MAYVILLE – A 2014 SAFE Act violation indictment against a Silver Creek man was dismissed in Chautauqua County Court Monday morning.
Judge Stephen W. Cass dismissed charges against Benjamin Wassell who was convicted on May 30, 2014 of third-degree criminal possession of a weapon and two counts of third-degree criminal sale of a firearm.
Wassell was previously arrested after selling a so-called assault rifle to undercover police.
In an interview with WNYNewsNow following the court proceedings, Wassell’s attorney said the extreme downstate agenda is responsible for originally brining the case.
“What the public has to understand is that the local authorities did not want to prosecute they brought in people from New York City,” Wassell’s Attorney Jim Ostrowski told WNYNewsNow. “It was under Eric Schneiderman’s regime and he was trying to use Ben to score political points to run for higher office.”
“There may not be perfect justice in the world but there is a thing called karma because he (Schneiderman) was subsequently forced out of office when the New Yorker credibly alleged he had physically abused four different women,” said Ostrowski.
Previously, the New York State Supreme Court Appellate Division ruled that then Attorney General Eric Schneiderman did not have the legal authority to prosecute the SAFE ACT violations against Wassell.
“The reason for the second amendment is to protect Americans from government tyranny and the fact of the matter is it has worked,” explained Ostrowski. “We don’t have routinely masses of protestors shot in the streets, we don’t have coup d’état every couple of months, when the people have the right to bear arms it actually creates political stability and peace.”
A press conference held by 2AWNY.COM civil rights advocate Steve Felano, Wassell and his attorney is scheduled for noon Monday.