Friday, July 25, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Fairfield wants to keep weapons taken from home

By
From page A1 | May 07, 2014 |

FAIRFIELD — A handgun and a pump-action shotgun taken by police after a report of domestic violence should remain with the city, an attorney for Fairfield said – while the man who had the weapons wants them transferred to a licensed gun dealer for storage.

Assistant City Attorney Toussaint Bailey said in a Solano County Superior Court filing that such a transfer would allow Thomas Downard, 63, to regain the firearms in about a year when a restraining order expires.

Moreover, the law that requires the city to confiscate the weapons prohibits the transfer, Bailey said. Fairfield does not object to Downard selling the weapons to the dealer – with Downard not having the right to posses the handgun and shotgun, the attorney said.

A Wednesday court hearing is set in the matter.

Attorney Barry Newman, representing Downard in the weapons matter, said in court papers that the city has the burden to establish that return of the weapons would endanger the 58-year-old family member listed in police reports as the victim in the Jan. 10 incident at Downard’s home on Hazelwood Court.

The firearms can’t endanger the 58-year-old because Downard wouldn’t possess them, Newman said. A licensed dealer from Sonoma County said in a declaration that, “Once I pick up the firearms Mr. Downard will have no access to them.”

The 58-year-old woman said Downard came home from work at about 6:30 p.m. and accused her of taking his guns, according to the police report filed in Solano County Superior Court. She told him she didn’t know where his guns were and Downard then allegedly picked up a broom, walked toward her and said, “I have to end this,” according to the report.

The woman ran out of an open garage door to a neighbor and called 911, the report said. She told police Downard had been taking prescribed morphine and that the medication may have caused him to act that way, according to the report. Downard had never so behaved before, she said.

A Fairfield police officer, told by the woman that Downard didn’t touch her with the broom, determined no crime had been committed. The woman said several firearms were in the house and police dispatch left four voice mail messages asking that Downard exit the house with nothing in his hands, but he did not respond, the police report said.

The officer drove the woman to a friend’s house in Suisun City and gave her his business card, told her about the domestic violence program available in Solano County and provided information about domestic violence.

At about 1:10 a.m. the next day, a resident of Hazelwood Court reported a man knocking on the door and police said Downard was lying down on the front porch. The 63-year-old’s speech was slurred and he smelled of alcohol, according to the police report. He was booked at Solano County Jail on suspicion of public drunkenness.

When the officer informed the 58-year-old woman of Downard’s arrest, she said Downard used the broom to push her toward the wall and allegedly told her, “It’s time for you to die” and allegedly threatened to kill her, according to the police report. Downard was arrested on suspicion of criminal threats and battery.

The woman later said she found the key to Downard’s gun safe and asked police to take the 12-gauge shotgun and ammunition inside. An emergency protective court order was issued for the woman.

Downard appeared Jan. 31 in court but the District Attorney’s Office filed a notice that it did not intend to prosecute the criminal case because of insufficient evidence.

The restraining order against Downard, which prohibits him from possessing weapons, ends at midnight March 5, 2015, according to court documents. The woman has moved out of the house and legal steps to end her and Downard’s relationship have begun, attorney Newman said in court papers.

The attorney said he expects the weapons matter to be resolved Wednesday with the court hearing and declined to comment further.

Reach Ryan McCarthy at 427-6935 or rmccarthy@dailyrepublic.net.

LEAVE A COMMENT

Discussion | 7 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • PornacMay 07, 2014 - 7:31 am

    This is just another way our government is taking our guns. He only has a broomstick now to defend himself from this woman and the government.

    Reply | Report abusive comment
  • BMay 07, 2014 - 7:51 am

    IF he is not allowed to own firearms how is this an issue whatsoever?

    Reply | Report abusive comment
  • BMay 07, 2014 - 7:52 am

    Nevermind. Didnt read that correctly. He should be allowed to have them held at a licensed dealer.

    Reply | Report abusive comment
  • Typical County WorkerMay 07, 2014 - 7:57 am

    So the real question is, how much money will the city make by holding the weapons vs. giving them to the dealer. I'm sure they charge a storage fee or somehow able to sell them later. I doubt this is all about public safety.

    Reply | Report abusive comment
  • DA Fails to File Charges in Another Domestic Violence CaseMay 07, 2014 - 10:34 am

    The focus in this domestic violence story on the batterer's right to his guns is ridiculous. Why wasn't this story about the victim or the fact that the DA failed to file charges against the DV batterer? Why wasn't the victim or the victim's attorney contacted for comment? Anyone who is so out of control that they hold a broom to someone's throat and tell them, "I have to end this", and who is found in a drunken and drug induced stupor unconscious on a neighbor's porch, should not be in possession of firearms. I can't believe this man is wasting our tax dollars arguing this issue. Until a CLETS restraining order expires domestic violence batterers lose their right to possess weapons. Period. I am a big supporter of the second amendment but I do not support people with mental health or substance abuse issues owning weapons. When you break the law and injure someone, you lose certain privileges, in this case the privilege of saying exactly where you want your guns secured. Just as inmates loose the right to say exactly where their personal possessions will be secured when they are booked into jail. This gun owner was a danger to himself but more importantly he was a danger to others as evidenced by Downard's abuse of his wife.

    Reply | Report abusive comment
  • meMay 07, 2014 - 3:51 pm

    wow.....hes crazy and a gun rights freak...gee thats a new one..lol

    Reply | Report abusive comment
  • Rich GiddensMay 07, 2014 - 8:02 pm

    I wonder how many factual errors are in this reporter's article. Probably lots----like Jess Sulivan's slanted and biased error filled articles.

    Reply | Report abusive comment
.

Solano News

Big Chuckllz, fellow comics want to keep Fairfield laughing

By Amy Maginnis-Honey | From Page: B1 | Gallery

 
Holly Stell ready for new adventure, plans Sunday concert

By Amy Maginnis-Honey | From Page: B1 | Gallery

Solano actors join forces for new single, ‘Groove Me’

By Amy Maginnis-Honey | From Page: B1 | Gallery

 
CSP Solano inmates make music for rehabilitation

By Krissi Khokhobashvili | From Page: A1 | Gallery

 
Memories vivid as Parents’ Day approaches

By Tony Wade | From Page: A2

 
Bay Stage filled with entertainment at Solano County Fair

By Amy Maginnis-Honey | From Page: B3

 
Organizers seek riders, volunteers for Ride to Defeat Diabetes

By Barry Eberling | From Page: A3 | Gallery

 
Friday concerts begin Aug. 1 at Solano Town Center

By Amy Maginnis-Honey | From Page: B3

 
Bay Area’s air district issues Spare the Air alert

By Barry Eberling | From Page: A4

 
Assembly candidate Henthorn to appear at GOP dinner

By Ryan McCarthy | From Page: A5

 
Fairfield police log: July 23, 2014

By Susan Hiland | From Page: A12

Daily Republic seeks good news for column

By Daily Republic staff | From Page: A12, 22 Comments

 
.

