Chester considers lost or stolen ordinance

[thundrr1]

Here we go again.....................

http://www.delcotimes.com/articles/2...5567228806.txt


By JOHN KOPP
Jkopp@delcotimes.com


State Rep. Thaddeus Kirkland, left, Chester Police Chief Floyd Lewis, center, and Chester Mayor Wendell N. Butler Jr. are pushing for a city ordinance that would require residents to report a lost or stolen firearm within 72 hours.

CHESTER — State Rep. Thaddeus Kirkland, D-159, of Chester, said he doesn’t know of anyone who had their car stolen and refused to report it to the police. Nor does he know of anyone who failed to report a robbery to their home or business.

Yet, Kirkland wonders, why wouldn’t one report a missing handgun?

“Reporting lost or stolen handguns just makes good common sense,” Kirkland said.

Thus, Kirkland called a press conference Monday morning outside the Chester Police Department to ask Chester to join 45 other Pennsylvania municipalities that have passed either an ordinance or resolution calling for citizens to report lost or stolen firearms.



With the city desperately seeking solutions for ending its violence epidemic, Mayor Wendell N. Butler Jr., Police Chief Floyd Lewis and councilperson John Linder welcomed Kirkland’s request with open arms.

“Any offering that can help the police department and the community at all deal with illegal guns and gun violence, I know certainly that we are going to accept that,” Butler said. “Rep. Kirkland contacted me over the weekend with a copy of the resolution and the ordinance. This morning, I gave that to our legal department so that we can adopt it to whatever ordinance that we have.”

By passing an ordinance, the city could require residents to report lost or stolen guns within a specific timeframe or face fines and/or incarceration. The ordinance Kirkland proposed suggested a 72-hour timeframe, fines did not exceed $1,000 and jail time was no longer than 90 days.

Council’s passage of a resolution simply would show the city’s support for the General Assembly to pass a state law mandating such actions.

Radnor, Sharon Hill and Swarthmore have passed similar resolutions. No Delaware County municipality has passed an ordinance, though 29 municipalities outside the county have done so, including Philadelphia, Pittsburgh and Harrisburg.

Such ordinances have been challenged by gun lobbyists five times. On each occasion, the challenge was rejected, including the Pennsylvania Supreme Court’s decision last month to uphold Philadelphia’s lost or stolen handgun law.

One of the desired effects of such laws is that they will diminish the amount of straw sales, which occur when an individual legally purchases a gun and illegally sells it to another individual who, for whatever reason, could not have legally purchased the weapon.

“You have one person who maybe has bought five or six guns,” Lewis said. “We can’t do it, but ATF can go to that person’s house and say, ‘Let us see your guns.’ Now, if they didn’t report it stolen, they may have some criminal charges brought against them.

“So, that is a tool. People will have to make the determination, ‘Do I want to make a false police report?’ You may have a decrease in the amount of guns that are being bought and illegally sold. Hopefully, that will be the outcome.”

Kirkland, who is running for re-election against Republican Rev. Rocky Brown said he had been working with CeaseFirePA, a gun prevention organization, for several years. But with violence forcing Butler to enact a state of emergency, Kirkland said something needed to be done soon.

Kirkland presented Butler with a copies of a suggested ordinance and resolution last weekend, during which the city suffered a fatal shooting less than 24 hours after its state of emergency was lifted Friday morning.

“When we got the resolution and the ordinance drawn up, we presented them to the mayor and the mayor was receptive,” Kirkland said. “I said, ‘This is not a cure-all, but it’s a help.’ This is to even let the criminals know that we’re not sitting on our hands and just allowing this to run rampant in our community.”

Brown, who serves the Chester police as a chaplain, could not be reached for comment.

Because the city only recently received the documents, Butler said he wasn’t sure whether they’d find their way onto the agenda for Wednesday’s council meeting. The city’s solicitors must first examine the legalese of implementing either an ordinance or resolution.

“Really what we try to do as a body is try to get all the resolutions and ordinances the week before, because there’s always a question or two and people have to peruse it,” Butler said. “It’s already been upheld by the Pennsylvania Supreme Court, but as far as your local ordinances, is that something you amend or do you adopt that section?”

Representing city council, Linder said the board backed the initiative.

“We are going to support them 100 percent and, hopefully, this will help to quell, and at some point, end the violence in this city,” he said.

Sharon Hill mayor Robert O’Neill said passing an ordinance can be difficult. His borough instead passed a resolution in April, by a 6-1 vote, he said.

“An ordinance is really tough,” O’Neill said. “I really don’t know how to put it. An ordinance is law.”

A resolution, he said, lets the public know the idea is one the municipality supports and is thus easier to pass.

Though Sharon Hill couldn’t pass an ordinance, O’Neill said support for lost and stolen gun laws seem to be gaining steam, calling such actions a “no-brainer.”

