Gun Sale Results in Charge of Involuntary Manslaughter

Have they lost their minds? Terry Walker sold a pistol to another
man. He did not insure that the buyer registered the pistol. How
could he force the buyer to do that? A different man used the
pistol five years later to kill someone. Walker is accused of
"unlawfully killing Wouters ...by failing to fully divest himself
of the weapon."

The article says "In addition to one count of involuntary
manslaughter, prosecutors brought an alternative charge: felon in
possession of a firearm. Because Walker was sentenced to

probation in August for felony embezzlement from his employer, he
should not have owned a gun."

Did you get that? Walker sold the pistol five years ago. He was
sentenced last August to probation for felony embezzlement. So
now he is charged with "felon in possession of a firearm" because
the buyer of a pistol which Walker sold more than four years
before his conviction failed to register the pistol.

Have they lost their minds? No, the powers that be simply want to
take from everyone the right to keep and bear arms. If they
violate constitutionally protected rights of the people now, what
do you suppose they might do if they succeeded in disarming the
people?

Gun registration historically always leads to gun confiscation.
Gun registration is unconstitutional because it infringes on the
right of the people to keep and bear arms, a right protected by
the Second Amendment to the United States Constitution.

Don't say "It can't happen here." It is already happening. We
need to elect patriots, beginning with local and state offices.

for Liberty (for all),
Bill Utterback

=======================================================================

http://www.freep.com/news/locmac/gun29_20001129.htm

Detroit Free Press

Gun owner held in death

Man accused of illegal sale in Warren
jail killing

November 29, 2000

BY KIM NORTH SHINE
FREE PRESS STAFF WRITER

Terry Walker was nearly 50 miles from the Warren
City Jail the night a drug suspect smuggled in a gun
and killed Warren Police Detective Christopher
Wouters, but authorities say Walker, as owner of
the weapon, is to blame for the killing.

During his arraignment Tuesday in Warren's 37th
District Court, Walker, 49, was charged with
involuntary manslaughter. He is accused of failing to
legally transfer ownership of his 9mm
semiautomatic. He was also arraigned on two
weapons charges.

Judge Walter Jakubowski read the counts that
accused Walker of "unlawfully killing Wouters ...by
failing to fully divest himself of the weapon."

Under the law, when a gun is transferred, be it sold,
loaned or given away, the new owner must register
the weapon in his or her name. The former owner
must make sure that is done. Walker apparently
didn't when he sold the gun five years ago, but that
hardly rises to the level of manslaughter, his family
said.

Walker, a restaurant cook from Capac in
Michigan's Thumb, was held in lieu of posting a
$250,000 cash bond. When he wasn't standing
before Jakubowski, he buried his face in his
handcuffed hands.

There's no proof that Walker knew or met Ljeka
Juncaj, the 29-year-old drug suspect who killed
Wouters, but he nonetheless is culpable, said Eric
Kaiser, chief trial attorney for the Macomb County
Prosecutor's Office.

It's also unlikely that Walker sold the gun to Juncaj,
Kaiser said.

But somehow, the chrome-plated gun landed in the
hands of Juncaj, who smuggled it, in his pants, into
the Warren police booking room after his Oct. 11
arrest. After killing Wouters, a 19-year veteran and
42-year-old father of three, Juncaj fatally shot
himself in the head while struggling with another
officer.

"It's not relevant if he knew him. He put the weapon
into the stream of use, so he is responsible," Kaiser
said. "If I have a stick of dynamite in a paper bag
and I hand it to you, it might be eight people later
before something happens. But it doesn't matter, the
damage has been done."

Walker's sister, Kay Fitch of Capac said police and
prosecutors are desperate for someone to blame.
An internal investigation by Warren police revealed
their officers forgot to search Juncaj.

"He sold the gun to a man in Capac. He trusted he
would do the right thing," Fitch said.

In addition to one count of involuntary
manslaughter, prosecutors brought an alternative
charge: felon in possession of a firearm.

Because Walker was sentenced to probation in
August for felony embezzlement from his employer,
he should not have owned a gun.

With the alternative charge, a jury -- if the case
should make it to trial -- will have the option of
convicting Walker of involuntary manslaughter, a
15-year felony, or of felon in possession, a 5-year
felony. If they convict him of both charges , the
judge is expected to sentence him based on the
more serious crime.

Walker is also facing a felony firearms charge,
which carries a mandatory 2-year penalty, upon
conviction. He has requested a court-appointed
attorney. His preliminary examination is set for Dec.
7.

Macomb County Prosecutor Carl Marlinga said
earlier that he wanted to bring charges to send a
message to gun owners that they will be held
responsible if their weapons are used to commit
crimes.

"Owning a gun is an awesome responsibility and
with it comes the duty to transfer ownership,"
Kaiser said.

Fitch said her brother, the son of the late Lewis
Walker, Capac's police chief for 17 years, would
agree. But he could not force the buyer to complete
the paperwork.

"We feel for the police officer's family," she said.
"But Terry would not sell to someone like this drug
dealer. Someone else did."

Contact KIM NORTH SHINE at 810-469-8085
or kshine@freepress.com.

*******************************************************************

Having been elected to the office of Marshal, I need to make this
disclaimer: Any opinions expressed in this message are personal
and private; they are not to be considered as the views or the
official policy of the municipal government of the City of
Bulverde Northwest, Texas.

A few times a week, on average, I forward messages that I
consider to be worthwhile. Occasionally I may be inspired to
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for Liberty (for all),
Bill Utterback
bill.utterback@unlimited-thought.com

-----

"Is life so dear, or peace so sweet, as to be purchased at the
price of chains or slavery? Forbid it, Almighty God! I know not
what course others may take but as for me: GIVE ME LIBERTY! or
give me death!"
Patrick Henry

"We have the greatest opportunity the world has ever seen, as long
as we remain honest -- which will be as long as we can keep the
attention of our people alive. If they once become inattentive to
public affairs, you and I, and Congress and Assemblies, judges and
governors would all become wolves."
Thomas Jefferson

"If a Nation expects to be ignorant and free in a state of
civilization, it expects what never was and never will be . . . If
we are to guard against ignorance and remain free, it is the
responsibility of every American to be informed."
Thomas Jefferson

"They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety."
Benjamin Franklin

"It does not require a majority to prevail, but rather an irate,
tireless minority keen to set brush fires in people's minds."
Samuel Adams

"It is not the function of our Government to keep the citizen from
falling into error; it is the function of the citizen to keep the
Government from falling into error."
U.S. Supreme Court in American Communications Association v. Douds,
339 U.S. 382,442

"In the beginning of a change, the patriot is a scarce and brave man,
hated and scorned. When his cause succeeds however, the timid join
him, for then it costs nothing to be a patriot."
Mark Twain

"We, the people are rightful masters of both Congress and the courts
— not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution."
Abraham Lincoln

"All laws which are repugnant to the Constitution are null and void."
Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

-----

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