Prosecutors weigh gun charges against Detroit Lions Jameson Williams

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New controversy swirls around Detroit Lions wide receiver Jameson Williams and Detroit police after the department submitted a request for weapons charges against the football player to the Wayne County Prosecutor’s Office.

The issue: Was Williams unlawfully in possession of a gun and the police let him go free?

Although the law seems clear on this, the circumstances – at least a legal point of view suggests – leave some room for confusion and interpretation. It is also a situation that other well-known athletes in the state have faced.

The prosecutor’s office told the Free Press on Wednesday that it is reviewing the case and it may take time to decide whether to press charges. Meanwhile, prosecutors added, police are investigating whether officers violated internal policies or laws.

Concerns about whether Williams and the police department broke the law surfaced Tuesday when WXYZ-TV (Channel 7) reported a traffic stop he was involved in earlier this month and released clips of video footage of the stop by police.

Many seem to weigh themselves on Wednesday over the water cooler, lunch and talk radio.

Under Michigan law, a gun owner must have a valid concealed handgun license to legally carry a loaded weapon in a motor vehicle, according to Patrick O’Keefea Lansing defense attorney who has also been an assistant prosecutor.

Other lawyers agree, but at least one told the Free Press that in this case there could be some nuance or a legal defense strategy that could come into play, mainly what lawyers call “constructive possession.”

What is the potential charge?

Prosecutors declined to discuss potential charges — or Michigan gun laws.

But based on WXYZ’s reporting, O’Keefe said, it appears police gave Williams special treatment — and a pass.

Williams, the TV report said, was a passenger while his brother was driving and pulled over on Oct. 8 on suspicion of speeding. Officers found two guns, one registered to the driver, who allegedly had a concealed weapons permit, and one registered to Williams.

Williams, according to the report, had his gun hidden under his seat but does not have a permit.

Initially, police handcuffed Williams.

A firearms violation would potentially be a five-year felony.

But the football player was released by a sergeant who first consulted with his supervisor, according to WXYZ’s report. By doing so, O’Keefe said, Detroit police inadvertently sent a message that celebrities don’t have to obey the law.

Concealed carry permits

Dan Geherina longtime defense attorney in Ann Arbor who earlier in his career had been a prosecutor in California said that if the reports are correct that the driver had a permit, what could make this case different is an argument that a permit could cover both weapons.

The key factor in whether Williams is charged, the attorney said, is whether he knew the gun was in the car, which he did, according to the news report.

It’s also possible, the defense attorney added, since there appeared to be no immediate danger — for example, no one was injured or even used the weapon — the officers chose to err by not making an arrest.

Ultimately, it is up to the prosecutor to decide whether to press charges and a judge to decide whether to sign the warrant.

The prosecution also has some flexibility as to which crime to charge. Instead of a felony, Williams could face a misdemeanor, such as unlawful transportation of a handgun, which carries a lesser penalty. Or he could not be charged at all.

Judging by the number of calls he gets from potential customers, Geherin said many people just don’t know that a concealed handgun permit is required to carry a loaded handgun in a car in Michigan. Lawmakers likely wrote the law that way, he said, to help protect police.

Two years ago, University of Michigan defensive lineman Mazi Smith faced a felony weapons charge but ultimately pleaded guilty to a misdemeanor and was sentenced to a year of probation.

That same year, Eastern Michigan basketball star Emoni Bates was stopped by the Washtenaw County Sheriff’s Office and arrested on two weapons charges. Bates was arraigned the next day. The charges were later dropped.

The process of getting a permit, experts say, is hardly onerous.

It involves taking a half-day gun safety course, being fingerprinted and passing a criminal background check.

An applicant for a concealed handgun license must be at least 21, a citizen or lawfully admitted resident, and, with a few exceptions, a Michigan resident who has lived in the state for at least six months.

In 2022-23, according to state records157,653 concealed weapons permits were issued.

Advocates said a gun owner who does not have a concealed firearm permit can travel with a gun in a car, but only if the gun is unloaded, locked in a gun case and tucked away in a trunk or area inaccessible to the driver or the passenger.

No permit is required to have a registered weapon in your own home.

Williams faces more questions

The latest news report puts Williams under further public scrutiny, particularly by those who believe he should be held to a higher standard because he is a role model for impressionable children.

Williams is already facing other questions from the league and fans.

He was recently suspended for two games for violating the NFL’s performance-enhancing drug policy, though said the player he does not take nutritional supplements, vitamins or over-the-counter medications.

“At no time did I ever take anything in an attempt to cheat or look for an unfair advantage,” Williams said. “I understand that I am responsible for everything that goes into my body, and I have to take responsibility in this case.”

A statement Tuesday from the Lions to WXYZ said Williams disclosed to the team that he was a “passenger in a routine traffic stop” and the organization “discussed the incident with him and has kept the league informed” and the police department is reopening the case. .

Williams, the Lions added, offered no further comment.

Contact Frank Witsil: 313-222-5022 or [email protected].