Where is the Outrage… False Arrests, Made Up Offenses, Anti-Gun Grandstanding

By Alan Chwick

Anti-Gun-New-York District Attorney Kathleen Rice
Anti-Gun-New-York District Attorney Kathleen Rice
AmmoLand Gun News
AmmoLand Gun News

Nassau, NY –-(Ammoland.com)- On February 17, 2011, Nassau County District Attorney Kathleen Rice busted five Nassau County Gun Shops.

Nine people where arrested and charge. The claim made by DA Rice at the time was, and I quote from official NC DA website,

“Rice said that shop owners were breaking the law by temporarily modifying the weapons to appear as though they lacked the required characteristics of an assault weapon.  However, the temporary modification was easily reversible, thereby making them full-fledged assault weapons. For example, a pin was placed in the stock of a weapon in an attempt to prevent its collapse. However, the pins were designed to be easily removable making the stock collapsible.”

Please remember that DA Rice received her due fanfare in the media. And all hailed her as our anti-gun savory. (Sweet for when she moves-on to higher office.)

But, there is a major flaw with the DA’s above statement. According to NYS, there is nothing in law about what the stores had done. As long as the weapons left the store in the lawful NY Compliant state, whether or nor the modifications where “easily reversible,” NO LAW WAS BROKEN by them. What the buyer did after they left the store, is not the stores fault or issue. That would be like blaming Chevy because you ran into another car because you where texting.

Even with Mr. Tretola’s videoed statements about ‘how to’ reverse the modifications, which is nothing more then his First Amendment right to state, NO LAW WAS BROKEN by the stores. DA Rice’s rhetoric, and that all it was, was just to create political sound-bites. (Oh, the DEMs must be dancing naked in the street over her actions.)

Now, we are almost 11-months out, and strangely, there are NO INDICTMENTS. In fact, the county’s case seems to be falling apart. Inside sources, who definitely wish to remain anonymous, have said that the county’s own experts have shredded the DA’s evidence and feel there is little or no case. In fact, again, the DA’s office has quietly let several owners, and their employees, OFF THE HOOK, on Adjournment in Contemplation of Dismissal (ACOD). (Gee, why hasn’t the press caught this?)

These ACODs where given to Mark Wroobel (Owner of Hunter Sports), Andrew Chernoff (Owner of Coliseum Gun Traders), Carmine Rotondo (An employee of Coliseum Gun Traders), and Michael Marinello (Owner of South Shore Sportsman). All felonies and misdemeanors where DROPPED, and the story tells us further that their only stipulation was not to build NY Compliant rifles, just to buy them from the manufacturers, in NY Compliant configuration. Their gun licenses where given back to them and they must be good citizens for six months to have their court records sealed. They are back selling the very guns that DA Rice BUSTED them for. (SURE SMELLS LIKE FALSE ARREST ISSUES TO ME, but what do I know, I ain’t a lawyer…)

So, why hasn’t the T&T group been offered any ACODs? Their actual charges, at arraignment,  are really no greater then those of Wroobel, Chernoff, Rotondo and Marinello! Here is where the outrage grows. And, keep in mind, as shown above, it already stinks in the DA’s office…

Mr. Tretola maybe a thorn in the county’s side. Mr. Tretola was possibly falsely arrested before because of a conceivably abusive NCPD officer. And, Mr. Tretola does have a Civil Rights case pending in Federal District Court, which has a fair degree of winning.

This editor sees an abusive Nassau County DA, whose has gone way past her position specification to get even with Mr. Tretola, by breaking his bank, and thereby forcing him out of business. If you can’t get him legally…Just use tax dollars and government regulations to force them to go bankrupt, or worse.

Of course, Nassau County should investigate this matter and possibly IMPEACH Ms. Rice. But that will never happen. (NCNF Note: Hopefully the stench from the failed Police Lab will woff its way up her way, as it should…But that issue is sleeping somewhere too!)

And, the NYS Supreme Court, Appellate Division, whose job it is to control lawyers, should investigate this matter and possibly DISBAR Ms. Rice for her abusive legal practices. But that will never happen either.

So, saps like Mr. Tretola, you and I, just have to accept that administrations ARE brutally abusive and when the ‘Keeper of the key’ is the ‘Gatekeeper’ as well, nothing gets fixed.

Remember…Almost eleven months…Accusations…Charges…NO INDICTMENTS…And some HAVE been released from the DA's bondage.

Where is the outrage by our protectors?

Alan Chwick. Editor
Nassau County News Flash
Press Release from the District Attorney’s website

February 17, 2011
DA Rice Busts Five Nassau Gun Shops For Selling Illegal Assault Weapons
Undercover investigation leads to charges against shop owners and employees

MINEOLA, N.Y. – Nassau County District Attorney Kathleen Rice announced today the results of a sweeping undercover investigation into the sale of assault weapons at gun shops throughout Nassau County. During the 10-month probe, five Nassau County gun shops illegally sold assault weapons to undercover DA investigators and members of the New York State Police. As a result of the investigation, Rice's office has arrested and charged four store owners and five of their employees.

