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为保护女友，所以在车内放置有上膛枪支！会被判刑吗？
Defendant Claims Loaded Gun in Vehicle for Girlfriend’s Safety; Judge Rules Doesn’t Matter
被告声称车内装有上膛枪支，以保护女友的安全;法官的裁决并不重要
SACRAMENTO – A defendant appearing in Sacramento County Superior Court this week for his preliminary hearing told officers that a loaded firearm in his vehicle was there for his girlfriend’s safety because of her “suicidal” thoughts.
萨克拉门托——本周，一名被告在萨克拉门托县高级法院参加了他的初步听证会，他告诉警察，他车上的一支装有子弹的枪是为了他女朋友的安全，因为她有自杀的想法。
However, Judge Ernest W. Sawtelle said it really didn’t matter, and set the matter for trial.
不过，法官欧内斯特w萨特勒(Ernest W. Sawtelle)表示，这真的无关紧要，并将此案交由审判。
On May 7, at approximately 1 a.m., defendant Jeremiah Ferguson was stopped and arrested on one count of possession of a firearm and one count of a felon concealing a weapon in a vehicle.
5月7日凌晨1点左右，被告耶利米·弗格森(Jeremiah Ferguson)因一项持有枪支罪和一项在车辆中藏匿武器罪被逮捕。
Deputy District Attorney Nick Karp called Deputy Gabriel Rodriguez, who testified that, when dispatched on the night of the incident, he was driving and he noticed a black sedan with a missing license plate. Rodriguez conducted a traffic stop on this vehicle.
尤蒂地方检察官尼克·卡普打电话给加布里埃尔·罗德里格斯副检察官，罗德里格斯作证说，事发当晚，他被派去执行任务时，正在开车，发现一辆黑色轿车的牌照不见了。罗德里格斯对这辆车进行了交通拦截。
He made contact with the driver, who was identified as Ferguson, the defendant. Upon immediate inspection, Rodriguez noticed and identified a marijuana pipe with a green, leafy substance inside of it. It was located on the center console of the vehicle.
他与司机取得了联系，司机被确认为被告弗格森。在立即的检查中，罗德里格斯注意到并确认了一个大麻管，里面有一种绿色的多叶物质。它位于车辆的中控台上。
Rodriguez proceeded to ask Ferguson if there were any weapons in the vehicle, and Ferguson admitted there was a firearm located in a rear compartment of the passenger seat, probably a small, semi-automatic handgun.
罗德里格斯接着问弗格森车上是否有武器，弗格森承认在副驾驶座位的后车厢里有一支枪，可能是一把小型半自动手枪。
When Deputy Rodriguez went to retrieve the gun, he explained that something could be identified in the pocket, but its shape could not be immediately identified as a gun. Rodriguez said he didn’t have to manipulate the pocket to discover a firearm there, nor did it seem to have been manipulated in the first place.
当罗德里格斯副警长去取枪时，他解释说，口袋里有东西，但不能马上辨认出它是把枪。罗德里格斯说，他发现枪支，而且它似乎一开始就没有被操纵过。
Karp then asked if the gun was loaded. After a brief pause from Rodriguez to consult his report, Judge Sawtelle asked: “Does it matter if it was loaded? It’s not one of the elements of the crime is it?”
卡普接着问枪里有没有子弹。罗德里格斯稍作停顿，查阅了一下他的报告后，索特勒法官问道:“是否装载有关系吗?这不是犯罪的要素之一吧?”
“It’s pursuant to the allegation 25400(c)(6)” responded Karp. This section essentially states that if certain conditions are met, imprisonment of up to one year and a fine of at most $1,000. At this moment, an additional allegation was revealed to the court that had not been noticed before.
“这是根据第25400(c)(6)号指称。”卡普回答。本节主要规定，如果符合某些条件，最高可判处一年监禁和最高1,000美元罚款。此时，又向法院披露了一项以前没有注意到的指控。
Defense attorney Jonathan Gonzalez began by focusing on the defendant’s driving. Deputy Rodriguez noted that the defendant was not driving erratically. He simply pulled him over due to the missing license plate. When pulled over, Ferguson complied with all of Rodriguez’s orders and acted calmly.
