imported post
Well, like his attorney said, the chance of a dismissal was about 0.03% so it's not a surprise. But when the judge started his decision it sounded like he got the lawful purpose statute as just examples, but it turned ugly when he said that count would go forward because of some contradictory testimony by the defendant so he wasn't sure. A good example of not talking to the police.
As for the concealed he did a 180 by saying that at first he thought it was open carry, then he looked up the words open, concealed, etc., and any pertinent law and felt that he wasn't sure so that count went through. He felt thatopen carry meant a holster outside the pants like "the wild west". He also pointed out that he felt the case law and the statute meant in regards to open vs concealed was that if a reasonable person sees the gun it's not concealed, but even thought the LEO saw the gun right away, the judge felt that LEO's are trained observers and are not average people and so he thought it should be up to a jury of ordinary people to decide if it was concealed or open.
Remember the judge has nothing to gain by dismissal and noting to lose by going forward.
Now the case goes to downtown Detroit with new judges and possibly a new prosecutor. With a jury pool of voting Detroiters.