“I really think its going to be a snowball effect as all the mayors get wind of it,” O’Neill said.

Time to contact them......

[ImminentDanger]

CeaseFirePA, a gun prevention organization

At least they characterized CeaseFirePA correctly ---
It's not about reducing CRIME it's about eliminating GUNS.....

And they included the normal MIS-INFORMATION that is absolutely incorrect.....

'Such ordinances have been challenged by gun lobbyists five times. On each occasion, the challenge was rejected, including the Pennsylvania Supreme Court’s decision last month to uphold Philadelphia’s lost or stolen handgun law.'

'Butler said. “It’s already been upheld by the Pennsylvania Supreme Court, but as far as your local ordinances, is that something you amend or do you adopt that section?'


Good luck to the locals in fighting this.....


BTW --- Someone local should CHALLENGE THE NEWSPAPER TO FIND ANYONE EVER CHARGED WITH THIS CRIME!! (Maybe they can help us find a person with standing to knock these ILLEGAL ORDINANCES down.)

...
ID

[LittleRedToyota]

look at the bright side...

it sounds like chester might actually enforce the law...

which means someone will actually have standing to challenge it...

which means that all L&S ordinances may finally be declared to be the violation of the preemption clause that they are.

oh, the irony.

[andrewjs18]

look at the bright side...

it sounds like chester might actually enforce the law...

which means someone will actually have standing to challenge it...

which means that all L&I ordinances may finally be declared to be the violation of the preemption clause that they are.

oh, the irony.

but how do you report a gun you stole that someone else stole from you? =P

[WhiteFeather]

We have elected Representatives and groups like CeasefirePA illegally conspiring with Others to actively lobbying other elected officials to break the laws of the Commonwealth of PA with virtual immunity by in lots of cases by the silent consent of the same county DA’s that are not doing their jobs by playing catch and release with criminals that is the root cause of the repeat violent offender.

Passing these local Lost or Stolen ordinances action is unconscionable and illegal, its also violation of Dillion’s rule.

Please keep in mind that when these Mayors and Councils illegally enact these ordinances they are 'criminal’ acts and throw out the entire concept of the Rule of Law with these actions.

Each person that votes to pass these ordinances is a violation of PA law sections 903 (Criminal Conspiracy) and 6120 (municipal preemption). Each count is a misdemeanor one violation of law for each person.

fyi: 1st degree misdemeanor: up to 5 years in jail & maximum $10,000 fine per offense.

Frankly I would like to see The Council’s and the Mayor’s taken out in handcuffs under the penalty section of Title 18, section 6119 but I know that won't happen either.

If their was any real justice, the ringleader conspirators in CeasefirePA especially “the lawyers” would face some sanction or jail time for their part as they are the ones responsible for all of this whole politically created legal theory concept of Lost or Stolen firearms ordinances is based on along with the false hope it offers. When other methods that could have the desired effect is never used or even explored first…

The elected state Reps that can’t get their legislative way in Harrisburg are co conspirators doing these kinds of directly lobbying activities is another example of no one being held accountable for their actions. Still look at how everyone wants to hold gun owners to a higher standard with obeying their law with mandatory reporting of lost or stolen firearm. Why stop there? where is the same mandatory reporting of every other crime being sought? That right it’s only about gun control nothing about crime as claimed.

All of these people only play blame the firearms game for the evil deeds and actions; never ever do you hear any of them even raise a whisper of why these repeat violent criminals are allowed to freely walk the street, to have a chance to hurt more Citizens / LEO to illegally acquire another firearm.

All because they didn’t do the jail time for the last crime.

No its the only firearm fault, not the criminals actions.

Where is the outrage when the county DA’s plea bargain the firearm case down? Why over the years of violence (14-45) they are arrested several times. Different firearms are repeatedly removed from these same few bad guys hands after another arrest, court trial…why is there even a focus on firearms rather than just removing the bad guys from society with numerous existing firearm laws with harsh penalties to lock them up for max time?.

What makes these bad guys so valuable to society that they get let out of jail early for good behavior in jail? When it was their actions outside of jail that finally got them into a crime out time for the rest of US?

We see a pattern as the first thing is plea bargained away is the gun charge so what the point of another firearm law?. IF we are not ready to strictly enforce existing firearm laws for their stated purpose of additional jail time for the bad guys because of their actions.

In this article they list all the ways the Lost or Stolen is “hopefully” going to work to justify their illegal action are all worth the total disregard the rule of law with means justify the end of their conspiracy theory of going after straw purchasers with BS schemes like this.. Enacting more laws based on just a “Hope” they will work is not a sound policy for doing anything and is even a less “a reason” to do so because some place else already jumped off the bridge we should do it in PA as well.

who cares if it doesn't work it feels good, we can trade it for votes in the next election cycle, hell when fails, we can do more gun control laws after all solving the problem takes it off the table and couldn't be used to advance a career.