Under New York State law, only police officers, peace officers, and duly authorized members of the military are legally permitted to possess assault weapons. One category of an assault weapon is defined as a semi-automatic rifle with the ability to accept a magazine carrying more than five rounds of ammunition and that must also have at least two additional characteristics. These additional characteristics can include a folding or telescoping stock, a protruding pistol grip, a bayonette mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor, or a grenade launcher. (NCNF Note: This paragraph is pure rhetoric designed to inflame the readers.)

Rice said that shop owners were breaking the law by temporarily modifying the weapons to appear as though they lacked the required characteristics of an assault weapon. However, the temporary modification was easily reversible, thereby making them full-fledged assault weapons. For example, a pin was placed in the stock of a weapon in an attempt to prevent its collapse. However, the pins were designed to be easily removable making the stock collapsible. (NCNF Note: This paragraph is pure rhetoric, as the items left the stores in lawful NY Compliant configuration.)

Rice said that one defendant, Martin Tretola, 55, of Bellmore, and the owner of T&T Tactical in New Hyde Park and T&T Gunnery in Seaford, went so far as to demonstrate to undercover officers how to remove the temporary pin from the fixed stock making it collapsible. Both T&T Gunnery and Hunter Sports were on notice that civilians who purchased these weapons from their stores had been arrested and charged with illegal possession of an assault weapon in both Nassau and Suffolk counties, but they continued to sell these weapons. (NCNF Note: This paragraph is pure rhetoric, as talking about it is protected under the First Amendment. Additionally, Mr. Tretola, at the end of the video tells the person that converting the item back will get them in trouble. And if the buyers re-converted the items to an illegal state, the pieces still left the stores in their lawful configuration.)

“The nine men arrested today were openly breaking the law, making a practice of putting profits before the safety of our citizens, and flooding our streets with dangerous assault weapons,” Rice said. “Make no mistake, these are combat-specific weapons and not intended for hunting. They have no place on our streets or in the hands of civilians.” (NCNF Note: This paragraph is pure rhetoric, as it is every business’ duty to make a profit, and the guns sold where NOT “dangerous assault weapons” when they left the store.)

Tretola, the owner of two gun shops in Nassau County, is charged with Criminal Sale of a Firearm in the Second Degree, Unlawfully Disposing of an Assault Weapon, and a misdemeanor violation of the Firearms Licensing Provisions. T&T Tactical was charged with Criminal Sale of a Firearm in the First and Second Degrees. Tretola faces up to15 years in prison. His Seaford business, T&T Gunnery, has been charged with Criminal Sale of a Firearm in the First and Second Degrees. His New Hyde Park business, T&T Tactical, along with the following defendants and businesses are charged with Unlawfully Disposing of an Assault Weapon and a misdemeanor violation of the Firearms Licensing Provision. Each individual defendant faces up to seven years in prison and each business faces up to a $10,000 fine per felony or double the company's gain from the criminal conduct.

Mark Wroobel, 40, of Smithtown. Wroobel and his business, Hunter Sports in Massapequa, are both charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and two misdemeanor violations of Firearms Licensing provisions. Wroobel is due back in court February 25 and is represented by Michael Villeck, Esq.
Andrew Chernoff, 50, of Malverne. Chernoff and his business, Coliseum Gun Traders, LTD in Uniondale, are both charged with Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. Chernoff is due back in court March 2 and is represented by Stephen Wade LaMagna, Esq.
Carmine Rotondo, 68, of Garden City. Rotondo, an employee of Coliseum Gun Traders, LTD, is charged with Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions.
Michael Marinello, 41, of East Meadow. Marinello and his business, South Shore Sportsman in Merrick, are both charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and two misdemeanor violations of Firearms Licensing provisions. Marinello is due back in court February 22 and is represented by the Legal Aid Society of Nassau County.


Four of Martin Tretola's employees were also charged as follows:

  • Thomas Tretola, 24, of Bellmore. Thomas Tretola, an employee of T&T Gunnery in Seaford and Martin Tretola's son, is charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. T&T Gunnery is also charged and is owned by Martin Tretola. Tretola is due back in court February 22 and is represented by Charles Horn, Esq.
  • Stuart Sansevino, 59, of North Babylon. Sansevino, an employee of T&T Gunnery, is charged with three counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and 12 misdemeanor violations of Firearms Licensing provisions. Sansevino is due back in court February 22 and is represented by Dave Gallison, Esq.
  • Hank Greenberg, 32, of Oceanside. Greenberg, an employee of T&T Gunnery, is charged with three counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and three misdemeanor violations of Firearms Licensing provisions.
  • Morgan Owens, 22, of West Islip. Owens, an employee of T&T Tactical, is charged with one count of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. Owens is due back in court February 22 and is represented by Dave Gallison, Esq.

Assistant District Attorneys Karen Bennett (Deputy Bureau Chief) and Teresa Corrigan (Bureau Chief) of the Street Narcotics and Gang Bureau are prosecuting the cases for the District Attorney's Office. New York State Police Captain James Dewar, Senior Investigator Joseph DeMaria and Investigator Edward Franke, conducted the investigation, together with the District Attorney's Office.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.

 

Alan Chwick, Editor
Nassau County News Flash
5 Brunella Street
Long Island, NY 11520
516-903-1959
[email protected]
URL: http://www.iNCNF.org

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