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Machine gun charge in Illinois is challenged
By Michael Shaw
ST. LOUIS POST-DISPATCH
Wednesday, Feb. 08 2006
FAIRVIEW HEIGHTS
The attorney for a decorated Illinois State Police sergeant charged with
illegally possessing a machine gun said Wednesday that he is mystified by the
charge against his client.
Tom Keefe, the attorney for Sgt. James Vest, 39, of O'Fallon, said the M4
submachine gun in question was registered to the state police and used by Vest
to train other officers.
In addition, the regulations state that for an off-duty officer, "any
authorized firearms will be stored in the trunk or the glove compartment of the
assigned department vehicle or in the officer's residence," according to Keefe.
"These facts are critical," said Keefe, who is representing Vest along with
renowned Belleville lawyers Bruce Cook and Clyde Kuehn. "That rifle was owned
by state police. (Vest) is a heavily decorated 18-year veteran. He has
commendations coming out of his ears."
The debate has gone public, with 10 Metro East police chiefs issuing a letter
Tuesday recommending leniency for Vest and two other police officers accused in
the case. The chiefs' letter prompted a response from Ed McNally, the U.S.
attorney prosecuting them. McNally's statement says he respects their views,
but noted that "several of these chiefs have had to personally make the
difficult decision to investigate criminal cases in which their own officers
were charged."
The fact that the U.S. attorney has spoken out about a pending case is unusual.
And it prompted Keefe to speak out Wednesday.
"Ordinarily I wouldn't say anything," said Keefe, adding that the door was
opened with the U.S. attorney's comments.
Under federal rules, anyone who can pass a background check, pay $200 and file
the proper forms can legally purchase one or convert one to automatic fire.
Even a ban on "military style" assault weapons lapsed in 2004.
So it's no surprise that some are puzzled by the charges - and the possibility
of prison time - for three Illinois State Police troopers accused in federal
court of illegally possessing machine guns. Since police officers should easily
pass background checks, the crime looks like a mere oversight.
"If that's what happened, it's a lapse in judgment," said John Shanks, director
of law enforcement relations for the Brady Campaign to Prevent Gun Violence, of
the registration process.
Keefe's statements, however, appear to be at odds with court documents
indicating that Vest said he bought his M-4/M-16 in 1998 in California.
Both a machine gun and a submachine gun fire a steady stream of bullets with
the trigger depressed. A machine gun is heavier, sits on a mount or tripod and
is often belt fed. A submachine gun is smaller and often fires pistol
ammunition.
The defense lawyers representing the two other officers, Special Agent John
Yard, 36, of Collinsville, Senior Master Trooper Greg Mugge, 51, of
Jerseyville, as well as Dr. Harold Griffiths, 69, of Spaulding, Ill., did not
comment Wednesday. Griffiths allegedly lent one of the weapons to a trooper who
said he test-fired it and gave it back.
Yard was arraigned Wednesday in federal court, where he and the others have
pleaded innocent of the charges. Yard is accused of borrowing a weapon, rather
than owning one.
Although they were indicted by a grand jury on the same day last month, the
three cases appear to be unrelated.
The charges carry maximum 10-year prison terms.
http://www.stltoday.com/stltoday/news/stories.nsf/illinoisstatenews/story/21A115E7CF1C712B862571100019A71D?OpenDocument
By Michael Shaw
ST. LOUIS POST-DISPATCH
Wednesday, Feb. 08 2006
FAIRVIEW HEIGHTS
The attorney for a decorated Illinois State Police sergeant charged with
illegally possessing a machine gun said Wednesday that he is mystified by the
charge against his client.
Tom Keefe, the attorney for Sgt. James Vest, 39, of O'Fallon, said the M4
submachine gun in question was registered to the state police and used by Vest
to train other officers.
In addition, the regulations state that for an off-duty officer, "any
authorized firearms will be stored in the trunk or the glove compartment of the
assigned department vehicle or in the officer's residence," according to Keefe.
"These facts are critical," said Keefe, who is representing Vest along with
renowned Belleville lawyers Bruce Cook and Clyde Kuehn. "That rifle was owned
by state police. (Vest) is a heavily decorated 18-year veteran. He has
commendations coming out of his ears."
The debate has gone public, with 10 Metro East police chiefs issuing a letter
Tuesday recommending leniency for Vest and two other police officers accused in
the case. The chiefs' letter prompted a response from Ed McNally, the U.S.
attorney prosecuting them. McNally's statement says he respects their views,
but noted that "several of these chiefs have had to personally make the
difficult decision to investigate criminal cases in which their own officers
were charged."
The fact that the U.S. attorney has spoken out about a pending case is unusual.
And it prompted Keefe to speak out Wednesday.
"Ordinarily I wouldn't say anything," said Keefe, adding that the door was
opened with the U.S. attorney's comments.
Under federal rules, anyone who can pass a background check, pay $200 and file
the proper forms can legally purchase one or convert one to automatic fire.
Even a ban on "military style" assault weapons lapsed in 2004.
So it's no surprise that some are puzzled by the charges - and the possibility
of prison time - for three Illinois State Police troopers accused in federal
court of illegally possessing machine guns. Since police officers should easily
pass background checks, the crime looks like a mere oversight.
"If that's what happened, it's a lapse in judgment," said John Shanks, director
of law enforcement relations for the Brady Campaign to Prevent Gun Violence, of
the registration process.
Keefe's statements, however, appear to be at odds with court documents
indicating that Vest said he bought his M-4/M-16 in 1998 in California.
Both a machine gun and a submachine gun fire a steady stream of bullets with
the trigger depressed. A machine gun is heavier, sits on a mount or tripod and
is often belt fed. A submachine gun is smaller and often fires pistol
ammunition.
The defense lawyers representing the two other officers, Special Agent John
Yard, 36, of Collinsville, Senior Master Trooper Greg Mugge, 51, of
Jerseyville, as well as Dr. Harold Griffiths, 69, of Spaulding, Ill., did not
comment Wednesday. Griffiths allegedly lent one of the weapons to a trooper who
said he test-fired it and gave it back.
Yard was arraigned Wednesday in federal court, where he and the others have
pleaded innocent of the charges. Yard is accused of borrowing a weapon, rather
than owning one.
Although they were indicted by a grand jury on the same day last month, the
three cases appear to be unrelated.
The charges carry maximum 10-year prison terms.
http://www.stltoday.com/stltoday/news/stories.nsf/illinoisstatenews/story/21A115E7CF1C712B862571100019A71D?OpenDocument
