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Man Kicked by SPD Officer Lee Now Convicted on Gun Charge

There’s an ongoing debate about gun laws in Seattle and the state of Washington. Gun control activists decry the dangers of firearms, while gun rights advocates claim that every person has a right to defend himself or herself against those who could do them harm.

This difference of opinion crossed my mind when I found out that 18-year old D’Vontaveous Hoston was found guilty this week of unlawful possession of a firearm. You may remember Hoston as the man who was repeatedly kicked by a Seattle police officer in October of 2010 outside a Belltown convenience store. Officer James J. Lee was slapped with a fourth-degree assault charge after store surveillance video which captured the incident was broadcast over the Internet and on local media outlets. Hoston has filed a lawsuit in federal court in connection with the alleged assault.

Thursday’s verdict pertained to an unrelated incident last July, when Hoston was arrested by King County Sheriff’s deputies. After breaking up a fight, the deputies discovered that Hoston was carrying a pistol in the waistband of his pants. Hoston now faces between 15 and 27 months in prison when he is sentenced next month.

Gun in Waistband Tattoo - Not relevant to Hoston's case but I couldn't resist

Here’s what made me think of the gun control debate: At the time of his arrest, Hoston said that he was carrying the gun in order to protect himself from the police.

It’s possible that Hoston was just being flippant. But here is a guy who himself has been victimized by excessive force courtesy of Seattle police (a practice which was cited in a recent federal investigation), so he has a history of suffering harm at the hands (or more accurately, feet) of law enforcement. Yet he is not allowed to carry a gun to defend himself against what has been demonstrated in the past as a real threat to his well-being.

Some would quickly respond that Hoston’s conduct out in public near or associated with public fighting put him at risk to more confrontations, which does not justify lethal force.  He should be smarter, they might argue, and stay home and read a book.

But presumably, Hoston’s specific crime was possessing the pistol without a concealed carry permit (which he is not eligible for since he is under 21 years of age). If we as a society can permit citizens to legally carry weapons to protect themselves against potential injurers, then is it fair to deny Hotson that same right?  He’s someone who actually has a legitimate, real reason to fear based on past treatment from police.