http://telegram.com/article/20080813/NEWS/808130683/1116
Police chief in gun battle over license
Judge lets businessman continue to carry firearm
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
[email protected]
WORCESTER— Police Chief Gary J. Gemme is asking a Superior Court judge to overturn a previous decision by a Central District Court judge that allows Gerald F. Gallo — part-owner and manager of Gallo Motor Center — to continue to have a license to carry firearms.
Chief Gemme denied Mr. Gallo’s request to renew his license to carry on Dec. 19, 2007, citing three Worcester Police Department incidents from 1994 and 1997. Mr. Gallo appealed the decision in Central District Court earlier this year. Judge Andrew M. D’Angelo on May 23 reversed the chief’s denial of the license renewal. He wrote in his decision that the chief was arbitrary and capricious in his decision to deny.
In an appeal filed last month in Worcester Superior Court, Chief Gemme — through city lawyers — said the judge’s decision was “erroneous” because the judge did not apply the proper legal standards under state laws.
The chief said Judge D’Angelo substituted his own judgment on the case which was contrary to state law that states a police chief — the person in a community who can approve or deny licenses — can deny a license to carry application as long as the decision is not arbitrary and capricious.
“I’m basing my decision on the three instances to support my decision,” Chief Gemme said yesterday. “In no way was it arbitrary or capricious.”
In an interview yesterday, Mr. Gallo’s lawyer, James J. Gribouski, said Judge D’Angelo’s decision was correct and the chief’s decision was “in error.”
He said Mr. Gallo, 54, who lives in the city, attained a license to carry in May 1976 and over those 30-plus years has never had a firearms problem.
“The most important thing is he has never had a violation involving firearms,” Mr. Gribouski said. “He is a perfect example of someone who respects firearms. We feel the District Court judge applied the law correctly.”
Mr. Gribouski also noted his client is a member of the Gun Owners Action League, owns a collection of guns, and in 1998 and 2003 his client’s license to carry was renewed by Worcester police, before Chief Gemme took over in late 2004.
Chief Gemme said he is not locked into a decision made by a previous chief, and the three instances referred to in his original denial and recent appeal back up his decision to deny the renewal.
A police incident report dated Nov. 11, 1994, said Mr. Gallo fled from a motor vehicle accident that resulted in personal injuries, according to the appeal. The incident report described Mr. Gallo as “having bloodshot eyes and being unsteady on his feet.” The report also states he cursed at the responding officer and struggled with officers before his arrest.
Judge D’Angelo wrote in his May 23 decision that Mr. Gallo passed a Breathalyzer test after the November 1994 incident and “was not even charged with the crime of operating under the influence of alcohol.” Mr. Gallo was also found not guilty of leaving the scene and being a disorderly person, the judge said.
A March 4, 1997, police report said Mr. Gallo bought crack cocaine from an area under police surveillance and before being arrested, struggled with police. “The incident report also states that crack cocaine was located in the vicinity of Gallo’s arrest,” according to the appeal filed in Worcester Superior Court on July 11.
Judge D’Angelo noted in his decision that the case was continued without a finding and the matter was subsequently dismissed.
In the final incident cited by Chief Gemme, an Oct. 2, 1997, report detailed a motorcycle accident involving Mr. Gallo. The accident resulted in personal injuries, the court appeal said. The report said the officer found Mr. Gallo’s breath had a strong odor of alcohol and Mr. Gallo “admitted to the officer he had been drinking alcohol prior to the accident.” Mr. Gallo was charged with driving under the influence of alcohol.
Again, Judge D’Angelo noted the case was continued without a finding then dismissed.
The chief said yesterday he does not need a conviction in a case to find the information credible.
Chief Gemme said in his appeal that Mr. Gallo lied in his renewal application by not disclosing a driving under the influence of alcohol arrest that happened before the three incidents listed in his denial letter.
“The petitioner listed the 1994 and 1997 incidents on all applicable gun license renewal forms and in 1998 and 2003 the petitioner’s gun license was renewed by the Worcester Police,” Judge D’Angelo wrote.
Mr. Gallo’s recent renewal application was filed in May 2007. The District Court judge said using the November 1994 incident as evidence to deny was arbitrary and capricious.
“Additionally, any evidence which the officer seemed to indicate regarding the defendant’s sobriety seems to be completely contradicted by the fact that the petitioner passed a Breathalyzer and was not even charged with the crime,” Judge D’Angelo wrote.
The judge said Mr. Gallo had a license to carry firearms for 30 years and showed he never had a firearms violation. The judge also noted Mr. Gallo is an active member in the community and supports charitable organizations.
He continued that it has been 11 years since the 1997 incidents.
The chief believes his denial should have been upheld at the District Court level and the Superior Court will rule in his favor.
“We have been successful in the few times when the judge has ruled against my decision in District Court,” Chief Gemme said. “I am confident the city will win this case. We have a good track record of being reasonable and fair.”
