Good judge, dumb cop, hideous law in OH

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pax

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From http://www.dispatch.com/news/newsfea00/nov00/506584.html
for discussion purposes only (fair use).

Man guilty of reduced gun charge
A Franklin County judge thinks a felony indictment against an off-duty security guard went too far.
Thursday, November 23, 2000
Tim Doulin, Dispatch Staff Reporter

The case of an off-duty security guard accused of carrying a concealed weapon was resolved yesterday in front of the judge who criticized police and prosecutors for filing the charges.

Kevin P. Wren, 37, of the East Side pleaded guilty to attempted improper handling of a firearm in a motor vehicle, a second-degree misdemeanor.

The charge was reduced from carrying a concealed weapon, a fourth-degree felony. A second count of carrying a concealed weapon was dismissed.

Although the misdemeanor offense could have meant up to 90 days in jail for Wren, Franklin County Common Pleas Judge Richard S. Sheward imposed no jail time or probation.

Wren's attorney and an assistant prosecutor jointly recommended that Wren pay a $500 fine, but Sheward reduced that to $300, crediting Wren $100 for each of the two days he spent in jail.

"Frankly, if it hadn't been agreed on, I probably wouldn't have imposed that much,'' the judge said.

Sheward told Wren, "I still think the case should have been investigated a little more thoroughly and maybe you shouldn't have gone through what you went through.''

Wren, a bonded and state-certified security guard who works for a company that services cash machines for banks, was off-duty Aug. 6 when he wrecked his car on I-70 near Mound Street.

Wren planned to go for help but didn't want to leave two weapons in the abandoned vehicle, defense attorney Terry K. Sherman said. As Wren was removing the guns from the car's trunk, a police officer approached.

When the officer asked whether Wren was armed, Wren said "yes,'' and pulled a .22-caliber handgun from his pocket and tossed it on the car seat. The officer then arrested him and found the second firearm, a Smith & Wesson .40-caliber semiautomatic, inside a toolbox on the front seat, authorities said.

Sherman said Wren is required to carry a gun for work.

He typically keeps the firearms in a toolbox in the trunk of his car. Wren's wife, Sherman said, doesn't want the guns in the house because they have two children.

Assistant Prosecutor Michael R. Jakubow said the decision to offer a reduced charge was made after examining the security guard's background and other factors.

"(The officer) said this guy was cooperative and thought he had just made a bad judgment by putting the gun in his pocket,'' Jakubow said. "When you consider all the factors, there is probably not a reason to give him a felony and have him lose his job.''

Sheward earlier had criticized the prosecutor's office and police for bringing charges against Wren, who had no criminal record.

At the time, he said the police "investigate next to nothing'' and rely on a grand jury to handle cases. He said the grand jury would "indict a ham sandwich,'' meaning hundreds of cases end up in the laps of judges, who have full dockets.

But Jakubow said the officer did his job properly. Wren had told the officer that he was an off-duty security guard. "If you're not on duty, you can't carry those firearms. You can't carry them loaded,'' Jakubow said. "I think technically the guy could have been found guilty of CCW (carrying a concealed weapon).''

Afterward, Sheward said, "It still wasn't a felony. It still didn't need to be indicted.

"I just think if it had been investigated a little bit, it would have been a second-degree misdemeanor to begin with. That's where it ended up.
Click to expand...

pax
 
Ohio sucks

1. Lots of cops resent security guards being allowed to be armed, especially in places like Ohio, where they would otherwise have a monopoly on the right.

2. What should he have done, left his guns in a broken-down car, unsecured?

3. The battle over CCW is raging in my native state; it seems clear where the Franklin county prosecutor stands on this issue.

4. I am curious about the races of the cop and the guard. Not that that should matter, but lets face it, it does.
 
Another example of telling LEO's as little as possible. Even if they give you the 'don't make me bring my supervisor, superior, etc.' routine. Doesn't sound like there was any probable cause to search this fellow.

I have a handy card from an attorney friend that takes a lot of words to essentially say 'I don't consent to a search of my person, my vehicle or my property ...'.

I'm sure we'll have some different perspectives from LEO's.

I may be wrong here, but it seems to me that an LEO should disbelieve anyone's negative answer to a 'do you have a weapon' question. After all, the guy that is going to shoot you seems unlikely to have an attack of honesty when you inquire about his armament, no?

Regards from AZ
 
Half Praise

1) The judge should have found the guy Not Guilty on all charges. The plea bargain was a cop out.

2) In Ohio, Revised Code mentions concealed carry only. It is silent on the issue of open carry. It is quite legal to carry a firearm openly. He should have put the gun in a belt holster (both of them if he had to). He would have only suffered a tongue-lashing at the hands of yet another servile LEO.

Rick
 
And you think cops such as that one won't come kill you to confiscate your firearms, when Big Brother and Big Nanny order him/her to do so??

J.B.
 
Of course, Patrick Feely was acquitted of CCW in Ohio.

I wish anytime someone was arrest in this way that he challenge the state law with our state constitution.
 
As a matter of fact, yes.

I heard that the case was delayed (or the decision was delayed) until early this month.

I am sure you will let us know what happens.

Rick
 
NOT good Judge. BAD judge.

He should have tossed the case out of court and then played "GAVEL TIME" on the prosecutor's head.
 
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