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Judge tosses gun-possession charge against Coast Guard officer
By Oliver Mackson
May 29, 2008
GOSHEN — A judge on Thursday threw out a felony gun-possession charge against a Coast Guard member from Newburgh, ruling that he’s covered by a federal law that allows cops to carry their weapons in any state.
Newburgh city police arrested Petty Officer Benjamin Booth last year, after finding a loaded semiautomatic handgun in his car. In a five-page decision that was made public late this afternoon, Orange County Court Judge Robert Freehill ruled that Booth is covered by the Law Enforcement Officers Safety Act of 2004. He carries a weapon while on duty, he’s authorized to make arrests and “generally take part in law enforcement duties as part of his duties as a boarding officer with the Coast Guard,� the judge wrote.
And while Booth didn’t identify himself as a Coast Guard officer when he was arrested, he was carrying two Coast Guard IDs that police found in his clothing after he was stopped.
“This is a very good day for Mr. Booth,� said Bill Wolfe, one of the lawyers who defended him. “Now he can get back to living his life and hopefully, resume his duties with the Coast Guard and continue to keep New York Harbor and America safe.�
Orange County prosecutors hadn’t seen the decision last night and couldn’t say if they’d appeal.
Booth is still contesting a federal firearms charge that’s pending in U.S. District Court in Brooklyn.