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recovery of a stolen handgun, held as evidence UPDATE PG 2

Posted on 3/30/17 at 9:49 am
Posted by cgrand
HAMMOND
Member since Oct 2009
38804 posts
Posted on 3/30/17 at 9:49 am
so my glock 23 which was stolen from my truck in december 2015 was recovered (i THINK it was unfortunately used in the accidental shooting the other week, but i'm not 100% sure)...in any event, its being held as evidence at BRPD.

BRPD says after the case is adjudicated, i can request a "court order" from the DA's office to try and get it back. anyone know if this is a formality, or am i gonna have to fight to get it back?

This post was edited on 2/12/19 at 12:28 pm
Posted by djangochained
Gardere
Member since Jul 2013
19054 posts
Posted on 3/30/17 at 9:50 am to
Which accidental shooting?
Posted by rebelrouser
Columbia, SC
Member since Feb 2013
10621 posts
Posted on 3/30/17 at 9:52 am to
Is one of the charges theft of the gun? Maybe you could apply for victims assistance and get the fair price of it paid to you and then let the DA keep it.
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
66423 posts
Posted on 3/30/17 at 9:54 am to
Don't expect to get it back any time soon
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38736 posts
Posted on 3/30/17 at 9:58 am to
You'll get it back, just not any time soon.
Posted by Big Worm
Baton Rouge
Member since Nov 2007
578 posts
Posted on 3/30/17 at 9:58 am to
My cousin had this happen and got the runaround for about 3 years before getting it back. I think he eventually had to talk to the DA to get it.
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
29289 posts
Posted on 3/30/17 at 10:00 am to
About 4 yrs ago someone stole my truck gun from my driveway in Rayne....Rayne PD found it under a dude's seat in a traffic stop about 8-10 months later. It took about a month for me to get it back after they called me the first time....but it wasn't used in any type of shooting...that probably makes a difference
Posted by cgrand
HAMMOND
Member since Oct 2009
38804 posts
Posted on 3/30/17 at 10:02 am to
quote:

Is one of the charges theft of the gun?


i doubt it...
one of the the charges might be possession of stolen property though. EBRPD cant really tell me anything. it was suggested to me to send a letter to hillar moore directly.

i've already replaced it, so it's more on principle than anything else that i want it back (or the fair value for it). obviously i've not seen it so i dont know what condition its in
Posted by CoachChappy
Member since May 2013
32543 posts
Posted on 3/30/17 at 10:03 am to
quote:

anyone know if this is a formality, or am i gonna have to fight to get it back?


A little of both. If they know they have this guy burned, you'll get it quick. If he is the one who stole it, even better. I would talk to the DA in person. he will probably work with you. I had something similar happen years ago. The scumbag pleaded fairly quick and I got the gun back. Make sure you have your proofs of purchase on the gun when you go talk to the DA. If you know the case in which the gun was used, that'll also help. Basically, do all the leg work for him. That makes it a lot quicker.
Posted by tipup
Member since Sep 2005
1649 posts
Posted on 3/30/17 at 10:04 am to
I went through this in 1997 in Orleans Parish. I received the notice that the case was closed and I could pick up my pistol from the evidence room. Funny thing is that someone else had already signed for it before I got there. Have to love Orleans Parish.
Posted by SportTiger1
Stonewall, LA
Member since Feb 2007
28504 posts
Posted on 3/30/17 at 10:13 am to
not the same thing, but my cell phone was stolen a year or so ago and the cops told me they found the guy and arrested him, but most likely the cell phone was gone.

5 months later they call me in for a statement (guy had been in jail the whole time)

long story short, when i got there i found out they had retrieved the cell phone the same day it was stolen and i could've gotten back at any time....had i known it was there. i was pissed

Doesnt help you...but CSB
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 3/30/17 at 10:26 am to
quote:

You'll get it back, just not any time soon.



