An Erie man who claimed he could not be prosecuted on weapons charges under the Second Amendment was convicted by a jury of illegally possessing firearms. <\/p>\n
Philip R. Zapata, 37, of 6705 Preston St. was ordered held in jail after the jurys verdict this week. <\/p>\n
Monroe County Circuit Judge Michael A. Weipert remanded Mr. Zapata to jail after he was convicted of three counts of being a felon in possession of firearms and one count of committing a felony while possessing a firearm. <\/p>\n
Mr. Zapata, who relayed beliefs in court that are similar to those known as sovereign-nation citizens, acted in his own defense. A 12-member jury deliberated about an hour before finding the defendant guilty on all counts, said Monroe County Assistant Prosecutor Jack Simms. <\/p>\n
Mr. Simms said the defendant claimed that he could not be charged with weapons violation felonies because he was protected under the Second Amendment of the U.S. Constitution, the right to bear arms. <\/p>\n
Mr. Simms called six witnesses, including Erie Township Police Chief Dean Ansel, who testified that he had a legal search warrant when he entered the defendants home Feb. 6, 2014, and found weapons inside. Mr. Zapata was convicted of a felony drug charge previously and was not allowed to be in possession of weapons. <\/p>\n
Inside the house, police found three different guns, including a rifle in a bathroom, a 9mm handgun behind a trap door in a wall and a shotgun behind a freezer. Mr. Zapata claimed he had a legal right to own the guns, but the jury disagreed. <\/p>\n
Chief Ansel said the trial had to be interrupted up to eight times while the judge excused the jury so he could explain proper procedures to Mr. Zapata, who insisted on defending himself. He added that Mr. Zapata often held up a book in court claiming it to be the Constitution and saying that he was bound only by laws in that book. <\/p>\n
I think the judge did a terrific job of running the courtroom and not letting things get out of hand, Chief Ansel said. And I praise the jury for keeping their attention. <\/p>\n
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