<![CDATA[Washtenaw Watchdogs - Fitz Toussaint Arrest]]>

University of Michigan’s starting running back, Fitzgerald Toussaint, was arrested on July 22, 2012 for drunken driving, after he ran a red light[1]. The incident occurred while crossing Washtenaw Ave from Forest Ave to Observatory Dr. at 11:45 PM.

He was observed running the red light by two Saline police officers who were participating in a high visibility enforcement effort to crack down on drunken driving. He pulled over immediately when the officers turned on their overhead lights and was cooperative.

He was driving a 2007 white Ford-F150 pickup truck with Florida license plates, 978-PJH (VIN# 1FPX12V47NA48865). The Florida Dept. of Highway Safety and Motor Vehicles confirms that the vehicle does not belong to Mr. Toussaint but would not disclose the owner because of federal privacy laws. The Saline Police Department also would not disclose the vehicles owner because they said that the information was obtained from the state LEIN database and was therefore confidential (although the police reports and video show that Mr. Toussaint gave them his registration paperwork).

He told the officers that he had 1-2 beers that night but in his courtroom allocution he admitted to drinking an unknown quantity of brandy before he left home. He failed a field sobriety test and his blood alcohol was 0.12% (legal limit is 0.08%). That blood level would reflect about 7 shots of alcohol if consumed in 1 hour for a 200 lbs. man.

He was arrested and handcuffed at the scene[2]. The police reports say that the UM police assisted in finding another sober licensed driver who was given the vehicle rather than having the vehicle towed. The University denied having any record of an assist from UM police, although, the video shows a UM police officer at the scene. There is no record of who the vehicle was given to and since Mr. Toussaint did not own the vehicle he presumably would not have the right to give the vehicle to a third party.

During the search of the vehicle, subsequent to Mr. Toussaint’s arrest, Officer Ringe found a “look-alike” Smith & Wesson SW-40 semi-automatic BB gun, hidden under the driver’s seat. The officer asked Mr. Toussaint if the gun belonged to him and he said that it did.

The manufacturer describes the gun as follows;

“This BB gun is a replica pistol based on the S&W Military and Police firearm. An element of realism is added with a 19-shot drop out BB magazine. The Smith and Wesson M&P CO2 pistol has a manual safety, double action trigger that's amazingly close to the actual handgun, and fixed front and rear fiber optic sights.” [3]

Michigan State law defines the word firearm as follows;

"Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

The definition of pistol makes the law somewhat confusing because it is uncertain whether something that is not otherwise a firearm is illegal if it has been disguised to be one. However, because of the ambiguity, it is difficult if not impossible to prosecute a look-alike as a pistol.

Federal law requires the manufactures of “look-alike” airsoft guns to mark the guns with a bright orange tip or other approved markings so that police officers and others can tell from a distance that the gun is not a real firearm, however BB guns are not subject to that law [5]and it is not illegal for the owner to remove the orange tip unless prohibited by state of local laws.

The video shows Officer Ringe carrying the gun, which has no orange markings. Officer Ringe seized the gun as “for safe keeping” and it is still being held by the Saline Police Department more than a year after Mr. Toussaint’s case has been adjudicated.

In the last session of the State Senate, a bipartisan group of Senators sponsored a bill to make it illegal to remove the safety markings on “look-alike” guns[6].

“The People of the State of Michigan Enact:

Sec. 225.

(1) Except as provided in subsection (2), a person shall not do either of the following:

(A) Remove, disguise, cloak, cover, conceal, or mask the colored marking required on a toy, look-alike, or imitation firearm under the laws of this state or the United States.

(B) Add or install any color or markings that are required for an imitation firearm under the laws of this state or of the United States in a way that makes a firearm look more like an imitation firearm.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 18 months or a fine of not more than $10,000 or both.

The bill passed out of committee but did not pass the whole Senate and died with the end of the legislative session. Rick Jones, one of the original sponsors, says that there are no plans to reintroduce the bill. It is, however, an indication that removing the markings that distinguish a “look-alike gun from a real gun is a serious matter.

Many years ago, when very realistic airsoft guns were the new rage, some Pioneer High students playing hooky, were driving in front of the school on Stadium Blvd. One of the teens pointed the airsoft pistol at a middle aged woman driving alongside the car he was in – big mistake. Very big mistake. The woman, Detective Mary Smith had the occupants of the car face down on the pavement in the intersection of Main and Stadium, pointing a very real gun at them.

Since Toussaint was not driving his own car, it indicates that he put the gun in the car when he drove it. This was not illegal but it raises the question, why was he carrying a gun that was disguised to look like a real gun? Even if it does not break any law, it seems like a very unwise practice to be transporting a look-alike gun under the driver’s seat.

fitz_toussaint_police_reports.pdf
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[2] https://www.youtube.com/watch?v=NSsKiY-81G4&feature=em-upload_owner

https://www.youtube.com/watch?v=USw41Til1ww&feature=em-upload_owner

[3] http://www.umarexusa.com/Smith-Wesson-M-P-Black.html

[4] http://www.legislature.mi.gov/(S(0hqkow45jjgi44igaarkd345))/mileg.aspx?page=getobject&objectname=mcl-8-3t&query=on&highlight=firearm

[5] 15 USC Sec. 5001 01/16/96 -EXPCITE- TITLE 15 - COMMERCE AND TRADE CHAPTER 76 - IMITATION FIREARMS
(1) Except as provided in paragraph (2) or (3), each toy, look-alike, or imitation firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such toy, look-alike, or imitation firearm. Such plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of such firearm.

[6] Senate Bill 779

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