An Atlantic County Prosecutor who was criticized for his handling of the Ray Rice assault case is now allowing a Philadelphia mother who was arrested for carrying a legally-owned gun in the wrong state into the same program he allowed the former NFL star to enter.
Shaneen Allen, 27, is now allowed to enter the Atlantic County Pretrial Intervention Program, giving her the opportunity to have the charges against her dropped upon successful completion.
On October 1, 2013, Allen, 27, was pulled over in Atlantic County, New Jersey for a routine traffic stop. When the officer approached her vehicle, the mother of two informed him that she had a handgun in the car and presented her concealed carry permit for Pennsylvania.
Allen quickly learned that her Pennsylvania gun license held no legal weight in New Jersey when instead of getting a traffic ticket, she was arrested and charged with unlawful possession of a weapon and armor penetrating bullets. Due to the charges, she now faces a possible 3 ½ to ten years in state prison.
Records show the director of Atlantic County’s Pretrial Intervention recommended Allen for the program. Successful completion of the program would have kept Allen from serving jail time and expunged her record of any charges.
Atlantic County Prosecutor Jim McClain and Superior Court Judge Michael Donio denied Allen’s acceptance into PTI however. The prosecutor and judge have received criticism for allowing NFL player Ray Rice into that same program after he punched his fiancée in an elevator at the Revel Casino, knocking her unconscious.
After receiving criticism, McClain sent a letter to Donio asking that Allen's case be adjourned to allow a review. Donio granted the request and Allen's trial was postponed from October 6 to October 20.
On Wednesday, the Atlantic County Prosecutor's Office released a clarification of the 2008 "Graves Act" directive, which deals with incidents in which out-of-state residents who hold a valid permit to carry a firearm in their home state are arrested in New Jersey and charged with illegal possession of a firearm under New Jersey law.
According to the clarification a defendant may "avoid conviction for a Graves Act crime by being admitted to the PTI program." The clarification also states that under New Jersey law prosecutors are "not permitted to reject categorically a defendant's application for PTI on the grounds that he or she is charged with a crime that is subject to the presumption of imprisonment or a mandatory minimum sentence."
Upon reviewing the clarification, McClain allowed Allen to enter the PTI program.
"I determined that the defendant in this case should be offered the opportunity to be admitted into the Atlantic County PTI Program and I have communicated that determination to the Court and to defense counsel," McClain wrote in a released statement. "In the next few weeks I will review similar cases that are pending within our jurisdiction and make appropriate decisions following the application of the factors sent out in the clarification."
Even though Allen has been allowed into the program, the charges against her have not been officially dropped. The charges will only be dismissed if she successfully completes the program. Yet even though the charges haven't been dropped, Allen is still happy about the opportunity.
"This is a big victory," she told NBC10. "This is the biggest victory I've ever had. I feel like justice has been served finally."
Since her story first surfaced, Allen has received support from various groups and individuals. The New Jersey Second Amendment Society recently put up billboards in Atlantic County which read, "Free Shaneen From Unfair Prosecution."
Photo Credit: NBC10.com