Plastic gun leads to arrests
Published on October 22nd, 2003
STONEHAM, MA - A pair of Stoneham youths were arrested and a second pair are facing charges after they reportedly brandished a plastic gun and pretended to shoot at passing motor vehicles and pedestrians on Summer Street Tuesday night.
According to Stoneham police reports, officers were summoned to the four-way intersection at Summer Street and Pleasant Street for a group of 3-4 youths reportedly "pointing a gun at cars and passing pedestrians, aiming the gun and then clicking the trigger" at 5:20 p.m.
"The reporting person could hear the click of the gun every time they pulled the trigger," said Stoneham Police Lt. Rick McCarthy. "The juvenile male in the group then pointed the gun toward a pedestrian and pulled the trigger."
"Loaded or unloaded, the person thought they were going to get shot (when the toy was pointed and the trigger pulled," added McCarthy. "In this day and age...you can't be pointing guns at cars going by and at pedestrians."
The youths were located near Stoneham High School on Franklin Street a short time later by Officers Mike O'Toole and Joe Ponzo, and a scuffle ensued after being questioned by Stoneham Police.
"There was some kind of a struggle with police, and Herlihy wasn't complying with the officer's commands," said McCarthy.
Ryan Herlihy, age 17, of 191 Franklin Street, Stoneham, was arrested and charged with assault by means of a dangerous weapon (gun), assault and battery on a police officer and disorderly conduct. A 16-year-old juvenile male from Stoneham was also arrested and charged with assault by means of a dangerous weapon (gun).
According to McCarthy, the gun turned out "to be a toy gun" comparable in size and appearance to a 9mm semi-automatic hand gun. There appeared to be no orange tip at the end of the plastic gun denoting it as a toy.
"There's an indication that the orange tip had been removed," said McCarthy. "The reporting person thought it was a real gun."
According to McCarthy, charges can be sought by the police if the victims felt that the toy gun was being used as a threat similar to a real gun.
A 16-year-old female and a 17 year-old male from Stoneham, who were reportedly accompanying Herlihy and the other youth from Stoneham, will likewise be summoned to Woburn District Court for assault by means of a dangerous weapon (gun) charges stemming from the incident.
Herlihy and the second youth were arraigned at Woburn District Court on Wednesday morning.
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