UPDATE (1/20/2014) — Charges Adjusted, Trial Advances
The assistant attorney generals attempted to cut a deal with Witaschek if he pleaded guilty to the charges of “attempted possession” of ammunition. This would have forfeited his eligibility for a jury trial, and could have carried a 6-month jail sentence. Witaschek declined the offer.
The prosecution failed to come up with a good defense of the initial police raid performed without a search warrant. Judge Robert Morin threw out the evidence that was obtained warrantlessly, which eliminated a box of rifle ammo from the charges.
The remaining evidence against Witaschek is a misfired 12-gauge shotgun shell and a box of muzzleloader sabots.
Mr. Witaschek’s jury trial is set to begin February 11th. This would be a golden opportunity the jury to use jury nullification against an immensely unreasonable and unjust law. If convicted, he faces a year in jail and a $1,000 fine for having a single, inoperable shotgun shell in his home.
"Since the night my home was invaded and family terrorized by a militarized D.C. police force, I am more afraid of what government is doing than I am of any of the people I encountered when I spent the night in jail,”
Witaschek told the Washington Times‘ Emily Miller.
“The 2nd Amendment was meant to guarantee individuals the right to protect themselves against government — as much as against private bad guys and gangs.”