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Member Section => Down Range Cafe => Topic started by: Fatman on September 11, 2010, 08:18:49 AM

Title: Another judge trying to sabotage proper use of criminal gun laws
Post by: Fatman on September 11, 2010, 08:18:49 AM

Monroe County prosecutors appeal gun ruling in slain trooper case

By COLIN McEVOY
The Express-Times
September 11, 2010

Monroe County prosecutors have appealed a ruling that shot down their charges against Emily Gross, the woman accused of buying the gun that eventually killed state Trooper Joshua Miller.

But the Pennsylvania Superior Court may not render a decision on the appeal until as late as next summer, prosecutors said Friday.

Emily Gross, 25, allegedly purchased a gun for her boyfriend, Palmer Township resident Daniel Autenrieth, who was forbidden from having one by a court order.

Autenrieth used that gun to kill Miller on June 7, 2009, after kidnapping his 9-year-old son from his estranged wife and leading police on a car chase. Autenrieth was also shot and killed.

The Monroe County District's Attorney office charged Gross with criminal conspiracy and accomplice liability.

But in a July 15 ruling, Monroe County Judge Jennifer Sibum dismissed the charges, claiming they were filed in the wrong venue.

The gunfight that killed Miller and Autenrieth took place on Route 611 in Coolbaugh Township.

But Gross, of Westfield, N.J., purchased the gun at Cabela's outdoors store in Berks County, and was staying with Autenrieth at his home in Northampton County.

In her 24-page ruling, Sibum said charges should have been filed in one of those two counties, and that Monroe County prosecutors lacked jurisdiction.

A message to Gross' attorney, George Westervelt, was not returned Friday.

Monroe County District Attorney David Christine appealed Sibum's decision the day it was issued.

"The Commonwealth believes because Mr. Autenrieth continued his possession of the weapon given to him in Northampton County into Monroe County, that we have jurisdiction," he said Friday. "Judge Sibum disagrees. That leaves it to the Superior Court to decide."

But Christine said it typically takes a year from the date of the appeal before the Superior Court renders a verdict, meaning it might not be resolved until July 2011.

"It's not a short process," he said.

In addition to the jurisdiction question, Christine's appeal argues Sibum erred in dismissing the charges rather than transferring it to another county or venue.

Federal charges also have been filed against Gross. Although they relate to the same allegations, they are a separate matter and Sibum's verdict does not affect them, Christine said.

A Philadelphia hearing on the federal charges is currently scheduled for October, according to court documents.

Gross has previously claimed she didn't know a court order barred Autenrieth from owning a gun.

But prosecutors have argued she went to great lengths to get that weapon into his hands.

When she was told she would have to wait six months to purchase a gun, she changed her address to that of Autenrieth and bought a gun in Pennsylvania that day, prosecutors previously said.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: tt11758 on September 11, 2010, 09:01:26 PM

Quote

Monroe County prosecutors have appealed a ruling that shot down their charges against Emily Gross, the woman accused of buying the gun that eventually killed state Trooper Joshua Miller.

Am I the only one who gets a mental image of a gun wearing a denim vest and a do-rag, running through the streets, indiscriminately shooting innocent people who cross it's path?


Ok, once more for the criminally stupid.......................

Guns don't kill people, criminal assholes do!

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: JC5123 on September 11, 2010, 09:27:37 PM

Quote from: tt11758 on September 11, 2010, 09:01:26 PM

Am I the only one who gets a mental image of a gun wearing a denim vest and a do-rag, running through the streets, indiscriminately shooting innocent people who cross it's path?


Ok, once more for the criminally stupid.......................

Guns don't kill people, criminal assholes do!

Agreed.

However I don't disagree with the charges. Ignorance isn't a defense.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: m25operator on September 11, 2010, 10:35:28 PM

I am all about the 2A, and people being able to defend themselves, this was what looks like and I believe a straw purchase and the firearm ended up in the hands of someone, who had already proved himself unworthy,,, yet got a hold of a gun and used it to do homicide, I hate what is going to happen to the woman, but she did it, and therefore has to pay the price, hopefully she has learned her lesson and the court will have mercy, but I am not there, but the victims are, and the woman has to understand her part in what happened. The Ass wipe should have just stayed in jail, and then none of this would have happened, Wake up America.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: tombogan03884 on September 11, 2010, 11:46:55 PM

Sounds like a true evil (fairly blatant ) straw purchase to me. What's the problem ? Is this Judge so scared he won't handle it ?

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: TAB on September 12, 2010, 12:19:08 AM

I say throw the book at her.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: Fatman on September 12, 2010, 08:06:15 AM

Quote from: tombogan03884 on September 11, 2010, 11:46:55 PM

Sounds like a true evil (fairly blatant ) straw purchase to me. What's the problem ? Is this Judge so scared he won't handle it ?

A little more background on judge Jennifer Sibum - she ran as having a 'strong woman's issues' background.  I'm wondering if she's prejudiced towards thinking the woman who bought the pistol was a 'victim' of the guy who murdered Trooper Miller.

Also, note Trooper Miller was killed in the line of duty getting the kidnapped son of his murderer away from him.  Apparently the dirt bag kidnapped his son w/ intent of killing him to get even with the mother.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: TAB on September 12, 2010, 08:09:00 AM

Womens issuses huh.


I'd say if your a women with a man like that, you have issues.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: rat31465 on September 12, 2010, 09:40:29 AM

Starw Purchase=Illegal Purchase
Gross knew Autenrieth wasn't allowed under Penalty of Law to Purchase. Posses or have in his possesion a Firearm.  This makes her guilty.
Illegal is illegal....she broke the law just as assuredly as did he.


Oh guards...Prison Cell for two, preferably back in the corner somewhere out of the way.

Title: Re: Another judge trying to sabotage proper use of criminal gun laws
Post by: MikeBjerum on September 12, 2010, 01:30:31 PM

Quote from: rat31465 on September 12, 2010, 09:40:29 AM

Starw Purchase=Illegal Purchase
Gross knew Autenrieth wasn't allowed under Penalty of Law to Purchase. Posses or have in his possesion a Firearm.  This makes her guilty.
Illegal is illegal....she broke the law just as assuredly as did he.


Oh guards...Prison Cell for two, preferably back in the corner somewhere out of the way.

Right on!  If you believe that with our Rights comes responsibility, you must also accept the fact that she broke the law.  I would rather they crack down on her for doing this than to continue to erode the Rights of law abiding citizens.