Monday, April 05, 2010

Joseph Elcavage and Conduct Unbecoming to an Elected Official in New Jersey.

April 5, 2010 at 2:00 P.M. An illegal advertisement falsely attributed to "Ads by Google" was just posted at this blog:

"Pregnant Look @ Adoption, We have a secure and lovely home available for your child. Call now. http://www.ericandscott.com/ "

I am pro-choice.

April 5, 2010 at 1:20 P.M. This essay was posted earlier this morning. Spacing has been affected, letters were added to words, other inserted "errors" must be expected at the hands of persons making use of New Jersey government computers.

Matt Fagan, "Pistol-Packing Ex-Councilman Won't be Tried -- .45 Went Off in Front of Teens," in The Bergen Record, April 1, 2010, at p. L-3.

This little episode in New Jersey judicial and legal lore concerns the Honorable Joseph ("Joey-the-triggerfinger") Elcavage.

" ... Elcavage was arrested in July after he called the police when he found three men, ages 18 and 19, in his house talking with his stepdaughter, 15, and her girlfriend, 16, in the early morning hours. Elcavage said he approached the men armed."

Think about an African-American caught pointing a gun, firing the gun at teenagers "fraternizing" with his daughter. What do you think would happen to that defendant? 20 to life?

This article is silent concerning whether this firearm was registered or whether the defendant was licensed to carry the weapon even if it was licensed or registered. I doubt that the suspect possessed a "permit to carry" the pistol.

Civilly, an assault takes place if I point a gun at you. Aggravated or criminal assault may take place if I fire the weapon. A crucial consideration is whether you have been "placed in reasonable apprehension of imminent physical harm." I wonder what happened to this former West Milford Councilman, Joseph Elcavage?

West Milford is roughly Ridgewood with the bodies buried in the backyard rather than the front yard. The answer to my question is nothing happened to this Jersey Guy who had the little situation "took care of." Spacing between paragraphs has been affected by New Jersey's hackers and other alterations of this text must be expected at all times. Never a dull moment, right?

" ... 'I did have a gun, but I never threatened them physically, didn't threaten them verbally, nor did I point the gun at them,' Elcavage said. 'I believe I acted prudently and within the law while protecting my family.' ..."

The young men involved in the incident were too scared to talk to cops. The canolis were rescued by local police.

"He added that the whole situation would have been defused once the police arrived" because, allegedly, Mr. Elcavage believes (correctly) that the cops are his kind of people.

The only minor inconvenience was "the 'accidental' discharge of the .45-caliber automatic ["How did that get there, geez?"] he was holding."

"Elcavage was then charged with aggravated assault as well as three counts of criminal restraint and one count of tampering with evidence. He was charged with tampering with evidence for trying to unload the weapon." (emphasis added)

Did Mr. Elcavage try to "unload the weapon" accidentally?

After interviewing this "dapper gentleman" for about a half hour, the grand jury decided that this "little thing here ain't nothing." What the hell, you know? It's not like this guy is black or nothing. ("Driving While Black [DWB] in New Jersey.")

Mr. Elcavage was represented by one Richard ("the Mouthpiece") Baldi, Esq. who is still owed a little something for his services which, I am sure, that Mr. Baldi will be happy to receive in nice dresses for his wife from the back of a truck in Paterson.

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