State trooper loses bid to regain gun

By John Estrella, Standard-Times staff writer

NEW BEDFORD--A state trooper lost a bid to gain access to his guns yesterday when a district court judge ruled in favor of the brother the trooper was charged with shooting in 1992.
Trooper George MacLeod III, 44, of Buzzards Bay, asked the judge to overrule the portion of a restraining order granted June 30 that stripped him of his guns.

"I'm not persuaded there is enough evidence" the guns are needed for the trooper to keep his job, Judge John B. Leonard said during a hearing.

Trooper MacLeod was never convicted of shooting his brother, Denis MacLeod of New Bedford, but admitted there were sufficient facts in a case that was continued without a finding from 1994 to January 1997, then dismissed.

After Denis MacLeod was shot in the neck Nov. 17, 1992, police charged the trooper with assault and battery with a dangerous weapon.  State police, meanwhile, suspended Trooper MacLeod for a year without pay and took away access to weapons, allowing him to work on "restricted duty" after the suspension.  Trooper MacLeod works in the registry division as a title examiner. Last month, state police reinstated him to full duty -- restoring his weapons -- and allowing him to work overtime and road detail work.  When Denis MacLeod learned of that, he filed the restraining order, he said, fearing for his safety.   Maybe the state police will realize there are people better qualified," Denis MacLeod said after the hearing yesterday. "They made a mistake."

The restraining order expires June 30, 1998, but can be reviewed at any time. Judge Leonard left that option open at the hearing yesterday, suggesting a review in several months.
 
"Today, they're safe," said Donald A. Brisson, who represented Denis MacLeod and his family. "In 11 months, I'll worry about them being unsafe, but for tonight, they'll sleep."

Trooper MacLeod refused to answer questions from reporters. He never spoke in court, where two attorneys represented him.  Without guns, Trooper MacLeod is prohibited from working road details and overtime, which "significantly cuts down on the amount of work he can do," said Sheila E. McCravy, one of his lawyers.  "It's just not fair," she said before the hearing. "When is the punishment going to end?"  The hearing was covered by three television stations. After the hearing, Ms. McCravy said that may have influenced the judge's decision.  "Can you really blame him?" she asked. "Public opinion is a very strong thing."  Trooper MacLeod will ask the restraining order be reviewed again, but Ms. McCravy did not know when, she said.  "No matter what sort of order the judge imposes, George MacLeod is going to continue his program, he's going to continue his life," she said, alluding to the fact that Trooper MacLeod has not drunk alcohol since the shooting.
 
Mr. Brisson said the ruling makes not just the MacLeod family safe, but keeps a potentially dangerous trooper from carrying guns.  "There's fear in their eyes when they talk about his brother having a gun," Mr. Brisson said of the New Bedford family. "And you and I could be driving down the highway -- would you want George MacLeod pulling you over?"