Sean Combs Found Not Guilty of Brandishing a Firearm!!

the Streif

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Not THAT Sean Combs..........:trollol:



[h=1]NOT GUILTY! Jury sides with teenager who carried gun through downtown Birmingham WITH VIDEO[/h]
Published: Thursday, July 12, 2012




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By DAVE PHILLIPS
dave.phillips@oakpress.com; Twitter: @dave_phillips1

Click to enlarge

The 18-year-old Troy man who walked around downtown Birmingham with a loaded rifle strapped to his back did not break the law while doing so.

A jury of six men and one woman made that determination after about five hours of deliberations in the case against Sean Combs, who was charged with brandishing a firearm and disturbing the peace this morning.

Combs — whose trial took place Wednesday in 48th District Judge Marc Barron’s courtroom — was found not guilty of both counts. A third charge of resisting and obstructing police was thrown out in court Wednesday after Combs’ attorney, James Makowski, filed a direct verdict motion.

“It took (the jury) a while, but at the end of the day, I think they got the right decision,” Combs said after the verdict was read.

Combs was arrested April 13 in downtown Birmingham after two officers noticed his World War II-era M1 Garand rifle strapped to his back.

Police approached him and, believing he was younger than 18, asked him for identification. Combs refused to provide the ID, citing state law, and was subsequently arrested.



“I think I irritated (police),” he said. “They kinda went ‘Let’s throw something at him and see what sticks.’”

Combs said he was nervous about the verdict.

“I think it should have been not guilty, and obviously it was, but with the controversy of open carrying ... it’s a broken social rule. (There’s a) human aspect of (having) a hard time separating the law from social aspects, so I was nervous if (the jury) would be able to separate the two.”

Combs said he wouldn’t call himself a rebel, but said he’s OK with “making some people uncomfortable.”

“I get the punk kid rebel thing a lot,” he said. “In school especially, I was not a rebel. I never got in trouble or got suspensions. My teachers generally liked me. I wasn’t afraid to share my opinion but I wasn’t disrespectful.”



Combs seemed comfortable with the attention the case received.

“I kind of became the poster child of (the open carry movement) but it kind of shows that it’s been tested over and over and over and it proves it’s not a crime to open carry.”

As for the future of his rifle, Combs said he doesn’t plan on open carrying it in the near future.

“I just want to get some relief and just keep away from stress and drama for a while,” he said.

Combs’ mother, Pam Mytnik, was among several supporters in the courtroom.

“It’s a long time coming,” she said of the verdict.

“I’m happy for him and I’m sorry it went down this way. I just think everyone needs to know the laws before we start making arrests and I would like to see that in the future.”

Mytnik said those who openly carry firearms do not pose a threat.

“He’s not down there shooting the city of Birmingham,” she said.

“People don’t usually show what they’re going to do before they do it.”



She was also nervous before the verdict was read.

“I was fairly confident, but I’m depending on seven people who don’t know my son, and if they had (known him) it would have been a lot quicker, because they would have known he’s such a level-headed kid.

“They went by the laws and they did exactly what they needed to do and I’m very grateful for them for doing that.”

Makowski was also pleased with the verdict.

“It was not a gun rights case, this is a civil rights case,” he said.

“Birmingham police chose to violate my client’s rights and the jury saw that.”



------------------------------------------ EARLIER DETAILS:

The case revolved around an April 13 incident, in which Combs was stopped while carrying an antique World War II-era M1 Garand rifle around downtown Birmingham.

During testimony Wednesday, Combs, who was given the rifle as a gift from his brother, said he was simply exercising his Constitutional rights.

Combs' girlfriend, Leah Grabowski, took the stand Wednesday afternoon. She said Combs picked her up around 7 or 8 p.m. that night to see a movie at the Birmingham Palladium.

The pair had about 90 minutes to kill before the film began, and Combs decided to open carry his rifle, which he recently received as a gift from his brother.

They walked around and didn't draw much attention until police arrived, Grabowski said.

"(Combs) politely explained that because of Michigan law, he did not have to provide ID," she said.

"He's not the type of person who gets loud. I I've never seen him raise his voice out of anger."

Kucharek asked whether Combs carried the gun to show off, and Grabowski said he did not.

