Judge: Blind killer gets his guns back

[SecularMotion]

Source: Orlando Sentinel

SANFORD – A judge today said he didn't like doing it but ordered two guns returned to John Wayne Rogers, a blind man acquitted last month of fatally shooting an overnight guest during a fight in his living room.

Rogers, 40, says he has a constitutional right to bear arms and that he needs them for protection.

He had been charged with first-degree murder but just before a jury began deliberations at his trial last month, Circuit Judge John Galluzzo granted his "stand your ground" motion, ending the trial and setting Rogers free.

Galluzzo ruled that Rogers had acted in self-defense on March 27, 2012, when he shot James DeWitt, 34, a friend who was spending the night.

Read more: http://www.orlandosentinel.com/news/local/breakingnews/os-blind-man-gun-hearing-20140220,0,2973261.story

[sinkingfeeling]

1. The Sunshine State is now the Insane State.

[bossy22]

5. what's insane?

Rights being restored to someone who was found not-guilty or a blind person owning a gun?

[LanternWaste]

9. Take your pick... the absurdity and the insanity is all around us

Or a teenager getting shot and killed for carrying Skittles. Or a teenager getting shot and killed for listening to music in parked car.

Take your pick... the absurdity and the insanity is all around us-- unless we simply decide to blind ourselves to it for the sake of the NRA.

[bossy22]

10. It isn't that insane if you actually look at the whole story

It's easy to say the situation is insane if you only read the headlines. You know all well and good that TM was not shot just because he was carrying skittles and that Dunn is still going to prison for a good amount of time for committing a terrible crime. I don't see how this equals insanity?

Also in this case, this man was found not guilty- why shouldn't he get his property back? Last time I checked not guilty means you committed no crime in the eyes of the law. Or is it that he is blind- and we all know we have to treat visually impaired adults like they are children

[mac56]

12. Trying to understand your point.

Saying that being able to see is a logical prerequisite for safely using a firearm is the same as - treating visually impaired adults as children?

[hack89]

15. He does have limited vision

apparently enough to aim and shoot someone.

[bossy22]

33. but no one said anything about using

the issue was simple possession. Blind people can own cars even though they aren't allowed to drive them

[mac56]

50. He used it.

If he just had it hanging on the wall for decoration, there wouldn't be an issue. But he used it shoot and kill a houseguest.

[Marrah_G]

61. He used it

[KamaAina]

24. You are absolutely correct

Trayvon was also carrying an Arizona iced tea.

[bossy22]

35. you forgot one key thing

trayvon got into a physical altercation with Zimmerman. What lead to the physical altercation is up for debate with many on DU using it as an outlet for a "rodney king do-over"

[KamaAina]

52. No, you forgot one key thing

your BFF Zimmy started it by chasing Trayvon for no reason other than the racial one.

[Marrah_G]

39. No one legally blind should own or handle a gun

[bossy22]

47. why?

should they not be allowed to have custody of children as well? Surely if they are unable to responsibly own a weapon they can't be expected to take on the responsibility of rearing a child. Do you think blind people are in capable of handling a weapon safely? are the unable to understand how their disability make affect the safe operation of the weapon? We allow blind people to own cars even if they can't drive them.

I can only gather from your statement that you believe blind people are in some way children. You and others with those ideas are the reason only 20% of visually impaired adults are employed in this country- adults that are completely normal except for their inability to see.

[cvoogt]

54. Umm

children and guns are not comparable. Although, children can go off at any time.

[Marrah_G]

56. Why not let blind people drive?

No biggy right? To say they can't is just being mean right?

~facepalm~

[NutmegYankee]

60. They can on private property

You only need a license to operate a motor vehicle on public roads. Nothing stops a blind person from owning a car. A few blind people have driven on public roads with special permission during a few experiments to test vehicles that gave audio signals for distance in front and rear. This testing is part of the self driving car efforts.

[mac56]

62. There are none so blind

as those who will not see.

