It appears his claim of self-defense was believed by the judge.
Martin L. Smith, 20, is charged in U.S. District Court for the Northern District of Iowa with possession of a firearm and ammunition by an unlawful user of a controlled substance. He was ordered to remain in federal custody after a preliminary hearing last week.
According to court documents, Dubuque police on Sept. 22 received multiple calls about shots fired in an alley in the 1600 block between White and Jackson streets. Police arrested Smith at 1889 1/2 Jackson St.
Smith told an officer he was in the alley during the shooting and claimed he was shooting back out of self-defense, court documents stated. Officers located a gun hidden at his home. A urine test for Smith came back positive for THC, police said.
Smith initially was charged with going armed with intent, being a felon in possession of a firearm, reckless use of a firearm causing property damage, assault while displaying a dangerous weapon and first-degree harassment.
However, Iowa District Court Judge Thomas Bitter on Monday dismissed all but the first-degree harassment charge.
Sunday, November 29, 2015
Federal Gun Charges After Dismissal of Most State Charges
From Nov. 29, 2015 THOnline: