Guest
CANNON SHOT BACKFIRES
Militiaman faces loss of state permit
By Aaron Nicodemus, Worcester Telegram & Gazette Staff
December 6th, 2007
For more than two decades, Keith A. Downer of Sutton has been firing antique weapons ”“ muskets, cannons and the like. He’s a Revolutionary War buff, does demonstrations and re-enactments as part of the Sudbury Militia, and is one of those guys dressed like Revolutionary-era soldiers who fire off their muskets at Gillette Stadium after every Patriots score.
In June [2007], the militia was invited to fire a cannon to launch the parade for Framingham’s Flag Day celebration. Since the militia was performing a five-hour historical encampment for the festivities, it seemed a reasonable request.
On June 10, Mr. Downer said, he and his crew fired the cannon. The parade began.
Immediately afterward, angry Framingham Fire Department officials demanded to know who fired the cannon. Mr. Downer claimed responsibility and showed them his state cannon firing certification. When Deputy Fire Chief Albert Ordway Jr. demanded the names of the men in the firing crew, Mr. Downer refused to name them.
Deputy Chief Ordway told Mr. Downer that the Fire Department had no record of a permit ever being applied for, and that the department had not issued one. As a result, Fire Chief Ollie D. Gadson considered the cannon firing an illegal act. A day later, Mr. Downer was mailed a civil citation with a $100 fine.
Mr. Downer appealed to the Framingham Police Department, which sided with the Fire Department. Last month, a Framingham District Court judge dismissed a criminal charge, and all fines, against Mr. Downer.
But Chief Gadson has now gone after Downer’s state cannon firing certification.
On Tuesday, Chief Gadson, Deputy Chief Ordway and Assistant Fire Marshall Randy Smith faced off against Mr. Downer and his lawyer in a three-hour hearing before an arbitrator with the state fire marshal’s office. The arbitrator, Steven Rourke, could revoke Mr. Downer’s certification, or suspend it, or give him a written reprimand, or do nothing.
“The time and money that has been spent on this thing is just mind-boggling,” Mr. Downer said. Mr. Downer said. “Let’s put the time and effort into putting out fires, not trying to stop people from learning about our history.”
For more than two decades, Keith A. Downer of Sutton has been firing antique weapons ”” muskets, cannons and the like. He’s a Revolutionary War buff, does demonstrations and re-enactments as part of the Sudbury Militia, and is one of those guys dressed like Revolutionary-era soldiers who fire off their muskets at Gillette Stadium after every Patriots score.
In June, the militia was invited to fire a cannon to launch the parade for Framingham’s
Flag Day celebration. Since the militia was performing a five-hour historical encampment for the festivities, it seemed a reasonable request.
On June 10, Mr. Downer said, he and his crew fired the cannon. The parade began.
Immediately afterward, angry Framingham Fire Department officials demanded to know who fired the cannon. Mr. Downer claimed responsibility and showed them his state cannon firing certification. When Deputy Fire Chief Albert Ordway Jr. demanded the names of the men in the firing crew, Mr. Downer refused to name them.
Deputy Chief Ordway told Mr. Downer that the Fire Department had no record of a permit ever being applied for, and that the department had not issued one. As a result, Fire Chief Ollie D. Gadson considered the cannon firing an illegal act. A day later, Mr. Downer was mailed a civil citation with a $100 fine.
Mr. Downer appealed to the Framingham Police Department, which sided with the Fire
Department. Last month, a Framingham District Court judge dismissed a criminal charge, and all fines, against Mr. Downer.
But Chief Gadson has now gone after Downer’s state cannon firing certification.
On Tuesday, Chief Gadson, Deputy Chief Ordway and Assistant Fire Marshal Randy Smith faced off against Mr. Downer and his lawyer in a three-hour hearing before an arbitrator with the state fire marshal’s office. The arbitrator, Steven Rourke, could revoke Mr. Downer’s certification, or suspend it, or give him a written reprimand, or do nothing.
“The time and money that has been spent on this thing is just mind-boggling,” Mr. Downer said. “Let’s put the time and effort into putting out fires, not trying to stop people from learning about our history.”
In the hearing, Chief Gadson told the arbitrator that Mr. Downer was irresponsible for firing the cannon without a permit.
“It’s not every day we have events such as a cannon firing in the town of Framingham, and as the fire chief, I would like to know when these events are taking place,” he said. “What bothers me is that he (Mr. Downer) has never accepted the responsibility that one would have in order to have this certification. He’s incompetent, as far as I’m concerned.”
