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Thread: Jury clears Locust Gap man

  1. #1
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    A jury of nine men and three women found Birster, 42, of Locust Gap, not guilty of two counts of making terroristic threats and charges of simple assault, recklessly endangering another person and disorderly conduct in Northumberland County Court Thursday. The jury deliberated for less than an hour before reaching a verdict in the case.

    In January 2007, Mount Carmel Township Police charged Birster after he allegedly walked along Route 901 with a shotgun, allegedly carrying the weapon in a threatening manner. Police were called in, believing Birster was holed up in his home. SWAT teams closed off the highway and a three-hour standoff between police and Birster at his home ensued.


    Officers used pepper spray canisters and stormed the house, but found no sign of Birster inside. After police cleared the scene, another 911 call came in, saying that he was back in the house. He was later taken into custody without incident.
    http://www.newsitem.com/articles/200...33778_top4.txt
    The defense called no witnesses in the case. Broda relied on only his closing argument to state his case.

    “In order to find a person guilty, the prosecution has to prove its case beyond a reasonable doubt, and that is not done here,” Broda told the jury. “There has been testimony that stated that my client was seen with a gun, but no one saw it being loaded, and never saw him leave the home. Mr. Furman testified that he saw a person on the roadway, but didn’t say it was Birster, and the gun wasn’t pointed at him, just the truck. He never communicated a threat to anyone.”


  2. #2
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    i guess he's lucky he didn't have a dumb jury.

  3. #3
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    IMHO a lot of these cases of the police over-reacting stem from the killing of the Amish school children. It is a shame.

    Ken

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