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Thread: Marine Amputee Acquitted On Gun Possession Charges

  1. #1
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    Marine Amputee Acquitted On Gun Possession Charges

    After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center.

    In the 2006 incident, Cpl. Melroy H. Cort, 24, and his wife, Samantha, were en route from their home in Columbus, Ohio, to Walter Reed. Cort's legs had been amputated above the knees when he was wounded by a makeshift bomb in Ramadi during his third tour of duty in Iraq.

    The couple's car got a flat tire, forcing them to pull over at a car repair shop in the 5000 block of Georgia Avenue NW. While there, Cort said, he reached into the glove compartment, removed a 9mm pistol and put it in his jacket pocket.

    A witness who noticed Cort handling the gun called police, who arrested and handcuffed Cort while he was sitting in his wheelchair. He was charged with three counts of carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night in the D.C. jail before returning to Walter Reed.

    He was assigned a public defender, who encouraged him to plead guilty. But Cort refused, because a felony on his record could cost him his military benefits. So he decided to represent himself.

    "I had to fight for myself," he said yesterday. "I wasn't going to plead guilty and lose everything."

    During his trial, which began Friday before Judge Lynn Leibovitz, the two arresting officers testified that Cort had thrown up his hands and told them he had a gun in his pocket when they approached him.

    Cort, who said he had a permit to carry the gun in Ohio, said he had it with him because he had moved out of his house in anticipation of an extended stay at Walter Reed.

    He said his commanding officer had advised him to take the gun to the armory on Walter Reed's base as soon as he arrived.

    Cort said 12 rounds of ammunition were in his car trunk, but police said the ammunition was in the gun's clip.

    Although acquitting him of the gun charges, the jury found Cort guilty of possessing ammunition, a misdemeanor. He was sentenced to time already spent in the D.C. jail

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    What the hell is wrong with people? This guy is a hero veteran and he gets this treatment.

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    It's a misdemeanor to possess ammo? really? That's nuts.

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    Is this the type of case that should be taken to an appeals court? He does have a carry permit that is state issued. Or does he have to be convicted of the crime of possession?

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    tito887 wrote:
    Is this the type of case that should be taken to an appeals court? He does have a carry permit that is state issued. Or does he have to be convicted of the crime of possession?
    I think we are better off grinding our teeth at the prosecution's three trials and the conviction. Better than giving the government more opportunity to consider expanding its power into being able to overturn a jury verdict.

    Unless there was a procedural violation by the government, I'm guessing we're all better off letting this one lie, and continuingto work to recoverrights that were stolen.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    It should be a felony to be a politician, or a gun hating liberal who hides behind everyone else and depend on others for their protection and for their freedom--those "people" who think that by stripping the people of their rights and turning them into victims that they are making society safer should all be parachuted into Iraq or Waziristan along the Afghan/Pakistan border and given a gun and told to fight for their freedom and that a plane would be back in 18 months for them.

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    suntzu wrote:
    It should be a felony to be a politician.
    Fixed that for ya!



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    FOPA could apply, depending on the circumstances. He was en route from one location where he was authorized to have the gun (Ohio), to another (Walter Reed).

    FOPA wouldn't apply if the gun were loaded, but there are conflicting statements about that. There is also the question of it not being in a locked case short of the destination, which could be answered under the doctrine of competing harms: the risk of having it stolen from the car would be a greater harm than breaking the law against posession.



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    Tomahawk wrote:
    suntzu wrote:
    It should be a felony to be a politician.
    Fixed that for ya!

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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