Cannon shot backfires: Militiaman faces loss of state permit

[Coyote33]

What a downer!
Cannon shot backfires

Militiaman faces loss of state permit

Thursday, December 6, 2007
Cannon shot backfires

Militiaman faces loss of state permit

By Aaron Nicodemus TELEGRAM & GAZETTE STAFF

For more than two decades, Keith A. Downer of Sutton has been firing antique weapons — muskets, cannons and the like. He’s a Revolutionary War buff, does demonstrations and re-enactments as part of the Sudbury Militia, and is one of those guys dressed like Revolutionary-era soldiers who fire off their muskets at Gillette Stadium after every Patriots score.

In June, the militia was invited to fire a cannon to launch the parade for Framingham’s Flag Day celebration. Since the militia was performing a five-hour historical encampment for the festivities, it seemed a reasonable request.

On June 10, Mr. Downer said, he and his crew fired the cannon. The parade began.

Immediately afterward, angry Framingham Fire Department officials demanded to know who fired the cannon. Mr. Downer claimed responsibility and showed them his state cannon firing certification. When Deputy Fire Chief Albert Ordway Jr. demanded the names of the men in the firing crew, Mr. Downer refused to name them.

Deputy Chief Ordway told Mr. Downer that the Fire Department had no record of a permit ever being applied for, and that the department had not issued one. As a result, Fire Chief Ollie D. Gadson considered the cannon firing an illegal act. A day later, Mr. Downer was mailed a civil citation with a $100 fine.

Mr. Downer appealed to the Framingham Police Department, which sided with the Fire Department. Last month, a Framingham District Court judge dismissed a criminal charge, and all fines, against Mr. Downer.

But Chief Gadson has now gone after Downer’s state cannon firing certification.

On Tuesday, Chief Gadson, Deputy Chief Ordway and Assistant Fire Marshal Randy Smith faced off against Mr. Downer and his lawyer in a three-hour hearing before an arbitrator with the state fire marshal’s office. The arbitrator, Steven Rourke, could revoke Mr. Downer’s certification, or suspend it, or give him a written reprimand, or do nothing.

“The time and money that has been spent on this thing is just mind-boggling,” Mr. Downer said. “Let’s put the time and effort into putting out fires, not trying to stop people from learning about our history.”

In the hearing, Chief Gadson told the arbitrator that Mr. Downer was irresponsible for firing the cannon without a permit.

“It’s not every day we have events such as a cannon firing in the town of Framingham, and as the fire chief, I would like to know when these events are taking place,” he said. “What bothers me is that he (Mr. Downer) has never accepted the responsibility that one would have in order to have this certification. He’s incompetent, as far as I’m concerned.”

At the hearing, Mr. Downer refused to answer direct questions about whether he fired the cannon, or whether he applied for a permit. His lawyer, Anthony Salerno of Worcester, said his answers could be used against Mr. Downer in a subsequent criminal complaint.

In a previous interview with the Telegram & Gazette, Mr. Downer said the confusion around the permit revolved around the Flag Day event organizer, Doug Freeman.

A few days before the event, Mr. Downer received an e-mail from Mr. Freeman that said the cannon firing was “all set.”

Mr. Freeman later told Mr. Downer that he had spoken to the town Fire Department, and that Mr. Downer would have to go to the Fire Department himself and apply for a permit. Mr. Downer, a court officer who supervises several courts in Worcester County, never applied for the permit.

On the day of the firing, Mr. Downer said, he asked Mr. Freeman whether everything was squared away. Mr. Freeman told him yes. Since the parade was a town event, and since it was common in other communities for permits and fees to be waived for town events, Mr. Downer believed the Fire Department had given its OK, even though all he had was Mr. Freeman’s word. He never went to take out the permit himself, he said.

Mr. Freeman did not return two calls from the Telegram & Gazette, nor did he return a call from Mr. Downer.

Chief Gadson said the first time he learned that a cannon might be fired at the Flag Day celebration was three days before, in a newspaper article. In that article, Mr. Freeman was quoted as saying that the militia “is still waiting on permits from the Fire Department.”

Chief Gadson said he called Mr. Freeman that day, and told him that whoever wants to fire a cannon has to come and apply for a permit.

In the hearing, Mr. Salerno asked Chief Gadson if he knew whether the cannon was fired negligently.

The chief said “no.”

Mr. Salerno asked if he or any member of his department inspected the cannon.

Again, no.

He asked if he or any member of his department had done any investigation into the matter, talked to any eyewitnesses, or talked to Mr. Downer. No again.

