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Yahoo
7 hours ago
- Politics
- Yahoo
Maryland Supreme Court upholds ban on gun possession in some non-felony cases
(Photo by U.S. Customs and Border Protection) The Maryland Supreme Court upheld a state law banning gun possession by people who have been sentenced to two years or more in prison, calling it comparable to a ban on gun possession by felons, whether the underlying crime was a felony or not. Despite a string of recent U.S. Supreme Court rulings that have greatly strengthened gun rights, the high court has not suggested that the Second Amendment 'prohibits the enactment of laws banning the possession of guns by categories of persons thought by a legislature to present a special danger of misuse,' the Maryland court said Friday. Maryland's law is such a law, said the opinion by Maryland Chief Judge Matthew Fader. 'Based on our conclusion that § 5-133(b)(2) [the challenged law] is the equivalent of a prohibition on the possession of firearms by felons, and the United States Supreme Court's repeated references to such prohibitions as presumptively constitutional, we conclude that it satisfies Second Amendment scrutiny and is facially constitutional,' Fader wrote. But in a lengthy dissent, Justice Jonathan Biran said that the U.S. Supreme Court rulings rely on historical context, and that the majority could not point to any previous law that 'disarmed a citizen who violated a legal norm of society but was not viewed as a threat to public safety.' 'The logical conclusion of the Majority's historical analysis is that the General Assembly may make infractions such as jaywalking or exceeding the posted speed limit the basis for permanent firearms disqualification by increasing the maximum penalty for those offenses to imprisonment for more than one year,' Biran wrote in a 65-page dissent, 22 pages of which were a history of British and U.S. gun laws. The law was challenged by Robert L. Fooks, who was charged in Wicomico County in 2021 with allegedly stealing firearms from relatives to sell at pawn shops. Included in the 14-count indictment were two gun possession charges based on Fooks' 2017 conviction for 'constructive criminal contempt,' for which he received a sentence of 4 years and 6 months. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The 2017 conviction was for 'willful failure to pay child support,' according to court records. The ruling said constructive criminal contempt is a common law offense that is neither a felony nor a misdemeanor and does not some with a minimum or maximum sentence. Fooks pleaded guilty in 2021 to the gun charges and agreed to pay restitution to a relative, in exchange for the other charges being dropped. But he retained his right to challenge the gun conviction on Second Amendment grounds. Fooks claimed on appeal that his conviction runs afoul of recent U.S. Supreme Court decisions that say the burden is on the state to prove the need for gun restrictions, not on the individual to protect gun rights. Banning gun possession for the conviction of a nonviolent crime is not the same as banning someone convicted of a violent crime or a felony, he argued. The Appellate Court of Maryland disagreed, upholding the law affirming Fooks' convictions. The Maryland Court of Appeals agreed, saying there is 'no magic to … the word 'felony,'' but that courts must look to the intent of lawmakers who decided which crimes should merit a ban on gun possession. 'The common thread among felon dispossession statutes is thus not any magic afforded to the use of the word 'felony' but a general intent to prohibit the possession of firearms by individuals who have committed offenses the respective legislative body has deemed serious enough to be eligible for a significant term of imprisonment,' Fader wrote. In major Second Amendment rulings over the last 16 years, 'Justices constituting a majority of the Supreme Court of the United States have identified laws like § 5-133(b)(2) as presumptively lawful,' Fader wrote, and Maryland should, too. 'The General Assembly, like the United States Congress and other state legislatures around the country, has concluded that individuals convicted of serious criminal offenses should not be permitted to possess firearms, regardless of whether the particular offenses they previously committed are themselves violent,' he wrote. Biran said the majority opinion was 'well written and its conclusions may be proven to be correct after the Supreme Court decides a case like this one,' but he disagreed. The recent history of U.S. Supreme Court cases have taken the permanent disqualification of a person from gun ownership because of a nonviolent criminal conviction 'off the table,' he wrote. 'When the State seeks to prosecute a person for possessing a firearm based on a prior conviction, the State meets its burden … if it shows that the predicate conviction was for an offense that is violent in nature,' Biran wrote in dissent. 'Mr. Fooks's predicate conviction is for constructive criminal contempt. That offense is not violent in nature,' he wrote. 'It follows that, as applied to Mr. Fooks, PS § 5-133(b)(2) violates the Second Amendment.'
