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Title: A Young Mom Was Justified in a Shooting, but a Past Marijuana Charge Means Prison Time
Source:
Reason
URL Source: https://reason.com/blog/2018/08/31/ ... as-mom-justified-shooting-weed
Published: Aug 31, 2018
Author: Zuri Davis
Post Date: 2018-09-01 19:59:40 by Deckard
Keywords: None
Views: 6839
Comments: 47
A young woman who killed an intruder may be heading to prison, even now that authorities have ruled the shooting justified. In December, Krissy Noble shot a man named Dylan Stancoff with her husband's gun when Stancoff forced his way into her Fort Smith, Arkansas, home. Noble was 11 weeks pregnant. The case was sent to the Sebastian County Prosecutor's Office, which determined that the shooting was justified. But Noble still faces felony gun charges because of a previous drug-related conviction. In 2017, Noble pleaded guilty to felony possession of marijuana with intent to deliver as well as possession of drug paraphernalia. (She had been pulled over while riding in a vehicle with friends. Each person in the vehicle received the same charges when no one claimed the items.) She got a five-year suspended sentence, and as part of that was prohibited from either possessing or using firearms. After Stancoff's death, the authorities filed a petition to revoke Noble's suspended sentence. She has since been charged with being a convicted felon in possession of a gun. Yesterday Noble turned herself in, was booked, and was released on a $2,500 bond. Noble gave birth to her son earlier this year. If convicted, she tells ABC News, she could spend a maximum of 24 years in prison. "That's my baby's life," she lamented. "I won't even know my child." Authorities say Krissy Noble was justified in shooting and killing a home intruder while she was pregnant.
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#1. To: Deckard, Governor Clinton nose like a Hoover (#0)
Arkansas Governor William Jefferson Blythe Clinton smuggled tons of Cocaine into the State, and snorted almost that much himself and he hasn't done one day in jail. It's a big club, and you ain't in it! ~George Carlin
President Trump should pardon her, and give her the Presidential Medal of Freedom for killing the scumbag.
If it's state law at issue, the President can't pardon her. The governor could.
Wrong, Trump could drop a MOAB on the Governors mansion and no one would care.
Ummmm...
If the weapon is legally owned by her husband then there should be no charges. She has a constitutional right of defense even if she doesn’t own the weapon. My spidy sense tells me there is more to the story.
Her past marijuana arrest was probably a felony. Being a convicted felon could prohibit her from possessing a firearm. Even if she claims the gun was her husbands, and she shares the same household he keeps his guns in, she still possessed it when she physically used it. Now... when faced with the choice of being carried by six or judged by 12... I’ll always pick being judged by 12... and she made the better choice. She choose to LIVE... which was smart. Now she can live in prison and face the consequences for her past felonious activity. Unless you’re a weak overly sensitive SNOWFLAKE, that exuses personal responsibilities, then any conservative minded person would expect this female to pay for her current behaviors as they relate legally with her past criminal record. What we do in life, ECHOES for eternity. Only liberals think we can wipe history away (remove statues or forgive past arrest records). Dicktard is a snowflake
I'm the infidel... Allah warned you about. كافر المسلح
I don't seeing "posses or uses" of a firearm as constitutional. Now being a felon I can see not possessing ie owning a firearm but to have the state say you can not defend yourself by any means necessary is just wrong by anyway its cut. If there is nothing more to the story then its over reach by the prosecutor. For some reason I think there is more to the story but I could be wrong.
Too bad she doesn't live in Chicago. Oh, they have the same law. They just don't enforce it. Which is why felons carry guns -- and use them -- in Chicago.
I can't see any jury voting to convict her of gun possession, and the prosecutor must realize that.
Ah, no. She got married after the shooting. At the time of the shooting she was Krissy Tran and it was her boyfriend's gun in her apartment. Police also found a .20 gauge shotgun, a .22-caliber pistol and a bolt action rifle in her closet.
Considering Hutchinson is a Republican you're probably right, if it was an idiot like Bubba the tards would be up in arms screaming for his head.
Vegetarians eat vegetables. Beware of humanitarians!
