Tuesday, March 15, 2011

Photo of Gun Leads Youth To Be Charged With Misdemeanor "Dangerous Possession of A Gun"

To follow up a previous post, Brandon Johnson, the youth involved in an alleged police beating, and who was recently arrested following a search warrant executed at the house where lives with his mother and brothers, has now had all charges (including one involving "gang activity") dropped except for one, "danagerous possession of a firearm."

The basis for this lone remaining charge?  A photograph of a gun found on Johnson's cell phone.  I kid you not.  The Marion County Prosecutor's office has filed a charge against Johnson that having possession of a picture of a gun is apparently the same thing as actually having a gun.

The prosecutor's office can't be serious.  The judge should immediately throw out the charge and hold the prosecutor's office in contempt for bringing such an obviously baseless charge.


Cato said...

I certainly hope that a photo of Marisa Tomei falls far short of the real thing, if you know what I mean.

Oh, I've got it: let's issue IMPD pictures of guns they they can put in their holsters. We can sell off all the cop guns and rake in some cash.

Cato said...

I can't stop laughing. Does Brandon need to appear in court, or can he just send a picture of himself that his attorney can set atop the defense table?

If he's ultimately convicted and sentenced, does he actually need to be present in jail, or can his attorney send that framed photo along for incarceration?

This nonsense is too funny.

Paul K. Ogden said...

It's actually pretty funnny were it not for the fact that charges are hanging over the young man's head.
What's next...people carrying around pictures of gun arrested for not having a license?

I expect that Abdul will now apologize to Brandon Johnson for assuming he had to have done something wrong because the police searched his house.

Paul K. Ogden said...

Cato, I love your suggestion about a picture appearance of the defendant in court.

Ben said...

Paul, I promise you that there is a lot more to this story, a lot more.You really need to check it out first.When you see the list of stuff that they found in the house you will change your tune.

Paul K. Ogden said...


I saw the list and wrote about it. It was an unimpressive list of stuff almost all of which wasn't illegal.

Here's what I said in an earlier post:

"Then you have a T-shirt and hooded sweatshirt with gang insignia, gang photos an paperwork and a wooden plaque with a gang symbol. It is not illegal to be in a gang nor is having items suggesting you are in a gang a crime. I feel fairly certain that any half-way experienced police officer would have known that, which makes it strange that Brandon Johnson was initially charged with felony gang activity, a charge the prosecutor's office now has to immediately and embarrassingly drop.

The only item in the house that was illegal (assuming it was the mother's gun) that was confiscated was the "undisclosed amount of marijuana."

I forgot to mention the police scanner. That's also not illegal.

But the bottom line is that he is charged for misdemeanor gun possession based on a picture of a gun on a cell phone. Unless that simply isn't true, the claim that there's more to the story doesn't matter. Having a picture of a gun is not "gun possession." That's utterly ridiculous.

The sad thing is that police officers obviously went too far and now the Marion County Prosecutor's Office has to file an embarassingly baseless charge to protect the officers from the harassment claim and civil suit that is undoubtedly coming.