Posted on 07/02/2002 12:00:25 PM PDT by tarawa
Donated guns raise eyebrows
By JESSICA RUSSELL Staff writer
Two firearms given to El Dorado County Sheriff Hal Barker are the cause of close scrutiny by the Grand Jury after a complaint that the guns were supposed to be used for a raffle and were not given as a gift, according to the final report released by the Grand Jury Friday.
The complainant, whose name has not been released, told the Grand Jury that he had given the two guns, a Weatherby rifle and a single-barrel shotgun, to Barker to be raffled in order to buy protective vests for the K-9 dog units.
On several occasions dogs have been injured (in the line of duty) because they did not have vests to protect them, stated the complainant in the Grand Jury report. He reported the discrepancy in the use of the guns in January after finding out that Barker had sold one of the weapons, the Weatherby rifle, to a Rancho Cordova consignment shop for $500 credit. Barker still has the shotgun in his possession.
"This man gave me a rifle and shotgun in 1999, I think. At the time I saw it as he wanted to get rid of them and so he gave them to me. At the time I did not think of them as a reportable gift. As I am finishing my term and leaving elected office I was advised that maybe I should file to set the record straight," stated Sheriff Barker in the final report.
Barker described the complainant as a guy that came in often and said he wanted to assist the Sheriff's Department with finding criminals. They often talked about issues in the community, Barker said in a phone interview.
They have talked once since the complaint was filed, said Barker
"I talked to him when I heard he was telling people that I stole his guns, he's mad at me and wants his guns back," said Barker.
"We never discussed K-9's, if someone would of come to me and said they needed vests we would get them for them," said Barker.
"He has one point of view about what happened and I have another," said Barker, who said he, "didn't think anything of the gift, I put the guns behind my door for a year or so and when I moved offices I took them home."
The rifle was built for a left-hander, which is why he decided to trade it in, he said.
As a designated employee, as described in the county's conflict of interest code, the sheriff was required to file with the County Elections department a form that states when he receives a gift over $50 in value. The code states that it is the gift, not the use of it that requires the reporting obligation.
In addition, the California Government Code states that no elected officer of a local government agency shall accept gifts from any single source in any calendar year with a total value of more than $320.
On May 8, an amended form filed by Barker in regard to the guns stated that the Weatherby rifle was worth $275 to $375 as of 1999 and the shotgun was worth $25.
There is a $125 to $225 discrepancy between the $500 actual credit received by the Sheriff (for one of the guns) and the valuation amount reported by him, stated the Grand Jury report.
The Grand Jury report stated that when Barker filed his various Annual Statements of Economic Interest he did not declare the receipt of or the value of the rifle or the shotgun, as he should have if they were personal gifts.
Barker decided to resolve the matter by turning over the shotgun and the money from the sale of the Weatherby to the complainant who gave him the guns, he told jurors.
"I have $450 and the shotgun waiting for him at the Sheriff's Department, all he has to do is come and pick them up," said Barker.
Jurors recommended the El Dorado County District Attorney investigate the conduct of Barker in regard to the guns.
All gunowners everywhere should make sure they know exactly who occupies those positions and how they view the Constitution and government operations.
A lot of problems would evaporate overnight if more citizens would closely examine the people who run those three offices
Best regards,
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