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Court: Invalid Warrants Used To Arrest Gun Collector
Judge Issues Warrants After Alleged Threat
POSTED: 11:42 a.m. EST April 3, 2003
UPDATED: 11:52 a.m. EST April 3, 2003
HARTFORD, Conn. -- The state Appellate Court has ruled invalid the warrants used to arrest a Farmington gun collector and seize his legally registered weapons in 1999.
The ruling in favor of Thomas Walczyk was unanimous. It also reverses $200 in fines and his conviction on two counts of improper storage of a firearm.
"We conclude this is one of the rare cases in which the magistrate acted improperly" to sign the warrants, retired Supreme Court Chief Justice Ellen Peters wrote.
Walczyk was arrested Sept. 4, 1999, after a border dispute with another property owner.
He had reported that a locked gate on his property had been knocked down and that a logging skidder was parked on his property. But he could not prove the property was his, and the police said they could not take action, according to court files.
At the time, Walczyk told police they "weren't taking the necessary action to avoid a bloodbath." Police relayed the comment to the abutting landowner, and the landowner expressed concern.
As Walczyk was arrested, police executed search warrants on his home and the home of his parents. The search warrant identified specific guns, known to police because they were legally registered.
The warrant also contained references for misconduct that dated back 11 years, but did not result in convictions. It also construed the "bloodbath" statement as a threat.
The court said that police had not determined that Walczyk had actually threatened a bloodbath. It also called into question many problems with the warrant.
"It does not distinguish between recent incidents and those that have become stale by the passage of time. It does not represent that the defendant's possession of firearms is illegal," Peters wrote.
Walczyk has a pending civil rights complaint against the Farmington Police in federal court. His lawyer, Jon Schoenhorn, said the ruling will bolster the case.
"He wasn't jailed for this, but spent probably $40,000 to $50,000 in legal fees," said Schoenhorn, who added that Walczyk faced the possibility of years in prison.
Police ultimately seized more than 70 guns from Walczyk, most of them valuable antiques. The guns have yet to be returned.
"I certainly think everything had been done properly," Farmington Police Chief Michael Whalen said.
http://www.nbc30.com/news/2087980/detail.html
Judge Issues Warrants After Alleged Threat
POSTED: 11:42 a.m. EST April 3, 2003
UPDATED: 11:52 a.m. EST April 3, 2003
HARTFORD, Conn. -- The state Appellate Court has ruled invalid the warrants used to arrest a Farmington gun collector and seize his legally registered weapons in 1999.
The ruling in favor of Thomas Walczyk was unanimous. It also reverses $200 in fines and his conviction on two counts of improper storage of a firearm.
"We conclude this is one of the rare cases in which the magistrate acted improperly" to sign the warrants, retired Supreme Court Chief Justice Ellen Peters wrote.
Walczyk was arrested Sept. 4, 1999, after a border dispute with another property owner.
He had reported that a locked gate on his property had been knocked down and that a logging skidder was parked on his property. But he could not prove the property was his, and the police said they could not take action, according to court files.
At the time, Walczyk told police they "weren't taking the necessary action to avoid a bloodbath." Police relayed the comment to the abutting landowner, and the landowner expressed concern.
As Walczyk was arrested, police executed search warrants on his home and the home of his parents. The search warrant identified specific guns, known to police because they were legally registered.
The warrant also contained references for misconduct that dated back 11 years, but did not result in convictions. It also construed the "bloodbath" statement as a threat.
The court said that police had not determined that Walczyk had actually threatened a bloodbath. It also called into question many problems with the warrant.
"It does not distinguish between recent incidents and those that have become stale by the passage of time. It does not represent that the defendant's possession of firearms is illegal," Peters wrote.
Walczyk has a pending civil rights complaint against the Farmington Police in federal court. His lawyer, Jon Schoenhorn, said the ruling will bolster the case.
"He wasn't jailed for this, but spent probably $40,000 to $50,000 in legal fees," said Schoenhorn, who added that Walczyk faced the possibility of years in prison.
Police ultimately seized more than 70 guns from Walczyk, most of them valuable antiques. The guns have yet to be returned.
"I certainly think everything had been done properly," Farmington Police Chief Michael Whalen said.
http://www.nbc30.com/news/2087980/detail.html
