Former Marine sentenced in West Goshen

[Sniper061]

I haven't posted here in quite a while guys, glad to see y'all are still around. I moved to Georgia a few years ago so have only checked in a few times since then.

I came across this news story today about a former marine that was sentenced for harassment for openly carrying a weapon into a West Goshen gym. The story is very sketchy on the details and I wanted to know if any of you knew anything else about it.

http://www.dailylocal.com/general-ne...ness-club-case




WEST CHESTER >> The former Marine who set off a commotion at a West Goshen fitness club when he brought a holstered handgun to a dispute over his annual contract apologized for his behavior Monday, saying he finally realized his actions could have threatened the staff he encountered.

“I do recognize the severity of the situation,” James Evan Ferry told Common Pleas Court Judge William P. Mahon during a hearing where he was sentenced to 15 months of probation and ordered to give up any firearms he owns. “I wish I had sooner. I understand that those people felt threatened, although it was not my intention to threaten them.”

Ferry said he had no excuse for what he had done, actions that a jury found warranted a conviction of misdemeanor harassment after a trial in May.

Mahon, who handed down the sentence during a hearing that included a testy exchange between the judge and the prosecutor in the case that concluded with Mahon issuing a fiery reprimand, said that even though Ferry had the right to carry his handgun openly on the day of the incident, he should have immediately recognized the powerful reaction those who encountered him would have at the sight.

“People don’t see that every day,” Mahon told Ferry, a former weapons instructor for the Marines who suffered severe head trauma while on training exercises. “Those weapons are capable of mortality, and you should understand that ... As a man trained in firearms, you should know better. It will scare the bejeebers out of people.”

The commotion Ferry caused at the ACAC Fitness club in December 2012 came in part, those involved in the case said, because the incident occurred only a few days after the school shooting in Newtown, Conn., that left more than two dozen students and adults dead.

The case drew attention earlier this year because Mahon initially found it impossible to pick a jury after a large number of those on the panel at the time said they would feel uncomfortable hearing evidence about a man with brain injuries carrying a gun, even if the defendant was not charged with any weapons offenses, as was Ferry’s case. He was properly licensed to carry the .45 caliber semi-automatic gun that drew employees’ attention on the day of the incident.

He was found guilty in May of two counts of harassment, a summary offense. The other counts of disorderly conduct, terroristic threats, wiretap law violations and possession of an instrument of crime were dismissed by the jury.

Ferry’s attorney, Joel E. Benecke of West Chester, argued for a sentence of probation for his client, noting that throughout the encounter at ACAC he had never verbally threatened anyone or made reference to the handgun.

“He did not threaten to harm anyone,” Benecke said. “In no way did he overtly endanger anyone, nor did he attempt to do so.” Pointing to his background in the U.S. Special Forces, the defense attorney said Ferry was not an out-of-control “weekend warrior.”

“This was not just anyone walking around with a gun,” Benecke argued.

But two of the employees at the health and fitness club wrote letters to Mahon suggesting that Ferry had indeed placed them in fear for their safety, a trauma that still haunts them.

The staff members, Jillian Zagora and Carie Riley, said that they felt Ferry came to the office the day of the incident intending to bully and harass them so that he could get out of a membership contract that he had signed. The two women asked Mahon to sentence him to a term of imprisonment and take away whatever guns he still owns.

“I did not just fear for my safety that day, but for the safety of everyone in the building,” Riley wrote. “After this event, it is blatantly obvious to me that Mr. Ferry does not have the temperament to carry a gun. One day he will use his gun in anger and an innocent person may be seriously hurt.”

The fear the women mentioned was cited by Assistant District Attorney Anthony Rock, who prosecuted the case, in asking Mahon to sentence Ferry to one to 12 months in prison and a consecutive three months of probation.

“The defendant’s actions are very troubling, and very scary to the victims,” Rock said in his presentation, in which he noted that his office had offered to transfer Ferry’s case to the county’s Veterans Court, where treatment would be ordered for any mental health issues that he may have suffered from, only to see him decline the offer.

Rock also asked Mahon to impose a sentencing enhancement for Ferry’s possession of a deadly weapon – the handgun – during the course of his criminal behavior, even though he had not used the gun in the incident. Mahon rejected that notion, however, leading Rock to press his case and for the judge to react to his presentation with frustration.

“Why do you always do that?” he asked Rock, who is one of two prosecutors assigned to Mahon’s courtroom, when the assistant district attorney interrupted him. “You made your point, and I understand your point.” When Rock continued to argue that the deadly weapon enhancement could be imposed, Mahon exploded.

“I am done talking to you,” the judge said. “You made your point. Sit down, now!” Rock then retreated to the prosecution’s table, where he spent the remainder of the hearing.

The case against Ferry began when he went to the ACAC Fitness Center on McDermott Drive around 4 p.m. on Dec. 28, 2012.

