Arrest in local firearm thefts..
Remember my ranting back in the Fall about a firearm dealer that wanted $25.00 for a single box of Federal Power Shok .308 ammo.. Had to make a call to get the price and then said that is what he had to pay for it and was not making a dime on it....
WELL WELL he got what was coming to him trying to rip people off..
Latest word is the FEDs found enough to bust the shop owners early before they even really got started with checking the shops full inventory..
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Man in jail for firearm thefts
Published: Wednesday, January 9, 2008 10:14 AM CST
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DANVILLE - A Julian man faces four felony charges stemming from two incidents in which he allegedly stole firearms, according to Boone County Magistrate Court documents.
In one case, he sold a gun to a pawn shop. In the other case, an accomplice traded the guns for drugs.
Jerry Wayne Messer II, 25, was arrested last Wednesday, according to a pair of reports filed by Sergeant D.R. Browning and Deputy M.D. Foster of the Boone County Sheriff's Department.
Messer was charged with two counts of transferring stolen property, one count of grand larceny and one count of nighttime burglary, according to the reports.
In the first incident, which Browning investigated, Messer sold a Stag arms AR-15 valued at $1,300 to Kevin Britton of Britton's Gun & Pawn for $500 on Nov. 9, according to the report. The gun belonged to Thomas Stevens III.
Information for that complaint was based on statements from Britton, Chelsea Dolan and Heather Morris, according to the report.
In the second incident, which Foster investigated, Messer stole four firearms and one chainsaw valued at $1,800 from the Julian home of John Gay on or around Nov. 24, according to the report. Gay was out of town when the burglary occurred. However, his aunt was staying there.
Morris went inside the residence and diverted the aunt's attention while Messer entered through the attached garage, according to the report. Dolan accompanied Morris and Messer to Gay's home.
Morris and Messer returned to the car, where Dolan was waiting for them, according to the report. They drove to the entrance of Hill Valley Road, where Messer gave the stolen property to Dolan. She then took the guns to Lincoln County and traded them for three 80-milligram Oxycontin pills.
Dolan then returned to Hill Valley Road, where she and Morris each received one of the pills for their participation in the crime, according to the report.
Foster was able to recover two of the stolen guns from the Lincoln County residence.
Information for that complaint was based on confessions from Dolan and Morris plus officer observations, according to the report.
Messer remains in Southwestern Regional Jail, unable to post the $80,000 surety or $8,000 cash bond set for him by Boone County Magistrate Chuck Byrnside.
If convicted, he faces one to 10 years in prison or a sentence of no more than one year and a fine of no more than $2,500 for each transferring stolen property charge; one to 15 years in prison for the nighttime burglary charge; and one to 10 years in prison or a sentence of no more than one year and a fine of no more than $2,500 for the grand larceny charge.
Boone County Sheriff Rodney Miller said he expects additional charges to be filed against other suspects in the future, although he did not elaborate on possible targets.
Part of the investigation has centered on Britton's Gun & Pawn, where agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, along with law enforcement officials from the West Virginia State Police and Boone County Sheriff's Department, have been working to inventory property.
"We are looking for any stolen property that may be identified and return it to the rightful owner," Miller said. "When processing and examining items that may potentially be identified as stolen, the length of time depends on the amount of property to be examined and the depth the investigation has developed."
The process is multi-pronged, Miller said. Law enforcement officials must assemble theft reports, which could correlate with identified property. They also must identify and interview victims, witnesses and potential suspects.
"With the number of property crimes being discovered and the amount of property being inventoried, I would expect a lengthy investigation period," Miller said.
Contact Jacob Messer at HYPERLINK
http://www.coalvalleynews.com/articles/2008/01/09/news/02story.txt
WELL WELL he got what was coming to him trying to rip people off..
Latest word is the FEDs found enough to bust the shop owners early before they even really got started with checking the shops full inventory..
============================
Man in jail for firearm thefts
Published: Wednesday, January 9, 2008 10:14 AM CST
E-mail this story | Print this page
DANVILLE - A Julian man faces four felony charges stemming from two incidents in which he allegedly stole firearms, according to Boone County Magistrate Court documents.
In one case, he sold a gun to a pawn shop. In the other case, an accomplice traded the guns for drugs.
Jerry Wayne Messer II, 25, was arrested last Wednesday, according to a pair of reports filed by Sergeant D.R. Browning and Deputy M.D. Foster of the Boone County Sheriff's Department.
Messer was charged with two counts of transferring stolen property, one count of grand larceny and one count of nighttime burglary, according to the reports.
In the first incident, which Browning investigated, Messer sold a Stag arms AR-15 valued at $1,300 to Kevin Britton of Britton's Gun & Pawn for $500 on Nov. 9, according to the report. The gun belonged to Thomas Stevens III.
