Loaded Gun Discharges in Atlanta Airport

If you have been charged with a criminal offense involving a weapon, a felony in RI or MA, or a Federal criminal offense, contact Criminal Defense Attorney John L. Calcagni, at (401) 351-5100 or use the contact form HERE for more information.

Gun in carry-on accidentally discharged at Atlanta checkpoint
By Ben Mutzabaugh

A gun being transported in a passenger's carry-on bag was accidentally fired while it was being inspected by an officer at a screening checkpoint Atlanta's Hartsfield-Jackson International Airport.

The Sunday morning incident began when TSA screeners detected a loaded .22-caliber Magnum revolver in a carry-on bag being taken through the security check-point by passenger Richard Popkin, Reuters reports.

The Atlanta Journal-Constitution writes "while an Atlanta police officer responding to the scene tried to clear the five 'snake' shot bullets – small game pellet ammunition – in the handgun, a shot went off, according to an Atlanta Police incident report obtained from Hartsfield officials."

"I was grazed by a pellet fragment on the left side of my face," the officer says in a report quoted by CNN. "However, there were no visible injuries," the officer adds in the report.

The weapon was said to be pointed down toward a screening table when it discharged, according to CNN .

As for Popkin, CNN quotes the police report as saying he initially intended to put the gun in his checked luggage but decided to remove it because he was afraid it would cause that bag to exceed his airline's weight limit.

Fox 5 TV of Atlanta reports that the 43-year-old Popkin "was transported to the Clayton County Jail" and now "faces a charge of carrying a concealed weapon."

The TSA says the Atlanta incident is just one of more than 1,100 so far this year in which firearms have been discovered at airport security checkpoints across the nation.

And the Atlanta incident comes exactly a week after another man was arrested after he forgot to remove his firearm from his carry-on luggage in Memphis.

Read more HERE

The Crime of Armed Robbery

All robberies are felonies, however the addition of a weapon to the existing crime of robbery constitutes what is considered a Class A felony in most jurisdictions, punishable under very harsh sentences.

In prosecuting the crime of armed robbery, although the circumstances of the crime are always taken into account, sentences typically involve prison time. Keeping any previous convictions or charges in mind, an armed robber who is a repeat offender will most certainly be looking at some sort of prison sentence, if not the death penalty in states where it applies.

The circumstances of an armed robbery are likely to be one of the most prevalent mitigating factors in determining a sentence. Whether other crimes were taking place at the same time as the armed robbery; whether an injury or death occurred as a result of the crime; the kind of weapon used, and the severity of the crime are all taken into account for sentencing purposes.

Criminal defense attorneys are well versed in the different laws dealing with armed robbery and can provide you with the best possible defense. As a former military prosecutor in the U.S. Army JAG Corps and Special Assistant U.S. Attorney with the U.S. Department of Justice, John L. Calcagni has a unique understanding of what process the prosecution will follow.

A situation where a death has occurred as a result of an armed robbery, whether or not the perpetrator intended to cause the death, is treated as a murder charge. Felony murder charges do not need to satisfy any intent criteria, merely show that the accused could have reasonably assumed that death would occur as a result of their actions.

If you are being charged with armed robbery, or another felony crime in RI, MA, or at a Federal level, you need experienced legal representation. Contact Mr. Calcagni at (401) 351-5100 or use the contact form HERE for more information.

Lie to FBI Gets Massachusetts Man Two Years In Jail

MA and Federal Criminal Defense Attorney Calcagni posts the following article regarding a MA individual involved in a mortgage fraud and lying case.

In an attempt to garner sympathy from his wife and family over mismanaged financials, a Massachusetts man lied to the FBI regarding his involvement in a Hanover MA mortgage fraud scheme. The United States District Court Judge was not amused and sentenced Paul Plahn of Taunton to two years in prison for his fraudulent statements about his alleged involvement in a sting operation with the MA State Police and mortgage fraud investigators. The full article follows below.


Massachusetts Man Sentenced for Lying to the FBI

BOSTON, MA—A former Hanover man was sentenced today in federal court to two years' probation for making false statements to a federal agency about his supposed victimization in a mortgage fraud scheme. PAUL L PLAHN, 43, of Taunton, was sentenced by United States District Judge Patti B Saris to two years of probation. On June 23, 2010, he pleaded guilty to one count of making materially false statements to a federal agency. Plahn had developed an elaborate scheme to deceive his wife and extended family about their deteriorating financial status and avoid losing their Hanover house in foreclosure.

In April 2008, Plahn told an agent from the Federal Bureau of Investigation that he was a victim of unscrupulous mortgage lenders and foreclosure rescue services. Among other things, Plahn told the agent that he was assisting in a “sting” operation being conducted by the Massachusetts State Police investigating mortgage fraud and provided the agent with a letter on State Police letterhead thanking Plahn for his efforts. In fact, there was no sting operation and Plahn had fabricated the letter. United States Attorney Carmen M Ortiz, Richard DesLaureiers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office and Hanover Police Chief Walter Sweeney announced the sentencing today.

It is being prosecuted by Assistant United States Attorney Sandra S Bower of Ortiz’s Economic Crimes Unit.



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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.