At the hearing, Mr. Downer refused to answer direct questions about whether he fired the cannon, or whether he applied for a permit. His lawyer, Anthony Salerno of Worcester, said his answers could be used against Mr. Downer in a subsequent criminal complaint.
In a previous interview with the Telegram & Gazette, Mr. Downer said the confusion around the permit revolved around the Flag Day event organizer, Doug Freeman.
A few days before the event, Mr. Downer received an e-mail from Mr. Freeman that said the cannon firing was “all set.”
Mr. Freeman later told Mr. Downer that he had spoken to the town Fire Department, and that
Mr. Downer would have to go to the Fire Department himself and apply for a permit. Mr. Downer, a court officer who supervises several courts in Worcester County, never applied for the permit.
On the day of the firing, Mr. Downer said, he asked Mr. Freeman whether everything was squared away. Mr. Freeman told him yes. Since the parade was a town event, and since it was common in other communities for permits and fees to be waived for town events, Mr. Downer believed the Fire Department had given its OK, even though all he had was Mr. Freeman’s word. He never went to take out the permit himself, he said.
Mr. Freeman did not return two calls from the Telegram & Gazette, nor did he return a call from Mr. Downer.
Chief Gadson said the first time he learned that a cannon might be fired at the Flag Day
Celebration was three days before, in a newspaper article. In that article, Mr. Freeman was quoted as saying that the militia “is still waiting on permits from the Fire Department.”
Chief Gadson said he called Mr. Freeman that day, and told him that whoever wants to fire a cannon has to come and apply for a permit.
In the hearing, Mr. Salerno asked Chief Gadson if he knew whether the cannon was fired negligently.
The chief said “no.”
Mr. Salerno asked if he or any member of his department inspected the cannon.
Again, no.
He asked if he or any member of his department had done any investigation into the matter, talked to any eyewitnesses, or talked to Mr. Downer. No again.
He asked if Chief Gadson knew what type of cannon was fired. No again.
Had anyone talked to anyone in his department about a permit? Mr. Salerno asked.
“It didn’t matter to me if he talked to anyone; I’m the chief,” he said. “There was no permit issued.”
Militiaman faces loss of state permit
By Aaron Nicodemus, Worcester Telegram & Gazette Staff
December 6th, 2007
For more than two decades, Keith A. Downer of Sutton has been firing antique weapons ”“ muskets, cannons and the like. He’s a Revolutionary War buff, does demonstrations and re-enactments as part of the Sudbury Militia, and is one of those guys dressed like Revolutionary-era soldiers who fire off their muskets at Gillette Stadium after every Patriots score.
In June [2007], the militia was invited to fire a cannon to launch the parade for Framingham’s Flag Day celebration. Since the militia was performing a five-hour historical encampment for the festivities, it seemed a reasonable request.
On June 10, Mr. Downer said, he and his crew fired the cannon. The parade began.
Immediately afterward, angry Framingham Fire Department officials demanded to know who fired the cannon. Mr. Downer claimed responsibility and showed them his state cannon firing certification. When Deputy Fire Chief Albert Ordway Jr. demanded the names of the men in the firing crew, Mr. Downer refused to name them.
Deputy Chief Ordway told Mr. Downer that the Fire Department had no record of a permit ever being applied for, and that the department had not issued one. As a result, Fire Chief Ollie D. Gadson considered the cannon firing an illegal act. A day later, Mr. Downer was mailed a civil citation with a $100 fine.
Mr. Downer appealed to the Framingham Police Department, which sided with the Fire Department. Last month, a Framingham District Court judge dismissed a criminal charge, and all fines, against Mr. Downer.
But Chief Gadson has now gone after Downer’s state cannon firing certification.
On Tuesday, Chief Gadson, Deputy Chief Ordway and Assistant Fire Marshall Randy Smith faced off against Mr. Downer and his lawyer in a three-hour hearing before an arbitrator with the state fire marshal’s office. The arbitrator, Steven Rourke, could revoke Mr. Downer’s certification, or suspend it, or give him a written reprimand, or do nothing.
“The time and money that has been spent on this thing is just mind-boggling,” Mr. Downer said. Mr. Downer said. “Let’s put the time and effort into putting out fires, not trying to stop people from learning about our history.”
