Phila. man gets 17 to 34 years

[WhiteFeather]

The court may have used part of HB 1845 passed in last session now know as Act 131 in its sentance guidelines for shooting at police to impose this 17 to 34 year sentance.

http://www.philly.com/philly/news/local/37757774.html

Phila. man gets 17 to 34 years

To Germantown's Issa Benoit, it's a case of mistaken identity.
To undercover narcotics officers Sean Devlin and Joseph Domico, Benoit was the brazen street-corner drug seller who walked over to the unmarked police van where they were hiding, insulted them, and then fired a shot through the driver's side window, narrowly missing Devlin.

Yesterday, Benoit, 28, who insisted to the end that he was innocent even after a Philadelphia jury had determined he was the shooter, was sentenced to 17 to 34 years in prison by Common Pleas Court Judge Glynnis D. Hill.

"There is no way, shape or form that I would condone violence or acts of violence," Benoit told the judge. "I would just like to be able to raise my children."

Defense attorney Daniel McGarrigle argued for a prison term within the mandatory five to 10 years recommended by state sentencing guidelines for Benoit's conviction on attempted murder, aggravated assault, and a series of firearms counts.

McGarrigle said Benoit had only a minor criminal record and has always maintained his innocence: "You must sentence this defendant at this time. This is not a referendum on gun violence in the city of Philadelphia."

But the epidemic of violence that claimed five police officers since November 2007 was very much on the minds of the judge and others.

Assistant District Attorney Richard Boyd argued for a prison term of 25 to 50 years in prison, noting that Devlin, like Benoit, has two children and is a citizen of Philadelphia.

Though the judge did not concur with Boyd's recommendation, he said he could not ignore the level of gun violence that has plagued Philadelphia.

"I don't know what could have compelled you to do what you did," Hill told Benoit.

"The perils officers face are much different now," Hill added.

According to trial testimony, Devlin, 34, and Domico, 33, both 12-year veterans of the police department, were on plainclothes drug surveillance about 9:45 p.m. Feb. 22, 2007, in the 100 block of West Apsley Street, near SEPTA's Wayne Junction rail station.

The officers testified that they were watching Benoit selling drugs when Benoit turned, walked toward the van, and stopped at the driver's door.

Benoit, the officers said, insulted them: "I see you're in there . . . You want a bang?"

Benoit then fired a .357 seven-shot revolver once at the van; the officers said the bullet struck the door frame, shattered the window, and whizzed by Devlin's head.

"He aimed a high-powered handgun at me," Devlin told the judge yesterday. "I can still see that gun and that muzzle flash."

Devlin said the shooter fled, but Domico identified him and Benoit was arrested several days later. He was convicted at trial in October.

Among the spectators at yesterday's hearing was State Rep. Dennis M. O'Brien, a Northeast Republican and former House speaker who said he was a friend of Devlin and his family.

O'Brien, who was a co-sponsor of the law enacted last year imposing a mandatory 20-year prison term on anyone convicted of shooting at a police officer, said after the hearing that he was there to support Devlin and Domico.

O'Brien also urged other citizens to join him to "change the culture" that he said encourages violence against police, much as Mothers Against Drunk Driving changed the culture that tolerated driving under the influence of alcohol.

"I want to motivate others to pack these courtrooms and say we are not going to tolerate this," O'Brien added.

[Story]

a .357 seven-shot revolver?

[Seventy4Blazer]

a .357 seven-shot revolver?

Yup. i have my eyes on one myself, but for CC, not for gang banging.

maybe the guy is inocent, maybe he isnt.

if he isnt, i hope it gets straightened out, if he is, i hope he doenst get off on good behavior...

[JoeWilliams]

a .357 seven-shot revolver?

Yes, available from both S&W and Taurus.

Not to mention S&W has an 8 shot revolver on the market, not sure if anyone else does.

[WhiteFeather]

Everyone always say how the Feds are more stiffer in gun law violations / punishments how about this NJ story with its weak guns laws and tough on crime rethoric.

http://www.nj.com/south/index.ssf/20...to_42_mon.html

Sewell man sentenced to 42 months in prison for illegal weapon possession

CAMDEN -- A 22-year-old Sewell man was sentenced to three-and-one-half years in prison today following his conviction as a previously convicted felon in possession of a firearm, according to the U.S. Attorney's Office.

Nestor Cercet was sentenced to 42 months in prison, ordered to pay a $1,000 fine and sentenced to three years supervised release stemming from an incident on July 25, 2007 where Cercet was arrested at a McDonald's on Blackwood-Clementon Rd. in Gloucester Twp. for attempting to assault a man with a .45 caliber handgun.

Cercet admitted to illegally possessing the firearm by being a previously convicted felon.