Dad who pluggedprowler spurns deal

New York Daily News ^ | 4/08/03 | NANCIE L. KATZ

[kattracks]

A Navy veteran who shot an intruder in his toddler's bedroom decided against pleading guilty to a gun charge yesterday. Ronald Dixon rejected a deal that would have spared him from having to do jail time because he does not want a criminal record, his new attorney said.

Brooklyn District Attorney Charles Hynes initially charged Dixon, 27, with possessing an illegal weapon - an unregistered pistol - after he shot a career burglar he found prowling in his Canarsie home on Dec. 14.

Last month, Hynes reduced the charges to misdemeanor attempted weapon possession, which carries a maximum 90-day jail term. Hynes said he would only ask Dixon to serve four weekends in jail in exchange for a guilty plea.

Criminal Court Judge Alvin Yearwood changed that deal to a year's probation.

"After the people reduced the charges, this was put on for possible disposition," Yearwood told Dixon and his new attorney, Joseph Mure, yesterday. But the Jamaican immigrant declined the deal and left the courtroom without comment yesterday.

"That means he would have a criminal conviction, and that is a big concern to us," Mure said afterward.

Dixon gained widespread sympathy after he was charged with a crime. In a tearful interview, Dixon told the Daily News he could not afford to spend any time in jail because he was working seven days a week to support his family and pay his mortgage.

Originally published on April 8, 2003

[algol]

The constitution enumerates federal powers. Anything it is mute on is NOT a priori fair game for federal law.

Hence my comment about not unconstitutionally violating states' rights. But you're quite right, and I could have been more clear on that point.

[Dead Corpse]

Anyone who knows anything about airplanes should consider such prohibitions stupid as well.

Would 9-11 have happened if even 4-5 passangers on each airplane been armed?

[Dead Corpse]

Penetrating the hull isn't the problem. Penetrating someone other than the bad guy, or hitting fuel/electronics, IS the only problem.

Frangible "safety" ammo is exactly the way to go. For a discount on your ticket, please present a copy of your "shoot/don't shoot" firearms coures to your travel agent or at the ticket counter. (don't I wish that last aprt were true)

[SgtofMarines]

That depends on which passengers were armed. Or should I say better armed - and better trained.

[Joe Hadenuf]

Go for it.....I find this entire article offensive. This AH that offered weekends in jail to this citizen that protected himself and his family, ought to be jailed for even considering this......

And then deport his ass to Russia........

[Critter]

Would 9-11 have happened if even 4-5 passangers on each airplane been armed?

That is hard to say. The terrorists mighta had guns too, in that case. But, I would rather take my chances armed rather than disarmed. Better to have a slim chance than no chance. :)

[hattend]

Hello, jumping in late here. OK... Federal aircraft and pilot licensing? - Air traffic control and flight rules? Do we also have a right to not have Federal Aviation Regulations imposed on us? They are legally equivalent to driving regs, but are federal.

Are they really equivalent to driving? You want 50 different sets of rules for air traffic control? That being said, the Constition doesn't speak to air traffic so the Feds are not prohibited from setting up the rules. Now, let's talk about the illegal search and siezure by the TSA at the airports...you may have something there.

[wku man]

"I see! That's brilliant. So in your opinion, each of us should decide which laws are stupid and disregard them. Right? Or are you the only one who knows which laws are stupid? Which laws that carry serious penalties for breaking them do you break?"

Well, I broke your state's stupid anti-gun laws myself a couple of years ago when I was forced to spend two months on a job in Newburgh. I brought my .45, and from the moment I pulled into that cesspool, I was happy I did. Even in New York, I'd rather be judged by 12 than carried by six.

Scouts Out! Cavalry Ho!

[Critter]

I'm in CT, a little hard for me to get it rolling, but I would come and try to bring like minded folks with me.

[eno_]

I think the answer is, basically, some things have become "federal" by force of habit.

Why do we have federal spectrum auctions (that turned out rather badly) when most wireless telephone base stations don't transmit for more than a few thousand feet? Is that "interstate commerce?" Is it federal just because the Founders didn't have cell phones? Or we don't trust Arkansans to understand the technology?

There are a LOT of things the FedGov does that it does not need to do, and that could be better done in a more devolved way. It isn't just a constitutional issue, but a practical one. But that shows the wisdom of the Founders: We would have been better off erring on the side of federalism and devolving power to the states and localities than we have been in the post New Deal world where the FedGov takes on every power it possibly can get away with.

[from occupied ga]

And then deport his ass to Russia

Like you think Russia is more repressive than NYC?

[SgtofMarines]

...the Constition doesn't speak to air traffic so the Feds are not prohibited from setting up the rules.

I must respectfully disagree. Because the Constitution doesn't speak to air traffic, the Feds are prohibited from "setting up the rules."

[hattend]

Now, let's talk about the illegal search and siezure by the TSA at the airports...you may have something there

Oh wait...air travel isn't a right and you know you may be searched by agreeing to fly on airlines, so I'll have to re-think my position here....Hmmmm.

Yep, I'll drive if at all possible.

[Joe Hadenuf]

Just slightly....

[ninenot]

so that there is no chance of penetrating the aircraft's hull. That is the only point I concede.

Don't concede that, either. All that "hull-puncture" stuff is foofoo dust. There's PLENTY of cabin pressure to go around, and at least 2 GE jet engines to provide it.

Really think a 9mm hole lets air out faster than 2 jets can pump it in??

[algol]

Federal aircraft and pilot licensing? - Air traffic control and flight rules?

Interstate commerce clause aside (although it certainly has some relevance here), there are also international treaties governing this stuff. This gives the Feds some authority in this domain. Airspace is kind of equivalent to "navigable waters".

I'm not sure what would happen if some state decided to regulate its federally uncontrolled airspace, though.

[Dead Corpse]

Better to have a slim chance than no chance. :)

I couldn't have said it better myself.

Such regulation on carry aboard aircraft should be left to the airline company. Let the free-market shake things out from there.

[Dead Corpse]

I must respectfully disagree. Because the Constitution doesn't speak to air traffic, the Feds are prohibited from "setting up the rules."

Exactly. Even then, there is a process for Amending the Constitution to GIVE the Feds such authorization. The fact that our government has chosen to dodge the Constitution, instead of following it, should speak volumes about the type of people we are putting in charge of the whole show.

[jmc813]

Thoughts?

[demosthenes the elder]

IF (admittedly: not likely) I were to attempt this stunt, I would do the following:
1. Load up with frangible, low grainage, low power rounds
2. Carry a copy of the US and GA State constitutions, with relevant sections highlighted for the hard of thinking
3. Carry the recipt for the ammo as well as relevant trade brochures and ballistics tests
4. Carry my proper ID and GA CCW permit
5. Get local media on-scene beforehand
6. If possible, get NRA/ILA involved beforehand
7. Have my LAWYER right-DAMN-there
8. very politely hand the documentation over to the gate guard in front of the cameras and gathered witnesses, very politely explain that this is a setup for a trial case to overturn a law he probably does not support (he's a Georgian, too, and this would be at the local (Valdosta) airport) and very politely wait to be cuffed or allowed to board.