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ATF failed to charge killer for gun-buy attempt, c
Josey1
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ATF failed to charge killer for gun-buy attempt, chief says
By TERRIE MORGAN-BESECKER
tmorgan@leader.net
SOUTH ABINGTON TWP. - The federal Bureau of Alcohol, Tobacco and Firearms is investigating its handling of a case involving a convicted felon who killed his pregnant stepdaughter and wounded another person before killing himself early Sunday morning, an agency spokeswoman said Monday.
South Abington Township Police Chief Robert Gerrity said his department on May 30 asked the ATF to arrest Charles D. Schuler after he tried to purchase a gun, but the charges were never filed. Schuler is prohibited from buying a gun - a federal offense - because of a 1992 conviction for second-degree murder in North Carolina, Gerrity said.
Gerrity said he did not know why the ATF had not filed the charges. Jill Tucker, a spokeswoman for the ATF in Philadelphia, said the case is under "active investigation." She said the agency had no additional comment.
Schuler, 40, address unknown, broke into the 12 Hunts Court home of his estranged wife, Lisa Schuler, around 1 a.m. Sunday. He fatally shot his stepdaughter, Tara Murphy, 19, of Reading, and wounded Murphy's 20-year-old boyfriend, Frank Rivera, before shooting himself in the head. Murphy's child, delivered three months premature, died shortly after birth.
Gerrity said his department made extensive efforts to locate Schuler, who was also wanted for violating a protection from abuse order obtained by his wife on May 3. A trace had been placed on Schuler's credit cards and nationwide alerts had been issued for Schuler and his vehicle.
Gerrity said his officers also interviewed sales clerks at a Philadelphia sporting goods store where Schuler tried to buy a gun. Police obtained a videotape of Schuler, who fled the store with his application after he was denied the weapon because of the outstanding PFA. That tape was turned over to the ATF, he said.
"We went the extra mile with this," Gerrity said. "No one wanted to see this happen."
Gerrity said Schuler violated the PFA by phoning his wife, but he did not threaten her. He said police put extra effort into this case because Lisa Schuler was exceptionally fearful of her husband and because of his criminal record.
"Given his history, he has a conviction for murder, we didn't know what we were dealing with," Gerrity said.
Gerrity said he did not know the details of Schuler's North Carolina conviction, but he did not believe that killing was related to domestic violence. Schuler was released in 1997 and was on parole for six months, Gerrity said.
It's unclear if Murphy was Schuler's intended target in Sunday's shootings, Gerrity said. The woman, who was a visitor at the home, was shot as she fled after trying to disarm Schuler. Her boyfriend, Rivera, also tried to disarm Schuler and was shot as he fled the home.
After shooting Murphy, Schuler returned to the home and shot himself in front of his wife and three young children as a police officer was entering the home. The children were not physically harmed, Gerrity said. http://www.timesleader.com/mld/timesleader/news/3536565.htm
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By TERRIE MORGAN-BESECKER
tmorgan@leader.net
SOUTH ABINGTON TWP. - The federal Bureau of Alcohol, Tobacco and Firearms is investigating its handling of a case involving a convicted felon who killed his pregnant stepdaughter and wounded another person before killing himself early Sunday morning, an agency spokeswoman said Monday.
South Abington Township Police Chief Robert Gerrity said his department on May 30 asked the ATF to arrest Charles D. Schuler after he tried to purchase a gun, but the charges were never filed. Schuler is prohibited from buying a gun - a federal offense - because of a 1992 conviction for second-degree murder in North Carolina, Gerrity said.
Gerrity said he did not know why the ATF had not filed the charges. Jill Tucker, a spokeswoman for the ATF in Philadelphia, said the case is under "active investigation." She said the agency had no additional comment.
Schuler, 40, address unknown, broke into the 12 Hunts Court home of his estranged wife, Lisa Schuler, around 1 a.m. Sunday. He fatally shot his stepdaughter, Tara Murphy, 19, of Reading, and wounded Murphy's 20-year-old boyfriend, Frank Rivera, before shooting himself in the head. Murphy's child, delivered three months premature, died shortly after birth.
