Does this make any sense to you? WRAL reports
Smithfield police arrested a Kenly man Friday for allegedly shooting two men last week with a stolen 9 mm sub-machine gun.
…was charged with two counts of assault with a deadly weapon with intent to kill inflicting serious injury, one count of carrying a concealed gun and one count of possession of a stolen firearm.
Why would a person who allegedly shot two people with a “stolen 9mm sub-machine gun” not be charged with possession of a weapon of mass destruction? The News and Observer has his mugshot plus this description
Eric Cruz Pineda: 2/25/2011, 0311002891. 5’09″, 170. Charged with: ASSAULT W/DW/INT/K/SER INJ 14-32 A. POSS STOLEN GOODS 14-71.1 (F).
So this guy is charged in the high court of public opinion of shooting two people with a “stolen sub-machinegun,” but in the actual, legal, courts is charged with
§ 14‑32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.
(b) Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.
(c) Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon.
If any person shall possess any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing or having reasonable grounds to believe the same to have been feloniously stolen or taken, he shall be guilty of a Class H felony, and may be indicted and convicted, whether the felon stealing and taking such chattels, property, money, valuable security or other thing shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and any such possessor may be dealt with, indicted, tried and punished in any county in which he shall have, or shall have had, any such property in his possession or in any county in which the thief may be tried, in the same manner as such possessor may be dealt with, indicted, tried and punished in the county where he actually possessed such chattel, money, security, or other thing; and such possessor shall be punished as one convicted of larceny.
But not charged with this
§ 14‑288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction;
(c) The term “weapon of mass death and destruction” includes:
(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or
(d) Any person who violates any provision of this section is guilty of a Class F felony.
Is WRAL making up the record?
Update: When I contacted the Web Editor, she replied
Arrest warrants state that Pineda was in possession of a 9mm Intratec DC9 9mm sub machine gun. We only got the warrants from Smithfield police. It’s possible there are state and/or federal charges pending.
Now a TEC-9 is a semi-auto pistol, albeit one which has a design that scares some people.
What it is not is a sub-machine gun. I’ll be contacting the Smithfield Police to ask them.