County drops homeowner's gun charges

WorldNetDaily ^ | February 7, 2004 | WND

[joesnuffy]

WEAPONS OF CHOICE County drops homeowner's gun charges 'We choose to prosecute the real criminal' - but village case remains

Posted: February 7, 2004 1:00 a.m. Eastern

© 2004 WorldNetDaily.com

County prosecutors took a slap at an Illinois town that bans handguns by dropping charges against a homeowner who protected his family by shooting an intruder.

Hale DeMar, 54, faces sanctions from Wilmette, near Chicago, but Cook County says it will not press charges for letting his state firearms registration lapse, the Chicago Tribune reported.

"We choose to prosecute the real criminal here, the person who broke into this house not once, but twice," said Assistant State's Atty. Steve Goebel, supervising prosecutor in the Skokie, Ill., courthouse.

DeMar wounded a burglar who entered his kitchen Dec. 29, shortly after saying good night to his children upstairs. But the Wilmette resident was charged with violating a local ordinance banning possession of handguns.

Police Chief George Carpenter said the outcome "was very fortunate for the homeowner" and advised residents who find themselves in a similar situation to immediately lock the door and dial 911.

But DeMar blasted local officials in a letter published by the Chicago Sun-Times: "Until you are shocked by a piercing alarm in the middle of the night and met in your kitchen by a masked invader as your children shudder in their beds, until you confront that very real nightmare, please don't suggest that some village trustee knows better and he/she can effectively task the police to protect your family from the miscreants that this society has produced."

DeMar had been charged by Cook County with failing to renew his state Firearms Owner's Identification Card when it expired in 1988, the Tribune said. He could have been fined up to $2,500 or sentenced to a year in jail.

"He purchased a gun legally," Goebel told the Tribune. "It was registered. What he failed to do was keep current [his FOI card], and we chose not to prosecute this memory lapse."

Prosecution, Goebel said, "would violate the spirit of the law and be a narrow-minded approach."

DeMar still faces sanctions from Wilmette for allegedly violating its handgun ban, which carries a fine of up to $750.

The resident's attorneys have filed a court challenge, arguing his constitutional privacy rights have been violated. A hearing is set for April 22.

Though the legal fees could end up costing him many times more than the fine, DeMar told the Chicago paper he is fighting the charge because officials are "usurping my right to defend my home."

"I don't think the municipality has a right to contravene my 2nd Amendment rights," he said.

Morio Billings, 31, is accused of entering the DeMar home twice within 24 hours. He allegedly crawled through a dog door in the garage then returned the next night with a stolen house key. Prosecutors say Billings crashed through the home's front window after he was shot then drove himself to the hospital in the family's SUV, which he had stolen the night before.

Billings previously had been arrested 30 times, according to DeMar.

DeMar, a restaurant owner, said in his letter to village officials, "If my actions have spared only one family from the distress and trauma that this habitual criminal has caused hundreds of others, then I have served my civic duty and taken one evil creature off of our streets, something that our impotent criminal justice system had failed to do, despite some thirty-odd arrests, plea bargains and suspended sentences.

Previous stories:

Prosecuted homeowner blasts officials

Angry citizens back man who shot intruder

Homeowner charged after shooting intruder

[joesnuffy]

Police Chief George Carpenter said the outcome "was very fortunate for the homeowner" and advised residents who find themselves in a similar situation to immediately lock the door and dial 911.

A little tough to do...there...chief'a rooney....when the potenetial rapists/murderer has already cut your phone line...and/or you are in a cell phone black out area...

[freedomluvr1778]

One for the good guys.

Maybe he will beat the fine too.

[Luke Skyfreeper]

"We choose to prosecute the real criminal here, the person who broke into this house not once, but twice," said Assistant State's Atty. Steve Goebel, supervising prosecutor in the Skokie, Ill., courthouse.

Gasp. A glimpse of reason in the state of Illinois???

[doodad]

Well I'll be danged. I still don't know how local ordinances can trump the Constitution. Good on that guy for telling the authorities how it is. Lock the door and call 911....sheesh.