[leftyohiolib]

2. who wants to vacation in florida, c'mon raise your hands

[jeff47]

3. Better not move your hands. They'll think you're reaching for a gun. (nt)

[leftyohiolib]

6. HA! fair enough

[Jefferson23]

7. lol

[LiberalElite]

43. Isn't it normal to be reaching for a gun? I mean

everybody does it these days.

[bossy22]

4. I'm not quite understanding this

if he has been acquitted I don't see the big deal- you don't lose rights when you are not convicted of a crime.

[savalez]

14. He wasn't acquitted.

Read the story.

[hack89]

16. He wasn't convicted either

the charges were dropped - which means the judge ruled that no crime was committed.

[Blue_Tires]

19. It's kind of a stretch to say with certainty that "no crime was committed"

But since the shooter is the one left alive to tell the story, that's all they have to go on...

[savalez]

23. Wasn't he drunk off his ass too?

I think this is the story where the two of them drank all night long and even went to the liquor store for more beer the morning of the shooting. Sheece.

[hack89]

29. Not in the eyes of the law

It's pretty black and white - there is no "kind of guilty" in the US legal system.

[Blue_Tires]

30. But the law isn't always properly applied in Florida, is it?

You know this as well as I do...

The "eyes of the law" are just as susceptible to error as human eyes...

[hack89]

31. Never said it was

But in this case there are no legal grounds to not return his guns. That is the black and white part of it.

[Blue_Tires]

32. You have a lot more faith in the legal system than I ever did...

I'll give you that...

[bossy22]

34. its not faith, its consistency

when someone is found not guilty, acquitted, or has the charges drop it means the same thing- that you have committed no crime in the eyes of the law. Does that mean you are truly innocent- no, but legally you are- and that is what matters in this case. The judge did the right thing, according to the law the man gets his guns back- would you have preferred the judge be arbitrary and say something like "I believe you are guilty no matter if the charges were dropped therefore i'm going to treat you as if you are guilty"? Is that really the best way to run a legal system?

[Blue_Tires]

36. "consistent" is the one thing the law isn't

I know "officially" the court accepted the shooter's recount of the events, here's your guns back, sir, blah blah blah; which is fine...I'm still allowed to harbor my doubts and skepticism, especially in light of Florida's questionable court rulings in some notable recent cases...

[bossy22]

44. doubts about the initial ruling- absolutely

but I'm not talking about the initial ruling. The question of giving the guns back is simply black or white- if he was found guilty he doesnt get them back, if he wasn't found guilty, he gets them back. He wasn't found guilty- even if it was only on a technicality of the law.

[hack89]

37. It beats giving judges and police discretionary powers

to take away people's property because they think you are guilty of something. I share your jaded view of law enforcement - limiting their power is important to me.

[Blue_Tires]

38. Police and judges already have discretionary powers

to take away people's property because they think you are guilty of something...It's just disproportionately applied to certain kinds of people....

Tulia or Ramparts or any number of other examples ring any bells?

[hack89]

40. So it was good that in this case the judge resisted temptation and did the right thing

Are you arguing that the judge should have cooked up a pretense to take away this man's guns?

[Blue_Tires]

41. No...I just want US to get equal fucking treatment

and benefit of the doubt our white counterparts get...Something Florida courts have been loath to do in recent times...

You of all people know this all too well...

[foo_bar]

49. "but the judge ordered the Seminole County Sheriff's Office to destroy the ammunition"

Help me understand: the "bullets...were unsafe" (mild understatement), so the judge seized them on public safety grounds? Is that even, like, allowed in America?

When deputies arrested Rogers, they also seized what they described as a pair of grenade launchers. Rogers today said they were really spent missile launchers, relics of a Gulf War.

http://www.orlandosentinel.com/news/local/breakingnews/os-blind-man-gun-hearing-20140220,0,2973261.story

I'm not a big killing-thing connoisseur, but is Gulf War materiel considered "relics" nowadays? Is it missing Facebook integration or something?

