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Thread: Naugatuck man forgets gun

  1. #1
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    From todays Republican American http://www.rep-am.com

    Naugatuck man faces charge after loaded gun found at barber shop






    NAUGATUCK -- A man who got his hair cut at the Cutting Crew in Mountview Plaza forgot one very important item when he left: his loaded 9 mm handgun.

    Robert Curley, 31, of 70 Hill St., Naugatuck, hopped out of the barber chair Friday afternoon, paid for his haircut, and left the building. He drove across the plaza to Stop & Shop and walked inside before he realized something was missing, police said. He searched his car, but couldn't find his gun, police said.

    Meanwhile, someone at Cutting Crew picked up the gun, noticed it was loaded and called police, police said.

    A couple minutes later, Curley walked back into Cutting Crew, where police asked him about the weapon. Curley had a legitimate permit for the gun, police said. Still, police said leaving a loaded gun in a public place is a crime, and Curley was charged with first-degree reckless endangerment, a Class A misdemeanor. He was released on a $1,000 surety bond and is scheduled to appear for arraignment at Waterbury Superior Court on Dec. 23.

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    I have read the statute of 1st degree reckless endangerment and fail to see how this man could be charged under it (I know, a person can be charged for anything that the police feel like)


    I have come across a Hartford Courant article from 4/9/2002 which you should find very interesting. Lieutenant Colonel Edward Lynch, who at the time was the second highest ranking member of the State Police, left his gun and badge on top of his car and drove away. A newspaper carrier found the gun and badge just down the street from Lynch's house and turned it into Troop L. Lieutenant Colonel Lynch continued to serve in his assignment and was promoted to the rank of Colonel and Commander of the State Police retiring in 2006.This article includes the statement, "The state police union said others have made the same mistake and have received only verbal counseling in most cases. If a trooper and not a lieutenant colonel had made this mistake, we wouldn't be reading about it in the newspaper."

    I am not defendingCurley for leaving his gun behind, butmistakes do happen.



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    Moderator / Administrator Grapeshot's Avatar
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    First question - Is a barber shop a "public place" or is it not private property?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Reading the reckless endangerment statutes, it seems like first degree is a bit harsh for what happened. At most, second degree seems more appropriate. Maybe they're looking for him to plead down.

    This should be a reminder to us all: don't let your firearm leave your direct control.

    That being said, this story leaves a lot of information out, including how the firearm came to be left behind. Did he use the rest room and leave it on the tank? Did he leave it in the chair? Was it in a backpack/coat/messenger bag that was left behind?

    http://www.cga.ct.gov/2009/pub/chap9...#Sec53a-63.htm

    Sec. 53a-63. Reckless endangerment in the first degree: Class A misdemeanor. (a) A person is guilty of reckless endangerment in the first degree when, with extreme indifference to human life, he recklessly engages in conduct which creates a risk of serious physical injury to another person.

    (b) Reckless endangerment in the first degree is a class A misdemeanor.

    Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor. (a) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person.

    (b) Reckless endangerment in the second degree is a class B misdemeanor.



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    Grapeshot wrote:
    First question - Is a barber shop a "public place" or is it not private property?

    Yata hey
    It's public in that it's accessible to any and all individuals who wish to enter during normal business hours.

    There's no law that specifies leaving a firearm in a public place is a crime. The police's interpretation of the law says it is however.

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    Moderator / Administrator Grapeshot's Avatar
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    Obviously some major differences in what constitutes a public place from state to state.

    What seems egregious is that there was no harm/no injury - so the law protects what might happen given a lot more conditions beyond a simple case of ah-snit, I lost my (fill in the blank). He should be able to thank the LEOs, get his gun back and be on his way.

    Would he have been charged with the same offense if he left knife in the barber shop or left his vehicle parked in front of it?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    gluegun wrote:
    Grapeshot wrote:
    First question - Is a barber shop a "public place" or is it not private property?

    Yata hey
    It's public in that it's accessible to any and all individuals who wish to enter during normal business hours.

    There's no law that specifies leaving a firearm in a public place is a crime. The police's interpretation of the law says it is however.
    It would appear that "public place" is defined in § 53a-180aa (b):

    "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.[size=][/size]

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    Another case of individual members of law enforcement going to the extremes when reading a law.

    The Board of Firearms Permit Examiners has had similar cases come before the board and returned revoked permits.

    I'm willing to bet that it was an arrest without application for a warrant.

    I don't believe a prosecutor or judge would have signed a warrant application.

    I'm also sure that had the individual been a member of law enforcement NO action would have been taken.