Very bad precedent, even given she was prohibited from owning firearms. Her rights were violated when the intruder entered her home and the firearm was discovered as a direct consequence of that violation of her rights. So that evidence of her firearm violation should not be allowed to be used against her. Otherwise, others in a similar situation will, upon seeing a life endangering threat in the form of a home intruder will be dissuaded from using deadly force to save themselves and others. Their choice will be to suffer either death or serious bodily harm by not shooting, or going to prison if they do shoot. All because someone decided to commit a crime against them. That ain't right.
She needs to get an assault weapon & a pile of standard capacity magazines, in case the gangbangers show up.
When will she be on Hannity?
Krissy Noble pleaded guilty to felony possession of marijuana with purpose to deliver and possession of drug paraphernalia. She is still serving her five years probation. She violated the terms of her probation. She faces revocation of her probation and a gun possession charge. Noble "allegedly brought a .40 caliber handgun from the apartment bedroom and placed it on the TV stand in the living room prior to answering the door." "Officials during the course of their investigation into the incident found a .20 gauge shotgun, a .22-caliber pistol and a bolt action rifle in Noble and her husband’s closet in addition to the handgun used on Dec. 7. The affidavit for warrant of arrest alleges that between Nov. 7-Dec. 7, 2017, Noble possessed firearms." She carried the handgun from the bedroom to the living room and staged it there before opening the door. Also three more weapons were found. She ignored the terms of her probation regarding possession of a gun. She is toast. - - - - - - - - - - By Max Bryan / Times Record / mbryan@swtimes.com Although the shooting death of Dylan Stancoff has been ruled justified, the woman who shot him has been arrested for possession of the gun she used to shoot him. Krissy Lenae Noble of Fort Smith on Thursday was arrested on suspicion of possession of firearms by certain persons. Noble, a convicted felon initially identified by police as Krissy Tran, used a handgun in December 2017 to shoot Stancoff, who attacked her in her apartment. Stancoff on Dec. 7 visited Noble’s apartment on X Street and asked if her husband was home while identifying himself as Cameron White. He left after she told him he wasn’t home, and her husband told her over the phone he did not know a Cameron White, the release states. Noble, who was convicted in February 2017 of felony possession of marijuana with purpose to deliver and possession of drug paraphernalia, allegedly brought a .40 caliber handgun from the apartment bedroom and placed it on the TV stand in the living room prior to answering the door. Noble’s husband told police he told her to leave the gun alone, the release states. Noble picked up the gun and opened the door when Stancoff returned to the apartment. She said he physically attacked her, and that she picked up the gun and shot him three times, the release states. “It is the opinion of this office that Krissy Lenae Noble was justified in her use of force and that this is a justifiable homicide, which does not merit the filing of criminal charges with regard to the homicidal event,” the release states, citing two Arkanstas statutes. Officials during the course of their investigation into the incident found a .20 gauge shotgun, a .22-caliber pistol and a bolt action rifle in Noble and her husband’s closet in addition to the handgun used on Dec. 7. The affidavit for warrant of arrest alleges that between Nov. 7-Dec. 7, 2017, Noble possessed firearms. Noble remained in custody Thursday in lieu of a $2,500 bond, according to arrest records. - - - - - - - - - - - - - - - - - - - - Universal Citation: AR Code § 5-73-103 (2015) (a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. [snip] - - - - - - - - - - - - - - - - - - - - https://law.justia.com/codes/arkansas/2010/title-5/subtitle-6/chapter-73/subchapter-1/5-73-120/ 5-73-120. Carrying a weapon. (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person. [snip] - - - - - - - - - -
Hmmm. What if there was a fire in the bedroom and a fireman found the weapon?
That’s what I was trying to tell the Paultards... thank you. If this criminal cocksucker didn’t wanna be limited to defend herself with a knife, hammer or bat... then maybe the bitch shouldn’t have willingly, intentionally and purposely committed a felony. I have no sympathy for criminals. I leave that up to the snowflakes.. like MSM and Dicktard.
I'm the infidel... Allah warned you about. كافر المسلح
Roger Stone The #NeverTrump LEO's refuse to protect her because of her arsehole tattoo.
Hmmm. What if there was a fire in the bedroom and a fireman found the weapon? A fireman would be considered invited, therefore the weapon's discovery would not be pursuant to a violation of her rights.
