GUN STOLEN FROM NEW YORK CITY POLICE OFFICER RECOVERED DURING EXECUTION OF SEARCH WARRANT IN BRONX APARTMENT WHERE ILLEGAL DRUGS WERE SEIZED

Bronx District Attorney Robert T. Johnson announced today the recovery of a New York City police officer’s service revolver that had been stolen from his locker at the 45th precinct. The 9MM semi-automatic pistol, loaded with 14 rounds of ammunition, was recovered during the execution of a search warrant at an apartment at 681 Courtlandt Avenue where police also seized a quantity of marijuana and 748 bags of crack cocaine along with drug paraphernalia, including zip-lock bags and a scale.

Detectives arrested four Bronx men who were identified as: Jose Lopez, 30, of 2229 Creston Avenue, Jose R. Lopez, 19, of 681 Courtlandt Avenue, Habial Morales, 28, also of 681 Courtlandt Avenue and Jose Agueda, 28, of 2229 Creston Avenue. All four defendants have been charged with Criminal Possession of a Controlled Substance in the 3rd and 7th degrees, Unlawful Possession of Marijuana, Criminal Possession of Stolen Property in the 4th degree, Criminal Possession of a Weapon in the 4th degree, Possession of Ammunition and Criminally Using Drug Paraphernalia in the 2nd degree. The most serious offense, Criminal Possession of a Controlled Substance in the 3rd degree, is a Class B felony which is punishable by a maximum sentence of up to 25 years imprisonment. Bail for each defendant was set at $10,000.

The execution of the search warrant leading to the arrests as well as the recovery of the stolen NYPD service revolver occurred on Tuesday, April 2, 2002 as a result of information obtained during an investigation. By that time, detectives had already arrested and charged a 16 year old youth with the actual theft of the 9MM Smith and Wesson semi-automatic pistol.

James Burgess, of 2815 Schley Avenue, has been charged with Burglary in the 3rd degree, Criminal Possession of a Weapon in the 3rd degree, Grand Larceny in the 4th degree, Criminal Possession of Stolen Property in the 4th and 5th degrees and Petit Larceny. Burgess is facing a maximum sentence of up to 7 years imprisonment if convicted of the most serious offenses Burglary in the 3rd degree and Criminal Possession of a Weapon in the 3rd degree. Both are Class D felony offenses.

Burgess, who was arrested on March 27, 2002, allegedly admitted that he broke into a locker at the 45th Precinct at 2877 Barclay Avenue and took the pistol, ammunition and a bullet proof vest. Burgess, according to court papers, stated in sum and substance that "I saw a green locker with an easy lock; using my handkerchief, I popped it open: I took the dark blue vest: I took the automatic gun: I also took the chrome clips with rounds in them; I put the vest on under my jacket: I put the gun in my waist: I walked out of the precinct and went home." Burgess was at the precinct to visit a relative who worked there as a civilian employee.

Assistant District Attorney Noreen Morriss of the Investigations Division is prosecuting both cases.