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"Jury Acquits Honor Student Of Gun Charge
March 24th, 2010 | Category: Press Releases


San Francisco, CA – An Army veteran and Dean’s List student who was prosecuted over a legally-registered, unloaded gun was found not guilty by a San Francisco jury Wednesday.

Jury members deliberated just 45 minutes before acquitting San Francisco resident Wayne Lee Banks Jr., 26, of carrying a concealed firearm in a vehicle. The misdemeanor charge carries up to a year in jail.

Banks, who has no criminal convictions, was arrested Oct. 9, 2009 following a contested traffic stop at Kearny and Clay streets. Officers stated in the police report that they immediately saw a handgun in a belt holster propped up against the center console.

“Despite officers describing the gun as immediately visible to justify the detention, Mr. Banks was arrested for carrying a concealed weapon. You can’t have it both ways. It’s not a magic gun,” said his attorney, Deputy Public Defender Maria Lopez.

During the two day trial, Banks testified that he felt comfortable carrying a handgun for protection because of his Army training and understanding of gun laws. Even though firearms carried openly in belt holsters are not considered concealed according to California Penal Code, Banks testified that he took the already visible belt holster off his hip and placed it further up on the driver’s seat against the armrest to ensure his unloaded gun was completely visible as he drove.

A sergeant and two officers from the San Francisco Police Department testified at the trial. Police also submitted photographs of Banks’ gun partially wedged into the corner of his seat. During cross examination by Lopez, however, the sergeant admitted that the photographs were taken after he had handled the gun and placed it in that position.

“The testimony and photographs were not consistent with the initial police report and there was tampering with the evidence,” Lopez said. “The jury couldn’t understand why this went to trial. Either a gun is concealed or it is not, and this gun clearly was not.”

Banks, a 4.0 student and track team member at San Francisco City College, plans to transfer to Morehouse College and feared a conviction could ruin his chances for financial aid and scholarships, Lopez said.

San Francisco Public Defender Jeff Adachi called the trial a waste of resources.

“Mr. Banks was extremely conscientious about following the laws surrounding gun ownership,” Adachi said. “Considering all the cases involving illegal weapons and gun violence, it’s difficult to understand why time and money was spent prosecuting Mr. Banks.”"

http://sfpublicdefender.org/media/2010/ ... un-charge/" onclick="window.open(this.href);return false;

SF DA Kamela Harris rides again. Glad to see the jury came through and applied the law properly. It's a shame it had to go that far though.

not that surprising.

Wow...thanks for posting that! It's nice to get some good news for a change.

After spending 17 years in the land of fruits and nuts, I am completely, although pleasantly, surprised by the outcome.

T.

SQLGeek wrote:SF DA Kamela Harris rides again. Glad to see the jury came through and applied the law properly. It's a shame it had to go that far though.

quite ridiculous that it went that far. What sort of DA would push this when the report stated they saw a firearm immediately visible yet he was arrested for carrying a concealed weapon?

It is because with leftists, ideology trumps all else.

bdickens wrote:It is because with leftists, ideology trumps all else.

During cross examination by Lopez, however, the sergeant admitted that the photographs were taken after he had handled the gun and placed it in that position.

Lemme see here. Cop attempts to conceal the weapon, then charges the owner with a concealed weapon offense. Do they really take 'em into the police academies that dumb?

Of course, the cop won't go down for perjury and evidence tampering...like he should.

XtremeDuty.45 wrote:What sort of DA would push this when the report stated they saw a firearm immediately visible yet he was arrested for carrying a concealed weapon?

Do a little reading on Kamala Harris and you'll quickly understand the type. Willing to prosecute those not breaking the law for legally carrying an unloaded gun but not willing to properly prosecute illegal gang bangers. She was on California's "Obama Truth Squad" during the Democrat primaries and she is running for California AG in 2010. Glad I got out of there when I did.

casingpoint wrote:

Do they really take 'em into the police academies that dumb?

You don't know about the minimum IQ requirement?

Unloaded? What's the point?

marksiwel wrote:

bdickens wrote:It is because with leftists, ideology trumps all else.

I'll agree that not all leftists are ideologues, but you have to agree that a vast majority are. For just one such example, look at the hundreds of people Penn & Teller got to sign a petition banning water (or, as they called it, Dihydrogen Monoxide) at an environmental rally.

Especially with handguns, the vast majority of people on the left have kneejerk reactions and immediately believe only police should even own one. You are in the minority in your pro-2A view on the left.

Kythas wrote:Unloaded? What's the point?

It's the only way for most to legally carry a handgun in California.

RHENRIKSEN wrote:"Jury Acquits Honor Student Of Gun Charge"

Contrary to popular belief, not everyone in California is an idiot.

SQLGeek wrote:

Kythas wrote:Unloaded? What's the point?

It's the only way for most to legally carry a handgun in California.

I realize that, but am still wondering what the point is in carrying an unloaded gun. If the only way I could legally carry a gun were unloaded, I wouldn't carry one at all.