Jump to content
Silence Dogood

National Coverage of Josey-Davis case and appeal to Christie

Recommended Posts

http://www.foxnews.com/politics/2015/03/18/new-jersey-man-hopes-for-pardon-after-legally-owned-gun-makes-him-convict/?intcmp=latestnews

 

When Steffon Josey-Davis was pulled over by police along a New Jersey road two years ago, the young security guard never imagined his legally owned gun would be confiscated -- and the incident would make him a convicted felon.

 

Josey-Davis' nightmare began on the morning of Sept. 20, 2013 when he was preparing to leave his North Brunswick, N.J., home for a job as an armed security guard with Loomis Armored, a company responsible for transporting money to banks.

 

While unloading his 9mm Smith & Wesson handgun inside his car, his 6-year-old sister wandered into the family's garage, startling Josey-Davis. He quickly tucked the firearm inside the glove compartment and out of the child's view, according to his account.

 

Hours later, while driving at night with his girlfriend in Highland Park, he was pulled over. Josey-Davis says he was going below the speed limit.

 

But the fact that he did not yet have a permit to carry the gun -- which was stored, still loaded, in the glove compartment -- resulted in his arrest.

 

The 24-year-old now has a criminal record and is unable to secure a job -- and his dreams of becoming a police officer are dashed. The latest Garden State resident to be caught in a legal entanglement over the state's strict gun laws, Josey-Davis is now seeking a pardon from New Jersey Gov. Chris Christie and has mounted a robust social media campaign, including a Change.org petition that has attracted more than 85,000 signatures to date.

 

Further, he's hired Evan Nappen, a prominent gun rights attorney, to appeal his conviction.

 

 

Share this post


Link to post
Share on other sites

National coverage will only benefit Christie with his future political aspirations,  Chrisite will utilize this event to promote himself as "pro-gun" to the Iowan's and New Hampshireites if he decides to clear this guy.   If he gets off it will only be because of Christie's presidential run and not because it's the RIGHT thing to do.  This might get a few minutes on FOX but that's about it.

Share this post


Link to post
Share on other sites

It seems to me his only chance of getting off is Christie's pardon. He took a plea which means he can't appeal the conviction as he's admitted to doing what he was charged. I don't think he can appeal the sentence as it was what he made the deal for.

Share this post


Link to post
Share on other sites

It seems to me his only chance of getting off is Christie's pardon. He took a plea which means he can't appeal the conviction as he's admitted to doing what he was charged. I don't think he can appeal the sentence as it was what he made the deal for.

Actually, you can reverse your conviction after entering a plea.

 

·You can move to withdraw the plea. Easier before sentencing, but still doable after. You'd have to assert a claim that you were unaware of something that you should've known prior to entering your plea.

For instance, a couple of years ago, NJ had to vacate a bunch of sentences because the plea form the state had been using didn't specify that non-citizens could be deported as a result of pleading guilty.

Of course, almost all of them just entered a new plea and were resentenced, but at least a few withdrew their pleas and went to trial.

 

 

·You can also appeal after pleading if new evidence surfaces that could help you at trial, like DNA.

 

·You can also have the conviction vacated if there's proof of a due process violation, like prejudicial or illegal jury instructions (some people plea while the jury is deliberating) prosecutorial misconduct (fabricating evidence, withholdings exculpatory evidence, coercing the defendant to plea with off the record threats or promises, witness tampering), not being afforded counsel or bineffective assistance of counsel AND which you didn't know about at the time of your plea.

 

·You can demonstrate that you lacked the capacity to understand the charges/consequences or were unable to assist in your defense due to diminished intellectual capacity, whether permanent or temporary, including being under the influence of drugs, alcohol or medications at the time of your plea.

 

·Or the Court comes to believe that you lied about your guilt and withdraws the pleas even without you requesting it.

 

·You were denied a motion before or during the trial (for instance supprsssing evidencebdue to an unlawful search) which is why you plead, but which was later granted on appeal (appeal of the motion denial, not the conviction).

