Christie Commutes Marine Veteran’s Sentence For Gun Conviction

photo via Google +

Hisashi K.D. Pompey, Marine veteran from Virginia convicted under New Jersey’s draconian gun laws of Unlawful Possession of a Weapon, will not have to report to State Prison on Monday.  Governor Chris Christie commuted Pompey’s sentence to time served today.

Pompey was arrested on December 16, 2011 and convicted in 2013, according to the Governor’s Order. According to published reports, Pompey brought his gun, which was licensed in his home state of Virginia, into a Fort Lee nightclub.  A friend took the gun from the Marine’s holster. No shots were fired and no one was injured.

Pompey was facing a 5 year prison term with a provision that he serve a minimum of three years.

Pompey’s application for a full pardon is still under review by the Governor’s Office, according to Chief Counsel Gregory Acquaviva’s letter to his attorney, Evan Nappen of Eatontown.

• Tweet

Federal Charges Filed Against Millstone Gun Owner

John Lafergolo, 52, of Millstone appeared in federal court in Trenton this morning on charges that he possessed 36 machine guns, which are illegal to possess in the United States, according to a state by U.S. Attorney Paul Fishman’s Office.

Lafergola was arrested at his Millstone home following a domestic violence incident on October 5, 2014.

According to the 2014 complaints Lafergola pointed a black 5.7X28mm Fabrique Nationale Herstal handgun model Five Seven at the victim. It is alleged that while Lafergola was pointing the handgun at the victim, he stated “I’ll blow your f***ing brain’s out”.

Read the rest of this entry »

• Tweet

N.J. court rules domestic violence allegations enough to deny gun permit

• Tweet

Casagrande Calls On Cumberland Prosecutor To Drop Gun Charges Against Retired Teacher

Says she will introduce legislation bringing New Jersey’s treatment of antique guns in line with federal standards

Assemblywoman Caroline Casagrande

Assemblywoman Caroline Casagrande (R-Monmouth) said yesterday that the charges gun charges against a 72 retired teacher for transporting a 300 year old antique flintlock pistol are “ludicrous” and that the Cumberland County Prosecutor should dismiss the case.

Gordon Van Gilder, who taught in Millville for 34 years, faces 10 years in prison and the loss of his pension after a traffic stop last November during which he disclosed to the Cumberland Sheriff’s Officer who stopped him that he had the antique gun, unloaded , in his car.  Van Gilder’s attorney, Evan Nappen, said that his client was carrying a collectible and is being charged as if he was carrying a loaded .44 magnum.

Read the rest of this entry »

• Tweet

Antique pistol could get former Millville teacher 10-year prison stay, report says

• Tweet

Atlantic County Prosecutor Requests Delay In Shaneen Allen Case

NRA News is reporting that Atlantic County Prosecutor James McClain has requested a three week adjournment in the case of Shaneen Allen, a single mother who faces a possible 10 years in prison on gun charges for bringing her Pennsylvania licensed handgun into New Jersey.

NRA News reporter Ginny Simone said that McClain’s letter to the Court requested three weeks to review the case for an appropriate resolution. Allen’s attorney Evan Nappen said that letter is a hopeful sign that McClain is reconsidering his prosecution of Allen.

Read the rest of this entry »

• Tweet

Brian Aitken serving seven years for transporting guns, perhaps legally

Brian Aitkin, photo from Free Brian Aitkin facebook page

By Art Gallagher

Brain Aitken was sentenced to seven years in prison for transporting unloaded and disassembled guns in the trunk of his car. The arresting officer suggested that Aitken store the guns in his father’s safe, but they wouldn’t fit, so he was arrested, tried, convicted and sentenced to seven years in state prison.

According to the reports brought to my attention by MMM readers, here, here and here, Aitken had purchased the firearms legally while residing in Colorado. He had sought and followed guidance from the New Jersey State Police on how to legally transport the guns during his move back to New Jersey.

Aitken turned down pleas bargain offers from the Burlington County prosecutors office because he believed he had carefully followed the law. 

The judge presiding over Aitken’s case, James Morely, declined to instruct the jury about exemptions to the concealed carry law for transporting guns during a move between residences.  Aitken’s attorney raised the issue during closing arguments but not during the evidentiary phase of the trail.  The jury requested the exemption information multiple times during deliberations.  Morely declined to provide the information.

Morely did not issue Aitken’s sentence.  He was removed from the bench after the verdict was delivered and before the sentencing because Governor Chris Christie declined to reappoint him, reportedly because of his judgement in a case involving a Moorestown NJ police officer having sex with cows.  Judge Michael J. Haas issued Aitken’s sentence.

Evan Nappen of Eatontown is Aitken’s attorney. Nappen’s summary of the facts of the case can be found here.

Assemblyman Michael Patrick Carroll has written Governor Christie asking for an immediate pardon or commutation of Aitken’s sentence.  Carroll’s letter can be found here.

Reports are that Governor Christie is reviewing the pardon/commutation request.  The media campaign that Aitken’s family is waging is so compelling that the questions, “how could this happen?” and “what facts are missing from this story?” must be addressed.   Christie’s office should conduct a thorough and expeditious review.

For more information, see the Free Brain Aitken facebook page and BrianDAitken.com.

• Tweet