Supreme Court Applies Same Penalty for Shooting

In 2004, Christopher Michael Dean tried to rob a bank in Rome, Georgia. He went to the bank with a loaded gun. While he was moving the gun from one hand to the other, it accidentally went off. The bullet did not strike anyone and nobody was hurt. Needless to say, Dean was not successful in his robbery attempt and was arrested by the police. Since he tried to rob a bank, he was prosecuted by the federal government. Federal law provides for an automatic 10 year prison penalty for firing a gun during a crime. Dean argued that since the gun went off accidentally, the automatic 10 year provision should not apply. The Supreme Court agreed with federal prosecutors by finding that federal law does not care if the gun was fired intentionally or went off by accident. The statute does not differentiate between accidental or intentional discharge of the firearm. In a statement from the bench, Chief Justice John Roberts said that if criminals want to avoid the penalty for accidental gunfire, they can "lock or unload the firearm, handle it with care during the underlying violent or drug trafficking crime, leave the gun at home or - best yet - avoid committing the felony in the first case."

This was a 7 to 2 decision. Justice Stevens and Breyer dissented arguing that Congress only meant for the intentional discharge of a firearm.

The case is Dean v. United States, 08-5274.

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Waukegan Clerk Shoots Robber - May Face Charges

On Monday night a 20 year old man walked into a Waukegan store with a gun and demanded money from the store clerk. The store clerk gave the gunman money and the gunman fled the store. The store clerk grabbed a gun under the counter, ran out the door and saw the gunman trying to get away on a bicycle. The clerk fired the gun and struck the gunman in the chest several times and in the leg. The gunman continued riding the bicycle a short distance and fell to the ground unconscious. The gunman was taken to a local hospital where he was pronounced dead. There was a second suspect that was apparently a lookout for the gunman. That second suspect tried to flee on foot and was struck by a car. The police are still searching for the second suspect.

The clerk apparently had a license to carry a firearm. However, police and the Lake County State's Attorney's Office are considering whether to file criminal charges against the store clerk. It is possible that the store clerk can be charged with murder or aggravated battery with a firearm for shooting the gunman after the gunman was leaving the store.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Would Be Robber Walks When Store Owner Fails to Show Up In Court

Earlier this year, Efrain S. Castanon walked into a Crystal Lake store with three other men armed with a gun and tied up the store owner, Rafael Diaz and his wife while robbing them. Rafael Diaz broke free from the restraints, retrieved a handgun he kept hidden in the store, and chased the robbers out the store firing shots in their direction as they fled down a busy Route 14. Two of the robbers fled and were never found. Efrain S. Castanon was found and charged with Attempted Armed Robbery, Attempted Aggravated Robbery and Attempted Robbery. These are all Class 1 felonies and he was facing up to 15 years in prison. Because Rafael Diaz fired a gun at the men as they fled down busy Route 14, Rafael Diaz was charged with Aggravated Battery with a Firearm, a felony that was more serious than the charges faced by Castanon. Diaz posted $10,000 in bond money and has not been seen since. The case was set for trial on Monday in McHenry County, and prosecutors were forced to reduce the charges faced by Castanon and he received probation. The prosecutors informed the Judge that Diaz had fled the jurisdiction and was unavailable to testify. There is an outstanding warrant for Rafael Diaz. Efrain Castanon is still locked up in the McHenry County Jail because of a hold by U.S. Immigration and Customs Enforcement.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.