Fire Captain: Drinky-poo, and Concealed Carry.......

[SemperFiGuy]

Not a Good Mixture.................

http://www.omaha.com/article/20131026/NEWS/131028925/1685

Probably "Bye-Bye" on this CHP.

Rules say, "Don't do it."   So---Don't Do It.

Interesting that the Fire Captain got NO SLACK from the LEO.
Guess the LEOs house had better not catch on fire any time soon.

sfg

[gsd]

I wouldn't expect the LEO to cut him any slack. If anything, I would expect to be held to a higher level of responsibility due to the certifications I held, my position in the community, and the image I was expected to portray to the public.

As a former FireFighter and EMT, I hope they nail his ass to the wall. No excuse for that at all.

[Randy]

Had this occurred in Omaha we would not be reading about this.

Just saying.

[greg58]

I wouldn't expect the LEO to cut him any slack. If anything, I would expect to be held to a higher level of responsibility due to the certifications I held, my position in the community, and the image I was expected to portray to the public.

As a former FireFighter and EMT, I hope they nail his ass to the wall. No excuse for that at all.

I couldn't agree more, as a public employee he should know the law and expect that he should keep his nose clean.
Greg58

[sjwsti]

Had this occurred in Omaha we would not be reading about this.

Just saying.

I wouldn't bet on it. Not many LEOs that would be willing to put their job on the line to cover up someone else`s screw up. And risking their job is exactly what they would be doing, especially with the new Chief. Between cruiser and Officer mounted cameras the days of sweeping this type of thing under the rug are, and should be, pretty much over.

- Shawn

[RedDot]

It'll be interesting to see what the Firefighters Union has to say on this.  After all, it was just a little alcohol, a little weed, and a gun.  It's not like he was getting a "massage"    Doesn't Sarpy Co. offer a diversion program to wipe it all off the record after completion? 

[greg58]

I belive Sarpy Co. does have a diversion program for DUI first offense, but I doubt the State Patrol will have any mercy concerning his CHP.
Why did it take 2 months for this story to hit the paper?

Greg58

[abbafandr]

I belive Sarpy Co. does have a diversion program for DUI first offense, but I doubt the State Patrol will have any mercy concerning his CHP.
Why did it take 2 months for this story to hit the paper?

Greg58

I don't know why it took so long to break.  I don't believe he is being charged with a felony, which automatically kisses the CHP bye bye IIRC.  Just some misdemeanors for now.

[SemperFiGuy]

These Admin Rules Apply in This Case:/b]

005.01
Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction in the ten (10) years preceding the date of application;

[All NE State Patrol Administrative Requirements are Continuing Requirements]

012.01
Any peace officer having probable cause to believe that a permit holder is no longer in compliance with any of the requirements for a permit found in Section 005 of these regulations shall bring an application for revocation of the permit to the County Attorney in the county in which the permit holder resides,

019.02
A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel must immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so.

019.04
A permit holder shall not carry a concealed handgun while consuming alcohol or while there is any previously consumed alcohol or controlled substance as defined in Nebraska Revised Statutes § 28-401 of the statutes in his or her blood, urine, or breath unless the controlled substance was lawfully obtained and taken in therapeutically prescribed amounts.

019.05
A permit holder must continue to meet all of these requirements for issuance of a permit during the time he or she holds a permit. A permit holder no longer meeting the requirements for a permit is required to return the permit to the Nebraska State Patrol for cancellation.


sfg

[Husker_Fan]

A felony makes you a prohibited person. A weapons of drug offense (even a misdemeanor) disqualifies you from a CHP, at least for a time.

If this had happened in Omaha, you would have heard about it the next day.

[FarmerRick]

http://m.omaha.com/article.html#!/104109/58c14f1618283a8d0678a7095c4ac10d

Omaha fire captain pleads guilty to speeding, weapon charges; 3 more dropped

An Omaha fire captain pleaded guilty to a misdemeanor and an infraction in Sarpy County Court on Thursday.

Frank Guido, 41, of Bellevue pleaded guilty to speeding and failing to notify the sheriff's deputy that he had a concealed weapon in his car.
Prosecutors dropped three other charges: marijuana possession, driving with an open container of alcohol and violating restrictions on a concealed carry permit.

Guido faces up to 90 days in jail and a $575 fine plus court costs. His concealed carry permit could be revoked.

 ~ see more at link ~

[NENick]

WTF!? I'm so tired of government employees having Charges dropped. We need to have a "higher standard" law that states - if your a government employee, no charges can be dropped. No favors, ever. I'd be sitting in jail for DUI with the book thrown at me. Grrrr

[RLMoeller]

It's not just govt employees this happens with Nick.   That is how the system works.  Plead guilty to something in exchange for other stuff getting dropped.  It's because the prosecutors office doesn't want to actually go to trial so they are happy to do this.

[greg58]

Rod is right, the prosecutors offices are understaffed, and they try to avoid trial by making plea agreements.
That is why Police will file as many charges as they can because they know this.

Greg58

[RedDot]

Did anyone seriously expect that something would come of this?...After all, firemen are all "heroes" right? Only one lesson comes out of any of this, don't look for justice where only process exists.

[sjwsti]

Did anyone seriously expect that something would come of this?...After all, firemen are all "heroes" right? Only one lesson comes out of any of this, don't look for justice where only process exists.

Got a problem with firefighters eh? Im guessing you either lost a girlfriend to one or couldnt get hired?  just kidding.

All you have to do is check the Omaha Police Officers Association Facebook page to see how often even violent repeat offenders get plea deals. So try again.

Later, I got "hero" work to do.

- Shawn

[Husker_Fan]

I'm an attorney, and while I don't practice criminal law, I have friends in both prosecutor and public defender offices. This is about what you would expect for a first offense with no prior convictions.

[SemperFiGuy]

It would be interesting to know if his NE CHP gets yanked or not.

Also, quite odd that some states have "Must Notify" (as does Nebraska) and some do not (as Iowa).   Seems important to let the LEO know and not run into a Surprise!!! handgun later in the contact.

sfg

[GreyGeek]

Did anyone seriously expect that something would come of this?...After all, firemen are all "heroes" right? Only one lesson comes out of any of this, don't look for justice where only process exists.

That's because "Mens Rea" (latin - guilty mind) no longer applies to law.  http://lawcomic.net/guide/?p=173

Our  politicians have crimilized just about every behavior by writing such loose laws that prosecutors have carte blanc in how they can interpret them.   The result is that even when one does not willfully, or even accidently "violate" a law, in the absence of proof of a guilty mind that person can still be charged with  something.  The first wack on the head is usually a bogus "obstruction" charge.