Thread: Elizabeth City, NC - U.S. Marshal faces charge for gun in bar

http://www.dailyadvance.com/news/us-...-gun-bar-14852

U.S. Marshal faces charge for gun in bar
By Diana Mazzella
Staff writer
Wednesday, February 3, 2010
A U.S. Marshal based in Elizabeth City has been charged with a misdemeanor after police say he carried a firearm into a place where alcohol was being served.

Mark Scheid, 45, of Elizabeth City, was served a criminal summons Tuesday for an off-duty incident Jan. 28 that involved him allegedly carrying a firearm into Thumpers Downtown Bar & Grill.

The allegations about Scheid’s gun possession in the bar apparently came to light after he and three other men were involved in a fight outside the nightspot about 2 a.m.

According to Lt. Jamie LaCombe, police responded to the incident and at least one of the men was treated at a local hospital for minor injuries.

So far no charges have been filed in the fight, LaCombe said.

Before charging Scheid for possessing a firearm at Thumpers, LaCombe said his office consulted with District Attorney Frank Parrish, who in turn consulted with the state Attorney General’s Office. The police department’s investigation of the incident continues, he said.

“We’re still investigating parts of this,” LaCombe said.

Scheid is scheduled to appear in Pasquotank District Court on the misdemeanor charge March 25.

Scheid is continuing his duties as a U.S. Marshal while the agency looks into the matter, said Clyde R. Cook Jr., U.S. Marshal for the Eastern District of North Carolina.

“We are well aware of the incident, and the U.S. Marshals Service is in the process of making appropriate inquiries,” Cook said. “At this time his work status is uncertain until we have more information.”

Cook said his office plans to investigate the incident separately from the police investigation.

“Internally of course we’re going to proceed to the extent that can be done without interfering with the Elizabeth City Police Department’s inquiry,” he said.

Citing personnel laws, Cook said he could not comment further on Scheid’s criminal summons.

“We take the matter very seriously, and we are very aggressively seeking all the information possible,” Cook said.

Oh how things change.

Just a mere 15 plus years ago, we HAD to bring our guns EVERYWHERE. I forget if it was law or Dept policy.

We can still bring our guns with us into bars now, but the laws are slowly changing. The newest law on the table will allow for a breathalyzer test if the person is carrying or using a firearm and hold them to the same standards as if they were driving a vehicle.

Originally Posted by papimike

Oh how things change.

Just a mere 15 plus years ago, we HAD to bring our guns EVERYWHERE. I forget if it was law or Dept policy.

We can still bring our guns with us into bars now, but the laws are slowly changing. The newest law on the table will allow for a breathalyzer test if the person is carrying or using a firearm and hold them to the same standards as if they were driving a vehicle.

Not sure what current USMS policy is, but this looks like state law that may or may not apply due to pre-emption. NC statutes forbid off-duty LEOs generally from carrying weapons while intoxicated or drinking in the exemptions section of the weapons statute:

Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

We shall see.

I had thought Department policy on carrying had changed farther back. My partner in the early 80's retired in 1972, and I got the impression from him that the policy had already been changed. Before that, he told me, most guys just ignored it if it was inconvenient (like the beach).

Then, of course, in the days of Patrick Murphy (spit!), talk was of forbidding off-duty and doing away with permits for retirees.

Suffice to say, we would all be fired for what we used to do in the old days.

I'm sure the fight helped to layer on the charges. Unless he was jumped, he'll get a 'bad judgement' time out for sure from USMS. (Hmmm...carrying a gun to a bar named Thumpers) Can we do searching for a fugitive? Witness relo scan? Gun charges won't stick on the pre-emption issue.

God knows we're our own worst enemy. Leave the pistol at home if you're going to partake. If a bad guy shows up in the bar brandishing a gun, snatch it from him and beat him with it; then drop the mag, eject the round, and take it apart and drop all the parts on him! Didn't Steven Seagal do that in a few movies? I'm happy with my 3 knives when I don't have my pistol: High, high; thigh, thigh; eye, eye; head.

