EMU should reinstate Emoni to allow him to practice immediately due to these reasons:

1) He’s not labeled a threat to students because he’s allowed to be on campus (my understanding).
2) Since he’s allowed to engage students, then Emoni should be allowed to practice.
3) He is a 5 star that has given EMU more publicity than spending millions on marketing campaign. You say this is binary and against EMU code of conduct - change it! You don’t get a 5 star athlete ever…Ever!!

Luckey,

1). You are correct. The 'term' felony conjures all kind of negative connotations. None seemingly apply here.

2). I'm going to repeat an opt quoted expression. A DA can (go to a grand jury and) indict a ham sandwich. The bar is much lower than we'd believe. We'd believe it means the state has an airtight case. That is not the case.

3). I'm going to copy a quote from a website I quoted above (previous post) about what happens when someone borrows a car and a gun is found in that car. The legal term is "constructive possession." 'Yes, it is a 'chargeable offense' but would a jury convict? Is this a case where the law, in the absence of some related crime, seems harsh and not make a lot of sense to most people.' (this quote is from a retired CA cop and adj. criminal justice professor.)

"Miles Gordon
Retired California copAuthor has 3.8K answers and 21M answer views5y
Yes you can be charged. Convicted might be another story, but you are in constructive possession of the gun. If the gun was not legal to have in the car, or not legal for you in particular to have for some reason, charging you with possession of the gun is a correct charge."

Why question for law enforcement/criminal justice system:

Would you (the criminal justice system) literally destroy a person's career and life over a case so thin and legalistic? To me, the charge should be an ADJUNCT, e.g., if a person commited another crime such as robbery, felonious assault, etc. I don't see it here as a standalone crime in the absence of some hard evidence tying the gun to Emoni.

https://www.quora.com/Can-I-be-charged-i...snt-my-car

(10-11-2022 03:00 PM)emu steve Wrote:  Luckey,

1). You are correct. The 'term' felony conjures all kind of negative connotations. None seemingly apply here.

2). I'm going to repeat an opt quoted expression. A DA can (go to a grand jury and) indict a ham sandwich. The bar is much lower than we'd believe. We'd believe it means the state has an airtight case. That is not the case.

3). I'm going to copy a quote from a website I quoted above (previous post) about what happens when someone borrows a car and a gun is found in that car. The legal term is "constructive possession." 'Yes, it is a 'chargeable offense' but would a jury convict? Is this a case where the law, in the absence of some related crime, seems harsh and not make a lot of sense to most people.' (this quote is from a retired CA cop and adj. criminal justice professor.)

"Miles Gordon
Retired California copAuthor has 3.8K answers and 21M answer views5y
Yes you can be charged. Convicted might be another story, but you are in constructive possession of the gun. If the gun was not legal to have in the car, or not legal for you in particular to have for some reason, charging you with possession of the gun is a correct charge."

Why question for law enforcement/criminal justice system:

Would you (the criminal justice system) literally destroy a person's career and life over a case so thin and legalistic? To me, the charge should be an ADJUNCT, e.g., if a person commited another crime such as robbery, felonious assault, etc. I don't see it here as a standalone crime in the absence of some hard evidence tying the gun to Emoni.

https://www.quora.com/Can-I-be-charged-i...snt-my-car

Welcome to America!!

(10-11-2022 02:00 PM)Luckeyone Wrote:  EMU should reinstate Emoni to allow him to practice immediately due to these reasons:

1) He’s not labeled a threat to students because he’s allowed to be on campus (my understanding).
2) Since he’s allowed to engage students, then Emoni should be allowed to practice.
3) He is a 5 star that has given EMU more publicity than spending millions on marketing campaign. You say this is binary and against EMU code of conduct - change it! You don’t get a 5 star athlete ever…Ever!!

I think this would be a very good idea. I understand you can’t let him play in games because of the legal matter pending due to policy and even the optics of it. But EMU can show him support by at least amending the policy to let him practice and be treated as part of the team still. The University obviously doesn’t consider him a threat as you point out.

This kid came back home to EMU because he loves his city. It’s disgusting how his city is treating him. EMU could be a little more supportive in my opinion. Wondering if Emoni won’t want to play for EMU at this point. He might just clear his legal record this year, then join the g-league next year to get back into the draft mix. Move on from this horrific affair altogether.

Whatever Emoni decides, I appreciate and value what he attempted to do for EMU. And wish him the best with this legal matter and his overall future. I am sure things will work out for him in the end… …while Ypsilanti/Washtenaw will have egg on their face and EMU Basketball might miss out on an improbable opportunity.

(10-12-2022 10:01 AM)RamyEMU Wrote:  

(10-11-2022 02:00 PM)Luckeyone Wrote:  EMU should reinstate Emoni to allow him to practice immediately due to these reasons:

1) He’s not labeled a threat to students because he’s allowed to be on campus (my understanding).
2) Since he’s allowed to engage students, then Emoni should be allowed to practice.
3) He is a 5 star that has given EMU more publicity than spending millions on marketing campaign. You say this is binary and against EMU code of conduct - change it! You don’t get a 5 star athlete ever…Ever!!

I think this would be a very good idea. I understand you can’t let him play in games because of the legal matter pending due to policy and even the optics of it. But EMU can show him support by at least amending the policy to let him practice and be treated as part of the team still. The University obviously doesn’t consider him a threat as you point out.

This kid came back home to EMU because he loves his city. It’s disgusting how his city is treating him. EMU could be a little more supportive in my opinion. Wondering if Emoni won’t want to play for EMU at this point. He might just clear his legal record this year, then join the g-league next year to get back into the draft mix. Move on from this horrific affair altogether.

Whatever Emoni decides, I appreciate and value what he attempted to do for EMU. And wish him the best with this legal matter and his overall future. I am sure things will work out for him in the end… …while Ypsilanti/Washtenaw will have egg on their face and EMU Basketball might miss out on an improbable opportunity.

I agree with the notion if the school has exculpatory info they should let him practice with the team.

The notion of a 'felony' charge implies a possible threat to the university and the community. That is not apparent here.

The policy, is a policy, it is not iron clad rule. Sometimes things aren't as the headline . Constructive possession by some one with a clean record is much, much different than a convicted felony with actual possession of a concealed weapon.

Sorry, but I don't see how constructive possession by someone who is not a felon can be charged as a felony. Just my opinion on this jurisprudence matter.

(10-10-2022 12:53 PM)emueagle03 Wrote:  

(10-07-2022 05:22 PM)holybovine Wrote:  This whole thread is gross.

People are using this situation to project their own opinions on a circumstance we know absolutely nothing about. We know nothing about the evidence surrounding the stop. There is a legal process that has to play out, but everyone wants to skip it because it involves someone who can play basketball. This is despicable. Asking for the President to pardon him, etc. Ridiculous. Some of you are parodies of the stereotypical win at all costs college sports fans. I’m not saying he’s guilty of anything, but he put himself in a position to be evaluated by the legal system, and now we have to wait and see.

Some of you putting prejudices, bias, or blame on the police WITHOUT knowing any of the facts are…not very bright.

100% spot on holybovine.

I think we all needed to be careful about our comments about law enforcement.

The one point I should have made is that I'm not knowledgeable about the traffic stop, but I still maintain charging two felonies, given what we knew then and now, seemed like a real legal stretch.

What I don't understand, because of my lack of knowledge how law enforcement handles guns, is what OPTIONS did the sheriff and prosecuting attorney have?

i still assume that the prosecuting attorney could have seized the gun and possibly taken the case to a grand jury. That might have been more risky for Emoni. A grand jury can charge a weak case and let the trial adjudicate.