ARTICLE: "Man unable to use arms faces gun possession charge"

[CMJeepster 2,778]

"Man unable to use arms faces gun possession charge"  http://news.yahoo.com/man-unable-arms-faces-gun-possession-charge-214709562.html

TRENTON, N.J. (AP) — A man who can't use his arms because of a spinal condition is being held in jail while facing a gun possession charge his lawyer calls shocking.

 

Bail was lowered Tuesday for Marcus Hubbard, who has been jailed since his arrest in Trenton in August.

 

Defense lawyer Caroline Turner said the case against Hubbard, who injured his spine in a car accident and may have Lou Gehrig's disease, "shocks the conscience."

 

"How could (he be) held for four months on a gun charge?" Turner said during the bail hearing. "He cannot move his arms. They are useless to him."

 

Hubbard, who's from Salem, has been hospitalized in protective custody since his arrest, The Times newspaper reported (http://bit.ly/1Gr2SKz ). He wore a back brace in court on Tuesday and had difficulty standing, the newspaper said.

 

Authorities say Hubbard and three other men were in a car that ran a red light in Trenton and was pulled over. They say inside the car police officers found a stolen handgun in a seatback pocket and a prescription bottle of codeine. All four men were charged after none of them took responsibility for the items.

 

A state judge agreed during Tuesday's hearing to lower Hubbard's bail from $100,000 to $35,000. But Turner said she'll continue her efforts to have Hubbard freed without bail.

 

Police said the gun was stolen from Anchorage, Alaska. Turner said the other men arrested in the car with Hubbard told police it didn't belong to him and he shouldn't be charged.

 

Prosecutors acknowledged Hubbard has no use of his hands but said he still could be guilty of a crime.

 

Turner said prosecutors are misstating constructive possession laws, which allow charges for someone who isn't possessing an item but can and intends to exert control over it himself or through other people, The Times reported.

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Information from: The (Trenton, N.J.) Times, http://www.nj.com/times

 

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It's nice to see that the police got a stolen gun off the streets.  Perhaps the NJSP will revoke this gent's permit to carry a handgun (http://www.njsp.org/info/pdf/firearms/20141119-sp-642.pdf) and FPID since he's apparently got a physical disability that would disqualify him from meeting the criteria according to N.J.A.C. 13:54-1.5 (a) 3 (http://www.njsp.org/info/pdf/firearms/062408_title13ch54.pdf).

 

Hopefully the truth will come out and justice will be served.  This will be interesting to watch.

[illy 1]

His attorney's argument is pretty thin. He's charged with possession, not use.

 

It would be like arguing that because I don't get high,I can't possess drugs.

[CMJeepster 2,778]

[Arbelest 29]

His attorney's argument is pretty thin. He's charged with possession, not use.

 

It would be like arguing that because I don't get high,I can't possess drugs.

The argument seems to be since he was charged with possession, he can't actually take physical control of the object due to a medical condition therefor making him not in possession.  Pretty flimsy but it could work.  I'm not aware of prior case law dealing with possessing objects when you can't. 

As for everyone else in the car saying its not his.  Tough luck, its one person's gun or all four.  On the positive side its a felony charge so if it goes to court I'm sure it will get dismissed as one sympathetic juror will go for not guilty based on the medical condition.

[Bt Doctur 188]

don't lay down with the dogs, and you wont get their fleas.

guilty on all charges

[High Exposure 5,664]

So he can't use it. Big deal. He can still carry/hide it for others.

Charging like that is pretty standard. Find illegal stuff in a common area, like the interior of a car, and no one takes ownership - charge everyone and let them explain to the judge who it belongs to.

I have had a few cases where the actual "owner" of the gun/drugs made another carry it.

I've seen a gun stuffed in a girlfriends purse - he had all her shit in his pockets. It was funny trying to get him to explain why his pockets were full of tampons, BC pills, and makeup. Hell, we had a guy in a wheelchair with nothing from the elbows down, he had 2 pistols stashed in little custom holsters in his chair for his "friend" that would push him around.