Police chief in gun battle over license
Judge lets businessman continue to carry firearm
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
[email protected]
WORCESTER— Police Chief Gary J. Gemme is asking a Superior Court judge to overturn a previous decision by a Central District Court judge that allows Gerald F. Gallo — part-owner and manager of Gallo Motor Center — to continue to have a license to carry firearms.
Chief Gemme denied Mr. Gallo’s request to renew his license to carry on Dec. 19, 2007, citing three Worcester Police Department incidents from 1994 and 1997. Mr. Gallo appealed the decision in Central District Court earlier this year. Judge Andrew M. D’Angelo on May 23 reversed the chief’s denial of the license renewal. He wrote in his decision that the chief was arbitrary and capricious in his decision to deny.
In an appeal filed last month in Worcester Superior Court, Chief Gemme — through city lawyers — said the judge’s decision was “erroneous” because the judge did not apply the proper legal standards under state laws.
The chief said Judge D’Angelo substituted his own judgment on the case which was contrary to state law that states a police chief — the person in a community who can approve or deny licenses — can deny a license to carry application as long as the decision is not arbitrary and capricious.
“I’m basing my decision on the three instances to support my decision,” Chief Gemme said yesterday. “In no way was it arbitrary or capricious.”
In an interview yesterday, Mr. Gallo’s lawyer, James J. Gribouski, said Judge D’Angelo’s decision was correct and the chief’s decision was “in error.”
He said Mr. Gallo, 54, who lives in the city, attained a license to carry in May 1976 and over those 30-plus years has never had a firearms problem.
“The most important thing is he has never had a violation involving firearms,” Mr. Gribouski said. “He is a perfect example of someone who respects firearms. We feel the District Court judge applied the law correctly.”
Mr. Gribouski also noted his client is a member of the Gun Owners Action League, owns a collection of guns, and in 1998 and 2003 his client’s license to carry was renewed by Worcester police, before Chief Gemme took over in late 2004.
Chief Gemme said he is not locked into a decision made by a previous chief, and the three instances referred to in his original denial and recent appeal back up his decision to deny the renewal.
A police incident report dated Nov. 11, 1994, said Mr. Gallo fled from a motor vehicle accident that resulted in personal injuries, according to the appeal. The incident report described Mr. Gallo as “having bloodshot eyes and being unsteady on his feet.” The report also states he cursed at the responding officer and struggled with officers before his arrest.
Judge D’Angelo wrote in his May 23 decision that Mr. Gallo passed a Breathalyzer test after the November 1994 incident and “was not even charged with the crime of operating under the influence of alcohol.” Mr. Gallo was also found not guilty of leaving the scene and being a disorderly person, the judge said.
A March 4, 1997, police report said Mr. Gallo bought crack cocaine from an area under police surveillance and before being arrested, struggled with police. “The incident report also states that crack cocaine was located in the vicinity of Gallo’s arrest,” according to the appeal filed in Worcester Superior Court on July 11.
Judge D’Angelo noted in his decision that the case was continued without a finding and the matter was subsequently dismissed.
In the final incident cited by Chief Gemme, an Oct. 2, 1997, report detailed a motorcycle accident involving Mr. Gallo. The accident resulted in personal injuries, the court appeal said. The report said the officer found Mr. Gallo’s breath had a strong odor of alcohol and Mr. Gallo “admitted to the officer he had been drinking alcohol prior to the accident.” Mr. Gallo was charged with driving under the influence of alcohol.
Again, Judge D’Angelo noted the case was continued without a finding then dismissed.
The chief said yesterday he does not need a conviction in a case to find the information credible.
Chief Gemme said in his appeal that Mr. Gallo lied in his renewal application by not disclosing a driving under the influence of alcohol arrest that happened before the three incidents listed in his denial letter.
“The petitioner listed the 1994 and 1997 incidents on all applicable gun license renewal forms and in 1998 and 2003 the petitioner’s gun license was renewed by the Worcester Police,” Judge D’Angelo wrote.
Mr. Gallo’s recent renewal application was filed in May 2007. The District Court judge said using the November 1994 incident as evidence to deny was arbitrary and capricious.
“Additionally, any evidence which the officer seemed to indicate regarding the defendant’s sobriety seems to be completely contradicted by the fact that the petitioner passed a Breathalyzer and was not even charged with the crime,” Judge D’Angelo wrote.
The judge said Mr. Gallo had a license to carry firearms for 30 years and showed he never had a firearms violation. The judge also noted Mr. Gallo is an active member in the community and supports charitable organizations.
He continued that it has been 11 years since the 1997 incidents.
The chief believes his denial should have been upheld at the District Court level and the Superior Court will rule in his favor.
“We have been successful in the few times when the judge has ruled against my decision in District Court,” Chief Gemme said. “I am confident the city will win this case. We have a good track record of being reasonable and fair.”
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