Charges Dismissed in New York Gun Case

Concealed Carry License
A level of justice has been done in this case, but New York enforcers and prosecutors will continue acting like the sword is reserved for them.

U.S.A. – -(Ammoland.com)-All gun charges against a New York man have been dismissed, the County of Westchester Court ordered Jan. 18. Judge George E. Fufidio dismissed the charges pursuant to a motion by the prosecution following a December order that concluded a Colorado concealed handgun permit was insufficient justification for police to search defendant Jonathan Rose’s car during a traffic stop. Because of that, all evidence alleged to have been obtained was ordered suppressed.

The order dismisses nine charges against Rose, including “class C violent felonies of Criminal Possession of a Weapon in the Second Degree (two counts), Criminal Possession of a Weapon in the Third Degree (three counts) [and] Criminal Possession of a Weapon in the Fourth Degree (four counts).”

Rose, as AmmoLand Shooting Sports News reported last month, had recently moved to New York and inadvertently handed over “a valid Grand County Colorado concealed handgun permit” along with “a valid Colorado driver's license [and] a valid New York identification card” while looking for his vehicle registration after being pulled over for a missing front license plate. As further reported, Judge Fufidio found that sworn testimony of arresting Rye City Police officers was not borne out by police video camera and microphone evidence, and a recording from Rose’s cell phone.

As this column pointed out, Westchester County Assistant District Attorney Kevin Jones also made a significant misrepresentation of the facts in his Affirmation in Opposition to Rose’s motions. That, along with police testimony that misstated what was documented in the arrest record transcript, made it appear that the defendant was the one playing fast and loose with the truth, instead of his accusers and the prosecutor.

The motion to dismiss acknowledges none of that, but instead cites “the People are unable to sustain their burden to prove this matter beyond a reasonable doubt” due to the evidence suppression order.

The dismissal and sealing of the matter are a vindication for Rose. It will end a long, expensive and terrifying ordeal that could have separated him from his children for years and rendered him a “prohibited person,” forever barred from “legally” owning a gun. It also helps refute some in the comments left under the last AmmoLand report denying official misconduct, and attacking the defendant and the reporting derived from court documents.

“Knowing your rights and protecting yourself is critical,” Rose tells AmmoLand Shooting Sports News. “I can't stress the importance of video to keep people honest. Without it I would be in jail for the next 15 years and my children would have been fatherless”

See order of dismissal at https://www.scribd.com/document/398075352/Jonathan-Rose-Order-of-Dismissal


About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.

He blogs at “The War on Guns: Notes from the Resistance,” is a regular featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

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    IggyMikeRossCaptain Bobraptor jesusCLF3 Recent comment authors
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    Iggy
    Guest
    Iggy

    Excellent reporting Codrea. Long time reader, first time commenter. It is very important that we all learn the lessons taught by this horrific event. Our government can damage us so easily, using our own money no less, through wrong-headed and/or black-hearted bureaucrats and most of us tend to assume the government is right. If you’re by yourself and are instructed to pull over, immediately turn on your cell phone video and either aim it at yourself or put it on the seat aimed in your direction, but out of easy reach. You are legally allowed to record yourself without anyone’s… Read more »

    MikeRoss
    Guest
    MikeRoss

    It’s sad to see American peace officers acting like police state goons. Most are good cops, but it’s scum like this that turn people against the police.

    raptor jesus
    Guest
    raptor jesus

    Fuck the police.

    james
    Guest
    james

    The Gov. used to say ‘you don’t need 30 rounds to kill a deer’, today he says 10 rounds.

    circle8
    Guest
    circle8

    Are you saying that two NEW YORK POLICE OFFICERS and a DISTRICT ATTORNEY lied about a criminal case in their jurisdiction???? REALLY? Are they being prosecuted or at least disciplined? If not WHY NOT. Because these states are more criminally liable than the accused. WHEN is the prosecuting agency going to be held liable for their actions? Only then will the citizens be safe from these scumbags.

    Hoss
    Guest
    Hoss

    I’ve been pondering; Just suppose that factions were in place to rectify judicial tyranny, and at a predetermined time those that have proven to be enemies of justice, and the Constitution of the United States, from the local to the highest office are removed? Makes a body wonder, or hope!

    Alan
    Guest
    Alan

    What has happened to LEO officers these days? Brainwashing by the politicians or in the Academy? As a retired LEO I took guns away from criminals and locked them up. I had no problem with gun owners and was once backed up by an armed citizen when making a felony stop on a robbery suspect when backup was minutes away.
    Law enforcement officers are starting to really look like clowns sending SWAT teams out to arrest people, example Roger Stone, like he was El Chapo or Al Capone.

