When this retired attorney was attending Lewis & Clark Law School in Portland, Oregon, in the 1980s, our Criminal Law professor told us: When you represent a criminal defendant the issue is never “is he guilty?” The issue is always “HOW guilty is he?” For example: did this defendant commit first-degree murder, second-degree murder, or manslaughter? He explained that prosecutors just do NOT charge someone with a crime UNLESS the evidence is overwhelming and he feels very confident that he will get a conviction.
HOW TIMES HAVE CHANGED!!!
Even before the “Get Trump” era, prosecutors who identify as progressive saw their mission not so much to enforce the law equally and evenly, but to enforce the law with a heavy hand against Conservatives (especially if they were “white”), or anyone that The Left labeled as “Right-wing.” They see their role as picking and choosing which laws to enforce, and supporting & promoting wrongdoers who use the “social justice” excuse. They also prosecute in order to intimidate the rest of us.
These prosecutors have an agenda: frightening law-abiding gun owners from using their firearms for self-defense. Their main goal is not to get a conviction against the defendant, although, if their jurisdiction is packed with Democrats for the jury pool, they have a good chance of getting a conviction. Indeed, even as they are drafting the charging document, they may be aware that the jury will acquit. No matter! Their main goal is to use the legal process as a means of intimidating and scaring Americans into NOT using firearms to defend themselves. As examples to others, they are punishing the defendant by putting him/her through the painful, expensive, criminal process when he/she should never have been charged.
PROGRESSIVE PROSECUTORS HATE SECOND AMENDMENT
Army Sergeant Daniel Perry, Travis County (Austin), Texas
The latest and, perhaps, the most obvious anti-Second Amendment, anti-self-defense prosecution of an innocent man can be found in the Perry case that just went to trial.
On July 25, 2020, Army Sergeant Daniel Perry was driving through downtown Austin, Texas when a BLM/Antifa mob stopped his car, kicked & pounded on his car, and would not let him drive away. That is when a BLM thug, Garrett Foster, armed with an AK-47, a club and a knife approached his car and pointed the rifle at Perry, whereupon Perry pulled out his legally-owned handgun and shot Foster, killing him. Perry drove away from the mob and called police to report the shooting.
Since the killing was obviously done in self-defense, the Travis County District Attorney did not prosecute Perry. January 1, 2021 Jose Garza, who was funded by George Soros, was sworn into office and immediately began the process of indicting Perry, age 33, for murder. Garza knew he would have a jury pool of citizens who approve of BLM violence and would convict Perry of murder. He was right! Perry faces from five to 99 years in prison.
This prosecution and conviction is so outrageous that it prompted Governor Greg Abbott to start the process of overturning/pardoning Perry. “Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott declared in a statement.
EXAMPLES OF PROSECUTORIAL ABUSE ABOUND NATIONWIDE
No doubt my readers are familiar with the Kyle Rittenhouse murder case in Kenosha, Wisconsin. He was charged with killing two and wounding one, using a rifle, as they attempted to kill him. The jury acquitted him.
You may also remember the St. Louis, Missouri, (white) couple who stood on their front porch with guns in hand, pointed down, as rioters screamed “we will kill you, kill your dog and move into your house.” The Soros-funded prosecutor, Kimberly Gardner charged them with several asinine violations for merely showing their weapons to the thugs (one was a prop gun, one was a rifle). Being Democrats did not save them. Being well-known criminal attorneys who often handled cases for black defendants for free did not help them. Before the governor pardoned them, this couple went through well-publicized hell so the rest of us would be afraid to defend ourselves with a firearm.
Journalist Michael Strickland, Multnomah County (Portland), Oregon
The terrorist group known as Antifa was born in Portland, Oregon in 2007 and the citizens have been subjected to their frequent riots, mostly in downtown Portland, ever since. Journalist Michael Strickland was reporting on the weeks long BLM/Antifa rioting on July 7, 2016 when an angry group of 12-15 men recognized him as a “conservative” journalist and shouted “let’s get him,” and “kill him” as they approached with clubs, knives and brass knuckles. Strickland knew his life was in danger.
Licensed to carry a concealed firearm, Strickland was armed that day. First, he pulled back his jacket to reveal his firearm, hoping that would scare off his attackers. They noticed, but kept approaching him. Video clearly showed that Strickland then pulled out his firearm, did NOT put his finger on the trigger and pointed it at the mob for 15 seconds. THAT was all it took for the progressive district attorney to make an example out of Michael Strickland. He filed 21 counts against him.
This case was closely watched by BLM & Antifa thugs and would-be domestic terrorists to see what they could get away with when they are terrorizing residents of the county. Others cheered on this persecution of a gun owner because they had failed, through the legislative process, to take firearms out of the hands of law-abiding citizens. In their minds, convicting Strickland for trying to defend himself was almost as good because it sends a message to other gun owners and reduces firearms to useless pieces of metal.
Knowing county residents were 80% Democrat, Strickland knew he did not have a chance with a jury. He chose to be tried by a judge. Unfortunately, he was assigned an anti-Second Amendment judge and was convicted on all 21 charges.
Knowing that police are not allowed to interfere and knowing that law-abiding citizens are helpless, Black Lives Matter terrorists, Antifa thugs and just plain criminals have owned the streets of Portland for over seven years now.
George Kelly, Santa Cruz, Arizona
I recently wrote about the Arizona rancher who is being persecuted for firing in the air as 8-10 armed drug/human traffickers surrounded his house on the south border.
This article only covers five cases found in Texas, Wisconsin, Oregon, Missouri & Arizona, but such prosecutorial abuses can be found almost anywhere. Law-abiding gun owners are not safe even in Red States because progressive anti-Second Amendment prosecutors can be found in way too many jurisdictions.
I appreciate your suggestions very much. Yes, Americans do need to fight back against their totalitarian plans; but, unfortunately, I don't know what advice to give them. Many of my articles point out what they are doing to push 95% of Americans into serfdom, but don't understand the process well enough to offer advice, EXCEPT regarding CBDC: https://dianelgruber.substack.com/p/disappearing-atms-one-more-step-toward
Thank you. Found the link on Gab.com.