In May of 2020, George Floyd an African American man was brutally killed by a white police officer. The officer knelt on his neck during an arrest, even after Floyd was heard repeatedly saying “I can’t breathe.” The murder of George Floyd sparked national outrage, which started up protests nationwide. Following the protests, Chicago emerged as a center for peaceful protests and episodes of civil disturbance. In the midst of the protests a significant legal event occurred, where a gun charge was filed against Heriberto Carbajal-Flores who fired several shots. The charges were later dropped, this stirred up heated controversy, and raised questions about the response of law enforcement.
A Detailed Look At Carbajal-Flores Case
Heriberto Carbajal-Flores the defendant is not a U.S. citizen yet he has been living in Chicago since 2002. Amid the night of the George Floyd protests Heriberto stood guard over a shop, in the Little Village neighborhood. Yet he does not have an affiliation with the shop. As claimed by the defendant, multiple men tried to break into the shop. Shortly after the defendant participated in what he narrates as an “impromptu neighborhood watch,” to safeguard the establishment.
At close to 9:53 p.m., Heriberto claims that a member of the neighborhood watch gave him a gun. At about 10:33 p.m. a white law enforcement van pulled up to a corner of the street near the shop. Heriberto asserts while the government disputes, that the police advised him “If you have anything, you should get it.” The defendant interpreted this as a signal to arm himself, yet he had already taken it upon himself to do so.
Between the times of 9:30 p.m. and 10:40 p.m., Heriberto saw about four vehicles ride past the shop. He claims that one of them shouted threats, a different one aimed guns at the watch and two accelerated from in front of the shop. Heriberto then walked into the crosswalk at 11:06 p.m. Then a white car passed through the intersection where he stood, without coming to a halt. A surveillance video shows the car slightly swerving to its right, Heriberto took this as the car attempting to strike one of the members of the watch. The defendant has never argued that the car tried to hit him, its occupants had guns, or had threated him verbally.
Gunfire Erupts
Besides this Heriberto still pulled the firearm out of his pocket and launched seven shots. He argues that these shots were only warnings. Heriberto then proceeded to aim his firearm at an additional vehicle as it rode by without swerving or stopping.
He repeatedly squeezed the trigger, but thankfully the gun did not go off. He then tried to unjam the firearm and fire more shots, however his attempt wasn’t successful. Two minutes after this, police officers placed Heriberto under arrest.
Charges Against The Defendant
Since the defendant is an undocumented immigrant in the United States, he faced charges for violating § 922(g)(5) in 2020. Which is a provision of the United States Code, which forbids any noncitizen without legal authorization to be in the U.S. from possessing firearms or ammunition in or affecting commerce, or receiving any firearm or ammunition that has been transported across state or international borders.
On June 2, 2020, Carbajal-Flores’ bond was granted in the amount of $5,000 and he was released from jail the following day. Following his federal indictment in September of 2020, he was let go on an unsecured bond by federal judge Sharon Johnson Coleman.
Carbajal-Flores’ Charges Got Dropped, But Why?
Federal judge Sharon Johnson Coleman governed that the man who was unlawfully living in the U.S, had the constitutional right to possess a gun for self-defense. She ruled that the federal restriction on unauthorized immigrants possessing firearms is unconstitutional, and dismissed the gun charge against Carbajal-Flores. Coleman concluded that because of his clean criminal record, and the non-violent nature of the circumstances leading to his arrest, his Second Amendment right should not be stripped from him.
Controversy Following Coleman’s Ruling
Following Illinois’ Judge Coleman’s ruling a wave of controversy and questions about the response of law enforcement emerged. An Illinois representative Dan Caulkins certainly had an reaction to the ruling. He stated that “It says something about the state of Illinois and their willingness to prosecute people who don’t have concealed carry licenses or FOID [Firearm Owners Identification] cards.” Representative Caulkins clarified that the Carbajal-Flores case was considered as an “as applied lawsuit.” indicating that the ruling only applies to this specific individual. He also Voiced his concerns regarding similar cases that might arise in the future.
Following the conversation with Representative Caulkins, there was an attempt to contact legislators representing diverse viewpoints, the Illinois state police and Judge Coleman. However, there was no immediate response.
Written by Jaliyah Triplett
Sources:
Case Text: United States v. Carbajal-Flores
Chicago Sun-Times: A gun charge filed during George Floyd rioting in Chicago is dismissed amid controversy by Jon Seidel, Frank Main and Tom Schuba
News Nation: Illinois judge rules illegal migrants can carry guns by Damita Menezes
News Chanel 20: Illinois judge ruling: Illegal immigrants’ firearm possession rights controversial
New York Post: Illinois judge rules illegal migrants can carry guns