Never does CeaseFirePA provide any documentation of ALL these prosecutions and arrest in other Twps, boroughs. cities or states that already enacting mandatory reporting of Lost or Stolen firearms being ENFORCED, they sell “HOPE” it works. Then they say look at (AMOUNT) of twp or city that jumped off the bridge and passed this as a reason why you should pass a “feel good” ordinance here.

Again Why is not the prosecutions mentioned..IF this concept of Lost or Stolen is so effective according to the legal vultures at CeaseFirePA why is this not the main selling point instead of "Hope". That’s right despite it being illegal to pass local ordinances and being on the book in the major cities for over a year plus there is a BIG zero examples of this being aggressively enforced, guess it not really effective as a another tool as its being marketed as snake oil solution by CeasefirePA…


On PAFOA we have documented many cases of the straw purchasers receiving NO JAIL time or just a slap on the wrist for multiple illegal purchases, possession, transfers of firearms that they directly put into criminals hands for a money or drugs.
Total Silence from CeaseFirePA on this subject why is that?

Insanity is doing the same thing over and over and expecting (hoping for) a different result, just passing a law that we are not ready to strictly enforce is nothing but a feel good measure to suit someone agenda, in this case its gun control where is the effort for criminal control instead?

That's right its gun owners working with elected Reps to pass target laws with teeth to be used against repeat violent criminal. Instead of feel good scams by fly by night gun control groups like CeasefirePA.

Rather than keep putting the blame of pieces of metal let put it where is really should be all the focus placed on the human element. This letter to Philly paper says it better than my rambling, note the author.

Put the blame where it lies: The killers

We have to stop pointing the finger everywhere but at the very people who prey on us each day. Over time we have allowed our value system to erode. We refuse to hold people accountable for their actions and constantly make excuses for their inexcusable behavior. The incessant cry for tougher gun laws is a good example. Until we're ready to strictly enforce the current laws there is no reason for tougher ones.

Yes, there is a need to work on the social ills at the core of much of the unrest, but that does not mean we should accept those ills as a reason to excuse the behavior. Those engaged in this violent lifestyle know exactly what they're doing. They also know it is wrong. And they also know there are no serious consequences for their actions. It's not a matter of not knowing right from wrong, it's a matter of weighing the risk. And today they face very little risk.

Time after time these budding killers are arrested with guns, only to be returned to the streets with a slap on the wrist. Is it any wonder we have trouble getting witnesses to speak up? Instead of holding vigils at murder scenes, groups like Men United for a Better Philadelphia and Mothers in Charge should throw a ring around the Criminal In-Justice Center and demand that our judges hold the criminals accountable.

More than 80 percent of Philadelphia's cold-blooded killers have criminal records. Most of those records are lengthy, many for violent crimes. Every one of those arrests represents an opportunity to send a clear message, before they take another life.

Joseph Fox
Chief of Detectives
Philadelphia Police Department
Philadelphia

[anonymouse]

Ah, Chester...

I'm not sure if anyone is aware of the story of Kathy Ann Stewart:

http://www.dailylocal.com/articles/2...9289126954.txt

Chester woman clinging to life after being shot
Published: Tuesday, November 17, 2009
By CINDY SCHARR, Special to the Local News

CHESTER — A 49-year-old mother of three is clinging to life after being shot by a stray bullet inside her mother’s house on Franklin Street Sunday night.

Kathy Ann “Kat” Stewart was on life support at Crozer-Chester Medical Center in critical condition Monday, police said.

Stewart, who worked at Alloy Chemical in Wilmington, Del., had been caring for her seriously ill mother and was resting in a bed on the second floor of a home in the William Penn Housing Development around 8:35 p.m. when she was shot. The bullet pierced the brick wall of the house, went through the headboard of her bed and struck her in the head.

“My mother has cancer and is bedridden,” said Stewart’s brother, Thomas Stewart, Monday. “She took care of her every day after work, bathed her, dressed her, fed her, gave her medication. That’s why she was here.”

Police said numerous shots were fired in and around the intersection of West Union Street and Whittington Place Sunday night. Investigators recovered 12 shell casings, of two different calibers, said Detective Capt. Joseph Massi.

“We don’t know if the intended victim returned fire,” Massi said. “No one else was injured.”

Surveillance videos show two men firing weapons in the area of West Union and Franklin streets, Massi said. Investigators are trying to determine the identity of the shooters.

Police believe the shooting was sparked by the ongoing feud between young adults from the William Penn Housing Development and the East Side of the city, near Sun Village.

Felix Pizarro, 19, was shot and killed in a drive-by shooting at a park near Eighth and Caldwell streets on Sept. 20. That murder is also believed to be related to the ongoing dispute between the two factions.

Ada Cabrera lives next door to Stewart’s mother. She said she was at bingo Sunday when the shooting occurred.