Information for that complaint was based on statements from Britton, Chelsea Dolan and Heather Morris, according to the report.
In the second incident, which Foster investigated, Messer stole four firearms and one chainsaw valued at $1,800 from the Julian home of John Gay on or around Nov. 24, according to the report. Gay was out of town when the burglary occurred. However, his aunt was staying there.
Morris went inside the residence and diverted the aunt's attention while Messer entered through the attached garage, according to the report. Dolan accompanied Morris and Messer to Gay's home.
Morris and Messer returned to the car, where Dolan was waiting for them, according to the report. They drove to the entrance of Hill Valley Road, where Messer gave the stolen property to Dolan. She then took the guns to Lincoln County and traded them for three 80-milligram Oxycontin pills.
Dolan then returned to Hill Valley Road, where she and Morris each received one of the pills for their participation in the crime, according to the report.
Foster was able to recover two of the stolen guns from the Lincoln County residence.
Information for that complaint was based on confessions from Dolan and Morris plus officer observations, according to the report.
Messer remains in Southwestern Regional Jail, unable to post the $80,000 surety or $8,000 cash bond set for him by Boone County Magistrate Chuck Byrnside.
If convicted, he faces one to 10 years in prison or a sentence of no more than one year and a fine of no more than $2,500 for each transferring stolen property charge; one to 15 years in prison for the nighttime burglary charge; and one to 10 years in prison or a sentence of no more than one year and a fine of no more than $2,500 for the grand larceny charge.
Boone County Sheriff Rodney Miller said he expects additional charges to be filed against other suspects in the future, although he did not elaborate on possible targets.
Part of the investigation has centered on Britton's Gun & Pawn, where agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, along with law enforcement officials from the West Virginia State Police and Boone County Sheriff's Department, have been working to inventory property.
"We are looking for any stolen property that may be identified and return it to the rightful owner," Miller said. "When processing and examining items that may potentially be identified as stolen, the length of time depends on the amount of property to be examined and the depth the investigation has developed."
The process is multi-pronged, Miller said. Law enforcement officials must assemble theft reports, which could correlate with identified property. They also must identify and interview victims, witnesses and potential suspects.
"With the number of property crimes being discovered and the amount of property being inventoried, I would expect a lengthy investigation period," Miller said.
Contact Jacob Messer at HYPERLINK
http://www.coalvalleynews.com/articles/2008/01/09/news/02story.txt
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So exactly what did the dealer do that was wrong according to the C&P? I buy guns from people all the time. 0 -
Nice to see they caught up with these guys.
Question, Is there a difference in sentence for burglary during daylight hours there?0 -
Is there a difference in sentence for burglary during daylight hours there..
Not really when being sentenced.
So exactly what did the dealer do that was wrong according to the C&P?
Transferring and/or Receiving stolen property. Buying or selling stolen property be it know or unknown is against the law in WV. Does not matter who you are.0 -
quote:Originally posted by LesWVa
Transferring and/or Receiving stolen property. Buying or selling stolen property be it know or unknown is against the law in WV. Does not matter who you are.
That's a load of crap, how can you be held accountable if you didn't know you received stolen property. If you are a fence, sure, you need hammered, but getting arrested for buying something stolen without knowledge or intent is a ridiculous law.0 -
I didn't see anywhere in the article where the FFL holder was charged. 0 -
quote:Part of the investigation has centered on Britton's Gun & Pawn, where agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives,
God help him - same thing happened here about a year ago. Rick lost his license forever.
quote:
bhale187:
That's a load of crap, how can you be held accountable if you didn't know you received stolen property.
LOL ... I guess you haven't ever run up against the BATF. ANYTHING wrong with your record keeping and it's POOF goes your licensing rights!0 -
The way I read it, the pawn shop owner was not charged with any crime. 0 -
quote:Originally posted by zipperzap
LOL ... I guess you haven't ever run up against the BATF. ANYTHING wrong with your record keeping and it's POOF goes your licensing rights!
Well, I did know that, and it's crap also. But to be charged criminally for buying something stolen when you did not know it to be stolen....WOW! that just blows my mind. No required intent, or even reckless disregard.
I'm surprised such a law has not been stricken down as unconstitutional. That wouldn't even fly in the Communist Republic of Illinois.0 -
In most states paying far below market value for an item is considered evidence the buyer knew or should have known the item was stolen.
Someone willing to take only $500 for a Stag should raise red flags with anyone knowledgeable of it's market value, especially if a pattern of such purchases can be shown.
The fact that they're poring through this shop's records is an indicator this junkie may be giving up info on other occasions where he or others unloaded stolen guns through this shop.
