Bay City man's stun gun charge dismissed, but appeal could drag on

Cole Waterman, Published: Friday, April 22, 2011, 7:12 PM

BAY CITY — Though a Bay City man is no longer facing a potential four years in prison for carrying a stun gun, his case likely will become the focus of an appeal process that could go all the way to the state Supreme Court.

Bay County Circuit Judge Joseph K. Sheeran on Thursday dismissed a felony charge of possession of a stun gun against Dean S. Yanna, 41, of Bay City. The judge ruled the statewide ban on the weapon violates the federal Constitution’s Second Amendment right to keep and bear arms.

Yanna said he learned of the decision Friday night when he was online. An article about it was posted on Mlive.

“It’s a load off my mind. It’s one less stressful thing I’ve got to worry about,” Yanna said.

But Bay County Assistant Prosecutor J. Dee Brooks said his office will appeal the decision, which means the case could linger over Yanna’s head for years.

“It’s definitely going to the Court of Appeals,” said Yanna’s attorney, Kenneth W. Malkin. “I can’t imagine they would not hear the case under these circumstances. It could go beyond that.

“It’s not unusual for a case to be in the Court of Appeals for a couple of years,” Malkin continued. “It’s a very long process.”

Malkin pointed out that Sheeran’s decision does not suddenly legalize stun guns or Tasers, stating that another judge could have delivered a different ruling.

Yanna said he plans to move to Savannah, Ga., to be with family, but has remained in Bay City because of the charge. Even with the charge dismissed, he said he is not allowed to leave Michigan and still is bound by the conditions of his bond.

Malkin said it is theoretically possible for Yanna to move out of state, though he would have to obtain the court’s permission to do so.

Yanna was arrested in June after he was spotted wearing a stun gun on his belt while he worked a late shift at Old Town Party Store, 204 S. Henry St. on the city’s West Side. Yanna’s father bought the stun gun in Texas and gave the device to his son as a gift.

“I thought it was ridiculous,” Yanna said of his arrest and the subsequent charge. “It makes me feel not right about the laws here. A little old lady should be able to carry one; it’s safer than giving her a gun.”

Michigan is one of six states to totally ban stun guns and Tasers.

“I think it’s great,” said Joe Lau, spokesman for Glen Allen, Va.-based BestStunGun.com. “A lot of people are looking for a legitimate way of self-defense and they don’t want a gun or anything lethal. (Stun guns are) definitely a great deal for a lot of people. They do want some protection, and to not allow it does not make sense.”

Lau said he often has to turn away potential customers from Michigan because of the state law, but is optimistic this will change.

“At least there is a case on the books that they dismissed,” Lau said. “I’m very excited for the people of Michigan.”

Related topics: dean yanna

http://www.mlive.com/news/bay-city/index.ssf/2011/04/bay_city_mans_stun_gun_charge.html