By: Olivia Rubin and Nalani Kamae
Forum Court’s case “The People vs. Jason Nelson,” has caused quite a stir.
At issue, the appellant had been charged with carrying a loaded firearm in a vehicle with an enhanced offense for gang affiliations, violating Pen. Code Section 26100, subd. (a) and Section 186.22 subd. (d), according to Jeremy Tremble, Law Clerk in the Memorandum of this court case.
The respondents of this case, Forum delegates Courtney Sungent and Isabella Wood, described the evidence as “circumstantial,” and said that nothing presented was “concrete evidence” on whether the minor’s weapons were gang related or not.
Appellant Mia Rael raised the question of why Jason Nelson would drive to an area known to be under heavy gang influence with an unloaded gun? Her answer was that he wouldn’t.
Rael’s associate Dylan McCarthy also used the example of the People vs. King in 2006 to argue that the driver had to have had the knowledge that the firearm was loaded, which the respondents rebutted.
In the end, Forum Court Justices ruled in favor of the respondent for gun affiliation, and in favor of the appellant for gang affiliation.