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SALT LAKE CITY — The hearing was just a minute away from ending with a federal judge declining to give Dell Schanze's guns back to him pending trial.
And then Schanze asked to address the court.
During the next 15 to 20 minutes, "Super Dell" Schanze made a passionate, last-ditch plea to get his guns back, sometimes fighting back tears as he talked about protecting his family, while other times frequently using the words "evil" and "terrorism" to describe prosecutors and the media.
"I am being persecuted," he told Judge Dee Benson. "I don't think anyone in this courtroom has been as exemplary as I have."
Schanze, 45, founder of Totally Awesome Computers, as well as Totally Awesome Guns and Range, faces misdemeanor charges for allegedly chasing and [temporarily taken into custody](http://www.ksl.com/?sid=32139444&nid=148</akicking an owl while flying in his motorized paraglider more than three years ago — an incident that surfaced in a YouTube video last year.
The recent court hearings for Schanze, known for having a vociferous personality, have been marked by odd outbursts in court. During an initial hearing in December, Schanze was ) for making outbursts in his case and the one before his.
During a hearing on Dec. 30, Schanze told the court that a human head was thrown through his window after a judge ordered that all of his guns be removed from his house pending trial and that he undergo a psychological evaluation.
Keeping Schanze's guns
On Tuesday, a hearing was held to appeal the decision to take Schanze's guns away.
Schanze's defense argued that his past criminal history was mostly made up of arrests but not convictions, that most of it was 10 to 20 years old, and that prosecutors were exaggerating what really happened. Furthermore, his attorney, Kent Hart, argued that if his client was considered a responsible gun owner before the allegations, he should still be now.
"There's just no need to have this provision," Hart argued.
Prosecutors, however, noted that it seemed to be more than coincidence that Schanze kept finding himself in situations where a gun was drawn. For the reassurance of pretrial officers who check his house, they asked that the guns stay out of his house.
Benson agreed to keep the gun ban in place, saying it was "appropriate" and "not an uncommon" restriction. He urged the defense that if Schanze wanted to get his guns back faster, to hurry up and get the trial over with.
The judge did agree with the defense's request not to have a psych evaluation.
But after Benson had issued his decision and was just about to have court adjourned, Hart stood up and said his client wished to address the court.
Schanze's impassioned plea
Schanze, who had been wearing dark glasses throughout the hearing, took off his glasses and stood before the judge.
"What she's saying is completely unfounded and false," he said, pointing to Assistant U.S. Attorney for Utah Karin Fojtik. "She wasn't there, and she doesn't know any of what happened."
Prosecutors pointed out that Schanze's arrest record for investigation of charges of concealed weapons violation dated back to 1992. But Schanze said his record reads like a "record of awesomeness." He contended the incidents cited by prosecutors were a record of "being a hero in the community."
Schanze said he used a gun to either defend himself or his family in every situation and that he never pointed a gun at anyone. He said Clark Aposhian, chairman of the Utah Shooting Sports Council, used his incidents as examples in concealed weapons classes where students are taught "how to act like 'Super Dell.'"
Schanze pointed to charges filed in a 2005 incident in which he displayed a gun during a heated argument after allegedly speeding through a neighborhood. The incident received significant media attention. He was acquitted of the gun charge but found guilty of giving false information to police.
Still, Schanze said Tuesday he should have never been charged.
"That is harassment. That is terrorism," he said of the charges.
Schanze then became emotional as he told the court that he was trying to protect his family.
"Where's the apology from the court?" he asked passionately.
Schanze continued, pointing to the courtroom gallery and saying that "the evil media" told "every lie" about him, said the video of him allegedly kicking an owl was fake and he used a gay slur to verbally attack those he claimed made the video. He said there were people in the world "trying to destroy everything honorable people do."
Schanze begged Benson to stand up for honest Christians before talking about when he enlisted as a Marine and "swore an oath to God" to do right and was a "military veteran standing up for the Constitution I fought for."
Schanze said he had done "exemplary service" in his community, had a "perfect record" and then asked the judge if his bailiffs were Christian.
Schanze told Benson that if he truly were a danger to society he should just be locked up.
Near the end of his rant, Schanze thanked Benson for letting him talk for so long and then took a verbal shot at U.S. Magistrate Judge Brooke Wells for not allowing him to talk in her courtroom, saying she "did not have emotional stability or intellect."
Benson told Schanze he spoke "very well" and that he didn't find him to be a "bad guy," but temporarily keeping his guns out of his house was a common request.
At the end of Schanze's speech, the government asked the judge to reconsider not making him get a psychological evaluation. Benson declined.
"Let's get this to trial," the judge said.
Even if Schanze is convicted on the misdemeanor charges, he would likely get his guns back, the judge said.
Attorneys Tuesday said they expect a trial in April.










