Essentially, the DC Metropolitan Police wanted to arrest Gregory, but the DC prosecutor declined, arguing he was a nice guy and didn’t possess the magazine with any criminal intent. This surely would not be a defense for you or I should we find ourselves similarly situated to Gregory. He’s getting off because he has the best immunity in the world: celebrity. Like you and me only better, indeed.
David Gregory Arrest Affidavit Released
Hopefully defense attorneys are taking notes on this. Can they use the “Gregory Defense” by proving that their client did not posses an illegal item with criminal intent?
Doubtful. I think the law itself is written in a way that intent is irrelevant. Beyond that, it becomes a matter of “prosecutorial discretion”. Unfortunately, a single case is not likely to be enough for a judge to rule that there’s been a pattern of unequal application.
He could have just claimed it was an airsoft magazine…
Yes, but would that be enough for Washinton, DC’s laws?
Once again proves some pigs are more equal than others…
Can 42 USC section 1983 , as referenced in the chokepoint article here, be used to go after DC prosecutor for selective
enforcement / violations of duty to the people of DC , regarding the non-prosecution ( favoritism ) with David Gregory ?