Bristol County DA Sam Sutter Gets it! Criminals in jail, not more gun laws

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This article was in the Taunton Gazette this morning.

http://www.tauntongazette.com/site/news.cfm?newsid=18176153&BRD=1711&PAG=461&dept_id=24232&rfi=6

The rest of this is me rambling on. It's more important to read the article.

Second District Attorney Paul Machado successfully prosecutes man for weapons charges. District Attorney Samuel Sutter says he wants to get the dangerous people off the streets.

Dispite the use of the words "illegal gun" in the article, I called the District Attorney's Office in New Bedford this morning, and told an aide that I was glad DA Sutter sees that it is the criminals that need to be put in jail. Making new laws only prevents legal gun owners from buying guns, as criminals don't follow the law anyway.

I was amazed to hear her agree with me, and tell me that DA Sutter does not want to take guns away from lawful gun owners. He recognizes that plea bargains and ignoring current laws is the problem, not more gun laws.

I could hardly believe I was talking to a Massachusetts DA's office.

Lisa, the assistant, told me other points of DA Sutter's position, including the fact that we have mandatory sentence laws that aren't being followed, and more than enough laws on the books already.

He is proposing a law to put criminals who use firearms committing crimes in jail until their court date to prevent them from threatening witnesses.

All in all I liked what I heard. I hope to speak to DA Sutter after the long weekend, but in the meantime, I will write him to tell him I think he's on the right track.

I'm curious what you people think?

Here is a link to a contact page for DA Samuel Sutter.

http://www.bristolda.com/contact.ccml?18,0,419,da419,E,,Doc,contact.html

If you like what you hear, let him know. His aide told me he wants to hear from legal gun owners to hear their ideas. I told her I was a life member of the NRA and she said "GOOD", which blew my mind.

Call or write to support someone who is on the right track. If I'm wrong, let me know why.

Thanks Friends

Bill


http://www.tauntongazette.com/site/news.cfm?newsid=18176153&BRD=1711&PAG=461&dept_id=24232&rfi=6

drama erupts
By:RORY SCHULER, Staff writer
04/06/2007
As a judge determined the "dangerousness" of a city man, his alleged accomplice was picked out of the courtroom audience and jailed.

TAUNTON - As a judge determined the "dangerousness" of a city man, his alleged accomplice was picked out of the courtroom audience and jailed.


