Feds oppose sheriff's request to get guns back
Post-Tribune
February 03, 2017
Federal authorities on Friday questioned Lake County Sheriff John Buncich's need to have a firearm to do his job, given they never observed him carrying one at work.
The U.S. attorney's office said that during its three-year investigation into Buncich, federal agents never saw him carry a weapon during his work duties, court documents said, but the sheriff, who was indicted in November, argued that having his firearms are necessary to perform his job.
"Based on these observations, it appears that a firearm is not necessary for Buncich to carry out his official duties," the U.S. attorney's motion said.
Buncich's attorney, Bryan Truitt, last week asked a federal judge to amend the conditions of the terms of the sheriff's bond, which would allow the return of his firearms. When Buncich was released on bond, federal authorities confiscated his firearms.
Truitt argued in his motion that Buncich needs access to firearms to perform his duties as a law enforcement officer and that he's not been charged with a violent crime and does not pose a danger to himself or others.
"During the initial hearing, defendant did not inform the court he needed a gun to perform his job. In fact, he did not dispute any of the bond conditions," the U.S. attorney's motion said. "In the recent motion, defendant provided no insight into why it is now necessary to carry a gun."
The U.S. attorney said that because Buncich is under indictment, federal law prohibits him from taking possession of firearms, court documents said, and taking possession of the guns he surrendered in November would violate that statute.
"Bottom line, he needs his service weapon," Truitt said in an email, adding that Buncich had agreed to the terms so he could be released.
"His possession of firearms does not compromise his risk of non-appearance or a threat to (the) community," Truitt said. "The government suggests nothing to prevent the granting of the petition."
Truitt said there's no harm in returning the firearms, under the statute.
"The government is simply being vindictive because Buncich won't capitulate," Truitt said.
Buncich, former Lake County sheriff's Chief of Police Timothy Downs and William Szarmach, of CSA Towing in Lake Station, have been named in a multicount indictment alleging an illegal towing scheme in which the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich's Boosters, according to court records. All three are facing charges of wire fraud, while Buncich and Szarmach also are charged with bribery.
The sheriff, whose department was in charge of deciding which companies were called for towing services, and the chief allegedly steered business toward towing operators in exchange for cash and checks, the U.S. attorney alleged in a 14-page indictment. Buncich allegedly took more than $25,000 in cash bribes and $7,000 in checks from Szarmach and another towing operator identified as "Individual A," according to the indictment.
Buncich and Szarmach pleaded not guilty during their initial appearances in November.
Downs struck a plea agreement with the U.S. attorney's office, which a federal judge has not yet accepted, admitting he allegedly cooperated with Buncich to solicit bribes from tow truck operators for favorable treatment. In addition, Downs, in the agreement, said he submitted his resignation from the Lake County sheriff's office.
As a part of the plea agreement, Downs would cooperate with federal authorities and provide any information relative to the commission of any crime.
Buncich's trial is tentatively set to start in April.
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