Standard-Times staff writer

NEW BEDFORD — District Attorney Sam Sutter will personally represent the commonwealth today at the 75th illegal firearm-related dangerousness hearing in Bristol County this year.
The New Bedford District Court hearing will be against Emmanuel Jacques, 36, who was arrested by city police Tuesday night, according to a press release from the DA's office. The target of a search warrant outside his home at 984 Sharon St., he is charged with four counts of possessing a firearm without an FID card, and one count each of improper storage of a firearm, use of a firearm in a felony, distribution of cocaine and distribution of marijuana.

Police seized a loaded .32 caliber firearm, 14 rounds of .38 caliber ammunition, seven rounds of .45 caliber ammunition, five rounds of .32 caliber ammunition, 29 grams of marijuana, 2.7 grams of cocaine, $138 in cash and drug packaging materials at around 9:30 p.m. Tuesday after a search outside Jacques' home.

Mr. Sutter has been using the state's Dangerousness Statute for every illegal firearm-related charge since his tenure began in January 2007.
The Dangerousness Statute allows a judge to incarcerate a defendant for up to 90 days if it is proved during a hearing that the defendant is a danger to the general public. During that time, prosecutors can prepare for trial without the defendant ever being released to possibly perform more crimes.

Before this year, it was uncommon for DAs to employ the Dangerousness Statute for illegal firearm cases, according to Gregg Miliote, director of communications for Mr. Sutter's office. More often, the statute was used for domestic violence cases.
"The old way of doing things was to not push for dangerousness hearings in these illegal firearms cases," Mr. Miliote said.
The office also makes it a point not to plea bargain on illegal gun cases. Mr. Sutter and his prosecutors tell defendants they must go to trial or face the minimum-mandatory sentence on the gun charge.

Mr. Sutter makes a distinction between illegally owned and legally owned firearms, based on their respective track records. Are illegal gun owners more often responsible for gun-related crimes than people who legally own guns? "Definitely," said Mr. Miliote, "and that's why we differentiate between gun owners and illegal gun owners." "This DA believes in everyone's right to carry," provided they are licensed to do so, Mr. Miliote added.

The plan seems to be working. During the first 10 months of the year in the city, "shots fired" calls have declined by 36 percent since the same period last year, and shooting victims have declined 59 percent. In addition, there were five murders in New Bedford in the first 10 months of 2006, and only one during the first 10 months of 2007. This year's murder and three of the 2006 murders were due to gun violence, Mr. Miliote said.

In Fall River, "shots fired" calls have dropped 43 percent, from 132 during the first 10 months of 2006 to 76 thus far in 2007. In Taunton, there has been a 20 percent decrease in "shots fired" calls during the first 10 months of 2007.

The numbers were enough to get judges to agree with the DA's use of the Dangerousness Statute. Mr. Sutter's office has won 54 of the 70 illegal firearm-related dangerousness hearings in district courts around the county. Besides Jacques' hearing, four others will be held Monday morning, bringing the total number of hearings to 75.

Supreme Judicial Court Justice Roderick Ireland upheld Mr. Sutter's interpretation of the statute when he denied an appeal to one of the office's successful dangerousness hearings without even granting a hearing. "When a person is using an illegal firearm, that is inherently dangerous to the community at large," Mr. Miliote said, explaining Mr. Sutter's strong stance against illegal gun owners and his apparent success in decreasing gun violence.
"It's obviously paying off," he said.

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