He asked if Chief Gadson knew what type of cannon was fired. No again.

Had anyone talked to anyone in his department about a permit? Mr. Salerno asked.

“It didn’t matter to me if he talked to anyone; I’m the chief,” he said. “There was no permit issued.”

 

[swatmedic]

Ooh, ooh some small time petty bureaucrat has his panties in a bunch. isn't there a cat stuck in a tree somewhere to occupy this guys time.

 

[Jaxon]

Damn fireman.. doesn't have have some lawn to maintain?

 

[second]

Douchebags!

 

[clinotus]

Interesting that the police department didnt really comment on this...they sided with them after the fact but didnt really seem to have an issue.

 

[Arioch]

Assault cannon! Please protect me Governor!

 

[sksguns]

I thought the fire chief was being petty until I read this part.....

"Chief Gadson said he called Mr. Freeman that day, and told him that whoever wants to fire a cannon has to come and apply for a permit."

So now I think the civil penalty of the, what was it, $100.00 is enough.

It was a city sponsored event, there was a snafu with knowig about the paperwork and a lot of mis-communication surrounding it. But since the chief called I agree with the fine. Trying to pull this guys ticket is vindictive. He read about it in the paper three days before the event he could have sent someone over there to square it all away before the cannon was fired.

Besides, because he knew it was going to happen didn't he have a responsibility to make sure it happened safely or not at all as the permit wasn't pulled. He knew there would be a violation and did nothing to prevent it from happening and only complained after the fact.

Doesn't seem like a very responsible chief to me...

 

[JRyan]

Douchebags!

Exactly.

He more than made his point, it's time to settle down and let it go.

 

[jdubois]

I think I missed the details of that article, all I read was "blah, blah, muskets, cannons, blah blah blah, fire a cannon, blah, blah, cannon". I guess I should be annoyed that they're hassling this poor guy, but my main take away was, "Hmm, so you need a state certification to fire a cannon. I wonder how I get one of those..."

Ah, this is how... http://www.mass.gov/Eeops/docs/dfs/osfm/cmr/527022.pdf

 

[Finalygotabeltfed]

Two issues here, one is the chief is being a petty prick....after the fact and two, the cannoneer knows full well ( or should have after 20 years of doing it) that a permit is required by the local fire chief in Ma to fire a cannon and that permit is for him to apply for, not some third party like the organizer.

I would have simply paid the prick chief his $100 dollar civil fine and been done with it, then asked the event organizer to pass the hat for the hundred bucks.

Two Lessons : Never take the word of any event organizer when there is a "permitted process" to take place. Most event organizers that I've ever encountered operate on a wing and a prayer, relying on others who do all the leg work.

"No Good Deed Goes Unpunished"

 

[Rockrivr1]

I'm surprised about how this situation unfolded. I lived in the Framingham/Natick area for a number of years and worked in a couple of the flag day parades. The organizers of the parade always work out the permits, so I'm wondering why this one permit wasn't requested. I'm thinking that Mr. Freeman dropped the ball here. My ex father in law ran that parade one year and he had to pull all kinds of permits to get things ready.

I also find it interesting that Mr Downer didn't check on the permit himself. I attended a number of reenactments on the Framingham common where a cannon crew fired off a shot or two. It was common practice at these events. I can't remember if the Sudbury crew did those events, but I would think no matter where they went the same requirement would be there

Either way it's just a mistake that is getting way overblown. Theirs plenty of fault here to go around, but looking to pull the certification is just a petty play by the chief because Mr Downer wouldn't comply to his perceived power. Typical BS.

 

[JonJ]

Mr. Freeman fire the cannon without a firing permit so he's cited. He exercises his right to appeal the citation and prevails. Chief Gadson wants Mr. Freeman's Cannoneer license pulled.
Seems to me that Chief Gadson is a sore LOSER.
I bet he had his lunch money stolen at school.
Took his ball home when he was losing the game.
Flunked the police exam.
Is jealous that the police chief makes more money.
Loved the British Empire.
Believes in revisionist history.
And his dog pisses in his fireman's boots.

 

[rwl1955]

Chief

Ooh, ooh some small time petty bureaucrat has his panties in a bunch. isn't there a cat stuck in a tree somewhere to occupy this guys time.

********
The Chief is being a DICK! Plan and simple. He`s abusing his power. He needs to get over it.

 

[Cherokee_Outlaw]

Mr. Salerno asked if he or any member of his department inspected the cannon.

Again, no.

Is the Chief certified to check the cannon?

 

[jdubois]

Is the Chief certified to check the cannon?

