Mar 3, 2009

Who Do the Courts Protect Anyways?

Yesterday was a very stressful, enlightening day for me. I was asked to appear in Federal Court to give a statement against a guy who shot at us....well, sorta. It all started almost a year ago.



My girlfriends and I meet each Tuesday night for a time of Bible Study and prayer. However, the week of April 10, 2008 we decided to meet on a Thursday night because of scheduling conflicts. Boy, was that a mistake! As we were studying about spiritual warfare and how Satan works to keep us away from growing closer to the Lord, we heard what sounded like a gun shot. We kinda paused and looked at each other as we heard it again. Just as we were trying to figure out if that actually was gun shots, fireworks, or a car back-firing, we heard two more shots. The last shot hit the house we were at (owned by two of my single girlfriends). It was super loud and the house shook! Obviously, we all ducked to the floor in terror, not sure of what was going on. I had Payton, barely a month old, in my arms and my girlfriend had her 6 month old in her arms. After laying on the floor and calling 911, Marta and I decided to run upstairs with the crying babies so we weren't by any windows or exterior walls. A couple of minutes later, the police showed up down the street, blocked the street, and hot shotguns pulled on a house. They arrested a guy and then came to get our statements. They informed us the bullet went through the exterior wall upstairs. As we went to look, the bullet had come all the way through the wall and lodged in a mattress that was laying on the floor. If the bullet had been about 6 ft lower it would have definatley hit one of us girls. It was truely a terrifying night.



Well, we hadn't heard anything else of this case until last week. Turns out, the guy was already a felon (had three previous records of being in possesion of a weapon or misconduct with a weapon) and was found guilty in Dec. of being a felon in possession of a weapon. The Federal Proesecuting Attorneys asked us if we would come in a give a statement at his sentencing of how this experience was terrifying and how it has affected us. They were hoping our statements would help convice the judge to give him the maximum time allotted for this crime.



So, we met with the attorney and ATF Investigator yesterday, and then went to court in the afternoon. We found out during our meeting that this guy has some mental health issues and is very paranoid. Appearantly he's into the "gangsta wrap scene" and he was shooting at a car driving past his house. He said they were reaching for a gun so he shot at them and it accidentaly hit our house...bad aim I guess! The court experience itself was very intimidating because his wife, sister, mom and dad were all sitting just down the row from us! And let me tell you, he was a scrawny white guy, but I know his black wife could take me without even trying!



We each gave our statements and an hour later, the judge pretty much let the guy have it for being so stupid. He acknowledged that he needed help for his mental health issues, but he found him competent enough to make the choice to NOT be around firearams and to not shoot at people...he explained that's what the police are for! :)

Here's the kicker for me. The guy received the maximum penalty...41 months (3 1/2 years) in a federal prison (they don't allow parole in fed. prisons) followed by 3 years of supervised parole. What the heck? 3 1/2 years is the MAXIMUM for someone who has THREE previous records and now this?? When the police searched his house, they found the gun his used, plus a stolen shotgun and an "oozie" behind the washing machine. He was charged with only being in "possession" of the gun he shot with because of lack of evidence to prove he was in "possession" of the other two guns. Hello.....does anyone else find that disheartening?? The other guns were at HIS house, being hidden behind a washing machine, and he KNEW they were there....yet they can't call that being in possession? Oh my goodness! If he had been found in possession of the other two guns, the MINIMUM prison sentence would have STARTED at 92 months....does anyone else see a problem with this?

I have lost some faith in our judicial system. How many times should a person be allowed to misuse a weapon before they are locked up for more than 3 1/2 years? He (and the community) have been lucky in the past....how many more "lucky" situations do there need to be?

I am just so thankful the Lord was protecting my friends, my daughter, and myself when he decided to be so wreckless and stupid! I hope it's a long 3 1/2 years for him!

2 comments:

Ledbetter Fam said...

Oh, Jen. What a horrible thing to experience. I agree with you that it is a messed up system sometimes. That has got to be so frustrating for you and for your friends.

JB

Alyssa said...

Holy cow! I cannot believe this happened to you! How scary!! And then how scary to go to court!! And then how scary that he gets out!!!