Attorney: Gun-Toting Teen May Sue City For Arrest

BIRMINGHAM (Talk Radio 1270) So, what's next for Sean Combs, 18, who was acquitted of criminal charges for carrying a rifle through downtown Birmingham?

His attorney Jim Makowski is considering a civil suit against the city of Birmingham, telling Charlie Langton Friday morning on Talk Radio 1270 "we're still looking at our options at this point."

"We tried to get the city to see reason on over a half-dozen occasions, we asked them to dismiss the case, we said 'We'll absorb out attorney fees, just dismiss the case.' The city chose to go forward anyway," Makowski said.

"I can tell you one thing, we offered to dismiss this case without any cost to the city of Birmingham on over six occasions, they chose not to. If there is a civil suit, I think people need to ask 'Why wasn't this case dismissed before trial?'"

Makowski said Combs had to pay attorney fees and had this case "hanging over his head" since April. The teen was charged with brandishing a firearm and disturbing the peace after a crowd gathered while police demanded that Combs produce ID when he was spotted walking in busy downtown Birmingham with a rifle strapped to his back.

He told police he didn't legally have to show ID and was within his legal rights to openly carry a licensed weapon. Police apparently questioned Combs' age at the scene.

"There's a reasonable suspicious he was under 18," Langton said, about the young-appearing Combs.

He eventually produced his ID, though he noted to police he didn't have to. Combs was still arrested.

"Michigan law does not require anyone to produce ID on demand," Makowski said. 'They were rude and disrespectful to my client from the get-go.

"Nobody called 911, nobody was following him ... That was it, he was minding his own business," Makowski said, adding the only thing that drew a crowd was police "harassing" him.

Juror Ed Kickham told WWJ Newsradio the evidence did not show Combs had violated the law, though he said some jurors were concerned about the law itself.

"Perhaps the open carry law, with its limitation on being allowed only to people over the age of 18, that there ought to be a right for the police to stop and question and find out if you're, if you're old enough to carry the weapon,"  Kickham said.

The Birmingham city attorney said Combs was showing off and wanted to shock people.