Brian Downey's lawyer talking deal with prosecutors on gun-related charges: court documents
AIRMONT – Deputy Mayor Brian Downey's attorney and federal prosecutors have begun preliminary talks to possibly settle gun-related charges without going to trial, according to a federal court document.
Downey, 47, a deputy Ramapo building inspector and part-time court officer, faces multiple federal and state felony charges involving the possession of unregistered rifles, shotguns and weapons parts, like silencers. He also was charged with possessing fake law enforcement badges and insignias.
The federal case is separate from the multiple felony gun possession counts filed against Downey by the Rockland District Attorney's Office.
Court document: Federal prosecutions and Brian Downey's attorney negotiating.
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28 days to negotiate
Downey's lawyer, Andrew Quinn of White Plains, is talking about a disposition of the charges with the U.S. Attorney's Office for the Southern District in White Plains, according to court documents. Such negotiations usually center on a plea deal and potential sentence if the talks come to fruition
A continuance of 28 days until Oct. 27 would allow for negotiations, according to a document signed by Assistant U.S. Attorney Steven Kochevar.
The delay would forestall prosecutors from seeking a criminal complaint or indictment against Downey. Quinn agreed on Sept. 17 during a telephone conversation with prosecutors that a continuance would be appropriate.
The document states Quinn "has since been engaging in preliminary discussions with the government concerning a possible disposition of this case without trial, and those discussions are ongoing."
Quinn declined to comment on Thursday. The U.S. Attorney's Office doesn't comment on cases outside of court filings or comments in the courtroom.
Downey has been released by U.S. Magistrate Judge Andrew Krause on a $250,000 personal recognizance bond co-signed by two financially responsible individuals. He turned in travel documents and must follow pre-trial rules, including drug testing and psychiatric evaluation as directed by pretrial service. He cannot possess firearms.
Arsenal found in Downey's basement
Downey was arrested on Sept. 3 following a raid on his Edgebrook Lane house by Rockland authorities and U.S. Homeland Security agents, who made Rockland District Attorney's Office aware of delivery of an illegal silencer.
During an early morning raid, investigators removed an arsenal of weapons from his house, authorities said in a federal complaint.
In what the complaint describes as a basement gun room, authorities seized 17 unregistered firearms and 13 firearm silencers. Many of the rifles were displayed on a rack hanging on a black wall, according to photographs in the complaint. Additional weapons were leaned against walls.
Authorities also seized multiple fake credentials and insignias from the FBI and other law enforcement agencies, including the Drug Enforcement Administration and the U.S. Marshals Service, according to the complaint.
In a closet adjacent to the gun room, law enforcement officers recovered an Esquire shotgun with a barrel less than 18 inches long, known as a sawed-off shotgun, the complaint states.
Complaint: Downey talked with agents
The complaint described Downey's conversations with federal agents involved in the raid.
"He stated that he lacked any registration or authorization for controlled firearms, such as the short-barrel rifle or the sawed-off shotgun," wrote Daniel Suden, a special agent with the U.S. Department of Homeland Security.
Downey "further stated that he put the short barrel on the short-barrel rifle, indicating his belief that he was allowed to do so because he was a peace officer," Suden wrote.
Downey is accused of knowingly receiving and possessing a rifle not registered to him in the National Firearms Registration and Transfer Record. The federal complaint charges Downey with one count of possession of unregistered firearms and one count of possession of federal badges and identification cards.
Rockland prosecutors charged Downey with 11 felony counts involving weapons possession.
Rockland District Attorney Thomas Walsh didn't immediately comment on if the potential federal negotiations affected his office's case.
Ramapo suspended Downey as deputy building inspector pending the outcome of the criminal charges. His salary is listed at $91,838 in the 2021 budget under the title of assistant street construction inspector. The Town Board recently made Downey a deputy building inspector. The town hired him in December 2007.
Airmont Mayor Nathan Bubel issued a statement that Downey should take a leave of absence from the five-member Board of Trustees and resign as deputy mayor. He gets paid extra as deputy mayor and an added salary as a liaison for the village. He handled the village telephone system, which was down for several weeks.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal. Read more articles and bio. Our local coverage is only possible with support from our readers.
This article originally appeared on Rockland/Westchester Journal News: Airmont's Brian Downey negotiating on gun-related charges: document
