CHARGES OF FILING A FALSE POLICE REPORT AND IMPROPER STORAGE OF A FIREARM AGAINST CAPE COD MAN AND RUSSIAN IMMIGRANT ARE DISMISSED AT CLERK’S HEARING.

Defendant, a resident of Hyannis, called police while intoxicated to report that his roommate stole his gun. When Barnstable Police arrived at the scene, Defendant was intoxicated and was yelling that his roommate stole his gun. Police found the gun sitting on the top of some laundry. Police placed the Defendant in protective custody because he was intoxicated and posed a threat of harming himself or his roommate. Police charged Defendant with making False Reports to Police Officers (G.L. c. 269, §13A) due to falsely accusing his roommate of stealing his gun. Police also charged Defendant with Improper Storage of a Firearm.

Result: At the clerk’s hearing, Attorney Gerald J. Noonan convinced the clerk to dismiss the charge of Filing a False Police Report for lack of probable cause. Attorney Noonan brought Defendant’s roommate to the hearing as a character witness. The roommate worked for Defendant’s roofing company and Defendant gave him a place to live because he was homeless. The roommate did not want the Defendant charged and wanted the case dismissed. The roommate stated that the Defendant was a good boss and a good man for giving him a place to live while he got back on his feet. The criminal complaint will be dismissed so long as Defendant remains out of trouble.