Judge says gun case against Drew Peterson can proceed
Former cop, a suspect in wife Stacy Peterson's diseappearance, couldn't get felony weapons charge dismissed
A Will County judge refused today to throw out felony weapons charges filed in May against former Bolingbrook police officer Drew Peterson.
Judge Richard Schoenstedt rejected an argument by Peterson’s attorneys that federal law allows the retired cop to own the assault rifle that prompted his arrest.
(Sun-Times file)
The ruling means Will County prosecutors can proceed with their criminal case against Peterson, who was charged in May with possessing an AR-15 rifle with an illegally short barrel.
After Peterson’s arrest, Will County prosecutors filed a second weapons charge against him in July, alleging he illegally transferred an illegal weapon — the assault rifle — to his adult son, Steve.
Schoenstedt’s ruling means that charge also will proceed against Peterson.
"We're just pleased we can move forward with the case,'' said Charles Pelkie, a spokesman for Will County State's Attorney James Glasgow.
Peterson's attorneys expressed disappointment with the ruling but pushed for a quick trial, saying they're confident the 54-year-old ex-cop will be acquitted. He faces a maximum five-year prison term if convicted of either charge.
"We don't want this thing to drag out. We want to go to trial,'' defense attorney Joel Brodsky said.
Peterson is due back in court on Aug. 28, when Schoenstedt could set a trial date on the charges.
The weapons counts are the only charges that have been filed against Peterson, whom authorities have labeled a suspect in the October 2007 disappearance of his fourth wife, Stacy.
Authorities also have reopened their investigation into the 2004 drowning death of Peterson's third wife, Kathleen Savio. Her death, which initially was ruled an accident, was reclassified a murder following Stacy Peterson's disappearance.
As a result of those investigations, the Illinois State Police seized the assault rifle last November during a search of Peterson’s Bolingbrook home. But it wasn’t until May that prosecutors filed the first weapons charge against Peterson, contending the barrel of the AR-15 is shorter than the 16-inch limit set by state law.
Peterson attorneys Joel Brodsky and Andrew Abood argued the gun charges should be dismissed because a 2004 federal law allows police officers across the nation to own and carry such weapons, regardless of state laws.
"It would be an illegal gun for a non-police officer,'' Brodsky said.
Prosecutors disputed that, arguing the federal law only allows police officers to carry weapons that are legal under state law.
Though the judge refused to dismiss the charges against Peterson, he indicated that the crucial point in Peterson's trial might be whether state gun laws can supersede the federal legislation.
Peterson, who remains free on bail, declined to comment as he left court, but he waved to several spectators, including a woman who called out, "Hi, Mr. Peterson."