http://www.nj.com/hudson/index.ssf/2009/06/exjersey_city_gun_store_owner.html

Ex-Jersey City gun store owner gets probation after firing .357 Magnum in air

by Michaelangelo Conte/The Jersey Journal

Friday June 05, 2009, 12:13 PM

A former Jersey City gun store owner who fired into the air while he was apparently being attacked outside a Downtown club two years ago was sentenced today to two years probation and 100 hours of community service and ordered to undergo anger management counseling.

[highlight]"This type of behavior[/highlight] [color="Blue"](defending oneself against nigger attack) [highlight]both by Mr. (David) Murray and the public at large must be deterred,"[/highlight] Hudson County Assistant Prosecutor Leo Hurley said before Superior Court Judge Fred Theemling sentenced Murray. "It's particularly troubling when an individual who is entrusted, in a sense, with the sale of guns, behaves with a gun in this fashion."

[highlight]Theemling revoked Murray's license to sell firearms in September 2007 and as convicted criminal, he will be unable to possess a firearm.[/highlight]

Murray was originally indicted on two counts of unlawful possession of a weapon, two counts of possession of a weapon for an unlawful purpose, aggravated assault and [highlight]bias intimidation[/highlight] in connection to the May 3, 2007 incident across Newark Avenue from his shop.

But it was learned that when the case against Murray was presented to the grand jury, jurors were told he was not licensed to carry guns. Theemling found that to be incorrect and dismissed three of the weapons charges in June 2008.

Later, prosecutors threw out the remaining charges, presented the case to a grand jury again and re-indicted Murray on the three counts Theemling hadn't thrown out.

In the end, Murray, who owned David's Sporting Goods, pleaded guilty to possession of a weapon for an unlawful purpose.

[highlight]If Murray had gone to trial and be convicted of all the charges, he would have faced up to 20 years in prison.[/highlight]

[highlight]On the night of the incident, Murray had left his store and found someone double-parked beside his car refusing to move.

A nearby security camera captured images of Murray appearing to yell something that turned heads in the crowd outside Jordan's Lounge. Two men then get out of the vehicle and walked to Murray's vehicle.

At least one man can be seen swinging punches at Murray before Murray fired his .357 Magnum into the air.

The two men then go back to their vehicle and sped away.[/highlight] [color="Blue"](self defense, anyone?)

Murray filed charges against two men in Jersey City Municipal Court identified as Donnell Rawlings and Eddie Powell, but the charges were later dismissed. Rawlings played "Ashy Larry" on "Chapelle's Show," which aired on Comedy Central.

Asked for his reaction to the fact that only Murray was charged, his attorney, Peter Willis of Jersey City, said: "While we are not happy with it, we don't control the charging process."

Murray said he was happy to have the matter behind him and he shook Hurley's hand after the hearing.

Murray said he will open a new sporting goods store in Jersey City. This time he will not sell guns.

"We have no issue with Mr. Murray being involved in business here in Jersey City,'' Hudson County Prosecutor Edward DeFazio said, "just as long as there are no firearms."