it's what he THOUGHT he was...
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.”
it's what he THOUGHT he was...
Yes, thanks.
I read about this in the local newspaper.
I went to Citronelle (The oil capitol of Alabama) to get one of my dogs...click on my name to see, it's the one I have my hand on.
BTW, Citronelle was named for the citronella plants that naturally grow there.
Did you even bother to read the article? One of the guns belonged to the father of the dude that it was taken from. A judge ORDERED the police to return the weapon to the lawful owner.
Good point. The drug war hysteria doesn’t just give police cover to curtail the 4th amendment rights of drug dealers and drug users. It gives them cover to curtail the rights of pretty much any person in the country, at whim. Any neighborhood can be labeled a “known drug area”, and any cop can say they got a tip about a drug deal, and get an informant to back their story if necessary.
When it comes to search & seizure, the Constitution put the onus on the police to justify themselves beforehand, because it is better for everyone to have their rights protected, even if that means a few criminals elude justice. We’re getting to the point where we are nearly at the opposite position: to infringe the rights of everyone in order to catch a few more criminals, allowing the police to construct an excuse for the search after the fact.
“5.) Dead Ted Kennedy rapped a woman in his beach house, and 20 years prior to that, was guilty of drunk driving and manslaughter, but he still died fat and decrepid as a US Senator having never been tried or convicted of his crimes;”
No, William Kennedy-Smith was the one accused of rape in the beach house. I know they all look alike, but they’re not the same guy :)
Sorry, I’m just not a cop-hater. Sure, there’s some bad ones, like this one. But lots of them do a great job that most of us wouldn’t ever wish to do, and they don’t get many thankyous.
Lots of things in this world are crazy, including: “going to jail for possessing a lawfully confiscated firearm sounds crazy to me!”
He screwed himself for a... Llama POS pistol?
No kidding. What a dumb ass.
Times have changed since a half century ago. Guns were plentiful. Most confiscated hand guns were revolvers of many sizes, condition, origin, and age. Traceability was difficult, as was proof of ownership. Record keeping was uneven at best.
No kidding. Alpaca .357 magnum instead.
:)
Like I said, this isn't the first time this one went over. His buddies in blue have seen him do it and were either involved his other crimes or simply looked the other way. That's why I don't trust any cops.
Here's the problem.
As a citizen, we never know when we're encountering a good one or a bad one. So, the only thing we can do to protect ourselves is assume that every single one we encounter is a lyin', thievin', goon behind a badge who would steal our legally owned gun.
Cops are taught that when they pull over a car, they are to assume that every one is a potential cop-killer and to take all necessary precautions to protect themselves.
I can see no reason why we shouldn't take the same attitude to protect ourselves from the bad guys among their ranks.
Exactly. These two guns are likely just the tip of the iceberg.
Forget the two guns. He threw away his career and reputation to keep a couple of guns he could have bought at a pawn shop for a few hundred bucks. This cop should do time for Felony Stupid. If that's not an offense, it should be.
Appears I shouldn’t start drinking so early in the afternoon.
“Thank you for correcting my English which stinks.”
Ernie, you present a solid case.
Well said.
Take heart... From the wisdom of Robert A. Heinlein, "Stupidity is the only *universal* capital crime. The sentence is automatic, and there is *no* appeal."
the infowarrior
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