02072017 - News Article - Lake County, Ind., sheriff wants his guns returned while fighting bribery charges

Lake County, Ind., sheriff wants his guns returned while fighting bribery charges

Post-Tribune

February 07, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-guns-release-st-0206-20170206-story.html

Attorneys continued to spar over the release of Lake County Sheriff John Buncich's guns on Monday, arguing that federal authorities' opposition to the request is retribution for the sheriff not taking a plea deal.

The U.S. attorney's office filed a motion Friday in opposition to the release of the sheriff's guns and questioned the necessity of his having a service weapon since agents never saw him carrying a weapon, according to court documents.

But attorney Bryan Truitt said, in a response filed Monday, Buncich always carried a weapon while on duty.

"This is false. Buncich wore a firearm continually throughout his service as sheriff," Truitt wrote in his response. "He kept a gun in his pocket as well as his sock. He always was armed with a service weapon."

The U.S. attorney's office declined to comment on the filings.

Truitt 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 the 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.

Federal authorities Friday questioned Truitt's contention, according to court documents, and stated that during their three-year investigation, they never observed him carrying a firearm.

The U.S. attorney said that since the sheriff is under indictment, federal law prohibits him from taking possession of firearms, and taking possession of the guns he surrendered in November would violate that statute, court documents said.

In Truitt's response, he said that federal authorities did not address the fact that Buncich is not charged with a violent crime and does not pose a danger to himself or the community, and are attempting to bully the sheriff into pleading guilty.

"The facts are so different than Buncich's request as to only expose the vindictiveness and desperation of the government because Buncich won't plead guilty," Truitt's response read. "He won't plead guilty because he is not, in fact, guilty of anything."

Buncich, former Chief of Police Timothy Downs and William Szarmach, of CSA Towing in Lake Station, were 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.

"Buncich persists in his innocence and as a result the government opposes his motion, has not provided any discovery and refuses to release his personal documents (either original or in copy)," Truitt's response said. "The government cites no risk of non-appearance or public safety in its opposition. It makes a ludicrous argument that if he takes possession of items taken from him (which he possessed and properly owned at the time of indictment), he is violating federal law."

"That the government's response, on its face, belies the frivolity and meritless nature of their position," Truitt wrote. "This is a continued attempt at intimidation to attempt to gain a guilty plea from Buncich."