"Suspect’s gun permit raises some questions"

[Damage control]

BY KIMM R. MONTONE AND BOB KALINOWSKI
STAFF WRITERS
Published: Wednesday, August 20, 2008
Updated: Wednesday, August 20, 2008 4:30 AM EDT
Randal Rushing was granted a concealed-gun permit in Luzerne County about 17 months before he allegedly set out to brutally kill three young men inside a South Side home.

The application — listing illegible references and the address of a Wilkes-Barre homeless shelter — was approved in less than 24 hours Feb. 21, 2007.

Though officials in Lackawanna and Luzerne counties say denying the permit alone would not have prevented the triple homicide at 1604 S. Irving Ave. in Scranton on July 17, it has raised several permitting concerns, prompted a review of Mr. Rushing’s application and was brought to the forefront as an example of why the Luzerne County sheriff has enacted a more thorough review of gun permit requests.

Pennsylvania laws do not require registration to purchase or own a firearm but do require permits to carry a concealed gun.

“At best, we should have called the people,” said Sheriff Mike Savokinas, who started his term in January, of the references listed on the application. “This wasn’t going to stop him from killing someone, but this goes to show if we had better procedures in place, he probably wouldn’t have gotten the permit.”

Mr. Rushing had allegedly lived in Luzerne County before renting a basement from Cynthia and Wesley Collier. It was inside the South Side home that authorities say he used a handgun to intimidate and threaten his victims before killing Justin Berrios, 20, and brothers Dustin Hintz, 22, and Leslie Collier, 16, with a carpentry hammer and knives.

The 25-year-old suspect also took hostage his ex-girlfriend Samantha Hintz, 19, and the 2-year-old son she had with Mr. Berrios, as well as Matthew Collier and Cynthia Collier, 43, who is the mother of Leslie, Dustin, Matthew and Samantha.

Sheriff Savokinas criticized the practices of his predecessor’s administration, saying the sheriff’s office had been a “one-stop shop” for permits.

“I can tell you there are two addresses (on the permit application), 70 Davis Place and 332 Park Ave.,” he said. “The 70 Davis Place is a VISION shelter. It’s a shelter for homeless people whether they need food or a place to sleep. In my opinion, it should have drawn a red flag.”

The Times-Tribune obtained a copy of Mr. Rushing’s application. On it, he had written his address as 70 Davis Place in Wilkes-Barre and provided two references, whose names were illegible, and listed their addresses as a 70 Davis Place and 332 Park Ave.

The Davis Place address is reserved for homeless clients to receive mail for work or medical services, said Vince Kabacinski, executive director of the Volunteers in Service in Our Neighborhood.

“I was not aware of the fact that he had used it for a gun permit,” said Mr. Kabacinski, who declined to discuss Mr. Rushing’s association with the agency. “My question would have been, ‘Why would someone in a homeless shelter need a gun permit?’ ”

Mr. Rushing initially checked the box indicating that the permit would be for employment purposes. However, he then scratched out that mark and instead checked a box for the “self defense” category.

Former Luzerne County Sheriff Barry Stankus defended his administration’s decision, saying, “I followed all the guidelines established by the Pennsylvania Crimes Code and utilized the (PICS) system established by the Pennsylvania State Police.”

While state police may review an applicant’s criminal history, department spokesman Jack Lewis said the county sheriff has the final authority on whether to issue weapons permits.

“If they were disqualified for a criminal record, they wouldn’t be able to overrule that,” he said. “(The sheriff’s office) could disqualify them for reasons other than a criminal record.”

The state criminal database, however, only includes records of arrests in Pennsylvania, Mr. Lewis said.

Under the revised policy, Sheriff Savokinas said, the sheriff’s office policy will more closely resemble state laws and require that references are checked. This application process could take 21 to 45 days, he said.

The sheriff, meanwhile, has also directed an independent investigation into whether there were other discrepancies with Mr. Rushing’s application.

Reached for comment on Tuesday, Scranton detectives investigating the case said they were aware of Mr. Rushing’s gun permit, although Lackawanna County District Attorney Andy Jarbola said he was not.

“The gun was stolen that he had at the house,” Mr. Jarbola said. “It wouldn’t have made a difference if he had a permit or not. He wasn’t issued a permit to carry a stolen weapon.”

Contact the writer: kmontone@timesshamrock.com, bkalinowski@citizensvoice.com
Link

DC .........

[gnbrotz]

1. Illegible handwriting is not a legal basis for denial
2. Residency status has no legal bearing on approval

While the law does require two references to be provided, there is no requirement per statute that they be contacted, and many Sheriffs do not. Right or wrong, that's the way it is. Even if they are written legibly and contacted, where's the assurance that this really adds any 'validity' to the procedure? When I write those two names down, I know that they will give a good report on my behalf if asked. I'm not sweating what the Sheriff might discover by contacting them. Even someone with a questionable background would likely make sure of the same.

While the homeless shelter (presumably private property) has every right to prohibit firearms, the fact that someone is using their facility in no way bars them from applying from, and obtaining a LTCF. You don't even have to actually own a firearm to apply/receive a LTCF.

IMO, there is no basis to conclude that anything would have been changed if this had happened under the "new" policy. What is certain is that many will be unnecessarily inconvenienced by it.

[762xIan]

God I hate the media...

killing Justin Berrios, 20, and brothers Dustin Hintz, 22, and Leslie Collier, 16, with a carpentry hammer and knives.

So the fact he had a permit before he went batshit crazy and butchered folks with a HAMMER and KNIVES has what to do with guns or the permit?

“The gun was stolen that he had at the house,” Mr. Jarbola said. “It wouldn’t have made a difference if he had a permit or not. He wasn’t issued a permit to carry a stolen weapon.”

Thank god at least one lone voice of reason in the article.

[sgt7546]

As there is no permit for homicide or possessing a stolen gun, I fail to see the correlation between the issuance of a gun permit and the crimes this person committed.

[JDC]

I can't believe the crap that makes the news. This makes no sense whatsoever one has nothing to do with the other.

[CZ40P]

This article is just more smoke and mirrors from the drive-by media. One more chance to re-educate the masses with their socialist message.

You can almost hear them chanting under their breath, " Guns are Bad, Guns are Bad, Guns are Bad" "Be afraid" Guns are bad"

"Vote for Obama" and Oh yes and Guns are bad!

[Noah_Zark]

The sheriff's quoted comments have the strong sniff of CYA.

Noah

[Delco Sig]

“I was not aware of the fact that he had used it for a gun permit,” said Mr. Kabacinski, who declined to discuss Mr. Rushing’s association with the agency. “My question would have been, ‘Why would someone in a homeless shelter need a gun permit?’ ”

If you've ever been to a homeless shelter, this question makes you laugh..

[Mondain]

Oh those silly homeless people, don't they realize they don't have rights, let alone the right to be safe...

[normanvin]

So I sent a email to kmontone@timesshamrock.com.
I wrote.
What does this guy having a License to carry a firearm have to do with
him killing those people with a hammer and a knife. i think that this
story is nothing more than sensationalism.

She responded.

Dear Norman,

I think the Luzerne County Sheriff raised the issues about Randal Rushing who
listed his address as a homeless shelter and also provided illegible references
on his application. That alone raises questions about who is being approved for
concealed weapons permits.

This story also reveals more about the person who is accused of perpetrating one
of Scranton's most horrific crimes, and I think those developments should to be
disclosed to the public.

Thank you for your comments this morning,

Sincerely,

Kimm R. Montone