Man facing 3 years for having gun

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Man facing 3 years for having gun

Priors yield state prison



Friday, October 13, 2006
Man facing 3 years for having gun

Priors yield state prison

By Gary V. Murray TELEGRAM & GAZETTE STAFF
[email protected]


WORCESTER— A Maywood Street man is facing a minimum of 3 years in state prison after being convicted yesterday of unlawfully possessing a firearm and ammunition.

A Worcester Superior Court jury deliberated for about two hours before finding Tex K. Nyamekye Jr. guilty of possession of a .380-caliber semiautomatic handgun and several rounds of ammunition without a firearm identification card.

The charges stemmed from an Oct. 18, 2005, police search of Mr. Nyamekye’s third-floor apartment at 51 Maywood St. that resulted in the seizure of the firearm and ammunition. While each of the charges for which he was convicted normally carries a maximum sentence of 2 years in the House of Correction, Mr. Nyamekye, 27, was indicted under a section of the law that calls for enhanced penalties for firearms violations committed by a person with a prior conviction for a crime of violence.


Judge Peter W. Agnes Jr. found after a second, jury-waived trial that Mr. Nyamekye was the same Tex K. Nyamekye Jr. who was convicted of assault with a dangerous weapon on May 7, 1998, in Worcester Superior Court. That finding by the judge subjected Mr. Nyamekye to enhanced penalty provisions that call for a sentence in his case of not less than 3 years nor more than 15 years in state prison.

Still pending against Mr. Nyamekye, a reputed gang member, are charges stemming from an Oct. 17, 2005, shooting on Falmouth Street and the discovery of 36 grams of cocaine during the same search that yielded the handgun and ammunition.

Prosecutors allege that Mr. Nyamekye fired five shots at 27-year-old Shaonte Bottom on the night of Oct. 17 in front of 11 Falmouth St., leaving bullet holes in the vehicle she was driving. The woman, who was not injured, identified Mr. Nyamekye as her assailant.

The pending charges against Mr. Nyamekye include armed assault with intent to murder and cocaine trafficking.

At the request of Mr. Nyamekye’s lawyer, Henry F. Owens III, and Assistant District Attorney Michael J. Ball, Judge Agnes postponed Mr. Nyamekye’s sentencing until Monday and ordered that he be held without bail until then.

Mr. Owens said it was possible that the remaining charges against his client, as well as a pending violation of probation matter, could be resolved at that time. Judge Agnes said the assault with intent to murder charge would be tried Monday if no agreement is reached.
 
No worries he wont do more than a year. Why lock him up when there are law abiding citizens to hassle?
 
No worries he wont do more than a year. Why lock him up when there are law abiding citizens to hassle?

Yeah really. And the sad thing is that the liberals will pat themselves on the back for getting this guy off the street in the same motion they sign legislature to keep guns out of our hands in order to prevent this sort of thing from happening again... [angry] [frown] [angry]
 
possession of a .380-caliber semiautomatic handgun and several rounds of ammunition without a firearm identification card.

IFF this was actually true and not a journalistic error of fact, that would mean that the prosecutor and judge must be living under a rock since 1998!

FIDs have been useless for handguns since Ch. 180 of the Acts of 1998.
 
IFF this was actually true and not a journalistic error of fact, that would mean that the prosecutor and judge must be living under a rock since 1998!

FIDs have been useless for handguns since Ch. 180 of the Acts of 1998.

The weird thing is Len I see this appearance in newspapers all the
time. I never see the newspapers say that anyone has been charged
for failure to have a license to carry.

In fitchburg not that long ago some gangbanger apartment was raided and
an AR type rifle was found and a bunch of loaded magazines.

Guess what the charge was: "Posession of a firearm without an FID
card" or at least thats the way it was printed.

I've never seen any charges printed referencing "large capcity" weapons
and the like, or "posession without a license to carry".

Either its some weird journalist error, or the courts really are prosecuting
these guys with lesser charges for some bizarre reason. Maybe a base
charge of "no FID" is easier for them to get it to stick than it is to
try to get them on a full blown no-ltc charge in the case of a "large capacity"
rifle or handgun?


-Mike
 
The weird thing is Len I see this appearance in newspapers all the
time. I never see the newspapers say that anyone has been charged
for failure to have a license to carry.

In fitchburg not that long ago some gangbanger apartment was raided and
an AR type rifle was found and a bunch of loaded magazines.

Guess what the charge was: "Posession of a firearm without an FID
card" or at least thats the way it was printed.

I've never seen any charges printed referencing "large capcity" weapons
and the like, or "posession without a license to carry".

Either its some weird journalist error, or the courts really are prosecuting
these guys with lesser charges for some bizarre reason. Maybe a base
charge of "no FID" is easier for them to get it to stick than it is to
try to get them on a full blown no-ltc charge in the case of a "large capacity"
rifle or handgun?


-Mike


So, in the situation of Mr. Nyamekye Jr., what was the actual charge?

"Unlawful posession of a firearm without a license"?

Or...

"Unlawful posession of a firearm by a prohibited person/felon"?

I ask because, if it's the former (and if I understand the law correctly, a jury can not be informed of any previous convictions the defendant may have), I would utilize my right to jury nullification and vote for acquittal (since I firmly believe that a license to simply posses a firearm violates the 2nd amendment).

I know... pulling a jury nullification maneuver is practically guaranteed to set myself up for a pissing match with the judge.

However, if I had somehow been made aware that the defendent had a felony conviction (as in the charge being a prohibited person in posession of a firearm), I most likely would have voted guilty.
 
Am I the only one who wants to see Truth - In - Sentencing here ? [thinking]
If you're sentenced to three years, or twenty to life I feel the criminal should do the full three, twenty or whatever before getting out, or becoming eligible for parole.
 
Am I the only one who wants to see Truth - In - Sentencing here ? [thinking]
If you're sentenced to three years, or twenty to life I feel the criminal should do the full three, twenty or whatever before getting out, or becoming eligible for parole.

No, you're not.

I think this might be one thing which could save Healey as a LOT of people want this.
 
So, in the situation of Mr. Nyamekye Jr., what was the actual charge?

"Unlawful posession of a firearm without a license"?

Or...

"Unlawful posession of a firearm by a prohibited person/felon"?

Undoubtedly the former. State law (at least in Massachusetts) doesn't talk about prohibited persons or felons (except as disqualifiers for FID/LTC), only the requirement for having a license. Federal law is the exact opposite, with no mention of licenses or permits, only prohibited persons (including felons).

Ken
 
I totally agree. I just don't understand how someone gets a 20 year sentence and then gets out in 7 years or whatever. What the hell??? [rolleyes]

Am I the only one who wants to see Truth - In - Sentencing here ? [thinking]
If you're sentenced to three years, or twenty to life I feel the criminal should do the full three, twenty or whatever before getting out, or becoming eligible for parole.
 
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