Firearms Offenses
Commonwealth v. S.B. – Brockton District Court
IMPROPER STORAGE of FIREARM: DISMISSED
Police were dispatched to the Defendant’s residence in response to a 911 call. Upon arrival, police spoke to the Defendant’s brother-in-law who reported that he received a call from the Defendant’s wife telling him that the Defendant was highly intoxicated and she needed help. They wanted to bring the Defendant to the hospital so he could receive treatment for his substance abuse issues. Defendant refused and became argumentative. Prior to the police arriving, Defendant fled from the house. Police were concerned because the Defendant was wearing only a T-shirt and shorts and it was freezing outside. Later, police observed the Defendant fighting with his brother-in-law in the street. The fight caused a disturbance in the neighborhood. After breaking up the fight, police arrested the Defendant for Disturbing the Peace. After his arrest, police received information that some of the Defendant’s firearms may have been missing from his gun locker. The Defendant’s wife directed officers into the basement of their home and gave them permission to search the Defendant’s gun locker. The police observed that the gun locker was partially open and not locked. Due to the locker not being securely locked, police charged the Defendant with Improper Storage of a Firearm and seized all his firearms, which included: six rifles, two shotguns, and ammunition.
Result: Attorney Patrick J. Noonan filed a Motion to Suppress arguing that the Defendant’s wife did not have lawful authority to give police consent to search the Defendant’s private property. The hearing on the Motion to Suppress was continued. Prior to the next scheduled hearing, Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the Improper Storage of a Firearm.
Commonwealth v. K.R. – Waltham District Court
IMPROPER STORAGE of FIREARM: DISMISSED AT CLERK’S HEARING
Defendant was a retired 62 year-old grandfather of three with no criminal record. It was alleged that the Defendant negligently left his loaded revolver in a public bathroom.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate not to issue the criminal complaint against his client. The Clerk-Magistrate accepted Attorney Gerald J. Noonan’s proposal to dismiss the criminal complaint after six-months, so long as the Defendant does not commit any offenses. The criminal complaint will be dismissed on January 21, 2017, so long as the Defendant does not commit any new offenses.
Commonwealth v. B.H. – New Bedford District Court
ASSAULT & BATTERY: DISMISSED / RELEASED FROM JAIL
A & B with DANGEROUS WEAPON: DISMISSED / RELEASED FROM JAIL
DESTRUCTION OF PROPERTY: DISMISSED / RELEASED FROM JAIL
Defendant’s girlfriend called 911 to report that she had been assaulted by the Defendant and she was bleeding. The girlfriend told police that the Defendant started a verbal argument and he pushed her into a fish-tank causing the glass from the fish-tank to shatter. The girlfriend told police that pieces of the shattered glass were lodged in her body. She attempted to call 911 but the Defendant threw her cell phone to the ground and fled the apartment. Police observed the Defendant running in the area and they arrested him. Defendant was charged with Assault & Battery, Assault & Battery with a Dangerous Weapon, and Malicious Destruction of Property. Defendant was arraigned on these charges and released on personal recognizance.
While his case was pending, Defendant was arrested and charged with Assault & Battery (subsequent offense) and Malicious Destruction of Property stemming from a completely separate incident with his family. Police were dispatched to the residence of the Defendant’s parents for an Assault & Battery. Upon arrival, Defendant’s brother told police that the Defendant had punched him in the face. Police observed redness and swelling to the brother’s face. Defendant’s mother told police that the Defendant attacked her by grabbing her hair and attempting to push her down. Defendant’s father told police that the Defendant wrestled him to the ground. Police observed that the father had redness to his back and neck. The new offenses were eventually dismissed for lack of prosecution.
Because the Defendant committed these new offenses while his previous case was pending, the Commonwealth moved to revoke the Defendant’s bail. On 04/20/16, the Court revoked the Defendant’s bail and the Defendant was placed in custody. Defendant was facing 90 days in the house of correction because his bail was revoked by virtue of the new offenses.
Result: Defendant retained Attorney Gerald J. Noonan while he was in custody at the house of correction. Immediately, Attorney Gerald J. Noonan marked the original case for trial. Attorney Gerald J. Noonan obtained exculpatory text messages sent to the Defendant’s cell phone by his ex-girlfriend, the alleged victim – as well as exculpatory voice mails left on the Defendant’s cell phone by the alleged victim. Attorney Gerald J. Noonan located a witness who had been in a relationship with the alleged victim. This witness was willing to testify that the alleged victim had made threats to falsely accuse of him of crimes if she didn’t receive certain things in return from the witness. That is, if the witness did not comply with her demands, she would call the police and falsely accuse him of a crime. This was precisely the situation in the Defendant’s case. In the Defendant’s case, the alleged victim called 911 and falsely accused the Defendant of these crimes because the Defendant was unwilling to give in to the alleged victim’s demands. The evidence obtained by Attorney Gerald J. Noonan presented Fifth Amendment issues for the alleged victim because she would have incriminated herself when testifying against the Defendant at trial. On the day of trial, all criminal charges were dismissed and the Defendant was released from custody.