Cabrera said the incident is upsetting. She spoke of when a bullet went through the wall of her granddaughter’s home. Luckily, no one was hurt, she said.

“There are always shootings here,” Cabrera said. “I just go into my bedroom and shut the door.”

Tina Johnson, president of William Penn’s resident council, said Kathy Stewart is a quiet, hard-working woman.

“Every time you’d see her, all she would do is smile,” Johnson said. “The family is a real tight-knit family. The living brothers and sisters, everyone takes care of Marietta Andrews, the mother.”

It was not the first time street violence has struck Stewart and her family. In 1995 her fiancé, Andre Pittman, 32, was killed in a drive-by shooting at a playground at Eighth and Lloyd streets.

Stewart’s youngest daughter, now 15, never knew her father, her family said. Now, she and her two brothers face the possibility of life without their mother.

“I’m really bad right now,” said a devastated Thomas Stewart. One of 11 children, he said he has already suffered the loss of three brothers.

“Now my sister,” he said. “This is the worst I’ve ever been in my life.”

http://www.dailylocal.com/articles/2...c338471689.txt

Chester woman shot through wall dies
Published: Wednesday, November 18, 2009
By CINDY SCHARR, Special to the Local News

CHESTER — As the family of Kathy Ann Stewart mourns her death, investigators continue their pursuit of the suspects responsible for her senseless slaying.

Stewart, a 49-year-old mother of three, was shot while talking on the phone in a second-floor bedroom of her mother’s Franklin Street home Sunday night. The bullet pierced the wall of the house, went through the headboard and struck Stewart in the head.

Kat, as Stewart was known, was rushed to Crozer-Chester Medical Center, where she died at 4:36 a.m. Tuesday, according to police.

“This has to come to a stop. A woman can’t even lay in bed and talk on the phone,” said a frustrated Detective Capt. Joseph Massi Tuesday. “The neighborhood knows what’s going on.”

Investigators believe the shooting stems from an ongoing battle between young adults from the William Penn housing project and other neighborhood factions in the city.

“This has been going on for years,” Massi said. “They are young males, between the ages of 16 and 25, who terrorize that neighborhood. They are a violent group.”

According to Massi, the group of young men believed to be responsible for Stewart’s murder are also suspected of a number of other shootings. But without information from witnesses, investigators can’t link the potential suspects to the shootings.

Investigators are searching for the two people caught on surveillance video firing weapons near the house in which Stewart was killed, according to Massi.

“We don’t have faces or names to go with the shooters,” Massi said Tuesday.

Good news! The found the suspects:

http://www.dailylocal.com/articles/2...2194329399.txt

Two charged in stray-bullet slaying
Published: Friday, November 20, 2009
By ROSE QUINN and CINDY SCHARR, Special to the Local News

CHESTER — The lone window in the 300 block of Franklin Street was purposely opened wide Thursday afternoon, allowing the 85-year-old matriarch to hear for herself that two young males had been arrested in the stray-bullet murder of her beloved daughter. (See video at end of story)

Dressed in pretty shades of blue and looking frail, Marietta Andrews sat at her second-floor bedroom window as Delaware County District Attorney G. Michael Green held a press conference across the street, outside White Rock Christian Church. By microphone, Green announced the names Abdul Azzia Johnson and Dominique Smith, drawing loud applause from a crowd gathered in the William Penn housing development.

“Mom, can you see them? yelled a voice below Andrews’ window. The woman then pointed to the photographs of the men Green said were charged earlier Thursday with first-degree murder and related offenses in the shooting death of Kathy Ann “Kat” Stewart.

Stewart, a mother of three and a machine operator, was struck by a stray bullet Nov. 15 while at her mother’s home, talking on the phone in a second-floor bedroom — adjacent to Andrews’ perch Thursday afternoon. She died two days later at Crozer-Chester Medical Center.

Stewart had been at the house to take care of her mother, who is battling cancer, family members said. According to police, the stray bullet pierced both the wall of the row home and the headboard of a bed before striking her in the head.

“We thought it was important to you, to the William Penn family, to come out on this very street to let you know what took place,” Mayor Wendell N. Butler Jr. told the dozens of family and friends who joined police and clergy in the violence-plagued housing development.

“It is a blessed day,” said Donna Smith, a niece of the victim.

Johnson, 17, of the 1100 block of Curry Street in Chester, and Smith, 19, of the 400 block of Gilbert Street in Trainer, were linked to Stewart’s murder after a key witness came forward with information critical to the case.

Green said those attempting to avenge a friend who had been shot in the eye fired the lethal shot.

“Because of a perceived beef, a mother, a daughter, a good person is dead,” Green said.

Police recovered numerous bullet casings outside the residence, in the parking lot of White Rock, in the 500 block of Union Street, and at the intersection of Fourth and Concord streets. He also said a firearm was recovered as a result of the investigation, which would be analyzed to see if it was used in other crimes.

