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I just got this from my TNUSA update...this is incredible...isn't this something that the ILA branch of the NRA might be able to help this guy with?? Anyone have any thoughts?? This is going to be a black eye for gun owners if this guy ends up getting convicted.

Subject: Illegal Gun Sale Results in Murder Charge - Gun owner held in death

Man accused of illegal sale in Warren jail killing November 29, 2000
BY KIM NORTH SHINE FREE PRESS STAFF WRITER

Walker was nearly 50 miles from the Warren City Jail the night a drug suspect smuggled in a gun and killed Warren Police Detective
Christopher Wouters, but authorities say Walker, as owner of the weapon, is to blame for the killing. During his arraignment Tuesday in Warren's 37th District Court, Walker, 49, was charged with involuntary
manslaughter.

He is accused of failing to legally transfer ownership of his 9mm semiautomatic. He was also arraigned on two weapons charges. Judge Walter Jakubowski read the counts that accused Walker of "unlawfully killing Wouters ...by failing to fully divest himself of the weapon."

Under the law, when a gun is transferred, be it sold, loaned or given away, the new owner must register the weapon in his or her name. The former owner must make sure that is done. Walker apparently didn't when he sold the gun five years ago, but that hardly rises to the level of manslaughter, his family said.

Walker, a restaurant cook from Capac in Michigan's Thumb, was held in lieu
of posting a $250,000 cash bond. When he wasn't standing before Jakubowski, he buried his face in his handcuffed hands.

There's no proof that Walker knew or met Ljeka Juncaj, the 29-year-old drug suspect who killed Wouters, but he nonetheless is culpable, said Eric Kaiser, chief trial attorney for the Macomb County Prosecutor's Office. It's also unlikely that Walker sold
the gun to Juncaj, Kaiser said.

But somehow, the chrome-plated gun landed in the hands of Juncaj, who smuggled it, in his pants, into the Warren police booking room after his Oct. 11 arrest. After killing Wouters, a 19-year veteran and 42-year-old father of three, Juncaj fatally shot himself in the head while struggling with another officer.

"It's not relevant if he knew him. He put the weapon into the stream of use, so he is responsible," Kaiser said. "If I have a stick of dynamite in a paper bag and I hand it to you, it might be eight people later before something happens. But it doesn't
matter, the damage has been done."

Walker's sister, Kay Fitch of Capac said police and prosecutors are desperate for someone to blame. An internal investigation by Warren police revealed their officers forgot to search Juncaj. "He sold the gun to a man in Capac. He trusted he would do the right thing," Fitch said.

In addition to one count of involuntary manslaughter, prosecutors brought an alternative charge: felon in possession of a firearm. Because Walker was sentenced to probation in August for felony
embezzlement from his employer, he should not have owned a gun.

With the alternative charge, a jury --if the case should make it to trial --will have the option of convicting Walker of involuntary manslaughter, a 15-year felony, or of felon in possession, a 5-year felony. If they convict him of both charges , the judge is expected to sentence him based on the more serious crime. Walker is also facing a felony firearms charge, which carries a mandatory 2-year penalty, upon conviction. He has requested a court-appointed attorney. His preliminary examination is set for Dec. 7.

Macomb County Prosecutor Carl Marlinga said earlier that he wanted to bring charges to send a message
to gun owners that they will be held responsible if their weapons are used to commit crimes. "Owning a gun is an awesome
responsibility and with it comes the duty to transfer ownership," Kaiser said. Fitch said her brother, the son of the late Lewis Walker, Capac's police chief for 17 years, would agree. But he could not force the buyer to complete the paperwork. "We feel for the police officer's family," she said. "But Terry would not sell to someone like this drug dealer. Someone else did."

Contact KIM NORTH SHINE at 810-469-8085 or
[email protected]


[This message has been edited by Markfaz (edited 11-30-2000).]
 

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Don't get me wrong in no way am i anti-gun. However, he did break the law by not transfering the weapon and since it was used in the fatal shooting of a police officer, you can bet that anyone who was conected to the weapon has hell to pay. The city is sending a very serious message that anyone that kills a cop or has conection to the killing, no matter how small is in some serious s*%t. When the police found the people that sold the guns used in the school shooting in colorado and charged them the full extent of the law no one seemed to complain. Why is this different?
 

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I don't know a lot about the laws, but I thought that it was illegal to sell to someone without a handgun permit, or ever let someone borrow your handgun. If indeed he broke the law, he must be charged. He didn't do the killing himself, but if he hadn't broken the law it probably wouldn't have happened. Don't let irresponsible gun owners give us a bad name! He should be convicted if indeed he was the one who illegaly sold the gun.



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>>>~~DAN~~~>
 

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I guess I would disagree with the charges also. There might be something, I'm not real familar with the laws dealing with sale of handguns, that he could / should be charged with as far as the selling of the gun but not in connection with the killing. If the killer wanted a gun, he was going to get one someplace anyway.
 

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I sold a handgun not too long ago, my question is this. My registration said that it was unlawful to transfer ownership to anyone that did not have a purchase permit, but said nothing about them completing any paperwork. Am I misunderstanding this, or did he sell it to a person with no purchase permit. If they had a permit, then I think he should not be charged, but if there wasn't a permit, then he is at least partly responsible in my opinion.
 

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I don't agree with charges of manslaughter or being a felon in posession of a gun. It's ridiculous to blame the guy who sold a registered gun to someone 5 yrs. ago for a crime committed now. Also, someone who embezzled money, making him a felon (not that I think that's OK), doesn't make him a gun wielding mad man. This is the same as if I sold someone a car 5 yrs. ago, and this person never registered it, but sold it to someone else, who in turn intentionally ran someone over with it. Would that make me a murderer? I think not! I have the deepest sympathy for the officer and his family. However, I don't think the former gun owner is at fault.

Jill
 

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Let me clarify on my origional post now that I see some things that I didn't completely get the first time. I don't beleive he should be charged with the mansloughter, but he definately should have been charged with something. He did break the law, and provided someone who obviously shouldn't have with a gun. Who knows, maby the criminal couldn't have legaly had the gun registered because of his criminal or mental history. The person who sold the gun still acted irresponsibly, and should pay for breaking the law, but not with the charge of mansloughter.

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>>>~~DAN~~~>

[This message has been edited by DGF (edited 12-03-2000).]
 

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This is total B.S. that should not be tolerated. It started with people sueing and winning the cigarette MFG for neglegence for someone smoking themselves to death a self inflicted deal. They had no control. Ya right.... Now we our resposible for our guns after they leave our hands. Now this guy aparently did sell the gun illegally 5 years ago with no knowledge of the new person in possesion. He probably isn't the brightest guy on earth and maybe didn't completly know what he had done. But to charge him with murder would be truely unjust. What about the guy who forgot to search the guy who did the shooting what does he get. It's a terrible thing, but we definately can't blame the gun. Like the other fellow posted he would have found a gun somewhere. This gun was probably stollen from someone anyway. If we get our guns taken away the only ones that will have guns are the criminals and you can guaranty they will have them. If this guys goes to court on murder charges and is conficted the walls will be coming down.
 
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