If that new ruling increases your chances to prevail at trial, the conviction will be vacated and you can go to trial, renegotiate the terms of the plea or just have the case dismissed.

 

·And a few other scenarios that allow for a post-plea appeal.

 

Basically, it's not over until it's over.

Share this post


Link to post
Share on other sites

National coverage will only benefit Christie with his future political aspirations,  Chrisite will utilize this event to promote himself as "pro-gun" to the Iowan's and New Hampshireites if he decides to clear this guy.   If he gets off it will only be because of Christie's presidential run and not because it's the RIGHT thing to do.  This might get a few minutes on FOX but that's about it.

 

No, I disagree.   The more coverage of *stupid* NJ laws the better.

Share this post


Link to post
Share on other sites

He needs to be thrown under the jail. Then the "community" needs to come out and protest in mass all over the state, if not all over the country. Soap boxes need to be stood upon and people need to shout rhetoric like "By no other cause than him being over some arbitrary line (being in the state of NJ) he is a criminal for an act that nearly every place else in the country would not even cause an eyebrow to be raised!" The steaming masses in the street need to have the narrative guided so that it's aimed at "the repressive and racist anti-gun laws that do nothing but strip the poor and the black of their natural rights all over again like it is 1865!" Use their same tactics but steered in the proper direction.

Share this post


Link to post
Share on other sites

He needs to be thrown under the jail. Then the "community" needs to come out and protest in mass all over the state, if not all over the country. Soap boxes need to be stood upon and people need to shout rhetoric like "By no other cause than him being over some arbitrary line (being in the state of NJ) he is a criminal for an act that nearly every place else in the country would not even cause an eyebrow to be raised!" The steaming masses in the street need to have the narrative guided so that it's aimed at "the repressive and racist anti-gun laws that do nothing but strip the poor and the black of their natural rights all over again like it is 1865!" Use their same tactics but steered in the proper direction.

Thats what should have happen with the lady from Penn. Her lawyer should have told the prosecutor  I dare you I double dare you to put this black single mother of two kids who had a background check and a license in jail for this small mistake.  That would have been great press..

Share this post


Link to post
Share on other sites

Actually, you can reverse your conviction after entering a plea.

·You can move to withdraw the plea. Easier before sentencing, but still doable after. You'd have to assert a claim that you were unaware of something that you should've known prior to entering your plea.

For instance, a couple of years ago, NJ had to vacate a bunch of sentences because the plea form the state had been using didn't specify that non-citizens could be deported as a result of pleading guilty.

Of course, almost all of them just entered a new plea and were resentenced, but at least a few withdrew their pleas and went to trial.

·You can also appeal after pleading if new evidence surfaces that could help you at trial, like DNA.

·You can also have the conviction vacated if there's proof of a due process violation, like prejudicial or illegal jury instructions (some people plea while the jury is deliberating) prosecutorial misconduct (fabricating evidence, withholdings exculpatory evidence, coercing the defendant to plea with off the record threats or promises, witness tampering), not being afforded counsel or bineffective assistance of counsel AND which you didn't know about at the time of your plea.

·You can demonstrate that you lacked the capacity to understand the charges/consequences or were unable to assist in your defense due to diminished intellectual capacity, whether permanent or temporary, including being under the influence of drugs, alcohol or medications at the time of your plea.

·Or the Court comes to believe that you lied about your guilt and withdraws the pleas even without you requesting it.

·You were denied a motion before or during the trial (for instance supprsssing evidencebdue to an unlawful search) which is why you plead, but which was later granted on appeal (appeal of the motion denial, not the conviction).

If that new ruling increases your chances to prevail at trial, the conviction will be vacated and you can go to trial, renegotiate the terms of the plea or just have the case dismissed.

·And a few other scenarios that allow for a post-plea appeal.

Basically, it's not over until it's over.

Thats a lot of ifs and most of them most certainly don't apply.

