Friday, January 15, 2010

Home Invasion Victim Arrested for Having a Gun

The New York Times reports on the heartbreaking story of a guy trying to survive in New York. Link provided by Fishy Jay with the witty remark, "The Times, they are a-changin'."

The night the robbers shoved their way in, Jason Baez lay on the living room floor, terrified. He worried for his children, asleep in their bedroom; for his wife, prostrate next to him; and for himself as two men brandished guns and a third accomplice, a woman, lashed Mr. Baez and his wife with duct tape and electrical cord.

This happened on 101st Street in Manhattan. After a terrible ordeal trying to save his family by moving them to Jersey temporarily, the man bought a cheap handgun in order to protect them and was eventually arrested for it.

He was arrested, and despite having no criminal record, he faced up to three and a half years in prison. Prosecutors offered him a deal of one year if he pleaded guilty, and he accepted. He is to be sentenced Jan. 27.

“We were afraid to fight it,” Ms. Baez said. “We couldn’t be without him for three and a half years.”

I'd say that's a story that would touch the cold heart of even Mayor Bloomberg. But, I guess we'll find that out on January 27th. What do you think?

Please leave a comment.

15 comments:

  1. It's almost as if New York City has been annexed by England.

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  2. Lesson #1 - Don't talk to the police.

    He would have been better served by following the European method of defense: hide in the bathroom and pee your pants while you use small children to slow down the attackers.

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  3. What do you think should happen? I thought you would like the rest of the country to have gun laws closer to New York, where a decent person in danger waits months before even being able to get a gun in their home?

    Or do you want strict laws with selective enforcement?

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  4. I wouldn't be surprised to learn that he will be spending more time in jail that his attackers. Stories like this are the exact reason that gun rights advocates should not give another inch.

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  5. I wonder why Baez was frisked--checking one's mail doesn't sound much like "suspicious" behavior. Oh--I see in the NY Times picture that Mr. Baez seems to have dark skin--that explains it. Bloomberg's NYC police are known for frisking those with dark skin vastly more often than whites.

    I know NYC is proud to have had a record low number of murders last year. I suppose Bloomberg can take the credit--it's under his watch, after all, that all those nasty brown people were disarmed--right?

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  6. "Bloomberg's NYC police are known for frisking those with dark skin vastly more often than whites."

    And people thought I was crazy for comparing Money Mike to George Wallace.

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  7. "Bloomberg's NYC police are known for frisking those with dark skin vastly more often than whites."

    Right. That's a Bloomberg trick. They never thought of that in Mississippi or Texas, I'll bet.

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  8. Mikeb says: "Right. That's a Bloomberg trick. They never thought of that in Mississippi or Texas, I'll bet."

    Ah--gotcha. Bloomberg's racial discrimination is entirely forgivable, because he didn't invent it. Makes perfect sense to me.

    You know, going back to your original post, I have to wonder about this part:

    I'd say that's a story that would touch the cold heart of even Mayor Bloomberg. But, I guess we'll find that out on January 27th.

    I find that a little odd for a few reasons. First, theoretically, Bloomberg's ability to influence the issue ended with the plea "deal" the prosecution offered. In other words, if Bloomberg didn't want Mr. Baez going to prison for his year--very possibly rendering his family homeless--he would presumably have had enough influence with the prosecutors' office to arrange for a better deal. It's now in the hands of the judge, who is supposed to be independent, and thus immune from Bloomberg's influence (that's the theory, anyway--since Bloomberg did pay over 1/10 of a billion dollars for his reelection bid, which he bullied his way into being eligible for in the first place--I suppose one can't rule out the possibility that he owns some judges).

    Second, Baez bought the gun illegally, and carried it illegally. By MAIG's twisted worldview, that makes it an "illegal gun"--the eradication of which is their stated mission. Isn't a harsh outcome for Mr. Baez--a "gun criminal"--excatly the ideal outcome, from their perspective?

    Finally, as an apparent supporter of MAIG, isn't that exactly the outcome you would hope for? A nasty old gun owner getting the book thrown at him? You seem to have embraced the MAIG "movement"--don't cry when it does what it exists to do.

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  9. "Right. That's a Bloomberg trick. They never thought of that in Mississippi or Texas, I'll bet."

    In Mississippi or Texas, Baez would be able to legally own and carry a handgun. So even if he were frisked, had he a license to carry, he'd be a free man.

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  10. The Bloomberg vs. Mississippi remark was not about the fact he had a gun, it was about the police tending to harrass blacks and hispanics.

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  11. Zorro said, "Finally, as an apparent supporter of MAIG, isn't that exactly the outcome you would hope for? A nasty old gun owner getting the book thrown at him?"

    Maybe you still don't know me very well. I happen to have great sympathy for the guy in this story and think Bloomberg should ensure that he spends no time in jail. Making an example of a poor bastard like this Baez is wrong, and probably even counterproductive.

    So yes, I support the MAIG and the Bradys but I also try to think for myself. I especially try to avoid the black and white thinking that so many conservative folks espouse. And I'm not convinced the gun major control movements are as guilty of this as your side is.

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  12. I happen to have great sympathy for the guy in this story and think Bloomberg should ensure that he spends no time in jail. Making an example of a poor bastard like this Baez is wrong, and probably even counterproductive.

    How do you distinguish between a "poor bastard" deserving an unwritten exception to the law, and someone who deserves punishment? Shouldn't there be something in the law to give guidance?

    And don't you think someone willing to break laws on carrying will be more likely to break laws on shooting?

    It sounds like you want lots of laws, but none of them enforced reliably. That is a recipe for corruption.

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  13. Sevesteen beautifully made the point I was about to try to make (and would have fallen well short of his effort), so I'll ask something else. I'd appreciate some clarification on what you mean by this:

    . . . think Bloomberg should ensure that he spends no time in jail.

    In my previous comment, I thought I made a fairly convincing argument for my position that if Bloomberg had any interest in wielding his power (his enormously expensive power, but what's $100 million plus to a multi-billionaire megalomaniac?) on Baez's behalf, the logical time to do so was when the prosecutor's office was offering the dubious "deal" of a year in prison--not when the theoretically independent judge hands down the sentence. I take it you disagree, and are still counting on Bloomberg going soft on this "gun criminal"?

    Oh--also:

    I especially try to avoid the black and white thinking that so many conservative folks espouse. And I'm not convinced the gun major control movements are as guilty of this as your side is.

    Judging by the numbers regarding the racial backgrounds of folks stopped and frisked by Bloomberg's armed minions, it would seem that he is the one who sees things in "black and white" terms. Oh--but I forgot: Bloomberg's racial discrimination is OK, because the ignorant, backward, redneck, mouth-breathers in the South also have a long history of blatant racial discrimination, which somehow absolves Bloomberg of any guilt in that regard--right, Mikeb?

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  14. Ah, the end consequence of the world MikeB and his ilk want to see.

    of course the guy was still able to buy a gun easily on the black market AND his attackers were armed.

    Proof that Gun Control is a wonderful success no doubt!....

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  15. Sevesteen, My way may be "a recipe for corruption," but the "letter of the law" way is a recipe for abuse in many cases. Isn't that why judges have discretion? Isn't that why governors can issue pardons? Isn't it conceivable that in Bloombergs realm, he could make his wishes known and the defendant will be let off in spite of the plea bargain? That's what I'd like to see, in the spirit of justice.

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