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Superior Court jury to hear Grovetown BB gun case

Tuesday, Jan. 22, 2013 3:46 PM
Last updated 9:40 PM
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The case of a Grovetown man cited for firing a BB gun in the backyard of his home last month will be heard by a Superior Court jury.

Mckenzie Ussery, 19, was fined $291 for shooting a BB gun at a cup propped up in a tree.   JIM BLAYLOCK/FILE
JIM BLAYLOCK/FILE
Mckenzie Ussery, 19, was fined $291 for shooting a BB gun at a cup propped up in a tree.


McKenzie Ussery, 19, pleaded not guilty Tuesday in Grovetown Municipal Court to the charge of discharging a firearm within the city and requested a jury trial.

Judge Travers Chance agreed to transfer the case to the Columbia County Superior Court, where it can be heard by a jury.

“This is going to be fun one for the jury,” Ussery’s attorney, David Price, said.

Ussery was given the $291 ticket Dec. 19 after a Columbia Cou­nty Alternative School teacher reported seeing him firing the gun in the yard, which backs up to the school.

Grovetown Department of Pub­lic Safety officers confiscated the gun, which Ussery said he was firing at a cup in the yard.

The BB gun, powered by compressed air, is classified as a firearm. According to a city ordinance, spring-loaded, black powder or compressed air guns are considered firearms. Ussery and his attorney contend the gun is a toy and not subject to the ordinance restrictions.

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Riverman1
94246
Points
Riverman1 01/22/13 - 05:32 pm
12
1
Take My Nerf Ball Gun From My Cold Dead Hands

This is our constitutional right to keep BB Guns, paint ball guns, nerf guns, blow guns and what have you. They'll have to take my BB gun from my cold dead hands. Let them try to come get our nerf guns and we'll organize and shoot it out with them. 2nd Amendment covers toys, too, and we're not going to let oppressive government rule us. If there were more nerf ball and BB guns there would be less bullying by some kids. Protect your backyard play space. If you take the toys from law abiding kids, only the bad kids will have them. You have to have BB and nerf ball guns if you want well regulated neighborhood kids. Do you need a permit to carry a concealed BB pistol?

dstewartsr
20393
Points
dstewartsr 01/22/13 - 05:21 pm
10
0
Knowing this backwards

bunch of clowns; paintball guns would be classified as ARTILLERY.

storiesihaveread
369
Points
storiesihaveread 01/22/13 - 05:23 pm
10
0
What a waste of Tax Payers money

Seriously Grovetown you are going to waste my tax dollars money on this stupid case. Maybe next time have the swat team out there from RCSD.

Sweet son
11762
Points
Sweet son 01/22/13 - 05:51 pm
9
0
@storiesihaveheard

Why the RCSD swat team? I am sure Sheriff Whittle has his own swat team complete with one of those bullet proof looking vehicles. All of this is a bit ridiculous! Case should be dropped and Gruvtown should rewrite it's silly ordinance! They would get crazy if they knew I was shooting my 22 in the backyard!

jmo
18650
Points
jmo 01/22/13 - 06:36 pm
8
0
Sheriff Whittle

has more important things to do than to deal with this bunch of Barney Fife's. Drop the case, give the man his BB gun back and get on with things that need to be done.

dichotomy
37616
Points
dichotomy 01/22/13 - 10:43 pm
5
0
They make places like

They make places like Grovetown so the rest of us can get a good chuckle every now and then.

I cannot believe the police, and the judge, are going to pursue this case. What a waste of time and money.

OpenCurtain
10049
Points
OpenCurtain 01/23/13 - 06:51 am
4
0
BB is not a FIREARM

Not sure where the lame idea came from, of a BB Gun being firearm. 2 Days ago I posted the OCGA code covering firearms. Since no explosion or electrical discharge is used to propel the BB it is NOT A FIREARM according to GA State laws.

For the liberal readers.
and explosion is a chemical reaction.
The discharge of compressed air is NOT an explosion.

Stop and use some logic:
BB guns require NO Background check, Firearms do.
BB guns may be owned and processed by MINOR, Firearms cannot.

May be we need to run down GUN STORE, buy a Assault BB Weapon, and all the BB's before Obama try's to ban BB guns also.

BTW:
Grovetown Officials and some others need to stop and inhale, to get some air back in their brains.

Little Lamb
49247
Points
Little Lamb 01/23/13 - 07:49 am
3
0
Jury

I hope the jury goes rogue and orders a demotion for the police official who authorized and ordered the arrest, and I hope the jury orders Grovetown to pay Mr. Ussery’s legal fees.

Bizkit
35756
Points
Bizkit 01/23/13 - 08:12 am
1
0
Obviously the law needs to be

Obviously the law needs to be changed and this man serve a life in prison or death row for the offense. There are air powered rifles upto .243 caliber that will kill a deer, so they "can be" dangerous. We need to stop with this freedom crap. Gay marriage-forget it-that's a freedom, Gun ownership-forget it-that's a freedom, Abortion-forget it-that's a freedom. We need to make any disparaging remarks a hate crime and that way most of the posters will be charged for hate crimes. Wow-America the land of the lost.