[davepc]

57. Probably old M72 LAW tubes.

Their not reloadable and it's impossible to fire another round out of a spent tube even if you had a rocket to go in it.

[NickB79]

17. He was found not guilty

Circuit Judge John Galluzzo granted his "stand your ground" motion, ending the trial and setting Rogers free.

[billh58]

21. Not exactly, as he was

allowed to invoke a stand-your-ground defense, and the charges were dropped. He was neither found guilty, or not guilty, because he was not charged for killing an unarmed man.

[NickB79]

25. Well, we do have that whole "innocent until proven guilty" thing

[bossy22]

45. being not charged is a good as a "not guilty"

in the eyes of the law.

[billh58]

46. Of course it is, but

if there are no charges, there can be no jury verdict.

[Jefferson23]

8. Why is it that more stories sound ripe to be written for The Onion, but when you click

on the link...it's true.

If this trend continues, I may become clickaphobic.

[billh58]

11. Sounds like a reasonable decision,

and now he can feel secure from thugs as he drives to his job as an air traffic controller.

[Vinca]

13. Thanks - I didn't think there was anything connected to this story that would make me smile.

[Paladin]

42. +100. (nt)

[NickB79]

18. A blind man protects himself from an attack in his own home

And we still have DU'ers who think he was in the wrong.

Amazing.

[Blue_Tires]

20. An "attack" from a friend who was invited to stay the night?

This wasn't some burglar, rapist or home invader...

[NickB79]

22. Domestic assault, perhaps?

Plenty of partners attack, even kill, their significant others.

Just because you invite someone into your home doesn't give them the right to start beating you up.

[Blue_Tires]

26. I'm not saying the guest has a right to beat up his host

I'm just saying with no other witnesses, the shooter can make up any story he damn well pleases...

And at least in MY life, even though I've had disputes/arguments/fights with friends or whatever, it has never gotten anywhere near the point where I wanted to shoot them...

I'm at least interested to know what the context was behind the altercation, and how long he had known this "friend"; along with the opinion of the victim's family...

[Niceguy1]

27. how is the opinion

Of the victims family relevant? They werent there. ....

[spin]

28. One interesting statement in the story was ...

The bullets were 40 years old, according to packaging materials, Galluzzo said, and were unsafe.
http://touch.orlandosentinel.com/#section/-1/article/p2p-79383151/

Ammunition stored properly can last far longer than 40 years.

In theory, the shelf life for modern ammunition is longer than we will ever live to see. Ammunition produced during WWII is still being used by U.S. combat troops in action today, and with modern advances in smokeless powder manufacturing the rate of degradation is much slower than it used to be. However, care should still be taken with older ammunition as smokeless powder does indeed degrade over time (however slowly).
http://www.thetruthaboutguns.com/2012/03/foghorn/ask-foghorn-shelf-life-for-military-surplus-ammunition/

[Loaded Liberal Dem]

48. Gawwwwwwwd Bless Uhmerca!

We are SO screwed.

[Warpy]

51. Florida or Texas?

I always ask that question and then scan to the address and I'm rarely disappointed by the story's origin.

Other states have tried to hop on the crazy train but Florida and Texas own it.

[JVS]

53. Near the end of the article

"An industrial accident left Roger legally blind in 2001 but he has some limited vision."

[LiberalElite]

55. Is his coming to retrieve

in his car?

[crim son]

58. The guy began punching Rogers,

so Rogers shot him. With an assault weapon. And some people here don't see the problem with his getting his gun back?

We are so screwed.

[hack89]

63. People do get killed or severely hurt by beatings

If his life was in danger then the shooting was justified.

[ileus]

59. Safety first...no reason to make him a victim

Just because he successfuly defended himself.

[Lost_Count]

64. What? You should only have one chance to defend yourself in your life?

One time use only?