Arnold Toledo, of Bay Street, has been ruled "too dangerous" to release prior to his trial on charges related to the discharge of a firearm during an attempted home invasion robbery, expected within 90 days.
Toledo has been accused of firing a shot into an ottoman while he wrestled with a Jefferson Avenue resident, the alleged targeted victim of the robbery.
As a county prosecutor convinced a Taunton District Court judge that public safety would be compromised if he was released on bail, a second suspect in the case was taken into custody.
Police and district attorney's office sources have confirmed that Jason Swanbon, no age available, formerly of North Main Street, Raynham, was arrested in court after the victim picked him out of the crowd and identified him as the second alleged assailant.
Swanbon is expected to appear in court this morning for an arraignment and eventually will also face a dangerousness hearing.
District Attorney Sam Sutter announced Thursday that Second District Attorney Paul Machado successfully argued to have Toledo held without bail for 90 days.
The case marks the second time the district attorney's office has successfully used the Dangerousness Statute for an illegal gun crime in Taunton, and marks the 11th successful firearm-related dangerousness hearing during Sutter's first three months in office.
Toledo, 18, of 305 Bay St., apt. 4, was arrested by Taunton Police March 30 on charges of home invasion and carrying a firearm without a license.
Accused of invading a stranger's Jefferson Avenue home during the early afternoon hours of March 26, police said Toledo brandished a black firearm and cocked it.
A brief scuffle occurred between Toledo and the intended victim, police said, during which at least one round was fired.
At approximately 1:30 p.m., the 26 year-old man was sitting at his computer when Toledo walked into his apartment and lifted up his sweatshirt to show a gun in his waistband, police said.
When he drew the handgun and racked a round into its chamber, the resident lunged at him, knocking him to the ground, according to the police report.
The occupant overpowered the intruder and managed to get a handle on the gun, still locked in the teenager's grip. After the shot, police allege Toledo dropped the weapon, and a second man entered the apartment, grabbed the gun off the floor, ran to a waiting car and drove away.
Toledo also escaped, police said.
After the resident gave police a description of the car, they found a vehicle matching the profile, and were able to connect it to Toledo, police said.
Toledo has another pending case in Taunton District Court stemming from Feb. 26 Taunton Police charges of operating a motor vehicle without a license, vandalism and two counts of assault with a dangerous weapon.
The Jefferson Avenue resident picked Toledo out of a line up, police said.
After his arraignment, District Judge Francis Marini continued the case to Thursday for the dangerousness hearing.
While in court, the victim unexpectedly got a second chance to pick the second assailant out from the courtroom audience.
During last year's political campaign, Sutter pledged to crack down on illegal gun use by utilizing the already existing Dangerousness Statute, meant to assure violent criminals are not be freed on bail pending trial. Framers of the legislation contend society's most violent offenders often commit new crimes while awaiting trial.
"This is one of the big things the district attorney said he would go after - the dangerous people with guns," explained Taunton Police Chief Raymond O'Berg. "This guy fits the criteria. These are the worst of the worse individuals. By the time they get into doing home invasions and shooting people, they've already done other crimes."
The Dangerousness Statute allows for a defendant who is deemed by the court to be a danger to the community to be held without bail for 90 days. Sutter said his office will be prepared for trial within the 90 days.
"I am extremely pleased with the outcome of today's hearing in Taunton," Sutter said. "We will do everything in our power to assure the public that anyone caught using an illegal firearm to commit a felony will be held without bail, prosecuted quickly and will be put behind bars for a long time."
Once convictions are obtained, newly penned legislation, once enacted, may keep violent gun offenders behind bars for far longer prison stretches.
"Gun violence has been a problem plaguing this county for too long," Sutter said. "We are aggressively attacking this problem through the use of the Dangerousness Statute and through legislation I drafted in February, which will assure much longer prison sentences for those convicted of using these illegal guns."
Sutter's legislation, House Bill 1695, was co-sponsored by Rep. John Quinn of Dartmouth and Sen. Joan Menard of Fall River. The bill has been forwarded to the Committee on Judiciary for hearings later this year.
The bill proposes any person convicted of assault and battery by means of a firearm will face a maximum penalty of life in prison or a minimum sentence of 10 years behind bars. The current statutes carry a mere maximum sentence of 10 years in prison.
The legislation will also ensure those convicted of attempting to commit assault and battery by means of a firearm will face a maximum penalty of 20 years and a minimum sentence of seven.
"Mr. Sutter's using the resources to go after these guys, not just here, but from Fall River to New Bedford and back to Taunton," O'Berg said. "He's stepping up the pressure."
Sutter praised the work of Machado, who has now successfully utilized the Dangerousness Statute in regards to firearms cases six times since Sutter tapped him to head up Bristol County's four district courts.
"Mr. Machado continues to excel at prevailing on these dangerousness hearings," Sutter said. "He continues to represent the county and the commonwealth admirably."
Machado worked as a defense attorney in the private sector, dealing mostly with criminal cases, prior to his hiring by the first-year district attorney.
After logging Thursday's sixth "dangerousness" success, he explained his two-prong-approach to the statute.
"One is to show there is probable cause - [the court has to] believe the offense was committed," Machado said. "And second, you then have to prove to the court there are no other conditions of release which will secure the safety of either a particular person or the community. It's very obvious, when someone, as in this case, goes into a home with a loaded gun, and actually uses a loaded gun, the safety of the community is not protected if that person is released."
[email protected]
 
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"He is proposing a law to put criminals who use firearms committing crimes in jail until their court date to prevent them from threatening witnesses."


WORST IDEA EVER!


They will put people who use firearms for self-defence in jail too.
 
I would like some clarification on this also. f he is stating that anyone who is charged with a crime in which a gun was used will face a dangerousness hearing I disagree. Exactly as it was stated above anyone who defends themselves and uses a handgun, (that is legally posessed), shall face a dangerousness hearing and be jailed until their hearing date is wrong.

If it were written like this I would be more likeley to agree:

Anyone who is not in legal posession of a firearm, and uses said firearm in the commission of a crime, that person shall have to face a dangerousness hearing to determine wether or not they should be allowed bail or bond prior to their court date.
 
Several LEO's I have spoken to about MA firearms laws,enforcement and prosecution have said firearms charges are often thrown out with multiple charges,regardless of the person not being licensed,the gun being stolen and so on.We lawful gun owners do our level best to follow the laws that are written supposedly to be used against these f'ers and we poop golden eggrolls over having legal Glock magazines but fact is,the guy who happens to have a stolen Glock when he gets busted for assault or a drug charge often ends up not having to face a penalty for it.It's incredible.
 
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MrTwigg, I agree. That law would be great here in Massachusetts. So many other states have already done it.

After the fact of posting the original article, I saw that there might be times accused but not guilty legal gun owners might be jailed.

I think Tater hit it on the head when he proposed wording the bill to read something more like:

Anyone who is not in legal possession of a firearm, and uses said firearm in the commission of a crime, that person shall have to face a dangerousness hearing to determine Whether or not they should be allowed bail or bond prior to their court date.

Of course you'd still need a "Castle Act" Self Defense ruling too. and maybe another consideration for a legal gun owner who DOES commit a crime, if it can be proved before the court date, such as confession of a murder, or something captured on camera.

Let's see if anyone else has any thoughts. If we develop some ideas here, I may forward them on to Samuel Sutter.
 
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