Green lauded Chester police for its exhaustive efforts in tracking leads, with assistance of county detectives and housing authority officers. He mentioned lead investigators Chester Detective Robert Whitaker and county Detective Bill Gordon by name, along with Otis Blair, Jonathan Ross, Tim Garron, Steve Byrne and Robert Weigand of the Chester Police Department.

He thanked the Rev. Edward Lilly, pastor of White Rock, and his wife, for their continued efforts in fighting crime in the city.

Green also praised a “few courageous city residents” who provided information leading to the arrests.

“I can tell you, unequivocally, this neighborhood responded to the needs of Kathy Stewart’s family,” Green said, noting that crimes can be solved without delay when those with information come forward.

Added Butler, “Somebody stepped up so another family doesn’t have to go through this.”

The mayor, who lost a nephew to gun violence in September, went on to warn “cowardly thugs who think they can pull out a gun anywhere” that they can’t. “Human life is valuable to us. We’re tired of this and we are not going to continue to take it. If you want to act like a jackass and a criminal, we are going to target you.”

According to the arrest affidavit, a witness heard Johnson and Smith laughing the day after Stewart was shot about “an old lady getting shot in the bed.”

“They don’t give a f—- if one of our moms got shot, so I don’t give a f—- about her,” the affidavit quotes Smith. “Man, f—- that b—-.”

When asked if they had been in the area when Stewart was shot, Johnson allegedly responded, “Yeah, we did that s—-, we was chasing the bull on Franklin Street and hit the corner while we was shooting.” According to the affidavit, Johnson said they didn’t mean to kill Stewart, but added, “It is what it is.”

The two suspects allegedly said they had gone to the William Penn development because of a “beef” over one of their friends being shot in the eye.

Police maintain that the shooting is the result of a longstanding dispute between groups of young men from William Penn and the East Side of the city, including Sun Village, where Johnson lives. The witness gave police a description of what both Smith and Johnson were wearing that night, the caliber of the guns they were carrying and the type of car they drove that night.

Smith, who pleaded guilty in June to a firearm violation, was picked up on Tuesday on a probation violation, according to sources. Recently released from prison after serving 105 days of his sentence, Smith denied any involvement in the fatal shooting. He claimed to have spent Sunday evening with his girlfriend, Emily, leaving to go home to Trainer around 9:40 p.m., according to the affidavit.

Johnson, who was also taken into custody on unrelated drug charges Tuesday, gave police a different story. Accompanied by his mother, Johnson agreed to speak to detectives concerning Stewart’s murder, according to the affidavit. After he and his mother signed the Miranda warning form, the 17-year-old pointed the finger of blame directly at Smith, saying it was Smith who fired a gun in the direction of the 300 block of Franklin Street on Sunday night.

Johnson allegedly told investigators he and Smith had driven to William Penn Sunday night.

Johnson, who was behind the wheel of a burgundy Grand Marquis, parked the car on Fourth Street and he and Smith got out and started walking toward William Penn.

According to the affidavit, Johnson said as they reached Whittington Place, someone began shooting at them. He and Smith took off running until they reached their car, at which point Smith turned and began firing his weapon toward the 300 block of Franklin Street.

Johnson was held at the Delaware County Juvenile Detention Center until Thursday, when he was arraigned, as an adult, on murder charges. Smith was already wearing a red prison jumpsuit when he was brought back to Chester police station for his arraignment.

Magisterial District Judge Spencer Seaton denied bail to both suspects. Smith and Johnson are slated to appear before Magisterial District Judge Dawn Vann for a preliminary hearing Dec. 1.

In addition to murder and related offenses, Smith is also charged with former convict not to own a firearm.

Myra Stewart and several other members of Kathy Stewart’s family waited patiently outside police headquarters Thursday afternoon for a glimpse of the men charged with her murder.

“We’re just glad they caught them,” said Myra Stewart, the victim’s cousin. “Not only did they break one family’s heart, now they broke their family’s heart, too.”

A young woman dressed in a Chester High School cheerleading sweatshirt and who identified herself as Smith’s girlfriend, was also waiting. She left before Smith and Johnson were led out of Chester Police Headquarters, shackled and handcuffed.

Among those gathered on Franklin Street were Fatimah Johnson and Michelle Washington, nieces of the victim who expressed satisfaction in the arrests and want similar outcomes for other grieving families.

“I’m happy, but his is just a start,” said Fatimah Johnson, calling for those with information in unsolved murders to step forward.

Kathy Stewart’s funeral is scheduled 11 a.m. Wednesday at Bethany Baptist Church, 12th and Tilghman streets.

Now what's going to happen to these guys?

http://www.delcotimes.com/articles/2...4686044317.txt

Remember, Dominique Smith is the alleged shooter.

