Plymouth District Court

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

THREATS TO COMMIT MURDER:                                           DISMISSED

IMPROPER STORAGE OF A FIREARM:                                  GUILTY, PROBATION

Defendant, a Plymouth resident and commercial lobsterman, was a front seat passenger in a car driven by his wife. Defendant was extremely intoxicated and threatened to blow his wife’s brains out. Defendant proceeded to punch and elbow the passenger side window causing the glass to shatter. Defendant then jumped out of the moving vehicle. His wife called the police. Upon arrival to the scene of the incident, police found the Defendant lying on the ground, covered in vomit, and intoxicated. Defendant was transported to the emergency room. Laboratory tests showed the presence of alcohol and drugs. Defendant placed in a secured psychiatric unit of the hospital. Because the Defendant had a License to Carry Firearms, police went to his residence to secure all his weapons. Police located an assault rifle. Modifications had been made to the rifle causing it to be an illegal assault weapon. Police also located a magazine which had been illegally modified causing it to be in an illegal feeding device for the assault weapon. The magazine’s pin had been removed and modified to hold 30 rounds of ammunition. Defendant was interviewed by police where he admitted to making the illegal modifications. When searching his house to seize all his firearms, police were unable to locate a firearm that had been registered to the Defendant. Police were eventually able to locate the missing firearm in a kitchen cabinet. This firearm was not properly stored. Defendant was charged by the Plymouth Police with two counts of illegal possession of an assault weapon pursuant to G.L. c. 140, §121, threats to commit murder pursuant to G.L. c. 275, §2, and Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Patrick J. Noonan filed motions to suppress key evidence in the case. First, Attorney Noonan sought to suppress the Defendant’s confession to committing the crimes on the grounds that his statements were not voluntary due to his alcohol and drug intoxication and psychiatric conditions. Second, Attorney Noonan sought to suppress the search of the Defendant’s home because his wife did not have legal authority to consent to the search and seizure of the Defendant’s personal property. Prior to litigating the motions to suppress, the Commonwealth offered to dismiss all charges except for the misdemeanor offense of Improper Storage of a Firearm to which the Defendant pled guilty and was placed on probation for one year.