"The Wayne County Prosecutor said Johnson shot Williams five times in front of her 12-year-old son in 2019 in their Garden City home."
(Detroit City Council approves ordinance to strip guns away from those convicted of domestic violence. Click On Detroit. October 26, 2021.)
Detroit PD Sergeant Elaine Williams Murder Case Posts:
The family's and law enforcement's fight for Elaine included the "Sgt. Elaine Williams Domestic Violence Ordinance" - which bans anyone convicted of a domestic violence charge in the city of Detroit/prosecuted by the Detroit City Attorney, from ever being able to purchase a firearm.
NOW, people are furious, claiming this violates their Second Amendment rights. NO it does not. The federal Lautenberg Domestic Violence Gun Ban/18 U.S.C. § 922(g)(9) enacted in 1996 prevents anyone convicted of a misdemeanor or felony DV charge of ever possessing/owning/purchasing a gun. Period.
Michigan mentality to the Lautenberg Amendment: Congressman Bart Stupak (a former police officer) was not happy that the Lautenberg Amendment included police officers convicted of domestic violence. Stupak attempted to have police officers exempt by introducing bill H.R. 445, 105th Congress. Stupak's attempt to have police officers exempt from the Lautenberg Amendment failed.
Meanwhile, in Michigan, state legislators took up Congressman Stupak's battle cry to protect law enforcement officers from the Lautenberg Amendment. Keep in mind, no state law can supersede a federal law AND a state cannot ignore a federal law.
So, our state legislators turned to MCL 769.4a - which had been first enacted in 1978, when domestic violence was beginning to be processed as a criminal offense. In order to prevent the strain domestic violence charges would place on the court system and jails, MCL 769.4a allowed an offender to plead guilty to a misdemeanor offense in exchange for the offender being placed on probation and attending counseling instead of going to jail - and at the end of the probation period, the offender's conviction would be expunged from their record.
Question is, why had MCL 769.4a not been removed from the books when the Lautenberg Amendment was enacted? Why did our state legislators instead use MCL 769.4a to circumvent the Lautenberg Amendment?
MI legislators inserted into MCL 769.4a: "Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime." = Michigan legislators bypassing the Lautenberg Amendment/ Michigan's Lautenberg Loophole, which has been used to save the jobs of law enforcement officers charged with domestic violence offenses. Screw the officer-involved domestic violence victim and her safety.
Since the enactment of the Lautenberg Amendment, MI legislators have repeatedly amended MCL 769.4a to protect abusing law enforcement officers from being held criminally responsible for their violent crimes. Detroit Police Officer Gary Steele is an infamous MCL 769.4a plea bargain case. Facing life in prison for the the brutal violent attack on his ex-girlfriend, Steele only received one year probation and was placed back on duty.
Back on duty, Steele broke the arm of Elaine Murriel during an arrest. AND, as Murriel was driven away from the scene by another officer, Steele pointed his hand as a gun and 'aimed at' Murriel. Steele was never reprimanded by the Detroit PD for his breaking of Murriel's arm - and remained on the department thereafter.
Since the use of MCL 769.4a to circumvent the Lautenberg Amendment, it is common-place for officers charged with domestic violence to get this plea bargain and be back on duty with a gun strapped to their hip.
Prosecutors, who don't want to deal with domestic violence cases and trials, are all too eager to hand non-officer involved domestic violence abusers this same get out of accountability card/MCL 739.4a plea deal - no matter how violent the abuser is and no matter the danger the abuser poses to the victim.
What the state of Michigan now has: a bunch of convicted violent dangerous domestic violence abusers who have a right to purchase/own guns, because the Lautenberg Amendment was by-passed by prosecutors via MCL 769.4a. - and these same convicted abusers are more likely to kill the next time they abuse their victim.
How dangerous is the MCL 769.4a plea bargain/Lautenberg Amendment Loophole to victims of domestic violence?
In 2020 Senate Bill 257 Of 2019/ACT NO. 115 amending MCL 769.4a was enacted. Under the new amendment, an offender can only receive probation - no jail time. The list of domestic violence crimes allowed for the plea was expanded to include everything less than murder. No matter how brutal the attack on a victim, the abuser was eligible for a plea under MCL 769.4a - and would be allowed to purchase/own a gun.
Not only have Michigan legislators successfully circumvented the Lautenberg Amendment but they have practically decriminalized domestic violence under MCL 769.4a.
HOWEVER, a prosecuting attorney/city attorney does not have to offer/use the MCL 769.4a plea bargain to anyone charged with a domestic violence charge. The city of Detroit will no longer use MCL 769.4a, due to the increase in domestic violence deaths.
