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SAN ANDREAS - A judge Monday ordered millionaire buffalo rancher Dale Buller to stand trial on nine weapons charges, including charges that a machine gun and illegal assault weapons were among the 609 guns seized in January at Buller's home between Glencoe and Rail Road Flat.
Judge Duane Martin ordered Buller held over for trial after a preliminary hearing in which the defense and prosecution clashed over whether Buller's guns were antiques.
Buller, 79, attended the hearing in a wheelchair pushed by his wife, Delores. Unlike at his bail hearing, when he raised his voice and argued with Martin, Buller was largely silent, communicating only in a low voice with his attorney, Ken Foley of San Andreas.
Foley ripped into the state special agent who was the hearing's only witness for failing to say specifically why he believes each of the guns involved was illegal.
Under cross-examination, Special Agent Mark Lagarejos of the California Department of Justice said repeatedly that he believed the guns were assault weapons but that he couldn't show exactly what made them assault weapons under the law unless he had the gun available for examination.
Lagarejos also said he and several other agents, including his supervisor, worked to inventory the guns and said he was relying in part on his supervisor's evaluation of the weapons.
The gun in the first charge against Buller is a Colt AR-15 A2 Sporter II.
California lawmakers passed a definition of assault rifles after the 1989 Cleveland School shooting, in which five children died in a hail of semiautomatic rifle fire in Stockton, and that definition lists guns in the Colt AR-15 series as assault rifles. Many other gun models are not named specifically but may be considered assault weapons based on characteristics, including whether they can be fitted with bayonets.
Foley objected that the law did not specify the Colt AR-15 A2 Sporter II, but Martin said lawmakers clearly designated the entire Colt AR-15 series when they passed California's assault weapons ban.
Later in the hearing, Lagarejos looked at a photograph of the Colt and a Bushmaster rifle and said both had characteristics that make them assault weapons, including bayonet lugs, detachable ammunition magazines, pistol grips and flash suppressors.
Lagarejos also said he tested the Astra 902 machine pistol that is the basis of the third charge against Buller - possession of a machine gun. Lagarejos said he did the test Feb. 18 to confirm that the weapon was a machine gun.
"It was able to shoot three rounds with one pull of the trigger," Lagarejos said.
Lagarejos said the machine gun and the other weapons are being stored at state Bureau of Firearms headquarters in Sacramento.
Foley challenged Lagarejos to offer evidence that the Astra 902 was manufactured after Jan. 1, 1899. That's because under California law, guns made before that date are considered antiques and thus are legal to own.
"I don't believe these are antique weapons," Lagarejos said.
"But you can't say for sure," Foley responded.
"Not at this moment," Lagarejos admitted.
Foley cited that answer in urging Martin not to hold Buller over for trial.
Martin, however, ruled that the prosecution presented enough evidence to do so.
Buller is scheduled to return to court May 19 for further arraignment
Judge Duane Martin ordered Buller held over for trial after a preliminary hearing in which the defense and prosecution clashed over whether Buller's guns were antiques.
Buller, 79, attended the hearing in a wheelchair pushed by his wife, Delores. Unlike at his bail hearing, when he raised his voice and argued with Martin, Buller was largely silent, communicating only in a low voice with his attorney, Ken Foley of San Andreas.
Foley ripped into the state special agent who was the hearing's only witness for failing to say specifically why he believes each of the guns involved was illegal.
Under cross-examination, Special Agent Mark Lagarejos of the California Department of Justice said repeatedly that he believed the guns were assault weapons but that he couldn't show exactly what made them assault weapons under the law unless he had the gun available for examination.
Lagarejos also said he and several other agents, including his supervisor, worked to inventory the guns and said he was relying in part on his supervisor's evaluation of the weapons.
The gun in the first charge against Buller is a Colt AR-15 A2 Sporter II.
California lawmakers passed a definition of assault rifles after the 1989 Cleveland School shooting, in which five children died in a hail of semiautomatic rifle fire in Stockton, and that definition lists guns in the Colt AR-15 series as assault rifles. Many other gun models are not named specifically but may be considered assault weapons based on characteristics, including whether they can be fitted with bayonets.
Foley objected that the law did not specify the Colt AR-15 A2 Sporter II, but Martin said lawmakers clearly designated the entire Colt AR-15 series when they passed California's assault weapons ban.
Later in the hearing, Lagarejos looked at a photograph of the Colt and a Bushmaster rifle and said both had characteristics that make them assault weapons, including bayonet lugs, detachable ammunition magazines, pistol grips and flash suppressors.
Lagarejos also said he tested the Astra 902 machine pistol that is the basis of the third charge against Buller - possession of a machine gun. Lagarejos said he did the test Feb. 18 to confirm that the weapon was a machine gun.
"It was able to shoot three rounds with one pull of the trigger," Lagarejos said.
Lagarejos said the machine gun and the other weapons are being stored at state Bureau of Firearms headquarters in Sacramento.
Foley challenged Lagarejos to offer evidence that the Astra 902 was manufactured after Jan. 1, 1899. That's because under California law, guns made before that date are considered antiques and thus are legal to own.
"I don't believe these are antique weapons," Lagarejos said.
"But you can't say for sure," Foley responded.
"Not at this moment," Lagarejos admitted.
Foley cited that answer in urging Martin not to hold Buller over for trial.
Martin, however, ruled that the prosecution presented enough evidence to do so.
Buller is scheduled to return to court May 19 for further arraignment
).Just 1.5 cents
Good Job to the Special Agents that got this thug off the streets
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