http://www.oceanaheraldjournal.com/news/37586-guardsman-claims-he-was-illegally-detainedBy John Cavanagh
Herald-Journal Writer
NEW ERA — A National Guardsman claims he was illegally detained Monday for openly carrying a handgun to the New Era Memorial Day festivities.
David Thomas, 18, of Shelby, said he was sitting on a bench waiting for the parade when he was approached by a couple of Oceana County Sheriff’s Department deputies. He said the sheriff’s deputies were friendly, but expressed to him that some people had concerns about him openly carrying the gun, and asked that he put it in his car.
Dressed in jeans and a T-shirt, Thomas said he told police he had the right under state law to carry the gun and wanted to keep it. He was later approached by New Era Police Chief Roy Strait, who also is a full-time sheriff’s department deputy. Thomas said Strait was very unprofessional, began yelling and pointed a finger in his face.
“I asked what crime I committed and was given no answer, and I asked why I was being detained and was given no answer,” Thomas said.
Thomas also claims Strait told him, “I will not allow you to openly carry in my town.”
Thomas said Strait next grabbed him by the arm and placed him in the front seat of the New Era Police cruiser, removed the weapon from his hip and detained him for the duration of the parade.
“I would say probably half the people there probably didn’t know I was carrying,” Thomas said.
Sheriff’s department Lt. Craig Mast was aware of the incident. He said Thomas was asked to sit in the car while Strait checked the specifics on the open carry law.
“We’re always very careful about it,” Mast said, adding Assistant Prosecutor Joe Bizon was satisfied with the way the situation was handled. Mast also said police always have to error on the side of caution, and they need to check to make sure people openly carrying firearms are not convicted felons or intoxicated.
“That’s a shame,” Mast said of Thomas missing the parade. “It’s very likely that happened through the course of investigation.”
Strait said he received a call from a reserve officer about an individual with a gun on the street. He said Thomas was asked to put the gun in the trunk of his car and refused, claiming he had a constitutional right to carry the weapon. Not knowing who Thomas was, Strait said he placed Thomas in the police cruiser while he checked the situation.
“The weapon was legal and registered to him,” Strait said.
Strait denied he ever yelled at Thomas, and the gun was returned.
http://www.oceanaheraldjournal.com/news/37586-guardsman-claims-he-was-illegally-detained
