http://www.da5.us/2014/04/lake-count...ndled-evidence
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Originally Posted by From the link
Written by da5_team on April 28, 2014
LEADVILLE, COLORADO: Former Lake County Sheriff’s Office Deputy William Berry and Sheriff’s Sergeant Jeffrey Hartman will be charged following an investigation into firearms that were mishandled after their confiscation from a defendant. Berry, who was first implicated by the investigation, will likely be charged with unlawful purchase of firearms, theft, and embezzlement of public property, all felonies, as well as unauthorized transfer of a firearm and first degree official misconduct, both misdemeanors. Hartman, who is a suspected accomplice, will likely be charged with theft, complicity with embezzlement of public property, and first degree official misconduct.
Warrants for Berry and Hartman’s arrest were sought by a District Attorney’s Office investigator, who initiated an inquiry on request from District Attorney Bruce Brown. Brown was contacted by Lake County Undersheriff Fernando Mendoza regarding the potential theft of firearms from the county’s store of case evidence.
Mendoza suspected criminal activity after receiving an email from a federal agent (not involved in the investigation) inquiring as to why he had not received a firearm he purchased from Berry for approximately $2,300.00 back in February. The agent stated that Berry, who had used his Lake County Sheriff email address for the transaction, had claimed the firearm, a government model 38 caliber super colt semi-automatic handgun, was confiscated from a defendant who was in the country illegally. Mendoza, who had no knowledge that a sale of a firearm had taken place, turned the case over to the District Attorney.
The investigation, initiated on April 8, 2014, revealed that the handgun in question, along with three other firearms, was signed out to the victim of a domestic violence case on January 17, 2014. Upon an interview with the victim, it was discovered that despite the fact that her signature appeared on the Release of Evidence form, she did not obtain the firearms from the office, and had never even seen the form.
The woman stated that she was approached by Berry about selling the weapons to him for $500.00 a few days prior to their removal from evidence. As she did not want the weapons, previously owned by her partner who has since been deported, the woman agreed, though she had some doubts about the legality of their transaction. While she stated she did sign a receipt produced by Berry, the paper only listed the sale of one gun, and it was not on letterhead. The receipt could not be located by investigators.
Statements by another witness implicated Sergeant Hartman along with Berry, as it is alleged that Hartman, as one of only two evidence custodians with the Sheriff’s Office, assisted Berry in signing the firearms out of evidence without the presence of the owner. It is further alleged that Hartman received one of the guns, an SKS rifle, as a “thank you” for his assistance.
Commenting on the warrants signed for Berry and Hartman, District Attorney Bruce Brown stated, “It is certainly disconcerting when cases of this matter come up, as we rely on our police officers to uphold the law and protect our communities from those who would participate in dishonest or dangerous activity. It is for this reason, though, that we hold law enforcement officers to an even higher standard, and when they fail to meet that standard, there needs to be consequences.”
The weapons in question, which along with the handgun included two Norinco SKS semi-automatic rifles and a Marlin .22 rifle, have been recovered by the Sheriff’s Office with the help of Berry’s most recent employer, the Teller County Sheriff’s Office.
A court date is set for advisement on June 17, 2014 at 8:30AM.
All charges contained in this release are merely accusations. The defendants are presumed innocent until and unless proven guilty.
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