I'd doubt it. But if you look at the regulations I linked to above, part of the permitting process is the cannon operator submitting an application that acts as a guarantee that THEY are certified to check the cannon, and the fire chief is then required to investigate to make sure that's true.

This is the damning evidence to me: "No permit shall be issued for the supervised discharging of cannon with or without projectile unless the applicant exhibits a Certificate of Competency for Cannon Firing." Given that, there's no way the event sponsor could possibly have gotten the permit without the cannon operator's assistance. The cannon operator HAS to have known this. So blaming the whole thing on the event sponsor sounds like a load of crap to me.

I can definitely see why the fire chief is pissed. This guy blatantly ignored the regulations, which if you read them, are really only about making sure everything is done safely.

 

[IPSC_DRL]

Damn fireman.. doesn't have have some lawn to maintain?

Or a pickup truck to wash.

 

[JonJ]

I can definitely see why the fire chief is pissed. This guy blatantly ignored the regulations, which if you read them, are really only about making sure everything is done safely.

True but the gent was cited, he appealed the citing and he prevailed. That should be the end of it. The rubber booted thug won't give it up.

 

[Rob Boudrie]

True but the gent was cited, he appealed the citing and he prevailed. That should be the end of it. The rubber booted thug won't give it up.

Just imagine if driving citations were handled like this - if you beat the ticket, the citing officer gets to come after your driver's license.

 

[jdubois]

True but the gent was cited, he appealed the citing and he prevailed. That should be the end of it. The rubber booted thug won't give it up.

Yes, I definitely agree with that. The fire chief made a mistake with the citation. There's nothing in the regulations that says he can do that, and so he got smacked down by the court. If he wanted to try and take the guy's certification he should have done it from the start. Now it just looks like sour grapes.

 

[rscalzo]

But Chief Gadson has now gone after Downer’s state cannon firing certification.

I never knew there was such a thing!! One of my friends has a small cannon he fires off his deck in southern NJ. No permits as far as I know.....

I've witnessed the confusion at these events. When we had town events such as the Christmas Tree lighting, the town would have fireworks from time to time. I usually learned on that fact when I read about it in the paper because the politicians planning these events were always more worried about the photo ops then the details. Now a firework display is much more liable to have a problem and require a permit from the FD. This wasn't a big deal and resulted in nothing more than guidelines for my people as far as crowd control and the inspection of the companies fireworks permits.

The point is to cooperate with each other and not try and put roadblocks in the way of the event. In our case if no permit was obtained, the town and not necessarily the firework's vendor would be responsible.

 

[LoginName]

Or a pickup truck to wash.

No... he has one of his firefighters do that.

 

[Firetarr]

And his DALMAITION pisses in his fireman's boots.

There, fixed it for you.

 

[Transporter]

UPDATE:

http://telegram.com/article/20080220/NEWS/802200492/1005/NEWS06

Wednesday, February 20, 2008
State spikes cannon firing

Enactor slapped with suspension

By Aaron Nicodemus TELEGRAM & GAZETTE STAFF

The state fire marshal has temporarily suspended the cannon firing certificate of Revolutionary War buff and Sudbury Militia member Keith A. Downer, after ruling that he broke state law by firing a cannon to launch Framingham’s Flag Day parade without permission from the town’s fire chief.

The eight-page decision of State Fire Marshal Stephen D. Coan called Mr. Downer’s failure to get a permit for a June 10, 2007, cannon firing “a serious violation,” siding with Framingham Fire Chief Ollie D. Gadson’s call to have Mr. Downer’s certification revoked.

“Mr. Downer’s failure to secure a permit for a cannon firing is a serious violation of the regulations,” Mr. Coan wrote. “Such a failure deprives the local fire department of its ability to take appropriate measures to assure the public’s safety during such an event.”

Mr. Downer’s failure to acknowledge his responsibility for firing the cannon, and for failing to explain himself at a hearing on the matter, “indicates a continued lack of responsibility and raises additional concerns about Mr. Downer’s competency,” Mr. Coan wrote in his ruling.

The 90-day suspension was handed down Jan. 10 and was supposed to take effect Jan. 20. But as of last week, Mr. Downer had not turned in his certificate to the state fire marshal’s office in Stow. According to the ruling, failure to turn in the certificate “may result in further disciplinary action.”

Mr. Downer, who lives in Sutton, said other communities have waived the permit requirement for town-sponsored events.

“Look at the times we’re going through, the foreclosures, war, you name it,” Mr. Downer said. “I’m trying to show people the American way, and bang! They hammer me.”

