Gundersen was originally charged with eight felonies, including spousal rape, witness tampering, possession of a machine gun and a silencer. He was also charged with three misdemeanors, including violation of a court order, possession of a controlled substance and unauthorized disclosure of information.
The rape charge and two of the misdemeanors were dismissed. After a jury trial in September, 2008, Gundersen was found guilty of the submachine gun and silencer possession felonies, plus a misdemeanor charge of violating a court order....
On Thursday, March 15, a state appeals court overturned the two felony convictions. Gundersen had contended that Humboldt County Superior Court Judge Marilyn Miles failed to adequately instruct the jury about exemptions in state law that allow regular, salaried, full-time police officers to possess machine guns and silencers. He claimed that his possession the Heckler & Koch MP5 submachine gun and silencer were within the scope of his duties.
Through his attorney, Russell Clanton of Arcata, Gundersen argued that the prosecution was required to prove beyond a reasonable doubt that the exemptions did not apply. He contended that had the trial court told the jury that the prosecution was required to prove unlawful possession of the weapons, it would have understood the applicable exceptions.
The appeals court’s decision cites case law which requires that juries must be properly instructed regarding burden of proof, and that the trial court didn’t indicate which party – prosecution or defense – was required to prove whether the exemptions were applicable or what the standard of proof was.
◼ Gundersen's felonies reversed; appeals court finds court improperly instructed 2008 jury - Thadeus Greenson/The Times-Standard
A California appellate court has reversed a pair of 2008 felony firearms convictions against David Gundersen, leaving the possibility that the former Blue Lake Police chief will face another trial.
The California First Appellate District court ruled Thursday that the trial court inadequately instructed Gundersen's jury on the prosecution's burden of proof necessary to convict the defendant on charges that he illegally possessed a submachine gun and a pistol with a silencer.
”This is one of those few cases where justice delayed is not justice denied,” said Gundersen's attorney Russell Clanton. “I always felt he was innocent of those counts.”
On Sept. 24, 2008 -- after a two-month trial in which Gundersen faced more than two dozen criminal counts -- a jury convicted him of 14 charges. Of those, only a misdemeanor conviction of violating a court order stands today.
Humboldt County District Attorney Paul Gallegos said he's still waiting to hear from the state Attorney General's Office as to whether it intends to petition the California Supreme Court to review Thursday's ruling. If the Attorney General's Office declines to file the petition, Gallegos said he would strongly consider re-filing the firearms charges against Gundersen.
”The evidence remains what it was, and I don't believe we will have any problem trying the case again,” Gallegos wrote in an email to the Times-Standard.
