Police: Man shot after charging at officer with swordWXIA-TVAccording to the Covington Police Department, officers responded to a call of a man carrying a sword on Legion Drive around 12:35 p.m. Officers said they found a man carrying a large medieval-…
LOS ANGELES – A man was arrested for assaulting a firefighter in a confrontation outside a firehouse in Silver Lake, authorities said today.
The suspect, who was not immediately identified, parked his car and became aggressive with a firefighter directing traffic in the 2100 block of West Sunset Boulevard as a fire engine reversed across lanes into the station house, Los Angeles Police Department Lt. Craig Heredia said.
The incident occurred around 10:45 p.m. Wednesday, outside Los Angeles Fire Department’s Station 20, Heredia said.
The firefighter was not injured, Heredia said.
SANFORD — When he went on trial in April, breakaway Warlocks motorcycle gang member David Maloney convinced a jury he did not murder two men and did not try to murder a third.
Prosecutors, though, plan to retry him on another attempted-murder count, one that left the jury deadlocked.
A judge has just dealt them a blow, however. Circuit Judge Marlene Alva ruled that law-enforcement officers improperly seized one of Maloney’s guns and a knife, and as a consequence, they may not use them as evidence at his new trial.
“It’s significant,” said Assistant State Attorney Stewart Stone, lead prosecutor in the case.
It left three members of his old biker gang, the Florida Warlocks, dead, and Maloney and three members of his new gang in jail.
Two Maloney allies have been convicted and sentenced to long prison terms. A third, Paul Wayne Smith, 49 of Effingham, S.C., the first person to open fire that day, is scheduled to go on trial in September.
Maloney’s new trial date has not been set. Attorneys are still fighting over what evidence jurors should hear and see
However, the judge last week ruled that prosecutors may not introduce Maloney’s .22-caliber handgun and a double-edged knife he was carrying.
They also may not hear Winter Springs police Sgt. Bradlea Heath recount a statement Maloney gave him the day of the shooting: that Maloney owned the .22 and knife and also had used a .38-caliber handgun that day.
It was recovered on the ground, near where Maloney had taken cover.
“I think their case was already tenuous,” said defense attorney Michael LaFay. “It’s just seems to be another nail in the coffin.”
It’s not clear how much damage those now-inadmissible pieces of evidence will do.
At least four witnesses at Maloney’s first trial testified that they saw him shooting toward rival gang members that day.
Also, Maloney took the stand and testified that he owned both guns and fired the .38 once or twice toward rival gang member Ronnie Mitchell, who was not wounded. Prosecutors could simply play a recording of that for the new jury.
They also could play a video-recorded statement Maloney made the night of the shooting to another Winter Springs officer, Det. Valarie Riddick. In it, he also acknowledged having those two guns and firing the .38.
Alva ruled that the .22-caliber Derringer gun and knife should not be admitted because they were seized by a Longwood police officer who was helping the Winter Springs department that day, someone who did not have jurisdiction in Winter Springs.
She excluded Maloney’s statement to Heath about being the owner of the guns and knife because Heath had not first advised him of his right to remain silent.
Maloney told jurors that he ran outside once he heard gunfire at the VFW because he believed the Florida Warlocks had come to kill him. They had tried several times before, he testified. His return fire that day, he said, was in self-defense.
Alva rejected his stand-your-ground-immunity claim at his first trial.
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