I've seen a lot of adults make juveniles carry for them - less harsh sentencing and better likelihood of a reduced sentence or something held in abeyance. There has been plenty of times the "boss" makes an underling carry for him, or the guy with "2 strikes" who doesn't want a third makes a his partner carry.

Nothing new....

[mipafox 438]

He's probably faking. Tickle him.

[brucin 923]

Not to be funny, OK maybe a little. Who holds his junk when he pees?

[High Exposure 5,664]

[High Exposure 5,664]

[PK90 3,570]

Who owned the car they were in? We can assume he wasn't driving.

 

When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances:
(1) When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;
(2) When the vehicle is not a stolen one and the weapon or other instrument is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and
(3) When the vehicle is a taxicab and a weapon or other instrument is found in the passenger's portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver.

[Newtonian 453]

This is unconstitutional! The right to keep and bear arms shall not be infringed! Even if you have no f-ing arms!!

[Newtonian 453]

The court room scene was a charade of course. Probably also his attorney's claim that he can't use his arms. I'd try the old trick of throwing a wad of $1 bills at him and see if he reacts.

 

Or that he may be an ALS victim. Waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa! ALS victims don't go driving around with hoodlums.

 

Stolen gun. Running afoul of traffic signals. In a car with three other retards. 

 

Sorry, despite prosecutorial orgasms I can't get excited over this. 

[Carcano 14]

In a way you feel bad for the guy but at the same time the law applies to everyone, should be interesting to see if the judge buys the no arms argument and lets him off.

[Blacksmythe 71]

I learned in Grand jury that you do not have to have physical possession to be in possession of something. Lol

[Carcano 14]

I learned in Grand jury that you do not have to have physical possession to be in possession of something. Lol

 

Of course, that's why if something illegal turns up in a common area and nobody steps up and claims it everyone present can be arrested

[brucin 923]

Released no bail??????

 

http://www.nj.com/mercer/index.ssf/2014/12/nj_man_unable_to_use_arms_jailed_on_gun_possession_charge_released_without_bail_officials_say.html#incart_river

[DirtyDigz 1,812]

Released no bail??????

 

http://www.nj.com/mercer/index.ssf/2014/12/nj_man_unable_to_use_arms_jailed_on_gun_possession_charge_released_without_bail_officials_say.html#incart_river

 

Would make sense if one of the other car occupants changed their story and admitted ownership of the firearm.

[mipafox 438]

 

Released no bail??????

 

http://www.nj.com/mercer/index.ssf/2014/12/nj_man_unable_to_use_arms_jailed_on_gun_possession_charge_released_without_bail_officials_say.html#incart_river

His legs still work, right? Run!!!

[Carcano 14]

 

His legs still work, right? Run!!!

 

But what if he had no arms OR legs? how could he possibly use a firearm??? tongue?

[CMJeepster 2,778]

"Police: Wheelchair-bound gang member caught on cam fatally shooting man"  http://news.yahoo.com/video/police-wheelchair-bound-gang-member-182942386.html

[NickySantoro 211]

Using some of the twisted logic in this thread, Stevie Wonder could get charged as a peeping Tom. Go lick a badge somewhere else.

[kman 56]

The state pays the hospital for every day he is being held in "protective custody" at the hospital, so who is the sucker on this deal? The honest citizens who are paying taxes to fund all this ridiculous waste of money.

 

Sent from my SCH-I535 using Tapatalk

 

 

[Carcano 14]

The state pays the hospital for every day he is being held in "protective custody" at the hospital, so who is the sucker on this deal? The honest citizens who are paying taxes to fund all this ridiculous waste of money.

 

Sent from my SCH-I535 using Tapatalk

 

So the State picks up the tab? how nice of them! no wonder taxes are going up here :facepalm: