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delta53
January 18, 2008, 12:30 PM
http://www.nj.com/centraljersey/index.ssf/2008/01/east_windsor_man_facing_felony.html

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41magsnub
January 18, 2008, 12:32 PM
sigh..

here is the text:

East Windsor man facing felony for holding daughter's friend at gunpoint
by Kevin Shea/The Times
Wednesday January 16, 2008, 6:57 PM

EAST WINDSOR -- A township man is facing a felony firearms charge for allegedly holding a male friend of his daughter's at gunpoint after finding the teenager hiding in a closet in his Richardson Lane home, police said.

Glenn S. Johnson, 42, called police to his own home at about 3:30 p.m. Monday and told a dispatcher that he had found an intruder in his home after getting home from work and was holding the subject at gunpoint, officials said Wednesday.

But when police officers arrived and sorted out the situation, Johnston allegedly aknowledge that the male teen, 16, was inside his house visiting his daughter, and that the daughter, also 16, had invited him into the home, police and the Mercer County Prosecutor's Office said Wednesday.

Johnston had also verbally threatened the male while he was inside the closet, officials alleged.

And, Johnston's gun was actually a pellet gun replica of a .44 Magnum that was not loaded at the time, police said.

Johnston and the male were detained and borough to the police department Monday evening for questioning, but released later that night.

On Tuesday, the prosecutor's office reviewed the incident and authorized charging Johnston with aggravated assault with a firearm. Police charged Johnston with the offense Tuesday afternoon at police headquarters and released him on his own recognizance.

Police Chief Bill Spain and the prosecutor's office said they could not say much more about the incident, since juveniles were involved.

Assistant Mercer County Prosecutor Angelo Onofri said, "This office reviewed the facts of the case and we felt there was probable cause to charge Mr. Johnston."

Nobody was physically injured during the confrontation, officials said.

Johnston and his wife Jill Johnston have been active with drug and alcohol issues affecting Hightstown and East Windsor area youth since their son, Brian Landry, died of a heroin overdose in August 2006.

The couple has hosted alcohol and drug free youth nights, created a youth advisory committee of local teens to advise them and collaborate on ideas and have started the Brian Foundation in their son's name to further their cause.

They could not be reached for comment Wednesday.

Contact Kevin Shea

strat81
January 18, 2008, 12:36 PM
I could understand menacing, assault, terroristic threats, or something similar. But how does one commit aggravated assault with a firearm when the gun was actually a pellet gun replica of a .44 Magnum that was not loaded .

The homeowner does have some fault here, but not aggravated assault with a firearm, IMHO.

General Geoff
January 18, 2008, 12:39 PM
Can't say what I'd do in the situation if I were in his position, but I can't say that it was the wisest thing to do.


Regardless of who invited the guy into the house, he shouldn't be held at gunpoint afterwards. I'd have just told him to get the hell out.

delta53
January 18, 2008, 12:40 PM
all the same laws apply to BB handguns as do to real handgun, even to purchase here

junyo
January 18, 2008, 12:54 PM
If he called the police to his own home, released the boy to the police, and no one was hurt, or for that matter touched, where exactly is the assault? If I found someone in my 16 yo daughters closet they'd be lucky to be held at "darn sure wouldn't be pellet" gun point. Fine, I find out while the police are on their way that she invited him in, that's another issue, but he's not leaving until the police show up, if for no other reason than to show I didn't make a crank call.

mekender
January 18, 2008, 02:53 PM
almost every state calls assault with a firearm in cases where the victim has a reasonable belief that the person holding the weapon is holding a real weapon and that he is capable of using it

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