Mr. Downer maintains that Chief Gadson has overreacted, that the cannon was fired safely by an experienced crew, and that he is caught between a disagreement between the fire chief and the Flag Day organizer, Doug Freeman.

“Why am I the fall guy here?” he asked.

Chief Gadson and Deputy Fire Chief John Magri did not return calls for comment.

Mr. Downer said he plans to file an appeal of the state fire marshal’s ruling with Worcester Superior Court. He did not file an appeal of the state fire marshal’s decision initially in a lower court, a move that could affect a lawsuit’s standing in the eyes of a judge.

For more than two decades, Mr. Downer has been firing antique weapons such as muskets and cannons. He performs demonstrations and re-enactments as part of the Sudbury Militia, mostly as a volunteer.

Considered an expert on antique military arms, he is one of those men dressed like Revolutionary-era soldiers who fire muskets at Gillette Stadium after every Patriots’ score. Mr. Downer has held a permit to fire a cannon since 2003, and a permit to fire antique muskets for more than 20 years.

Should he not be allowed to fire a cannon, Mr. Downer said it won’t hurt his livelihood. His day job is as a court supervisor, responsible for several district courts in Worcester County. “Most of these events are volunteer anyway,” he said.

The controversy over Mr. Downer’s cannon firing began in June, when the Sudbury Militia was asked to fire a cannon to launch Framingham’s Flag Day parade. The militia was performing a five-hour historical encampment for the festivities.

Mr. Downer agreed to lead the team firing the cannon. He said he received assurances from the Flag Day organizer, Mr. Freeman, that Chief Gadson had granted permission.

But Chief Gadson told the state fire marshal at a hearing in December that no one ever applied for a permit. State law mandates that anyone seeking to fire a cannon must file for a permit with the local fire department at least 15 days before the firing, and that fire officials be allowed to check equipment and the credentials of the cannon firing crew.

The day after the parade, Mr. Downer received a $100 citation in the mail for failing to apply for a permit to fire the cannon. He appealed to the Framingham Police Department, which sided with the Fire Department. Mr. Downer appealed that decision to Framingham District Court, where a judge dismissed a criminal charge, and all fines, against Mr. Downer.

 

[Moderator]

As much as I respect our firefighters, they truly have an honorable profession, I must say this. Stop dicking with the guy and go save a cat from a tree.

 

[Martlet]

As much as I respect our firefighters, they truly have an honorable profession, I must say this. Stop dicking with the guy and go save a cat from a tree.

I really have to agree. Stop the muscle flexing.

 

[jkelly]

I don't know, you let one guy shoot a cannon then there'e another guy shooting a cannon. Soon you'd have gangs of guys running around shooting cannons. There'd be drive by cannon shootings, banks would be heldup with cannons and guys would be trying to sneak cannons onto planes.

I just don't like it!

Respectfully,

jkelly

 

[Martlet]

I don't know, you let one guy shoot a canon then there'e another guy shooting a canon. Soon you'd have gangs of guys running around shooting canons. There'd be drive by canon shootings, banks would be heldup with canons and guys would be trying to sneak canons onto planes.

I just don't like it!

Respectfully,

jkelly

Hmmm. I saw my neighbor mounting something in his panel van. Should I call the ATF?

 

[jkelly]

'

Hmmm. I saw my neighbor mounting something in his panel van. Should I call the ATF?---Marlet

No, wait until he shoots it and call the Fire Cheif!


Respectfully,

jkelly

 

[drgrant]

I don't know, you let one guy shoot a canon then there'e another guy shooting a canon. Soon you'd have gangs of guys running around shooting canons. There'd be drive by canon shootings, banks would be heldup with canons and guys would be trying to sneak canons onto planes.

I just don't like it!

Respectfully,

jkelly

You forgot the part about how "blood would flow in the streets...."

-Mike

 

[tuna]

I don't know, but I'm guessing that it is a lot of trouble and money to maintain, transport, set up and shoot a cannon. And because someone didn't pay full attention to some twit's empire, he's got to be a jackass.

Weather permitting, during patriotic holidays here someone looses their holdiay to be at work covering flyovers for parades and such for Independence Day, Veterans Day, Memorial Day, 9/11 remembrence, etc. That isn't too bad, but half the time we get a call about low flying planes and loud noises, just to really thank us for not spending time with our families.

I can't wait till I'm about to retire...
Caller: "I'd like to complain about a low flying military plane"
Me: "Sure, let me get my form here....., now, did it have a red star on it?"
Caller: "No, it didn't"
Me: "You're welcome, thank you for calling" click