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Emoni is a Free Man
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emu steve Offline
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Post: #1
Emoni is a Free Man
(This post was last modified: 10-13-2022 11:08 AM by emu steve.)
10-13-2022 11:04 AM
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EAGLE KING Offline
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Post: #2
RE: Emoni is a Free Man
(10-13-2022 11:13 AM)emu steve Wrote:  This case never made much sense to me.

Recently I've decided to do some reading on MI law on guns, 'constructive' possession, concealed weapons, possession by felons, etc.

1). Emoni could legally buy a gun in MI although not have a concealed gun permit.

2). The felony charge is aimed at convicted felons whom we do not want to have weapons (for obvious reasons).

3). Everything posted here is consistent with the notion of 'constructive possession. It seems Emoni was the least likely person who may have owned the gun and it wasn't his car. Emoni has no known criminal record.

4). This seemed, to me, a travesty of justice from day one.

Great news!!! So glad it did not drag out. Interesting that he admitted to a gun in the car when he was stopped.
10-13-2022 11:14 AM
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emu steve Offline
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RE: Emoni is a Free Man
(10-13-2022 11:13 AM)emu steve Wrote:  This is my UPDATED POST:

This case never made much sense to me.

Recently I've decided to do some reading on MI law on guns, 'constructive' possession, concealed weapons, possession by felons, etc.

1). Emoni could legally buy a gun in MI although not have a concealed gun permit (age 21, I believe). The notion that Emoni went to the black market bought a gun which was stolen or whatever, etc. made no sense to me. He could LEGALLY buy a gun and register it in MI.

2). The felony possession charge is aimed at convicted felons whom we do not want to have weapons (for obvious reasons).

3). Everything posted here is consistent with the notion of 'constructive possession.' It seems Emoni was the least likely person who may have owned the gun and it wasn't his car. Emoni has no known criminal record. Constructive is from the word: Construct. Example. 12 months Jan, Feb.... Dec. is an enumerated list (01, 02, 03,...12). It is direct knowledge or something like that. If does not involve inference, logical deductions, etc. etc. OTOH, Intelligence is a construct. It is inferred from things like results of an IQ test.

I believe construct possession is inferred if you will. This is very different than someone holding a gun, or having the gun placed next to them. So one source of knowledge is direct while the other is indirect or inferred with the knowledge that inference can be very wrong. What we know: A gun, presumably not his, was found in a car, not his, and not in his physical possession.

4). I take NO stance on the stop arrest (for 'running a stop sign'). In D.C. we have traffic cameras which will nail a driver who doesn't stop behind the white line at a stop sign. This is a 'big' story in D.C. I think one camera has caught 12K violators.

As I indicated in a previous post, a traffic violation can be a 'pretext' if law enforcement has identified someone they want. I have NO IDEA if there was a pretest arrest here. I have NO idea if Wash. Co. was 'targeting' anyone in his family.

5). This seemed, to me, a travesty of justice from day one. it was a case which was destined to be pled down based on the fact that the one charged was innocent of the charges as charged.
(This post was last modified: 10-13-2022 11:46 AM by emu steve.)
10-13-2022 11:21 AM
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EdifiedVoyage6 Offline
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Post: #4
RE: Emoni is a Free Man
I was told earlier today by people at eastern that I should watch the news, I thought it was just going to be a donation or facility upgrade. This is not what I expected, when the judge shot down expediting the trial, I thought he was going to miss multiple games. I do think he will be allowed to play the entire season. The one thing about this is that the program he has to finish is 6 months long, at the very minimum. But that doesn't mean he can't play for those 6 months.
10-13-2022 11:54 AM
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emu steve Offline
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RE: Emoni is a Free Man
(10-13-2022 11:54 AM)EdifiedVoyage6 Wrote:  I was told earlier today by people at eastern that I should watch the news, I thought it was just going to be a donation or facility upgrade. This is not what I expected, when the judge shot down expediting the trial, I thought he was going to miss multiple games. I do think he will be allowed to play the entire season. The one thing about this is that the program he has to finish is 6 months long, at the very minimum. But that doesn't mean he can't play for those 6 months.