辩护律师乔纳森·冈萨雷斯开始关注被告的驾驶情况。罗德里格斯副警长指出，被告并没有乱开车。他只是把他拦在路边，因为他的车牌不见了。在把车停在路边时，弗格森听从了罗德里格斯的所有命令，表现得很平静。
Upon stopping him, however, Rodriguez observed the odor of burnt marijuana and saw the marijuana pipe. This is what Rodriguez says led to the search of the vehicle.
然而，在阻止他的时候，罗德里格斯观察到了大麻燃烧的气味和大麻烟斗。罗德里格斯说，这导致了对车辆的搜索。
Defendant Ferguson explained that the reason he had the gun in his car was for the safety of his girlfriend. His girlfriend was not in a stable state of mind, harboring many and strong thoughts of suicide, he said.
被告弗格森解释说，他把枪放在车里是为了他女朋友的安全。他说，他的女友精神状态不稳定，有很多强烈的自杀念头。
The defendant added that he was aware that his girlfriend owned a gun. Out of worry for his girlfriend, he took the firearm and concealed it in his vehicle.
被告补充说，他知道他的女朋友有一把枪。出于对女友的担心，他拿起枪藏在车里。
After Karp’s submission of evidence, Gonzalez submitted a request for a 17(b) motion, a reduction of Count 1 to a misdemeanor, and noted the defendant has a minimal criminal record, he complied with the officers in a calm, honest approach, didn’t intend on using the firearm and the reason for possession of it is undisputed.
卡普提交的证据后,冈萨雷斯提交了一份要求17 (b)运动,减少数1到一项轻罪,并指出被告有一个最小的犯罪记录,他遵守警察冷静,诚实的方法,不打算使用枪支和拥有它的原因是无可争议的。
The defense argued that while, on record, the defendant is considered a felon, that was due to a mistake on the defendant’s part. He had an opportunity to reduce his felony charge to a misdemeanor, but did not act in time and missed his chance.
辩方辩称，虽然根据记录，被告被认为是重罪犯，但这是由于被告犯了错误。他本来有机会将重罪减为轻罪，但他没有及时采取行动，错失了机会。
Judge Sawtelle acknowledged the arguments made and said it would be good for sentencing purposes. However, Judge Sawtelle found the charges to be appropriate and added that, even if it were for his girlfriend’s safety, the defendant was still in possession of a concealed firearm and it would still be a crime if it were found in his home.
Sawtelle法官承认了这些论点，并表示这将有利于量刑。然而，法官Sawtelle认为这些指控是适当的，并补充说，即使是为了他女朋友的安全，被告仍然隐藏着枪支，如果在他家里发现它仍然是犯罪。
Not only that, but the firearm was loaded, said the judge, adding, “Would be a better argument if the gun wasn’t loaded.” He denied the request for a misdemeanor reduction.
不仅如此，这支枪上了子弹，法官说，“如果枪没有上子弹，这将是一个更好的论证。”他拒绝了减轻轻罪的要求。
The next pretrial hearing is set for Dec. 22, 8:30 a.m., in Dept. 62.
下一次审前听证会定于12月22日上午8时30分在62室举行。
Eric J. Trochez is a recent graduate from UC Davis. He is from Los Angeles, California. He majored in Political Science and Italian. His hobbies include video games and YouTube. Subscribe to my channel @Tromanzo ND (lol).
Eric J. Trochez是加州大学戴维斯分校的一名应届毕业生。他来自加利福尼亚州的洛杉矶。他主修政治学和意大利语。他的爱好包括电子游戏和YouTube。订阅我的频道@Tromanzo ND (lol)。
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发表于 2020-12-14 15:05:45
发表于 2023-1-6 16:37:54