Bethlehem police seize 16 guns from home after standoff

[Gkgas]

http://www.mcall.com/news/local/all-...l=all-news-hed





Bethlehem police seize 16 guns from home after standoff
Gabriel J. AuBuchon is charged with assaulting his girlfriend.
By Pamela Lehman Of The Morning Call
Police surrounded the home of a west Bethlehem man about 10 p.m. Thursday after his girlfriend, whom he threatened to kill with a shotgun, escaped and warned police he had been drinking heavily and had a large arsenal of weapons, authorities said.

Her 911 call led to a tense six-hour standoff during which several nearby homes were evacuated until Gabriel J. AuBuchon, 28, surrendered, police said. Officers found a ''large amount of firepower,'' including 16 handguns, shotguns and rifles, plus a gas mask and dozens of boxes of ammunition in the attic of AuBuchon's home at 349 Sixth Ave.



Mobile News | Subscribe Online | Order Reprints
Lehigh Valley Local Links

Though AuBuchon has not been charged with any weapons offenses, police have asked the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to help them investigate where the weapons came from.

AuBuchon, who had worked as a clerk selling guns, was arraigned Friday before District Judge Wayne Maura on charges related to the fight with his girlfriend and is in Lehigh County Prison under $100,000 bail.

Police said they acted warily because of the arsenal. Tony Robbins, assistant special agent in charge at the ATF field division in Philadelphia, said it doesn't appear any of the weapons AuBuchon had were illegal. Among the items seized was a 37 mm launcher for flares, smoke or gas rounds.

"The weapons aren't something you come across every day," said Bethlehem police Lt. Joseph Kimock. "It was a large amount of firepower." Police said AuBuchon's girlfriend, Clarissa McWhorter, 28, no address given had minor injuries after a fight with AuBuchon and, as she fled the home, told police he was "very familiar" with firearms, according to court documents.

"We knew he had a large amount of firepower in there, and we were prepared to wait things out," Kimock said. Neighbor Kim Hoffner said the standoff in the typically usually quiet, tree-lined neighborhood was a troubling experience for her family.

"I have two children, and you can't help but worry when something like this happens so close to home," she said Friday morning. "There were officers everywhere, and they really handled the situation well. It could have been a lot worse."

Police said AuBuchon worked at the Army and Navy Store in Whitehall Township. A man who answered the phone and would only identify himself as a spokesman said AuBuchon had worked as a gun clerk for a few months and passed background checks.

AuBuchon might have served in the Army, police said, and McWhorter told them that he was being treated for depression by the Department of Veterans Affairs. According to an arrest affidavit:

McWhorter said she arrived at AuBuchon's home about 5:30 p.m. Thursday and he had been drinking heavily. She said they got into an argument about his drinking problem as AuBuchon sat at the kitchen table with a firearm court document did not state what type of weapon that he pointed at his head and in his mouth as he threatened to kill himself.

AuBuchon pulled out a shotgun and told McWhorter he would shoot her. McWhorter told police she took the shotgun from him and went into another room to call a friend. AuBuchon took her cell phone and smashed it against a wall.

McWhorter said she went to the attic of the home where AuBuchon lives and he followed. She told police AuBuchon threw her down, pinned her to the floor and smacked her across the face. She said he left the room and retuned with an "Uzi-type" weapon that he held to her head.

McWhorter got away and tried to call 911 from a phone in another room. She said AuBuchon pulled the cord from the wall, but she replaced the cord in the phone and dialed 911.

As McWhorter called for help, police said AuBuchon climbed the stairs again into the attic and refused to leave. Police surrounded the home and called in members of the department's emergency response and crisis negotiation teams to assist.

AuBuchon is charged with simple assault, possession of instruments of crime, terroristic threats and reckless endangerment. He faces a preliminary hearing Friday.

[jsb889]

Some people just can'dt handle the responsibility of owning a gun. Its a shame...

But, whats this? possession of instruments of crime. Now, I never heard that one before. What exact was the instrument of crime? If its simply a gun...wouldn't we all be going against the law? Or was it that 37mm? Either way...I really don't like that sentence. Sounds like they can slap it on any gun owner they want!

[crazyyankee]

I also would like to know what the "instruments of crime" where. The article says that none of the weapons seemed to be illegal. I'm sure there is something the media either missed or is not telling us to suit their needs. If not then we as gun owners are in deep trouble. If they can charge you with possesion of an "instrument of crime" just for having a firearm. Just my humble opinion.

[knight0334]

He used a firearm as a tool while in the commission of a crime. The charge is legit, and well founded in this case.

§ 907. Possessing instruments of crime.

(a) Criminal instruments generally.--A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

(b) Possession of weapon.--A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c) Unlawful body armor.--A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has the control, custody or possession any body armor.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Body armor."
Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.
"Instrument of crime."
Any of the following:

1. Anything specially made or specially adapted for criminal use.
2. Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

"Weapon."
Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

[crazyyankee]

Ok, I understand now where they are getting the "instruments of crime" charge. So basicly if you anything as a weapon in the commission of a crime it(the weapon) becomes a "instrument of crime".

Thanks for the info.
Mike

[KeithPA]

(a) Criminal instruments generally.--A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

Your quoting the wrong one. It should be this (above). He didn't conceal a firearm by pulling it on his girlfriend.

[knight0334]

yeah that.. ^^ thats what I meant to bold..

either way, he employed a weapon in an illegal manner.

[JoeWilliams]

Some people just can'dt handle the responsibility of owning a gun. Its a shame...

But, whats this? possession of instruments of crime. Now, I never heard that one before. What exact was the instrument of crime? If its simply a gun...wouldn't we all be going against the law? Or was it that 37mm? Either way...I really don't like that sentence. Sounds like they can slap it on any gun owner they want!

Instrument of crime = shotgun he is alleged to have threatened his girlfriend with. So no, simply possessing a gun is not possession of an instrument of crime. OTOH, if I threaten to shoot my wife with my SP101, that would change.

[MTechnik]

Instrument of crime = shotgun he is alleged to have threatened his girlfriend with. So no, simply possessing a gun is not possession of an instrument of crime. OTOH, if I threaten to shoot my wife with my SP101, that would change.

She said he left the room and retuned with an "Uzi-type" weapon that he held to her head.

I also think this is another action where a gun becomes "an instrument of crime"

Fortunately or unfortunately this case becomes a "her story" vs "his story" (which becomes "his lawyer" vs "DA") kind of thing, and someone could easily be screwed over by a lying caller.

[bigbear]

I think is sucks when anyone is arrested and the news media reports crap like, "And several firearms and two hundred and fifty rounds of ammunition were found as well."

So what? I can think of numerous people that own more then one gun, and the sensationalism of the news reporters to say whatever amount of ammunition like it's piles and piles and piles of bullets sitting in the living room or something.

Years ago, when I was in high school, I bought a brick of 22 ammo for target practice. One thousand rounds, just to shoot at paper. The next day, I went to one of my leftist aunt's houses for dinner, and during dinner, she asked what I had done lately. I told her about the ammo purchase, and her ignorant, uninformed response was, "What do you need all of those bullets for? Are you trying to start a war?"

So someone has 16 guns and ammo for them? What if they have 6 or 60? Who cares? The only thing that does is makes the news media's ratings go up.