Man offers guilty plea in stray-bullet death
Published: Wednesday, June 23, 2010
By MARLENE DiGIACOMO
mdigiacomo@delcotimes.com


MEDIA COURTHOUSE — One of two defendants pleaded guilty Tuesday for his part in a Chester street shooting last November in which a stray bullet ripped through a city home and claimed the life of a mother of three as she was innocently talking on the phone.

The city has been under a state of emergency this week because of the violence that has permeated its streets and left heartbreak and bloodshed in its path, including the recent fatal — and still unsolved — shooting of a 2-year-old child.

Dominique Smith entered pleas to involuntary manslaughter and conspiracy to commit aggravated assault in the slaying of Kathy Ann Stewart, 49, who was killed while caring for her 85-year-old mother.

Police said Stewart was struck and killed by a stray bullet Nov. 15, 2009, at her mother’s home in the 300 block of Franklin Street.

Smith was arrested shortly after Stewart’s killing last year, along with Abdul Johnson, 18, of the 1100 block of Curry Street, Chester. Johnson, who is still facing murder charges, is to be in court this morning for his part in the crime.

As part of the plea entered by Smith, he also gave authorities the street name of one of the four men he said he was gunning for when he opened fire that day.

In a barely audible voice, Smith told the court he was out to avenge the shooting of a friend. Once he heard on the street who had done it, he went there seeking vengeance and as he confronted them, shots rang out.

Assistant District Attorney Michael Donahue and defense attorney William Wismer, who represents Smith, worked out the agreement that was approved by Judge Gregory Mallon.

Under the terms, Smith was formally sentenced to 11 and a half to 23 months in Delaware County prison. He also waived any credit for time served since his arrest last year.

His jail term, which officially began Tuesday, will be followed by a consecutive four years of probation. He will be under court supervision for almost six years.

A key witness had given conflicting testimony during a preliminary hearing in December that could have hurt the commonwealth’s case against Smith, if he opted for trial.

The victim’s family was not in court at the time the plea was entered, although they were present earlier in the day, and were aware of the terms, according to officials.

At the time of the shooting, police quoted Johnson as admitting he and Smith had been in the area that night and they didn’t mean to kill Stewart, but added, “It is what it is.”

Police maintained that the shooting was triggered by longstanding bad blood between groups from different sections of the city.

What about the other guy? The story continues...

[anonymouse]

The other guy:

Chester man pleads guilty in woman’s fatal shooting
Published: Thursday, June 24, 2010
By MARLENE DiGIACOMO
mdigiacomo@delcotimes.com

MEDIA COURTHOUSE — A witness quoted Abdul Johnson as stating he didn’t mean for a stray bullet to kill a Chester mother last year, and then the defendant added, “but it is what it is.”

And “what it is” will cost the city teenager upward of five years in jail.

Johnson, who will turn 18 in August, pleaded guilty Wednesday for his part in the killing of Kathy Ann Stewart, 49. She suffered a bullet to the head because Johnson and a co-defendant opened fire near Franklin Street in an attempt to avenge another Chester street shooting.

Stewart was in an upstairs bedroom at the home of her 85-year-old mother in the 300 block of Franklin Street last year when a stray bullet fired by one of the assailants careened off a bedpost and struck her in the head.

As authorities were able to bring this case to a conclusion, Chester’s state of emergency continues in a desperate effort to quell the street violence that has plagued the city.

Johnson will be sentenced Aug. 12 and Assistant District Attorney Michael Donohue put him on notice that he will receive at least five years in jail — the mandatory minimum for crimes committed with a firearm.

A co-defendant, Dominique Smith, 20, entered similar pleas Tuesday to involuntary manslaughter and conspiracy to commit aggravated assault in the November 2009 slaying of Stewart, an innocent victim of the gunfire that has become all too familiar on the city’s streets.

Johnson also pleaded guilty to related charges that he commandeered a police vehicle and attempted a brazen escape when he was being escorted to Delaware County prison following his arrest in the Nov. 15, 2009, shooting.

Under the standard range of the state sentencing guidelines, Johnson faces a minimum of seven and half years behind bars, and in the aggravated range, more than 10 years. The charges carry a maximum of 49 years in jail.

Johnson entered pleas to charges of involuntary manslaughter and conspiracy with Smith to commit aggravated assault involving their attempt to avenge an earlier shooting that led to a gang of youths opening fire in the area of Franklin Street.

When police arrived, Stewart was on the floor in an upstairs bedroom struggling to breathe and she was pronounced dead at Crozer-Chester Medical Center in the early morning hours of Nov. 17, 2009.

The victim’s family was not present in court Wednesday when Johnson admitted guilt, but members are expected to be in present at the time of his sentencing set by Judge Gregory Mallon for 2 p.m. Aug. 12.

