With the debate about gun rights following the Sandy Hook massacre, many pundits and politicians are blaming gun ownership itself as the culprit. State and national politicians are trying to ban guns and even promoting
There was a double-murder case in 1992 which resulted in a lawsuit filed by one of the victim's family members. The case is of particular interest because the appeals court held that the gun owner was not liable for the crime.
At 7 p.m. on Nov. 29, 1992, the Sunday after Thanksgiving, a brazen hooded gunman walked into Drake Diner in Des Moines, Iowa. The diner was near Drake University, where investors had tried to revitalize the blighted neighborhood.
The diner was full of customers as a black man with a gap in his teeth pushed his way to the front of the line wielding a stolen handgun, a rare "Grizzly .44 magnum." He grabbed manager Cara McGrane, 25, and shot her in the face as she screamed, killing her instantly. He then shot 28-year old manager Tim Burnett in the head, killing him also, and fled with some cash from the register. [The Record Herald published an excellent 'Special Report: The night that shook Des Moines' marking the twenty-year anniversary of the tragedy, last November.]
Detectives determined that the gun was one of only 450 sold in the world. They eventually tracked the weapon down and learned that it had been stolen from a home in Seattle, Washington. With the help of some additional leads, they arrested 17-year-old Joseph "Jo-Jo" White Jr. on December 5, 1992. He was charged with two counts of first-degree murder. White was convicted in May 1993 and sentenced to life in prison without parole. He actually escaped from custody while in transport to a Texas prison and was sent to federal prison in Colorado thereafter.
Thomas McGrane, the father of victim Cara McGrane, then filed a civil lawsuit against Roger and Ellizabeth Cline, original owners of the gun, despite the fact that Cline and his daughter testified against the killer at trial regarding the circumstances of the stolen gun, McGrane sought to hold the Clines "liable under the theories of vicarious liability or a breach of duty to the general public to secure one's firearm." He also named the killer, White, as a defendant. A November, 1995 Seattle Times article reported on the lawsuit:
Stolen Handgun Kills; Owner Is Sued - Legal Battle Escalates Over The Rights Of Firearms Owners.
McGRANE v. CLINE
Thomas McGRANE, Personal Representative of the Estate of Cara McGrane, Appellants, v. Roger Frank CLINE, Ellizabeth A. Cline, and their marital community; and Joseph Hodges White, Respondents.
March 29, 1999
Appellant is the estate of Cara McGrane, who was shot and killed during a robbery at a restaurant in Des Moines, Iowa. Respondents Roger and Elizabeth Cline had owned the firearm that Joe White used to kill Cara McGrane. White either stole the firearm from the Clines' residence or the Clines' 16-year-old daughter gave White the firearm without the consent of her parents. McGrane seeks to hold the Clines liable under the theories of vicarious liability or a breach of duty to the general public to secure one's firearm. The trial court dismissed McGrane's claims on summary judgment. Because the Clines did not breach any legally recognized duty to the general public, we affirm.
...Roger and Elizabeth Cline lived with their 16-year-old daughter Johanna in Fall City, Washington. When Roger and Elizabeth went away for the weekend they left Johanna, who was employed part-time, at home. They also left one of their firearms in their master bedroom, instead of locking it in a safe in the house. The master bedroom was located in a separate structure, a converted garage, and the Cline children (Johanna and her sister) were instructed not to enter the bedroom in the absence of their parents. The gun was left in a location known only to the parents. The children had been instructed never to touch guns. Before the weekend in question, the Cline residence had never been broken into or burglarized, nor had any of the firearms been stolen or tampered with. The Clines had a standing rule that the children were never to have guests at the house in their absence. Nevertheless, while the Clines were away, Johanna invited a girlfriend and two young men to the house. After the Clines returned, they discovered that the firearm, ammunition, and jewelry were missing from their bedroom. They promptly reported the theft to the police. McGrane theorizes that Johanna may have given the gun to her visitors, but she denies doing so.
Seven weeks later, one of the young men used the gun to kill Cara McGrane during the course of a robbery. After the killer was sentenced for the murder, Cara McGrane's estate brought this suit against Roger and Elizabeth Cline. On the Cline's motion, the trial court dismissed the suit. The estate appeals the summary judgment.
....McGrane contends that Roger Cline owed a legal duty to the general public to secure his firearm, and negligently breached that duty. ... The issues concerning responsible firearm ownership are the subject of much debate, in legislative halls and in society in general. The issues involved in this case implicate a narrow range of those issues: should the courts recognize a duty on the part of a firearm owner to prevent the theft of that firearm from his or her residence, such that liability may be imposed against the owner for subsequent criminal use of that weapon? Under the facts of this case, we decline to impose such a duty.