    Robert
    Guest
    Robert

    Well if they took his firearm(s) ,thats stealing and its a firearm (s) who keeps the listed firearm property from him is in violation of ffl laws

    Douglas G
    Guest
    Douglas G

    The one’s playing “fast and loose” are the city/county employees who will not be held to account for the damages to Mr. Rose’s life and finances. From the government’s perspective, they have all the money in the world to go after someone and they do that a thousands times daily, with impunity. This is not the government the Founder’s had in mind. This is the prime example of Tyranny and the result of Big Government accountable only to themselves. Our country has gone so far astray from the Founder’s ideals, I doubt we’ll ever get it back. The best we… Read more »

    Oldvet
    Guest
    Oldvet

    Was Mr. Ross an NRA member ? If so where is the ILA and NRA ? In a case like this would one even have to be member ?

    CLF3
    Guest
    CLF3

    “The NRA supported The National Firearms Act of 1934 which taxes and requires registration of such firearms as machine guns, sawed-off rifles and sawed-off shotguns. … NRA support of Federal gun legislation did not stop with the earlier Dodd bills. It currently backs several Senate and House bills which, through amendment, would put new teeth into the National and Federal Firearms Acts.” —American Rifleman, March 1968, P. 22

    tomcat
    Guest
    tomcat

    First of all, I pity the guy if he had to move to NY because of work or whatever. If he did it just to live in NY then I don’t pity him so much. Second, a gun in Ny is like a turd in a punch bowl. If you own one they will come with their jack boots on and stomp you. If you want to move there to abort a baby at nine months, that is ok with them as long as you didn’t bring your gun. In other words, it is ok for them to legally kill… Read more »

    Rich
    Guest
    Rich

    No, the big apple doesn’t suck, it’s the demacrat libs that suck

    Ron
    Guest
    Ron

    One NY resident to another, yea the big apple does suck along with the demoncrap politicians they continually elect.

    Lee
    Guest
    Lee

    I would think he would have grounds to sue for damages given provable prosecutorial misconduct and perjury are already a matter of public record.

    Wild Bill
    Guest
    Wild Bill

    @Lee, 42 USC 1983, Lawyers should be lining up to interview for the interview to be on his attorney staff to capture the entire Rye City and Wetschester County operating budgets, for the next ten years.

    Captain Bob
    Guest
    Captain Bob

    If they don’t prosecute the lying SOBs it encourages other crooked LEOs to do the same shit to other innocent people.

    RedKlayBlues
    Guest
    RedKlayBlues

    I reckon I’ll be in New York right after I get back from Detroit since I have no plans to ever go to Detroit again….

    EdH
    Guest
    EdH

    *****As this column pointed out, Westchester County Assistant District Attorney Kevin Jones also made a significant misrepresentation of the facts in his Affirmation in Opposition to Rose’s motions. That, along with police testimony that misstated what was documented in the arrest record transcript, made it appear that the defendant was the one playing fast and loose with the truth, instead of his accusers and the prosecutor.*****

    I recently retired from LEO in Pennsylvania. We would call this perjury and suborning perjury. This is a crock and they should all be charged. They have lied and they can not be trusted.

    Robert Trate
    Guest
    Robert Trate

    Thank you for your public service to your community. Thank you for standing tall and supporting the constitutional laws and your oath of office. It’s sad that there are LEO that violate that oath and give good officers as yourself a bad name.

    Henry
    Guest
    Henry

    It’s sad, but inevitable. That’s why it doesn’t really matter how many cops are good cops, unless that number is 100%, which it never will be. It’s like asking how many mushrooms in the wicker basket you just served were not poisonous — those aren’t the ones that matter, only the deadly ones mattered.

    Missouri Born
    Guest
    Missouri Born

    Nine charges is an over zealous police officer and prosecutor unless Rose had a carload of firearms, all for not having a front license plate on his car to justify the stop, did he even get a traffic ticket.
    Sounds like a couple of civil servants wanting to make a name for themselves.

    Ronald ` Renken
    Guest
    Ronald ` Renken

    the article states that the district attorney MISstated some facts about the case, in other words, he LIED

    Tionico
    Guest
    Tionico

    coppers must swear that the information they present in warrants and indictments is true and correct, under penalty of perjury. Their attestations were NOT “true and correct”, thus they have committed felony perjury. Their punishent, biblically speaking, would be to suffer the punishment their victim WOULD have received had they been correct, or had their lies been believed and acted upon. In other words, these lying dirtballs in blue trashbags bedecked with shiney badges need to be laying out the fifteen years their victim would have gotten had he not had a judge with a few specks of integrity inside… Read more »

    bill
    Guest
    bill

    Roger that!

    James Russell Bailey
    Guest
    James Russell Bailey

    The more proper term used for this type of action, but only against us mere peons, that is those of us without badges or prosecutorial power, it’s called perjury. Since this occurred in the state of New York, I have zero faith that the State Attorney General will do anything but look the other way. Which means someone should contact the hopefully new US Attorney General, Mr Barr, and ask the federal charges concerning the violation of the gentleman civil rights be laid against the cops and the prosecutor. I’ll go ahead and just go to my cupboard and pull… Read more »

    NormRR
    Guest
    NormRR

    Why were there so many counts allegelled? Was more than 1 gun in the car? He states 15yrs in prison possible?
    Thanks for the warning about moving into different states.