Her rights were violated when the intruder entered her home and the firearm was discovered as a direct consequence of that violation of her rights. So that evidence of her firearm violation should not be allowed to be used against her. She, and other convicted felons in Arkansas, was prohibited from possessing firearms, or having a firearm readily available for her use. Her constitutional search and seizure rights were not violated by some non-governmental intrusion. The po-po arrived because there was a dead body in her house and she had made it dead. Their entry and search was lawful and all is legally admissible. They did not discover the handgun, she placed in on a table and, when they got there, she pointed it out to the police. Whether somebody was shot righteously or not, her possession of the weapon violated AR Code § 5-73-103 (Possession of firearms by certain persons). Her existing suspended sentence of 5 years may kick in, in addition to any prosecution for unlawful possession of firearms.
She did not bring the dead body and put it in her house. The dead body walked in by itself, quite uninvited. While your other technicalities are reasonable, the end result is that a convicted felon was faced with a choice to either shoot a intruder in her home that posed an legally recognized immediate threat to herself and her family and go to jail, OR place herself and her family at the mercy of the intruder. Unlike the legal points you make, that is NOT a reasonable choice to give even a convicted felon.
Her rights were violated when the intruder entered her home and the firearm was discovered as a direct consequence of that violation of her rights. So that evidence of her firearm violation should not be allowed to be used against her. Natural law gives any individual the right to protect themselves and their property. And nowhere in the Second Amendment does it state that felons are barred from using firearms for self-defense. The fact is - the woman was not convicted of a crime using handguns. That in itself should be taken into consideration here.
If a wall is massive enough and well guarded enough to keep them out, it is also massive enough and well guarded enough to keep you in.
Correct. But nowhere does natural law say that individual right includes the use of a .40 cal Glock.
Correct. But nowhere in the First Amendment does it state that it does not protect libel and slander.
Under your logic, an American doing a 3-7 year bid in a state correctional institution, should be allowed to have a gun in his cell, because now his cell is home, to protect himself with.... and under Dicktards paultard law, the USSC would agree?
I'm the infidel... Allah warned you about. كافر المسلح
Technically, yes. But if the gun wasn't hers and she only used it to defend herself in her home from harm, the jury may give her a pass. I say 'may' because there are two felony violations here -- possessing/using a gun and violating the condition of her 5-year suspended sentence. For example, if she was 15 years old and used a handgun (which is illegal) to shoot an intruder, it's unlikely she would even be charged. But you couple that with another felony ... it could go either way.
Well, of course. It's a God-given inalienable right! It's natural law! He has the right to defend himself with the weapon of his choice! So do little children. And illegals. And the insane. And terrorists. It's a God-given right and protected by the second amendment. What part of "shall not be infringed" do you not understand?
Ridiculous.
If a wall is massive enough and well guarded enough to keep them out, it is also massive enough and well guarded enough to keep you in.
False dichotomy. There was a third option -- keep the door locked and call 911. But she didn't use that option because she knew she didn't have to -- she was armed.
She completed her parole and weapons violations before the body walked in uninvited and got dead. There is not technicality. When she picked up the gun and transported it to the living room, she violated her parole and AR Code § 5-73-103 (Possession of firearms by certain persons). The parole violation and the unlawful possession had been committed even if the guy had never come back to the door just to find himself dead on the floor. The investigation indicated that she was in possession of multiple weapons during the previous month. She broke the law, got convicted, got a five year suspended sentence, ignored the terms of her suspension, broke the law again, and got caught again. Why did she move the gun from the bedroom to the living room? Why did she fear for her life? Why did she open the door for the second time? Unlike the points you make, mine are the actual law, cited and quoted. When people present their imaginary law to a court, it does not usually work too well. The simple fact is that Arkansas law prohibits convicted felons from possessing a gun. The 2nd Amendment right to keep and bear arms only applies to lawful possession. Her possession was unlawful. Had she no felony conviction, but she had picked up an M-16 machine gun and used it to protect herself, she would have the same problem of being in unlawful possession of a weapon, in this case an unlawful M-16 machine gun, no matter how righteous the shoot. There is no 2nd Amendment right to unlawful possession of a weapon.
The 2nd Amendment does not protect the non-existent right to unlawful possession of a weapon. Imagined natural law yields to actual statute law.