Share this post


Link to post
Share on other sites

She did spend time in jail

She would have never done any serious time. The last thing the governor or state politicians wanted was a spot light shined on them with her as the issue. Me a middle class  middle age white  guy would do 99 years in jail.  It would have never gotten that far before some loophole could be found to let her walk.  Could you imagine the nation wide press she would have had.  She would have been classified as a political prisoner of NJ draconian gun laws.   

Share this post


Link to post
Share on other sites

Nappen says there was a gun amnesty in effect when the kid got popped on his appeal. The thing I find odd is they let him go that night but popped him when he came back to get his legally owned gun?

Sounds like the cops thought it no big deal but some lefty prosecutor did. That would make for some amusing testimony. A double standard could apply if a case like ti was not prosecuted.

I dont think the kid would have standed a chance at trial. Going all the way up to the state supreams NJ judges are hanging judges when it comes to 2A.

Just look how they knocked Nappen off the docket with no comment after agreeing to hear his case. It's a rigged game for sure.

Share this post


Link to post
Share on other sites

National coverage will only benefit Christie with his future political aspirations,  Chrisite will utilize this event to promote himself as "pro-gun" to the Iowan's and New Hampshireites if he decides to clear this guy.   If he gets off it will only be because of Christie's presidential run and not because it's the RIGHT thing to do.  This might get a few minutes on FOX but that's about it.

I have my doubts. It only shows that Christie is a governor of a very any-gun state. What can help him is an executive order repealing the FID process and "justifiable need". In my dreams...

Share this post


Link to post
Share on other sites

I have my doubts. It only shows that Christie is a governor of a very any-gun state. What can help him is an executive order repealing the FID process and "justifiable need". In my dreams...

The executive branch ruling my fiat sounds to me like Obama. As much as that may be what we want the changes are best made by the legislative branch.

 

I really can't get behind Jose - Davis 100%. Seems he put his pistol in the glove compartment of his car so as not to startle his sister and left it there. Appears he forgot about it. We talked about knowing where all your guns are before but guess is this is Josey-Davis' only gun. When you had one gun didnt you always knew where it was.

 

Next he went to work then went out with his girlfriend or just went out with his girlfriend and got stopped. I think the cops somehow got the impression he had a carry permit, seized his gun, and made him come in the next day. Don't think it was a lefty prosecutor. Then he got arrested.

 

I can't see why Nappen thinks the drug dealers gun amnesty has anything to do with this guy. The drug dealer had AW and magazines over 15 rds in his house. Not stuffed in the glove compartment.

 

I feel the penalty for what he did far outweighs the offense here. If he had to write 50 times "I should always know where the only gun I own is", on public tv that should be the maximum penalty.

 

This guy was more stupid than criminal. His penalty is excessive but most people try to make it seem nothing is this guy's fault.

Share this post


Link to post
Share on other sites

The executive branch ruling my fiat sounds to me like Obama. As much as that may be what we want the changes are best made by the legislative branch.

 

I really can't get behind Jose - Davis 100%. Seems he put his pistol in the glove compartment of his car so as not to startle his sister and left it there. Appears he forgot about it. We talked about knowing where all your guns are before but guess is this is Josey-Davis' only gun. When you had one gun didnt you always knew where it was.

 

Next he went to work then went out with his girlfriend or just went out with his girlfriend and got stopped. I think the cops somehow got the impression he had a carry permit, seized his gun, and made him come in the next day. Don't think it was a lefty prosecutor. Then he got arrested.

 

I can't see why Nappen thinks the drug dealers gun amnesty has anything to do with this guy. The drug dealer had AW and magazines over 15 rds in his house. Not stuffed in the glove compartment.

 

I feel the penalty for what he did far outweighs the offense here. If he had to write 50 times "I should always know where the only gun I own is", on public tv that should be the maximum penalty.

 

This guy was more stupid than criminal. His penalty is excessive but most people try to make it seem nothing is this guy's fault.

Precisely....i have issues with the fact that it being his only firearm and somehow "forgetting it"...have any of you ever forgot where you last left your gun? and the lament that his ambition of bring a LEO is now dashed. If at that age you're that forgetful or just that stupid? perhaps it's for the best.

