SalemNews.com, Salem, MA
Mobile Beta
News
Limit on sheriff's authority could jeopardize gun case
Published: February 27, 2007
PEABODY - Essex County Deputy Sheriff Gil Medeiros was out serving court papers in November when he spotted a man dressed in camouflage and carrying what looked like a gun in a case near Margin Street.
Medeiros called Peabody police, then began to follow the man, who had just gotten into a car. When the man noticed Medeiros, he sped up.
Medeiros pulled him over and had a brief exchange with the driver, who said someone had just tried to kill him with the item in the bag. Then he got out of the car and ran away, leaving the vehicle in the middle of the road.
What was in the bag turned out to be a semiautomatic rifle. And police believe the driver was a career criminal named Pablo Colon, a 27-year-old Lynn man who, because of his record, would be facing a mandatory prison term of at least 15 years.
But the case against Colon could end up being tossed out because deputy sheriffs in Massachusetts have no authority to make traffic stops. They do have arrest powers in civil matters but cannot initiate arrests based on suspected criminal activity.
In addition, the identification of Colon as the suspect in the case is based on a single photo shown to the deputy after the suspect had fled.
Because of those weaknesses in the case, Salem Superior Court Judge David Lowy agreed yesterday to reduce Colon's bail from the $20,000 set by a judge shortly after his arrest in November to $5,000 on the condition that if Colon makes bail, he must wear an electronic monitoring bracelet.
Colon was indicted earlier this month on charges of illegal possession of a large capacity firearm, being a convicted felon in possession of a firearm and illegal possession of ammunition.
Defense lawyer Denise Regan said Colon "has every reason" to appear to face the charges since the initial stop may have been illegal and the identification procedure used by Peabody police was flawed.
Regan also argued that Medeiros saw only a long, black case and not the actual gun, raising a question of whether there was legal justification to make a stop - even if the deputy had the authority to do so.
Prosecutor Michael Sheehan, while acknowledging there are some legal issues to be addressed, said Colon's criminal record - which includes convictions for cocaine and marijuana distribution, assault and battery, and escape - and the potential 15-year sentence he is facing, warrant a high bail. He urged Lowy to keep the same $20,000 bail.
Medeiros called Peabody police, then began to follow the man, who had just gotten into a car. When the man noticed Medeiros, he sped up.
Medeiros pulled him over and had a brief exchange with the driver, who said someone had just tried to kill him with the item in the bag. Then he got out of the car and ran away, leaving the vehicle in the middle of the road.
What was in the bag turned out to be a semiautomatic rifle. And police believe the driver was a career criminal named Pablo Colon, a 27-year-old Lynn man who, because of his record, would be facing a mandatory prison term of at least 15 years.
But the case against Colon could end up being tossed out because deputy sheriffs in Massachusetts have no authority to make traffic stops. They do have arrest powers in civil matters but cannot initiate arrests based on suspected criminal activity.
In addition, the identification of Colon as the suspect in the case is based on a single photo shown to the deputy after the suspect had fled.
Because of those weaknesses in the case, Salem Superior Court Judge David Lowy agreed yesterday to reduce Colon's bail from the $20,000 set by a judge shortly after his arrest in November to $5,000 on the condition that if Colon makes bail, he must wear an electronic monitoring bracelet.
Colon was indicted earlier this month on charges of illegal possession of a large capacity firearm, being a convicted felon in possession of a firearm and illegal possession of ammunition.
Defense lawyer Denise Regan said Colon "has every reason" to appear to face the charges since the initial stop may have been illegal and the identification procedure used by Peabody police was flawed.
Regan also argued that Medeiros saw only a long, black case and not the actual gun, raising a question of whether there was legal justification to make a stop - even if the deputy had the authority to do so.
Prosecutor Michael Sheehan, while acknowledging there are some legal issues to be addressed, said Colon's criminal record - which includes convictions for cocaine and marijuana distribution, assault and battery, and escape - and the potential 15-year sentence he is facing, warrant a high bail. He urged Lowy to keep the same $20,000 bail.
Colon was identified after police towed the abandoned car and learned that it was registered to a Lynn woman who said her boyfriend, Colon, had been using the vehicle. Peabody police found the gun in the car during what is known as an "inventory search," a permissible search of a vehicle when it is being towed, to document items inside in case something is later reported missing.
Police printed a copy of Colon's driver's license history, which included a picture, and showed it to Medeiros, who said the photo looked like the man he stopped.
Colon was arrested the following day in Lynn. He has been in jail since then.
Lowy scheduled a status hearing in the case for tomorrow, when he will hear from a probation officer concerning potential conditions for Colon's release.
