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Prosecutor considers weapons charges against Detroit Lions' Jameson Williams

Posted on by Kennedy
Prosecutor considers weapons charges against Detroit Lions' Jameson Williams

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A new controversy is erupting between Detroit Lions wide receiver Jameson Williams and Detroit police after the department filed a weapons warrant for the football player's arrest with the Wayne County Prosecutor's Office.

The problem: Was Williams wrongly in possession of a gun and did the police release him?

Although the law appears to be clear on this point, the circumstances, as at least one legal position suggests, leave room for confusion and interpretation. It's also a situation that other well-known athletes in the state have faced.

Prosecutors told the Free Press on Wednesday that they were reviewing the case and it could take some time to decide whether to file charges. Meanwhile, prosecutors added, police are investigating whether the officers violated internal policies or laws.

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

Many people seem to be thinking about water coolers, lunch and talk radio on Wednesday.

More: Detroit Lions WR Jameson Williams could face third NFL suspension after gun incident

More: Report: Lions' Jameson Williams evaded arrest after gun was found in car, police investigate

Michigan law requires a gun owner to have a valid concealed handgun license to legally carry a loaded weapon in a motor vehicle, according to Patrick O'Keefe, a Lansing defense attorney who also served as an assistant district attorney.

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

How much is the possible fee?

Prosecutors declined to discuss possible charges — or Michigan's gun laws.

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

Williams, the television report said, was a passenger while his brother was driving and stopped on October 8 on suspicion of speeding. Officers found two guns, one registered to the driver, who reportedly had a concealed weapon permit, and one to Williams.

Williams, the report said, stashed his gun under his seat but did not have a permit.

More: Detroit Lions Dan Campbell defends WR Jameson Williams: 'It's really a decision-making process'

First, police handcuffed Williams.

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

However, according to WXYZ's report, the football player was released by a sergeant who initially consulted with his superior. In doing so, O'Keefe said, Detroit police inadvertently sent a message that celebrities don't have to obey the law.

Concealed carry permit

Dan Geherin, a longtime defense attorney in Ann Arbor who worked as a prosecutor in California earlier in his career, said if the reports are true that the driver had a permit, the argument that a permit could do so could make all the difference In this case, cover both weapons.

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

It is also possible, the defense attorney added, that the officers made the mistake of not making an arrest because there appeared to be no immediate danger (e.g., no one was injured or even used the weapon).

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

The prosecution also has some flexibility regarding the crime it should charge. Instead of a felony, Williams could face a misdemeanor, such as illegally transporting a weapon, which carries a lesser sentence. Or he could not be charged at all.

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

Two years ago, University of Michigan football 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.

According to experts, the process of obtaining a permit is hardly laborious.

This includes 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 years old, a citizen or legal resident, and, with limited exceptions, a resident of Michigan who has lived in the state for at least six months.

In 2022-23, 157,653 concealed weapon permits were issued, according to state records.

Lawyers said a gun owner who does not have a concealed weapons permit can travel with a gun in a car, but only if the gun is unloaded, locked in a gun case and stored in a trunk or somewhere inaccessible to the driver or passenger.

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

Williams faces more questions

The latest news report puts Williams under additional public scrutiny, particularly from 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 two games for violating the NFL's policy on performance-enhancing substances, even though the player said he doesn't take supplements, vitamins or over-the-counter medications.

“I have never taken anything to cheat or gain an unfair advantage,” Williams said. “I understand that I am responsible for everything that goes into my body and I must take responsibility in this case.”

A statement from the Lions to WXYZ on Tuesday said Williams told the team he was a “passenger during a routine traffic stop” and the organization “discussed the incident with him and kept the league updated.” and the police will look into the matter again.

Williams, the Lions added, had no further comment.

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

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