[JesseHousman]

"If my actions have spared only one family from the distress and trauma that this habitual criminal has caused hundreds of others, then I have served my civic duty and taken one evil creature off of our streets, something that our impotent criminal justice system had failed to do, despite some thirty-odd arrests, plea bargains and suspended sentences."

Frame it!

[doodad]

Morio Billings, 31, is accused of entering the DeMar home twice within 24 hours. He allegedly crawled through a dog door in the garage then returned the next night with a stolen house key. Prosecutors say Billings crashed through the home's front window after he was shot then drove himself to the hospital in the family's SUV, which he had stolen the night before.

Not sure I understand all of this, but they guy had alot of nerve coming back.

[Timm]

Maybe he will beat the fine too.

I hope so. The fact that the village has to prosecute the case may help him. Presumably the village has to pony up for the prosecution. Little tyrannical municipalities are often long on snarl and short on dough. Good luck to this guy.

[Fixit]

Good News Bump!

[Lurker]

" I still don't know how local ordinances can trump the Constitution."

According to SCOTUS, they do.

L

[dts32041]

Nope a pol who wanted to keep his miserable job, Was listening to talk radio out of Chi town today, and they are upset that their hero mayor daley (notorious head of the daley crime family) is losing control and let a scandal bubble up that was directed against blacks and in favor of jesse jackson.

It use to the be the city that worked, now it is the city that is more corrupt than hot springs where the toon grew up.

[Oatka]

"We choose to prosecute the real criminal here, the person who broke into this house not once, but twice," . . .
and
Billings previously had been arrested 30 times, . . .

Prosecute the other "real criminals" -- the judges who released this guy not once, but twice times 15.

[Gritty]

Not sure I understand all of this, but they guy had alot of nerve coming back.

Not at all.

He had keys to the house, so could let himself in just like the owner. His error was an error in judgment by coming back so quickly or when the house was obviously occupied.

That is the main danger of having your purse and keys, or car and keys stolen. The robber has your home address and your keys. He doesn't have to "break in".

[RedMonqey]

"If my actions have spared only one family from the distress and trauma that this habitual criminal has caused hundreds of others, then I have served my civic duty and taken one evil creature off of our streets, something that our impotent criminal justice system had failed to do, despite some thirty-odd arrests, plea bargains and suspended sentences."


This sounds liks an EXCELENT CASE to take to the Courts and appeal up to the Supreme Court. Hopefully it will do away with alot of the gun control laws that do nothing but aid and abet criminals in their assault against innocent homeowners forced to live in the same neighborhoods as their attackers.

GO FOR IT!!!!

NRA, Are you listening?

[CurlyDave]

Though the legal fees could end up costing him many times more than the fine...

Is there a defense fund?

A few bucks each from gun owners across the country and this city may find itself outclassed...

[Geritol]

This is the one point that bothers me the most about this homeowner. I have no problem with hem protecting his family and property, if only he had actually taken steps to protect his family and property.

The breaker-in took keys to the house, and waited til the next night to use them. If this was my house, the keys would not have worked on those doors the next night!

He fails to fortify the house entrances. Instead, what does this guy do? The only thing he does is get his handgun. Not that I find the self arming wrong. But as the only prep, I find it totally inadequate. "They" have a key to the house, and may return in any number with any type of equipment or armament, and this guy assumes he can outdraw them all instead of taking steps to keep them out of the house.

In this case the outcome was about as good as could be hoped for, but the outcome was not a forgone conclusion.

[the invisib1e hand]

Prosecution, Goebel said, "would violate the spirit of the law and be a narrow-minded approach."

three years into the Bush administration and people growing their backbones again.

[Lancey Howard]

Gasp. A glimpse of reason in the state of Illinois???

No. Pure politics. A finger was held to the wind....

[TheEaglehasLanded]

Hale DeMar should get NRA Home Defense Award

[Lancey Howard]

The guy apparently chose not to cower in fear with his house all barricaded up. He was alert, and he was armed. It also seems, from the story, that he had "a piercing alarm in the middle of the night". Aside from demanding a police car parked out front, there's not much else the guy could do.

[hotshot]

I'd like to contribute also.

There are two ways to disarm us, one is to make it so everyone violates an obscure law and is persecuted for the violation. The second is make it illegal to use a actually use a legal device.