Johnson’s plea, which was ironed out by Donohue and defense attorney Conal Hickey, was a protracted matter that covered two days, during which the defendant met with his mother and his attorney to reach an agreement.

After waiting several hours Wednesday for the plea to begin, the defendant was finally ushered in and stood handcuffed in the front of the courtroom. The judge then left the bench for several minutes.

The case against Johnson apparently is stronger than that of Smith, in which a key witness gave conflicting testimony at a preliminary hearing last year.

Under the terms of his plea, Smith was formally sentenced to 11½ to 23 months in Delaware County’s prison. He also waived any credit for time served since his arrest last year.

His jail term, which officially began Tuesday, will be followed by a consecutive four years of probation.

He will be under court supervision for almost six years.

The attorneys declined comment following the court proceedings.

Smith of the 400 block of Gilbert Street, Trainer, was arrested shortly after Stewart’s shooting, along with Johnson of the 1100 block of Curry Street, Chester.

As part of the plea entered by Smith, he also gave authorities the street name of one of the four men he said he was gunning for when he opened fire that day.

Both defendants were out to avenge the shooting of a friend and when they learned on the street who was involved, they went together seeking vengeance with guns blazing, according to court statements.

According to the affidavit of probable cause, a witness said that following the killing the two defendants were seen laughing about “an old lady getting shot.”

I guess we'll find out next month (August 12) what "justice" is in Chester these days. August 12 happens to be Johnson's 18th birthday too.

Dominique Smith, the 11.5 to 23 month guy, was arrested in MAY 2009 and charged with six offenses, including an F3 (6106, firearms not to be carried without a license).

He was convicted in August 2009, and was sentenced to 4 to 23 months in prison in that case. Kathy Ann Stewart was killed in November 2009.
http://ujsportal.pacourts.us/DocketS...R-0003488-2009

They dropped the following charges:

Poss Instrument Of Crime W/Int M1 18 § 907 Nolle Prossed
Make Repairs/Sell/Etc Offens Weap M1 18 § 908 Nolle Prossed
Resist Arrest/Other Law Enforce M2 18 § 5104 Nolle Prossed
Loitering And Prowling At Night Time M3 18 § 5506 Nolle Prossed
Recklessly Endangering Another Person M2 18 § 2705 Nolle Prossed

His court summary:

http://ujsportal.pacourts.us/DocketS...erID=201668794

Dominique Smith's docket for the killing of Kathy Ann Stewart:

http://ujsportal.pacourts.us/DocketS...R-0007095-2009

Edit: I found some more interesting stuff from the MDJ database:

In September 2008 he was arrested for (felony) burglary, trespassing, resisting arrest, harassment, disorderly conduct, and criminal mischief. All charges except for disorderly conduct were withdrawn. The disorderly conduct charge was "Moved to Non-Traffic" on 10/06/2008

http://ujsportal.pacourts.us/DocketS...=CR-0000349-08

He was arrested in November 2008 for carrying a firearm without a license, possessing a prohibited offensive weapon, possessing an instrument of crime, disorderly conduct, and driving without a license. He was arraigned on 11/16/2008. The preliminary hearing was then continued 11 times, and the case was finally withdrawn in December 2009.
http://ujsportal.pacourts.us/DocketS...=CR-0000821-08

Abdul Johnson
He was a minor when the shooting happened, so there isn't much as far available for his record.

Court summary here:
http://ujsportal.pacourts.us/DocketS...erID=201712669
AND
http://ujsportal.pacourts.us/DocketS...erID=201632488

Docket for the shooting of Kathy Ann Stewart:
http://ujsportal.pacourts.us/DocketS...R-0007094-2009

Docket concerning escape:
http://ujsportal.pacourts.us/DocketS...R-0000969-2010




Obviously, Lost and Stolen reporting requirements will fix the issues raised by this situation.


Shoot and kill an innocent bystander, while on probation for carrying a firearm without a license? In Chester, apparently the penalty is 6-23 months in prison.

And now, in six to twenty three months, Dominique Smith will be back on the streets of Chester.

[ImminentDanger]

It just goes to prove that TODAY's YOUTHs really are capable of learning....

NO ONE WILL HAVE TO DO ANY REAL TIME -
SO IT'S OK FOR EVERYBODY TO DO THEIR CRIME!

...

[anonymouse]

Big surprise, they passed a resolution.

http://www.delcotimes.com/articles/2...b088161880.txt

Chester council OKs resolution on guns
Published: Thursday, July 29, 2010
By John Kopp, jkopp@delcotimes.com

Chester city council approved a resolution Wednesday calling for the state Legislature to pass a law requiring lost or stolen handguns to be reported missing to police within a reasonable amount of time after the discovery of their disappearance. Council voted, 4-0, in favor of the resolution. Councilperson Marrea Walker-Smith was absent.

