A Juneau man who was arrested in May for firing a pistol outside in a residential neighborhood in the Mendenhall Valley has been convicted of weapons misconduct.
Court records show Jack Joseph Paine Jr., 29, pleaded guilty to two misdemeanors — fourth-degree weapons misconduct — for both possessing a firearm while intoxicated and firing recklessly.
Paine changed his plea late last month during an omnibus hearing in Juneau Superior Court.
In accordance with a plea deal, Judge Louis Menendez sentenced Paine to serve a total of eight months in prison. Paine began his sentence on June 27.
Prosecutors dropped two other charges against Paine in exchange for his guilty plea. They were one misdemeanor count of resisting/interfering arrest, and one felony count of third-degree weapons misconduct for possessing a firearm with the manufacturer’s serial number was ground off.
Police were dispatched to 4012 Slate Drive a little before 2 a.m. on May 17 in response to reported gunfire, according to an earlier JPD release.
The police investigation found that Paine and two other people had driven to the Slate Drive residence and got out of the car, an affidavit states. Two women inside the house came outside, one witness said.
An argument ensued — apparently over money, police said at the time — between a woman from the car and one of the women from the house, according to the affidavit.
Prosecutors said Paine then fired three rounds from his 9 millimeter semi-automatic pistol. No one was injured, and no structure damage was reported, police said.
The driver of the vehicle told police he had no idea Paine even had a gun.
An eye-witness told police she watched Paine pull out the gun and start shooting toward the house, although it was not hit. Police later found two 9mm shell casings in the street in front of the residence.
Police searched the vehicle and found Paine’s silver Kel Tec 9mm Luger near the left passenger side of the car where he was sitting, the affidavit states.
A police officer noticed that the handgun’s serial number had been ground off and removed, which is the felony offense.
When Paine was apprehended, an officer smelled alcohol on him and gave him a Breathalyzer test. His blood alcohol content level was .138%, according to police reports.
Police had cited Paine for resisting arrest because while being detained in the back of a patrol car, he refused to allow officers to close the vehicle door by blocking it with his foot, according to police reports. He finally had to be forced in the car, the report says.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (4)
Add commentseveral thoughts
First, if someone owns a gun with the serial number ground off this could mean one of two things: 1) the owner ground it off, deliberately or, 2) he bought it that way.
If he ground it off deliberately, then this implies he had less-than-lawful intentions for this weapon, or else it was stolen. Why else would someone do that?
If he bought it that way, that should have raised a big red flag, indicating that maybe this gun was used in a crime.
I am all for law-abiding citizens and hunters to own as many guns as they wish, as long as they are responsible with them. However, I am not in favor of drunks who fire weapons while drunk owning guns under any circumstances. He should be barred from owning another gun the rest of his life.
I'm glad he's going to prison. He is a danger to society.
Finally, as for the breathalyzer, I thought police could only administer that if you were DRIVING. Am I wrong? The story mentions "the driver of the vehicle told police he had no idea Paine had a gun." This implies Paine was not driving. So was this a lawful search? Just curious about Alaska law and breathalyzers.
My guess is that Mr. Paine is
My guess is that Mr. Paine is a clown of the same variety as Cyrus in Trailer Park Boys. If anybody who is acquainted with him can verify this I'd be appreciative.
http://video.google.com/videoplay?docid=3652499206981074686
Jo Mac....
When a person is being investigated for a Crime, in which Alcohol Use is part of the Statute, then it is incumbent for the investigating Officers, to administer a Breathalyzer Test, to establish the Suspects amount of Intoxication. Possession, and use, of a Firearm, while Legally Intoxicated, is a crime, in Alaska. So,When the Officers smelled alcohol on the suspect, that gave them Probable Cause, to administer the Breathalyzer Test, to establish the extent of the Intoxication. The subject has the Right to Refuse, but then he would be detained, for Public Intoxication, and a Warrant for a Medical Blood Test, would be applied for, and Granted, by a Court. This has nothing to do with Operation of a Motor Vehicle, and that is NOT the only Alcohol related Crime, in Alaska. Just Say'en.... YMMV....
probable cause
Well, that makes sense then. Thank you.