Slaying suspect denied gun permit 3 times before getting 2007 OK

Slaying suspect denied gun permit 3 times before getting 2007 OK

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Thread: Slaying suspect denied gun permit 3 times before getting 2007 OK

  1. #1
    Member Array jbone's Avatar
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    Slaying suspect denied gun permit 3 times before getting 2007 OK

    Not sure if this is posted already. Did a search and didnt find anything.

    Slaying suspect denied gun permit 3 times before getting 2007 OK | democratandchronicle.com | Democrat and Chronicle

    The suspect in four weekend shooting deaths was denied a pistol permit three times in the past 15 years, each time seeking a hearing without relief until 2007, when a judge finally gave Frank Garcia the right to carry a concealed weapon.

    Garcia, 35, of Hamlin served in the New York Guard, a volunteer force, and purported to be qualified as an expert in various assault rifles and handguns. He also had letters of reference, from the Guard and from his employer at the time, Wesley Gardens.

    And he had a rap sheet, with arrests for assault, harassment and criminal possession of a weapon in his late teens and early 20s, according to records obtained by the Democrat and Chronicle. The outcome of those arrests is unclear.

    But the prior arrests what Garcia called "a scratched past" in a 2001 letter to the court are what stopped him from getting a permit in 1995 and 2001, and what nearly stopped him again in 2007, records show.

    After initially being denied, he sought his entitled hearing and the permit was granted, the reversal coming from judicial hearing officer and retired longtime judge Charles Maloy. County Court Judge Richard Keenan, who initially denied the permit, had the right to review the case but signed the permit in April 2007.

    "It's easy to second-guess it, knowing what we know now," said state Supreme Court Justice Thomas VanStrydonck, administrative judge for the 7th Judicial District. "But that would be unfortunate second-guessing. I'm not even sure that denying him a pistol permit would have denied him a pistol."

    Two years later, this Valentine's Day, Garcia allegedly opened fire with a .40-caliber Glock pistol in the Lakeside Memorial Hospital parking lot in Brockport. He had recently been fired by the hospital. Police say he shot three people there, killing two, and later shot a married couple execution-style inside their Canandaigua home.

    A pistol permit is required to own a handgun in New York state. Applicants must pay an initial $5 for the application form, complete fingerprint cards and get a photo. They then pay $105 to submit the application, a fee that officials say covers the cost of background checks conducted by law enforcement and mental health officials.

    From application to approval, the process can take about one year, officials said.

    In his third application, dated April 28, 2006, Garcia said he wanted the permit for "competition, target shooting, personal protection, employment."

    Garcia at the time was a part-time nursing supervisor at Wesley Gardens nursing home in Rochester. In a recommendation letter dated Feb. 6, 2007, the center's nursing director, Lorraine Decker, wrote that, "Frank is very professional, thorough, and reliable. Frank has a strong work ethic, as well as strong family values."

    Decker could not be reached for comment.

    Another reference letter, dated Jan. 20, 2007, came from Bill Robinson, an official with the New York Guard. Robinson wrote that Garcia, "believes in God, respects people and takes life very seriously." And, he said, Garcia was a "level-headed, calm, easygoing guy." According to the letter, Garcia enlisted in the Guard for three years in 2001, assigned to a military police unit at the Culver Road Armory, and while serving qualified as an expert with the AR-15, AK-47, Glock 23 and M9 handgun.

    Reached Wednesday evening by phone, Robinson said he was shocked by the accusations against Garcia.

    "Anyone would have signed for a pistol permit for him," Robinson said. "He was a nice, easygoing guy and this is so out of character for him."

    Keenan declined comment because Garcia's case, which was to go to a grand jury as early as Wednesday, could be assigned to his court. Maloy could not be reached for comment. VanStrydonck noted that New York has some of the strictest gun ownership laws in the nation, and that few homicides are committed with licensed guns. As for Garcia, VanStrydonck said, "He had quite a few vouching for him, and he was a veteran."

    Garcia had a lawyer at that February 2007 hearing, Charles Schiano Jr. Reached Wednesday, Schiano declined comment.

    The references were all made at least two years before last weekend's homicides.

    In separate letters to the court, seeking hearings after his denials, Garcia provided greater insight into his childhood and his beliefs. He talked about getting in with a bad crowd as a teenager but eventually leaving those friends behind and focusing on school. He wrote in May 2001 that he enjoyed spending time with his children and studying "the organic Constitution and the Bill of Rights.

