws were just one of many things which drove me out of California. I was born there and spent 47 years of my life watching that hell-hole grow wider and wider.
 
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