Rifle-Carrying Teen Going to Trial After Judge Denies Motion to Dismiss Birmingham Case
Troy 18-year-old Sean Combs faces a jury pre-trial set for July 9 in front of 48th District Court's Marc Barron.
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Sean Combs, the Troy 18-year-old arrested in April after he was found carrying a loaded rifle through downtown Birmingham, will be taking his case to trial.
At an evidentiary hearing Wednesday at 48th District Court, Judge Marc Barron denied a motion to dismiss the three charges against Combs, submitted by his attorney James Makowski.
Barron set a jury pre-trial for 1:30 p.m. July 9, with the jury trial set to begin at 8:30 a.m. July 11.
Combs is charged with brandishing a firearm, disturbing the peace and obstructing an officer after an April 13 incident at the corner of Merrill and South Old Woodward. Combs was arrested around 10 p.m. after refusing to show police officers identification after they asked about the M1 Garande rifle strapped to his back, police reports state.
Under Michigan law, as an adult Combs was legally allowed to carry the weapon and not required to show identification. However, police stated they requested it because Combs looked "very young."
After the hearing Wednesday, Makowski said Barron's ruling wasn't completely unexpected because the defense has to shoulder the burden of proof during the evidentiary hearing. When they go to trial, that burden of proof will be shifted onto the city.
"I don't think they can meet that burden of proof," Makowski said. "This battle is lost but we haven't lost the war."
Leading up to the hearing, attorneys debated the definition of the key charge facing Combs: brandishing a firearm. In his brief, Makowski said Combs was not "waving or displaying the weapon in a threatening manner," and thus was not brandishing.
However, in a brief filed on behalf on the city by Mary Kucharek of Beier Howlett, P.C., Kucharek said Combs met the definition of "brandishing" outlined by Birmingham's ordinance and state law. According to city ordinance, brandishing a firearm is illegal except for police officers, or when gun owners are purchasing and transporting a weapon, hunting or engaged in target practice.
"(The) Legislature could have included walking down a public street with a firearm strapped to one's back (as one of the legal exceptions), but it did not because such activity has no legitimate purpose," Kucharek wrote.
Barron said Wednesday that Birmingham's ordinance regarding brandishing firearms is clear and mirrors Michigan law, and Combs' conflict with the brandishment charge is "without merit."
"City ordinances must follow constitutional law," Barron said. "(However) Home Rule cities have specific authority to enact ordinances in the interest of the city."
It was much the same for the remaining two charges, with Barron dismissing Combs' claims that Birmingham's ordinances regarding disturbing the peace and obstructing an officer were over-broad and vague.
In his brief, Makowski said public disturbances were caused by the arresting officers. "Mr. Combs was simply walking down the street minding his own business," Makowski said. "Any public disturbance that resulted from this encounter came about due to the actions of the Birmingham Police themselves."
However, Kucharek said Combs' interaction with police — which included a loud argument, briefs say — attracted a crowd of teenagers that had to be dispersed by police.
"Courts have the authority to assume ordinances are constitutional unless it's clear (that they are not)," Barron said.
Still, Barron noted that though there was no reason to drop the charges, that doesn't mean Birmingham's evidence will stand up at trial.
"This does not mean that (Combs') conduct was illegal," Barrron said, "or that Birmingham's evidence will stand up in a jury trial."
Rodney McClellan
2:53 pm on Wednesday, June 20, 2012
Good for him. It is a right to bear arms and he was not obligated explain why he was carrying his gun as long as it was an open carry. According to state law. Too many of our constitutional rights are being taken away by law makers who pass laws concerning everyone but themselves. I am a Veteran and served this country with the belief that i was defending our constitution and the rights of our people.
Jeff
5:27 pm on Wednesday, June 20, 2012
NOTE TO SEAN: Hey Seany, how did that little "in-your-face" gun-toting stroll through the streets of Birmingham work out for you, so far?
Obviously you thought that the 48th District Court would simply dismiss the 3 charges against you. Then you figured, you'd simply go home and have a good laugh about it with your parents and friends and have something to boast about all summer long. OPPS!!!!!
I hope it was worth it.....
ann galen
5:51 pm on Wednesday, June 20, 2012
I hope I get picked for jury duty. I believe in the Bill of Rights.
Jeff
9:51 pm on Wednesday, June 20, 2012
Hey James (and DON'T call me "Jim") Pawalski - Seriously, that's the best you got?
I pick my moments. I'm sure I'm not alone in thinking there are a million more productive ways to stand up for one's country rather than selfishly parading down a crowded street with an M1 just for attention.
Specifically I stand up for my country by helping others less fortunate than myself. Do you?
Hmmmmm......I'm thinking NO WAY!