Share this post


Link to post
Share on other sites

IMHO this is a calamity of ERRORS!

 

1. What's he doing with a loaded hand gun in the garage?  Gonna shoot some targets in THERE?  WHY is he in the front seat of his car, playing with it?

2.  Can't the Sister see guns?  What other tools can't she see?  Shovels?  Chainsaws? Lawnmowers?

3.  Going-out with the GF for the big anniversary??  Or with the guys after work to go shooting at a public range?  Which is it?  Paper reported BOTH stories!  PICK ONE!

4.  I don't like all of these loose ends.

 

Something just doesn't "feel" right.  I agree with GRIZ, the Kid was more stupid than criminal and his penalty is very excessive but I do grow tired of this "all or nothing, TAKE NO PRISONERS attitude" about this case.  At least the 72 year old in Cumberland County (Van Gilder) had a FLINTLESS Flintlock that couldn't (NO WAY!!!) make a spark.  This Kid had a fully-loaded modern gun...and FORGOT where it was!  IMHO I think he ought to have gotten some community service (for being stupid), but those damned mandatory minimums keep biting common sense in the a$$!

 

The gun laws do need to get re-worked, so as to allow Judges and Prosecutors more leeway in certain cases, this case being one of them.

Share this post


Link to post
Share on other sites

****Update****

 

He was Pardoned by Christy today... Here's the Email from NJ2AS I received.

 

 

 

 

Dear Steven F,

 

Governor Christie has pardoned Steffon Josey-Davis! I want to thank every single NJ2AS member who made this a reality. We worked effortlessly to make this a reality. I want to give you some background information on Steffon and I. I met him in January when he reached out to us for help. Honestly, I did not know what to expect. Fast forward over 6 months and I am honored to call Steffon a close friend. We see each other weekly, spend hours talking and discussing out rights and common interests, and frankly I am blown away by his intelligence, integrity, character. Every time we see each other or speak I always leave the situation with the same thought in my mind: "I cannot believe NJ was going to jail him for 10 years and then eventually intimidated him into accepting a plea deal and probation that left him with a felon charge for 10 years on his record." What is even sadder is that practically nothing, sorry I mean, absolutely nothing, is being done by our legislators to fix New Jerseys insane and ridiculous gun laws. While the NJ2AS and our members fight vigorously to protect innocent life and defend legal victims like Steffon, the anti-gun bigots are celebrating that people like Steffon are convicted. One of those monsters was even quoted in response to Shaneen Allen's case that the single mother of 2 children should server 10+ years in jail to act as a deterrent for people to own guns. I wish I was joking but that is how insane their logic is.

 

When I spoke to Steffon I heard such a level of excitement when he said "Guess what!" and although I was tempted to respond with one of our inside jokes (and we have many) I knew it happned and we both started cheering in excitement! I cannot tell you how much time and effort we put into this and I will love to tell everyone the details when we have our next meeting. But I really wanted to thank every single member and supporter who made this happen. I will actually leave you with this great and proud story and why I fight every day for all of you. Steffon had a meeting at Governor Christie's office to review his pardon application. He told me that while he was sitting in the office the secretary kept answering the phone and heard her mentioning that "people keep calling from the NJ2AS and asking that the governor pardon Steffon." When he told me that story and said to me "you guys are awesome," I never felt so proud to represent such a passionate and loving group of people. Steffon will be sending all of you a thank you letter for your support shortly. I have included a picture of us out one evening having a good time.

 

 

 

In closing thank you again. So we can keep fighting and keep the momentum moving in the right direction I ask if you can help support the NJ2AS and make a donation from the tab above. Our efforts do take a lot of resources and unfortunately we do not have billionaires like Bloomberg funding our cause.

 

Proudly serving as your president,

 

Alexander Roubian

Share this post


Link to post
Share on other sites

 

IMHO this is a calamity of ERRORS!

 

1. What's he doing with a loaded hand gun in the garage?  Gonna shoot some targets in THERE?  WHY is he in the front seat of his car, playing with it?