Good job. You have been on top of this story.
10-13-2022 12:10 PM
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TheWoodenNickle Offline
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Post: #6
Emoni is a Free Man
Good news for the kid and the team.
10-13-2022 12:16 PM
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emu steve Offline
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RE: Emoni is a Free Man
(10-13-2022 12:16 PM)TheWoodenNickle Wrote:  Good news for the kid and the team.

And it became official when Scott Wetherbee said so.

https://twitter.com/EMUAthletics/status/...ivzAJlEAnw
(This post was last modified: 10-13-2022 12:35 PM by emu steve.)
10-13-2022 12:34 PM
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emu steve Offline
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Post: #8
RE: Emoni is a Free Man
"Subscription Steve" strikes again (I assume the article might be behind a paywall).

https://www.detroitnews.com/story/sports...561129007/
10-13-2022 12:48 PM
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EdifiedVoyage6 Offline
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RE: Emoni is a Free Man
Well I guess we can safely say that we will win the MAC
10-13-2022 12:55 PM
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EdifiedVoyage6 Offline
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RE: Emoni is a Free Man
10-13-2022 01:00 PM
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Sellers dweller Offline
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Post: #11
RE: Emoni is a Free Man
We also now know why the car was searched:

Quote:According to the police report obtained by ESPN, deputies observed a black Mitsubishi Outlander run a stop sign and initiated a traffic stop. The report says Bates stated there was marijuana and a handgun in the vehicle and an ensuing search of the vehicle uncovered a gun under the driver's seat. The serial number under the barrel of the gun had been removed, according to the report.

So Emoni probably knew that whoever is the owner of the car had a gun in the car, but probably unware that it wasn't registered.

Glad it worked out!

https://www.espn.com/mens-college-basket...-dismissed
(This post was last modified: 10-13-2022 01:22 PM by Sellers dweller.)
10-13-2022 01:15 PM
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TheWoodenNickle Offline
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Post: #12
RE: Emoni is a Free Man
(10-13-2022 12:48 PM)emu steve Wrote:  "Subscription Steve" strikes again (I assume the article might be behind a paywall).

https://www.detroitnews.com/story/sports...561129007/
I'm just glad you appreciate that nickname I stuck on you. LOL
10-13-2022 01:20 PM
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masttg Offline
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Post: #13
RE: Emoni is a Free Man
(10-13-2022 01:15 PM)Sellers dweller Wrote:  We also now know why the car was searched:

Quote:According to the police report obtained by ESPN, deputies observed a black Mitsubishi Outlander run a stop sign and initiated a traffic stop. The report says Bates stated there was marijuana and a handgun in the vehicle and an ensuing search of the vehicle uncovered a gun under the driver's seat. The serial number under the barrel of the gun had been removed, according to the report.

So Emoni probably knew that whoever is the owner of the car had a gun in the car, but probably unware that it wasn't registered.

Glad it worked out!

https://www.espn.com/mens-college-basket...-dismissed

Man, he told the cops the gun was there! Don't tell on yourself.*

*this does not apply to heinous crimes.
10-13-2022 02:01 PM
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emu steve Offline
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Post: #14
RE: Emoni is a Free Man
(10-13-2022 01:20 PM)TheWoodenNickle Wrote:  
(10-13-2022 12:48 PM)emu steve Wrote:  "Subscription Steve" strikes again (I assume the article might be behind a paywall).

https://www.detroitnews.com/story/sports...561129007/
I'm just glad you appreciate that nickname I stuck on you. LOL

That nickname is better than some that I have... 02-13-banana
10-13-2022 02:09 PM
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EagleHawk Offline
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Post: #15
RE: Emoni is a Free Man
Quote:A police report and dash and body cam footage, obtained by the Free Press via Freedom of Information Act, showed Bates, 18, was also driving without a license and in possession of marijuana and tobacco.

According to the video and police report, Bates admitted to law enforcement he had marijuana after officers mentioned the odor coming from the car.

"Here’s the issue, I smell weed coming from this car right now," video showed one deputy said to Bates.

"I just left my cousin's house," Bates responded. "I just smoked."

"OK, how much weed is in the car right now?" the deputy asked.

