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Ohio Gun Owner is Acquitted.
The trial of Garry Swirsky

Reported by William Smith
March 27, 2001

 

I’ve just spent a week watching the trial of Garry Swirsky in the Court of Common Pleas of Cuyahoga County, Cleveland Ohio, for the charge of carrying a concealed weapon in violation of the Ohio revised code. I don't know Mr. Swirsky personally, but I have a sense of what he has gone through, and I am outraged at just how something like this could happen in America.

Mr. Swirsky, the only defense witness, was acquitted by a jury of his peers of any offense against the people of the State of Ohio. The jury agreed that he acted within the law when he admittedly carried a concealed weapon while transporting firearms and cash when arrested at his bank on November 26th, 1999.  (See past article for background.)

In order to give you the barest of glimpses into this fiasco, a few highlights of what I saw follow below.

The jury selection was in itself an enlightening sight. Even those who admittedly disliked the idea of guns in the hands of the average citizen, or guns at all, ultimately agreed that it was not the gun that killed or injured, but the person behind it.

The bank personnel identified that he did indeed have sufficient funds in his accounts to cover the certified check he wanted to cash; that he had been banking there 2 or 3 times a week for several years; that the manager did have the authority to cash his check if she wanted to for “established customers”, but did not acknowledge that he was an established customer; that as of December 1st, all funds in his accounts had been released but that as of Dec. 15th, he still had not gotten his money back from the bank.  (All of these had bearing on the case.  Again, see past article for background.)

Officer #1 testified that he entered the bank alone, did not address Mr. Swirsky but did grab his arms from behind. One of several contradictions arose when Officer #2 testified that he came into the bank and heard officer #1 tell Swirsky to place his hands on the railing before grabbing him.

Officer #1 also testified that the gun taken from Swirsky (.45 Colt Officers - Series 80) did not have the manual safety on. But then he testified that he “didn’t notice that the hammer was cocked and the safety off until he took it back out of his pocket”. 

There were other contradictions in testimonies given, as well. It felt like these guys were making things up to try to get a conviction against Mr. Swirsky, rather than let the facts speak for themselves.

The detective read what he testified was Swirsky’s statement, which stated, “he has been informed by the police that the bank manager said he threatened her with a shotgun”. Swirsky denied making any such comment in his statement.

Mr. Swirsky testified to the following:

  • He was transporting firearms and cash.

  • It was common knowledge that he did so as a self-employed businessman and avid target shooter, (whose gun was registered making it public record.)

  • He considered it reasonable and prudent to go armed under the circumstances, as Ohio law allows and as the jury agreed was legal. 

Garry Swirsky was found NOT GUILTY of carrying a concealed firearm illegally -- in the corrupt anti-rights state of Ohio whose state constitution says,

"The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power."  -- Ohio Constitution Article I, Section 4

and also says,

"All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety."  -- Ohio Constitution Article I, Section 1

but where decent people with no criminal record must invest tens of thousands of dollars to defend the very rights outlined above.

Pathetic.

Garry Swirsky did nothing wrong -- and certainly did nothing to deserve the wrath of the oath-breaking non-Americans in badges who trampled his rights. Have you seen the Oath of Office for Ohio public servants? If not, you should look at it -- and so should our fearless "protect and serve" coppers and their bosses in our state.

Let's be glad the jury did the right thing by acquitting an innocent man while cops were giving conflicting testimonies about the case and doing their best to put him in jail for carrying a gun to protect his life and property.  My patience level has been tested about as far as it can go, and I'm not the only one, believe me.

Related Reading:

Abused Ohio Gun Owner Tells His Story -- The Garry Swirsky Interview

 

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 QUOTES TO REMEMBER
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.— Benjamin Franklin Historical Review of Pennsylvania. [Note: This sentence was often quoted in the Revolutionary period. It occurs even so early as November, 1755, in an answer by the Assembly of Pennsylvania to the Governor, and forms the motto of Franklin's "Historical Review," 1759, appearing also in the body of the work. — Frothingham: Rise of the Republic of the United States, p. 413. ]

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