Trial to begin Tuesday for man charged with criminal posession of a weapon
By: Chelsea Rarrick
Updated: December 10, 2012
It was in May of 2011 when Utica Police responded to a "shots fire" call on Genesee St. and Watson Pl. where a man was killed.
Police say it was during that investigation when police discovered Andre Jackson "hiding" by a car on that night several houses away from the crime scene.
"He was taken into custody and then as the investigation continued, officers were able to locate a handgun underneath the car so the man was eventually charged with possession of that handgun," said Sgt. Steve Hauck with The Utica Police Department.
No over a year later, Jackson is set to begin trial on Tuesday for criminal possession of a weapon in the second degree charge.
With an arrest and a homicide happening in the same area and night, Sgt. Hauck says it can raise a lot of questions.
"I'm sure people will loot at this and say, well this must be the person who was involved and the real answer is, is that the investigation at this point not only do we have to deal with a trial of a possession of a weapon....but we also have a homicide investigation," said Sgt. Hauck.
Jackson's attorney, Les Lewis says that Jackson was just lying near the car during the time and the gun was found around six hours later not in his possession.
"The allegation is that there was some trace of DNA on some material attached to the gun. The people must prove possession. Nobody is going to be able to say when where or how my client ever possessed this gun," said Lewis.
Lewis says the 2011 homicide should not be brought up in the trial because Jackson hasn't been charged in the deadly shooting.
Sgt. Hauck says right now, Mr. Jackson is not linked to the shooting.
Police say it was during that investigation when police discovered Andre Jackson "hiding" by a car on that night several houses away from the crime scene.
"He was taken into custody and then as the investigation continued, officers were able to locate a handgun underneath the car so the man was eventually charged with possession of that handgun," said Sgt. Steve Hauck with The Utica Police Department.
No over a year later, Jackson is set to begin trial on Tuesday for criminal possession of a weapon in the second degree charge.
With an arrest and a homicide happening in the same area and night, Sgt. Hauck says it can raise a lot of questions.
"I'm sure people will loot at this and say, well this must be the person who was involved and the real answer is, is that the investigation at this point not only do we have to deal with a trial of a possession of a weapon....but we also have a homicide investigation," said Sgt. Hauck.
Jackson's attorney, Les Lewis says that Jackson was just lying near the car during the time and the gun was found around six hours later not in his possession.
"The allegation is that there was some trace of DNA on some material attached to the gun. The people must prove possession. Nobody is going to be able to say when where or how my client ever possessed this gun," said Lewis.
Lewis says the 2011 homicide should not be brought up in the trial because Jackson hasn't been charged in the deadly shooting.
Sgt. Hauck says right now, Mr. Jackson is not linked to the shooting.
