Sunday, November 23, 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

Fairfield-Suisun sits between bay, valley

By Barry Eberling | From Page: A1, 4 Comments | Gallery

 
Teens at Boys & Girls Clubs get their own place

By Amy Maginnis-Honey | From Page: C1 | Gallery

Salvation Army gets ready for Thanksgiving

By Susan Hiland | From Page: A1 | Gallery

 
New mobile office adds reach to The Salvation Army

By Susan Hiland | From Page: A1

Time to start a local hall of fame

By Brad Stanhope | From Page: A2

 
Conservancy plans Quail Ridge Walk in December

By Susan Hiland | From Page: A3

Film festival brings people together for good causes

By Susan Hiland | From Page: A3 | Gallery

 
Advance preparation mitigates frost damage

By Kathy Low | From Page: C4

 
Sudden Infant Death awareness and prevention

By Susan Whalen | From Page: C4

Weather for Sunday, Nov. 23, 2014

By Daily Republic staff | From Page: B6

 
 
Two injured in Fairfield shooting

By Ian Thompson | From Page: A12, 4 Comments

.

US / World

Storms raise hope in California drought

By The Associated Press | From Page: A1

 
Gambling nuke commander linked to fake poker chips

By The Associated Press | From Page: A1

Winners and losers under Obama’s immigration plan

By The Associated Press | From Page: A4

 
Kohler introduces odor-eating toilet seat

By The Associated Press | From Page: A5

Civic group: No Ferguson grand jury decision yet

By The Associated Press | From Page: A5

 
WWII mementos found in suitcase at thrift store

By The Associated Press | From Page: A5

 
Hawaii airline tells pilots to return $4,000 bonus

By The Associated Press | From Page: A6

Dogfighting thrives in years since Vick case

By The Associated Press | From Page: A6

 
Man sets house on fire, kills responding deputy

By The Associated Press | From Page: A6

Report: Washington toddler shot playing with gun

By The Associated Press | From Page: A6

 
Police: Pregnant woman, 3 others fatally shot

By The Associated Press | From Page: A6

Official: SD man kills 4, including self, wounds 1

By The Associated Press | From Page: A7

 
Pope meets with autistic children

By The Associated Press | From Page: A7

Biden announces new aid for Syrian refugees

By The Associated Press | From Page: A9

 
AP sources: Obama broadens mission in Afghanistan

By The Associated Press | From Page: A9

Somalia’s al-Shabab kills 28 non-Muslims in Kenya

By The Associated Press | From Page: A9, 1 Comment

 
Kerry says gaps remain in talks about Iran’s nukes

By The Associated Press | From Page: A9

Iraqi forces, Islamic State group battle in Ramadi

By The Associated Press | From Page: A10

 
Japan earthquake collapses homes, causes injuries

By The Associated Press | From Page: A10

.

Opinion

 
State Capitol braces for budget battle

By Dan Walters | From Page: A8

 
Editorial Cartoon: Nov. 23, 2014

By Daily Republic Syndicated Content | From Page: A8

 
Act of kindness at Raiders game

By Letter to the Editor | From Page: A8, 3 Comments

.

Living

Today in History: Nov. 23, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Nov. 23, 2014

By Susan Hiland | From Page: A2

Give the gift of gratitude this holiday season

By Dalia Adams | From Page: C3

 
Buddhist community builds shrine in Pineville yard

By The Associated Press | From Page: C3

Caught up in the spirt of the music

By The Associated Press | From Page: C3

 
Hackers can get into everything, including your camera lens

By Kathy Mitchell and Marcy Sugar | From Page: C4

Horoscopes for Nov. 23, 2014

By Holiday Mathis | From Page: C4

 
Library project puts 50 years of yearbooks online

By The Associated Press | From Page: C6

Metrosexuals be gone: Europe is agog for beards

By The Associated Press | From Page: C6

 
Graphic novel teaching history at Mississippi schools

By The Associated Press | From Page: C6

.

Entertainment

PUBLISHERS WEEKLY BEST-SELLERS

By The Associated Press | From Page: C2

 
Lamott offers healing words in ‘Small Victories’

By The Associated Press | From Page: C2

Eddie Izzard has book deal

By The Associated Press | From Page: C2

 
Whoopi Goldberg writing book about marriage

By The Associated Press | From Page: C2

Bryan Cranston reads profane hit nursery rhyme

By The Associated Press | From Page: C2

 
TVGrid

By Daily Republic Syndicated Content | From Page: B11

.

Sports

49ers host Redskins looking for third straight win

By The Associated Press | From Page: B1 | Gallery

 
Cousins lifts sluggish Kings over Wolves, 113-101

By The Associated Press | From Page: B1

Stanford routs rival Cal 38-17 in 117th Big Game

By The Associated Press | From Page: B1

 
Sacramento State downs UC Davis 41-30

By The Associated Press | From Page: B1

 
Vermette nets winner for Coyotes vs. Sharks

By The Associated Press | From Page: B2

Green says he’s ready to return to lineup for Broncos

By The Associated Press | From Page: B2

 
Bills practice in Detroit prepping for Jets game

By The Associated Press | From Page: B2

No. 4 Duke tops Stanford to win Coaches vs Cancer

By The Associated Press | From Page: B2

 
Vacaville Christian’s Kenyon voted Sierra Delta League MVP

By Daily Republic staff | From Page: B2

 
Suzy Whaley becomes 1st female officer at PGA

By The Associated Press | From Page: B2

Giants World Series exhibit goes on display Monday

By The Associated Press | From Page: B2

 
Oklahoma’s Perine runs for record 427 yards

By The Associated Press | From Page: B3

 
Rivalry 150 goes to Lafayette, 27-7 over Lehigh

By The Associated Press | From Page: B3

Harvard beats Yale 31-24 in The Game

By The Associated Press | From Page: B3

 
Bowling results for Sunday, Nov. 23, 2014

By Daily Republic | From Page: B4

Bocce results for Sunday, Nov. 23, 2014

By Daily Republic | From Page: B4

 
Bicycle racing for Sunday, Nov. 23, 2014

By Daily Republic | From Page: B4

Granada clings to 1-shot lead at LPGA finale

By The Associated Press | From Page: B4

 
Swiss lead France 2-1 in Davis Cup final

By The Associated Press | From Page: B4 | Gallery

 
This date in sports history for Sunday, Nov. 23, 2014

By The Associated Press | From Page: B5

.

Business

 
Tips on getting deals during Black Friday blitz

By The Associated Press | From Page: B7

Most US unemployed don’t get benefits: Here’s why

By The Associated Press | From Page: B7

 
Businesses cash in as women chase bigger butts

By The Associated Press | From Page: B7

At a Glance: Pros, cons of mobile-payment systems

By The Associated Press | From Page: B12

 
Review: No cash, cards, just mobile pay for a week

By The Associated Press | From Page: B12

Recalls this week: strollers, candles, chargers

By The Associated Press | From Page: B12

 
.

Obituaries

Leslie “Esi” Gros

By Nancy Green | From Page: A4

 
Norah Dean

By Nancy Green | From Page: A4

Florentina R. Dulay Florendo

By Susan Hiland | From Page: A4

 
Albert M. Ranzani

By Susan Hiland | From Page: A4

Arthur Irving Weiner

By Nancy Green | From Page: A4, 1 Comment

 
.

Comics