Friday, December 2, 2011

Witnesses Support Car Lunge Threat In Constable's School Gun Draw Charges

By Lisa E. Crowley
BrocktonPost
BROCKTON—All a South Shore constable, his constable father, school officials, witnesses and a dead-beat dad the two well-known constables arrested in the parking lot of Brockton's Trinity Catholic Academy can do is wait for a clerk magistrate’s decision on whether or not pulling out a gun during the arrest should be a criminal offense.
During a probable cause hearing in Brockton District Court Thursday afternoon, Philip McCue, a Plymouth District Court magistrate, after about 90 minutes of testimony from Trinity Catholic School officials—including Principal Cynthia Dunn-McNally and Ward 5 City Councilor Dennis DeNapoli—said his decision would be based on whether the gun draw by constable Adam Loomis was an assault with a dangerous weapon and endangered the two children of the arrested father.
The two charges are felonies and could jeopardize Loomis’ right to carry a firearm and possibly result in the loss of his constable’s license in the communities he operates.
“It’s clear what happened that day is really inexcusable, but whether it rose to criminality…” McCue said at the close of the hearing.
Loomis' defense hinges on whether he was justified in drawing his gun against George Haikal, a former restaurant owner and father of two boys who had been arrested by the Loomis’ in 2008 and 2009, and April, 2011 for nonpayment of child support for his two sons.
Another arrest warrant was issued for Haikal in October for non-payment of $45,000 in child support.
Loomis, standing in front of Haikal’s station wagon, pulled his gun when the car driven by Haikal lunged forward when the constables attempted to make the arrest.
What’s not disputed is that Loomis pulled the gun.
What is in dispute is why, and if brandishing the weapon put Haikal’s two sons, who were in the car and in the process of getting out of the car, when the weapon was pointed over the hood at the windshield toward Haikal.
The arrest warrant allowed Loomis and his father Jerold—best known for his participation in Bobby Brown’s 1997 arrest--the authority to arrest Haikal anywhere in the state, and after spotting Haikal heading to Trinity Catholic in a brown station wagon on Tuesday, Oct. 11 at about 7:15 a.m., the two constables followed Haikal to the school’s busy parking lot.
Loomis, who lives in Rockland and is a licensed constable in Scituate and Weymouth, in a statement read by Quincy attorney William Sullivan and submitted into evidence, said Haikal appeared to know he was being followed because Haikal took evasive and erratic steps to “loose” the constables by taking sharp quick turns without signaling and turning up and down different streets until the trio of vehicles arrived at Trinity Catholic’s Upper Campus at 35 Erie Ave.
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