Convicted of domestic violence and living in Detroit? You could lose your gun.
Detroit Free Press
October 27, 2021
The Detroit City Council approved a new local law this week that will allow authorities to strip firearms away from anyone convicted of a misdemeanor related to domestic violence.
Council members at Tuesday's meeting approved the Sgt. Elaine Williams Domestic Violence ordinance, named after a police sergeant who was shot and killed in her home by Eddie Ray Jr. Johnson in 2019 during a domestic violence incident.
Supporters praised the new measure a way to keep guns out of the hands of those convicted of a misdemeanor related to domestic violence. Other state and federal laws deal with those convicted of a felony related to domestic violence.
Councilman Scott Benson pushed for the new ordinance as a means of curbing domestic violence in the city.
"In 2019, 17 Detroiters were murdered via domestic violence with handguns. In 2020, 23 people were murdered as a result of domestic violence and handguns. We have to get handguns out of those who can't handle themselves emotionally or physically," Benson told the Free Press.
The councilman made it clear that gun removal is not for those who are accused in domestic violence crimes, but for those convicted of a misdemeanor, mirroring federal law. The ordinance leaves open questions of how it will be enforced. Benson said it would be up to the courts.
"As a former member of the United States military who understands the responsibility associated with gun ownership, I don’t take it lightly. When you see the impact on the residents of the city of Detroit, you have to do something," Benson said.
Benson also added that female victims of domestic violence are "five times more likely to be murdered" with a weapon in their home.
"It's critical that we remove weapons from those who have proven themselves incapable of handling their emotions," Benson said. "It's about being another tool in the toolbox that we don't currently have. I am under no impression it's going to solve all the problems."
Dr. La Donna Combs, executive director of Detroit-based Sisters Against Abuse Society, said the new measure provides an additional tool to reduce the chances someone might be fatally wounded from the use of a gun during domestic violence. However, she said, more training is needed to respond to domestic violence cases. Generally, she said, domestic violence is still underreported because of victims' fears that law enforcement will not believe their accounts.
Combs' organization provides resources for domestic violence victims, including food, counseling, funeral service support and workshops.
"We want to help women heal and to understand that Black women suffer domestic violence at rates that are 47% higher than white women," Combs said. "African American women don't seek the services. They have so many other barriers. Sometimes, it's the parenting; sometimes it's the housing. I've had women show up with a black eye, asking for food and a gas card."
However, Tom Lambert said he questions the legality of the new local law, arguing localities may not be able to restrict gun rights in this way. Lambert is the president of Michigan Open Carry Inc., a group that promotes the lawful possession of handguns, including "open-carry" style in public places.
Lambert said that unless there is a state law allowing the city to enforce the ordinance, then it could be challenged in court and lead to civil claims against the city.
"The city can't invoke federal law and say we have the authority to do something when state law tells them no," Lambert said.
Anyone convicted of domestic violence could be prohibited from possessing firearms under probation or a personal protection order, according to Shanon Banner, Michigan State Police spokesperson. They may also be prohibited from obtaining a concealed pistol license because of the conviction.
But "there is nothing under Michigan law that expressly prohibits a person with a Domestic Violence conviction from possessing a firearm," Banner said in an email.
The Detroit Police Department declined to comment about the new measure or how it could be enforced.
'This will help save lives.' Detroit approves ordinance taking guns from domestic violence offenders
WXYZ News - Detroit
Oct 27, 2021
(WXYZ) — Detroit City Council voted unanimously to approve an ordinance that strips guns away from domestic violence offenders.
"This ordinance will help save lives," Councilman Scott Benson said.
The new measure is the first of its kind in the state, and comes on the heels of a spike in domestic violence homicides in Detroit. They are up 35% compared to 2019.
It's named for Detroit Police Sgt. Elaine Williams, who was killed by the father of her child in 2019. Benson said the ordinance could have saved her life, and Williams' mother hopes this prevents future tragedies.
"It's a wonderful thing. I cry with good tears," Christine Begoske, Williams' mother, said.
The "Sgt. Elaine Williams Domestic Violence Ordinance" mirrors federal law, and will allow for the taking of weapons from misdemeanor domestic violence offenders. City attorneys can now prosecute those cases in 36th district court. It will also make it illegal to sell guns to offenders.
Benson introduced the ordinance which the council passed unanimously.
"We now have empowered our police department to take away those weapons and help protect some of our most vulnerable residents in the city of Detroit," Benson said.
This does open the city up for legal challenges, Benson said, on the grounds of rights violations, but he said it's a risk they're willing to take.
A spokesperson for First Step, a support group for domestic violence victims serving Wayne County, said while removing guns won't stop domestic violence completely, it will help.