Remember you're just reading a media account, not the investigative case file.0 -
quote:Originally posted by Txs
In most states paying far below market value for an item is considered evidence the buyer knew or should have known the item was stolen.
Someone willing to take only $500 for a Stag should raise red flags with anyone knowledgeable of it's market value, especially if a pattern of such purchases can be shown.
The fact that they're poring through this shop's records is an indicator this junkie may be giving up info on other occasions where he or others unloaded stolen guns through this shop.
Remember you're just reading a media account, not the investigative case file.
Txs, I agree we don't have all the info, but it's fairly common for a person to inherit guns and have no knowledge of their true worth. We see questions on GB all the time of inherited guns and the new owners are clueless. I have made several killer deals just paying what the person asked for. Subsequent running of the numbers has always come back clean. If the owner in question did in fact run the numbers, I fail to see how he could be accused of any crime. The fact the C&P did not have him charged lends credence to that assumption.0 -
I'm sying a purchase way below market value is evidence of knowledge something is stolen, not definitive proof. In other words, it's just one element of a case and needs to be backed up with further information.
Those perfectly innocent great deals happen every now and then, but without all the info I'm not going to take a stand against them just taking a look at their books. Like I said, it sounds as if we're not hearing everything they have.
I'm against overly intrusive gov't agencies, but I'm also against those who choose to turn a blind eye to the obvious and purchase stolen guns.0 -
The guy that stole the Stag arms AR-15 happened sold it to the gun shop back on Nov. 9. 2007.
The way I took it from the locals. The guys from the shop got busted today.
The local pawn shops is the first place that the cops show up when a firearm is reported stolen. If they find the stolen firearm at a pawn shop. Believe me a full blown investigation by both state and the FEDs will be conducted of the shop. And have mercy on them should a "few" stolen be found.
Someone said..
"That's a load of crap, how can you be held accountable if you didn't know you received stolen property...
Under WV Codes
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
?61-3-18. Receiving or transferring stolen goods.
If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted although the principal offender be not convicted.
Now the kicker that gets your asz burnt with this code.
Prove to law enforcement that YOU HAD NO CLUE THE PROPERTY WAS STOLEN WHEN YOU BOUGHT IT..
That can be a tough thing to do. Especially in a small community where the LEO know 99% of the population and their character. In other words they know who is shady and who is not.0 -
quote:Originally posted by LesWVa
Under WV Codes
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
?61-3-18. Receiving or transferring stolen goods.
If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted although the principal offender be not convicted.
big difference between that and "known or unknown as stolen" as was perviously stated0 -
quote:Originally posted by LesWVa
The guy that stole the Stag arms AR-15 happened sold it to the gun shop back on Nov. 9. 2007.
The way I took it from the locals. The guys from the shop got busted today.
The local pawn shops is the first place that the cops show up when a firearm is reported stolen. If they find the stolen firearm at a pawn shop. Believe me a full blown investigation by both state and the FEDs will be conducted of the shop. And have mercy on them should a "few" stolen be found.
Someone said..
"That's a load of crap, how can you be held accountable if you didn't know you received stolen property...
Under WV Codes
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
?61-3-18. Receiving or transferring stolen goods.
If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted although the principal offender be not convicted.
Now the kicker that gets your asz burnt with this code.
Prove to law enforcement that YOU HAD NO CLUE THE PROPERTY WAS STOLEN WHEN YOU BOUGHT IT..
That can be a tough thing to do. Especially in a small community where the LEO know 99% of the population and their character. In other words they know who is shady and who is not.
It is not the citizens responsibility to prove the negative. It is required by law that the prosecutor PROVE you broke the law you have been charged with breaking.0 -
quote:Originally posted by LesWVa
Prove to law enforcement that YOU HAD NO CLUE THE PROPERTY WAS STOLEN WHEN YOU BOUGHT IT.You're looking at it backwards. The burden of proof is on the prosecution.0 -
quote:In most states paying far below market value for an item is considered evidence the buyer knew or should have known the item was stolen.
I've witnessed a few deals at local gun shops and even tried to sell a couple guns myself.
NEVER have I been offered even 50% of resale or seen anyone recieve 50% of retail for a used gun at a gun shop or pawn shop.0 -
quote:
That can be a tough thing to do. Especially in a small community where the LEO know 99% of the population and their character. In other words they know who is shady and who is not.
In that area.
Especially if it was sold by Mamie W. (or one of her sisters). [}:)][:D][:D]
Allen0 -
obviously there is updated info not in the newstory??? but what exactly is it?
"Latest word is the FEDs found enough to bust the shop owners early before they even really got started with checking the shops full inventory.."0
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