US / World

Execution offers evidence against lethal injection

By The Associated Press | From Page: A1

 
Judge argues for return of firing squad executions

By The Associated Press | From Page: A1, 1 Comment

California removes lane splitting guidelines

By The Associated Press | From Page: A1

 
Outcry saves rare redwood from being chopped down

By The Associated Press | From Page: A4

California wine collector set for sentencing on fraud charges

By The Associated Press | From Page: A5

 
Satellites show major groundwater loss from Colorado River

By The Associated Press | From Page: A5

 
Obama wants limits on US company mergers abroad

By The Associated Press | From Page: A5

Toxic algae closes Oakland’s Lake Temescal

By The Associated Press | From Page: A5

 
California man gets 4 years in counterfeit case

By The Associated Press | From Page: A5

SF professor charged with taping students in bathroom

By The Associated Press | From Page: A5

 
House panel clears way for vote on Obama lawsuit

By The Associated Press | From Page: A6

Feds cap fines for not buying health insurance

By The Associated Press | From Page: A6

 
House, Senate chairs offer competing bills on VA

By The Associated Press | From Page: A7

Doctor fired back at gunman in hospital attack

By The Associated Press | From Page: A7

 
Social Security’s $300M IT project doesn’t work

By The Associated Press | From Page: A7

More US girls now getting cervical cancer vaccine

By The Associated Press | From Page: A7

 
Storm slams Virginia campground; 2 dead

By The Associated Press | From Page: A7

Very bad week: Airline disasters come in a cluster

By The Associated Press | From Page: A10

 
Islamic militants seize part of Syrian army base

By The Associated Press | From Page: A10

Iraq elects new president as attacks kill dozens

By The Associated Press | From Page: A10

 
Ukrainian prime minister announces resignation

By The Associated Press | From Page: A10

UN school in Gaza caught in cross-fire; 15 killed

By The Associated Press | From Page: A10

 
Air Algerie jet with 116 on board crashes in Mali

By The Associated Press | From Page: A10

As inmate died, lawyers debated if he was in pain

By The Associated Press | From Page: A12

 
.

Opinion

Editorial Cartoons for July 25, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Call for tech diversity misplaced

By Bud Stevenson | From Page: A11

 
Is parenting being criminalized in America?

By Ben Boychuk and Joel Mathis | From Page: A11

Coyote epidemic in Fairfield

By Letter to the Editor | From Page: A11, 1 Comment

 
.

Living

Today in History for July 25, 2014

By The Associated Press | From Page: A2

 
Community Calendar: July 25, 2014

By Susan Hiland | From Page: A2

Horoscopes for July 25, 2014

By Holiday Mathis | From Page: A9

 
My siblings want friends to handle sale of our father’s house

By Kathy Mitchell and Marcy Sugar | From Page: A9

.

Entertainment

Week in preview July 25-31, 2014

By Amy Maginnis-Honey | From Page: B1

 
Review: Allen casts a limp spell in ‘Magic’

By Jake Coyle | From Page: B2

Review: ‘Lucy’ won’t stretch your brain capacity

By The Associated Press | From Page: B2

 
Robert Downey Jr. open to returning for ‘Iron Man 4’

By The Associated Press | From Page: B2

 
Will Ferrell and Adam McKay to go wild with ‘Manimal’ movie

By Mcclatchy-Tribune News Service | From Page: B2

Kiss, Usher, J.Lo to perform at Fashion Rocks

By The Associated Press | From Page: B3

 
Pop star Azalea talking fashion on MTV

By The Associated Press | From Page: B3

Jon Bon Jovi to be honored for humanitarian work

By The Associated Press | From Page: B3

 
Malkovich, Cumberbatch make Comic-Con premieres

By The Associated Press | From Page: B3

Entertainment calendar July 25, 2014

By Susan Hiland | From Page: B4

 
Stonestreet: Acceptance will grow for gay athletes

By The Associated Press | From Page: B6

TVGrid

By Daily Republic Syndicated Content | From Page: B6

 
.

