In a ruling that defies reason, District Court Judge Rhonda Erin Fischer (R-East Norwich) last week sentenced Nassau County Police Officer Richard Hefferon to 150 hours of community service and a $500 fine for pointing his loaded department-issued weapon at a bartender’s head while he was drunk.
In her indefensible sentence Erin Fischer and the District Attorney’s office have undone the county’s work on gun control. How can the police or prosecutors tell the island’s punks that they’ll be doing mandatory time if they get caught with a gun if this police officer walks away with nothing more than a slap on the wrist?
Under the sentence, Hefferon will keep his job and, while on duty, he’ll be allowed to carry a gun. He won’t be allowed to carry an off-duty weapon. Good news for the island’s bartenders. The judge also ordered him to attend substance abuse therapy and not to go near his target, Charles Ball.
Ball was tending bar at the South Main St. Pub in Farmingdale in 2011 when Hefferon pulled an off-duty weapon and aimed it at his head. The entire incident was caught on videotape. There is no disputing what happened. Ball is understandably upset.
The judge herself called Hefferon’s actions “reckless” and “irresponsible” and said it was a “miracle” that he didn’t kill anyone. It’s not a miracle that Hefferon was not charged with a felony and that he is not going to jail. It is predictable.
Hefferon’s attorney said his client “made a mistake.”
It’s a mistake that could have ended with someone getting killed. It’s a mistake that a police officer should not get a chance to make twice.
For the last two years Hefferon has been on restricted duty and has not carried a weapon. Now that his trial is over, he faces department discipline.
The NCPD should do what the judge failed to do. Hefferon should be forced to resign immediately and should never again be allowed to carry a gun for any purpose. At worst he will retire with half-pay and full benefits.
We are supportive of the police and grateful for the dangerous and difficult job they do, but we believe they should be held to a higher standard than the ordinary citizen. And anyone who pulls a loaded gun in a bar and points it at someone, even if he or she is drunk, should expect to spend time behind bars.
While we are on the subject, law enforcement officers should not be allowed to carry an off-duty weapon into a bar or to any event where they plan to consume alcohol. That’s just common sense. Alcohol can impair anyone’s judgment.
If drivers can’t operate a car while drinking a beer, why should police officers be allowed to carry a gun while sitting on a bar stool?
New York has some of the strictest penalties in the nation and for weapons-related offenses – on paper. We have seen in recent years incidents where people visiting New York are caught off guard when they find that they face strict charges and penalties even if they have out-of-state permits.
In New York, these permits are not valid. Ignorance of the law is no excuse, they are told.
The mandatory sentence in New York State for a gun charge has been raised from one year to 3-1/2 years. The next time a defendant in her court takes a plea or is found guilty to a gun-related charge, Erin Fischer will have a tough time applying the state’s mandatory sentence.
Defense attorneys have long memories. They can just say their client made a “mistake.”