2.  Can't the Sister see guns?  What other tools can't she see?  Shovels?  Chainsaws? Lawnmowers?

3.  Going-out with the GF for the big anniversary??  Or with the guys after work to go shooting at a public range?  Which is it?  Paper reported BOTH stories!  PICK ONE!

4.  I don't like all of these loose ends.

 

Something just doesn't "feel" right.  I agree with GRIZ, the Kid was more stupid than criminal and his penalty is very excessive but I do grow tired of this "all or nothing, TAKE NO PRISONERS attitude" about this case.  At least the 72 year old in Cumberland County (Van Gilder) had a FLINTLESS Flintlock that couldn't (NO WAY!!!) make a spark.  This Kid had a fully-loaded modern gun...and FORGOT where it was!  IMHO I think he ought to have gotten some community service (for being stupid), but those damned mandatory minimums keep biting common sense in the a$$!

 

The gun laws do need to get re-worked, so as to allow Judges and Prosecutors more leeway in certain cases, this case being one of them.

 

 

He's completely full of shit. The law sucks, but for some reason I fall out when everybody parrots a bullshit story as an injustice.

Share this post


Link to post
Share on other sites

Tough crowd here. I don't see the problem unless you think it should be illegal to keep a loaded gun in your glove compartment. Sure there might be inconsistencies in his story, but unless those inconsistencies include a criminal record or intent to commit a crime, I could give a rat's @ss. Do we need to establish garages as gun free zones? Should people establish justifiable need each time they touch their handgun? He may not have won over this forum's hearts, but at least he has his freedom and I'm sure that means a hell of a lot more to him.

Share this post


Link to post
Share on other sites

Great :roll eyes:, another chance for Christie to make a high profile case go away instead of fixing the real problem, and to fool a few more suckers into believing he is less of an anti than Obama.

^^^^^DING!   DING!   DING!   DING!   DING!    DING!!!

 

And YOU Sir are the WINNER!  It all about what's good for the RINO Governor, NOT the enslaved population.  If it were about fixing the laws, he'd call a Press Conference and state what needed FIXED and then challenge his Legislators to write the laws for him to sign.  There's just as much of Carol Bowne's blood on Christie's hands as anybody else's in Trenton!

Share this post


Link to post
Share on other sites

  

 

He's completely full of shit. The law sucks, but for some reason I fall out when everybody parrots a bullshit story as an injustice.

Yeah his whole story had some major "wtf's?" In it, I agree. I wish the laws were changed, because of the fact that they violate the constitution and supreme court rulings. But at the same time, I'm happy this kid isn't going to become a felon for a non violent technicality. Anyway I was just delivering the news exactly as I received it. Not shedding my opinion into it. But since you brought it up this is my $.02

Share this post


Link to post
Share on other sites

Tough crowd here. I don't see the problem unless you think it should be illegal to keep a loaded gun in your glove compartment. Sure there might be inconsistencies in his story, but unless those inconsistencies include a criminal record or intent to commit a crime, I could give a rat's @ss. Do we need to establish garages as gun free zones? Should people establish justifiable need each time they touch their handgun? He may not have won over this forum's hearts, but at least he has his freedom and I'm sure that means a hell of a lot more to him.

Don't get me wrong.  I don't think he belongs in jail.  I think the laws need FIXED!  I also think he should have known better than to be playing with his LOADED gun in the Parent's garage.  I think THAT mistake caused all of his problems, since it's well-known that most Blacks are very fearful of gun ownership to begin with, and his actions of hiding the gun from his Sister speaks volumes to THAT issue as well.  I'm glad he got pardoned before he spent any time in States Prison (unlike Aitken), but I'm not ready to call this Kid a Choir Boy.  I also realize it takes away another central figure for NJ based 2-A Groups to rally around, and I for one am growing tired of celebrating these "little victories" one poor dumb bastard at a time.  I'm lookin' for LAWS to be re-written to PREVENT this BS from the get-go!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...