YOUNGSTOWN, Ohio (WKBN) — An lawyer symbolizing a male charged in federal courtroom with staying a felon in possession of ammunition has asked a choose to bar any references to a bulletproof vest her customer was putting on when he was arrested, declaring that her shopper essential it due to the fact “Youngstown is notoriously plagued by gun violence.”
Federal Community Defender Carolyn Kucharski filed the movement Tuesday right before U.S. Decide Pamela A. Barker in the U.S. Northern District Court Of Ohio on behalf of Jeremy Betts, 36. Betts was to go on demo March 1, however, court records clearly show he will alternatively have a improve of plea listening to the similar day, a hearing where a defendant typically enters a guilty plea.
The costs stem from an Oct. 29, 2020, arrest by Youngstown police in which Betts was a passenger in a motor vehicle pulled over at Hillman Street and West Philadelphia Avenue for owning no license plate gentle.
Experiences stated in which the driver was sitting down, police observed a 9mm handgun, and upcoming to the place Betts was sitting, police found a .40-caliber handgun.
In her motion inquiring that any reference to the vest be banned, Kucharski said the driver of the car had a concealed carry allow but did not have her card with her. She claimed ownership of just one of the guns, the motion mentioned.
Betts was indicted Dec. 3, 2020, by a Mahoning County grand jury but he unsuccessful to exhibit up for his arraignment and a warrant was issued for his arrest.
A federal grand jury indicted Betts Aug. 11 but he was not arrested until eventually Dec. 16.
At issue in the federal scenario is 29 rounds of ammunition in an extended journal that was located beneath the seat where by Betts was sitting. Betts is proclaiming he did not knowingly possess that ammunition, and due to the fact of that, he is not guilty.
Kucharski stated in her movement that if prosecutors ended up allowed to point out the vest, jurors could imply that he was sporting the vest due to the fact he essential to secure himself from getting involved in illegal activity.
Sporting entire body armor is not unlawful and Kucharski claimed her client instructed police when he was stopped he “had it for safety.” Kucharski reported it is not unreasonable for him to be carrying a vest because Youngstown is a perilous location.
To back up her claim of how perilous the town is, Kucharski hooked up a duplicate of a July 28, 2020, wkbn.com tale on how violence around the decades has gripped some of Youngstown’s neighborhoods.
Betts is not allowed to have a gun or ammunition because of a carrying a concealed weapon conviction in 2006 in Mahoning County Popular Pleas Court for which he acquired probation.
In 2011, he was convicted in federal court of possession of hazardous ordnance for possessing a sawed-off shotgun, and in 2015, he was convicted yet again in federal courtroom for becoming a felon in possession of a firearm.