Commonwealth v. C.S. – Wareham District Court
IMPROPER STORAGE of FIREARM: DISMISSED AT TRIAL
Defendant called 911 to report that her husband had taken her revolver and threatened to shoot himself with it. Defendant was able to take the revolver away from her husband. Upon arrival, police spoke with the husband who stated that he had taken his wife’s revolver from her gun safe, which was unlocked, and threatened to shoot himself with it. The husband was taken to the hospital for a mental health evaluation. Defendant told police that she had locked her gun safe and that her husband must have known the combination in order to access the firearm.
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan was prepared to argue that the Commonwealth failed to meet its burden of proving that the firearm in question was a working firearm and capable of discharging a shot or bullet. The Commonwealth failed to have the firearm examined and test fired by a ballistician in order to prove that the firearm was operable. In addition, Defendant’s husband invoked his marital privilege not to testify against his wife, the Defendant. Without the husband’s testimony, the Commonwealth would be unable to prove that the Defendant did not properly secure the firearm. On the day of trial, the Commonwealth moved to dismiss the criminal complaint.
Commonwealth v. S.O. – Wareham District Court
IMPROPER STORAGE OF FIREARM: DISMISSED
Defendant called the police to report that someone broke into his apartment and stole his shotgun and ammunition from his gun case. Upon arrival, the police inspected the gun case. The gun case had been tampered with and some of the latches were missing. The officer believed that the Defendant did not have a lock on his gun case and charged him with Improper Storage of a Firearm. Police took fingerprints from the gun case. The only identifiable fingerprints on the gun case belonged to the Defendant. Attorney Patrick J. Noonan filed a Motion to Preserve the gun case. At trial, the Commonwealth did not have the gun case. Attorney Noonan subpoenaed the police dispatcher because the Defendant called the police and reported to the police dispatcher that he had a lock on his gun case. Attorney Noonan intended to call the Defendant’s father to testify. Defendant’s father would go shooting with the Defendant every other weekend. Defendant would bring his gun case when shooting with his father. Defendant’s father was willing to testify that the Defendant always had the same lock on his gun case every time they went shooting together. Defendant’s father was willing to give a description of the Defendant’s lock. Defendant’s father was willing to testify that they went shooting together 2 weeks before this incident and that the Defendant’s gun case had the same lock on it. In addition, Attorney sought to elicit testimony that the Defendant identified the suspect to police who he believed broke into his apartment and stole his firearm and ammunition. Attorney Noonan sought to show that the Commonwealth never investigated the suspect believed to have stolen the Defendant’s firearm. Police did not test the gun case for the suspect’s fingerprints. Attorney Noonan also intended to call the Defendant’s sister who lived in the same apartment with him and she was willing to testify that she told police that the same suspect stole money from her apartment the same day that the Defendant reported his firearm stolen.
Result: The day before trial, the Commonwealth informed Attorney Patrick J. Noonan that they would be dismissing the case on the day of trial.
Commonwealth v. M.S. – Brockton District Court
IMPROPER STORAGE OF FIREARM: DISMISSED PRIOR TO ARRAIGNMENT
Defendant, the president of a company with no prior criminal record, was charged with Improper Storage of a Firearm when police searched his apartment and found a fully loaded handgun in the drawer to his nightstand in his bedroom. The fully loaded handgun was not equipped with a trigger lock and was not secured in any locked container. At his arraignment, Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment successfully argued that the Defendant was denied his statutory right to a Clerk Magistrate’s Hearing prior to the issuance of any criminal charges. The case was remanded for a Clerk’s Hearing.
Result: After getting the case dismissed prior to arraignment, Attorney Patrick J. Noonan persuaded the police prosecutor and the clerk magistrate to hold the matter open for a period of one year. If the Defendant stays out of trouble for one year, the charge will be dismissed prior to arraignment and he will not have any criminal charges on his record.
Commonwealth v. N.B. – Brockton District Court
UNLAWFUL POSS. OF AMMUNITION: DISMISSED
NEGLIGENT OPERATION: DISMISSED
At 12:30 a.m., police responded to the scene of a motor vehicle accident. Defendant was driving his pick-up truck and struck a utility pole. Upon arrival, police called the ambulance and the Defendant was transported to the emergency room. Upon investigation, it was determined that the Defendant operated his vehicle negligently so as to endanger the safety of others. Police observed heavy front-end damage to the pick-up indicating that the Defendant was operating at a high rate of speed. Contents in the bed of the pick-up had been scattered all over the road. Police observed extensive damage to the utility, which had been broken in half also indicating that the Defendant struck the pole at a high rate of speed. Police observed very little skid marks prior to the crash. Police searched the Defendant’s pick-up truck and found a box containing 50 cartridges of .357 caliber ammunition. Police also found 13 cartridges of .38 caliber ammunition. Defendant did not have a Firearms Identification Card (FID) or any license to possess the ammunition. Defendant was a 21 year-old male with no criminal record. He had an Associate’s Degree and planned on enrolling as a student at Bridgewater State University. He was employed as full-time construction worker. He was also employed by the city as a snow-plower. The issuance of the criminal complaint would have jeopardized Defendant’s employment for the city as a snow-plower and would have affected his ability to enroll in college.