To give you a sense of where the numbers stand, according to the FBI, from 2015 to 2019, 91 women were fatally shot by their partners in Michigan. Of those, 65 percent were killed by a gun. That's above the 59 percent nationally.
Detroit City Council approves ordinance to strip guns away from those convicted of domestic violence
Click On Detroit
October 26,2021
Detroit City Council approves ordinance to strip guns away from those convicted of domestic violence
City attorneys would get power to prosecute cases
Click On Detroit
October 26,2021
DETROIT – The Detroit City Council has unanimously approved an ordinance that would take guns away from domestic abusers.
The ordinance is named after Detroit police Sergeant Elaine Williams, who was shot and killed in her home. Police said her live-in partner killed her.
The ordinance mirrors a national law but would give city attorneys the power to prosecute the cases. Williams’ mother was moved to tears when she learned of the ordinance.
Christine Begoske counseled her daughter many times during her relationship with Eddie Johnson. Begoske said the relationship was abusive.
The Wayne County Prosecutor said Johnson shot Williams five times in front of her 12-year-old son in 2019 in their Garden City home.
Dr. La Donna Combs, with the Sisters Against Abuse Society, said that between 2019 and 2020 domestic violence reports rose 66%. Out of the reported domestic violence homicides, 85% were due to gun violence.
Detroit City Council votes to strip guns away from convicted domestic violence offenders
WXYZ News - Detroit
Oct 26, 2021
Detroit City Council votes to strip guns away from convicted domestic violence offenders
WXYZ News - Detroit
Oct 26, 2021
DETROIT (WXYZ) — The Detroit City Council on Tuesday voted unanimously to take guns away from convicted domestic violence offenders.
The ordinance strips guns away from domestic violence offenders who have misdemeanor convictions.
It is called the Sgt. Elaine Williams Domestic Violence Ordinance and mirrors federal law.
Detroit Police Sgt. Elaine Williams was shot several times at close range in 2019 by her son's father Eddie Johnson.
Their child witnessed his father shoot his mother to death.
Christine Begoske, Sgt. Williams' mother, feared he would eventually hurt her daughter and spoke out about the new ordinance.
“This will save the lives of many women like my daughter,” Begoske of Westland said. “It’s a great honor, a great thing and if she were here, she would be proud.
Begoske had urged Sgt. Williams to end the relationship. She repeatedly warned her daughter. Williams did try to end it and thought she had one more time, according to her mother.
“I try to tell anybody who will hear me. One hit is enough,” Begoske said. “Anytime a man puts his hands on you one time, leave him alone because it’s going to get worse and worse and worse.”
Detroit Councilmember Scott Benson submitted the ordinance for approval in an effort to keep people from being injured or murdered by people they are in relationships with.
“When people have issues controlling their emotions, they can’t handle the responsibility of possessing a weapon,” he said. “Their guns need to be taken away; this is another tool to do that.”
Domestic violence advocacy group, First Step works with domestic and sexual violence survivors and their families in Wayne County.
In a statement to Seven Action News, their executive director Lori Kitchen-Buschel says:
"The ordinance proposed by Counselman Benson will help to create a barrier for assailantsseeking power and control, that have a proven record of violence, from using firearms to assert more control and murder their victims. This ordinance is a commonsense policy to help limit homicide and domestic violence escalation in the City of Detroit. First Step is in support of this ordinance to allow for increased safety in the community."
From 2015 to 2019, 91 women were fatally shot by an intimate partner in Michigan.
17 women were shot and killed by their partners in 2019. In 2020, violence-related homicides jumped to 23 in Detroit, a 35% increase.
Antoinette James, an advocate for a crime victim service program called Open Arms, says here caseload has skyrocketed since the pandemic began.
“This is a desperate situation, and something must be done to protect these women,” she said. “I’m hopeful this ordinance will help save lives.”
The local head of Michigan Moms Demand Action in Detroit is also hopeful the ordinance will curb the violence.
“With the rise in calls to domestic violence hotlines during the pandemic, and more than half of shootings involving a perpetrator who killed an intimate partner or family member, it’s clear that we need to do all we can to keep guns out of the hands of domestic abusers,” Reid said. “Passing this ordinance would be a life-saving step for Detroit and state lawmakers should follow suit to protect women, families, and communities.”
Off-duty DPD officer shot and killed - Officer Elaine Williams
Click On Detroit - WDIV
Jun 3, 2019
Police are ruling the death of Elaine Williams as a domestic crime.
Off-duty DPD officer killed at home in Garden City
Click On Detroit - WDIV
Jun 3, 2019
No comments:
Post a Comment