SalemNews.com, Salem, MA

Local News

March 17, 2010

Most charges dropped in Manchester gun case

Judge refuses to grant bail, says Girard still a danger to community

MANCHESTER — Prosecutors have dropped a majority of the charges against a Manchester-by-the-Sea man accused by his estranged wife and police of preparing for martial law with an arsenal of weapons in their Bridge Street condo last month.

Gregory Girard's Feb. 9 arrest was heavily publicized, after police pulled a collection of 11 rifles and two handguns, along with thousands of rounds of ammunition, from his home, as well as other weapons and military-style gear.

Girard held a class A firearms license and all of the guns were legally registered. Girard was charged, however, with illegally possessing so-called "infernal machines," five items originally described as "grenades."

Those devices turned out to be legal smoke and tear gas grenades and are not covered under the legal definition of infernal machines.

Additionally, four counts of carrying a dangerous weapon — police batons and double-edged knives found in the condo and on Girard's boat — were dropped because at the time the charges were filed, Girard was not actually carrying the weapons, which are not illegal to own and keep in a home.

The remaining charges are discharging a firearm within 500 feet of a dwelling and two counts of illegal possession of silencers.

Girard's attorney, Rebecca Whitehill, argued yesterday that the law allows a homeowner to fire a weapon inside of his own home, and that the devices seized by police on Girard's boat are not silencers but flash suppressors that Girard wanted to use on his boat so he did not violate the law against sending up a flare that could be mistaken for a distress signal.

A state police lab is in the process of testing the suspected silencers.

Prosecutors also intend to keep the case in Salem District Court, which precludes any potential for state prison time on the remaining counts.

Whitehill tried yesterday to convince Judge Richard Mori to reconsider his decision to hold Girard without bail in light of the reduction in charges.

Prosecutor Michelle DeCourcey opposed the request, saying that the facts of the case have not changed, only the charges.

Mori agreed, denying Whitehill's request.

"I still consider Mr. Girard to be a danger to the community," Mori said.

Girard is due back in court on April 1.

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