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I know West Virginia’s license plates boasts that the state is still wild, but I’m pretty sure they meant more like “natural and untouched beauty” and less like “turning our civic institutions into shooting ranges.” But what do I know?
Anyway, the latest tale of utterly absurd, and frankly terrifying, courtroom shenanigans comes to us from West Virginia, where a judge allegedly waved his gun at lawyers for the defendant in a fossil fuel royalties case.
According to reports, attorney Lauren Varnado wanted to bring a security team into the courtroom after previously receiving threats. That was rebuffed, which, honestly, seems like a good idea. I’m firmly in camp fewer-guns-in-the-courtroom. But Circuit Court Judge David Hummel Jr. had a VERY DIFFERENT reaction.
According to a sworn affidavit submitted to the Judicial Investigation Commission of West Virginia, Hummel decided the right reaction was to pull his own gun (described as a Colt 45 or 1911 model) from a holster underneath his robe:
“Aren’t me and my guns and security enough?” Hummel was alleged to have asked as he took out a Colt handgun and waved it in Varnado’s team’s direction. “My guns are bigger than your security’s guns!” he allegedly said.
Really, this is turning into a measuring contest? How obvious can you be?
Varnado told NBC her reaction was, well, entirely relatable: “I could not believe it was happening.” She continued, “I was like, ‘This is psychotic.’” Which… yes.
Vernado also indicated there were underlying tensions between her team and the judge over efforts to have him disqualified over a potential conflict of interests.
Hummel spoke with The Daily Beast, the outlet that broke the story, and initially denied having a gun in the courtroom, “I absolutely, categorically deny I had a gun that day in the courtroom. It was just me and the attorneys. I had no reason to have a firearm that day.”
In a second call, Hummel changed his story, saying he did have a gun on him (his Colt Peacemaker), but not the specific model of gun Varnado describes him varnishing (his Colt 1911), “I wore the Colt Peacemaker. The Peacemaker never ever came out of the holster during that trial.”
In subsequent calls, his story morphed even more, saying he *did* have his 1911 gun with him, but “[i]t was secreted in a drawer on the bench. I never showed my (Colt) 1911 at the trial whatsoever — at any point during that trial.”
However, The Daily Beast reports two witnesses from the court staff confirmed Hummel drew his gun and bragged about having it in his possession.
Does Judge Hummel want to go for another try at his version of events? Not yet? Okay, buddy.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
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