Page 1 of 2 12 LastLast
Results 1 to 25 of 40

Thread: No jail for Folklife shooter

  1. #1
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291

    Post imported post

    http://seattlepi.nwsource.com/local/...tml?source=rss

    No jail for Folklife shooter
    Plea deal mandates community supervision, accepts time served

    By LEVI PULKKINEN
    P-I REPORTER


    A Snohomish man charged in the shooting of two people at the Northwest Folklife Festival won't see further jail time for the incident.

    Clinton Chad Grainger, who spent 78 days in jail following the May 24 shooting, was sentenced to time served Friday after pleading guilty to two counts of third-degree assault.

    Grainger had initially faced a more serious second-degree assault charge, which could have carried a nearly four-year prison term. Prosecutors reduced the charges as part of a plea deal, granted in part because the shooting did not appear to have been intentional.

    In King County Superior Court, Grainger's attorney, Kearney Lee Hammer, told Judge Michael Trickey his client was "criminally negligent" to bring a loaded pistol to the Seattle Center festival. But Hammer disputed initial police accounts of the altercation.

    Grainger had become involved in a scuffle with an acquaintance at the festival, Hammer said. The second man lunged for a holster holding the weapon on Grainger's ankle in an attempt to seize the gun and use it against Grainger.

    The Glock pistol, Hammer said, discharged as the men wrestled with the gun. The round penetrated a man's wrist before lodging in a woman's leg. Neither victim was involved in the altercation.

    "For people who think they need a gun in a public place, they should have second thoughts," Hammer told Trickey.

    "No kidding," the judge answered, without humor.

    After an apology from Grainger, Trickey called the 22-year-old's decision to bring a gun to a crowded public gathering "a colossal lapse of judgment."

    Trickey then followed the agreed sentencing recommendation and placed Grainger on two years of community supervision. Grainger was also ordered to continue treatment for heroin addiction.

    At the hearing, Hammer disputed news reports that Grainger suffers from schizophrenia and should not have been issued the concealed pistol license he carried. Despite earlier statements to the contrary, prosecutors did not offer any evidence Friday that Grainger suffers from the mental illness.

    "He has never had any schizophrenia," Hammer said. "He was legally qualified to possess a firearm."

    The conviction, however, bars Grainger from carrying a gun in the future.

    The shooting prompted an effort by Mayor Greg Nickels to ban concealed firearms from city parks and facilities. The prohibition has not been enacted and no change in the law is before the City Council.
    P-I reporter Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com.

  2. #2
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291

    Post imported post

    Grainger's lawyer sure didn't help him by his comments.... I'd like to read the whole court transcript about the altercation. If the guy was defending himself why does he lose his right to carry?

  3. #3
    Regular Member MetalChris's Avatar
    Join Date
    Jul 2007
    Location
    SW Ohio
    Posts
    1,215

    Post imported post

    M1Gunr wrote:
    "For people who think they need a gun in a public place, they should have second thoughts," Hammer told Trickey.

    "No kidding," the judge answered, without humor.
    /gags

  4. #4
    Regular Member just_a_car's Avatar
    Join Date
    May 2007
    Location
    Auburn, Washington, USA
    Posts
    2,558

    Post imported post

    M1Gunr wrote:
    Grainger's lawyer sure didn't help him by his comments.... I'd like to read the whole court transcript about the altercation. If the guy was defending himself why does he lose his right to carry?
    +1.

    The account above even says that the other man lunged for the holster to use the gun against him. How is Grainger even being convicted, much less being forced into a plea??

    My guess? His lawyer was appointed to him and isn't sympathetic to the 2A cause... as is obvious from his ninny-nanny-state comments.
    B.S. Chemistry UofWA '09
    KF7GEA

  5. #5
    Regular Member
    Join Date
    May 2007
    Location
    Union, Washington, USA
    Posts
    3,256

    Post imported post

    Liberal justice in action, the guy is assaulted and has a gun grab and they charge him and not the ******* that started the whole affair. Real justice when the truely guilty guy walks and the victim is charged because he had a weapon. It's a shame what America's legal system has fallen too.

  6. #6
    State Researcher
    Join Date
    Aug 2007
    Location
    Olympia, WA, ,
    Posts
    3,201

    Post imported post

    Incredible. Just freaking incredible.

  7. #7
    Regular Member
    Join Date
    Aug 2008
    Location
    , ,
    Posts
    3

    Post imported post

    I wonder if they charged him with unlawful possession of a fire arm ? Technically the still could because folklife can be categorized under outdoor music festival.

    RCW 70.108.150
    Firearms -- Penalty.
    It shall be unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control any firearm while on the site of an outdoor music festival.

    Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than two hundred dollars or by imprisonment in the county jail for not less than ten days and not more than ninety days or by both such fine and imprisonment.

    [1972 ex.s. c 123 ยง 5.]


  8. #8
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Folklife is not an outdoor music festival. This requires a specific form of licensure under state law and Folklife doesn't qualify.

  9. #9
    Regular Member
    Join Date
    Aug 2008
    Location
    , ,
    Posts
    3

    Post imported post

    good to know

  10. #10
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Ok, so what will it take to get the court transcripts or the witness statements?

