|
|
Article: BB gun center of court ruling
- Article from:
- Telegraph - Herald (Dubuque)
- Article date:
- August 14, 2008
- Author:
CopyrightCopyright 2008 Telegraph - Herald (Dubuque). Provided by ProQuest LLC. (Hide copyright information)
|
Whether a BB gun is considered a dangerous weapon was at the
center of an Iowa Court of Appeals decision Wednesday that reversed
a Dubuque man's robbery conviction.
Alfred L. Lucius, 36, was sentenced to 25 years in prison for
first-degree robbery in 2006. His judgment was reversed and remanded
to second-degree robbery, which carries a penalty of up to 10 years
in prison.
On Dec. 19, 2006, Benjamin T. O'Malley and Walter Link finished
their shifts at a bar and grill in Dubuque when they decided to buy
marijuana, according to court documents. They waited behind a Bluff
Street building when Lucius approached the pair with a BB gun and
yelled "This is a bust." They heard what sounded like a gun ...