Posted on 11/03/2011 2:27:23 PM PDT by marktwain
MOBILE, Alabama -- A former Citronelle police officer violated the law when he kept a pair of handguns he took from motorists during his 11-year tenure on the force, a federal jury here decided this afternoon.
The jury convicted Bill Eugene Newburn guilty of 2 counts of possession of a stolen firearm. Under a preliminary calculation of advisory guidelines in his case, he faces at least a year and 9 months in prison and as much as 2 years and 3 months behind bars.
U.S. District Judge Kristi DuBose scheduled his sentencing hearing for Feb. 10.
Police Chief Shane Stringer has said the 2 incidents were among several complaints he received about similar conduct, although the other incidents did not come out during the 2-day trial. U.S. District Court
During the trial, prosecutors contended that Newburn, 40, improperly kept guns that he took from 2 different people and then lied to cover it up.
Defense attorney Rick Williams countered that his client took both guns lawfully and acted within the boundaries of his duties as a law enforcement officer.
Assistant U.S. Attorney Michele O’Brien summarized the testimony of both incidents. In September 2007, Newburn — then a sergeant with the Citronelle Police Department — took a Llama 9mm handgun that was in the vehicle of a man charged with public intoxication on Pleasant Circle.
But the vehicle and the gun belonged to that man’s father, Johnny McBride, and Citronelle Municipal Judge John Williams ordered the weapon returned to him. O’Brien pointed to testimony that McBride never got it back.
“This firearm should have been returned to Johnny McBride, and he tried and tried and tried to get his firearm back,” she said.
O’Brien told jurors that the defendant followed a similar pattern in March of this year when he took a .22-caliber revolver that was in a woman’s car. The owner of that gun, Eric Newburn, testified that the officer — who is not related to him — later falsely told him the gun had been destroyed.
“The defendant told him, ‘Your firearm has been destroyed, cut into 2 pieces.’ Ladies and gentlemen, that shows intent,” O’Brien said. “What the defendant’s intent was was all over this case.”
Rick Williams told jurors in his closing argument that his client had reason to take both guns. In the first instance, Williams said, Sgt. Newburn was responding to a possible drug deal and found a loaded gun for which the driver had no pistol permit. In the second, the woman he questioned was parked on the side of the road in a known drug area and claimed not to know whom the gun even belonged to.
“He was acting within the line and scope of his employment as a police officer,” Williams said. “That’s what he should have done. That’s what he had a duty to do.”
Odd. The Dead Kennedys were punkers, not rappers.
If they were lawfully taken, nobody cared what happened to them.
I seriously doubt that. Private property was and still is private property. Once the cases had been adjudicated, you believe no one wanted their property back? For non-firearms cases you think that if a cop takes a gun, the owners just needs to shut up about it?
Fortunately not all cops are as corrupt as your friends. Around 1982 I had a Colt Trooper .22 LR revolver stolen from my vehicle. I reported it to the Norfolk, VA. PD.
Around 5 years later, I got a call from my old supervisor in Norfolk. The cops had recovered my revolver and they needed me to call them to get it back.
I went to the Garden City, KS PD and an officer phoned Norfolk PD and within a few days I had my revolver back, still like new.
It’s the police version of “National Security”.
If he kept them himself, it’s a slam dunk. Any seized property has to be logged and placed in the custody of the department, usually in their evidence storage facility. Anything not turned over to their property custodian is pretty much by definition: stolen.
We don’t know why the pistols were seized, so maybe that was legit, but keeping them was nonsense. If they were seized legally they should have been entered into the PD’s evidence system with a letter going out to the owners stating what the disposition of the weapons was going to be and what, if anything, the owners had to do in order to get them back. They should not have remained in the possession of the officer.
He’s not “more equal than others”. He was reported, he was charged with a crime and convicted by a jury. Just like it should happen.
Sounds like he was a thief.
I bet the rightful owners cared. I detest corruption, whatever the form.
Always remember, there are two types of cops in this world --those who've been caught in their lies and those who have yet to be caught lying.
It just goes to prove that not only are cops liars, but they're also thieves.
Never, ever trust a cop --any cop!
How often do cops actually face the penalty for these kind of crimes?
I wouldn’t do 10 hours of community service for a 9mm Llama.
Ahem.
Cops always say that for every crime a crook is caught, he has committed many more for which he wasn't caught.
So, by using their own standards, we can presume that this lyin', thieving, sack of excrement has committed many, many more.
And, you can also bet your bottom dollar his lyin', thievin' cop buddies either participated or looked the other way.
Never, ever trust a cop --any cop.
This time.
The holier-than-thou goons with badges like to point out that when a criminal has been caught for one crime, there are many others he's committed for which he wasn't caught.
So, by that standard we can presume this lyin', thievin' sack of excrement has committed many, many other crimes that he got away with.
Ping. Somewhat close to you, I believe.
And you know this to be true... How?
These "disappeared" right into the possesion of the cop who "legally confiscated" them.
That's simple theft, and that cop needs to do hard time.
I guess you're going to like our coming police state. After all, these guns were confiscated for the common good, right? Take them out of criminal hands and turn them over to criminal cops.
I know about cops keeping guns confiscated as evidence. A friend used one of my revolvers to lose a solo game of Russian roulette in my apartment, and the friendly officers took the gun for testing. I waited a bit, and then started to track it down. I got the usual run-around, but persisted until I was assured it was in the police station evidence locker, and I could pick it up.
I went there with the proper paperwork, and watched an officer empty the very large bin of confiscated handguns, but my .357 was not there. I made it clear to the officer that I would not let this matter drop, and he told me to come back tomorrow and try again.
I guess he called the thief and told him to bring that gun back, because, lo and behold, the very next day that gun was in the middle of the same bin I saw emptied the day before.
That gun is here in my hand now, but it wouldn't be if I hadn't played hardball with crooked cops.
Most guns that police come into possession of are guns that are turned over to them by citizens who want the police to "dispose" of them.
The disposal of property was less strict 40 years ago, than it is now.
Police are presented with more temptations than most people.
The fact that this officer ignored a court order shows that he was way out there.
Oh yeah, if this guy is guilty, then most cops I’ve known are guilty as well. One of my childhood friends had a father on the force, and he had a collection with everything from switchblades and brass knuckles up to Tec-9’s and a live hand grenade.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.