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Denver shooting highlights failures of CO gun laws, criminal justice system

March 23, 2023 by Cam Edwards Leave a Comment

The Democratic majority in Colorado’s legislature is considering an avalanche of gun control measures this year, including a ban on so-called assault weapons, raising the age to purchase any firearm from 18 to 21, waiting periods on gun sales, and expanding the state’s “red flag” law, just to name a few. Not only are these bills directed at the state’s legal gun owners, some Democrats are adding injury to insult by pushing legislation that would prevent police from making arrests when the suspected offense is a misdemeanor.

This tough-on-gun-owners/soft-on-crime approach isn’t a new development in the state. Since 2013 Colorado Democrats have passed a number of gun control measures like “universal” background checks, a ban on “large capacity” magazines, repealing the state’s firearm preemption law, and implementing Extreme Risk Protection Orders. All the while violent crime has continued to increase in many parts of the state, particular in Denver and suburbs like Aurora, and juvenile crime is increasing even faster than overall crime rates.

These failures were evident on Wednesday, when a 17-year-old on probation for illegally possessing a gun and one of those “large capacity” magazines shot and wounded two staffers at Denver’s East High School who were required to pat down the student every morning before he was allowed to enter the school.

Austin Lyle, 17, allegedly shot Eric Sinclair, dean of culture, and Jerald Mason, coordinator in restorative practice, at East High School in Denver, Colorado, on Wednesday morning.

Denver Police said that the shooting unfolded just before 10am while Lyle was undergoing a daily weapons search at the school.

During the search, staff members located a handgun and Lyle allegedly opened fire, striking the two faculty members before fleeing the scene.

Following an hours-long manhunt to track down the student, Lyle’s body was discovered in a wooded area.

Now, the teenager’s past brushes with the law have come to light, revealing that he was still on probation for possession of a ghost gun at the time of Wednesday’s shooting.

Law enforcement sources told CBS Colorado that the 17-year-old had been arrested back in 2021 for possession of a ghost gun and a high capacity magazine.

His arrest came when he was a student at Overland High School and some fellow students reported photos on social media showing Lyle with a gun, the sources said.

A search of the teenager’s home then uncovered the ghost gun and magazine. He was later expelled from the school and began attending East High School.

Even though it was already against the law for the teen to possess a firearm when he was busted back in 2021 there were almost no consequences for his illegal activity. Yes, he was expelled from his high school, but after receiving probation for that offense he was allowed to enroll at East High under several conditions, including those daily patdowns.

Colorado lawmakers certainly weren’t talking up the possibility of teenagers getting off scot-free if they were caught with a “large capacity” magazine when they approved their ban in 2013, and when the Denver City Council imposed its own local ban on “ghost guns” in 2022 they made it sound like it would be some valuable public safety tool; ignoring the fact that when teens are found in illegal possession of a firearm they’re apparently given a slap on the wrist before being sent on their way.

No, for as much as anti-gun politicians talk about the supposed need for all these new gun laws, once they’re on the books most of them are completely uninterested in how those laws are enforced in practice. In fact, their failures are generally used as an excuse to call for even more restrictions on the right to keep and bear arms, which is exactly what we’re seeing in Colorado right now. Ten years of continually adding to the state’s gun control laws hasn’t made Colorado a safer place, and as long as the Democratic majority in Denver keeps cracking down on legal gun owners while excusing away criminal activity this untenable reality is going to remain the status quo.

Filed Under: <![CDATA[Cam &amp; Co]]>, <![CDATA[Cam Edwards]]>, <![CDATA[Colorado]]>, <![CDATA[East High shooting]]>, <![CDATA[Gun Control]]>, <![CDATA[probation]]>, <![CDATA[Video]]>, Bearing Arms, News

Alleged Oakland gang member runs out of luck after 18 chances

March 18, 2023 by Cam Edwards Leave a Comment

California’s soft-on-crime policies were on full display in a federal courtroom earlier this month when a reputed Oakland gang member was handed a 33-month sentence for being a felon in possession of a firearm. Thanks to the state’s obsession with keeping inmates behind bars for as short a time as possible, the federal sentence of just under three years will likely result in more time served than the 15-year prison term imposed on Zayonta Casmire by the state of California back in 2016 on charges of conspiracy to commit attempted murder.

Casmire was paroled in 2019 from a 15-year state prison term for conspiracy to commit attempted murder. From his release date to the June arrest, he racked up 18 parole violations, prosecutors said in court records.

Casmire was part of a major 2013 prosecution targeting an Oakland-based gang, and in 2016 pleaded no contest to the conspiracy charge in exchange for the 15-year prison term. The case was based on a wiretap that allegedly captured plots to murder rivals by some of the 17 co-defendants.

A major prosecution that resulted in a relatively minor amount of time behind bars. Not only did Casmire serve less than four years of a 15-year sentence, he repeatedly violated the terms of his parole once he was let loose early; apparently without any consequence… at least until he was pulled over for a traffic stop last year.

California lawmakers are expected to approve legislation this session that would make it a crime for lawful gun owners who possess a valid carry license to exercise their right to bear arms in a host of publicly accessible places, and we’re probably going to see a half-doze other anti-2A bills signed into law by Gavin Newsom before the year is through. Meanwhile someone allegedly caught on a wiretap talking about killing gang rivals serves less than a third of his sentence, disregards the terms of his probation on eighteen different occasions over a three-year period, and manages to avoid being sent back to prison each and every single time.

Were it not for the fact that prosecutors kicked this case up to the U.S. Attorney’s office for federal charges, Casmire would almost certainly be looking at another plea bargain and his 19th slap on the wrist. Even in federal court Casmire managed to catch a break. While his attorneys sought a 24-month sentence prosecutors asked the judge to sentence Casmire to 40-months in prison; far less than the potential ten year term. The judge’s decision to give Casmire 33-months behind bars is another lucky break for him but he’ll at least have to serve the vast majority of his sentence before he’s eligible for early release, unlike his California sentences.

I wish I could say that Zayonta Cashmire’s experience in the criminal justice system is the exception and not the rule, but that’s not the case whether we’re talking about California or the court system in general. The vast majority of criminal cases result in plea deals, and while they can be an appropriate tool in some cases they can also be easily abused; leading to both overcharging as well as allowing serious offenders to escape real consequences for their crimes. California lawmakers’ obsession with treating violent criminals with more compassion and care than their victims has definitely made the problem worse, however, and unfortunately things aren’t going to get better until voters wise up. Given the lopsided majorities for Democrats in the state, I’m not holding my breath about that happening anytime soon.

Filed Under: <![CDATA[California]]>, <![CDATA[felon in possession soft-on-crime]]>, <![CDATA[gang member]]>, <![CDATA[Oakland]]>, <![CDATA[probation]]>, <![CDATA[Video]]>, Bearing Arms, News

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