Sentencing in the Danziger Bridge Massacre

Tonight a rare waft of justice arose from the steamy swamps surrounding New Orleans and I feel compelled to return to Xavier Thoughts to notate the fact. Earlier today, in a court of law, four murderers and one lying dog were sentenced in the killing of innocent people and the maiming of four others struggling to survive in the aftermath of hurricane Katrina in New Orleans Louisiana.

U.S. District Judge Kurt Engelhardt imposed the harshest sentence on Robert Faulcon, who was handed a 65 year term for his involvement in killing two of the victims. Kenneth Bowen and Robert Gisevius got 40 years for their roles in the murders, while Robert Villavaso was sentenced to 38 years. All were New Orleans police officers. Arthur Kaufman was sentenced to six years or his role in transforming the internal investigation into a police cover-up of the crimes. He, too, was a New Orleans police officer.

In court, Lance Madison, the brother of slain Ronald Madison declared "You are the reason I can no longer trust law enforcement." Indeed.

Since I first began blogging on the Danziger Bridge Massacre in 2005, two months after hurricane Katrina, I discussed the incident with many police officers who were both friends and acquantiences. To a man they all believed that the murderers involved would ultimately be vindicated. How is it that police officers can be so blinded by a badge that they cannot discern murder when it is under their very noses? It's disgusting. Shameful. Sad. This is the reason that no intelligent citizen can trust police officers in the United States any longer. They have removed themselves from society, mentally placed themselves in a special place with special privileges and they view citizens as either criminals or criminals in waiting.

"There were many, many New Orleans police officers who performed courageous, selfless acts of heroism in the aftermath of Hurricane Katrina," Assistant U.S. Attorney General Thomas Perez stated. "But regrettably, the acts of heroism of so many have been overshadowed by the misconduct of a few. What we learned in this trial -- what we learned in these convictions -- is that the Constitution never takes a holiday. The Constitution applies every day of every week, and no police officer can take it upon himself or herself to suspend the Constitution."

Those sentenced today were convicted last August on all charges, though a jury somehow found that their actions did not constitute murder. Their seven week trial included testimony from five other former NOPD officers who plead guilty and testified against their former brothers in blue. Thus far, prosecutors have secured eleven convictions in the Danziger Bridge Massacre, from ten NOPD officers to a St. Landry Parish man who impersonated a sheriff's deputy. The Danziger Massacre was a focal point in a series of Justice Department investigations of post-Katrina police wrongdoing that has resulted in a total of fifteen convictions of NOPD officers.

In 2010, three former New Orleans police officers were convicted in the case of Henry Glover, who was murdered and his body burned to conceal the fact. David Warren was convicted of shooting Glover in the back. He was sentenced to more than 25 years in prison in 2011; Gregory McRae, who was found guilty of burning the body, received a 17 plus year sentence. A federal judge has ordered a new trial for the third former police officer Travis McCabe, who was accused of obstructing the investigation. The Justice Department's Civil Rights Division launched an investigation into what it has called "patterns or practices" of misconduct by New Orleans police in the aftermath of hurricane Katrina, which killed nearly 1,500 people in Louisiana and more than 1,700 across the Gulf Coast.


Robert Faulcon, Jr.: 6 counts of deprivation of rights under color of law, 3 counts of using a weapon during commission of a crime of violence, 1 count of conspiracy, 2 counts of obstruction of justice, and 1 count of civil rights conspiracy. 65 years imprisonment.

Kenneth Bowen: 6 counts of deprivation of rights under color of law, 2 counts of using a weapon during commission of a crime of violence, 1 count of conspiracy, 2 counts of obstruction of justice, and 1 count of civil rights conspiracy. 40 years imprisonment.

Robert Gisevius, Jr.: 5 counts of deprivation of rights under color of law, 2 counts of using a weapon during commission of a crime of violence, 1 count of conspiracy, 1 count of obstruction of justice, and 2 counts of civil rights conspiracy. 40 years imprisonment.

Anthony Villavaso II: 5 counts of deprivation of rights under color of law, 2 counts of using a weapon during commission of a crime of violence, 1 count of conspiracy, 1 count of obstruction of justice, and 1 count of civil rights conspiracy. 38 years imprisonment.

Arthur Kaufman: 4 counts of falsifying official records in a federal investigation, 3 counts of false statements, 2 counts of civil rights conspiracy for false persecution, and 1 count of conspiracy. 6 years imprisonment.

Chance

Saints in the Superbowl.

Mitch Landreau the Mayor of New Orleans.

Take that Nagin! Who Dat?

Gun Nuts Radio with Gordon Hutchinson

I thoroughly enjoyed listening to my friend Gordon Hutchinson, author of The Great New Orleans Gun Grab on Gun Nuts Radio tonight.

The New Orleans confiscations occurred in 2005, three and a half years ago. These illegal actions by law enforcement were the impetus of my own blog. It is with sadness and discouragement that I realize that so many people three years later, even among gun owners, are still ignorant of or want to deny what took place immediately after Katrina, and is still taking place in and around New Orleans. Illegal gun confiscations by NOPD and surrounding law enforcement is an almost institutionalized practice. When gun owners themselves remain ambivalent because it is not happening to them, we are weakened as a whole.

If you are not familiar with the confiscations of New Orleans, give the show a listen. Then order Gordo's book. If you are really cheap, just follow the labels and links on my blog. It happened. It will happen again and again if we let it. The choice is ours. Remember New Orleans!

Update on New Orleans Gun Confiscations by Police

Tom Gresham brought this up a couple of days ago, and being the gentleman he is, did not mention my name as his source, because he had not asked my permission to do so. The reason he has not asked is that I live in Baton Rouge, and we are still digging out from under Hurricane Gustav...I have not had internet access for over a week now.

In the course of doing research for our book ("The Great New Orleans Gun Grab") Todd Masson (my co-author) and I kept running across stories and evidence that New Orleans traffic cops were taking guns from motorists during routine traffic stops. The ploy used is to ask a motorist if he has a gun in the car, then ask to see it. Upon issuing the traffic citation, the cop asks the motorist if he has a receipt for the gun. Of course, no one has one, so the cop informs the motorist when he/she comes up with a receipt proving ownership, he/she can retrieve the gun at such-and-such a district.

As one of the responders to Tom's thread pointed out, it happened to him in the late Nineties. When he went to the district to get his gun, no one could locate it in evidence, and of course, he never got it back. It apparently was a quite prevalent practice in the years leading up to Hurricane Katrina--so much so, it was one of the factors leading to the wholesale confiscation of guns from holdouts in New Orleans who refused to evacuate. In fact, we described this practice as one of the root causes of the confiscations in our book.

A good friend, a retired NOPD Homicide Lieutenant, told me it was a common practice when he was on the force. In my outrage, I spluttered "They can't do that. That's illegal!"

His answer was "Gordon--I didn't say it was legal. I said they did it..."

We thought the practice had died out. NOPD and the city took such a hit of criticism after the lawsuits by the NRA and SAF, we thought perhaps they had stopped doing it. Then, as we slowly get further from the event, complaints start coming in again of the practice. I have spoken to four people who have had their handguns taken by individual officers during traffic stops in New Orleans since Katrina. I have spoken to several other people who have heard of it.

The most recent was just two weeks ago when one of the local gun stores called me and put the gentleman on the phone--he was there looking for a receipt for his gun, which had been taken by NOPD traffic cops. I know of one person who definitely got his gun back. Apparently, no criticism or punishment was meted out to the female officer that took the gun.

Is it legal? Of course not. It amounts to armed robbery by cop. Louisiana law allows loaded guns in vehicles concealed or unconcealed.

If a cop wants to know the status of a gun, he has the right to run its serial number and description on the National Crime Information Computer--the FBI database into which all law enforcement agencies enter stolen property, wants, warrants on individuals, etc. If a gun does not come back stolen on NCIC, and the person is being investigated only for traffic violations, the cop should give the gun back. He has no legal right to keep it.

How do you avoid it? If it occurs, demand a supervisor come to the scene. They know they are not supposed to be doing it, and anyone who knows his legal rights can likely stand them off. Generally, that will put them off. They bulldoze people who don't know their rights pertaining to gun ownership.

Should you get into a confrontation? I wouldn't. But I would write down their unit number, badge number, and any other information, and file an official complaint with the Internal Affairs Office of NOPD as quickly as possible. Include a description of the gun and its serial number.

If you know of anyone who has suffered such an incident, please PM me. Dan Holliday, the attorney for the NRA/SAF here in Baton Rouge, has been collecting these stories and getting depositions from victims to document an ongoing practice of abuse. The lawsuit against the city of New Orleans pertaining to the gun confiscations after Hurricane Katrina will be going to trial in November. We would like to document as many of these types of cases as we can.

I hasten to add not all NOPD is bad. There are some excellent, professional police officers down there trying to do a thankless job in a dangerous city. Unfortunately, there are some bad apples who see their job as an opportunity to enrich themselves, and add to their own personal arsenal by seizing the legal property of private citizens they stop. It happened before, and in the aftermath of Katrina, and it's happening again.

So warn your friends that travel to the city to have a receipt for their guns if possible--and demand to see a supervisor if stopped by a traffic cop who tries to intimidate them into giving up your firearm.

Thanks for the opportunity to bring this up and let people know about it.

Gordon Hutchinson
"The Great New Orleans Gun Grab"

Damn.

In the state of Louisiana a concealed handgun permit holder is required by law to inform an officer of his permit and whether he is carrying a firearm on his person at the time of a traffic stop. This is best done by giving the officer your CCW permit along with your driver's license. I recommend keeping both hands on the steering wheel after doing so. Before I pull over for a traffic stop, I remove my wallet and place it on the dashboard so the officer can see my hands at all times. He will know of my permit as soon as he runs my plates, before he approaches the vehicle. I keep my vehicle registration and insurance verification papers above the sun visor for the same reason.

In Louisiana, an officer has the authority to disarm a person who is lawfully carrying a concealed weapon in a traffic stop. The weapon should be returned to you afterwards, assuming no arrest is made.

I have been pulled over four times by police in Louisiana since I first obtained a carry permit. (It's been a long time, well before "shall issue".....) I have informed as required by law each time. I have kept my hands in view each time. Only once have I been asked to exit the vehicle and had the officer remove and secure my firearm for the stop. Every other time it was a non-issue. In fact once, a State Trooper passed my concealed handgun permit back to me saying "I don't need to see this." Each time I was cordial and the officer was courteous and professional.

If you are in Louisiana and you do not have a Louisiana CHP or an out of state reciprocal CCW permit, then you are not required to inform, and there are no regulations on how the gun should be carried or secured. The vehicle is treated as an extension of your home. LRS 14:95.2: "Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle." It would be wise to not toss your handgun on top of your license and registration in the glove box though. Once the officer sees the handgun, and especially if it's underneath the registration papers, making you have to reach towards it to provide him with the papers, he will become understandably agitated.

There is a grey area of a CHP holder with no gun on his person, but instead a firearm in the glove box or elsewhere in the automobile. Whether this person has a duty to inform is one that demands scrutiny. Under these circumstances, I recommend informing the officer. I am not an attorney, and my recommendations should not be construed as legal advice.

More.

Locking and Loading

Gun, ammo sales are brisk ahead of storm
By Chris Kirkham Times Picayune
Saturday, August 30, 2008

On what would normally be a slow summer weekday, the three employees at Gretna Gun Works Inc. frantically tended to a crush of customers admiring the racks of shotguns and rifles lined up behind the glass counter.

Among the patrons: a jewelry store owner from eastern New Orleans with plans to stand guard through Gustav; two uniformed Jefferson Parish Sheriff's Office deputies inquiring about additional firearms; and an avid hunter who was in to pick up a 12-gauge he dropped off for cleaning. "It's hurricane season, you definitely want it back now, right?" employee John DeRosier said with a grin as he handed the Beretta shotgun back to the owner.

In yet another sign of hardened sensibilities in post-Katrina New Orleans, managers of gun shops and sporting goods stores across the area report a spike in gun and ammunition sales this week. As Gustav inches closer to the Gulf of Mexico, the stark images of looting and chaos in Katrina's wake remain fresh on residents' minds. Fears of property damage after a frustrating, three-year rebuilding process have some considering staying behind and taking security into their own hands.

Firefighters and other emergency personnel required to stay behind are among the more frequent customers, store managers said. "I just don't think people want to be caught with their pants down," said Robby Lack of Destrehan, who was walking out of an Academy sporting goods store this week with ammunition for the shotgun and two pistols he owns, along with gasoline containers and other hurricane supplies.

Lack plans to stay behind unless Gustav strengthens to a Category 4 or 5 hurricane, although he's quick to admit that his quiet suburban subdivision likely won't see much crime. "I'm not one of those crazy kind of people that think we're going to be at war with ourselves, but you just never know," Lack said. "I have all the faith in the world in our law enforcement, but they can't be at every place at every time."

Charlie Marshall, a towboat captain who plans to watch over his home in Gretna, had a bleaker view of local law enforcement abilities. "If the cops are looting, who's going to protect my ass?" he asked.

After Katrina, some police officers were spotted taking basic supplies from stores, and, in isolated cases, items that didn't appear necessary for survival. Though frustrated after having his purchase of a .22-caliber rifle delayed by a routine background check, Marshall still had several boxes of bullets and buckshot for his shotgun and 9 mm pistol. "Any man that doesn't stand up to protect their own assets doesn't deserve to be here," he said.

The right to bear arms became a flash point of controversy after Katrina, when police officers seized guns from civilians. The outcry from Second Amendment activists led more than a dozen states -- including Louisiana -- to pass laws restricting local officials from confiscating firearms during disasters.

Louisiana requires a concealed-handgun license, but no permits for other guns purchased in the state. Before selling a gun, dealers in the state are required to run the purchaser's name through the FBI's National Instant Criminal Background Check system. Within seconds, the system tells dealers whether the person can purchase a gun, or if more information is needed. The FBI collects those inquiries on a statewide basis, so no data for the New Orleans area was available. This month, there have been 16,968 inquiries throughout the state, compared with 17,062 for August 2007.

Corporate spokeswomen at both Academy Sports and Outdoors and Wal-Mart declined to comment on the rate of firearms or ammunition purchases this week. But traffic through the ammunition aisles at the West Bank Academy was brisk, and lines at the gun counter remained steady this week. Kevin Griffin, a manager at the Jefferson Gun Outlet in Metairie, said crowds in the store this week resembled the first day of hunting season. Even though the storm's path is still up in the air, residents are buying ammunition just like necessities such as batteries and water, he said. "It's just like any other hurricane supply," Griffin said. "People are getting ready."

Inside the dimly lit, wood-paneled Gretna Gun Works, a 60-year-old mainstay for new and antique firearms near the Gretna riverfront, workers have seen nearly a twofold increase in business this week. A black-and-white framed photo of former Sheriff Harry Lee, surrounded by two stuffed pheasants, looked down on the store workers as they enjoyed a rare pause in business. DeRosier stood in front of a bumper sticker that read, "Gun control means using both hands," as he matter-of-factly gave his analysis of looting after Katrina. "They didn't break in where the people had shotguns," he said.

Guns Found in Chef Menteur Pass

Chef Menteur Pass is a waterway connecting Lakes Pontchartrain and Lake Borgne near New Orleans. The New Orleans Police Department and St. Tammany Parish Sheriff's Office make no bones about having used the waterway to dispose of firearms in the past. Beginning in the early 1900s, St. Tammany deputies routinely got rid of confiscated guns by dumping them in Lake Pontchartrain, Sheriff Jack Strain says. The practice continued for decades. The possibility of people diving for and retrieving the firearms before the salt water could destroy them in the strong currents was remote.

After Jack Strain became sheriff of St. Tammany Parish, a new method of firearms destruction was employed. Confiscated firearms were melted down and the process was videotaped. The city of New Orleans did the same, turning them into manhole covers and sewer grates.

After hurricane Katrina, over a thousand firearms were confiscated from residents of the area. Many of these arms are still stored in barrels inside one of the New Orleans police department's trailers. Through a series of lawsuits brought forth by the NRA the ILA and the SAF, the rightful owners of these firearms have at least learned where they are being held. A few rusted and damaged guns have been returned after a NICS background check. The remaining owners have been told to go suck eggs as the New Orleans Police Department and the city of New Orleans began demanding proof of purchase from people who lost everything in the storm. Most of the guns continue to rust away unclaimed, as the owners realized the futility of trying to reclaim property that was wrongfully seized by a police department and city out of control, and especially one that is now faced with going to court over it's actions.

Then, as a construction crane was digging concrete and steel beams out of Chef Menteur Pass earlier this month, a handgun was discovered. At first, workers speculated that a criminal must have dumped it there. It was still in decent enough shape, although rusty. The gun was surrendered to New Orleans police and the work continued. Over the following week, eleven separate firearms were discovered. Next, a clump of rusted pistols and revolvers so covered with barnacles that they might be unrecognizable was brought to the surface.

Perhaps we will never know if any of these firearms dredged up from Chef Menteur Pass were guns confiscated after Katrina. With the long history of firearms destruction and the dumping of guns into the waters of Lake Pontchartrain by the area police departments, the truth will remain shrouded in the murky brine and time. What we do know, however, is that in New Orleans there is still a trailer with barrels of rusted guns waiting for justice to be served.

Congrats Gordo & Todd!

Visit this link for my review and how to order your copy.

Listening To Katrina

Ever consider a "bug out bag?" Ever wonder what it's really like to have to leave your home in an emergency? What do you take? What do you leave? Which way do you go? How the hell do you prioritize? Do you survive, or do you prosper? Or do you die? Two and a half years ago, the Gulf Coast was destroyed by Katrina. I still hear people in my own area talking zombie killing "I am Legend" fantasy bullshit when it comes to surviving a disaster. My own blog, this one, was started as a guttural response to hurricane Katrina.

Although I saw the results of what occurred, I fortunately was not forced to leave home. I did not have to escape with hungry children in tow. My family remained intact and safe. My blog morphed towards other concerns. Other blogs that chronicled Katrina have slipped away. One, "Listening to Katrina" is a resource for those who wish to learn the lessons of survival from the worst natural disaster in U.S. history.

"If you don't like guns, then we're going to need to have a talk about this later. My plan calls for me to take my primary defense gun (in addition to my pistols) with me. I, and I alone, am responsible for the protection of my Health, Wealth, and Family, and the firearm is a key instrument in that philosophy. A gun is not only wealth, but the means to defend that wealth. I am not speaking to you from a theoretical standpoint. Get one."

Go there. Give it a read. Learn. Listen to Katrina.

Idiots With Guns

Infamous New Orleans gun confiscator Mayor Ray Nagin and infamous New Orleans gun confiscator and Police Superintendent Warren Riley show off the new hardware purchased for a city severly lacking in governmental and law enforcement software.

My what big guns you have........

All the better to snatch your guns with.........

Missing Something?

The National Rifle Association has hired private investigators to find hundreds of people whose firearms were seized by city police in the aftermath of Hurricane Katrina, according to court papers filed this week. The NRA is trying to locate gun owners for a federal lawsuit that the lobbying group filed against Mayor Ray Nagin and Police Superintendent Warren Riley over the city's seizure of firearms after the Aug. 29, 2005, hurricane.

In the lawsuit, the NRA and the Second Amendment Foundation claim the city violated gun owners' constitutional right to bear arms and left them "at the mercy of roving gangs, home invaders, and other criminals" after Katrina. The NRA says the city seized more than 1,000 guns that weren't part of any criminal investigation after the hurricane. Police have said they took only guns that had been stolen or found in abandoned homes.

NRA lawyer Daniel Holliday said investigators have identified about 300 of the gun owners and located about 75 of them. Some of them could be called to testify during a trial, he added. "Finding these folks has been a nightmare," Holliday said. "That is really the guts of our case — to establish that there was indeed a pattern of the police going out and taking people's guns without any legal reason to do so."

In April 2006, police made about 700 firearms available for owners to claim if they could present a bill of sale or an affidavit with the weapon's serial number. An attorney for the city and a police department spokesman didn't return a reporter's telephone calls Wednesday.

Alan Gottlieb, founder of the Bellevue, Wash.-based Second Amendment Foundation, said the police department has returned only about 100 of the 1,000 seized guns. "Obviously, we don't expect the city to find everybody. We only wanted to see a good-faith effort, and that's what the city didn't do," Gottlieb added. "It's a bad example to let them get away with it."

In court papers filed Monday, NRA attorneys say finding the gun owners has been difficult because the storm has scattered so many residents. New Orleans had an estimated 455,000 residents before Katrina, but less than two-thirds of that number live there now. The NRA is asking for a delay in the trial, set to begin Feb. 19, saying they need more time to find gun owners. U.S. District Judge Carl Barbier had not yet ruled on the request Wednesday.

By Michael Kunzelman, Associated Press Writer

Katrina was formed on August 23, 2005
Hat tip to Oleg Volk

Danziger Bridge Massacre Testimony Released

Defense attorneys for seven New Orleans police officers accused of shooting a group of people after Hurricane Katrina will be given the complete testimony of two witnesses to the state grand jury that indicted the officers on charges of murder and attempted murder, a Criminal District Court judge ruled Thursday. Chief Judge Raymond Bigelow said in his ruling that federal law requires some of the information in the transcripts be made available to the defense. District Attorney Eddie Jordan's office already provided the defense with redacted copies of the testimony, which blacked out information the office believed the law did not compel it to disclose.

But Bigelow ruled that made the transcripts essentially unreadable. "To cut and paste would dilute the ability of the reader to understand the testimony in this very complex case," he wrote. While grand jury testimony is typically secret, Bigelow noted in his ruling that the trial court judge is given the discretion to determine whether the material should be disclosed. In every criminal case, prosecutors are required to turn over evidence to defense attorneys that is favorable to the defendant, as well as evidence that can be used to discredit a prosecution witness.

Bigelow gave Jordan's office until Thursday to turn over the copies to the defense team or decide to ask the 4th Circuit Court of Appeal to review his decision. Prosecutors at the hearing declined to respond to the ruling, and an office spokesman did not return a phone call.

The shootings on and near the Danziger Bridge on Sept. 4, 2005, left two men dead: Ronald Madison, a 40-year-old man with the mental capacity of a child, and 19-year-old James Brissette. Four people were also severely wounded in an onslaught that the survivors have described as an unprovoked hail of bullets from police officers who did not identify themselves. The police have maintained that they shot at the people on Danziger Bridge only after rushing to the bridge after hearing a radio call about officers in jeopardy and then being fired at. Two of Madison's siblings attended Thursday's hearing and expressed dismay that the grand jury testimony would be made available. "Little by little, this is really violating the justice system," said Romell Madison.

Townsend Myers, the attorney for officer Michael Hunter, said he believes the decision will help the defense. "This gives us the opportunity to use the testimony at trial," he said. In a reflection of the complex nature of the case against the seven New Orleans Police Department officers, Myers and two other defense attorneys have already reviewed all of the transcripts of every witness before the grand jury, but they weren't given copies to prepare for trial or to use as evidence. The unusual arrangement was agreed to by Jordan's office in April.

Attorneys for Hunter, Sgt. Kenneth Bowen and officer Ignatius Hills looked at the transcripts in Bigelow's chambers. The attorneys were looking for evidence to support their contention that the three officers should not have been indicted because Jordan compelled their testimony before the grand jury in exchange for immunity. Bigelow has yet to rule on a motion to dismiss the charges against the three officers because of the immunity. After looking at the testimony, the defense lawyers thought the statements of Tony Humfleet and Lance Madison contained information that all the lawyers should see because the two civilian witnesses to the shootings contradicted each other, according to Bigelow's ruling.

Defense attorneys have also said Lance Madison, whose brother was fatally shot by an officer in front of a motel at the foot of the Danziger Bridge on Chef Menteur Highway, made statements to the grand jury that contradict ones he made before a judge less than a month after the shootings. Lance Madison was arrested after the shootings and booked with firing at the police, although the state grand jury later cleared him of any wrongdoing. At a bond hearing in late September 2005, Madison testified about his experiences on the bridge.

At least one defense attorney has pointed out that Lance Madison, in that hearing, described walking over the bridge with his brother and initially being shot at by six teenagers before the police arrived on the scene and also began shooting. The Madisons had been walking over the Danziger Bridge after a failed attempt to reach their mother's house in flooded eastern New Orleans. They had been staying at Romell Madison's dental office on the Gentilly side of the bridge.

Former officer Robert Faulcon faces a first-degree murder charge for the shooting of Ronald Madison, as well as another count for the shooting of Brissette. Bowen, Sgt. Robert Gisevius, and officer Anthony Villavaso also face first-degree murder charges for shooting Brissette.

The four officers also face a number of attempted-murder charges, along with Hunter, Hills and officer Robert Barrios, for shooting at people who were either wounded or not hit.

New Orleans Residents Arming Themselves

By Mary Foster, Associated Press Writer
Fri Mar 23, 11:04 PM ET

NEW ORLEANS - Sixty-four-year-old Vivian Westerman rode out Hurricane Katrina in her 19th-century house. So terrible was the experience that she wanted two things before the 2006 season arrived: a backup power source and a gun. "I got a 6,000-watt generator and the cutest little Smith & Wesson, snub-nose .38 you ever saw," she boasted. "I've never been more confident." People across New Orleans are arming themselves — not only against the possibility of another storm bringing anarchy, but against the violence that has engulfed the metropolitan area in the 19 months since Katrina, making New Orleans the nation's murder capital.

The number of permits issued to carry concealed weapons is running twice as high as it was before Katrina — this, in a city with only about half its pre-storm population of around 450,000. Attendance at firearms classes and hours logged at shooting ranges also are up, according to the gun industry. Gun dealers who saw sales shoot up during the chaotic few months after Katrina say that sales are still brisk, and that the customers are a cross-section of the population — doctors, lawyers, bankers, artists, laborers, stay-at-home moms. "People are in fear of their lives. They're looking for ways to feel safe again," said Mike Roniger, manager of Gretna Gunworks in Jefferson Parish.

Citizens, the tourism industry, police and politicians officials have been alarmed by the wave of killings in New Orleans, with 162 in 2006 and 37 so far this year. A Tulane University study put the city's 2006 homicide rate at 96 slayings per 100,000 people, the highest in the nation. National Guardsmen and state police are patrolling the streets of New Orleans. In neighboring Jefferson Parish, which posted a record 66 homicides in 2006, the sheriff sent armored vehicles to protect high-crime neighborhoods.

In New Orleans, police have accused the district attorney of failing to prosecute many suspects. Prosecutors have accused the police of not bringing them solid cases. Some people are losing faith in the system to protect them.

Earnest Johnson, a 37-year-old chef who lives in Kenner, bought his first gun recently and visits a shooting range regularly. "Things are way worse than they used to be," he said. "You have to do something to protect yourself."

Kevin Cato, a 41-year-old contractor, bought a .45-caliber handgun for protection when he is working in some of the city's still-deserted areas. "But it's not much safer at home," Cato said. "The police chased a guy through my yard one time with their guns out."

In New Orleans, the number of concealed-carry permits issued jumped from 432 in 2003-04 to 832 in 2005-06. In Jefferson Parish, 522 permits were issued in 2003-04, and 1,362 in 2005-06. Mike Mayer, owner of Jefferson Indoor Range and Gun Outlet in suburban Metairie, said that despite the dropoff in population, sales are up about 38 percent overall since Katrina. Just how many guns are out there is anybody's guess. Gun buyers in Louisiana are not required to register their weapon or obtain a concealed-carry permit if they keep the gun in their house or car.

In a measure of how dangerous New Orleans is becoming, guns are finding their way into criminal hands at an alarming rate. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives' "time-to-crime" analysis of the interval between the legal sale of a gun and the time it is seized in a crime investigation is five years on average around the nation, said ATF spokesman Austin Banks. In New Orleans, time-to-crime is six months, he said.

This sometimes happens because of "straw purchases," in which a buyer obtains a gun for someone not legally eligible to purchase one. Many guns also are stolen from homes and cars. While many are buying guns for protection, only two defensive killings of criminals by civilians took place in New Orleans in 2006, according to police. No charges were filed against the shooters. Westerman, an artist who lives in the city's Algiers neighborhood, is prepared to use deadly force. "I'm a marksman now. I know what I'm doing," she said. "There are a lot of us. The girl next door is a crack shot."

This is news? Click here. Obviously, what the author of this article ignores in the last paragraph is that honest gun owners do not give guns to criminals, rather, criminals steal them. The ATF's "time to crime" ratio simply shows there are a lot of dangerous criminals on the loose and stealing guns in New Orleans. Perhaps honest people should buy guns to protect themselves there. The criminals, afterall, will use knives to ply their trade if guns magically disappear. Somehow, I don't think guns will magically disappear. They may legally disappear for honest, law abiding citizens, but guns will never evaporate.

Furthermore, often, crimes in which the criminal was deterred by the sudden realization his intended victim was armed with a gun and might kill him in self defense, are far higher than those reported. Only "two defensive killings of criminals by civilians" does not mean that many many criminals aborted their crime to go on to find another unarmed victim. The murder rate in New Orleans, 162 in 2006 and 37 so far this year, as stated by Ms. Foster, aptly demonstrates that criminals will find victims. I wonder if Ms. Foster knows how many of those 199 dead people had a gun? I would wager none of them did.

Ms. Foster needs to release her anti-gun bias. People are not as stupid as she apparently believes them to be. I think it's time for another "Chief Warren Riley Kiss My Ass Shotgun" in salute of Ms. Foster.

The Untold Story of Gun Confiscation After Katrina

Update on the Nagin Contempt of Court Ruling

From the NRA, Fairfax, VA- Today, attorneys for the National Rifle Association of America received a check from New Orleans City Attorney Joseph Vincent DiRosa, Jr. who was ordered to pay partial legal fees and costs to NRA's attorneys for expenses incurred. Mr. DiRosa's delaying tactics were called "wholly unprofessional" by Federal District Court Judge Carl Barbier.

While we are grateful for this small payment, we remain steadfast in our belief that the City of New Orleans continues to be in contempt of court and must make every effort possible to return the wrongfully and illegally confiscated firearms to their rightful owners.

Every ruling thus far by the courts has reinforced the fact that the Second Amendment applies to all law-abiding Americans, including law-abiding residents of the City of New Orleans.

This is in direct contradiction to the absurd claims made by the Nagin Administration that the Second Amendment somehow did not apply in New Orleans.

Danziger Bridge Massacre Wrangling

In a plea bargain deal, the death penalty is no longer a possibility for the officers involved in the Danziger Bridge Massacre after hurricane Katrina in New Orleans. Assistant District Attorney Dustin Davis from District Attorney Eddie Jordan's office in New Orleans said the DA will ask for the alternative sentence of life in prison without parole rather than execution if the four officers are convicted. He declined to explain the decision.

The relieved officers are Sgts. Robert Gisevius Jr. and Kenneth Bowen; and Officers Anthony Villavaso, and Robert Faulcon Jr. Two other accused officers, Robert Barrios and Mike Hunter Jr. were charged with attempted first-degree murder, and Officer Ignatius Hills was charged with attempted second-degree murder.

Killed on the Danziger Bridge were Ronald Madison, a 40-year-old mentally retarded man, and James Brissette, 19. Four other people were severely wounded. All were trying to reach safety in flood ravaged post-Katrina New Orleans. Ronald Madison's sister Lorna Humphries said family members "Completely support the district attorney's office in their decision."

The accused officers continue to work for the NOPD in low profile jobs. They may not wear uniforms, make arrests or carry weapons, and they're closely monitored, police officials said. The defendants must wear ankle bracelets that track their whereabouts. Ronald Madison's brother, Romell Madison, called for Mayor Ray Nagin to overturn Police Superintendent Warren Riley's decision to let the officers return to work, calling it "a slap in the face of justice."

Another Madison brother, Lance Madison, was arrested and framed for attempted first degree murder immediately after the Danziger Bridge Massacre. He was exonerated of any crime in December, 2006, after spending months in jail.

"My brother Lance has still not been able to return to work," said Lorna Humphries, who owns an engineering consulting firm. "It's been hard on him. First he watched his brother gunned down then he was arrested. He's been out of work 17 months now, but the police are back. Is that fair?"

Developing...........

Foiled Robbery in NOLA

The 22-year-old wounded suspect died at the scene after taking a pounding from debris thrown onto him by people in the bar, while his companion disappeared on foot, according to witnesses and a bar videotape. Police haven’t yet released the dead man’s name, but said he is from New Orleans.

Would-be robber killed by guard in Mid-City bar
Patrons pelt dying suspect with debris
Sunday, December 31, 2006
By Karen Turni Bazile

Bar owner Frank Barrera acted quickly and quietly when he spotted two men pulling out pistols as they entered his newly opened Mid-City business Saturday about 2 a.m. Pulling an armed security guard behind a wall next to the bar, Barrera waited a few moments as one of the men grabbed a patron and dragged him behind the bar, and moved toward Barrera’s wife, Maria, who had been counting money near the cash register. As the bar customer wriggled free, the guard fired a shot into the robber’s torso, dropping him on the spot.

“That’s the best thing we had to do. I had seen the guys walking in, and that was good. So we got ready,” said Barrera, who opened his La Finca Home Plate Inn at 542 S. Jefferson Davis Parkway six weeks ago. “It’s very hard to explain because it was so fast and happened in maybe 30 or 40 seconds. It’s very scary.” He said his wife of 19 years “almost got shot in the head.”

The 22-year-old wounded suspect died at the scene after taking a pounding from debris thrown onto him by people in the bar, while his companion disappeared on foot, according to witnesses and a bar videotape. Police haven’t yet released the dead man’s name, but said he is from New Orleans. Police and business people in some New Orleans neighborhoods have struggled in recent weeks to cope with armed bar robberies. It wasn’t known if suspects involved in Saturday’s incident will be linked to other incidents that have terrorized patrons and bartenders.

Barrera, 54, said he had operated a nearby restaurant for 30 years before Katrina and worked for months to open the new business, but knew he would need a guard and security cameras to protect his customers in a post-Katrina climate. According to witness and the New Orleans Police Department, the gunman behind the bar was shot once in the left torso by a former criminal sheriff’s deputy working a security detail. The single shot apparently hit a major artery, said officer Sabrina Richardson, police spokeswoman. The Police Department classified the shooting as a justifiable homicide and filed no charges against the guard, but Richardson said the district attorney’s office will review the incident. The department wouldn’t immediately identify the guard.

Beyond official police statements, a security camera tape captured the drama. It shows two armed gunmen charging the bar, which had several customers at the time, and grabbing two patrons as hostages as they tried to get to money that Maria Barrera was counting. As a male hostage broke free behind the bar, the guard reached out from a spot near a corner of the bar and shot the gunman, who had grabbed Maria Barrera. The other gunman fled when the shot was fired. Then patrons took matters into their own hands until police arrived.

The customer who had been held hostage behind the bar grabbed the robber’s gun on the floor as the wounded man reached for it. Still clutching the bag of money, Maria Barrera maneuvered around the would-be robber while two other female bartenders, who had hid under the bar, scooted out with her. Patrons threw various objects at the gunmen as one fled and the other remained on the floor, struggling to get up. Bottles and at least one bar stool were hurled at the prostrate man, and the tape shows one patron climbing over the bar and stripping off his shirt before someone stopped him.

In the tape, the security guard took the suspect’s gun away from the patron who had grabbed it, and the customer reclaimed his stool at the bar and immediately took a swig from his beer. With Spanish and English music blaring from the juke box during service to a lunch crowd Saturday, about 10 hours after the incident, Barrera and others at the split-level restaurant spoke openly about their post-Katrina crime worries.

“I was very lucky,” said Maria Barrera, who added she didn’t know how she managed to move quickly as she faced armed men. “I was looking at two guns,” she said.

Miguel Lara, taken hostage briefly in front of the bar by the gunman who would escape, wasn’t able to free himself. “He was crazy,” Lara said. “He had a gun in my face.”

Others encouraged the Barreras to add security to discourage other bandits. “This needs to be a wake-up call to the thieves that the people are not going to tolerate their thuggery and are going to arm themselves and protect themselves,” said Ronnie Waguespack Jr., an amusement machine operator and longtime friend of Barrera who came to empty the juke box Saturday.

Barrera was pleased to hear promises from police officers who responded to the attempted robbery, who said they would be more vigilant. The bar owner said he wants his customers to feel safe now that he has worked hard to renovate a building that had been badly flooded. Barrera said he has no regrets and rested easily, although for a brief time, before returning to the restaurant Saturday morning. “I slept well,” he said. “We saved my wife. We saved all the other ladies and other customers.”

Police described the second suspect as 5 feet 8 inches tall and 160 pounds, wearing blue denim jeans and a white shirt. Homicide Detective Barret Morton is in charge of the investigation. He can be reached at (504) 658-5300.

At Last.........

Seven New Orleans police officers were indicted today on a variety of murder and attempted murder charges arising from misguided use of deadly force on the Danziger Bridge in New Orleans, six days after hurricane Katrina. The killings, locally known as the Danziger Bridge Massacre, left two innocent people dead and four more seriously wounded, as they were trying to escape the ravages of the storm.

Today, the state grand jury finally called bullshit on the New Orleans Police Department's version of what happened on Sept. 4, 2005. The killings have been portrayed by the officers involved, the NOPD, and the MSM as an appropriate response to sniper fire at rescue workers near the bridge in eastern New Orleans. The dead victims have been demonized as criminal snipers. The injured survivors fled New Orleans in the aftermath, and gained little exposure in the press as they tried to tell their story. The facts demonstrate that the only people shooting at people that day were officers of the law. Indeed, the grand jury cleared Lance Madison, a man whom police had arrested that day and booked framed with attempted first degree murder for supposedly shooting at law enforcement. Lance Madison had no firearm. No person in his group had a firearm.

Four police officers, Sgt. Kenneth Bowen, Sgt. Robert Gisevius, Officer Anthony Villavaso, and Officer Robert Faulcon, were charged with the first degree murder of James Brissette, a 19 year old man. Faulcon was also charged with the first degree murder of Ronald Madison, a 40 year old mentally retarded man who was shot seven times in the back. Three additional officers at the scene that day were also indicted on charges of attempted murder.

"We cannot allow our police officers to shoot and kill our citizens without justification, like rabid dogs," District Attorney Eddie Jordan said in a news release. "The rules governing lethal force are not suspended in an emergency. Everyone, including police, must abide by the law of the land." Damn right. Well said Mr. Jordan.

More information, including autopsy reports.

Arrest in the 9th Ward

Give Them Back!

The NRA is asking for donations to help fund the fight specifically to force the return of legally owned, illegally confiscated firearms in New Orleans after hurricane Katrina. Over one thousand firearms are still being held by New Orleans police in a doublewide trailer. Owners are showing up with serial numbers and receipts, and still, their guns are not being returned.

Go to GiveThemBack.com to learn more and make your contribution. The video evidence of these confiscations is now available, containing much more footage and testimony than has ever been released before. If you think you have seen the extent of this constitutional rape, you are wrong. You have only seen the tip of the iceberg! A DVD documenting these illegal confiscations, as well as the NRA response will be shipped for donations at or above $30.