Sunday, March 18, 2007

STOP THE PRESSES...


Homeowner had 'a right to resist'

SARASOTA -- "John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

Circuit Judge Rick De Furia said at Coffin's trial Tuesday that he doesn't condone the violence against the deputies.

But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.

"Law enforcement was responsible for the chain of events here," De Furia said. "I think in situations like this, officers become so frustrated they go beyond what the law allows them to do."

The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.

The deputies were trying to serve Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.

And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.

"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.

A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.

Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.

Before handing down the sentence, De Furia asked how long Coffin spent in jail after his initial arrest.

"You spent eight days in the Sarasota County jail," De Furia said. "That's your sentence. No probation."
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Little story I'll try to keep short. Some years back I was cleaning some guns outside of my garage. The temp was in the mid-90's, and from my vantage point I spied a lone officer of the law directing traffic at a minor fender bender down the road. He finally got some backup, and was walking back to his cruiser when I offered him a cold glass of lemonade. He breathed a sigh of relief, said sure, and sat down at my cleaning table to replenish some bodily fluids. Downing the large tumbler he happened to notice some old rounds I'd been sorting through. Super-Vels. Purchased sometime in the early 70's.

Hollowpoint Super Vels. And this was in New Jersey. Confusing little state, New Jersey. You can own all the HP's you want, target shoot them even, but get caught with some in the commission of a criminal act and a year gets tacked onto your total sentence for each and every cartridge found on your person, or in your home.

The officer believed otherwise. He felt that the mere possession was illegal, and on the spot decided to arrest me.

No good deed goes unpunished. It ended with half a dozen of them, tasers and batons a'swingin', striving mightily to cuff me. One of them had some tow rope in his trunk and that found its way around me enough to cease the hostilities, at least long enough for me to catch a breath. My attorney actually arrived at the cop shop before we all did because a visiting cousin heeded my call to unleash the lawyer, and took some great snapshots of the crew of them dragging me through the front door.

We of course were in then right. I didn't sue but the police tried to make assault and battery on an officer type charges stick. The local judge would have none of it and even told me to make sure I had at least some of my brothers around should the police ever again come a calling.

"You're nothing but stupid for taking all of those men," he said as he shifted his glance from my still healing bruises over to where my family sat in the courtroom. "Next time call them before the lawyer."

Thanks to The War On Guns

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