Yup,

I just had a customer whose laptop took 18 months to recover. I'd imagine a gun would have some more red tape
Posted by Bagger Joe
Baton Rouge
Member since Mar 2014
853 posts
Posted on 3/30/17 at 11:10 am to
If you have proof of purchase and the police file number of the stolen report, it will help a lot. If you purchased the gun and don't have a receipt or paperwork, it may not matter, they will run an ATF trace on it anyway. If you have the police file number of the recovered report (or the guys name) that will help too. Contact the DA's office and tell them you want to speak to the ADA handling the case and tell them that you want them to make a note in the their file that you want your gun back at the conclusion of the case. That could take a while depending on what happens in court. You can call back periodically and check on the progress of the case but not every week. That will just piss them off. Just be understanding and patient.
Posted by junkfunky
Member since Jan 2011
33897 posts
Posted on 3/30/17 at 11:11 am to
quote:

Which accidental shooting?


It didn't sound accidental. Some hombre shot a teenager and was headed to Mexico when they caught him.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
20037 posts
Posted on 3/30/17 at 11:15 am to
An example of how this works.

My son had an item fleeced from him by a jackass who did the same to others. When investigated the jackass had an apartment full of similar items. He was arrested and everything was tagged and identified as items belonging to others. My son had to describe in detail his item, hav wit tagged and held as evidence, and then wait until the justice system did its thing. A year later he received his item back in the mail. Fleeced in Alabama and jackass was in Colorado with all of the goods of his victims. All swell that ends well!
Posted by cgrand
HAMMOND
Member since Oct 2009
38804 posts
Posted on 3/30/17 at 11:20 am to
quote:

If you have proof of purchase and the police file number of the stolen report, it will help a lot. If you purchased the gun and don't have a receipt or paperwork, it may not matter, they will run an ATF trace on it anyway. If you have the police file number of the recovered report (or the guys name) that will help too. Contact the DA's office and tell them you want to speak to the ADA handling the case and tell them that you want them to make a note in the their file that you want your gun back at the conclusion of the case. That could take a while depending on what happens in court. You can call back periodically and check on the progress of the case but not every week. That will just piss them off. Just be understanding and patient.


thank you

Posted by Wortivi22
Land of Mini Vans
Member since Dec 2007
855 posts
Posted on 3/30/17 at 1:54 pm to
I had several items stolen out of my truck in NOLA back in 2003. Items were found at a local pawn shop, but had to be held as evidence. The case finally settled in late 2004. I went to the evidence holding facility thingy near the jail. shite was stolen out of the evidence room. All I got was, "Sorry about that."

So, don't expect it back anytime soon.
Posted by Citica8
Duckroost, LA
Member since Dec 2012
3665 posts
Posted on 3/30/17 at 2:40 pm to
I just got mine back from November 2015, reported it the next day, they recovered it the following day. I just got it back Monday. I had to call and check with the both the Police and Sheriffs Office, DA, have receipt proof of purchase. It was a pain, but I got the gun back, missing one magazine, the holster and box, but I got the gun back.
Posted by HES
Member since Feb 2015
121 posts
Posted on 3/30/17 at 4:04 pm to
I also had a Glock 23 stolen out of my vehicle in Houston back in October, 2009. I got a call from a detective over there just 2 months ago and he said it was recovered from a felony drug bust. They shipped it to the evidence room of my local police department and I retrieved it from them. I was a bit surprised by the information on the evidence bag. The drug bust just a few weeks after it was stolen from me. The bag says it was to be released from the evidence room in 2012. I guess it just took a while to get to it. 7 1/2 years later tho, I got my Glock back and not a scratch on it.

Like others said. you'll get it back, just might not be real soon.

Good luck, all thieves should die by fire.
Posted by Huntinguy
Member since Mar 2011
1752 posts
Posted on 3/30/17 at 4:27 pm to
I had a Beretta M92 Brigadier stolen a good many years ago.

Three years later there was a big stir, they'd found a loaded 9mm in a kids backpack at Pre-k during nap time.

A picture of the gun was put on the front page of the paper, I recognized it as mine and called the police chief, went home and got my receipt, met him at the station and signed an affadavit (he'd called the DA), he snagged my gun out of evidence and handed to me.

In 2 1/2 hours time I was home with it. For once it was good to live in a small town in a rural parish!
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