SFCRET85
4998
Points
SFCRET85 01/23/13 - 08:44 am
2
0
"You'll shoot your eye out
Unpublished

"You'll shoot your eye out kid".

David Parker
7923
Points
David Parker 01/23/13 - 08:57 am
2
0
Now that it goes to CC

Now that it goes to CC Superior, will the county ordinance take a back seat to the city code? Like going around your elbow to get somewhere? It really comes down to wasted time and money. I just don't buy that the guy was flaunting the law, so why is it so important to prosecute THIS case?

seenitB4
98547
Points
seenitB4 01/23/13 - 09:50 am
1
1
Media attention for all...

I'm surprised this hasn't made national news....waiting...remember toe sucking ...Groovytown is coming alive...

Riverman1
94246
Points
Riverman1 01/23/13 - 09:55 am
4
0
DA's Office

So prosecution is now going to be up to the DA's office. They often drop matters such as this and I hope they take the lead and end this nonsense quickly.

Little Lamb
49247
Points
Little Lamb 01/23/13 - 11:03 am
3
0
Arlo Guthrie

Yes, the DA can drop the case, but she can't erase the fact that Ussery was arrested, booked, and charged on a weapons violation. He will have to answer 'yes' on any job application question about arrests for the rest of his life. It reminds me of Alice’s Restaurant.

burninater
9943
Points
burninater 01/23/13 - 11:05 am
1
3
For the liberal readers. an

For the liberal readers.
an explosion is a chemical reaction.
-------
Gee, thanks OC! That's what I always thought an explosion was, but my conservative friends keep telling me no, an explosion is a little God fart.

scgirl78
4
Points
scgirl78 01/23/13 - 11:42 am
2
0
He wasn't "arrested, booked,

He wasn't "arrested, booked, and charged". He received a ticket, so this actually won't effect the rest of his life. All the media attention, on the other hand...

Little Lamb
49247
Points
Little Lamb 01/23/13 - 12:13 pm
2
0
Search and Seizure

This is from Valerie Rowell's original story on Jan. 9:

Mckenzie Ussery said Owens and an officer banged on his back window when they arrived at his house. After Ussery explained the situation, he said, they demanded he be escorted inside to retrieve the gun.

Too bad Mr. Ussery did not assert his constitutional right and demand the officers get a search warrant before entering his home.

MarinerMan
2107
Points
MarinerMan 01/23/13 - 12:33 pm
1
0
ARC Commission Can Take a Rest
Unpublished

Whatever day this trial is slated for, is the day that ARC Commission can take a breather. For during the duration of the trial, Grovetown will be the laughing stock, and not the ARC Commission. The Judge can throw this whole thing out, and expunge Mr. Ussery's record. Can't wait to see the ENG trucks circling the Court House.

David Parker
7923
Points
David Parker 01/23/13 - 01:11 pm
0
0
So nothing was learned from

So nothing was learned from the movie First Blood. Brian Dennehy wouldn't let it go and look with Rambo did.

gapatriot1
12
Points
gapatriot1 01/23/13 - 03:06 pm
0
0
And I thought all the idiots

And I thought all the idiots like Cuomo, Bloomberg, Feinstein, Fat boy Nadler, etc. were in NY, Californica, and DC. Guess I was wrong! Time to fire some people.

rmwhitley
5547
Points
rmwhitley 01/23/13 - 06:21 pm
0
0
He'll be sentenced
Unpublished

to death while eric holder allows folks in the Barton Chapel area to use real guns, kill people and go free.

american rose
250
Points
american rose 01/23/13 - 08:09 pm
1
0
WOW

And they talk bad about Richmond County.

GiantsAllDay
10558
Points
GiantsAllDay 01/24/13 - 12:27 am
1
0
There's more here than meets

There's more here than meets the eye, I believe. I think this Man's legal council should focus on the cop who issued the citation. The officer could have said "look buddy, it's technically against the law in this town to shoot a BB gun in your back yard, so take this as a warning and don't do it again". But he didn't do that, did he? So that's why, as this man's lawyer I would order a psych exam of this officer. Find out why he gets such a thrill in pushing people around and ruining innocent people's lives. Then I would subpoena the officer's high school transcripts. (No way this guy went to college or even knows where the nearest college is). I'm betting mostly C's and D's. There is an episode in "Happy Days" where Fonzie says he wants to be a cop. When asked why he replies "what other job do you get paid to carry a gun a ride a motorcycle?". That pretty much describes most small town cops.

Jane18
12332
Points
Jane18 01/24/13 - 02:01 pm
0
0
Don't Wanna Go To Grovetown!

Grovetown, You deserve better than this from your judge and law enforcement! Why have you sat back and done nothing? I have only been through Grovetown once, but, you can believe I will Not be caught in your area....too much of a chance of being caught and charged with something stupid!

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