June 26, 1998
Prosecutor seeks weapons denial for Neff, deputy
By Malinda Ruble
Staff Writer
Special Prosecuting Attorney Terry Hord has voiced opposition to allowing indicted Seneca County Sheriff H. Weldin Neff and Lt. James Browning to carry guns.
Hord filed a memorandum in opposition to motions for relief from disability (for carrying firearms) for both Neff and Browning late Thursday afternoon in the Seneca County Clerk of Courts office.
Attorneys for Neff and Browning have requested their clients be allowed to carry firearms. Both have been indicted on felonies and, according to state law, are restricted from carrying a gun.
Hord believes the restriction should not be lifted.
''The current indictment is a 10-count indictment that indicates a continuing course of conduct which started before the indictment of H. Weldin Neff and Dennis Smith for menacing by stalking. The current indictment for intimidation is a crime of violence and therefore places the defendant under disability.
''Under the circumstance, there has been no showing that the defendant is certified to carry a firearm or that the nature of the job requires him to carry a firearm. The fact of the matter is, certain individuals have been placed in fear as a result of the conduct of the defendant and therefore, with no legitimate basis for having to carry a firearm, there is no reason for the disability to be relieved at this time,'' Hord said.
But if retired Judge Steve Yarbrough would decide to allow the two law officers to carry a weapon, Hord would like there to be some restrictions.
''In the event that the Court determines otherwise... the State respectfully requests that any carrying of a firearm by the defendant be limited to the time when the person is on active duty,'' he said.
Hord said active duty is only when the person is doing the duties of the position and not at leisure time, ''even though the person may claim to be on duty twenty-four hours a day.''
Both Neff and Browning have indicated they intend to continue working, despite the restrictions and the indictments.