    Another BS situation.



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    gluegun wrote:
    Sec. 53a-63. Reckless endangerment in the first degree: Class A misdemeanor. (a) A person is guilty of reckless endangerment in the first degree when, with extreme indifference to human life, he recklessly engages in conduct which creates a risk of serious physical injury to another person.

    (b) Reckless endangerment in the first degree is a class A misdemeanor.

    Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor. (a) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person.

    (b) Reckless endangerment in the second degree is a class B misdemeanor.

    How did this individual engage in conduct that created a serious risk to other people?
    Using the same logic as these police used, I am surprised they do not cite car theft victims if their stolen car is involved in a wreck that injures the thief! WTF?

    OMFG,:shock:
    Should we expect several gun shop owners to bereceieving several hundred counts of reckless endangerment each because they have guns in a private business that the public is allowed to enter?

    Guys, it's crappy across the whole country, it isn't just inthe eastern part.
    Imagine getting arrested for obstruction because you didn't waive your right to keep silent!!!!!!!!!!!!
    Yup, that was in WI, and many other places too.



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    Nutczak wrote:
    How did this individual engage in conduct that created a serious risk to other people?
    Using the same logic as these police used, I am surprised they do not cite car theft victims if their stolen car is involved in a wreck that injures the thief! WTF?

    Good grief. Do you really have that much trouble understanding logic?

    It's a well-understood legal principle that an action that indirectlyleads to injury or death can be treated as if thepersonwho started the chain of eventsdirectly and personally caused the final outcome. Witness all the arsonists who get charged with murder when somebody dies in the fire that they started.


    Your car"analogy" is totally irrelevant. A criminal takes responsibility for any negative outcome that might occur as the result of his crimes. A true analogy involving cars would be somebody who parks his car facing down a steep slope toward a group of people, sees a group of children playing nearby, but leaves the car unlocked and the keys in the ignition. He can't know for sure that a curious child will climb in and accidently set the car rolling downhill, but a responsible person will take the possibility into account.

    If you left a gun in a public place, would you blithely assume that anybody and everybody who came across it would (a) be well-intentioned, and (b) know the rules of gun safety? Because if you're not making those assumptions, I fail to see how you can possibly think that such a thing is anything other than gross negligence.


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    Flyer22,

    You DO NOT understand the concept of applying criminal statutes and the necessary written elements of a crime.

    Had the incident gone beyond what happened, there may be civil concequences, but there was NO crime committed.


    AT best, the officer should have applied for a warrant and not made an onsight arrest.


    It's not worth arguing about this situation, the man should never have been arrested.

    Think of this one:

    A parent fails to lock their doors and windows with a keyed deadbolt and a young child awakes in the night and walks out of the house into the sub-zero freezing cold on a snowy night. The door closes behind the child and the parent sleeps peacefully though the night only to find the child missing in the morning.

    Do we arrest parentsin situations like this?

    Trust me there are cases very similar to the one I have presented.





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    For the people posting on the Waterbury Republican American on why on earth one needs to carry a gun into a barber shop:

    WATERBURY - Investigators are following several leads in a violent robbery Tuesday morning that left an 83-year-old barber and his 70-year-old customer in critical condition at St. Mary's Hospital, police said.

    A man entered John Rosa's barbershop on Hill Street and beat him and customer, Douglas Frink, over the head with a blunt object, police said.

    The suspect took some cash from the register and from the victims before fleeing, said Waterbury police spokesman Lt. Christopher Corbett.

    "It's baffling how someone could attack two elderly people," he said. "It was a brutal attack, one of the most violent crimes we've seen in Waterbury in recent history."

    Another customer went to the barbershop for a haircut and found Rosa and Frink badly injured. He went to an apartment nearby and had the resident call police.

    Corbett said the crime has affected people in the community who knew Rosa, a well-liked and respected barber in Waterbury for decades.

    "It couldn't have been someone who knew him," said 25-year-old Max Monti-Bovi, whose parents live a few blocks away from the barbershop.

    As a kid, he used to go to Rosa's shop for a haircut and a "shave." Monti-Bovi said he didn't know at the time that Rosa would take the blade out of the razor.

    "He made me feel like I was getting a shave just like the other guys," he said.

    Monti-Bovi said he noticed the crime scene tape when he drove by the shop recently, but didn't imagine someone had robbed and beaten the barber, who he described as a sweet old Italian guy.

    No one who has had their hair cut by Rosa would think of doing something like that, he said.

    --Hilda Muñoz
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