Marine Amputee Acquitted On Gun Possession Charges

[WhiteFeather]

http://www.washingtonpost.com/wp-dyn...011302840.html

Marine Amputee Acquitted On Gun Possession Charges


After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center.

In the 2006 incident, Cpl. Melroy H. Cort, 24, and his wife, Samantha, were en route from their home in Columbus, Ohio, to Walter Reed. Cort's legs had been amputated above the knees when he was wounded by a makeshift bomb in Ramadi during his third tour of duty in Iraq.

The couple's car got a flat tire, forcing them to pull over at a car repair shop in the 5000 block of Georgia Avenue NW. While there, Cort said, he reached into the glove compartment, removed a 9mm pistol and put it in his jacket pocket.

A witness who noticed Cort handling the gun called police, who arrested and handcuffed Cort while he was sitting in his wheelchair. He was charged with three counts of carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night in the D.C. jail before returning to Walter Reed.

He was assigned a public defender, who encouraged him to plead guilty. But Cort refused, because a felony on his record could cost him his military benefits. So he decided to represent himself.

"I had to fight for myself," he said yesterday. "I wasn't going to plead guilty and lose everything."

During his trial, which began Friday before Judge Lynn Leibovitz, the two arresting officers testified that Cort had thrown up his hands and told them he had a gun in his pocket when they approached him.

Taking the stand in his defense, Cort tried to tell his personal story: How he enlisted in the Marines in 2004 after graduating from Ohio's Wright State University with a business degree. How he went to Iraq in 2004 and 2005, when he was was critically injured. How he was fitted with prosthetic legs and honorably discharged in 2007.

But Leibovitz ordered him to discuss only the case at hand.

Cort, who said he had a permit to carry the gun in Ohio, said he had it with him because he had moved out of his house in anticipation of an extended stay at Walter Reed.

He said his commanding officer had advised him to take the gun to the armory on Walter Reed's base as soon as he arrived.

Cort said 12 rounds of ammunition were in his car trunk, but police said the ammunition was in the gun's clip.

Although acquitting him of the gun charges, the jury found Cort guilty of possessing ammunition, a misdemeanor. He was sentenced to time already spent in the D.C. jail.

Cort, his wife and their 3-month-old daughter, Charlott, now plan to drive home to Columbus, where Samantha Cort is in real estate. Cort said he plans to appeal the verdict and tend to his family.

"I just plan to take care of my daughter," Cort said.

Support the troops, that paid the high price to support our Constitutional Rights except when its their firearm rights. Then throw the book at them when they run afoul of a law designed to stop criminals except there was no criminal intent, we still run them through the courts till they give up.

[jerkin]

At least the jury had a little common sense, unlike the DA. If he wouldn't have been a disabled Marine I'll bet the outcome would have been different though.

[Dave in PA]

"possesion of ammunition" Are you kidding me???????

[headcase]

Everyone involved in this travasty should have both their fucking lower limbs removed and spend 30 days in jail. Third goddamned tour? Lost both his legs serving this shell of a country? The DA and judge... Pieces of shit.

[Autonomous]

Everyone involved in this travasty should have both their fucking lower limbs removed and spend 30 days in jail. Third goddamned tour? Lost both his legs serving this shell of a country? The DA and judge... Pieces of shit.

Agreed....
Rep sent....
-A

[Kaos]

Wow...I don't know of (m)any pistols (mosin pistol) that take clips.

Ridiculous, if I were that judge I'd have shook his hand and told him to be on his way.

[adymond]

Everyone involved in this travasty should have both their fucking lower limbs removed and spend 30 days in jail. Third goddamned tour? Lost both his legs serving this shell of a country? The DA and judge... Pieces of shit.

Headcase I don't know that you have ever heard this nor will ever hear this again. You are being too lenient. The jury that did not refuse to even hear this fucking slap in the face of liberty of a trial for a fucking American Serviceman who has paid more for liberty in a foreign country than all but a handful of the fat lazy fucks of this country (myself included!) would even want to pay for our own fucking liberty. The DA, and judge should be fucking drawn and quartered in public for this. If the Framers were alive today I would bet money that one of them would challenge these two douche bags to a duel. The LEO should have refused to arrest the man. What the fuck were they thinking.

This story has me so fucking pissed.

[Neo31rex31]

Since when is possession of ammo a crime?

[WhiteFeather]

I am glad everyone is candy coating their feelings on this story, I been fuming about it since I read it…..

If any of you read my numerous posts about real violent criminals only getting a slap on the wrist for gun charges or being plea bargained away, how does a story like this compare to this guys?

This guy lost both of his legs in the service of his country and will probably live the rest of his life in a wheel chair. Look at the police officers that arrested him, they could have checked his story out and let him go with a harsh warning, could have just confiscated him firearm and let him go. The prosecutor could have checked this guy story out and did the same thing, or not prosecuted any charges they routinely do this with real criminals. Then look at the jury they deadlocked twice, any of them could have say NO WAY this is wrong, one of the problems we don’t have fully informed juries anymore that know their rights and responsibilities. Then the judge, not letting him tell his story why this guy wouldn’t have even be in DC except for medical treatment without the story of how he ended up there, as part of his defense.

EVERYONE here could have let this guy slid like they do with lots real criminals, but NO they had to make a example of a poor permanently disabled Veteran that paid with parts of his body the high cost of Freedom.

They all make me sick and embarrassed when these same people will say we got to support the troops, Except…...

Glad this guy took his own defense instead of listening to the public “so called” defenders advice…..plea guilt to a crime when there was no intent crime on this vet part…

Justice in the courts today is a sick perverted joke …… and the illusion of getting justice in the courts for the little person has all but disappeared.

There are numerous story of elected people breaking laws, for there own delf serving "good reasons" yet they routinely skate, they are not held accountable in the courts, because they are "somebody", when the final illusion of justice is gone in the courts, there will hell to pay, and a sad day for all of US.

Glad others on PAFOA feel the same way as I do of this travesty of in justice done to this veteran..
.

[Evolution]

Everyone involved in this travasty should have both their fucking lower limbs removed and spend 30 days in jail. Third goddamned tour? Lost both his legs serving this shell of a country? The DA and judge... Pieces of shit.

Can't say it any better myself!