MANCHESTER – Hillsborough County Sheriff James Hardy yesterday released a review that blames the Manchester Police Department for the failure to confiscate a rifle used in a domestic-related murder-suicide last year.
The sheriff, whose position is up for election this year, also said a "systematic flaw" prevents access to information about weapons during an arrest and preliminary court hearings.
The three-page statement finds no fault with his Hillsborough County deputies, but Hardy said state law prevents him from discussing his internal review into the Oct. 22 slaying of Melissa Charbonneau by Jonathan Charbonneau.
Manchester police and Hardy have differed over each agency's handling of Charbonneau's arrest and two protective orders issued in the days preceding Melissa's death. Hardy's statement breaks no real new ground.
He writes that it wasn't his deputies' job to confiscate Charbonneau's hunting rifle. Hardy said existing protocols and law are clear when it comes to confiscation of weapons: "Weapons should be seized at the time of arrest."
Manchester Police Chief David Mara rejected Hardy's contention. Post-arrest bail conditions said only that defendants are not to possess weapons. "It doesn't tell anybody to go get them," he said.
The Manchester department was the only agency to arrest Charbonneau, doing so two days before the shooting, when he assaulted his wife.
Authorities issued one protection order upon that arrest; it barred Charbonneau from possessing any weapons. The following day, Melissa sought a divorce in Hillsborough County Superior Court, and at least one sheriff's deputy served Charbonneau with a temporary civil restraining order that required Charbonneau to relinquish all firearms.
The next day, Charbonneau used the high-powered hunting rifle to kill Melissa when she returned to her Jewett Street home to pick up a few things. Charbonneau also wounded her father before killing himself during a six-hour standoff with police.
Hardy promised the review into the Charbonneau case shortly after questions arose about his deputy's handling of the order.
In the review, he said the temporary protection order did not direct the confiscation of any firearm. The order said Charbonneau had a hunting rifle in his closet.
"The failure to have access to information whether or not a firearm had been seized and/or confiscated at the time of the defendant's arrest, at the time bail conditions were first imposed, or at the time bail conditions were reviewed in the criminal matter is a systematic flaw that needs to be corrected," Hardy wrote.
Manchester police dispute Hardy's contention that the divorce-related protection order did not direct deputies to confiscate a firearm.
Police Capt. Gerry Lessard notes that Page 2 of the protection order includes Box 8, which specifies: "The defendant (Charbonneau) is to relinquish all firearms and ammunition under his control, ownership or possession and is prohibited from purchasing or possessing any while the order is in effect."
There is a hitch. A checklist on Page 1 includes a box calling for a weapon confiscation. It was not checked.
But Lessard said: "A clear reading of all pages (of the order) is appropriate."
Hardy said he has directed his deputies to review all civil filings to see if there are underlying criminal issues, and take appropriate steps if any "statutory obligations have not been met."
He said he has improvements to domestic-violence laws that he will bring to the attention of the attorney general and the Legislature. And he has applied for federal grants to provide more coordinated and streamlined assistance to victims of domestic violence.
Lessard said Manchester police take domestic violence very seriously and are adding new tools to help reduce and prevent it.
He said a domestic violence advocate is in Manchester District Court every day during arraignments of people charged with domestic crimes. Lessard also said officers are training for a new screening program for first responders to assess risk of domestic violence situations.
Lessard said the Charbonneau murder-suicide was tragic. But sometimes, he said, nothing will stop someone bent on violence, despite all the efforts of police and domestic violence advocates.
The sheriff, whose position is up for election this year, also said a "systematic flaw" prevents access to information about weapons during an arrest and preliminary court hearings.
The three-page statement finds no fault with his Hillsborough County deputies, but Hardy said state law prevents him from discussing his internal review into the Oct. 22 slaying of Melissa Charbonneau by Jonathan Charbonneau.
Manchester police and Hardy have differed over each agency's handling of Charbonneau's arrest and two protective orders issued in the days preceding Melissa's death. Hardy's statement breaks no real new ground.
He writes that it wasn't his deputies' job to confiscate Charbonneau's hunting rifle. Hardy said existing protocols and law are clear when it comes to confiscation of weapons: "Weapons should be seized at the time of arrest."
Manchester Police Chief David Mara rejected Hardy's contention. Post-arrest bail conditions said only that defendants are not to possess weapons. "It doesn't tell anybody to go get them," he said.
The Manchester department was the only agency to arrest Charbonneau, doing so two days before the shooting, when he assaulted his wife.
Authorities issued one protection order upon that arrest; it barred Charbonneau from possessing any weapons. The following day, Melissa sought a divorce in Hillsborough County Superior Court, and at least one sheriff's deputy served Charbonneau with a temporary civil restraining order that required Charbonneau to relinquish all firearms.
The next day, Charbonneau used the high-powered hunting rifle to kill Melissa when she returned to her Jewett Street home to pick up a few things. Charbonneau also wounded her father before killing himself during a six-hour standoff with police.
Hardy promised the review into the Charbonneau case shortly after questions arose about his deputy's handling of the order.
In the review, he said the temporary protection order did not direct the confiscation of any firearm. The order said Charbonneau had a hunting rifle in his closet.
"The failure to have access to information whether or not a firearm had been seized and/or confiscated at the time of the defendant's arrest, at the time bail conditions were first imposed, or at the time bail conditions were reviewed in the criminal matter is a systematic flaw that needs to be corrected," Hardy wrote.
Manchester police dispute Hardy's contention that the divorce-related protection order did not direct deputies to confiscate a firearm.
Police Capt. Gerry Lessard notes that Page 2 of the protection order includes Box 8, which specifies: "The defendant (Charbonneau) is to relinquish all firearms and ammunition under his control, ownership or possession and is prohibited from purchasing or possessing any while the order is in effect."
There is a hitch. A checklist on Page 1 includes a box calling for a weapon confiscation. It was not checked.
But Lessard said: "A clear reading of all pages (of the order) is appropriate."
Hardy said he has directed his deputies to review all civil filings to see if there are underlying criminal issues, and take appropriate steps if any "statutory obligations have not been met."
He said he has improvements to domestic-violence laws that he will bring to the attention of the attorney general and the Legislature. And he has applied for federal grants to provide more coordinated and streamlined assistance to victims of domestic violence.
Lessard said Manchester police take domestic violence very seriously and are adding new tools to help reduce and prevent it.
He said a domestic violence advocate is in Manchester District Court every day during arraignments of people charged with domestic crimes. Lessard also said officers are training for a new screening program for first responders to assess risk of domestic violence situations.
Lessard said the Charbonneau murder-suicide was tragic. But sometimes, he said, nothing will stop someone bent on violence, despite all the efforts of police and domestic violence advocates.
