March 11, 2010

http://www.mailtribune.com/apps/pbcs.dll/frontpage

The Medford man whose firearms were seized by police for safekeeping Monday when he was taken into protective custody has asked for their return.

David J. Pyles has asked police to return the items taken from him when a SWAT team and negotiators descended on his Effie Street home early Monday. He sent an e-mailed request today, forwarding copies to legislators and media outlets.

Medford police said they were watching the Effie Street home starting Sunday night in response to law enforcement concerns about the man after he was placed on administrative leave from his job on Thursday. A Medford police news release described him as disgruntled and said police knew he had legally purchased several firearms over two days. Police identified the guns as a Heckler & Koch .45-caliber handgun, a Walther .380-caliber handgun and an AK-47 rifle.

In what police described as a "proactive" move, they wanted to defuse the situation before people started their daily routines on Monday. The guns, along with another handgun and a shotgun the man also owned, were seized for "safekeeping" Monday, police said.

The man was taken to Rogue Valley Medical Center for a mental-health evaluation, police said. He was released several hours later. Now, Pyles wants his property returned. Medford police Lt. Bob Hansen said police try to return found, stolen or seized property to its rightful owner as soon as possible and have a procedure for doing so.

If the property was seized as evidence, courts have the final say on when it can be returned. Hansen declined to discuss Pyles' request, but described the department's process, which can take several weeks. Processing weapons takes longer than other items, he said. When a person requests the release of property held by police, first the officer handling the case confirms that the item is no longer needed for the investigation, he said.

Property control specialists confirm the owner's identity, then, for weapons, send information to Oregon State Police to determine if the person can legally have the weapon. OSP checks criminal records and looks for medical holds that might block gun ownership, Hansen said. Local police check additional municipal court records.

Authorities also check to make sure the gun isn't reported stolen or linked to other crimes. After a final review to ensure all records are in order, the owner is notified to come claim the item.

— Anita Burke