From the Delco Times. Click the Link to read the comments of the bottom

http://www.delcotimes.com/articles/2...3574569477.txt



By ROSE QUINN
rquinn@delcotimes.com

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DARBY BOROUGH — A borough man described by his attorney as a law-abiding “Second Amendment gun enthusiast” and his wife were held for court Friday on child endangerment, risking a catastrophe and evidence tampering offenses.

Joseph Grayer, 37, and Deonyse Mapp, 29, of the 200 block of Golf Road, were arrested the day after their 4-year-old son was hospitalized in July 2009 with a gunshot wound to his hand so severe authorities likened it to “having gone through a meat grinder.”

Six months after the incident on Golf Road, a Philadelphia physician testified Friday at the preliminary hearing for the couple, saying he believed their son suffered a bullet wound, a blast-injury fired at close range.

Exactly how that injury was inflicted, neither Dr. Benjamin Chang, a plastic surgeon at Children’s Hospital of Philadelphia, nor two borough police officers who investigated the case early on, could not say with certainty.

Neither Grayer nor Mapp were charged with inflicting the actual injury on their son. Criminal conspiracy charges filed against both defendants were dismissed, as well as firearms not to be carried without a license. Both were also held for court on a small amount of marijuana offense.

Chang was the first of three witnesses presented by Delaware County Assistant District Attorney Matthew DeNucci during the special-listed hearing before Magisterial District Judge Leonard V. Tenaglia.

Between testimony and other evidence, including photographs and a stipulated inventory list of nearly 40 items confiscated during a search, the prosecutor spent nearly two hours offering a glimpse into the family home. Namely, the two recovered but other unaccounted-for weapons the couple are legally permitted to possess, “thousands of rounds” of ammunition and target shooting in the basement — all of which he suggested created a reckless and dangerous environment for the injured boy, as well as a 7-year-old sibling with special needs.

Grayer’s attorney, Kevin T. Coyne, maintained the boy’s injury was the result of “a bad and unfortunate” accident, and said his client was a “Second Amendment gun enthusiast” who was legally permitted to have the firearms that authorities have now come to question.

“Sometimes children get into stuff, despite your best efforts,” Coyne said.

Mapp’s defense attorney, Elizabeth Curran McLaughlin, said Mapp was at work the night of July 26, 2009, and should not be facing any charges.

“My client wasn’t even home during the incident,” she said.

Borough Anti-Crime Officer Michael Miller testified an investigation began after police were notified about a child with a gunshot wound at Children’s Hospital of Philadelphia. The child was transferred to CHOP from Delaware County Memorial Hospital after it was determined the injury required a plastic surgeon.

According to the arrest affidavit, police were notified July 27 at 1:16 p.m. At that time, police were told Grayer was at the hospital, and that Mapp had been there but left.

The affidavit, written by Lt. Richard Gibney, who did not testify at the hearing, stated both Grayer and his son told investigators the injury resulted from a cut. Later, according to the affidavit, the boy told Officer Brian Pitts that the weapon in Pitts’ holster matched “the thing” he cut himself with, and made a “real loud bang” noise when it happened. The boy said he was playing in his mother’s room, in her dresser drawer.

“You know my secret?” the affidavit quotes the boy saying to Pitts at CHOP July 27, 2009. Authorities said the injury occurred July 26.

Prior to the hearing, Police Chief Robert Smythe described Grayer and Mapp as being “uncooperative” during the investigation.

On the stand, Pitts testified he went to CHOP to speak to the boy about his injuries. The officer did not go into the details described in the affidavit.

Pitts said he spoke with the child after a search warrant had been executed at the house, in the 200 block of Golf Road. At that point, neighbors had already told police about loud bangs like gunfire coming from the direction of the basement, in rapid succession. There were also reports of alleged marijuana use in the house.

Both defense attorneys stipulated to the list of items recovered from the house during the search.

Police searched the house shortly before 6 p.m. on July 27, the affidavit states.

Among the items recovered were a bolt action .22-caliber rifle found against a child’s dresser, and a .22-caliber revolver found in a child’s laundry basket, both in the children’s bedroom on the second floor.

Also recovered from a rear bedroom used for an office: A loaded magazine with about 30 rounds on a top desk, various boxes of bullets, an operation manual for an AK-47 assault rife, and a black box with green vegetable matter inside.

Recovered from a rear bedroom: A .45-caliber bullet and paddle holster and a .380-caliber magazine with seven bullets.

Found in the living room was a Butler Creek gun scope.

Recovered in a coat pocket in a first-floor closet was a loaded .40-caliber magazine.

Among numerous items in the basement were an Aris handle for an AR-15 assault rifle, multiple bullets, assault clips, shotgun shells and a box containing seven bottles of black powder. Also, four targets used on the back door, and a plastic tub filled with about 5,000 used shells.

On the stand, Chang couldn’t say whether the boy’s injury resulted from a handgun or rifle. He also said he had no idea as to its caliber. There were no bullet fragments seen by him or in an X-ray, though Chang said that would not be unusual for “a through-and-through” wound, such as the victim’s.

Additionally, Chang said during cross-examination that the boy’s tissue matter sent to the lab did not test positive for gun power. He also said such residue could have been washed away during the boy’s wound care preparations and as such, it did not sway his expert opinion that the injury was consistent to a close-range discharge.

Perhaps the most compelling testimony was offered by Officer Miller. He said a brief exchange between the couple was tape-recorded while they were jailed at Darby police headquarters July 27. The tape was not played in court.

“Did you get the guns out?” the officer said Grayer asked Mapp. She responded, “yes.”

In closing, DeNucci said he believed Mapp returned at some point to the home and not only cleaned blood and tissue where the shooting occurred, but removed a .40-caliber Glock” handgun they believe was used in the shooting.

Two .40-caliber weapons purchased by Grayer remain unaccounted for, according to authorities.

DeNucci said Coyne’s characterization of Grayer as being a Second Amendment gun enthusiast was “insulting to gun enthusiasts.”

In addressing bail, DeNucci said that one of the conditions of bail for the couple was the return of weapons. Noting that condition had not been met, DeNucci asked the judge to increase bail, but was denied.

Tenaglia did add as a bail condition that the couple should not be in possession of any firearm pending the case.

Also under conditions of bail, Grayer and Mapp are permitted only supervised visits with their children, under the direction of Delaware County Children and Youth Services.

Chang said as of their last visit, the boy was recovering well, and is able to use his hand for gripping. But determining any lingering numbness is hard at his age, the doctor said.

Friday night, Smythe remained concerned about the missing weapons.

“There are a number of weapons that are still out on the street,” he said.

Formal arraignment is scheduled March 4.