Mayor Wendell N. Butler Jr. said that council also seeks to pass an ordinance that would force Chester residents to do the same. To do so, the ordinance must first be advertised in several publications and undergo two readings at council meetings before council can approve it.

Butler applauded the city’s quick response in passing the resolution just two days after state Rep. Thaddeus Kirkland, D-159, formally pitched the idea at a press conference Monday.

“We’re dealing with gun violence,” Butler said. “We need to do everything we can to get the proliferation of guns off the streets.”

Kirkland, who spoke during the meeting’s public comment allotment, thanked council for its speedy response and urged it to continue to take measures to eliminate the violence.

“Thank you for putting on the resolution for lost and stolen guns,” Kirkland said. “I think that is a step in the right direction.”

Kirkland also asked the city to consider enacting more seat-belt checkpoints, because it potentially could allow police to catch criminals through probable cause.

City council also swore in its four police chaplains, the Rev. Dr. Bayard Taylor, the Rev. Dr. William Rocky Brown, Lisa Dennis and Leonard Carroll. The chaplains are available to the police department and residents for spiritual counseling.

Kirkland also asked the city to consider enacting more seat-belt checkpoints, because it potentially could allow police to catch criminals through probable cause unconstitutional fishing expeditions.

Fixed it.

[anonymouse]

Now they want to pass an ordinance

http://www.delcotimes.com/articles/2...c905384297.txt

Chester City Council passes first reading of new gun law
Published: Thursday, August 12, 2010
By JOHN KOPP
jkopp@delcotimes.com

CHESTER — Gun violence has rocked Chester this summer, forcing scared residents into their sweltering homes and sending the city’s politicians and community leaders searching for solutions to restore order.

City council took its latest measure to mitigate the bloodshed Wednesday by approving the first reading of a lost- and stolen-gun ordinance aimed at eliminating the straw purchases that often provide the guns used in such shootings.

The law could pass following its second and final reading Aug. 25. It would require firearm owners to report the loss or theft of any firearm within 72 hours of discovering it missing. Violators would be subject to a $1,000 maximum fine and/or a maximum 90-day prison sentence.

Mayor Wendell N. Butler Jr. said he was pleased the city drew up the proposed ordinance as quickly as it did. The idea was birthed about two weeks ago, when state Rep. Thaddeus Kirkland, D-159, of Chester, suggested the city pass such a resolution and ordinance, citing similar laws passed by other state municipalities.

“That’s important,” Butler said. “When you have gun incidents in the community, you ought to use every tool that you can to suppress that.”

At its July 28 meeting, council passed a resolution urging the state assembly to draft a statewide law requiring firearm owners to report lost or stolen guns. Yet, the resolution could not provide the teeth that the proposed ordinance would.

“The city is moving in the right direction in conjunction with the gun buy-back and all the other things that we’re going to throw in place,” said Kirkland. “I think Chester is going to be a safer city once we have all these things. I want to applaud (the) mayor and council for working collectively and making sure we put ordinances and laws in place that will deter criminals from acting out.”

Kirkland’s opponent in his bid for re-election, Republican the Rev. William “Rocky” Brown, also supported the ordinance.

“I commend council for moving forward,” Brown said in a telephone interview. “That’s just the start of many things that need to be done, not just across the community, but across the state.”

Kirkland referenced the city’s “Guns For Goods” initiative, which awarded residents with ShopRite gift cards in exchange for guns. The event took place Saturday and brought in 290 weapons, including a Tec-9 machine gun.

Councilman John Linder said he was amazed at the number of guns the police collected, saying he didn’t expect such a high count.

“I think it was a great success as it took a lot of guns off the street,” Linder said. “It was an enlightening experience for me. … We’re really going to be successful in the long run in eradicating this from our community.”

Butler reiterated that he deemed the event a success the moment he heard the Tec-9 had been submitted.

“Just that alone, if that was the only gun I got, I would have been happy,” Butler had said at the opening of a police substation at Widener University Monday. “Just in the wrong hands, if somebody pulled that trigger, you could injure dozens of people in one burst. Just to have that, I was ecstatic.”

Butler will make the ninth stop on his Mayor’s Night Out anti-violence tour at 5:30 tonight at Third and Pennell streets, a stone’s throw from the site of the first shooting after the expiration of the state of emergency last month.

Since the state of emergency was lifted July 23, the city has suffered two homicides, bringing its yearly total to 15.

The city has taken several measures to eliminate the violence since the state of emergency, including the gun buy-back program, the lost- and stolen-gun resolution and the new substation at Widener, which provided Chester police two additional officers and another police vehicle, though that was in the works for several years.

Picture of the dreaded machine gun, capable of injuring dozens with one pull of the trigger:





I wouldn't put it past them to plan for / hire someone to "turn in" a Tec-9 just so they can take that photo and use it as proof that "the buyback worked".