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South Windsor Man Gets Probation In Gun Shop Theft

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File photo of semi-automatic assault weapons. (credit: KAREN BLEIER/AFP/Getty Images)

File photo of semi-automatic assault weapons. (credit: KAREN BLEIER/AFP/Getty Images)

HARTFORD, Conn. (AP) _ A Connecticut man who stole a gun from a shop that legally sold a rifle used in the Newtown school shooting was sentenced Tuesday to five years of probation.

The U.S. Attorney’s office said Jordan Marsh, 27, of South Windsor, was sentenced in Hartford for stealing a 5.56mm Windham Weaponry semi-automatic rifle from Riverview Gun Sales, in East Windsor, three days before the December 2012 Newtown shooting.

Marsh is already serving an eight-year prison sentence on a state court conviction for trying to steal a .50-caliber Bushmaster rifle from Riverview four days after he swiped the other rifle. He also was sentenced to probation last year for stealing about a dozen guns from the store.

“I thought it was a fair, reasonable, appropriate sentence for the federal part of the case,” said Gary Weinberger, a federal public defender representing Marsh.

Marsh has profound mental and emotional problems, Weinberger said in court papers. He said Marsh’s mental issues stem from a 2003 snowmobiling accident in which he suffered a traumatic brain injury and that his criminal conduct is “almost certainly” a product of his mental illnesses.

Riverview legally sold a Bushmaster rifle to Nancy Lanza, whose son, Adam, used it to kill 20 first-graders and six educators at Sandy Hook Elementary School on Dec. 14, 2012. Adam Lanza used different guns to kill his mother at their Newtown home and himself at the school.

Instead of imposing a concurrent prison sentence, Judge Michael P. Shea imposed the maximum probation allowed under the law, prosecutors said. The prosecutors and Marsh’s attorney had agreed to the sentence.

As special conditions of his probation, the court ordered that Marsh and his residence be subject to searches by the U.S. Probation Office upon reasonable suspicion, that Marsh not associate with any person or business that sells firearms, that he not attempt to buy or possess any firearms, and that he agree to having computer software installed to monitor his Internet activity and alert the U.S. Probation Office if he attempts to purchase a firearm online. Marsh was also ordered to receive mental health counseling and treatment.

“By imposing the longest term of probation available, today’s federal sentence supplements the state court’s eight-year jail sentence by maximizing the protection afforded to society and simultaneously providing the defendant with the supervision and mental health counseling he so clearly needs,” said U.S. Attorney Deirdre Daly.

Six days after the Newtown massacre, federal authorities revoked Riverview’s firearms license, saying they found about 300 examples of false or misleading information on the store’s sales records.

Riverview owner David Laguercia pleaded guilty in August to federal charges of transferring a firearm before completing a background check and failure to maintain firearms records. The charges were not related to Nancy Lanza’s purchase. He faces up to six months in prison under the plea deal, with sentencing set for March.

In June, a Riverview employee, Krystopher DiBella, pleaded guilty to failing to have a gun buyer answer a question on a form related to citizenship, which also was not related to Nancy Lanza’s purchase. He was sentenced to probation.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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