At the Department of Public Safety, Room 348, 1111 Country Club Road, Middletown, CT.

Secretary T. William Knapp called the meeting to order at 1:36 pm due to Chairman Corradino being delayed by traffic. 

Board Members Present: Mr. Arthur Carr, Attorney Joseph T. Corradino, Chief T. William Knapp (Ret.), Mr. M. Peter Kuck, Captain Kyle E. Overturf and Mr. Kenneth V. Tramadeo.

Board Members Absent: Attorney James J. Finnerty, III

Secretary’s Report:

Kuck made a motion to accept the minutes of October 8, 2009 meeting. Tramadeo seconded the motion. Carr, Knapp, Kuck and Tramadeo and Overturf voted in favor. Corradino and Finnerty were absent. Motion carried.

Secretary Knapp presented the proposed 2010 meeting schedule. Tramadeo made a motion to accept the schedule. Overturf seconded the motion. Carr, Knapp, Kuck and Tramadeo and Overturf voted in favor. Corradino and Finnerty were absent. Motion carried.

Secretary Knapp called the roll call of the appellants present at the hearing. 9 were present and 4, Mr. Layden, III, Mr. James, Mr. Waters and Mr. Bergeron, were absent.

Chairman Corradino arrived and read the Introductory Statement and all witnesses were administered the oath.

Cases scheduled & decisions:

Case No. 08-272-D, Arnoldo Ballestas, involving a denial of a pistol permit to carry pistols and revolvers. Attorney Michael F. Romano represented the appellant. Sgt. Douglas Hall, Department of Public Safety, represented the local issuing authority, Chief Daryl K. Roberts, Hartford Police Department.  

Agreement: Prior to the hearing Chief Daryl K. Roberts, Hartford Police Department found Mr. Ballestas to be suitable.

Case No. 08-24-D, Michael Modugno, involving the denial of a pistol permit to carry pistols and revolvers. Attorney Frank Modugno represented the appellant. Sgt. Douglas Hall, Department of Public Safety represented the local issuing authority, Chief John M. Buturla, Stratford Police Department with one witness.

Decision: By a unanimous decision, the Board voted to affirm the decision of the local issuing authority, Chief John M. Buturla, Stratford Police Department, the denial of a pistol permit to Mr. Modugno. Carr, Overturf and Tramadeo voted for the issuing authority. Corradino, Knapp and Kuck voted for the issuing authority at this time.

At 3:00pm, one hour and 25 minutes after the first roll call, Chairman Corradino called the roll call of the appellants.  Mr. Layden, Mr. James, Mr. Waters and Mr. Bergeron were not present.

Case No. 08-291-D, James Layden, III, involving the denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear.  Sgt. Douglas Hall, Department of Public Safety, represented the local issuing authority, Chief Alan D. Baker, Danbury Police Department.

Motion: Corradino made a motion to decide for the local issuing authority, Chief Alan D. Baker, Danbury Police Department by default, due to Mr. Laydens failure to show. Knapp seconded the motion. Motion carried unanimously. 

Case No. 09-034-D, Michael James, involving the denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear.  Sgt. Douglas Hall, Department of Public Safety, represented the local issuing authority, Chief Thomas J. Wydra, Hamden Police Department.

Motion: Corradino made a motion to decide for the local issuing authority, Chief Thomas J. Wydra, Hamden Police Department by default, due to Mr. James failure to show. Knapp seconded the motion. Motion carried unanimously.

Case No. 08-039-D, Thamar G. Waters, involving the denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear.  Sgt. Douglas Hall, Department of Public Safety, represented the local issuing authority, Chief Brent Larrabee, Stamford Police Department.

Motion: Corradino made a motion to decide for the local issuing authority, Chief Brent Larrabee, Stamford Police Department by default, due to Mr. Waters failure to show. Knapp seconded the motion. Motion carried unanimously.

Case No. 08-310-R, Dennis D. Bergeron, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Douglas Hall represented the issuing authority, Commissioner John A. Danaher, III, Department of Public Safety.

Motion: Corradino made a motion to decide for the issuing authority, Commissioner John A. Danaher, III, Department of Public Safety, by default, due to Mr. Bergeron’s failure to show. Knapp seconded the motion. Motion carried unanimously.

A motion was made by Secretary Knapp to move Mr. Vergara’s case forward on the agenda because of an existing protective order and restraining order.  Kuck seconded the motion. Motion carried unanimously.

Case No. 09-023-D, Jose Vergara involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared upon his own behalf and with an interpreter, Mr. Juan Vergara, the appellant’s nephew. Trooper Thomas Hatfield, Department of Public Safety, represented the local issuing authority, Chief Daryl K. Roberts, Hartford Police Department with one witness.