    "But the most I do is study + analyzing the documents of our founding fathers (Federalist papers)."

    Living at the time in northeast Rochester, near the Public Market, he writes of needing to protect himself, because "95% of the time those (police) are in pursuit of the perpetrator and 5% arrive late when needed." He concludes by referencing the New World Order and signs the letter "X. F. Garcia II, a sovereign citizen of the Republic of New York and not a global citizen."

    Rochester police, noting that Garcia had left out most of his criminal history, recommended denial concluding "omission of fact, lacks moral character." The Monroe County Sheriff's Office would reach the same conclusion in 2006, a hand-written investigative note listing off the other arrests he left out. Garcia argued that he had not repeated the error, claiming it must have gotten lost.

    Funerals begin today for the victims of last weekend's shootings. Two of those killed were Garcia's former co-workers, at Lakeside's Beikirch Care Center and at Wesley Gardens. Garcia so far has only been charged in the Brockport shootings. Ontario County authorities expect to file charges next week. Officials have not commented publicly on a possible motive.

    Ceferino Rodriguez of Rochester grew up with Frank Garcia in the city neighborhoods near Portland and Clifford avenues. He said Garcia was his first friend when he moved here from Puerto Rico at age 8.

    "We always looked out for each other and thought of each other as brothers," Rodriguez said.

    The crimes Garcia is accused of don't match the Garcia he has known, said Rodriguez, now 34.

    "He was a good person and never showed any anger toward anyone and wasn't violent," said Rodriguez, who gladly said "yes" when Garcia asked him in 2006 to be a character reference on his pistol permit application.

    "He stayed out of trouble and at the time I didn't see any reason for me to say no," he said. "Frank was always out of trouble. He was always working and being at school. Sure, he could use me as a reference."

    Rodriguez said Garcia last visited a little more than a year ago.

    "He was doing fine and doing well. He was happy. He had a wife and kids. He was a normal person, telling me how he got his R.N. and finished school," he said. "When I heard what happened, I was shocked and really disappointed. I never expected him to do something like that and would like to get some answers."


  2. #2
    Distinguished Member Array tinkerinWstuff's Avatar
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    There's just getting to be too many rats in the cage
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

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    Member Array ChiWeiSz's Avatar
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    WTH? So, is he a bad egg, or unjustly accused?

    Seems too many times to be in the wrong place at the wrong time.
    Trying to leave as large a carbon footprint as possible.
    Shivering in the "heat"
    Innocent as doves, wise as serpents, armed like wolves.

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    Member Array jbone's Avatar
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    it seems kinda like he was someone who cleaned himself up after some trouble when he was young. Then two years after he gets his pistol license he lost his marbles.

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    Quote Originally Posted by jbone View Post
    "I'm not even sure that denying him a pistol permit would have denied him a pistol."
    Yep.

    That's why denying pistol permits is dumb.

    Only the GGs are denied a handgun. See: http://www.defensivecarry.com/vbulle...uspension.html

    The BGs are not deterred. Just look south of the border to confirm that.
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    VIP Member Array AllAmerican's Avatar
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    Quote Originally Posted by jbone View Post
    it seems kinda like he was someone who cleaned himself up after some trouble when he was young. Then two years after he gets his pistol license he lost his marbles.
    Yeah that sounds about right. He would have done this with or without the permit.
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    Sounds like he tends to deal with issues out of anger even in his past,when he feels wronged he needs to get even.This would be a case against why anybody with a violent felony should never legally be allowed to have a gun.I've known a few people in the past that would be smiling at you while they are thinking how you would look with a knife plunged in your eye
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    VIP Member Array Janq's Avatar
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    Agreed Duk.

    A sad case and very unfortunate, but as others stated dude would have gone off the hook regardless. A pistol permit is not the key element toward crazy people going crazy and doing crazy things.
    Sane people with pistol permits, and who largely have no history of violent crime in their background, very much do not tend to go crazy even as they may in person seem gruff or quite personable as was reported with this dude.

    Further yet another example of what on body carry at home is not unwise.
    The couple might have had a fighting chance if they had fought, and had lawful applicable means to do so. :|

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  9. #9
    Distinguished Member Array nutz4utwo's Avatar
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    "It's easy to second-guess it, knowing what we know now," said state Supreme Court Justice Thomas VanStrydonck, administrative judge for the 7th Judicial District. "But that would be unfortunate second-guessing. I'm not even sure that denying him a pistol permit would have denied him a pistol."
    Sounds like a pretty smart judge. Smarter then the reporters at least.

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