Edythe Ford
7:38 am on Thursday, June 21, 2012
no, not good for him. just because you bhave the right to do a thing doesn't mean the time and place are appropriate. i find that to be scary that a young man who looked under-aged was walking around carrying a rifle with a live round in downtown birmingham where other teens, adults, and children congregate. it may be legal, but it was extremely inappropriate and dangerous.
as a mother and resident of the birmingham community i am shocked and frightened by this young man and his parents behavior. we are americans but you have to know when its okay to exercise your freedoms, you don't use them to abuse everyone else!
ann galen
5:16 pm on Monday, July 9, 2012
Edythe, I kind of agree with you. Yes, it was legal, but it was extremely inappropriate and dangerous and in bad taste. I myself certainly do not walk down Birmingham streets with an 8 pound loaded rifle unconcealed - although it is my right to do so.
It is still a stupid and needless thing for him to have done, and for what purpose? Its not fun to carry around a loaded 8 pound M1Garand rifle, so what was his motivation? An M1 Garand rifle loaded with only 1 bullet has no worthwhile purpose that I can dream up. It just makes no sense.
This kid should have waited 3 more years and then he could carry a gun concealed walking around Birmingham streets just like everyone else does.
Although I don't approve at all of what this guy did, and although I don't approve of anyone else walking around and openly carrying M1 Garands loaded with 1 bullet this these days in Birmingham, still, if I get picked for the jury, boo, sorry, I must vote:
NOT GUILTY,
NOT GUILTY,
NOT GUILTY on all 3 counts.
Clinton Baller
10:05 am on Thursday, June 21, 2012
1. If 30 people gather in Shain Park to oppose gun-toting around town by 18-year-old kids on a busy Friday night, would it make all the papers?
2. If my kid was borderline causing a disturbance (forget about whether it involved a gun; let's say not), and a cop asked him for ID, and he refused, and the cop escorted him to the police station, I'd say my kid would deserve it. We can argue all day long about whether or not it was a disturbance, and but let's just say a majority of Birmingham residents would have considered my kid's behavior disturbing. I'd tell him: Too bad, Mister. Next time, have some respect for our hard-working officers of the law.
Debbie Thomas
10:34 am on Thursday, June 21, 2012
Good call, Mr. Baller. We should raise our kids to understand that 18 under the law is adult. Let them pay their attorney bills--unless it's some mindful social justice protest--and even then... Let them know when they are young teens that it's 18 and out, unless they use our resouces with respect.
Debbie Thomas
10:41 am on Thursday, June 21, 2012
BTW, what in the name of all hairstylists is going on with Judge Barron's hair?
Eva Meade
1:59 pm on Thursday, June 21, 2012
In a climate where there have been several reported gun-toting kids shooting and killing SEVERAL people within the last several years, this should NOT be expected to be ignored. As a member of this community (heck, ANY community!) I do NOT want to be strolling around with my young children and run into a teen with a gun! His conduct is scary, dangerous, and (to the officers) disrespectful to the very people whose duty it is to protect us. What was he wandering around with it for anyhow? There are no gun ranges within the city that I'm aware of...
Edythe Ford
5:58 pm on Thursday, June 21, 2012
There is a gun range on Woodward in Royal Oak in a very appropriate business place, not in a busy downtown eating/shopping district or neighborhood. A city is not the woods or the wild, you need a gun or rifle in the woods or the wild.
Eva, as a mom, and for all mom's reading these post, I am mortified with the whole incident and the teen, his parents, and prosecutors cavalier attitudes about the whole thing. Most of all he disrespected the police and got into a scuffle with them. What's wrong with the police asking you for your I.D.? Its Crazy.
Edythe Ford
5:59 pm on Thursday, June 21, 2012
Opps, I didn't mean prosecutor, they are okay with me. I guess the young man's attorney is paid to defend him so he is going to speak in his belief regardless of how he personally feels. Touche'
cookiepro2
8:07 pm on Thursday, June 21, 2012
Edythe,
It appears that a highly motivated special interest group has picked this case to educate us on our Constitutionally protected gun rights. OK, I am now aware I can get a permit and buy a gun and carry it around openly if I want to. I will less likely look askance if I see an adult wearing a gun holster when I'm dining out. But now I'm also aware of the flip side of inappropriate usage of this right, some kid (to me an 18 yr old is still a kid, and it is terribly wrong that they are sent to war) probably in throes of Senioritis bringing gun to place where young people congregate at night, perhaps drinking involved. Who would be talking the next day championing gun rights if a tragedy had occurred?
Joe drinkhorn
5:11 pm on Friday, June 29, 2012
Carry your weapons. If your afraid of the guy with the legal open carry, its your right to choose an alternate route or continue on your current route. Don't be so self entitled and try to take away another persons rights. One day you may find that you yourself need be carrying. Would you rather this kid carry illegally. At least with an open carry you can see a possible threat and proceed accordingly.