Schectman files

Men charged in gun theft to appear in federal court May 5
by Christine Bensen-Messinger, 4/27/2006

Family and friends gathered at the Federal Courthouse in Eureka Wednesday afternoon to attend the detention hearing of the four men arrested and charged in connection with the theft of more than 50 firearms and other weapons from Grundman’s Sporting Goods store in Rio Dell.

The men, Rio Dell residents Jesse James Green, 25, William Eugene Mulligan, 19, and Justin Garcia, 23, and Fortuna resident Jacob Allen Hines, 20, were arrested last week.

Green, Mulligan and Hines were arrested at Hansen’s Truck Stop on Sandy Prairie Road, after investigators received information that they were planning to be in the area to sell several of the stolen firearms.

During the arrest they were found to be in possession of six of the guns, including one that was later determined to be loaded.

Garcia was arrested without incident in the 500 block of First Avenue in Rio Dell. Warrants served at the residences of Garcia and Mulligan turned up approximately 50 firearms, three crossbows, two compound bows and other evidence that appeared to be from the burglary.

The four men are charged by the U.S. Attorney’s Office with one count of possession of stolen firearms. If convicted the men face a maximum sentence of 10 years in prison and a $250,000 fine.

During the hearing, based on pretrial reports and arguments from Tracy Brown of from the U.S. Attorney’s Office, Judge Nandor Vadas ruled that Mulligan could be released to a halfway house with a unsecured $100,000 bond with two co-signers, Hines was granted permission to be released to a halfway house or residential drug rehabilitation program with a $50,000 unsecured bond with one co-signer and Garcia was granted release with a $50,000 bond with one co-signer.

The reason for Mulligan’s higher bond was because Brown argued that Mulligan was an admitted gang member in Sacramento who an informant said was planning to flee the area prior to his arrest.

“Mr. Mulligan …appears to be the leader of this gang,” she said.

Brown said there are also approximately six guns that are still unaccounted for and she said she was concerned that he knows where they are and would take possession of them if he is released.

She said he also has a juvenile rap sheet, which his attorney Neal Sanders said consisted of all “minor matters.” Sanders also stressed that Mulligan has not been arrested since he became an adult.

“Your client is only 19,” Vadas said.

Sanders said that means he had two years with nothing on his record.

Brown said she was also concerned about information she received that earlier in the day Mulligan got into a fight with another inmate at the jail and officers had to use pepper spray to subdue them.

Sanders said he did not feel comfortable discussing that matter because he had not heard about it before Brown mentioned it.
“Jail is a violent place … and a lot of times the defendant has to respond,” Sanders said.

Green was the only man involved in the incident who was not given the option of posting bond.

Brown said Green has two felony convictions, two probation revocations and two outstanding bench warrants, as well as being in possession of a loaded gun and attempting to flee when officers arrested him.

She said she was also concerned that Green was a transient who did not have a permanent residence. His attorney Lawrence Killoran said that was not completely true. He said Green’s mother said he could stay with her and that she would co-sign his bond.

“I request that he be detained,” she said.

Vadas declined Killoran’s request for his release because he said he agreed that Green poses a flight risk and danger to the community.

Eureka-based attorney Manny Daskal represented Garcia and Arcata-based attorney Steven Schectman represented Hines.

The four men are scheduled to appear in federal court in San Francisco May 5, at which time federal prosecutors will be appointed.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.