  11. #11
    Regular Member
    Join Date
    Apr 2007
    Location
    Kent, Washington, USA
    Posts
    116

    Post imported post

    Lonnie Wilson wrote:
    Ok, so what will it take to get the court transcripts or the witness statements?
    Just goto Court Clerks office ... There will be computers there for public use - Just write down the guys name, punch his name in it will then give case number, punch in case number and look for INFORMATION or PROBABLE CAUSE. .25 cents per page, Transcripts will cost ALOT unless you know specific day/time of what you want printed. Very simple to do

    Downtown Seattle or Regional Justice center Courts

    Seattle - 516 Third Avenue, Room E609 / Kent - 401 Fourth Avenue North, Room 2C

    http://www.metrokc.gov/kcscc/ecr/ecrwebinfopage.htm

  12. #12
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    I'll be making a jaunt down there Tuesday then.

  13. #13
    Regular Member
    Join Date
    Oct 2007
    Location
    Kingston, Washington, USA
    Posts
    343

    Post imported post

    +1 to what has been said here. The guy has a gun grab done on him and the Liar, er Lawyer and Judge both make anti-gun comments.

    This after a man who did not have a gun has been beaten to death while the police watched at another "festival".

    Incredible.

  14. #14
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Wheelgunner wrote:
    +1 to what has been said here. The guy has a gun grab done on him and the Liar, er Lawyer and Judge both make anti-gun comments.

    This after a man who did not have a gun has been beaten to death while the police watched at another "festival".

    Incredible.
    When? Bumbershoot?

  15. #15
    Regular Member j2l3's Avatar
    Join Date
    Aug 2007
    Location
    Seattle, Washington, USA
    Posts
    871

    Post imported post

    My guess would be Fat Tuesday several years ago when Chief Kerlikowsli was new to the department.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  16. #16
    Regular Member
    Join Date
    Oct 2007
    Location
    Kingston, Washington, USA
    Posts
    343

    Post imported post

    Yes, it was the Fat Tuesday thing. Disgusting. Let them beat you to death, just DON'T CARRY A FIREARM!!

  17. #17
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Ah, Christopher Kime.

  18. #18
    Regular Member
    Join Date
    Apr 2007
    Location
    Kent, Washington, USA
    Posts
    116

    Post imported post

    Looks like the guy didn't have bail money

    Got intimidated by Prosecution's initial charge (4 yr prison)

    Appointed a "public pretender" who told him "it's a good deal take it!" even though it could have easily been argued in Court.

    Typical slam dunk by Judge, Prosecutor, Public defender,







  19. #19
    Regular Member
    Join Date
    Jun 2008
    Location
    Spokane, Washington, USA
    Posts
    1,268

    Post imported post

    Ravenhawk wrote:
    Looks like the guy didn't have bail money

    Got intimidated by Prosecution's initial charge (4 yr prison)

    Appointed a "public pretender" who told him "it's a good deal take it!" even though it could have easily been argued in Court.

    Typical slam dunk by Judge, Prosecutor, Public defender
    I agree. I think this guy had bad legal advice and took the first plea that was laid out on the table for him. He was scared into it and didn't know any better. Screw the cost people, always get your own lawyer that you know will do what is best for you in your case.

  20. #20
    Regular Member
    Join Date
    Oct 2007
    Location
    Moscow, ID
    Posts
    384

    Post imported post

    FailAttorney
    FailJudge
    FailCity

    The attorney should be disbarred, the judge removed.

  21. #21
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291

    Post imported post

    Based only on what we have read in the article, what would it take to get this appealed and/or overturned ?

  22. #22
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Difficult if not impossible.

  23. #23
    Regular Member
    Join Date
    Oct 2007
    Location
    Wa, ,
    Posts
    2,769

    Post imported post

    There are several points that would have to be resolved:

    1. Incompetence by defense counsel (given by his actions)

    2. Failure to represent the client's best interest. ( also a given)

    3. Collusion with the court ( nearly impossible to prove)

    4. Bias on the part of the judiciary ( possible by statements made by the judge in the course of his personal life, but still very difficult. )

    5. Recant his "confession" ( difficult if not impossible after conviction)


  24. #24
    Regular Member
    Join Date
    Apr 2007
    Location
    Kent, Washington, USA
    Posts
    116

    Post imported post

    M1Gunr wrote:
    Based only on what we have read in the article, what would it take to get this appealed and/or overturned ?
    Most appeals are based of new evidence or objections that are on the record.

    In very rare cases an arrest of judgment can be filed.

  25. #25
    Regular Member
    Join Date
    Jul 2007
    Location
    Puyallup, Washington, USA
    Posts
    61

    Post imported post

    M1Gunr wrote:
    Grainger was also ordered to continue treatment for heroin addiction.
    Gotta play devils advocate here. Does this sentence raise any flags? It sounds like he was already on treatment for HEROIN, but they may have been treating him for the 78 days he was incarcerated. If he is a heroin addict, that kinda worries me, the same way a drunk with a firearm worries me. I know he had a permit, and that he had no intention of shooting anyone when he showed up, but there is no Tox-Screen mentioned in the article, so he was probably clean at the time of the shooting, but you puta gun in an addicts hands and you have... an armed addict. I don't feel any sympathy for him, sorry. I would like to see him get better council, and I know the system worked him over, but a heroin addict with a gun is a bad combination. Now, if I am out of line and he has been clean for years, so be it. One more issue, he was carrying a concealed weapon, and got into a scuffle, ok, could happen to anybody right? Here's my other problem, how did the gun get involved if he didn't attempt to draw it? It was on his ankle, thats pretty tough to notice, unless you know the weapon is there, which may have been the case as they called the aggressor an "acquaintance". But if I am concealed, nobody knows I am carrying, hence "concealed".If this has been covered already, let me know and I'll shut up.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •