Veteran facing up to 92 years in prison for unlawful possession of ammunition and clips

 

Worcester – After a one day trial and several hours of grand jury deliberations the verdicts were read, and Mr. Phillips was immediately taken into custody by court officers. This after a Worcester County grand jury returned a guilty verdict today for all ten counts in the case of the Commonwealth of Massachusetts v. David Phillips.

 

 

 

According to testimony, this was as a result of a motor vehicle stop by the Worcester Police Department on March 03, 2011.  After a search warrant was executed by the Worcester Police, the ammunition and clips were located in the trunk of a vehicle which was allegedly not registered to Mr. Phillips, this according to testimony.

 

Mr. Phillips was indicted on nine counts for unlawful possession of clips, one for every clip, (large capacity feeding device), depicted below, (Click to view)

and the 10^th count was for alleged unlawful possession of ammunition without the proper permit or license. Mr. Phillips maintains his innocence, but now faces up to 92 years in prison.

Rick Morrow, a friend and court room supporter during the case said, “I think that the prosecutor got a guilty verdict based in part, or in whole because of the use of many articles that were present in the vehicle, that anyone could buy at a store, and were not directly related to the charges were used to sensationalize the case and incite the jury”.

This verdict is so harsh because of the laws in Massachusetts, some of the toughest in the nation. After Massachusetts adopted the provisions of the federal, Brady Handgun Violence Prevention Act in 1993 they kept the provisions, even after the federal law provisions expired.

Mr. Phillip’s attorney is expected to appeal the decision to a higher court.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10

*(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years.

*Up to Ten years per clip X 9