Posted on 01/30/2015 10:20:23 AM PST by marktwain
More evidence has surfaced that California's Marin County Prosecutor, Ed Berberian, has a bias, perhaps even an obsession, against gun owners and self defense. Six months ago Dr. James Simon defended himself and his wife of 38 years from an aggressive driver who followed him to his home, drove his Mercedes part way into the Simon's garage to prevent the door from closing, and persisted in invading the home after two warning shots were fired. Doctor Simon shot the man and called the police.
Berberian prosecuted anyway. He has a history of aggressively prosecuting self defense cases, especially those who use guns, according to commenters from Marin County. From marinij.com:
In the other case I mention, a person was arrested after shooting a knife- wielding attacker who had broken into the victim's house through the window while the victim was on the phone with the 911 dispatcher. The victim had never committed a crime in their life and had a restraining order against the attacker. The victim had called the police many times about the attacker. The attacker got in through the broken window, lunged at the victim to wrest the gun away and was shot and killed. The victim was charged with murder by our Marin DA but the judge threw out the charge, so the DA is now pursuing manslaughter charges against the victim. The victim is still in jail after many months, awaiting trial, cannot afford the bail amount. I read in the IJ that the DA will push for 21 years prison time, because he used a gun. 21 years for defending yourself in your own home against an armed intruder while you are on the phone to 911? REALLY?!
“I’m very disappointed in the ruling. I think it sends the wrong message to the community. Since I have been DA, I have been extremely sensitive to the issue of gun violence. I don’t want that in our community. We have to have some community standards,” Berberian said.Dr. Simon has an extensive gun collection of over 50 firearms, mostly WWII collectibles and hunting guns. Such a collection could be worth tens of thousands of dollars. All of the guns were registered and legal under California's highly restrictive gun laws. Given Berberian's obsession with "gun violence", the possession of over 50 guns might subject Dr. Simon to more prosecutorial attention than otherwise. Berberian has gone so far as to encourage families to get rid of toy guns. From marinij.com:
Berberian is joining forces with the Center for Domestic Peace and Ben & Jerry's Ice Cream to encourage families to get rid of toy guns and violent video games.Berberian has pushed for legislation making it a crime to possess a toy gun that does not have an orange or red tip on the muzzle. From contrcostatimes.com:
Frustrated by the situation, Berberian called Assemblyman Marc Levine to see if there is a way to introduce legislation making it a misdemeanor offense to possess an altered toy gun.Berberian pushed for symbolic gun "buy back" turn-in programs that criminologists have repeatedly said have no measurable effect. Economist Steven D. Levitt of "Freakonomics" fame agrees that they are not effective in fighting crime. But they make strident political theater, screaming out the message: Guns Are Bad. Turn Them In! From nbcbayarea.com:
A second gun buyback event is scheduled for Monday at the Mill Valley Police Department, but Berberian said people surrendering guns there will be told they won't receive any money. The buyback is scheduled for 11 a.m. to 3 p.m..Berberian decided to act on his disappointment with the judges ruling in Dr. Simon's case. He convened a grand jury, and Dr. Simon faces another indictment before another judge today, 30 January. Berberian is personally prosecuting the case. From sfgate.com:
The case is being prosecuted personally by District Attorney Ed Berberian.Marin County has a low crime rate, so perhaps DA Berberian has a lot of time on his hands. Time he can use to push prosecutions of upstanding elderly doctors who defend their families. After all, it is not his money. And maybe, just maybe, he will be able to destroy a doctor's life and 50 some collectible guns. He has to send a "message". After all, its "for the children". No matter how many innocent lives have to be destroyed.
Prosecutors whose cases are dismissed at preliminary hearings can refile charges or take evidence to grand juries without violating defendants’ double-jeopardy rights, said legal analyst Steve Clark, a former Santa Clara County prosecutor who now works as a defense attorney.
“He gets one more bite at the apple,” Clark said.
But Clark added, “The question becomes, why are they doing it? Is it vindictive prosecution, that you’re sort of piling on a case that shouldn’t be done, or is there new or different information?”
They are not immune to having a burlap sack thrown over their heads and having their kneecaps struck 20 or 30 times with a baseball bat.
Tar and Feathers.
DA Berberian - out of touch, but not out of reach.
I have to agree with you. Does Barberian go after theives and felons that use illegal guns in the commission of their crimes? I don’t think so....
This guy would go absolutely insane with fear and rage if he just spent a Saturday at my house. There are so many sounds of gunshots from around the surrounding area(often I contribute to it as well), to him it would sound like a gang war zone. He would stay on the line with 911 reporting them all, trying to describe which mountain or direction the sounds came from. LOL
To people like him and many from the cities it’s a menace, to me it’s the sounds of freedom!
Someone needs to file a civil lawsuit against this guy for wrongful prosecution, or whatever they can for the overzealous/frivolous abuse of his authority! (leftist asshole)
Was it Seattle where a notoriously anti gun prosecutor was shot to death by a still unknown assailant? I seem to remember something about it.
Hope your well my friend.
Berberian is likely to be of Armenian descent. He must have forgotten the Turks disarmed the Armenians before they slaughtered them.
5.56mm
For your Reading and Opinion yldstrk.
That fanatical scowl looks positively Hitlerian.
Drunk with power.
Sounds like vexatious prosecution. Wonder how he could sue the barbarian.
Lew
I think tar and feathers is an appropriate response to this guy.
Then again, if you are a gun owner and still live in California...
Wonder if he was related to Cathy Berberian of Steely Dan “Your Gold Teeth” fame.
“Even Cathy Berberian knows / There’s one roulade she can’t sing.”
10.0...10.0!
It is a good thing that I do not live in Marin County, or even in California!
Voters keep putting people like the creature in charge.
Didn’t even bother to read the article (it’s Marin County).
I think we have all heard of jury nullification.
They are not immune from lawsuits either.
How is it a "buyback" when 1) the police never owned the guns in the first place and 2) you aren't paying anything for the guns?
He is exactly the kind of liberal who make liberals states hell holes and then moves to another state and proceeds to make it a copy of the one he left.
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