Posted on 02/10/2006 7:00:45 AM PST by Squint
BELLEVILLE - Nine chiefs of police have endorsed a letter written by Belleville Police Chief Dave Ruebhausen urging that three Illinois state troopers charged with weapons violations not to be prosecuted.
If they are guilty, they should be punished administratively, according to Ruebhausen's letter given Tuesday to the News-Democrat.
The letter also was endorsed by two state senators, two sheriffs and retired Belleville Police Chief Terry Delaney, a former U.S. marshal.
But a statement on Tuesday issued by interim U.S. Attorney Edward McNally cautioned, "These matters are now in public court ... no doubt many of the officials (listed in the letter) will look forward to an opportunity to have a complete understanding of all the facts in the case...."
The statement added, "Many would say that at the charging level, they (troopers) should be treated the same as any other citizen."
The troopers -- Greg Mugge of Jerseyville, John Yard of Collinsville and James Vest of O'Fallon -- are charged in federal court in East St. Louis with illegal possession of automatic weapons. They face a maximum of 10 years behind bars and a $250,000 fine.
Vest and Yard are assigned to the State Police in Collinsville and Mugge works out of Litchfield. They were suspended with pay pending a hearing before the state police merit review board.
A physician, former Glen Carbon resident Dr. Harold Griffiths of Spaulding, also is charged. All were released on their own recognizance.
The troopers could have legally possessed automatic rifles or "machine guns" on their jobs if certain federal paperwork had been completed. Under certain circumstances, this would allow them to take the rifles home.
Ruebhausen urged that the troopers, who are said to have unblemished records, be disciplined internally.
His letter stated, "We do not see how the citizens are made safer by placing these troopers in jail."
In an interview, Ruebhausen said, "You're not supposed to own (illegal) weapons... But the bottom line is that with all the thugs out on the street, is society served by putting these officers in jail?"
McNally's written statement, released after a copy of Ruebhausen's letter was sent to the U.S. attorney's office, stated, "The United States respects the views of the chiefs, sheriffs and the senators and the fact that they too, have to make decisions every day about whether to treat public officials the same as other citizens."
The statement continued, "Every man and woman who has worn the badge has risked their life to protect others. That is one of the reasons there are few situations more challenging than allegations that a police officer has violated the law...."
Mearl Justus, the sheriff of St. Clair County, declined to add his name to the letter.
"They asked me and I said I'd rather not sign it because I don't think anybody knows enough about what happened." The charges were announced Jan. 17 at a news conference at the U.S. attorney's office. At that time, State Police Director Larry Trent said the troopers "... are not above the law." He could not be reached for comment Tuesday.
According to information from the news conference, the weapons were rifles, an M-16 designed to fire automatically and two AR-15 semiautomatic rifles that had been converted to fire fully automatic, or as long as the trigger is depressed.
Vest, 39, is a weapons instructor who purchased his M-16 in 1998 and used it often for police firearms instruction. He allegedly told police that he sometimes took the weapon home.
Sen. Bill Haine, D-Alton, a former Madison County state's attorney, said he was "stunned" when he read that the troopers had been charged.
"In this case there does not appear to be any conduct intended to violate the statute," he said.
Besides Ruebhausen, the area police chiefs who signed the letter are, Chris Sullivan, Alton; Richard Miller, Granite City; Scott Williams, Collinsville; Patrick Delaney, Sauget; Joe Brauer, Waterloo; Joe Edwards, Columbia; William Webber, Wood River; Darren Carlton, East Alton; and Brian Vielweber of Smithton.
Williams, the Collinsville chief, said that while he allowed his name to be added to the letter, he is still in favor of criminal charges, if the facts warrant. "I'm not saying they shouldn't get in trouble over this," he said, " (but) they shouldn't be made an example of because they are officers."
Sen. James Watson, R-Greenville, whose name is on the letter, could not be reached. Delaney also could not be reached.
Bond County Sheriff Jeff Brown and Madison County Sheriff Bob Hertz also added their names to the letter. Hertz was out of town but Brown said, "I see this as driving a wedge between (federal officers) and local and state law enforcement."
Ah welcome to the police state. Where citizens become subjects and the nobility and their knights in blue are the privileged class.
