And, I haven't seen anybody yet in this thread that thinks he will get convicted of the gun charges. Good luck getting somebody to take that bet.
No evidence? No care.
PHARAOH, PHARAOH!! LET MIKE PEOPLE GO!
IF THE GLOVE DON'T FIT, YOU MUST ACQUIT!
you get the point.
The gun possession charges will almost assuredly be dismissed.
This will wind up a marijuana possession conviction for Goodson after all is said and done. I expect the same penalty that Shaun Ellis got. (Same county)
In light of that, the only other way to prove knowledge would be if Goodson admitted to knowing that the gun was in the car.
I don't even think Goodson will be indicted, no less convicted.
As far as the possession of a weapon charge goes, this is an extremely weak case against Goodson.
Although, if his buddy were to testify that Goodson knew about the weapon (perhaps because he's seen him take it out of the glove compartment several times in the past), that would also demonstrate knowledge. I'm not suggesting that is present here, just a possibility.
They are covered under the same statute as you pointed out. My point was that there are different facts that must be proved & articulated upon to support either possession or constructive possession. For example - How the gun was first discovered in the vehicle, Was it in plain view or concealed somewhere? Was it in a locked glove compartment or was it under the seat? Was the gun's proximity in the vehicle closer to the driver or the passenger?
The arresting officer's affidavit (or arrest report if you will) has to specify somewhere in the narrative whether the subject was in physical possession of the weapon or if he simply knew the gun was there and had access to it - even though the statute number is the same, the distinction between possession & constructive possession still has to be made & documented in the arrest affidavit. That was my point.
Last edited by ARodFLKeysJetsFan; 06-13-2013 at 12:15 PM.
I would think Goodson's friend would have enough street smarts not to put him in that position.
From my experience, when the driver claims ownership of a gun in a vehicle, 9 times out of 10, the very next thing the driver will say is the passenger or passengers didn't know about it.
Of course, that's just me speculating out loud.
Last edited by ARodFLKeysJetsFan; 06-14-2013 at 10:27 AM.
This whole "debate" started when it was announced that the driver claimed ownership of the gun.
Some posters then assumed that because of the driver's admission the gun charges will be dropped.
I responded that this was "not necessarily true" b/c the prosecutor had that info from the get go and still filed the charges:
No one ever said he was going to be convicted.Not necessarily true.....
The prosecutor/DA obviously had a copy of this police report when charges were filed, but still filed gun charges against Goodson, despite the driver claiming ownership.
Doesn't sound to me like the Prosecutor/DA is just gonna drop the charges because the driver claimed ownership.....
But now we are at the GJ stage....which could go on for months....so Goodson isn't exactly out of the woods just yet.
42 pages of discussion, and people wonder why the world needs and yet hates lawyers.
Did you guys forget, or not know this? Goodson was NOT driving!
He was a passenger.
Stupid to be out getting that shlthoused when you make that kind of money, but, really... Who here has never gotten drunk and passed out in a friend's car?
Anyone? (I probably won't even believe you if you deny it, unless your a 12 year old Tebowite)
In the end Mr. Goodson will most likely make an application for pretrial intervention and not have to make a plea of guilt. He will be put on a one or two year probation where the charges shall be dismissed. He may want to see what the grand jury finds first but it's up to him and his lawyer to figure out his legal strategy. I am a little more interested in the drug charge to see its going to be a conditional discharge or if it is going to be tried in court.
What's the delay, aren't grand jury findings returned quickly? Like the next day?