This Marshall was jumped from behind by the other three outside the bar while getting in his vehicle.They have not been able to find anyone inside the bar that saw any previous encounter or incident between the individuals involved. He was taking a bad beat down when some patrol officers saw the fight while driving by and stopped to break it up. He was only discovered to be carrying his firearm after the incident as it was never drawn or displayed while he was taking the beating. The one person who was taken to the hospital was the Marshall who got his tail whooped. I really doubt someone getting beat down from behind without warning could be considered a fight in anyones book. Now bringing his gun to the bar in the first place was a real bad call from any agency standpoint and he should take a rip for it. The whole incident is probably just a case of making small talk or moves on the wrong woman inside and some drunk yahoos figured they would teach him a lesson. Then again the last thing the news is about these days is reporting real news.Its all about sensationalizing stories to draw viewers and readers.

If he was carrying within agency policy, he'll walk away from this.

I routinely carry into places that serve alcohol. I just don't drink while carrying. Charge me in those circumstances-- when I'm carrying in accord with Federal statutory authority and agency policy, and NOT relying on state law permission or its exceptions/qualifiers-- and I probably won't agree to any settlement to my lawsuit that doesn't require the arresting officers to write a book report on the Supremacy Clause.

If this case is as simple as all that, I hope the DUSM gets personalized plates on his new sportscar car that read "THX ECPD".

Originally Posted by NYLSC

Now bringing his gun to the bar in the first place was a real bad call from any agency standpoint and he should take a rip for it.

My admiration for the United States Marshals Service knows no bounds...for those of you who are able to recall...Operation Gunsmoke...it's been that many years that I've been lucky enough to associate myself with that fine organization...and I've complimented them repeatedly on this board...

So I find it difficult to bang up a guy doing something that I've done a million times before and will do a million times again...there but for the grace of...

Have been in the midst of undesirables...in undesirable's places...with G money...and a six shot (not really a six shot...just said six shot for effect)...inside policy...outside policy...policy schmolicy...we have no idea what was happening that evening at that particular locale...and to say otherwise is intellectually dishonest...

Sometimes we have to act as if we are the bad guys...CC

Read the NC state statute under 14-269.3 and states:

14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;



THen 14-269 further reads:

b) This prohibition shall not apply to the following persons:

(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;

(2) Civil and law enforcement officers of the United States;

(3) Officers and soldiers of the militia and the National Guard when called into actual service;

(4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;

(5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

This guy might get off if he was stone sober.. I have a tough time believing the cops wouldve jammed this guy up unless he was acting like a real $*# when the PD showed up to intervene...

How about section 2 there?

(2) Civil and law enforcement officers of the United States.

DennisNJ................I concur.

I'm going to throw this out there "Thumpers Downtown Bar & Grill"...................is it possible he was eating? It does say "Grill".

Even if he was in a bar with his weapon as long as he is not drinking alcohol and not in violation of Federal statutory authority and agency policy, he should be cleared.

Think of all the chain eating establishments that serve alcohol like Applebees, TGIF, Outback..............etc. I can't imagine trying to avoid all these establishments in the NY/NJ area on/off duty while carrying.

Just my0.02

I have met this guy before. He's a good guy. Does good work for being the only Deputy in a 13 county span. If something happened he wasn't the aggressor. Probably just in the wrong place at the wrong time. Hope it works out for him.

Just read the article and som comments posted about what happened, It seems like the other 3 that Mark was in the altercation with were 3 Coasties. Not sure why we haven't really heard much in that regards and why they weren't charged. Being a former Coastie that really makes my blood boil.

Originally Posted by agenttobe

Just read the article and som comments posted about what happened, It seems like the other 3 that Mark was in the altercation with were 3 Coasties. Not sure why we haven't really heard much in that regards and why they weren't charged. Being a former Coastie that really makes my blood boil.

Sounds like some "small town" politics are involved here................

Unfortunately that's how the articles read. Still, being how small E-City is and the fact that there is only one DUSM in that area, they have to know who he is as well. I just can't see the rationale behind charging the DUSM and not the Coasties.