Rey C.
Racing is life... anything else is just waiting.
Well yes, the gun was in single action mode AFTER it had been fired - being a DA/SA, it returns to that state with recoil. And yes, after manually chambering a round, the gun would be in single action mode.
But here's the part that I found most interesting:
So during the original instruction phase, not enough weight was given this theory (which would have given the jury room to acquit), according to the appeals court. M'kay. And good job presenting that. I hadn't seen that before. :hatsoff:
So we'll see what happens next. The DA can re-try Garcia on the same gun charge (flip a coin on that happening or not), and we know that the Federal govt. is going to try him on two federal gun charges. If he doesn't get or take a plea deal, he could get up to 20 years total if convicted there. It'll be interesting to see how these theories play out on that stage.
But here's the part that I found most interesting:
Woychowski testified that he always left the pistol in double-action mode, but he also said the gun was typically in single-action mode when he loaded it, and couldn’t definitively say he remembered putting it back in double-action mode before it was stolen.
So during the original instruction phase, not enough weight was given this theory (which would have given the jury room to acquit), according to the appeals court. M'kay. And good job presenting that. I hadn't seen that before. :hatsoff:
So we'll see what happens next. The DA can re-try Garcia on the same gun charge (flip a coin on that happening or not), and we know that the Federal govt. is going to try him on two federal gun charges. If he doesn't get or take a plea deal, he could get up to 20 years total if convicted there. It'll be interesting to see how these theories play out on that stage.