Tennessee's lieutenant governor supports a Memphis state senator's effort to remove the chief prosecutor in Tennessee's largest county, Memphis' Shelby County, for alleged 'dereliction of duty' related to felons carrying weapons, Tennessee Lookout reports. Lt. Gov. Randy McNally, Republican, said he “wholeheartedly” supports efforts by Republican state Sen. Brent Taylor to dismiss District Attorney General Steve Mulroy from office for “failing to properly prosecute convicted felons in possession of a firearm.” Taylor plans to file a Senate resolution after the November election to remove Mulroy, who plans to adopt a policy allowing non-violent felons to avoid being prosecuted for possession of weapons. While acknowledging district attorneys' discretion, McNally emphasized it should not allow them to disregard established laws. He highlighted Mulroy's consistent refusal to prosecute laws he opposes. Even though a county’s voters elect district attorneys general, the Legislature can oust them with a two-thirds vote.
Mulroy, a Democrat serving his first term after defeating Republican Amy Weirich, said his office continues to prosecute illegal gun possession cases, including possession of a gun connected to drug crimes and possession of a Glock switch, which makes those types of handguns fully automatic. However, Mulroy noted his office is “open to offering a diversion track, on a case-by-case basis for those defendants who have no history of violence or significant criminal history and seem reformable.” He said those types of offenders would be prosecuted but could avoid conviction by meeting “stringent requirements” for rehabilitation. The policy is designed to free up prosecutors to focus on offenders who “use a weapon,” he said. Taylor acknowledged Monday that district attorneys general have “prosecutorial discretion” but contended that state law prohibits felons from possessing weapons and argued if Mulroy thinks non-violent felons should be excluded, then he should lobby the Legislature to change the law. He denied that his effort to remove Mulroy is a political move and maintained that the district attorney has “abused his prosecutorial discretion.”
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