NY man faces illegal weapons charge after killing 2 burglars in his home, police say

mikeyp

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No word on WHY it was illegally owned, is it just the NY nonsense? PP? Owned before NY went FR?

New York man faces illegal weapons charge after killing 2 burglars in his home, police say

A 64-year-old New York state man who fatally shot a pair of prowlers rooting through his home Tuesday afternoon reportedly ended up in handcuffs after police said the weapon he used in self-defense was illegally owned.

Ronald A. Stolarczyk was charged with felony possession of an illegal handgun, New York State Police said in a news release.

At about 2:40 p.m., officials say Stolarczyk interrupted a man and woman burglarizing his home in Deerfield, New York, located about four hours north of New York City. Stolarczyk then shot the two suspects, according to police.

But the 64-year-old was later arrested after authorities said they determined the handgun used in the shooting was illegally owned.
 
In NY if you don't have a pistol permit and the pistol you used isn't on the permit (they actually get listed on a card or addendum on the permit) you're up the shit creek without a paddle.

-Mike
 
Article is missing some key facts. In NY, if burglars were not armed homeowner has a duty to retreat if safe to do so. Shooting unarmed burglar in NY is going to get you charged with something.
 
Article is missing some key facts. In NY, if burglars were not armed homeowner has a duty to retreat if safe to do so. Shooting unarmed burglar in NY is going to get you charged with something.

Lack of firearm on burglar is hardly an excuse. Most burglars are going to be way more physically strong than I would be, so they are still a threat even if they "only" have their own fists. They could also have knives, chains or some random object I own in close proximity. Plus, two of them.
 
Article is missing some key facts. In NY, if burglars were not armed homeowner has a duty to retreat if safe to do so. Shooting unarmed burglar in NY is going to get you charged with something.

IMHO the article reads like "they haven't decided to charge him with that yet" at this phase, this is definitely gun law BS, not self defense related. It might take them weeks to decide to apply charges for that stuff or not.

-Mike
 
As usual, Heavy has something on it

Ronald Stolarczyk: 5 Fast Facts You Need to Know | Heavy.com

1. Police Were Called to the Scene with Reports of a Home Invasion


Tammy Palmer

✔@TammyPalmerNews

https://twitter.com/TammyPalmerNews/status/1133563595458056192

In Oneida County, troopers say Deerfield homeowner Ronald Stolarczyk interrupted a burglary & shot two suspects with an illegally-owned handgun. Nicholas & Patricia Anne Talerico died. Stolarczyk is charged with Criminal Possession of a Firearm.


1

10:39 PM - May 28, 2019

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State troopers say that at around 3PM on Tuesday, they received a call about a possible home invasion in the 6000 block of Walker Road in the Town of Deerfield. When troopers responded to that call, they found something very different taking place.

According to an investigation by state troopers, Ronald Stolarcyzk interrupted Patricia Anne Talerico, 57, and Nicholas A. Talerico, 27 while they were trying to burglarize his home. Stolarcyzk shot both of the would-be burglars. Patricia Anne Talerico was pronounced dead at the scene. Nicholas Talerico was rushed to a nearby hospital and pronounced dead there.

2. Stolarczyk Is in Oneida County Jail Awaiting Arraignment
New York State police say that according to their investigation to far, Stolarczyk, a 64 year old homeowner, shot and killed two would-be burglars with an illegal firearm. According to a press release from the New York State police, Stolarczyk was arrested on the scene and charged with criminal possession of a firearm. The press release noted that this is a class “E” felony. Stolarczyk was taken to the Oneida County Jail while he awaits arraignment.

3. Nicholas Talerico Ran to a Neighbor’s House for Help Before Being Rushed to the Hospital


Tammy Palmer

✔@TammyPalmerNews

https://twitter.com/TammyPalmerNews/status/1133563595458056192

In Oneida County, troopers say Deerfield homeowner Ronald Stolarczyk interrupted a burglary & shot two suspects with an illegally-owned handgun. Nicholas & Patricia Anne Talerico died. Stolarczyk is charged with Criminal Possession of a Firearm.


1

10:39 PM - May 28, 2019

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Ronald Stolarczyk shot two people who were trying to enter his home. One of them, Patricia Anne Talerico, was pronounced dead at the scene. The other, Nicholas Talerico, managed to get out of the home and run across the street to a neighbor’s home, where he asked for help. “He was able to get out, run to a neighbor across the street,” Jack Keller of the NY State Police, told WKTV. “They were able to assist him, get him to St. E’s as quick as possible. Unfortunately, he passed away at the hospital.”

4. Students at a Local School Were Kept on Lockdown After Reports of a Shooting
After the initial reports of gunshots fired, students at the local elementary school — Deerfield Elementary — were kept at school until 5PM. A lockout/hold-in-place order was issued in response to the police activity in the area. At 5PM, the order was lifted. Police say the shooting appeared to be an isolated incident and added that they they were looking to speak to anyone with information.

“There’s, we believe, no danger to the public at this time,” a police spokesman said. “We’re still trying to piece together the whole timeline before the shooting and hopefully we’re going to get some more information and we’re asking if anybody does know any information certainly, people who may have passed by just before the shooting or lives in the area who has video, certainly we would like to hear from them.”

