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Fairfax Officer's Widow Rebukes Killer's Father

longwatch

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http://www.washingtonpost.com/wp-dyn/content/article/2007/11/08/AR2007110801407_pf.html

Fairfax Officer's Widow Rebukes Killer's Father

40-Month Term Imposed for Gun Crimes
By Tom Jackman
Washington Post Staff Writer
Friday, November 9, 2007; B01

The families of Officer Michael E. Garbarino and Detective Vicky O. Armel have stood silent since 18-year-old Michael Kennedy drove into a Fairfax County police parking lot last year and fatally shot the two officers.
But yesterday, at the sentencing of Kennedy's father on two federal gun charges, Garbarino's widow unleashed the frustration and anger of a family, and a police department, at the father they consider responsible for the deaths.
"What type of person would feed his son drugs every day, knowing the extent of his emotional problems, and keep an arsenal of guns scattered around the house for him to have access to?" said Suzanne Garbarino, glancing at her notes and glaring at Brian H. Kennedy before answering her own question: "A parent that chose to do the wrong thing and not take responsibility for his actions."
Garbarino acknowledged that Michael Kennedy was killed by officers who responded to the attack at the Sully station May 8, 2006. "Yes, you lost a son," she said, "but the sad part is, you didn't have to. And don't ever forget that even though he was your son, Michael Kennedy was a murderer, and you chose, as his parent, to guide him down the wrong road."
After Garbarino spoke, a federal judge sentenced Kennedy to 40 months in prison for lying on a federal gun application and illegally possessing a gun, both crimes linked to his admitted marijuana use.
Kennedy, 50, also spoke publicly for the first time. He did not make eye contact with the Garbarino or Armel families or the two dozen police officers there to support them.
"I have suffered the loss of my son Michael, whom I loved very, very much," Kennedy said, "and I also grieve for the two other families, for this tragedy, and I will for the rest of my life. I'm sorry."
Garbarino said after the hearing that her impassioned speech came to her in August during a solitary walk on the beach, followed by a frenzied writing session. She was still hesitant about speaking before a crowded courtroom, "but Mike would've been saying, 'Go on, get up there,' " she said. "I know he was sitting next to me while I was reading it."
In late September, after Brian Kennedy pleaded guilty to the federal charges, Garbarino sued him in Fairfax County Circuit Court for wrongful death and negligence. The case is pending.
In early 2006, Michael Kennedy was struggling with headaches and mental problems, and his family repeatedly sought psychiatric help for him. In February 2006, the 18-year-old was handling a gun and apparently considering suicide when he accidentally shot the family dog. After that, Brian Kennedy locked up the family's 20 guns and kept the key with him at all times, his attorney, Jonathan Shapiro, said yesterday.
But photographs show that on May 8, 2006, Michael Kennedy used an ax, a crowbar and a hammer to smash open a wooden footlocker containing rifles and ammunition. The teenager also tried, without success, to break into a metal gun locker elsewhere in the family's Centreville townhouse.
Arming himself with two rifles, five handguns and hundreds of bullets, Michael Kennedy walked into his Centreville neighborhood and carjacked a van. His mother, Margaret, who attended the hearing, apparently witnessed that crime, Shapiro said in court papers.

Police think that Margaret Kennedy followed her son to the Sully station and witnessed the shooting, but Shapiro said she did not go to the station.
Michael Kennedy drove into the rear parking lot of the station and began firing an assault rifle into the car where Michael Garbarino was sitting. Then Armel began firing at Kennedy, and bullets from Kennedy's high-powered rifle pierced Armel's protective vest and killed her. Two other officers responded to the attack and shot Kennedy dead.
Garbarino died nine days later.
Armel and Garbarino were the first Fairfax officers slain in the line of duty in the department's 67-year history.
In April 2007, federal prosecutors in Alexandria obtained an indictment against Brian Kennedy on a variety of gun charges, and in August, he pleaded guilty to two of them. Kennedy, a supermarket meat manager at the time of the shootings, admitted that he lied on a federal gun application when he said he was not a drug user. He also acknowledged that he had possessed 20 guns in his home while he was a regular marijuana user and that he had smoked pot with his mentally ill son.
"Mr. Kennedy was a good, solid father and husband," Shapiro told U.S. District Judge James C. Cacheris. "He smoked marijuana, and for that he is before the court. . . . He supported his wife and family. Just a regular guy trying to get his kids set off right in the world."
James Trump, the assistant U.S. attorney who led the prosecution, said that Michael Kennedy's parents might have tried to get their son help but that Brian Kennedy was no model citizen. Even after his son shot the family dog, Trump said, "it was too much to ask to simply take these guns and remove them from the house. He smoked pot with his son when he knew his son had mental issues."
 

