Attorney may face charges (Follow up of article "Attorney fires gun in office")

Hickory Record ^ | KIM GILLILAND

[Sir Gawain]

Jun 20, 2002
Attorney may face charges
Sheriff and judge will meet to review statute on guns in courthouse

By KIM GILLILAND
Record Staff Writer

NEWTON — Catawba County Sheriff David Huffman said Wednesday that he will meet with the chief Superior Court judge to discuss whether any legal action should be taken against Jason Parker.

Parker, an assistant district attorney, put a bullet through his office window at the Catawba County Justice Center on Friday when he accidentally discharged the weapon.

Huffman plans to review a state statute that addresses the issue of weapons on state property and in courthouses after he returns from an out-of-town trip today.

He also will determine whether the statute applies when court is not in session, as was the case when the incident occurred.

“If it turns out that the statute applies, then I will take further action,” said Huffman.

Parker, among the district attorneys in New Bern for a conference, could not be reached for comment.

Parker and Sean McGinnis, also an assistant district attorney, were in Parker’s office in the Justice Center Friday morning when Parker’s Armi Tanfoglio .380-semi-automatic handgun discharged, sent a round through a window overlooking the courthouse smoking area and struck a pillar.

Only a fragment of the bullet has been recovered, according to Maj. Coy Reid of the sheriff’s office.

Reid said that even though the gun malfunctioned, Parker had to pull the trigger for the weapon to discharge.

Huffman explained why no action has been taken regarding Parker’s situation.

“I treat everybody the same,” said Huffman. “We have to use common sense when we look at this situation. We could have pursued this further. We decided not to because all of the judges are out of town, and obviously I couldn’t consult the district attorney’s office.”

The statute in question, 14-269.4, states: “It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purpose in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.”

Even though Parker had a permit to carry a concealed weapon, according to the sheriff’s office, some people said he should not have had the gun on the premises.

David Roberson of Lincolnton is state-certified to teach concealed weapons classes, and he has a permit.

“Parker clearly violated a law by stepping into the courthouse,” said Roberson. “The training that everyone undergoes to receive a concealed carry permit explicitly states that you cannot go into a courthouse with a concealed weapon. That is covered with his training. He ought to be in jail.”

The decision that comes out of the meeting between Huffman and a judge could end the pattern of district attorneys and assistant district attorneys carrying guns in courthouses.

Bob Thomas, a former district attorney and presently a Hickory attorney, said he hired Parker years ago as an assistant district attorney.

“When I was a DA, I never had the question of a DA carrying a gun come up,” said Thomas. I would never allow them to carry weapons. My opinion is that the only people who can carry guns in a courthouse are sworn officers of the law.

“I cannot imagine him (Parker) doing anything that would be a danger to anyone. He is a very fine man, and knowing him as I do, there is absolutely nothing more to the incident than it being a mere accident.”

David Flaherty, the head district attorney for the 25th Prosecutorial District, said Tuesday that he sometimes carries a gun with him while he works.

“You never know what kind of nut is out there, and we have to protect ourselves,” said Flaherty.

Thomas also questioned the safety of the Justice Center.

“In Morganton, to get into the upstairs area where the courtrooms are, you have to pass through a metal detector,” said Thomas.

“In Newton, they are in dire need of one. There is nothing out there to detect anything metal. Had there been one in place, it would have stopped it right there and we wouldn’t be talking about this incident.”

• Reach Kim Gilliland at 322-4510, Ext. 249, or rgilliland@hickoryrecord.com.

 

[Sir Gawain]

This is the follow up of this story: Attorney fires gun in office

[Sir Gawain]

±

[Redbob]

A gun! And a Saturday night special, at that!
Oh my!

[coloradan]

Treat him exactly the same as any other citizen who had done the same thing, and then add enhancements for "under color of authority". Carrying into courtroom. Negligent discharge. Reckless endangerment. Noise nuisance. Firing weapon in unsafe direction. Destruction of public property. Etc.

