Day by Day Cartoon by Chris Muir

Saturday, March 10, 2012

Update on the Milwaukee Aldi incident

The citizen is still disarmed.

Greetings in Freedom,
 
I would like to take this opportunity to update you on the status of the effort to get the Milwaukee Police Department to release the firearm that the legally armed citizen used in the Aldi's store in Milwaukee to dispatch an armed robber.

First, thank you to the thousands of you who emailed and called the Milwaukee Mayor and Common Council members who sit on the Public Safety committee.  Your voice was heard.
 
The Public Safety Committee met subsequent to your emails and phone calls and were briefed by the Milwaukee Police Department on the status of the gun being held.  UNFORNTUNATELY, the Milwaukee Police Department continues to take the vague position that the gun is "evidence".  Wisconsin Carry vehemently disagrees.  
 
After your emails and phone calls, the Milwaukee Police Department made a posting on their Facebook page:  http://www.facebook.com/milwaukeepolice

In that posting they had a memo from Alderman Puente who sits on the Public Safety Committee who said the police had briefed him and the gun was needed as evidence because a bullet was removed from the leg of the armed robber.  THIS STATEMENT CONFLICTS WHAT THE DETECTIVES ON THE SCENE told the armed citizen the night of the robbery.  Detective Reaves told the armed citizen that "the bullet passed through" the robbers leg. Therefore, the only way to tie the robber the scene of the crime is not the connection between the gun and bullet, but the bullet and the robber. If the bullet was recovered from the wall of the store and contained the robbers DNA that would tie the robber to the scene with physical evidence (as would any blood on the floor, the shotgun the robber dropped and left behind) and also the video surveillance and dozens of eye witnesses.  The gun of the armed citizens provides no forensic connection to the robber since the bullet passed through.  The bullet would make a connection if it contained DNA.  Wisconsin Carry is not asking the police to release the bullet (if recovered from the store).

I responded to the facebook posting asking Alderman Puente to CONFIRM that the police told him a bullet was removed from the leg of the robber and at that point, the facebook posting was REMOVED by the Milwaukee Police Department. 

Did MPD misrepresent the truth to the public safety committee? 

Wisconsin Carry believes the police cannot articulate a logical reason how the gun the armed citizen used can be used to connect the robber to the scene but they are misleading or being intentionally vague in their claim that "the gun is evidence".  A claim that cannot be supported by the facts we have. 

Please contact Alderman Puente and ask him if his statement on MPD facebook page that "a bullet was removed from the robbers leg" was true.  Ald. Robert W. Puente, Vice Chair (414) 286-2221 E-mail rpuent@milwaukee.gov

Even if that was true (which our information from Detective Reaves on the night of the robbery contradicts) the police could test fire Nazir's gun for ballistics confirmation, photograph it, and return it to him. 

We believe this represents a continued pattern of MPD confiscating even legally owned guns that were not involved in any crime and doing everything they can to avoid returning them to the law-abiding citizens who own them violating their 4th amendment civil rights.
 
Below is the original press-release and email message.  Please continue to contact the members of the public safety committee and Milwaukee Mayor Tom Barrett and ask them to demand MPD articulate a reason why a law-abiding citizens gun is not being returned to him.
 
Carry On,
 
Nik Clark
Chairman/President - Wisconsin Carry, Inc. 
nik@wisconsincarry.org
www.wisconsincarry.org
www.facebook.com/groups/wisconsincarry
www.youtube.com/wisconsincarry
www.twitter.com/wisconsincarry.
 
(original press release/email below)
 
-------------------------------------------------------
 
Wisconsin Carry, Inc. issued the following press release a few minutes ago:
-------------
For Immediate release:

On January 30th, 2012 a law-abiding Wisconsin concealed carry license holder, Nazir Al-mujaahid, used his sidearm to shoot a shotgun-wielding armed robber who had entered a north-side Aldi's grocery store in Milwaukee and threatened the cashier and customers. As is standard protocol, the armed citizen's holster, gun, and ammunition were taken into evidence by the Milwaukee Police Department.

A few days later the Milwaukee District Attorney's office cleared the armed citizen of any wrong-doing and declared the shooting justified.

Despite being exonerated by the DA, making repeated attempts to obtain the return of his firearm from Milwaukee Police, and sending a letter to the DA's office requesting assistance in the return of his property, Mr. Al-Mujaahid's gun remains in Police possession.

Wisconsin Carry, Inc. has observed what appears to be a pattern of civil-rights infringing behavior from the Milwaukee Police Department. The Milwaukee Police Department appears to have a practice of concocting baseless reasons to seize any and all guns they come across in the City - even when those guns have never been used in connection with a crime. The Police Department also appears to have a practice of refusing to return firearms or unduly delaying the return of firearms that were seized incident to an arrest despite the fact that no charges were brought or when the gun owner is exonerated by the court system. 

WCI believes that these acts by the Milwaukee Police Department represent violations to law-abiding citizens constitutionally guaranteed right to be free from illegal seizures of their private property and their Constitutionally recognized right to keep and bear arms. 

As Wisconsin Carry considers whether legal action against the City of Milwaukee is justified or required to correct this apparent illegal and immoral behavior, we call on the Milwaukee Police Department to return Mr. Al-Majaahid's gun to him without delay. 


(end or press release)
-------------------------------

Today Wisconsin Carry would ask that our members begin making contact with the Milwaukee Common Council and Milwaukee Mayor Tom Barrett and demand that they take action and have MPD return Nazir's gun to him to prevent Milwaukee from exposing itself to possible litigation from Wisconsin Carry, Inc. Milwaukee just paid a settlement to Wisconsin Carry this past fall that the Common Council had to approve because of MPD's actions and refusal to return property to a citizen who was cleared of any wrongdoing yet his gun never returned. They should be familiar with our organization and our propensity NOT to make idle suggestions of filing litigation against the city.

Ask Mayor Tom Barrett and the members of Common Council Public Safety to side with the law-abiding citizen who defended himself and others from a shotgun-wielding thug and implore Milwaukee Police to return the "Aldi's armed citizen", Nazir's gun to him immediately.

Milwaukee Mayor Tom Barrett:

(414) 286.2200 mayor@milwaukee.gov

Milwaukee Common Council Public Safety Committee:

The Public Safety Committee is concerned with issues brought forth from the fire, police, health and neighborhood services departments.

Members:
Ald. Robert G. Donovan, Chair 
(414) 286-2221 E-mail rdonov@milwaukee.gov

Ald. Robert W. Puente, Vice Chair
(414) 286-2221 E-mail rpuent@milwaukee.gov

Ald. Terry L. Witkowski
(414) 286-8537 E-mail twitko@milwaukee.gov

Ald. James N. Witkowiak
E-mail jwitko@milwaukee.gov

Ald. Joe Davis, Sr.
(414) 286-2221 E-mail jldavis@milwaukee.gov

Wisconsin Carry, Inc. will continue to use an "all of the above" approach to advancing and protecting the right to carry of law-abiding Wisconsin residents. This approach will include civil litigation, public relations, grass-roots legislative activism, and education/training.

Carry On,

Nik Clark
Chairman/President - Wisconsin Carry, Inc. 
nik@wisconsincarry.org
www.wisconsincarry.org
www.facebook.com/groups/wisconsincarry
www.youtube.com/wisconsincarry
www.twitter.com/wisconsincarry

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