Tess

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Interestingly enough, all the radio news I heard, and one TV report (I think) implied he was going to jail because he had "20 handguns and 2500 rounds of ammunition." Mind you, I agree he needs to be in jail, but the news made it sound like he had illegal weapons. In reality, he illegally had weapons. Big difference.

In fact, here's the copy WFLS read:
ALEXANDRIA, Va. (AP) - The father of a mentally disturbed teenager who shot and killed two Fairfax County police officers last year will spend more than three years in prison for illegal weapons possession. Brian Kennedy had 20 firearms and about 2,500 rounds of ammunition in his home the day his 17-year-old son opened fire on the Sully District Station.
Deirdre Blake
News Reporter
WFLS-FM/WWUZ-FM/WYSK AM-FM
Given WFLS is owned by the Fredericskburg Free-Lance Star (I didn't know this earlier), it's no surprise.
 

LEO 229

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So the dad put the guns in a wood box? :uhoh:

Not like the kid could not break that open... Oh wait.. he DID!

The only thing that box did was let the dad know... after the fact... that the someone was messing with his guns.

Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation.
 

longwatch

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Not quite, if somebody had sufficiently secured Michael Kennedy, this sad story may not have happened.
 

TrueBrit

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longwatch wrote:
Not quite, if somebody had sufficiently secured Michael Kennedy, this sad story may not have happened.

Quite right ,Sir, let us put the blame where it belongs, with the man, and not the tool!

TrueBrit.
 

longwatch

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Personally I blame the system, they had him in custody, they knew he was crazy, capable of violence and they let him go free.
 

CaptainCharles

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LEO 229 wrote:
So the dad put the guns in a wood box? :uhoh:

Not like the kid could not break that open... Oh wait.. he DID!

The only thing that box did was let the dad know... after the fact... that the someone was messing with his guns.

Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation.

Isn't the dad going to jail for lying on the Federal forms, and illegally possesing guns?

Not for "improperly" storing them? Unless I am mistaken, there is no law mandating how guns are stored in the home in VA.



Let me guess LEO, you advocate those type laws?
 

Thundar

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LEO 229 wrote:
So the dad put the guns in a wood box? :uhoh:

Not like the kid could not break that open... Oh wait.. he DID!

The only thing that box did was let the dad know... after the fact... that the someone was messing with his guns.

Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation.
Extremely stupid father. That is not a crime.

Please do not get me wrong. Thefathers lack of action, in not having the son committed after shooting the family pet, was disgusting.

The father did secure the firearms. Turns out it wasn't good enough. That is not a crime in Virginia.

Filling out a ATF form 4473 incorrectly is a Federal crime. Question 11e of that form asks: Are you an unlawful user of, or addicted to marijuana, or any depressant, stimulant, or narcotic drug or any other controlled substance?

A 20 year old purchases a deer rifle to hunt with.She alsogoes tocollege parties where she drinks beer. She is an unlawful user of a depressant. Did she commit a felony when she filled out form 4473?

A 40 year old man goes to Starbucks twice a day. He drinks several cups of espresso each time. He is clearly addicted to the stimulant caffeine. Did he commit a felony when he purchased his handgun for self protection and checked no on line 11e of form 4473?

This case is law violation shopping in order to punish the unpopular man. There are many prohibited persons that try to purchase firearms every day. They are not all prosecuted in this manner.