Motion: Corradino asked for a motion to dismiss. Knapp made the motion and Overturf seconded the motion. After discussion regarding the reasons for the motion to dismiss, Corradino asked for a motion to amend the original motion to include the reason for the motion to dismiss. To clarify the reason to dismiss, Knapp withdrew his motion and Overturf withdrew the second.

To clarify the reason to dismiss, Knapp made a new motion finding for the issuing authority because Exhibit D, that document showing that a Protective Order and a Restraining Order are currently in effect at least until a court date of November 5, 2009, serves to bar the appellant from being issued a permit. Tramadeo seconded the motion; motion carried unanimously.

Case No. 08-267-D, Mark Adduci, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Trooper Thomas Hatfield, Department of Public Safety, represented the local issuing authority, Chief John Daly, Southington Police Department with two witnesses.

Decision: By a unanimous decision, the Board voted to affirm the decision of the local issuing authority, Chief John Daly, Southington Police Department, the denial of a pistol permit to Mr. Adduci.

Case No. 07-171-D, Michael Evangelista, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield, Department of Public Safety, represented the local issuing authority, Chief Mark Montminy, Manchester Police Department with two witnesses.

Motion: Corradino after discussion and deliberation, moved to find that the appellant is suitable and the Board approved the actual wording of the decision letter to be the following statement “We (the Board) find that the appellant is suitable to be issued a permit and ordinarily we (the Board) would order his permit issued. However, since his appeal to this Board he (Mr. Evangelista) has moved to Massachusetts and the Board no longer has jurisdiction over the question.” Knapp seconded the motion. Motion carried unanimously.

Case No. 09-019-D, Macarthur Bethea, involving the denial of a pistol permit to carry pistols and revolvers.  The appellant appeared on his own behalf. Trooper Thomas Hatfield, Department of Public Safety, represented the local issuing authority, Chief Thomas J. Wydra, Hamden Police Department with two witnesses.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local issuing authority, Chief Thomas J. Wydra, Hamden Police Department, and voted in favor of the appellant, for Mr. Bethea to be issued a pistol permit.

Case No. 08-288-D, Henry Pawelec, involving the denial of a pistol permit to carry pistols and revolvers.  The appellant appeared on his own behalf. Sgt. Douglas Hall, Department of Public Safety, represented the local issuing authority, Chief Michael U. Maniago, Torrington Police Department, with one witness.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local issuing authority, Chief Michael U. Maniago, Torrington Police Department, and voted in favor of the appellant, for Mr. Pawelec to be issued a pistol permit.

Case No. 10-58-D, Kevin Johnson, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield, Department of Public Safety, represented the local issuing authority, Chief Michael Gugliotti, Waterbury Police Department with one witness.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local issuing authority, Chief Michael Gugliotti, Waterbury Police Department, and voted in favor of the appellant, for Mr. Johnson to be issued a pistol permit.

Case No. 08-211-R, Tyrone Davis, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Douglas Hall, represented Commissioner John A. Danaher, III, Department of Public Safety with one witness.

Motion: A motion was made by Kuck to continue the case to next month due to pending felony charges with a court date scheduled the next day, Oct. 23, for a possible dismissal and end of Accelerated Rehabilitation. Tramadeo seconded the motion. Carr, Kuck and Tramadeo voted in favor, Corradino, Knapp and Overturf voted against the motion. A tie vote, motion failed.

Motion: Corradino said he would have no objection to continue the case so that Mr. Davis could produce a notarized statement, held by his attorney that was written by his son’s mother stating her boyfriend recanted his version about being threatening with a firearm. A motion was made by Kuck to continue Case 08-211-R to December 10, 2009. Knapp seconded the motion. All voted in favor of the motion. Motion carried. Case will be continued to December 10, 2009.

Declaratory Ruling request from:

1) Request for a declaratory ruling from Leonard T. Benedetto received Oct. 16, 2009: Corradino made a motion to add Mr. Benedetto as a party to Mr. Goldberg’s request for a declaratory ruling because Mr. Benedetto is requesting an answer to the same declaratory ruling question. Kuck seconded the motion. All voted in favor of the motion. Motion carried unanimously. Corradino will write a letter to Mr. Benedetto regarding his request.

2) Request for a declaratory ruling from Scott Wilson received Oct. 16, 2009: Corradino made a motion to deny because it is not an issue that relates to the suitability which is the sole province of the Board and so it is not a question properly ruled on by the Board in accordance with state statute. Overturf seconded the motion. Carr, Corradino, Knapp, Overturf and Tramadeo voted in favor of the motion. Kuck voted against the motion. Motion carried. Corradino will write a letter to Mr. Wilson declining his request for a declaratory ruling.

Adjournment: Kuck made a motion to adjourn, Knapp seconded the motion, motion carried.  The Board adjourned at 8:05 pm.