Whether she was the owner of the gun, or not, is irrelevant. She possessed the gun. She retrieved the gun from the bedroom and transported it to the living room, and staged it there before open the door the second time. She had access to the handgun, and the other guns, before the guy showed up the first time, and before she opened the door the second time. Her violation of probation, and AR Code § 5-73-103 (Possession of firearms by certain persons), was complete before the guy who became the dead body ever showed up. Having a dead body in her living room only led to the discovery of the felon in unlawful possession. Her problem is not using the gun to make the guy dead, but being in possession. A jury cannot give her a pass for parole violation/revocation. She is not charged with a bad shoot. She was a felon found in unlawful possession of multiple weapons. A jury may always do as they please, but the law and the evidence appear quite clear.
The part about the right including the right to possess a weapon which is unlawful to possess. The right that is protected has never included guns unlawful to possess. http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp Blackstone's Commentaries on the Laws of England Book the First - Chapter the First: Of the Absolute Rights of Individuals Felon and doper possession is also a Federal crime. http://law.justia.com/codes/us/2015/title-18/part-i/chapter-44/sec.-922/ [...] (g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) who is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. [...]
You are obviously not a supporter of the second Amendment. 9 times out of 10 in these situations, calling 911 only guarantees a forensic examination of the crime scene will be expedited.
You argue what the law is. Fine. I argue how that law fails to serve the people. If you don't want to argue about whether a law is beneficial or detrimental to society, then there's nothing for us to debate here.
Being punished for a crime is by definition a suspension of rights, even natural or God-given rights. That much I understand and endorse. I would agree that the blanket barring of convicted felons from possessing handguns after time served, and especially for crimes that are not violent, are unreasonable, and as demonstrated in this case, unnecessarily put the person in danger, depriving them of their right to self defense which they in no way are considered to have forfeited, as again, demonstrated in this case where even the state has agreed the shooting was justified. By admitting the shooting was justified, the state is making clear the woman, even as a convicted felon, had the right to defend her life with deadly weapons. But at the same time, they are prosecuting her for being in possession of a weapon that she apparently had a full right to use, even while possession was still illegal. It's contradictory on its face.
Very, very well stated !!! Your line of reasoning has my vote !!
Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers) "No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson " AMERICA! Designed by geniuses. Now run by idiots.
It’s not. It’s your logic. There is no difference between pre sentence agreements and incarceration time (the conviction never goes away, dumb dumb) and actual incarceration time. Many states have written law, that prohibits CONVICTED felons from POSSESSING a firearm... no Supreme Court decisions have ruled those laws unconstitutional. Many states actually make that as a pre sentence AGREEMENT as an alternative to longer incarceration times.
I'm the infidel... Allah warned you about. كافر المسلح
There is nothing to debate here. I am arguing the actual law as it applies in an actual, specific case. There is the actual law and a few million personal opinions about whether it is good, bad, beneficial or detrimental. It is still the law and you violate it at your peril.
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#2. To: All (#1)
#3. To: hondo68 (#2)
#4. To: Vicomte13, MAGA (#3)
#5. To: hondo68 (#4)
Wrong, Trump could drop a MOAB on the Governors mansion and no one would care.
#6. To: Deckard (#0)
#7. To: Justified (#6)
#8. To: GrandIsland (#7)
#9. To: GrandIsland (#7)
Being a convicted felon could prohibit her from possessing a firearm.
#10. To: Justified (#8)
If there is nothing more to the story then its over reach by the prosecutor.
#11. To: Deckard (#0)
In December, Krissy Noble shot a man named Dylan Stancoff with her husband's gun
#12. To: hondo68 (#4)
Wrong, Trump could drop a MOAB on the Governors mansion and no one would care.
#13. To: Deckard (#0)
#14. To: misterwhite (#11)
Police also found a .20 gauge shotgun, a .22-caliber pistol and a bolt action rifle in her closet.
#15. To: hondo68 (#14)
#16. To: GrandIsland, Justified (#7)
[Justified #6] If the weapon is legally owned by her husband then there should be no charges. She has a constitutional right of defense even if she doesn’t own the weapon.
[GrandIsland #7] Her past marijuana arrest was probably a felony. Being a convicted felon could prohibit her from possessing a firearm. Even if she claims the gun was her husbands, and she shares the same household he keeps his guns in, she still possessed it when she physically used it.