Gerrity said his department made extensive efforts to locate Schuler, who was also wanted for violating a protection from abuse order obtained by his wife on May 3. A trace had been placed on Schuler's credit cards and nationwide alerts had been issued for Schuler and his vehicle.
Gerrity said his officers also interviewed sales clerks at a Philadelphia sporting goods store where Schuler tried to buy a gun. Police obtained a videotape of Schuler, who fled the store with his application after he was denied the weapon because of the outstanding PFA. That tape was turned over to the ATF, he said.
"We went the extra mile with this," Gerrity said. "No one wanted to see this happen."
Gerrity said Schuler violated the PFA by phoning his wife, but he did not threaten her. He said police put extra effort into this case because Lisa Schuler was exceptionally fearful of her husband and because of his criminal record.
"Given his history, he has a conviction for murder, we didn't know what we were dealing with," Gerrity said.
Gerrity said he did not know the details of Schuler's North Carolina conviction, but he did not believe that killing was related to domestic violence. Schuler was released in 1997 and was on parole for six months, Gerrity said.
It's unclear if Murphy was Schuler's intended target in Sunday's shootings, Gerrity said. The woman, who was a visitor at the home, was shot as she fled after trying to disarm Schuler. Her boyfriend, Rivera, also tried to disarm Schuler and was shot as he fled the home.
After shooting Murphy, Schuler returned to the home and shot himself in front of his wife and three young children as a police officer was entering the home. The children were not physically harmed, Gerrity said. http://www.timesleader.com/mld/timesleader/news/3536565.htm
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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07/01/02
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When do police officers need a search warrant to enter a home? That's a question that is plauging Southside residents who are complaining that increasingly Monroe Police Officers are coming to their homes, demanding entry saying they do not need search warrants. The latest incident happened last week when Monroe Police Officers came to the home of Pamela McCall, 3911 Gayton Street and entered her home with guns drawn, without a warrant and against her wishes. The officers, according to McCall said they had information that a man they were looking for came into her home. She said officers burst into her home without knocking, grabbed her 18 year old son and began frisking him as other officers roamed through her house with guns drawn in a defensive position. "This is not suppose to happen to us. We have a Black mayor. I picked up people in my car and carried them to the poll for Jamie Mayo and this is what I get! This is not right!" said McCall. She said when the officers did not find the suspect they sought they left but not without traumatizing her household and embarrassing her in front of her neighbors. My husband is a minister. The entire neighborhood is standing looking as police officers go all through my house without case. Something's wrong!" she said referring to her husband Rev. Barry McCall an associate minister at the King Ollie Baptist Church. Rod Washington, public relations director for the city, did not return calls about the police harasssment issue Tuesday. Monroe City Attorney Tommy Gardner said while he was not familiar with the particulars of the McCall case, there are a number of occasions that might authorize officers to enter a residence without a warrant.
"You would have to investigate the particulars of each incident." Gardner said. The Supreme Court has given various rulings that would have to be applied in specific situations.
McCall said last Thursday officers "burst into my house without knocking." She said they were looking for Jefferey Briggs, a neighbor who does not frequent or visit their home. She said the officers intimidated family members because they had weapons drawn.
"One of the officers went over to the floor where my 18 year old son (Barry Jackson) was lying and grabbed him up while he was watchig television and started patting hi down asking him questions about Briggs. In the mean time about three more officers went all through the back of my house searching for Jeffery."
While searching they came upon her 16 year old son who was asleep. Awakened by the police, he thought he was dreaming a laid back down.
McCall said one of the officers said, "Isn't this something. This * got a house full of police and he lays back down."
McCall said her daughter picked up the phone to call her father. The officer, according to Mcall, took the phone and told him "we are looking for the bad guy" and that they would be leaving soon.
"After the officer finished talking to my husband he threw the phone back to my daughter and asked her was she happy now in a very nasty way and left my residence." McCall said.
"The Monroe Police Department must be stopped from running into people's homes like that without a search warrant.Something could have happened to one my children while they were in my house searching for someone who doesen't live here." McCall said.
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"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878