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February 06, 2004

Will wonders never cease!

The state of Illinois has dropped charges against the man who shot an intruder who was invading his home.

Charges dropped in Wilmette gun case 'We choose to prosecute the real criminal'

By Dan Gibbard
Tribune staff reporter
Published February 6, 2004, 12:44 PM CST

In a slap at Wilmette village officials, Cook County prosecutors today announced they would not pursue charges against a homeowner, who shot and wounded an alleged home intruder, for letting his state firearms registration lapse.

"We choose to prosecute the real criminal here, the person who broke into this house not once, but twice," said Assistant State's Atty. Steve Goebel, supervising prosecutor in the Skokie courthouse.

I previously blogged on this here. So, I feel duty bound to bring it up that at least the State is actually coming out in the open and poking Wilmette officials in the eye, and not just ignoring the whole thing as they could have done.

Wilmette resident Hale DeMar had been charged with failing to renew his state Firearms Owner's Identification Card when it expired in 1988. Had DeMar been found guilty of the misdemeanor, he could have been fined up to $2,500 or sentenced to a year in jail.

"He purchased a gun legally. It was registered. What he failed to do was keep current (his FOI card), and we chose not to prosecute this memory lapse," Goebel said.

Prosecution, Goebel said, "would violate the spirit of the law and be a narrow-minded approach." He said his office decided not to pursue the case after conferring with Wilmette police, who brought the charge.

While I commend the language, Illinoisans are still at the whim of a state official who may twist with the prevailing winds. But for now, good on Mr. Goebel.

And, It's still not over.

The resident still faces village sanctions for having allegedly violated Wilmette's handgun ban. His attorneys have filed a court challenge to the ordinance, saying it violates their client's constitutional privacy rights. The next hearing in that case is set for April 22.

If convicted under the village ordinance, DeMar could be fined up to $750.

Let's pull for DeMar and hope he gets the ban overturned!

The whole article is here. Hat tip to fellow Twit Teresa for pointing it out!

John | Permalink | Comments (2) | Gun Rights
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