5. Stolarczyk’s Father Was a Veteran of the Utica Fire Department
Ronald Stolarczyk’s father, Leon, passed away in 2014. He was retired from the Utica Fire Department. Ronald Stolarczyk’s mother, Estelle, passed away in 1996. Ronald had no siblings. He was arrested and charged with illegal possession of a firearm after shooting two people who tried to enter his home. He is in Oneida County Jail awaiting arraignment.
 
Me during voir dire:

"No your honor, I don't have any preconceived notions about 2a, self-defense, stand your ground, etc. I am curious however about exactly how 'jury nullification' if I think the prosecution/prosecutor is stupid. Could you explain please?"
 
NY, like MA, there is no right to keep and bear arms.

In NY, you must first obtain permission for the privilege, and particularly do so for each and every handgun you own. What is completely legal in most states and constitutional in all is illegal in NY.

If he’s not being charged with anything related to the shooting itself, but only the firearms possession, then he pretty clearly did nothing wrong. Welcome to the land of the free, where you are persecuted for defending yourself in your own home.
 
Even if he had followed all the laws and the gun way 100% legit , he's getting jacked up in Cuomo's NY.
They will destroy his life .
I salute you sir.
Your sacrifice probably saved someone else's life who wouldn't have the means to defend themselves from these scumbags down the line.
 
If he’s not being charged with anything related to the shooting itself, but only the firearms possession, then he pretty clearly did nothing wrong. Welcome to the land of the free, where you are persecuted for defending yourself in your own home.

Well, it could also mean the DA hasn't thought of anything else to charge him with yet... since the unlawful possession is a simple legal test, they would obviously apply that
immediately.

I would venture a guess though that your intuition is probably correct though, otherwise.

-Mike
 
Sounds like a possible candidate for challenge to SCOTUS

At trial this case should be tossed out with the dirty prosecutor.

On June 26, 2008, in District of Columbia v. Heller (PDF), the United States Supreme Court issued its first decision since 1939 interpreting the Second Amendment to the United States Constitution. The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.
 
At trial this case should be tossed out with the dirty prosecutor.

On June 26, 2008, in District of Columbia v. Heller (PDF), the United States Supreme Court issued its first decision since 1939 interpreting the Second Amendment to the United States Constitution. The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.

Yep. Though IANAL, I would think any mediocre defense attorney would immediately and repeatedly cite DC v Heller as proof positive that the prosecution would be wise to drop all charges, ASAP.
 
It's doubtful the 2 intruders were there with bad intentions Auntie was giving her her nephew a life lesson, they probably showed up to clean the house and they were turning their life around after a criminal past.

Also noting: Ronald Stolarczyk was using his deceased father's gun, he should have been given a reward for saving the taxpayers money! It's not the first time they broke into his house and robbed him!!!

Patricia Talerico 20+ arrests / Nicholas Talerico at least one prior arrest
talerico-side-by-side-patricia-nicholas.JPG


Two killed in Deerfield shooting incident had criminal history
(Some interesting comments on bottom of article)

The mugshots of the two people killed after an alleged attempted robbery in Deerfield have been released — meaning they both had a criminal history. Authorities are also investigating if the intruders had been in the house prior to Tuesday afternoon.

The incident on Walker Road turned deadly after the homeowner, 64-year-old Ronald Stolarczyk, shot and killed Patricia Anne Talerico, 57, and her nephew Nicholas Talerico, 27, after they entered his home.


Police found items belonging to Stolarczyk in another home Tuesday night. Oneida County District Attorney Scott McNamara says police are trying to determine if the two robbed Stolarczyk's home about a week ago.

"A truckload of evidence was seized last night. At this point, we have to determine whether or not that was evidence that had been taken from this residence on a prior occasion," McNamara said.

The Oneida County Sheriff's Office released past booking photos of Patricia and Nicholas, saying that both have criminal records.

Patricia Talerico had been arrested more than 20 times in the past, and Nicholas Talerico was arrested on more than one occasion.

Both suspects were Utica residents, although they lived at different addresses.

Stolarczyk is facing charges for using his deceased father's (retired Utica Fire Department) gun to kill the two, which he never registered to himself. He is currently being held at the Oneida County Jail.
 
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In Most of Texas, the cops would have asked him if he needed more ammunition for his Daddy's gun before they left to make their way back to the station...
 
This would be textbook assuming the homeowner has no surprises in his history.
N.Y. might want to think long and hard about trying to rake this guy over the coals.
Hopefully the NRA and or SAF take this on and go the distance.
Still sucks bad for the guy to be victimized twice.
 
looks like a good place to send some money.

I too wonder where the heck is the NRA's donation to his defense fund. $200k for wayne's clothes is a valid expense, but funding gun owner's getting rolled by the big state....is not a concern???

NRA should be providing an army of free lawyers
 
Lack of firearm on burglar is hardly an excuse. Most burglars are going to be way more physically strong than I would be, so they are still a threat even if they "only" have their own fists. They could also have knives, chains or some random object I own in close proximity. Plus, two of them.
We know. He was quoting NY law not common sense
 
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