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No jail for Folklife shooter

Bill Starks

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Dec 27, 2007
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http://seattlepi.nwsource.com/local/377123_folklife30.html?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.
 

Bill Starks

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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?
 

MetalChris

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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
 

just_a_car

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Auburn, Washington, USA
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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.:banghead:
 

Bear 45/70

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Liberal justice in action, the guy is assaulted and has a gun grab and they charge him and not the jackass 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.
 

Basenji

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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 § 5.]
 

Ravenhawk

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Kent, Washington, USA
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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
 

Wheelgunner

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+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.
 

Gray Peterson

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Lynnwood, Washington, USA
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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?
 

Ravenhawk

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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,



 

David.Car

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Spokane, Washington, USA
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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.
 
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