Showing posts with label gun charge. Show all posts
Showing posts with label gun charge. Show all posts

Tuesday, November 23, 2021

Grand jury to hear case against Marlboro Co. deputy probate judge on gun charge

by Tonya Brown

A preliminary hearing took place Monday morning at the Bennettsville Municipal Courthouse for former Marlboro County Deputy Probate Judge Tammy Bullock on a charge of pointing and presenting a firearm, according to Bennettsville Police Chief Kevin Miller.

A judge heard the evidence against Bullock as well as allowed her lawyer a chance to address the charge and why it should be dismissed.

The hearing lasted about 40 minutes and a judge decided there was enough probable cause to send the matter to a grand jury. 

That jury will review the findings and evidence in the case and decide if Bullock should be indicted or if the charge is dismissed altogether.

Bullock took office in March and resigned from the position in October.

Tammy Bullock (Credit: MCSO)

Back in February, Bennettsville Police charged Bullock with pointing and presenting a firearm during an argument with a woman.

Bennettsville Police Chief Kevin Miller said they charged Bullock under a city ordinance.

However, Miller said that the charge was dismissed in municipal court earlier this month and refilled in state court.

It will likely be prosecuted by an “outside prosecuting authority,” officials said.

The authority could be a prosecutor in another county or the South Carolina Attorney General’s Office.

Marlboro County court house (Credit: Tonya Brown)
 
ABC15 got a copy of the four-page incident report from the Bennettsville Police Department.

The report said the incident took place on Feb. 3, 2021, but a report wasn't filed until Feb. 5.

A 45-year-old woman is named as the complainant in the report and Bullock as the subject.

The woman said Bullock had a gun and threatened to kill her during an argument at a home they shared in Bennettsville.

The complainant stated the verbal altercation resulted in the subject pointing a handgun in her face and making a threat to shoot her with a handgun in question," according to an excerpt from the police report. "The complainant stated the handgun was medium-sized and gray in color. The complainant further stated the handgun contained a hammer located at the back of the side.

Marlboro County court house parking spot for judge (Credit: Tonya Brown)
 
The officer questioned the woman about why she waited two days to file the incident report.
I inquired with the complainant in reference to the reasoning behind her not contacting law enforcement on 02/03/2021, the complainant stated she did not know what to do at the time of the incident. The complainant stated the subject was further forcing her out of the residence. The complaint stated the subject was directing her to get all items out of the residence that day. I advised to the complainant that the subject could not force her from the residence without first obtaining an eviction notice from the magistrate’s office.

The incident report contains a statement from Bullock.

The subject stated upon her exiting her bedroom, the complainant proceeded to jump in her face again while engaged in a fighting stance. The subject stated she then stated to the complainant 'I got a gun in my hand. I will not fight you. I’m too old, but I will defend myself.' The subject stated she never pointed her gun at the complainant at any time. The subject stated she then stated to the complainant and the complainant’s daughter, 'The best thing for y’all to do is to be moved out by the time I get home from work.' Subject stated she then exited her residence and went to the Marlboro County probate office for work.

Miller said Bullock initially pled not guilty to the charge and has requested a jury trial. He said the trial was scheduled to take place in November.

However, some community members argue Bullock should not have been charged in municipal court or given a ticket which is treated as a misdemeanor because state law is clear and concise on the crime of pointing and presenting a firearm.

Marlboro County court house (Credit: Tonya Brown)

The South Carolina Law Statute SECTION 16-23-410, which deals with pointing a firearm at another person, said:

It is unlawful for a person to present or point at another person a loaded or unloaded firearm. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.

Miller said he can't reiterate enough that Bullock wasn't treated any differently than anyone else.

Miller released the following statement two weeks ago regarding the investigation:

First, allow me to please address questions regarding the on-going criminal case against Ms. Bullock. I understand some people may have questions concerning this case; however, let me be perfectly clear that the Bennettsville Police Department is no way connected to Ms. Bullock concerning other investigations or incidents, which have taken place surrounding Probate Court. Furthermore, I have asked state and local officials to look into our case “out of an abundance of precaution” in hopes to dispel rumors and other suggestive language. Decisions regarding the direction of this case were made solely based on existing evidence, which were available at the time of the initial investigation and recommendations by court officials.
Our city attorney will also be conducting an independent review of the case to ensure the integrity of the case and identify any issues, which may be considered a conflict by the court, victim, defendant, or jeopardize any part of the judicial process in this particular case. As the Chief of Police, I have a duty and responsibility to preserve the publics trust and will NOT allow unsubstantiated claims taint this case or ruin the reputation of this great city.

He added the Bennettsville city attorney reviewed their investigation from top to bottom.

The State Law Enforcement Division (SLED) is already investigating accusations made against Bullock at the request of the Marlboro County Sheriff's Office.

According to SLED, it is in connection to the estate of Hollis Slade who, according to an obituary, died in January 2021.

ABC15 has repeatedly called Bullock and her attorney, but they haven’t returned our calls.