This case does not involve accidental injury to children who foreseeably may have unsupervised access to a firearm, nor does it involve facts which arguably might alert a reasonable firearm owner that unauthorized entry and theft were likely or even reasonably foreseeable occurrences.
We acknowledge that burglary is an all too common occurrence today, particularly in urban and suburban settings, and that firearms are frequently stolen during a burglary. But there are too many issues of legitimate public debate concerning the private ownership and storage of firearms for this court to impose potential liability upon firearm owners based solely upon factors of ownership, theft, and subsequent criminal use of a firearm. We believe that the proper arena to resolve issues of such competing societal interests is legislative rather than judicial.
McGrane also contends the Clines are vicariously liable for Johanna's actions. A principal may be vicariously liable for the unauthorized conduct of an agent who is acting on the principal's behalf. However, when an agent steps aside from a principal's purposes in order to pursue a personal objective of the agent, the principal is not liable. The Clines' daughter did not act on behalf of her parents by inviting unauthorized company to their residence. And, assuming that McGrane's surmisals rise to legitimate issues of facts, the daughter certainly would not have been acting on her parents' behalf by stealing or allowing the theft of their firearm and jewelry. There is no vicarious liability here.
The murderer later filed an appeal of his conviction, based partly on the fact that his defense counsel "audibly scoffed at the prosecutor's statements". White claimed that "a more appropriate response to the prosecutor's disparaging comments would be an objection, and counsel's failure to do so resulted in ineffective assistance of trial counsel." He also claimed "prosecutorial misconduct" and sought suppression of evidence, but all of his attempts were rejected. The ruling can be read in full here: Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge. Excerpt below.
In wake of the Sandy Hook shooting, establishment mouthpeices such as NPR are suggesting that gun owners should have to buy liability insurance, and the HuffingtonPost
complained that gun manufacturers aren't liable. As usual, they are way off target, along with all the politicians who seek to restrict unalienable gun rights.
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Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
Among recent visitors within the past two weeks to the LibertyFight.com archive of gun articles are the official ISPs of the United States Senate, U.S. Department of Justice, Department of Homeland Security, New York Police Department, City of New York, City of Rochester, Navy Network Information Center, U.S. Army Intelligence, The State of California, Nassau County NY, Ulster County NY, New York State Troopers, New York State Unified Court System, U.S. Department of Defense, Village of Harrison New York, the California Highway Patrol, California Peace Officers Association, the Federal Reserve Bank in Richmond, VA, and countless more.
LATEST ON THE JACK YANTIS CASE FROM LibertyFight.com:
The local Adams County, Idaho Sheriff Ryan Zollman, whose officers slaughtered Yantis, in the past has tried to portray himself as a 'patriot' pro 2nd Amendment type. But you can be the judge on this one.
Sent: Sun 11/15/2015 6:39 AM
Hello Sheriff Zollman. I know you were asked at the town meeting last Tuesday if your deputies were trained by the Dept. of Homeland Security, to which you replied "NO."
Can I ask why you replied no, when all there are countless records in the official Adams County meeting minutes, not to mention reports in your town's local newspaper archives, outlining your DHS Grants, DHS funding, DHS classes for your deputies, which are required for you to get the grant money, forms to be filled out confirming that your deputies completed the DHS courses, DHS classes both online and in person, active shooter training classes paid for by DHS for your deputies, etc., etc.
Why did you answer NO to that question? If federal grant $$$ and federalized police training is so great, why deny it is occurring in your department?
A MESSAGE FROM LibertyFight.com: We are praying for the family of Jack Yantis and for his soul, may he rest in peace. This is a beautiful song called 'Blessed Are They.' Please also pray for the people who committed this atrocious killing, and for the people responsible for enacting justice in this matter.
"Blest are they, full of sorrow, they shall be consoled."
"Blessed are they who hunger and thirst for righteousness, for they will be satisfied." Matthew 5:6
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I have almost 9 million views on my youtube channel. But this video, with only 6,400 views, is still my absolute favorite. Be sure to watch this powerful video of a man who was shot by cops, charged with attempted murder of a police officer, spent 2 years in prison and was aquitted of all charges by a jury of 12, without a lawyer, representing himself! His webpage is here: "Shot In Reverse, Saved By God": The Vincent Arias Story
"Try to learn what is pleasing to the Lord. Take no part in the fruitless works of darkness; rather expose them, for it is shameful even to mention the things done by them in secret; but everything exposed by the light becomes visible, for everything that becomes visible is light. Ephesians 5:10-13
ABC7 TV Eyewitness News reporter asked about the 'Dancing Israelis' "I'm not big on 'ambush journalism' and that's not what this was, but when a local KABC TV news crew interviewed me about a local jewelry store crash & grab heist near Los Angeles, I thought I'd have some fun with it. So after their interview I conducted a brief interview of my own, and asked the reporter if he ever heard of another group of bandits who were the only people arrested in New York City on September 11, 2001: The Dancing Israelis!