"It's right there," Bates replied, pointing to a bag on the ground.

At that point, the officer told Bates he now had probable cause to search the car and asked Bates to step out of he vehicle. When the officer first approached the vehicle, he asked Bates if there were any guns or drugs in the car. Bates then said no.

When Bates exited the car, he raised his hands in the air and said: "I’m not going to lie sir, you might as well just (handcuff) me up right now." He then told the officer there was a gun in the car.

https://www.freep.com/story/sports/colle...560865007/
10-13-2022 03:12 PM
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Ken Barna Offline
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RE: Emoni is a Free Man
Dear Friends,
After reading replies from both Detroit newspapers, you would think Emoni committed murder with the gun found in the car. I can't believe, but yes I can believe, that people want someone with a bit of fame, to be put in jail.
Talk about unforgiving. What a bunch of jerks. There were a few on Emoni's side, but not the majority.
10-13-2022 03:16 PM
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truEMU07 Offline
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Post: #17
RE: Emoni is a Free Man
I am thrilled this is cleared up and (seemingly) going to be resolved soon. I'm sure it has been a trying few weeks for Emoni, Coach Heath and the rest of the team. Now let's put it behind us and get ready for a great season!

Although I'll admit I will miss reading everyone's newfound legal expertise about the ongoing situation.
10-13-2022 04:00 PM
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emu79 Offline
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Post: #18
RE: Emoni is a Free Man
Well the legal process worked and he is cleared. That is wonderful news!
10-13-2022 04:02 PM
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emu steve Offline
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RE: Emoni is a Free Man
(10-13-2022 03:12 PM)EagleHawk Wrote:  
Quote:A police report and dash and body cam footage, obtained by the Free Press via Freedom of Information Act, showed Bates, 18, was also driving without a license and in possession of marijuana and tobacco.

According to the video and police report, Bates admitted to law enforcement he had marijuana after officers mentioned the odor coming from the car.

"Here’s the issue, I smell weed coming from this car right now," video showed one deputy said to Bates.

"I just left my cousin's house," Bates responded. "I just smoked."

"OK, how much weed is in the car right now?" the deputy asked.

"It's right there," Bates replied, pointing to a bag on the ground.

At that point, the officer told Bates he now had probable cause to search the car and asked Bates to step out of he vehicle. When the officer first approached the vehicle, he asked Bates if there were any guns or drugs in the car. Bates then said no.

When Bates exited the car, he raised his hands in the air and said: "I’m not going to lie sir, you might as well just (handcuff) me up right now." He then told the officer there was a gun in the car.

https://www.freep.com/story/sports/colle...560865007/

As a former marathon runner, some advice to Emoni. Tobacco, weed, etc. are contraindicated for athletes, especially those who do a lot of running such as basketball players.
10-13-2022 04:03 PM
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emu79 Offline
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RE: Emoni is a Free Man
(10-13-2022 03:12 PM)EagleHawk Wrote:  
Quote:A police report and dash and body cam footage, obtained by the Free Press via Freedom of Information Act, showed Bates, 18, was also driving without a license and in possession of marijuana and tobacco.

According to the video and police report, Bates admitted to law enforcement he had marijuana after officers mentioned the odor coming from the car.

"Here’s the issue, I smell weed coming from this car right now," video showed one deputy said to Bates.

"I just left my cousin's house," Bates responded. "I just smoked."

"OK, how much weed is in the car right now?" the deputy asked.

"It's right there," Bates replied, pointing to a bag on the ground.

At that point, the officer told Bates he now had probable cause to search the car and asked Bates to step out of he vehicle. When the officer first approached the vehicle, he asked Bates if there were any guns or drugs in the car. Bates then said no.

When Bates exited the car, he raised his hands in the air and said: "I’m not going to lie sir, you might as well just (handcuff) me up right now." He then told the officer there was a gun in the car.

https://www.freep.com/story/sports/colle...560865007/

So he plead guilty to a lesser charge and enters a diversion program. Hopefully he gets better guidance on personal decision making.
(This post was last modified: 10-13-2022 04:12 PM by emu79.)
10-13-2022 04:10 PM
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