For more than two decades, Keith A. Downer of Sutton has been firing antique weapons ”” muskets, cannons and the like. He’s a Revolutionary War buff, does demonstrations and re-enactments as part of the Sudbury Militia, and is one of those guys dressed like Revolutionary-era soldiers who fire off their muskets at Gillette Stadium after every Patriots score.
In June, the militia was invited to fire a cannon to launch the parade for Framingham’s
Flag Day celebration. Since the militia was performing a five-hour historical encampment for the festivities, it seemed a reasonable request.
On June 10, Mr. Downer said, he and his crew fired the cannon. The parade began.
Immediately afterward, angry Framingham Fire Department officials demanded to know who fired the cannon. Mr. Downer claimed responsibility and showed them his state cannon firing certification. When Deputy Fire Chief Albert Ordway Jr. demanded the names of the men in the firing crew, Mr. Downer refused to name them.
Deputy Chief Ordway told Mr. Downer that the Fire Department had no record of a permit ever being applied for, and that the department had not issued one. As a result, Fire Chief Ollie D. Gadson considered the cannon firing an illegal act. A day later, Mr. Downer was mailed a civil citation with a $100 fine.
Mr. Downer appealed to the Framingham Police Department, which sided with the Fire
Department. Last month, a Framingham District Court judge dismissed a criminal charge, and all fines, against Mr. Downer.
But Chief Gadson has now gone after Downer’s state cannon firing certification.
On Tuesday, Chief Gadson, Deputy Chief Ordway and Assistant Fire Marshal Randy Smith faced off against Mr. Downer and his lawyer in a three-hour hearing before an arbitrator with the state fire marshal’s office. The arbitrator, Steven Rourke, could revoke Mr. Downer’s certification, or suspend it, or give him a written reprimand, or do nothing.
“The time and money that has been spent on this thing is just mind-boggling,” Mr. Downer said. “Let’s put the time and effort into putting out fires, not trying to stop people from learning about our history.”
In the hearing, Chief Gadson told the arbitrator that Mr. Downer was irresponsible for firing the cannon without a permit.
“It’s not every day we have events such as a cannon firing in the town of Framingham, and as the fire chief, I would like to know when these events are taking place,” he said. “What bothers me is that he (Mr. Downer) has never accepted the responsibility that one would have in order to have this certification. He’s incompetent, as far as I’m concerned.”
At the hearing, Mr. Downer refused to answer direct questions about whether he fired the cannon, or whether he applied for a permit. His lawyer, Anthony Salerno of Worcester, said his answers could be used against Mr. Downer in a subsequent criminal complaint.
In a previous interview with the Telegram & Gazette, Mr. Downer said the confusion around the permit revolved around the Flag Day event organizer, Doug Freeman.
A few days before the event, Mr. Downer received an e-mail from Mr. Freeman that said the cannon firing was “all set.”
Mr. Freeman later told Mr. Downer that he had spoken to the town Fire Department, and that
Mr. Downer would have to go to the Fire Department himself and apply for a permit. Mr. Downer, a court officer who supervises several courts in Worcester County, never applied for the permit.
On the day of the firing, Mr. Downer said, he asked Mr. Freeman whether everything was squared away. Mr. Freeman told him yes. Since the parade was a town event, and since it was common in other communities for permits and fees to be waived for town events, Mr. Downer believed the Fire Department had given its OK, even though all he had was Mr. Freeman’s word. He never went to take out the permit himself, he said.
Mr. Freeman did not return two calls from the Telegram & Gazette, nor did he return a call from Mr. Downer.
Chief Gadson said the first time he learned that a cannon might be fired at the Flag Day
Celebration was three days before, in a newspaper article. In that article, Mr. Freeman was quoted as saying that the militia “is still waiting on permits from the Fire Department.”
Chief Gadson said he called Mr. Freeman that day, and told him that whoever wants to fire a cannon has to come and apply for a permit.
In the hearing, Mr. Salerno asked Chief Gadson if he knew whether the cannon was fired negligently.
The chief said “no.”
Mr. Salerno asked if he or any member of his department inspected the cannon.
Again, no.
He asked if he or any member of his department had done any investigation into the matter, talked to any eyewitnesses, or talked to Mr. Downer. No again.
He asked if Chief Gadson knew what type of cannon was fired. No again.
Had anyone talked to anyone in his department about a permit? Mr. Salerno asked.
“It didn’t matter to me if he talked to anyone; I’m the chief,” he said. “There was no permit issued.”
