MKEgal
Regular Member
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Brandon Mantych was stopped by West Allis Police while driving his personal vehicle and during the stop police found a handgun in the center console of his vehicle. He was cited for driving while intoxicated in addition to the charge of operating a firearm while intoxicated.
... he was above the legal limit of .08
... [the Horicon Chief] said he is conducting an internal investigation and Mantych is suspended with pay until the outcome of that investigation.
Ok I have to point out that everyone is missing the elephant in the room here. He was not operating a firearm while intoxicated, he was in possession of a firearm while intoxicated. All of you if should be having this guys back here on this charge. This charge needs to be defeated and set precedent that it is lawful to have a loaded weapon in your vehicle even if you are intoxicated. What if his wife was driving? Does he lose his right to defend himself because he had been drinking? Lets take it a step farther. What if he had been home drinking. police are called for a domestic. Drunk cop lets other cop in to the house and the officer finds a loaded firearm in his nightstand. -Possession of a firearm while intoxicated? By all means I hope he gets nailed for DUI but the gun charge needs to go.
941.20 Endangering safety by use of dangerous weapon.
_ (1) Whoever does any of the following is guilty of a Class A misdemeanor:
_ _ (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or
_ _ (b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or
...
939.22(10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
MKEgal said:Milwaukee County Case Number 2012CM004089
The online court case search only shows that he's been charged with
941.20(1)(b) Operate Firearm While Intoxicated
No mention of the DUI charge.
He wasn't kept in custody.
He has a $250 signature bond.
And there's no notation that he's in any way prevented or restricted from driving, alcohol, or firearms.
Under WI law they're the same thing.Elysium said:He was not operating a firearm while intoxicated, he was in possession of a firearm while intoxicated.
I've seen a judge refuse to return a pistol to someone who was convicted of DUI, when he had it unloaded & encased in the trunk. Not that I think it's right...set precedent that it is lawful to have a loaded weapon in your vehicle even if you are intoxicated
Then he probably wouldn't have been in possession, she would.What if his wife was driving?
I don't think there's ever been a case addressing that issue, but we've gone 'round about it in several threads here on OCDO.Does he lose his right to defend himself because he had been drinking?
If it were anyone but someone employed as a LEO, yes.Drunk cop lets other cop in to the house and the officer finds a loaded firearm in his nightstand.
Possession of a firearm while intoxicated?
Horicon Police officer faces OWI, endangering safety charges
Milwaukee County Case Number 2012CM004089
The online court case search only shows that he's been charged with
941.20(1)(b) Operate Firearm While Intoxicated
No mention of the DUI charge.
He wasn't kept in custody.
He has a $250 signature bond.
And there's no notation that he's in any way prevented or restricted from driving, alcohol, or firearms.