Being stupid is not a crime. Many years in a Federal Pen for unrelated marijuana use is not justice . Two wrongs do not make a right and we should not be celebrating this perversion of justice.

BTW - Media spin will vilify the fathers "arsenal". Expect many calls for gun control.
 

LEO 229

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CaptainCharles wrote:
LEO 229 wrote:
So the dad put the guns in a wood box? :uhoh:

Not like the kid could not break that open... Oh wait.. he DID!

The only thing that box did was let the dad know... after the fact... that the someone was messing with his guns.

Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation.
Isn't the dad going to jail for lying on the Federal forms, and illegally possesing guns?

Not for "improperly" storing them? Unless I am mistaken, there is no law mandating how guns are stored in the home in VA.

Let me guess LEO, you advocate those type laws?
He was actually charged with aboutfive different crimes. He plead guilty totwo and I am not sure which of the two. I believe one was for lying on the form about his drug use.

I never said he "improperly" stored his firearms, YOU DID! I am glad you recognised that the container was not really that secure against his mentally deranged son.

There are no laws in Virginia requiringfirearm is to be secured and it is up to the gun owner. There is only one law that makes it a violation to leave a loaded gun unsecured wherechildren have access to it.

Am I for gun owners being responsible and making sure their guns do not get stolen? Hell yes!



[url]http://www.agsfoundation.com[/url].

http://www.neahin.org/programs/schoolsafety/gunsafety/statistics.htm







§ 18.2-56.2. Allowing access to firearms by children; penalty.

A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.
 

les_aker

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LEO 229 wrote:
I never said he "improperly" stored his firearms, YOU DID! I am glad you recognised that the container was not really that secure against his mentally deranged son.


That's a lie. You posted in this discussion thread in your last posting:

Posted: Mon Nov 12th, 2007 03:30 pm "Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation."

We've reached the point where your lies are falling all over each other. Are you so accustomed to engaging this this type of behavior that you don't realize that the lie is still posted on the same page of the discussion?
 

sccrref

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I think that he did not sufficiently secure his firearms. If they were sufficiently secured, the kid would not have gotten into them. Impoper was not mentioned. There is no law governing what exactly proper is. The statute says recklessly. The father used poor judgement in my opinion but nothing I deem to be reckless. Only that kids should not be able to access loaded firearms. His son was 18, therefore not a child and the law does not apply.
 

LEO 229

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les_aker wrote:
LEO 229 wrote:
I never said he "improperly" stored his firearms, YOU DID! I am glad you recognised that the container was not really that secure against his mentally deranged son.
That's a lie. You posted in this discussion thread in your last posting:

Posted: Mon Nov 12th, 2007 03:30 pm "Happy he is doing some time. Had he sufficiently secured his guns from his son he would not be in that situation."

We've reached the point where your lies are falling all over each other. Are you so accustomed to engaging this this type of behavior that you don't realize that the lie is still posted on the same page of the discussion?

IMPROPERLY vs Sufficiently

Try again....


EDIT: Two days later and he has not returned to try again. :cool:
 

KBCraig

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Thundar wrote:

Filling out a ATF form 4473 incorrectly is a Federal crime. Question 11e of that form asks: Are you an unlawful user of, or addicted to marijuana, or any depressant, stimulant, or narcotic drug or any other controlled substance?

...

This case is law violation shopping in order to punish the unpopular man. There are many prohibited persons that try to purchase firearms every day. They are not all prosecuted in this manner.

Being stupid is not a crime. Many years in a Federal Pen for unrelated marijuana use is not justice . Two wrongs do not make a right and we should not be celebrating this perversion of justice.
Thank you, I agree.

"Use" is an active verb. Unless you sign the 4473 while a smoldering spliff hangs from your lip, you can honestly answer "no" to 11e. Unless you can't start your day without a pot of coffee and inhaling nicotine, nor get to sleep without a tipple from the ol' bottle, which means you lie if you answer "no".

Kevin
 
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