According to court records, Ferry was upset about his inability to discontinue his contract at the popular club. He had spoken with a manager at the club earlier in the day by telephone, who told him his contract could only be voided if he had proof that he was moving out of the area. He did not.

At a preliminary hearing held in March 2013, witnesses testified how they had watched as Ferry went into the ACAC building carrying a handgun on one hip and two ammunition magazines on the other. One employee, physical therapist Bryan Miller, said Ferry “stared down” at him as he passed, and that he “felt threatened” by his demeanor. He “looked determined to get his point across,” Miller testified, according to records.

Miller’s fears were heightened, he said, because the Sandy Hook Elementary School shooting, in which 26 children and school staff were killed by a lone gunman, had occurred just two weeks prior, on Dec. 14, 2012.

Luckily, according to authorities, Zagora had pushed the office panic button and called 911, and Miller had put the club on lock-down status.

To contact staff writer Michael P. Rellahan call 610-696-1544.

[CaliRefugee]

I'm kinda torn on this one. Yeah, the complete wusses in the gym made a bigger deal out of this than they needed to, but this guy should've just "moved in" with his grandmother in Iowa or something. That's how people used to get out of those awful loans masquerading as memberships at Bally Total Fitness, and it would've been much simpler to do so.

Again, I am not in favor of him having been charged with a crime, but he would've made his life a lot simpler had he taken another road. Sometimes the best way to win is to not play their game.

[MJH]

I fail to see a single law violated, period. Am I missing something?

[Mitch10mm]

This bothers me a lot. I've had similar incidents and I made the decision not to carry for the "discussion". Simply open carry making someone fearful is bs in my opinion. Another blow to OC if this is the measurement.

He loses his guns over a harrassment conviction

[Dlish]

This bothers me a lot. I've had similar incidents and I made the decision not to carry for the "discussion". Simply open carry making someone fearful is bs in my opinion. Another blow to OC if this is the measurement.

He loses his guns over a harrassment conviction

Agree, I see this as terrible and sets a precedent. The "victims" still "have trauma that haunts them"?? please. A nation of wusses.

[JAKIII]

I grew up in West Goshen Township, about 2 miles from the ACAC gym. Some perspective is that Chester County, in the southeastern corner of the state, is more liberal than other rural areas of PA where OC is more accepted.

[HKusp 45]

Here let's put this in perspective, did he at any time indicate he was teaching in any threatening manner towards his sidearm? No

Did he threaten anyone?... Not according to the article so I'm going with No.

Did he do anything illegal?.... No

Was he asked to vacate the premises at any time because anyone felt threatened? ...No

Really at the end of the day these f***s could have simply asked him to leave with his firearm. Based on the story there were no signs indicating that he couldn't be there with it. In the case they made the attempts to do so then they would be in the right however they didn't.

The judge has now furthered the bastardized our state constitution by basically saying that even though this man was well within his legal pa rights to have his sidearm and carry it, he could read the thoughts of this marine and interpret his intentions and charging him with things that the court could not actually prove other than to say that this must've been his intention.

This type of precedent is bad for all of us. It appears the judge feels he can bypass the facts and come to his own conclusion as to the thought s of another person.

In simpler terms this whole thing is bullshit

[Bang]

As I understand it, this was a trial by jury, the jury found him guilty, and the judge sentenced based upon testimony and guidelines. The judge's personal take on the effects of open carry to a dispute is unfortunately allowable and not unusual (plus he is immune to the results of his input).

We did not hear the testimony leading the jury to its finding of facts, and the judge to remark as he did.

If defendant did nothing illegal, the judge could have directed the verdict. Not sure, but an appeal on that basis may be possible, although I would not trust PA Superior to rule favorably in a gun charge.

[HKusp 45]

As I understand it, this was a trial by jury, the jury found him guilty, and the judge sentenced based upon testimony and guidelines. The judge's personal take on the effects of open carry to a dispute is unfortunately allowable and not unusual (plus he is immune to the results of his input).

We did not hear the testimony leading the jury to its finding of facts, and the judge to remark as he did.

If defendant did nothing illegal, the judge could have directed the verdict. Not sure, but an appeal on that basis may be possible, although I would not trust PA Superior to rule favorably in a gun charge.

Missed the Jury part damn the speed reading, still either way he broke no laws so I'm not sure how it made it to jury. Last I checked we were allowed to dispute bills if we do not agree with them. The fact that someone else was uncomfortable by him exercising his god given right should not have been brought forth as part of this case. He was within his rights.

[TaePo]

Their only saving grace would be if firearms were banned from the premises and that all members sign an agreement to abide by all the rules (which should then be referenced in the contract somehow).

This would indicate some type of intent possibly and definitely trespassing, IMHO. IANAL.

Otherwise, face palm!