"Of course those of noble blood don't have to follow laws meant for us mere peons." /sarcasm
If anything those LAW ENFORCEMENT OFFICERS should face a harsher penalty for violating the laws they are supposed to be enforcing.
OOPS! Sorry. I do a more thorough search next time. Thanks.
You do not face criminals daily with subpar weaponry. I bought one for myself when I was an LEO because my dept refused to issue weapons that would give me the advantage in cetain situations.
They should be disciplined with days off and made to do the paperwork, unless you want to tkae their job?
If you had all the components for a Sten submachinegun except the receiver tube (which can be built from common steel pipe), you can still be arrested if you have a machine shop, template to show where you can cut the holes in the pipe for a receiver, and the pipe tube cut to the proper length. A judge can decide against your background, technical skills and demeanor if you plan to build a machinegun or not. Charge will be possessing components for an illegal automatic weapon. My favorite story involves a collector who had the receiver for a Thompson submachinegun that was cut up. The BATF duct taped the receiver and assembled the weapon. It fired automatically on the range for 3 to 4 rounds before the receiver broke apart. Based on this test, the BATF was able to charge the collector with possessing parts for an illegal weapon.
Did they know they were breaking the law? I think they did.
I think they thought they could get away with it because they were LEO"s.
Would I place them in jail for ten years ? No
Would they need to look for a new job? Yeah.
This case should be posted in every police station in the country as a warning that police officers have to follow the same laws as everyone else.
Nice, admitting to commission of a felony on a public forum. You know the NSA might be watching right?
Any full-auto manufactured after 1986 must be purchased by the police dept, military, or government agency and ownership can not be transfered to any individual, including police officers.
They are the property of their respective agency.
For officers to privately pay for automatic weapons for duty and to take them home at night is something that has been considered legal under Federal Law for many years.
If they are gonna change the interpretation of the law, the proper way is to issue a BATF Director's Letter stating what the new interpretation will be, and allowing time for distribution and compliance, not by suddenly starting to bust people who have been legitimately following the old interpretation.
SO9
I think they should be given an award for thinking out of the box and taking the initiative in obtaining weapons to enhance homeland security and further the preparedness of their community to meet any threat, like those idiots who had that massive shootout in LA while roobing a bank a few years back. You can wait on the government to respond if you want to, but I'd rather the LEOs in my area be better armed than the criminals.
It's been unlawful for individual officers to purchase full-autos under their own name since 1986. Thanks to the dishonorable Senator Lautenberg.
If the police department fills out the paperwork and the officer pays for it and the dept owns the weapon but issues it to the officer it is perfectly legal. I think that is what you are talking about.
But the officer in question in this article bought a MG for himself under the table in 1998. That is a blatant violation of the 1934 National Firearms Act.
I have no secrets.
The experiences in the states with CCW revisions shows that Joe Law-Abiding Citizen takes the classes, registers, goes thru background checks, etc,....but he was never the problem in the first place. Maybe the MG laws should be revised so that this 'gotcha' mentality does not ruin the Joes. The criminaly-inclined will never register, never go thru background, etc. Why pick on collectors, cops, citizens and so forth.
This 1986 Federal law seems to me to be of dubious constitutionality, what the states do is something else. It must be budget time in Washinton, the Federal alphabet agencies need some scalps to justify their continued existence. What a shame.
Didn't the Church once make a similar argument for priestly immunity from civil law?
We should not be required to have any permission to own any weapon.
NO STANDARD LIKE A DOUBLE STANDARD ALERT.
That thought struck me too.
The could not be brought before civil courts, even for rape or murder. But instead faced a church tribunal and if found guilty, were punished administratively.
I used to live in a really bad area, And faced criminals with sub par weaponry. So you would not have made and arrest if you pulled me over and I had a NFA weapon without the tax stamp right?
I think all civilians (Yes non DOD LE are civilians) should be allowed to own the same level of weaponry and I am saying this as a former peace officer and Marine
"You do not face criminals daily with subpar weaponry"
Daily? Sub-par? Lets try to be a little more honest here. This PD probably already has all the full auto guns it wants. These two geniuses simply wanted to have one at home to play with.
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