Monday, October 7, 2013

Warning Shot

An attorney who pleaded no contest to charges of brandishing and carrying a concealed weapon has been suspended for three months by the West Virginia Supreme Court of Appeals.

The attorney served as vice president of his homeowners association. The incident took place after he had just returned from a vacation with his family. The subdivision had no electric power.

Another resident reported that "a large crowd of unauthorized persons were at the riverfront area and that he heard loud conversation, girls screaming and what the resident thought were multiple gunshots."

The attorney grabbed a handgun, put it in the glove compartment and drove to the riverfront area. He took the handgun from the car and encountered a group of young people who were partying.

He was encircled by a smaller group of men. He then raised the handgun and fired into the air. He did not try to hit anyone.

As a result, the attorney resigned his position with the homeowners association.

The hearing panel noted that his neighbors actually appreciated his actions, as there had been vandalism and hard psrtying in the riverfroont area that ceased after the incident.

 The panel also opined that the attorney may well have been acquitted if he had contested the criminal charges.

The suspension will be consecutive to a one-year suspension imposed in an unrelated matter.

The West Virginia Record had this coverage of the incident. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/10/an-attorney-who-pleaded-no-contest-to-charges-of-brandishing-and-carrying-a-concealed-weapon-has-been-suspended-for-three-mon.html

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