"He wasn't looking for the notoriety of it," she said. "He didn't really want to talk about it."

While testifying, Combs explained his reason for carrying the weapon.

"I wanted to carry it to express my freedom of speech," Combs said.

Combs had the rifle in his vehicle after picking it up from his brother’s house.

"I wasn't actually intending to open carry that night," said Combs, whose father was a police officer in Ferndale and Clarkston for 35 years before retiring.

"It was a last-second 'Oh, it's there, I've always wanted to do it, let's do it."

He said he did not have an issue with the officers stopping him, but he did have an issue with their attitudes.

"They disrespected me instantly," Combs said.

After an argument about the legality of the issues, Combs said he agreed to show identification, but only so officers could verify his age.

"I said 'I don't technically have to do this but I want to go on with my night,'" he said.

"I gave my ID to (one officer) and almost instantly (another officer) arrested me."

Combs' wallet fell to the ground and its contents fell out.

"He removed the rifle (from my back) aggressively," Combs said. "The rifle banged the back of my head."

That testimony followed a morning session that featured three Birmingham Police Officers.

After resting her case, Mary Kucharek, attorney for the City of Birmingham, argued against Makowski’s direct verdict motion.

“Hindering or opposing can be reached by an action or inaction,” she said. “The hindering is (the inability of police) to complete their investigation and determine whether a crime was being committed.”

Kucharek’s point was that Combs obstructed police by refusing to provide identification.

“What if I believe a crime is being committed by someone carrying a gun or marijuana in his pocket?” Barron asked.

“I’m asking you how he’s guilty of the offense by exercising his right to say nothing.”

The key portion of the brandishing charge is that Combs was carrying the rifle “ostentatiously,” Kucharek said.

“What was ostentatious about ... placing (the rifle) on his back and walking down the street?” Barron asked.

“The facts as I’ve heard them so far is the officers saw him for a matter of minutes walking down the street with a rifle on his back and nothing else.”

Three officers testified, and all said Combs was stopped because he appeared to be too young to carry the rifle. State law says those carrying rifles must be 18 years old, but Combs appeared to the officers who testified as only 16.

“I had no problem with him having the gun,” Birmingham Police Officer Rebecca Springer testified.

“If he looked 32 (years old) he would have enjoyed the night.”

Barron referenced the testimony while speaking about Makowski’s motion.



Contact staff writer Dave Phillips at 248-745-4631 or dave.phillips@oakpress.com. Follow him on Twitter @dave_phillips1.
http://theoaklandpress.com/articles/2012/07/12/news/doc4ffdb2bdf1337941615138.txt?viewmode=fullstory
 

whiskeyguy

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#2
I wish one of my brothers would give me an M1 Garand as a gift.
 

KRSOne

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#5
Civilian exercising 2nd amendment right = disturbing the peace

30 storm troopers in black Halloween costumes with a tank walking down the street is safety.
 

fletcher

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#6
While testifying, Combs explained his reason for carrying the weapon.

"I wanted to carry it to express my freedom of speech," Combs said.
Yep, a clueless idiot. Figures.
 

samurai

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#8
Assholes gonna ass...hole...awww fuck it.

He should have been arrested for looking creepy with intent...to be creepy.
 

fletcher

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#9
Showing your support for the 2nd is free speech.
No it isnt, you dolt. Showing your support of the 2nd is showing support of the 2nd.
 

KRSOne

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#10
No it isnt, you dolt. Showing your support of the 2nd is showing support of the 2nd.
And if you didn't have free speech the government could say you can't show your support for the 2nd. Expression is a part of free speech.
 

Ballbuster1

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#11
Cop has a point. The kid looks 15.

Asking for ID to verify his age doesn't seem like an outrageous act.

The kid escalated the incident by 1st refusing a simple request.

He needs to learn to pick his battles better.
 

fletcher

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#12
And if you didn't have free speech the government could say you can't show your support for the 2nd. Expression is a part of free speech.
So why are they two separate amendments? They are two totally separate issues. Please try to keep up.
Cop has a point. The kid looks 15.

Asking for ID to verify his age doesn't seem like an outrageous act.

The kid escalated the incident by 1st refusing a simple request.

He needs to learn to pick his battles better.
Idiots are gonna idiot.