Gun charge against Cape trooper dismissed
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090220/NEWS11/90220018
STAFF WRITER
February 20, 2009
BARNSTABLE – A charge that a Massachusetts state trooper illegally stored a large-capacity firearm in the presence of a minor has been dismissed.
Lt. Richard Bolduc of Sandwich was accused of leaving his service weapon in an unlocked bureau while not at home. Police said that on June 25, Bolduc’s 12-year-old son took the gun, pointed it at a 5-year-old neighbor and pulled the trigger.
More Times Breaking News
LeBoeuf pleads guilty to having stolen goods - 3:05 pm Gun charge against Cape trooper dismissed - 1:12 pm Wall Street falls amid economic concerns - 12:30 pm UMass committee approves $1,500 fee hike - 12:27 pm See All Breaking News Stories » While the gun was not loaded and no one was hurt, police said they found a loaded clip in the same drawer where it was stored. His son was charged separately as a minor.
Earlier this month, Bolduc’s attorney, Daniel O’Malley, argued before Judge Joan Lynch that the charge should be dropped based on a June 26 ruling by the U.S. Supreme Court. In District of Columbia v. Heller, the Supreme Court declared a Washington, D.C. gun ban unconstitutional and struck down a requirement that guns be locked or disassembled when stored.
While Lynch on Feb. 5 indicated she was leaning toward the defense, she took the request under advisement.
Judge W. James O’Neill officially declared the case dismissed in Barnstable District Court today.
Bolduc declined to comment after the brief hearing.
Read more about this in tomorrow’s Cape Cod Times.
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090220/NEWS11/90220018
STAFF WRITER
February 20, 2009
BARNSTABLE – A charge that a Massachusetts state trooper illegally stored a large-capacity firearm in the presence of a minor has been dismissed.
Lt. Richard Bolduc of Sandwich was accused of leaving his service weapon in an unlocked bureau while not at home. Police said that on June 25, Bolduc’s 12-year-old son took the gun, pointed it at a 5-year-old neighbor and pulled the trigger.
More Times Breaking News
LeBoeuf pleads guilty to having stolen goods - 3:05 pm Gun charge against Cape trooper dismissed - 1:12 pm Wall Street falls amid economic concerns - 12:30 pm UMass committee approves $1,500 fee hike - 12:27 pm See All Breaking News Stories » While the gun was not loaded and no one was hurt, police said they found a loaded clip in the same drawer where it was stored. His son was charged separately as a minor.
Earlier this month, Bolduc’s attorney, Daniel O’Malley, argued before Judge Joan Lynch that the charge should be dropped based on a June 26 ruling by the U.S. Supreme Court. In District of Columbia v. Heller, the Supreme Court declared a Washington, D.C. gun ban unconstitutional and struck down a requirement that guns be locked or disassembled when stored.
While Lynch on Feb. 5 indicated she was leaning toward the defense, she took the request under advisement.
Judge W. James O’Neill officially declared the case dismissed in Barnstable District Court today.
Bolduc declined to comment after the brief hearing.
Read more about this in tomorrow’s Cape Cod Times.