The FBI is looking for a 17-year-old man who allegedly used an altered handgun in the murder of two Atlanta individuals.
Authorities are offering a $10,000 Crimestoppers reward for information leading to the arrest and conviction of a man who allegedly shot and killed 37-year-old Douglas Banks outside a library on Cleveland Ave. on May 6 and 17-year-old Kendarius Davis on Nov. 17 at an apartment complex on Mount Zion Rd. SE.
Investigators said the shooter used an illegal glock switch to turn his handgun into a fully automatic weapon, which the FBI says can shoot about 20 rounds in a second.
“They’re extremely dangerous,” FBI Acting Special Agent in Charge Sean Burke said of glock switches. “These weapons are very hard to shoot when they become converted to fully automatic. That has the strong propensity to have innocent victims be hit on top of the intended target.”
Possessing an Illegal Weapon
UCW (Unlawfully Carrying a Weapon) is probably the least of this young man’s worries at this point. Nevertheless, we’ll lead with this angle, especially since it involves possession of an altered item. Many people fall into this trap. A few minor modifications transform legal items into illegal ones.
Expired prescriptions and felons in possession of firearms are two of the most common examples. Even the most powerful painkillers, like ketamine and fentanyl, are legal to possess for medicinal purposes. But once the prescription expires, possession becomes a felony. Similarly, Georgia has some of the broadest gun possession laws in the country, unless the possessor had been convicted of a felony in Georgia or another state.
Many of these people consent to vehicle searchers, believing they have nothing to hide. Officers find the offending item and slap on the handcuffs. Nosy neighbors also call police in such situations. More on those semi-reliable tips below.
Regardless of the circumstances which led to an arrest, in court, the state must prove three elements to establish criminal possession:
- Close Proximity: If this element was the only element of criminal possession, the conviction rate would be near 100 percent. Georgia law broadly defines close proximity. For example, an item in a pickup truck bed is in close proximity to someone in the cab.
- Actual Knowledge: The next two elements are much harder to prove, starting with actual knowledge. If the item was concealed, as is usually the case, actual knowledge is almost impossible to prove, unless the defendant concealed it.
- Exclusive Control: If eight people in a circle are passing a joint at a party, police will most likely arrest all eight. But only the person holding the joint at the moment of arrest had exclusive control over that item.
A Marietta criminal defense lawyer need not disprove any one of these elements. Instead, a lawyer must only create a reasonable doubt, usually by presenting an alternative narrative.
The recent Brittney Griner saga is a good example. After her detention at a Russian airport, Griner claimed she didn’t know about marijuana vape canisters in her luggage. This defense could hold up in a Cobb County court, if a Marietta criminal defense lawyer introduced evidence, testimonial or otherwise, that corroborated her story.
Informer Tips
Illegal possession cases are usually legally weak because prosecutors have a hard time establishing all three necessary elements. Violent crime prosecutions that rely on informer tips often have technical issues.
Issues
Especially in Cobb County and nearby jurisdictions, informer tips often have reliability, availability, and/or admissibility issues.
Reliability is the biggest issue and is explored fully below. Reliability is not the same thing as accuracy. A blind squirrel occasionally finds a nut, but a blind squirrel is unreliable.
Additionally, in most cases, the tipster must be available for cross-examination. If a Marietta criminal defense lawyer cannot cross-examine a tipster, the court cannot accurately assess the tipster’s reliability, especially the tipster’s mixed motives.
Finally, the tipster must relate information that s/he saw or heard. Tips that contain hearsay (what someone else said) or opinions (I think s/he meant to say this) are inadmissible in court.
Crimestoppers
These tips are almost always unreliable, primarily because these tipsters normally don’t give their names or identify themselves in any other way. People usually want to remain anonymous for a reason.
Furthermore, Crimestoppers tipsters are often tattletales or greedy. Almost no Crimestoppers tipsters are in danger themselves. So, they report information to get someone else in trouble. That’s the same rule most parents use with their tattletale children. Alternatively, if money is at stake, many people will say almost anything to claim it.
Once again, the information that Crimestoppers tipsters provide is often accurate. But that accuracy doesn’t change the fact that the tipster was a blind squirrel.
Unendangered 9-1-1
Frequently, tattletales call 9-1-1 instead of Crimestoppers, probably because the number is easier to remember.
These tips have the same tattletale reliability issues mentioned above. However, the 9-1-1 system usually logs the caller’s name, location, and other information. Plus, the caller usually tells the 9-1-1 operator the circumstances of the call. So, an unendangered 9-1-1 tipster is a badly nearsighted squirrel.700
Endangered 9-1-1
To continue with the squirrel metaphor, an endangered 9-1-1 tipster is a slightly nearsighted squirrel. As mentioned, the 9-1-1 system, including the operator, collects reliability information. Additionally, when they speak in the heat of the moment (e.g. there’s an intruder in my house), people are less likely to invent details.
However, the trauma of the moment could have the opposite effect. Stress hormones cloud perception and judgment, which is one reason lineup identifications are usually suspect.
Official Information
Officer relayed information is solid goal, at least in terms of reliability. The information may not be accurate, because not all police officers are honest. But in the moment, a police officer’s word is solid.
If the officer is available for cross-examination, reliability is even stronger, because a Marietta criminal defense lawyer can question the witness. Since this approach is also possible in both kinds of 9-1-1 tips, the possibility of cross-examination bolsters their reliability as well.
Availability is also one possible reliability dark shadow. In 2022, the police officer turnover rate reached an all-time high. So, if a Marietta criminal defense lawyer delays the process, prosecutors may not be able to use one of their key witnesses at trial.
Possession and tip-supported charges are hard to prove in court. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