    Hoplite
    Guest
    Hoplite

    The Deep State is much deeper than than anyone can imagine or believe. Gov Cuomo of NY is proof of that. And sadly the Catholic Church has also been infiltrated at the highest levels. Decades ago when I laughed at those who spoke of UN troops and black helicopters,damn, maybe they were right.

    Barbara Kaufer
    Guest
    Barbara Kaufer

    if you really want something to make the hair on the back of your neck stand up, go to youtube and search Dan Bongino Connect The Dots. then share the hell out of that video. Thank you.

    John
    Guest
    John

    As a retired LEO, I not only welcomed CCW permit holders today I teach the course. The police and prosecutor in this case appear to have failed in their oath of office. If found warranted, criminal action should be forthcoming, at the very least, administrative consequences!

    james
    Guest
    james

    Yes sir, thanks for your years of Police Service and yes those involved who lied need to answer in court and in civil actions to make Mr. Rose whole.

    rich z
    Guest
    rich z

    Cops, Crooks, and those is HIGH OFFICE get away with MURDER. Yet we, the gun owners of N.Y. can’t even protect ourselves.

    The other Jim
    Guest
    The other Jim

    What angle are the police and prosecutor Kevin Jones using to not return/steal his guns?

    Escaped to florida
    Guest
    Escaped to florida

    WAIT just a minute. I used to live in way upstate so I kind of still watch what’s going on. This is the state that all the
    Dumbacrats got off on corruption charges and when they got to close to that a**hole cuomo he stopped the investigation! This state is so crooked it makes lumbard street in San Francisco look straight

    Highsided
    Guest
    Highsided

    I’m curious if that was enough to disuade him from moving to NY? I can’t believe the state of this State. It’s embarrassing. For all of our heroism throughout history, NY is now becoming the land of NO. Our Governor stated publicly that pro 2A citizens are not welcome. He also recently stated that pro-life citizens are not welcome. He has released violent criminals and given them the right to vote while still on parole. He allows child molesters into school buildings so he can get their vote as well. The man is an egomaniac and a menace. I am… Read more »

    Elvis
    Guest
    Elvis

    My wife and I are looking for property PA, We are sick and tired of the BS that is allowed to go on in this state. That man should have been voted out. He will be the down fall of this shithole of a state!

    joefoam
    Guest
    joefoam

    Will the Rye City police officer be charged with perjury for lying under oath? Equal justice under the law. And these are the people that will be the only ones to have weapons if the State has their way. Folks if you expect to be treated fairly and protected by LEOs take a lesson.

    Steve1371
    Guest
    Steve1371

    And all this in the state where it is perfectly legal to murder babies.

    J.R.
    Guest
    J.R.

    By the omission of the charges being brought against the officer bearing false witness and the prosecutor misrepresenting the facts, I’m assuming that nothing is being carried out against those members of the Justice system?
    Why do I feel that if I were to lie to the court or a judge that my penalty would be harsher than the disapproving head shake they likely received from the judge?

    Macofjack
    Guest
    Macofjack

    One case down and many, many more to go!

    Jfrich
    Guest
    Jfrich

    The Prosecutor and the Leo’s involved need to have charges brought against Them. Mr Rose needs to be fully compensated for the Hell He has undergone!

    Alan
    Guest
    Alan

    Knowing The Peoples Republic of New York he will never get his gun back.

    Todd
    Guest
    Todd

    Alan asks an interesting question. Don’t suppose we’ll ever know the answer.

    Arthur Duff
    Guest
    Arthur Duff

    The increase in the level of hostility against lawful gun owners is deliberate. Law enforcement is forced to deal with the political aspirations of those elected to high office as well as their own job security. Public safety is cuffed in the back seat of every police cruiser in jurisdictions swayed by unconstitutional proceedure to implement and distort truth, justice and lawful prosecution of the law. This example by a cautious citizen serves to provide us all with thoughtful and resourceful behaviors under extreme duress.

    The Green Watch Dog
    Guest
    The Green Watch Dog

    He should be getting back his expenses, court cost, plus damages for this issue!

    Brett
    Guest
    Brett

    in New York? When pigs fly

    TrueBornSonofLiberty
    Guest
    TrueBornSonofLiberty

    The police officer and the prosecutor should automatically each receive the maximum prison sentence that Mr Rose was exposed to.

    Laddyboy
    Guest
    Laddyboy

    @TBSL; ABSOLUTELY CORRECT. These “police” and “prosecuter” LIED about a LEGAL LAW ABIDING American Citizen.