[moyden]

Considering the job they have, prosecutors ought to be able to carry a gun for protection.

[Squantos]

Elitism is alive and well in our world.........

Some states and cities will allow DA's and Judges special written permission IAW state and local laws to carry in a courthouse aka public property.

If this is such the case then it's just an AD. If it is not the case this DA should be held to the same flame the rest of us moths must avoid all the time ........

Stay Safe !

[Pylot]

Nobody is above the law, except of course for those in government.

If this had been any regular citizen that person would be in jail now, their house would have been ransacked and their property confiscated by the government.

We either have a lawful society or we don't. The law applies to all, period.

[AAABEST]

It's funny to watch how elitist officials act when one of their own gets caught in the tangled web they wove.

[Shooter 2.5]

Why do I get the feeling that if anyone else would have done this, they wouldn't be looking through the books to see if he violated the law. I think if it was anyone else, the cops wouldn't be looking through books to charge the person. The dummy would be behind bars first and then charges would be filed.
It's not like I want the guy to have jail time. It's just that we want equal justice.

[Travis McGee]

This is a GREAT test case.

If they let the ADA off with a wrist slap, then it will be a great precedent for other CCW holders to be treated leniently if and when they forget the pistol in the briefcase etc and travel into a "no gun zone".

If they hammer him as hard as a mere civilian, it's going to make the elites look very hard at the current draconian penalties for accidentally transporting a firearm into a "no gun zone".

[Travis McGee]

If a civilian CCW holder who legitimately forgot the pistol in his "other briefcase" had it discovered going into a courthouse, he would be face down on the floor with heavy knees on his back, guns at his head, and flexcuffs on his wrists.

Then he would be dragged by his elbows to jail.

[TYVets]

"he accidentally discharged the weapon."

I assume this idiot spent many hours in Gun Handling Safetly Casses....

Or perhaps he was playing Russian Roulette with a 380 semi-auto ?

[Squantos]

I get the feeling that this is now a soundbite opportunity and free face time on/in the media for the local elected polidiots as this fall they "may" be up for re-election.

If the DA said in the original thread that charges would not be brought up then what in the hell is the Sheriff making noises of such and wasting time........LEO's don't "charge" anyone they investigate and present the case to the DA's, city ,state or county , and the DA decides if "charges" will be brought forth.........

Polidiots and Presstitute feeding frenzy while the Elite try and protect one of their own..........again.

Stay Safe !

[Travis McGee]

I have no idea about the political angle, but it's going to be interesting to watch.

[coloradan]

I agree that this is a good test case, but my opinion is that it will further increase the great class divide between "them" and "us" - government agents are immune from prosecution for violations of laws that the rest of us must obey. IMO.

[in the Arena]

“You never know what kind of nut is out there, and we have to protect ourselves,” said Flaherty.

In addition to being an elitist jackass I do believe that being on record with this statement Mr. Flaherty has burned himself for future prosecutions involving firearms. Unless of course "we" means just him and his clique...of course it does...

[Travis McGee]

Even if it only further clarifies and defines the great divide between the bosses and the peasants, that is in the long run for the good.

[Henrietta]

Reid said that even though the gun malfunctioned, Parker had to pull the trigger for the weapon to discharge.

Right. Which is why this is not an accidental discharge; it's negligence, pure and simple, and he should be prosecuted just like anyone else would be.

[Henrietta]

Considering the job they have, prosecutors ought to be able to carry a gun for protection.

And are the lives of the rest of us worth less?

[Henrietta]

If a civilian CCW holder who legitimately forgot the pistol in his "other briefcase" had it discovered going into a courthouse, he would be face down on the floor with heavy knees on his back, guns at his head, and flexcuffs on his wrists.

A friend of mine, who is an attorney and a CCW holder, accidentally forgot that a loaded magazine (not a gun, just a magazine) was in his briefcase. They confiscated it, and sent him notice that unless he gave them a reason why not, they were going to revoke his CCW permit. Pretty gross.