By Michael Shaw ST. LOUIS POST-DISPATCH
Copyright 2006 St. Louis Post-Dispatch, Inc.
Three Illinois State Police troopers are accused in federal court of illegally possessing weapons.
FAIRVIEW HEIGHTS The attorney for a decorated Illinois State Police sergeant charged with illegally possessing a machine gun said Wednesday that he is mystified by the charge against his client.
Tom Keefe, the attorney for Sgt. James Vest, 39, of O’Fallon, said the M4 submachine gun in question was registered to the state police and used by Vest to train other officers.
In addition, the regulations state that for an off-duty officer, “any authorized firearms will be stored in the trunk or the glove compartment of the assigned department vehicle or in the officer’s residence,” according to Keefe.
“These facts are critical,” said Keefe, who is representing Vest along with renowned Belleville lawyers Bruce Cook and Clyde Kuehn. “That rifle was owned by state police. (Vest) is a heavily decorated 18-year veteran. He has commendations coming out of his ears.”
The debate has gone public, with 10 Metro East police chiefs issuing a letter Tuesday recommending leniency for Vest and two other police officers accused in the case. The chiefs’ letter prompted a response from Ed McNally, the U.S. attorney prosecuting them. McNally’s statement says he respects their views, but noted that “several of these chiefs have had to personally make the difficult decision to investigate criminal cases in which their own officers were charged.”
The fact that the U.S. attorney has spoken out about a pending case is unusual. And it prompted Keefe to speak out Wednesday.
“Ordinarily I wouldn’t say anything,” said Keefe, adding that the door was opened with the U.S. attorney’s comments.
Under federal rules, anyone who can pass a background check, pay $200 and file the proper forms can legally purchase one or convert one to automatic fire. Even a ban on “military style” assault weapons lapsed in 2004.
So it’s no surprise that some are puzzled by the charges -- and the possibility of prison time -- for three Illinois State Police troopers accused in federal court of illegally possessing machine guns. Since police officers should easily pass background checks, the crime looks like a mere oversight.
“If that’s what happened, it’s a lapse in judgment,” said John Shanks, director of law enforcement relations for the Brady Campaign to Prevent Gun Violence, of the registration process.
Keefe’s statements, however, appear to be at odds with court documents indicating that Vest said he bought his M-4/M-16 in 1998 in California.
The defense lawyers representing the two other officers, Special Agent John Yard, 36, of Collinsville, Senior Master Trooper Greg Mugge, 51, of Jerseyville, as well as Dr. Harold Griffiths, 69, of Spaulding, Ill., did not comment Wednesday.
The charges carry maximum 10-year prison terms.
February 9, 2006