Posted on 02/07/2013 4:58:36 AM PST by marktwain
Army veteran Nathan Haddad, who suffered a career-ending shoulder injury whilst trying to qualify for Special Forces, is facing a few other challenges. Five of them, to be precise: felony charges for possessing AR-15 magazines left over from his Army service. A politically ambitious and rabidly anti-veteran local prosecutor in New York State is pressing Haddad for a plea, threatening him with 35 years in prison for the magazines.
Ironically, one of the supposed motivators for New York’s politicians to pass such draconian anti-magazine laws was the use of an AR to murder two firemen. The murderer was no novice: he’d already served one term for bashing his grandmother to death with a claw hammer. One term? About typical for a murder before the very liberal judges in New York, the guy had been sentenced to 17 years, and was such a bad actor in prison that he did every minute (this is exceedingly rare).
Yes, you have that right: it’s twice as serious to possess empty magazines in the Red Queen’s state of New York, as it is actually up and kill somebody. Emily Miller of the Washington Times has some details:
Since 1994, magazines over 10 rounds have been illegal. This month, Gov. Andrew Cuomo signed legislation that makes any ammunition feeding device over 7 rounds illicit in New York.Mr. Haddad, who was medically discharged in 2010 after 12 years of service, was arrested when he was stopped by police on Jan. 6 in LeRay, NY. Through his brother Michael, Mr. Haddad declined to comment on the cause until after his Feb. 20 conference date to meet with the prosecutor and the judge.
According to Jefferson County Sheriff’s office sources, Mr. Haddad was in the parking lot of a closed business at 7:30 p.m. when an officer asked him what he was doing. The police allege that the Fort Drum civilian employee said that he was meeting someone to sell the AR-15 style rifle magazines.
This is obviously much more serious than murder. What sort of selfless civil servant would make this case a priority?
Kristyna S. Mills, the chief assistant district attorney for Jefferson County, is prosecuting the case. “It’s against the law to possess these types of devices,” she told me in an interview Friday. “He was arrested in accordance with possession of these devices, and it’s our job to prosecute those cases that run amok of the law.”
Now, that’s the magazine scofflaws she’s talking about. Murderers, she’s got 17 years for.
We bet the murderers are real glad they didn’t do something serious, like serve in the Army and have some leftover magazines.
The local paper also has some details:
Mr. Haddad was deployed four times during his decade in the Army, the Times reported in a story featuring him in September 2009. At that time, he was a staff sergeant with the 3rd Battalion, 85th Infantry, Warrior in Transition Unit at Fort Drum, undergoing aquatic physical therapy for an injury he suffered in South Korea during special forces training. He was discharged from the Army in October 2010, according to Fort Drum.
Disregard the “South Korea… special forces training…” bit, it’s an error.
Haddad also competed in the wounded-warrior Warrior Games while on active duty (even though his injury was a training injury, he’s still eligible).
Staff Sgt. Nathan Haddad is a well-traveled young man. He has completed tours in Korea, Iraq, Alaska, Arizona and New York. Most recently this Operation Iraqi Freedom Soldier’s travels have focused on training for the Warrior Games.“The Warrior Games are as close as I can get to fulfill a dream I have had since I was four,” said Staff Sgt. Haddad as he checked the tension on his bow. “And, the training and exercises are similar to that of the physical therapy that I do for my injuries.”
Staff Sgt. Haddad is scheduled to compete in archery (recurve open) and shooting (100M air rifle prone) at the Warrior Games. He is focused on his rigorous Warrior Games training routine. He devotes three hours daily to archery and three hours to marksmanship, usually followed by a run.
Remember, to Andrew Cuomo, Kristyna Mills, and the power elite of New York State, this guy is not only worse than a murderer, but judging from the threatened sentence, over twice as bad.
You can do something about it here: Nathan Haddad legal defense fund.
Nothing more than a political prisoner.
Yet one more attempt to show appeasement to the powers that be - that DA is setting off fireworks to get attention - like one poster suggested on the comments on the webpage - to seek future political office...and she will sink this Army vet to do it...
She’s scum - the state of NY is scum - and if it wasn’t for all the capitalism - would look like the 80’s movie with Snake Blitzkin running around...
If you like your rifles, magazines, and freedom - then move out of NY and send a message to those liberal states...
And he should counter sue for deprivation of rights under color of law using the Heller decision and the great words of our Founders.
Not that I think any judge in liberal NY would bite the hand that feeds it....
IMHO, it also shows the disdain most people have for ‘the Law’ when fines/punishments are so out of whack to the charge.
John Jay, the first Chief Justice of the U. S. Supreme Court stated in 1789: "The jury has the right to judge both the law as well as the fact in controversy." Samuel Chase, U. S. Supreme Court Justice and signer of the Declaration of Independence, said in 1796: "The jury has the right to determine both the law and the facts. " U. S. Supreme Court Justice Oliver Wendell Holmes said in 1902: "The jury has the power to bring a verdict in the teeth of both law and fact." Harlan F. Stone, the 12th Chief Justice of the U. S. Supreme Court, stated in 1941: "The law itself is on trial quite as much as the cause which is to be decided."
This sure does sound like a clear-cut case of prosecutorial misconduct. They should throw the DA in jail and throw away the key. She’s using this case as a ticket to move to Albany. What a miscarriage of justice.
I have been preaching this for 30 years, but a substantial majority of Americans are for the most part intellectually lazy, or just plain stupid.
BFL
It seems like he is the scapegoat they picked to frighten everyone else into obedience to a bad law.
One omission in the article is how much time he would have to serve on the plea bargain. Elsewhere it was suggested that they are so desperate to maintain this law that his choice is “30 days and disarmament for life (for a guilty plea) or 35 years in prison (getting out when he is 67 years old)”.
30 days and disarmed for life, or 35 years.
Personally, I would go for the 30 days, then move to a gun friendly state and ask *them* to restore my gun rights. New York would be apoplectic.
At this point I would go for the 35 years. As long as we are willing to play their game we will continue to lose.
That its a felony to have these magazines is outrageous.
Perhaps Upstate NY should become its own state.
Great summary - thanks for posting. I’d like to post this to my FR profile page, if that’s ok with you.
Unfortunately, you assume at some point, any point, in the process, there would be some semblance of justice involved.
There wouldn’t be.
This is how they have maintained all their blatantly unfair and unconstitutional laws over the years, of which gun control is just one.
He would be convicted, and would have to serve four years in prison at each level of the appellate process. Even to get to the lowest federal level would take a decade and cost upwards of a million dollars.
And their federal district judges are in on the deal, as likely is the three judge panel of the circuit court.
This honorable man deserves a life outside of prison, as an unjust captive of a corrupt system.
While yes, the battle must be joined against these forces of villainy, it should be done at a better time and place, not in the heart of darkness.
Have at it. I just copied it from Julian Heicklen (dope smoking libertarian - LOL).
GFY...
You’re right but until we are willing to break a few rules they will keep the steamrollers moving.
They think we’re suckers and I’m not sure they’re wrong.
Really? What does the Govt Fiscal Year have to do with a soldier getting screwed over by a state that has passed laws to counter mafias and drug lords - but actually turns on veterans and its residents...the people of NY should have the right to own what magazine they want — they aren’t the problem - it’s the liberals in office that tend to go after easy marks - like this soldier...I take it you are from NY and were offended when I stated people should move out - and they should - and take their tax revenue with them to another state that allows freedom of arms and magazines - one NY is left with “give me” crowd - who’s going to pay the govt bills then???
no, you called me scum, i told you to GFY...
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