I previously reported on the case brought against retired and injured special forces soldier, Nathan Haddad, Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition magazines
Nathan is a decorated soldier who has been recognized for his community service in helping other veterans. (More on Haddad here.)
Nathan was charged with 5 felony counts for possession of empty 30-bullet magazines.
Nathan had a court appearance today. I have confirmed that prosecutors insist on pursuing criminal charges, offering Nathan the opportunity to plead guilty to 5 Class A Misdemeanors. The plea would not result in jail time, but would result in Nathan having a criminal record which would cause him to lose his civilian job with the Department of Defense.
Nathan’s attorney, Seth Buchman, told me that Nathan is not willing to take the plea because of the criminal record, and that their position is that the charges never should have been brought.
The case is being prosecuted under the old NY gun law, not the new law recently passed, as the arrest took place prior to enactment of the new law.
Nathan’s brother Michael has started a legal defense fund.
In related news, the Office of Attorney General in the District of Columbia responded to a FOIA request I served for records regarding the decision not to prosecute David Gregory.
The OAG is refusing to release the letter sent by Gregory’s counsel which was referenced in the Attorney General’s decision not to prosecute. That letter apparently set forth the facts showing how Gregory came into possession of a high capacity magazine, as well as the grounds upon which Gregory argued that he received confusing advice from the D.C. Police. We will be pursuing an administrative appeal and will litigate the issue if need be.
Updates 2-21-2013:
Patrick Howley at The Daily Caller, Prosecutors to pursue felony charges against ex-soldier for possessing high-capacity magazine
Emily Miller at The Washington Times, A gun tale of two cities
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