Sports

Moss powers A’s past Astros

By The Associated Press | From Page: B7 | Gallery

 
Eagles soar past Expos in Area 1 tourney

By Paul Farmer | From Page: B7

Hudson solid, Hammels better in Giants’ loss to Phillies

By The Associated Press | From Page: B7

 
Indians win 14-8 over Mudcats

By Marcus Lomtong | From Page: B7

49ers’ Smith plans to meet soon with Commissioner Goodell

By The Associated Press | From Page: B7 | Gallery

 
Pucker up! NASCAR returns to Brickyard

By The Associated Press | From Page: B8

Manning getting used to new faces on Broncos

By The Associated Press | From Page: B8

 
Raiders CB Hayden to start camp on PUP

By The Associated Press | From Page: B8 | Gallery

Nibali wins Stage 18, closes in on Tour victory

By The Associated Press | From Page: B8 | Gallery

 
AP source: Gordon to meet with league Aug. 1

By The Associated Press | From Page: B9

Langer leads British Senior by 2 after 1st round

By The Associated Press | From Page: B9

 
A’s Johnson designated for assignment

By The Associated Press | From Page: B9

Taiwan sweeps US in 1st day of International Crown

By The Associated Press | From Page: B9

 
AP Source: NFL stadium sites explored in Toronto

By The Associated Press | From Page: B9

2 Texas football players charged with sexual assault

By The Associated Press | From Page: B9

 
Cavs sign Wiggins, who can’t be traded for 30 days

By The Associated Press | From Page: B9

Suspended WR Blackmon arrested on drug complaint

By The Associated Press | From Page: B9

 
Signups for Friday, July 25, 2014

By Paul Farmer | From Page: B9

Ravens RB Rice receives 2-game suspension from NFL

By The Associated Press | From Page: B9

 
Lynch expected to hold out from Seahawks camp

By The Associated Press | From Page: B9

Putnam, Petrovic share Canadian Open lead

By The Associated Press | From Page: B9 | Gallery

 
Sports on TV/Local sports for Friday, July 25, 2014

By Paul Farmer | From Page: B10

This date in sports history for Friday, July 25, 2014

By The Associated Press | From Page: B10

 
Weather for July 25, 2014

By Daily Republic | From Page: B12

.

Business

LR4 is updated for fuel efficiency

By Ann M. Job | From Page: C1

 
Ford’s green push

By Mcclatchy-Tribune News Service | From Page: C2

Varying health premium subsidies worry consumers

By The Associated Press | From Page: A6

 
US unemployment aid applications drop to 284,000

By The Associated Press | From Page: B11

Dunkin’ pushing cashiers to ‘upsell’ in afternoons

By The Associated Press | From Page: B11

 
Court throws out Chiquita terror payment claims

By The Associated Press | From Page: B11

Bombardier restructuring cuts 1,800 jobs globally

By The Associated Press | From Page: B11

 
Dick’s Sporting Goods lays off 478 PGA golf pros

By The Associated Press | From Page: B11

US new-home sales plummet in June

By The Associated Press | From Page: B11

 
Across US job market, layoffs are becoming rare

By The Associated Press | From Page: B11

.

Obituaries

Nelson Max Allen

By Susan Hiland | From Page: A4

 
Shirley T. ‘Mac’ McFadden

By Nancy Green | From Page: A4, 5 Comments

Mary Bell Scrivner Sanders

By Nancy Green | From Page: A4, 1 Comment

 
Arturo Montenegro

By Nancy Green | From Page: A4

Mary Spingola Stagnaro

By Nancy Green | From Page: A4

 
.

Comics

Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

 
Zits

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
Garfield

By Daily Republic Syndicated Content | From Page: A8

For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

 
Sally Forth

By Daily Republic Syndicated Content | From Page: A8

Pickles

By Daily Republic Syndicated Content | From Page: A8

 
Baldo

By Daily Republic Syndicated Content | From Page: A8

Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

 
Baby Blues

By Daily Republic Syndicated Content | From Page: A8

B.C.

By Daily Republic Syndicated Content | From Page: A8

 
Blondie

By Daily Republic Syndicated Content | From Page: A8

Peanuts

By Daily Republic Syndicated Content | From Page: A8

 
Dilbert

By Daily Republic Syndicated Content | From Page: A8

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

 
Crossword

By Daily Republic Syndicated Content | From Page: A9

Bridge

By Daily Republic Syndicated Content | From Page: A9

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

Sudoku

By Daily Republic Syndicated Content | From Page: A9

 
.

Solano County Fair 2014

Cultural exhibits, entertainment are fair highlights

By Solano County Fair | From Page: SCF2 | Gallery

Bay Stage talent competitions, nightly karaoke party

By Solano County Fair | From Page: SCF3

Jack & Bernice Newell Junior Livestock Auction returns to fair

By Solano County Fair | From Page: SCF4 | Gallery

Big names, big sounds grace fair stage

By Solano County Fair | From Page: SCF4 | Gallery

Bay Stage welcomes wide array of entertainers

By Solano County Fair | From Page: SCF15 | Gallery

Solano shines at fair’s County and Cities Expo

By Solano County Fair | From Page: SCF16