Yahoo
29-03-2025
- Yahoo
Taos Pueblo man pleads guilty in girlfriend's death
A Taos Pueblo man accused of killing his girlfriend by running her over outside their home on the pueblo after a night of drinking in 2021 pleaded guilty to voluntary manslaughter Friday. Under the terms of his agreement with federal prosecutors, Santiago Martinez, 32, will be sentenced to no less than 10 and no more than 15 years in prison in connection with the death of 29-year-old artist DeAnna Autumn Leaf Suazo. U.S. District Judge Martha Vasquez ruled Martinez will be allowed to remain out of custody until his sentencing — the date of which has not been set — based on his attorney's argument he's done well while on pretrial release and despite the pleas of Suazo's mother Geraldine Tso, who implored the judge not to let him out. 'He's already had his time being out and not taking responsibility for his actions,' Tso said in federal court in Santa Fe, adding that, as a mother, the death of her daughter had caused 'a sorrow that kills your stomach and your heart.' The judge sided with Martinez's defense attorney Devon Fooks, who argued his client was neither a flight risk nor a danger to the community and had been an 'exemplary detainee' during the approximately one year he spent in custody initially. Fooks also said his client had not been a problem while out on conditions of release for the past several years. 032825_MS_DeAnna Autumn Leaf Suaza_002.JPG Martinez, back center, emerges from federal court in Santa Fe after pleading guilty to voluntary manslaughter in Suazo's 2021 death Friday. However, the judge told Martinez that if he messes up now, it could affect his classification when he is sent to serve his sentence in federal prison. 'You get to be outside with your family,' she reminded him. 'Ms. Suazo's family has lost their heart as a result of your actions.' 'He knew it was wrong' Federal prosecutor Nora Wilson argued against Martinez's release Friday. She said he would be more likely to flee now that he's certain to face a long prison sentence and noted not violating the conditions of release was something expected of defendants released before a trial, not something that met the requirements that he prove 'exceptional' circumstances justified his presentence release. Fooks countered the 'reality' is many pretrial detainees, especially those like Martinez who have substance abuse issues, struggle to maintain their sobriety while on pretrial release. Particularly remarkable, Fooks argued, was that Martinez hadn't relapsed during the time he was incarcerated at the Cibola County Correctional Center which, Fooks said, 'we can all agree is rife with narcotics.' 032825_MS_DeAnna Autumn Leaf Suaza_003.JPG Danielle Suazo, right, is comforted by Julie Anzara following the guilty plea of Santiago Martinez in the death of DeAnna Autumn Leaf Suazo in federal court in Santa Fe on Friday. Martinez initially had been indicted on a charge of second-degree murder, which requires a finding of an unprovoked intent to kill, versus manslaughter, which involves mitigating circumstances such as a 'sudden quarrel' that provokes a person to anger. Martinez — a slight young man with closely cropped hair and black gauges in his ears — said almost nothing during the hearing, giving brief answers to the judge's questions regarding his education (high school) and his understanding of his plea. Fooks declined to comment on Martinez's behalf Friday. Martinez told investigators at the time he and Suazo were listening to music in her vehicle when he went inside the residence to put wood on the fire. He said he then came back out to find her body on the ground. Martinez initially denied killing Suazo but told an FBI agent during a follow-up interview 'he was the one who hurt her,' according to a criminal complaint. Martinez told the agent Suazo wanted to leave and he did not want her to leave, according to the complaint, but he 'was angry and got in the car and pressed on the gas and hit her.' He said the couple — who had been dating for 10 years, according to the complaint — had consumed beers and tequila shots and smoked marijuana leading up to the incident. Suazo's body had multiple injuries, with signs of blunt force trauma to her head, broken ribs, bruising, lacerations and what appeared to be an injury 'which could be consistent with a vehicle tire being left on her chest,' according to the complaint. 032825_MS_DeAnna Autumn Leaf Suaza_004.jpg Tony Abeyta carries a picture of his goddaughter, DeAnna Autumn Leaf Suazo, outside federal court in Santa Fe on Friday. Santiago Martinez pleaded guilty Friday in her death. Wilson repeated a pared-down version of those facts when reading out the factual basis for the plea, saying the altercation happened around 3 a.m. Nov. 13, 2021, at the couple's shared residence on Taos Pueblo and that Martinez had become so enraged he'd pulled an earring from Suazo's ear prior to getting behind the wheel of her SUV and running her over. 'He knew what he was doing,' Wilson said. 'He knew it was wrong.' 'Justice for DeAnna' Suazo — the daughter of Navajo artist Geraldine Tso and Taos Pueblo painter David Gary Suazo — was considered a rising star in the contemporary Native American art world. Family members and friends — including several Taos Pueblo officials and Suazo's godfather, noted Navajo artist Tony Abeyta — packed the courtroom Friday. Several supporters wore ribbon skirts and purple T-shirts from the Coalition to Stop Violence Against Native Women printed with the phrase, 'Safety is a Community Responsibility.' Supporters also gathered in Federal Park before and after the hearing holding posters reading 'Justice for DeAnna.' They also created a display outside the doors of the courthouse — to the chagrin of security guards — featuring photographs of Suazo, newspaper clippings and copies of her work, including colorful anime-inspired drawing of Native women on ledger paper. Suazo's father David Suazo said prior to the hearing he was aware of the terms of the plea but declined to say how he felt about it, saying he'd been advised by attorneys not to comment until Martinez had been sentenced. David Suazo said the family was thankful for the outpouring of support they'd received following his daughter's death, saying the Coalition to Stop Violence Against Native Women had been by their side 'since day one.' 032825_MS_DeAnna Autumn Leaf Suaza_005.JPG David Gary Suazo arranges large pictures of DeAnna Autumn Leaf Suazo outside federal court in Santa Fe on Friday, March 28, 2025. Those who gathered outside the courthouse Friday were there not just to support his daughter, David Suazo said. 'We are speaking out for all Native American women who have been abused,' he said. FaraHNHeight Fine Art gallery director Gregory Farah — whose gallery carried Suazo's art prior to her death — walked out of the courtroom when the judge ruled in favor of Martinez's release. He didn't mince words when asked his opinion of the outcome of the case following the hearing Friday, saying he was 'extremely disappointed.' 'When the judge started congratulating him for doing good pretrial, that was disgusting to me,' Farah said. 'She didn't need to do that. I thought it was totally inappropriate. I wanted to stand up and scream.'
