Membrino's gun license had been yanked
2005 decision against Membrino
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
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WESTMINSTER — Four years ago, Westminster Police Chief Salvatore J. Albert revoked Michael A. Membrino’s license to carry a firearm after the chief determined he was unsuitable, according to paperwork on file in Gardner District Court.
The revocation was upheld by a Gardner District Court judge. Mr. Membrino, then a correction officer at Gardner state prison, filed a motion for reconsideration in court, but it appears a hearing on the motion was never scheduled.
On Sunday, Mr. Membrino died after he exchanged gunfire with Westminster police.
What is unclear from court records is whether Mr. Membrino ever got back his license to carry since the 2005 revocation.
The chief has not returned multiple phone calls from reporters since the shooting. Timothy J. Connolly, spokesman for the Worcester district attorney’s office, said yesterday no more information will be distributed on the case as the investigation continues.
Autopsy reports show Mr. Membrino, 49, was shot by police after he exchanged gunfire with them at Mr. Membrino’s house at 235 Minott Road. He died from wounds to his legs.
Court records reveal Chief Albert revoked Mr. Membrino’s license to carry on Aug. 24, 2005. A letter was sent to Mr. Membrino’s home informing him of the chief’s decision. Local police chiefs are the licensing authority for firearms.
Mr. Membrino filed for a judicial review of the license to carry a firearm or to possess and carry a machine gun revocation roughly two months later. A hearing on the matter took place in December 2005.
Details of the incident that led to Chief Albert’s revocation of Mr. Membrino’s license are included in Judge Patrick A. Fox’s written decision to back the chief.
The background includes: On Aug. 20, 2005, Mr. Membrino was driving with his wife on Route 2. Mr. Membrino was off-duty from his job as a correction officer. Another vehicle allegedly approached Mr. Membrino’s vehicle from the rear and the driver came close to Mr. Membrino’s vehicle in an attempt to pass it. The driver of the other vehicle yelled at Mr. Membrino, made a lewd hand gesture, then eventually passed him and left Route. 2.
“During the incident, the petitioner (Mr. Membrino) took out a gun and displayed it in the interior of his vehicle,” Judge Fox wrote. “It cannot be determined from the record before the Court whether the gun was observed by the other operator. The petitioner testified that if he had felt sufficiently threatened by the other operator, he was prepared to use the firearm.”
Mr. Membrino drove to the police station to report the incident.
Judge Fox denied Mr. Membrino’s petition on Dec. 7, 2005, and said Chief Albert had reasonable grounds to determine Mr. Membrino was unsuitable to carry a firearm. The judge said displaying a firearm in a moving vehicle was inappropriate conduct.
In a motion for the judge to reconsider his decision, filed Dec. 30, 2005, Mr. Membrino’s lawyer wrote that Chief Albert admitted during the hearing that it was his opinion the other driver could not have seen the weapon because it was in Mr. Membrino’s lap.
Lawyer George N. Tobia, representing Mr. Membrino, also argued the chief erred in his testimony during the hearing. The chief testified Mr. Membrino could not have seen the other driver bend down because it was dark out. The incident occurred at 12:30 p.m., the lawyer points out. Chief Albert testified he did not mean to say it was dark out, according to the motion for reconsideration.
Mr. Membrino was worried the driver bent down to retrieve a weapon, the lawyer wrote.
At the time of the incident, Mr. Membrino had been employed as a correction officer for 22 years and transported prisoners. Mr. Tobia wrote, “his private life could well be endangered by the presence of inmates who carry a grudge against him, to the peril of himself and his family.”
Mr. Tobia also wrote that Chief Albert checked with Mr. Membrino’s employer and testified his employment would not be affected by the revocation of the license.
“His job status and his ability to work during normal hours and during any overtime hours have been severely affected by the revocation of his license to carry,” Mr. Tobia wrote.
About 8 p.m. Sunday, Mr. Membrino opened fire on police with a handgun, according to authorities. Earlier that night, Mr. Membrino reportedly brandished a handgun at Partners Pub on South Street in Fitchburg. Authorities began searching for him and Westminster police found him outside his home. Mr. Membrino was wearing body armor when he fired at police, authorities said.
Police did not know if Mr. Membrino had been shot during the gunfire exchange. When they approached his home, police found him with gunshot wounds. He was taken to a nearby hospital and pronounced dead.