The ABC7 reporter was Q McCray; a nice professional gentleman. He's described on their website as "a general assignment reporter for ABC7 Eyewitness News." This question about the dancing Israelis was not to disparage him, but rather to illustrate two things: 1. that not many people may even know about these facts, including the people that the public supposedly gets its' important news from; and two, that we can keep these important issues in the public arena, even 14 years later."
Glassy-Eyed Dimwit Ben Carson Dons The Beanie 10/28/15 In case you missed it, Dr. Ben "No American should be Allowed to Have A Semi-Automatic Weapon" Carson paid his obligatory visit to the 'Wailing Wall' wearing his yarmulke. Carson, the dim-witted glassy-eyed Israeli shill, has also said that the millions of illegal aliens "uh, they could stay." He's also said "Al Sharpton and I Have the Same Goals." I am not kidding he actually has said all of those things. He just changed his party affiliation to Republican six months prior to running for president.
Glassy-Eyed Dimwit Ben Carson Dons The Beanie 10/28/15 - In case you missed it, Dr. Ben "No American should be Allowed to Have A Semi-Automatic Weapon" Carson paid his obligatory visit to the 'Wailing Wall' wearing his yarmulke. Carson, the dim-witted glassey-eyed Irsaeli shill, has also said that the mllions of illegal aliens "uh, they could stay." He's also said "Al Sharpton and I Have the Same Goals." I am not kidding he actually has said all of those things. He just changed his party affiliation to Republican six months prior to running for president.
The Ron Paul Bumper Sticker Is Still On My Car (Tearjerker tribute vid ;-)
Just for fun. This is a vid I made in 2008 after his campaign ended."remember the good times. A tribute to Dr. Paul and all his supporters who fight for freedom. Keep up the good work everyone!"
Several people at the time told me that this made them cry. ;-)
(BEAUTIFUL LOSER/ I WILL REMEMBER YOU')
[The background story of the video, and my introduction to Ron Paul (from my dad when I was a kid) , along with my dad and my trip to the first Ron Paul meet-up in Pasadena, California - a meeting which was featured in the New York Times (they falsely mis-characterized the entire meeting by the way, and claimed that there were a bunch of jew haters there when none of that is true! No one even mentoned Jews at that meeting.) is here.
My Visit To The Memorial to the "Up To Six Million" Murdered Jews of Europe - Berlin, Germany 8/23/15
This "highly visible" holocaust memorial is appropriately sandwiched between the infamous Reichstag Building, The U.S. Embassy, and the Homosexual Memorial Museum. The placard in the video states, in part, "In August 1988, the journalist Lea Rosh and the historian Eberhard Jackel made a public proposal for establishing a "highly visible memorial for the murdered Jews of Europe" in Berlin. On 25 June 1999, after long and drawn out debates, the German Bundestag finally passed a resolution to build a "Memorial to the Murdered Jews of Europe" based on the design by the New York architect, Peter Eisenman. On 10 May 2005 the Holocaust Memorial - comprising 2,711 concrete stelar and a subterraneon Information Centre - was officially opened to the public. The exhibition provides information about the Holocaust and the "authentic sites of remembrance". Moreover, it honours the up to six million Jewish victims from throughout Europe."
Neocon Glenn Beck calls for celebrating Ramadan by shooting all Guantanamo prisoners in the head Beck, an ardent supporter of Israel, in the past was touted as a possible running mate to Sarah Palin. He has likened Ron Paul supporters to terrorists and said that he "hates 9/11 victims families for asking questions". Beck stated, in part, "We can't let them starve themselves to death? Damn right we can. We can also shoot them in the head, which is the other option and the one I'm for. SHOOT THEM. But, the other is let them starve to death and I'm totally fine with that."
Palin and Beck 2012? A match straight out of hades 11/19/09 Sarah Palin, former governor of Alaska who is making the media rounds promoting her book Going Rogue, has said that she would consider TV host Glen Beck as a running mate if she ran for president in two years.
Palin continues standard establishment line on Israeli policy 11/18/09 Palin: "I disagree with the Obama administration on that. I believe that the Jewish settlements should be allowed to be expanded upon, because that population of Israel is, is going to grow. More and more Jewish people will be flocking to Israel in the days and weeks and months ahead. And I don't think that the Obama administration has any right to tell Israel that the Jewish settlements cannot expand."
Walters: "Even if its Palestinian areas?"
Palin: "I believe that the Jewish settlements should be allowed to expand."
