Indictment for Manso - weapons confiscated

[Jaxon]

The house was unsecured and the PD checked the house for intruders as per policy. The guns were out in plain view in the master bedroom.

Really?

 

[Half Cocked]

I'm willing to bet that he didn't have gun locks on any of them either, although we aren't told if that is the case or not.

No gun locks!

 

[Half Cocked]

Really?

Really!

 

[pdm]

To borrow a phrase: TSTL.

 

[namedpipes]

Before the AWB, was mag size even an issue?

Just the thickness, not the length.

 

[theGringo]

What exactly are “high caliber weapons.” ????

Not sure, but I think they're like what used to be called high caliber broads. They're a joy to hold, only they don't give you a a bunch of misery after you put a few rounds through 'em.

 

[theGringo]

The house was unsecured and the PD checked the house for intruders as per policy. The guns were out in plain view in the master bedroom.

But seriously folks ...

Something like this happend to a cousin of mine on the south shore a couple of years ago. He has a business, and there's an apartment above. It's not his primary residence. Apparently, the wind blew open a door, setting off the alarm and th police responded. They entered the apartment to check for intruders and found ... something like 14 unsecured firearms. And some ... uh ... dope. He was in a world o' pain, I bet.

I wonder how he ever made out?

 

[GSG]

http://www.capecodtoday.com/blogs/i...-cape-cod-murder-case-adds-another-c?blog=161

UPDATE: The courts threw out the charges against Mr. Manso.

This surprised me. Fair warning to others on NES though, he was charged with violating the Mass. AWB in this case.

 

[drgrant]

http://www.capecodtoday.com/blogs/i...-cape-cod-murder-case-adds-another-c?blog=161



This surprised me. Fair warning to others on NES though, he was charged with violating the Mass. AWB in this case.

So is there like a list of the charges he was hit with? EG, gun vs mag, etc...?

-Mike

 

[GSG]

So is there like a list of the charges he was hit with? EG, gun vs mag, etc...?

-Mike

Yes, well, sort of.

MGL 269-10(m) covers unlicensed possession of a large cap gun or mag, it's the charge criminals are commonly hit with.

http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10

(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.

The Mass. AWB is MGL 140-131m:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131m

Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.

From the OP:

Possession of the assault weapon carries a possible 10-year prison sentence and up to a $10,000 fine.

That fine is from an AWB charge.

 

[Woodstock]

So is there like a list of the charges he was hit with? EG, gun vs mag, etc...?

-Mike

Also, inquiring minds want to know WHY the charges were dropped. Tainted search warrant? Election year politics? His lawyer was tougher and the DA couldn't take the heat? What happened here?

 

[Titan]

Unfortunately, he may have to come to grips with...."Ignorance of the law is no excuse."

His best bet is probably to argue the extraordinary nature of the penalty.

I can't see him skating on the AW 'violation'.

 

[drgrant]

Also, inquiring minds want to know WHY the charges were dropped. Tainted search warrant? Election year politics? His lawyer was tougher and the DA couldn't take the heat? What happened here?

A ton of things can happen to cause the charges to get dropped. Unfortunately a lot of this stuff happens behind closed doors so it is often difficult to find out "why". (EG, pre trial negotiations, etc... ) It's possible Manso's lawyer had an ace up his sleeve, eg, the PD mishandled the evidence, procedural errors, etc... There are a myriad of things that can happen. It's also remotely possible that the DA could have bagged him on one of the charges but that the DA would have gotten his pants pulled down in court on the others, and decided that "looking good" was more important than enforcing the law. Mindgames can be played pretrial with the right
circumstances.

Unfortunately, he may have to come to grips with...."Ignorance of the law is no excuse."

His best bet is probably to argue the extraordinary nature of the penalty.

If the news article is right, the charges got dropped. Chances are, the only
thing he's had to come to grips with is paying his attorney a lot of money...

I can't see him skating on the AW 'violation'.

With a competent lawyer I can see him "skating" easily. It's very possible that particular charge is bogus, or the DA pulled the "baloney on the wall" trick. We don't know whether the rifle or magazine in question actually violated the AWB or not, absent other information. You assume that the DA/Prosecutor/PD actually is aware of the technical limitations of the law, and that's a pretty dangerous assumption. Technical gun law violations are unique in the respect that the standard of evidence required for prosecution is not "plain as day". Additionally, there is typically no deterrent to a DA/Prosecutor applying a bogus charge to someone. Without knowing exactly what the offending item(s) are, we have no way to tell if this was the case with Manso or not, although I would strongly suspect that is the case.

-Mike

 

[GSG]

Without knowing exactly what the offending item(s) are, we have no way to tell if this was the case with Manso or not, although I would strongly suspect that is the case.

Which is why it would be nice if the news would publish all the documents they have and not just the ones that they think would be juicy.

 

[oilspill]

DA O'Keefe had his own issues not too long ago:

http://www.capecodtoday.com/blogs/i...ft-of-gun-from-da-poses-continuing-qu?blog=53

The police department investigation of the missing gun, which remains open, has been hampered by what a department memo calls "the lack of a serial number."

A question also has arisen about whether O'Keefe, who told police he owned the gun, legally owned the weapon.

In an Aug. 26 interview with Sandwich Police Chief Michael Miller, investigative writer Peter Robbins asked whether O'Keefe possessed a valid gun permit at the time of the theft.

"I don't know," the chief responded, "but I know he has one now."

[Hearsay]
As for Manso, there's a ton more to this story. Supposedly Manso lost his LTC because of an incident in 1995 where he fired his gun into the air to scare off a hunting party behind his house. In that hunting party was a Truro police officer - the same officer who pushed for the search warrant the day after police responded to a burglar alarm at Manso's home. Btw, the judge who signed the search warrant is the father of the prosecutor in the Worthington murder case(subject of Manso's upcoming book). Antoher btw, the Truro officer was said to be a "good friend" of Worthington's.
[/Hearsay]

I believe the charges were dropped back in July.