There’s an uproar over the Orleans District Attorney’s office decision not to prosecute 15 individuals for illegal gun possession during Carnival. Metropolitan Crime Commission President Rafael Goyeneche said it undermines efforts by the police to eliminate guns from the French Quarter and parade routes.
“It sends a mixed message to the community that there’s a disconnect between police and prosecutors,” said Goyeneche.
By refusing the charges, the accused are not entitled to receive their guns back from evidence.
One of the cases was LSU wide receiver Malik Nabers who was accused of carrying a weapon on Bourbon Street.
In addition to Goyeneche, the DA’s actions have received criticism from Lt. Governor Billy Nungesser. Goyeneche said at a bail hearing, which takes place within 72 hours of an arrest, prosecutors haven’t been able to review the suspect’s possible criminal record nor evidence from police. He said basically the DA refused to accept the charges without all the facts.
“So for them to make that decision at a bail hearing, is totally inappropriate,” said Goyeneche.
Interim Police Superintendent Michelle Woodfork praised officers for removing more than 150 guns from the streets during Mardi Gras. Goyeneche said however with the DA refusing charges on a handful of gun possession cases has created a problem.
“Because you have now created the opportunity for defense attorneys to claim that there’s selective prosecution,” said Goyeneche.
He said the remaining offenders who were charged if they are arrested for a second time for carrying a concealed weapon could potentially be charged with a felony.
In response the Orleans District Attorney’s office issued a statement:
“When faced with a no probable cause finding by the court, the ADA (Assistance District Attorney) made decisions that would increase safety in our city like requiring defendants to forfeit their weapons. To be clear, these cases will still be screened by the DA’s Office and evaluated in coordination with the law enforcement entities responsible for the arrest.
As always, the DA’s Office is proud of and grateful for all of the hard work of the men and women of the local and state law enforcement agencies throughout this Mardi Gras season. It’s their tireless efforts to keep illegally-concealed firearms off our streets and out of the hands of drunken revelers that prevented an untold number of shootings.
“Where we can push these cases from the probable cause of their arrests to beyond a reasonable doubt for a conviction, we absolutely will. And, where we can’t, we will still do everything in our power to keep these guns from falling into the hands of the irresponsible.”
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