Red Flag Law Provides Tip
Westchester County District Attorney Anthony A. Scarpino, Jr. and Yorktown Police Chief Robert Noble announce Emeric Tyler of Yorktown has been arrested and charged with illegally possessing numerous high-capacity ammunition magazines which were stored in his family’s Yorktown home along with numerous lawfully possessed weapons. Police were alerted under the New York State Red Flag Law.
Specifically, Tyler is charged with 33 counts of Criminal Possession of a Weapon in the Third Degree, a class D felony, pursuant to section 265.03 (8) of the NYS Penal Law which makes it illegal to possess large-capacity feeding devices/magazines in the State of New York. He was also charged with three Counts of Reckless Endangerment in the Second Degree, a class A misdemeanor.
Tyler was arraigned Friday night before Judge Salvatore Lagonia of the Town of Yorktown Court, and was released on his own recognizance in accordance with bail statutes. The defendant is due to appear in Yorktown Court on May 16, 2020. The investigation continues.
Yorktown Police were alerted by a concerned individual under the Red Flag Law and obtained an Extreme Risk Protection Order (ERPO) to remove weapons from the home of Emeric Tyler. The ERPO was authorized by Westchester County Court Judge Robert DiBella. Police executed the ERPO to remove the legally possessed weapons belonging to the 20-year-old. During the execution of the ERPO, police discovered and seized more than 30 lawfully possessed weapons. Based upon their observations while in the residence, a search warrant was obtained and 33 high-capacity magazines were recovered pursuant to the search warrant order along with highly flammable substances that posed a risk to the residents of the home. Westchester County Department of Public Safety assisted in securing the residence. No one was injured during the execution of the warrants or arrest.
DA Scarpino commended Yorktown PD for their swift action and said, “This is what the Red Flag Law was meant to do – give police, prosecutors, family members and concerned citizens the legal process to remove weapons from someone who may be a danger to themselves or others. In this case, removing the weapons quickly and without incident made everyone safer.”
Chief Noble stated he is grateful no one was injured during or as a result of this incident. He thanked the following agencies for their professionalism and assistance: the Westchester County District Attorney’s Office, the Westchester County Department of Public Safety Special Operations Division SRT, Bomb Squad and Hostage Negotiations team, the FBI and the FBI Safe Streets Task Force, the ATF, the Dutchess County Sheriff’s Office, the Yorktown Volunteer Ambulance Corps and Paramedics, and my colleagues in the the Yorktown Police Department.”
Members of the Gang, Firearms and Narcotics Bureau of the Investigations Division, and Assisstant District Attorney Stephen Ronco, Yorktown Branch Chief, are prosecuting the case.
In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