Fort Smith homicide ruled justified; shooter arrested on gun charge
Posted Aug 31, 2018 at 12:01 AM 2015 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 73 - Weapons
Subchapter 1 - Possession and Use Generally
§ 5-73-103 - Possession of firearms by certain persons. 2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 73 - Weapons
Subchapter 1 - Possession and Use Generally
§ 5-73-120 - Carrying a weapon.
#17. To: Pinguinite (#13)
Her rights were violated when the intruder entered her home and the firearm was discovered as a direct consequence of that violation of her rights.
#18. To: nolu chan (#16)
(Edited)
Krissy Noble pleaded guilty to felony possession of marijuana with purpose to deliver and possession of drug paraphernalia. She is still serving her five years probation. She violated the terms of her probation. She faces revocation of her probation and a gun possession charge.
#19. To: GrandIsland, arsehole tattoo, MAGA, Fred Mertz, VxH, buckeroo (#18)
#20. To: misterwhite (#17)
#21. To: Pinguinite, misterwhite (#13)
Very bad precedent, even given she was prohibited from owning firearms.
#22. To: nolu chan (#21)
The po-po arrived because there was a dead body in her house and she had made it dead.
#23. To: nolu chan, Pinguinite, misterwhite (#21)
Very bad precedent, even given she was prohibited from owning firearms.
“Truth is treason in the empire of lies.” - Ron Paul
In a Cop Culture, the Bill of Rights Doesn’t Amount to Much
#24. To: Deckard (#23)
Natural law gives any individual the right to protect themselves and their property.
#25. To: Deckard (#23)
And nowhere in the Second Amendment does it state that felons are barred from using firearms for self-defense.
#26. To: Deckard (#23)
Natural law gives any individual the right to protect themselves and their property.
#27. To: nolu chan (#21)
Whether somebody was shot righteously or not, her possession of the weapon violated AR Code § 5-73-103 (Possession of firearms by certain persons). Her existing suspended sentence of 5 years may kick in, in addition to any prosecution for unlawful possession of firearms.
#28. To: GrandIsland (#26)
an American doing a 3-7 year bid in a state correctional institution, should be allowed to have a gun in his cell,
#29. To: GrandIsland (#26)
an American doing a 3-7 year bid in a state correctional institution, should be allowed to have a gun in his cell, because now his cell is home, to protect himself with
“Truth is treason in the empire of lies.” - Ron Paul
In a Cop Culture, the Bill of Rights Doesn’t Amount to Much
#30. To: Pinguinite (#22)
the end result is that a convicted felon was faced with a choice to either shoot a intruder in her home that posed an legally recognized immediate threat to herself and her family and go to jail, OR place herself and her family at the mercy of the intruder.
#31. To: Pinguinite (#22)
She did not bring the dead body and put it in her house. The dead body walked in by itself, quite uninvited.
While your other technicalities are reasonable, the end result is that a convicted felon was faced with a choice to either shoot a intruder in her home that posed an legally recognized immediate threat to herself and her family and go to jail, OR place herself and her family at the mercy of the intruder.
Unlike the legal points you make, that is NOT a reasonable choice to give even a convicted felon.
#32. To: Deckard, Pinguinite, misterwhite (#23)
Natural law gives any individual the right to protect themselves and their property. And nowhere in the Second Amendment does it state that felons are barred from using firearms for self-defense.
#33. To: misterwhite (#27)
Technically, yes. But if the gun wasn't hers and she only used it to defend herself in her home from harm, the jury may give her a pass.
#34. To: misterwhite, GrandIsland (#28)
What part of "shall not be infringed" do you not understand?
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
§922. Unlawful acts
#35. To: misterwhite (#30)
There was a third option -- keep the door locked and call 911.
#36. To: nolu chan (#31)
Unlike the points you make, mine are the actual law, cited and quoted. When people present their imaginary law to a court, it does not usually work too well.
#37. To: Deckard (#23)
Natural law gives any individual the right to protect themselves and their property. And nowhere in the Second Amendment does it state that felons are barred from using firearms for self-defense.
The fact is - the woman was not convicted of a crime using handguns. That in itself should be taken into consideration here.
#38. To: Pinguinite (#22)
#39. To: Deckard (#29)
(Edited)
#40. To: Pinguinite (#36)
I argue how that law fails to serve the people. If you don't want to argue about whether a law is beneficial or detrimental to society, then there's nothing for us to debate here.
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