Full Article & Source:
 
See Also: 
 
 

Tuesday, April 9, 2019

Leticia Astacio found not guilty of felony gun charge


Defense attorney Mark Foti called it a "satisfying result" after his client, Leticia Astacio, was acquitted on a felony weapons charge Friday. Meaghan M. McDermott

An Onondaga County jury found former Rochester City Court Judge Leticia Astacio not guilty of attempted criminal purchase or disposal of a weapon, a felony.

Astacio was arrested and charged in April 2018 after being accused of trying to purchase a shotgun at Dick's Sporting Goods in Henrietta.

The jury began its deliberations Thursday and reached a verdict Friday afternoon.

Prosecutors said her probation terms prohibited her from trying to purchase a weapon. Her attorney, Mark Foti, argued that "dangerous weapon" is a highly ambiguous phrase. He asked the jury to use critical thinking and common sense when determining if an unloaded shotgun can be a dangerous weapon.

The law required evidence that Astacio got close to purchasing the gun, Foti said. He argued that she never reached that point, because she never submitted or signed paperwork and she never started payment.

The jury was made up of 10 men and two women.

Astacio began to sob as the jury was polled individually for their verdicts. She declined comment leaving court, but Foti said having this case pending for the past year "has been an extraordinary weight and what you saw was that weight being lifted off her shoulders."

In both his opening statement and closing argument, Foti called the case one of governmental overreach. "What they were trying to do was prosecute somebody who didn't even fill out paperwork," he said.

Foti always contended that his client would be cleared.

"From the very beginning, we insisted that ultimately those charges would be dismissed one way or another, whether it was by a judge or a jury," Foti said Friday. "The jury did the right thing. This is a satisfying result."

He said Astacio intends to continue her bid for a seat on City Council and to continue her legal career. If convicted, Astacio would have lost her license to practice law in New York.

Both Foti and special prosecutor Mark Sinkiewicz, interim district attorney in Seneca County, said Astacio received a fair trial.

"The citizens of Monroe County are entitled to closure," Sinkiewicz said. "This provides that, not in the way we anticipated. The court of public opinion is obviously vastly different than the court of law. ... I feel like we presented every ounce of evidence available to us."

The jury submitted additional questions to acting state Supreme Court Justice Gordon Cuffy Friday afternoon. He told them that they wound need to determine if, beyond a reasonable doubt, Astacio had been "dangerously close to" or "very near completion" of purchasing the shotgun at the Dick's in Henrietta.

On Thursday, Cuffy dismissed one juror, and replaced him with an alternate. The juror appeared to be falling asleep during the attorneys' summations; this was the second time this week he was accused of sleeping.

Another juror was dismissed Tuesday after acknowledging that she had watched a brief segment on television news about the Astacio trial.

The criminal case of Astacio, who last year was removed from the Rochester City Court bench, was moved to Onondaga County after appellate judges determined the ample local media coverage made a fair trial unlikely in Monroe County.

Astacio remains on probation following her drunken driving conviction, which stems from a February 2016 incident on Interstate 490 in Rochester. That criminal conviction, coupled with allegations that she tried to influence police during the arrest and did not abide by her post-arrest mandates, were key to the decision of state officials and judges to remove her from the bench.

According to state law, a lawyer convicted of a felony is automatically disbarred. Her political career could have been in jeopardy. On Monday, Astacio filed paperwork to run for a City Council seat representing the northwest side of Rochester.

She submitted petitions to be included on the ballot in the Democratic primary on June 25. Those signatures could still be challenged.

Felons are not barred from running for public office in New York, but they must have served their sentence to completion prior to election.

Full Article & Source:
Leticia Astacio found not guilty of felony gun charge

See Also:
Judge sets trial date in Astacio case

Judge Astacio officially removed from bench, NYS Court of Appeal decides

Editorial: Astacio Case Shows Need to Reform How New York Disciplines Judges

NY Judge Arrested, Led From Courthouse in Handcuffs

Judge Astacio Arrested, Sent to Jail Until Thursday's Hearing

Monday, March 4, 2019

Judge sets trial date in Astacio case

SYRACUSE, N.Y. (WHEC) - A judge has denied a motion to reconsider the felony case against former Rochester City Court Judge Leticia Astacio.

Astacio is facing a felony gun charge after she allegedly tried to illegally buy a gun from Dick's Sporting Goods in Henrietta back in April. She's banned from owning a gun because she's on probation for her DWI conviction.

Astacio's attorney, Mark Foti, argues an unloaded shotgun is not a dangerous weapon, and her Second Amendment rights were violated.

The prosecutor argues it will be up to the jury to determine that based on the facts he plans on presenting to them during the trial, which is now scheduled for April 1.

The case was moved to Onondaga County over concerns she could not get a fair trial in Monroe County.

Astacio was officially removed from the bench in October. If convicted, the former judge could be disbarred and no longer be able to practice law.

Full Article & Source:
Judge sets trial date in Astacio case

See Also:
Judge Astacio officially removed from bench, NYS Court of Appeal decides 

Editorial: Astacio Case Shows Need to Reform How New York Disciplines Judges

NY Judge Arrested, Led From Courthouse in Handcuffs

Judge Astacio Arrested, Sent to Jail Until Thursday's Hearing