Result: At a clerk’s hearing, Attorney Patrick J. Noonan persuaded the police department and the clerk-magistrate to dismiss the criminal complaint. As a result, no criminal charges will appear on the Defendant’s record.
Commonwealth v. S.H. – Wrentham District Court
CARRYING FIREARM while INTOX.: DISMISSED at CLERK’S HEARING
Police were dispatched to the Mandarin Restaurant for a domestic disturbance. Upon arrival, police approached the Defendant in the parking lot with his girlfriend. Police observed that the Defendant and his girlfriend were intoxicated. Police learned that Defendant’s girlfriend had an altercation with Defendant’s ex-girlfriend inside the restaurant and they were asked to leave. Officers allowed the Defendant to retrieve his personal belongings from his vehicle because a friend was on his way to pick the Defendant and his girlfriend. Police observed a leather jacket in his vehicle with a “Devil’s Disciples” patch on the back along a 1% patch and German Swastikas. Police observed a holster affixed to his belt on the small of his back with a clip. The firearm was identified as a Smith & Wesson SW40VE 40. caliber semi-automatic pistol with a magazine containing 13 jacketed hollow point rounds with one round loaded in the chamber. Police located another firearm on the Defendant’s right hip identified as a Smith & Wesson SW9VE 9 mm. semi-automatic pistol with a magazine containing 9 jacketed hollow point rounds and one round loaded in the chamber. Defendant also had five knifes on his person. Defendant had a valid license to carry firearms with no restrictions. Police placed the Defendant in protective custody and subsequently charged him with Carrying a Firearm while Intoxicated. Attorney Patrick J. Noonan, on the first court appearance, argued a Motion to Dismiss on the basis that the Defendant was denied his statutory right to a clerk-magistrate’s hearing. The Commonwealth argued that the Defendant was not entitled to a clerk’s hearing because he posed an imminent threat to the public based upon the nature of the charge, the fact that the firearms were fully loaded with rounds in the chamber, and because he was affiliated with a motorcycle gang. Attorney Noonan convinced the judge that the Defendant did not pose an imminent threat because: he had a constitutional right to carry his firearms, the offense was a non-violent misdemeanor, defendant was cooperative and compliant, defendant did not engage in any violent or threatening behavior, and he was not involved in the domestic disturbance. Attorney Noonan argued that the police unfairly profiled him upon learning that he was associated with a biker gang. Upon learning that he was affiliated with a biker gang, police placed him in protective custody (alleging that he was intoxicated) when they initially allowed him to leave the scene upon being picked up by his friend. Had the Defendant not been affiliated with a biker gang, police would have allowed him to leave the scene with his firearms.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed. Subsequently, Police requested a clerk-magistrate’s hearing. At the hearing, Attorney Patrick J. Noonan persuaded the clerk-magistrate not to issue the criminal complaint but to keep the matter on file for three-months after which time the criminal complaint will be dismissed, so long as the Defendant does not commit any new crimes.
Chief of Police v. T.Z.
FIREARM SUSPENSION: LICENSE TO CARRY REINSTATED
Client had a valid license to carry firearms (LTC). The chief of police suspended his LTC pursuant to G.L. c. 140, § 131 because he was arrested and charged with a felony sex offense. As a result of his arrest, client was required to surrender all his firearms to the police department. After successfully resolving his criminal case, Attorney Patrick J. Noonan petitioned the chief of police to reinstate his client’s LTC and return his firearms.
Result: Attorney Patrick J. Noonan convinces chief of police to reinstate his client’s LTC and his firearms were returned.
Commonwealth v. S.H. – Wrentham District Court
CARRYING FIREARM while INTOX.: DISMISSED
Police were dispatched to a restaurant for a disturbance. Upon arrival, police encountered the Defendant in the parking lot. Police observed that the Defendant was intoxicated and they placed him in protective custody. Defendant had a loaded and chambered .40 caliber semi-automatic pistol in his back waistband. Defendant also had another loaded and chambered 9 mm. pistol in a holster affixed to his belt. Defendant also had five knives on his person. In his Motion to Dismiss, Attorney Patrick J. Noonan argued that the complaint should be dismissed because the Defendant was denied his opportunity for a clerk-magistrate’s hearing under G.L. c. 218, §35A. The Commonwealth argued that the Defendant was not entitled to a clerk’s hearing because he posed an imminent threat to the public based upon the nature of the charge, the level of his intoxication, the fact that the firearms were fully loaded and chambered, and because he was affiliated with a notorious motorcycle gang.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed without prejudice and the Commonwealth must request a Clerk-Magistrate’s Hearing in order to pursue the charge.