Neocon pundits amp up demonization efforts in response to possible Ron Paul 2012 run 12/21/09 [Featured on Infowars.com and LewRockwell.com.] Beck: You raise money however you want, as long as you arent blowing other people up... Ron Paul supporters are tapping in to something that's very real... But if fringe elements turn that disenfranchisement into violence, we endanger the freedoms we're supposedly all fighting for... Okay, where am I wrong? The Ron Paul revolution. I think it's meant to be a catchy slogan, but I fear some of his fringe supporters are taking the word 'Revolution' too literally."
Flashback: "Why would Israel attack a ship that belonged to its only ally?" asks Israeli Ambassador 9/28/10
Israeli Ambassador Michael Oren, who was heckled by Muslim students in 2010 while giving a speech at UC Irvine in what became the infamous 'Irvine 11' case, is a stalwart defender of the official U.S.S. Liberty government story. The students, who called Oren a war criminal, were later criminally prosecuted by the Orange County, CA D.A. after an inflential rabbi held a private meeting with the district attorney's staff.
New law allows Israeli Air Force easy opportunity for a false flag in United States 7/20/12
Will the Israeli Air Force be used to carry out another false-flag attack in America? On Tuesday night, July 17th, the U.S. Congress passed the final version of the United States-Israel Enhanced Security Cooperation Act of 2012 a bill which not only will give Israel hundreds of millions of dollars worth of 'surplus' military equipment, but will allow the Israeli Air Force to conduct "training and exercise opportunities in the United States". The bill was "Presented to President" Obama on July 19th but as of this writing has not yet been signed into law. Israel, along with the United States, has a long documented history of "false flag operations"- deceptive attacks which are generally conducted in order to deceive the public in order to get them to support new wars.
Eerie Predecessor of Chris Dorner: the James Beck Redux February 24, 2013
The Christopher Dorner saga has an eerie predecessor with many striking similarities, involving a 35-year old former police officer named James Beck. Police burned him to the ground inside a home during a standoff.
March 15, 2000
JOSEPH H. WHITE, APPLICANT-APPELLANT,
STATE OF IOWA, RESPONDENT-APPELLEE.
...Because the remarks of the State do not support a claim for prosecutorial misconduct, we cannot conclude trial counsel failed to perform an essential duty. There is little doubt the melodramatic rantings of the prosecutor were improper. Besides wrongly characterizing defense counsel's statement, the prosecutor inexcusably attacked defense counsel's character and credibility. But given the strength of the evidence supporting White's guilt, we find the comments did not likely contribute to the jury's verdict. The evidence established White possessed the murder weapon before, during, and after the murders. No less than five witnesses identified White as the person who entered the Drake Diner and shot Cara McGrane and Tim Burnett. Several days before the murders defendant did not have any money, but immediately after he was able to rent a luxury hotel room and purchase pizza for friends. The evidence is too overwhelming to support a claim for prosecutorial misconduct. We cannot fault trial counsel for failing to make an objection that would have no practical bearing on the trial."
MOTION TO SUPPRESS
While White was living in Washington, the manager of the apartment complex where he lived with his mother called the Kent Police Department and reported a gun had recently been fired at the complex. An officer went to the apartment complex to investigate. The discharge of a firearm within city limits was illegal under city ordinances. The complex manager said a "large firearm" had probably been fired on the roof of one of the apartment buildings. The person who reported the shot also heard the sound of a shell casing falling into a rain gutter. Based on the proximity of the reported discharge and the officer's previous dealings with White, the officer began his investigation by going to White's apartment. With the consent of White's mother, the officer searched the apartment and the roof area immediately outside White's bedroom. The officer seized a .44 caliber shell casing in the rain gutter immediately outside White's bedroom window, a .44 caliber ammunition clip, another spent shell casing, and a harness for a shoulder holster in White's bedroom. White does not claim the officer's presence was improper, but that the items seized were not clearly evidence of a crime.
The Fourth Amendment does not protect against all searches and seizures; its protection extends only to those that are unreasonable. "A search and seizure without a valid warrant is per se unreasonable unless it comes within a recognized exception such as consent, search incident to arrest, probable cause and exigent circumstances, or plain view." State v. Manna, 534 N.W.2d 642, 644 (Iowa 1995). "The 'plain view' exception to the Fourth Amendment warrant requirement permits a law enforcement officer to seize what clearly is incriminating evidence or contraband when it is discovered in a place where the officer has a right to be." Washington v. Chrisman, 455 U.S. 1, 5-6, 102 S. Ct. 812, 816, 70 L. Ed. 2d 778, 784 (1982). It is axiomatic that officers have a right to be in a home or an apartment if the homeowner or tenant grants them consent to search the premises. State v. Cadotte, 542 N.W.2d 834, 836 (Iowa 1996).