Police confiscate Sousa's fake gun outside Tiverton FTR

He calls it salute to veterans; rules prohibit guns (even toy guns) on school grounds

By Tom Killin Dalglish
Posted 6/9/16

TIVERTON — For the second year in a row, Councilor Joe Sousa showed up on his motorcycle with an imitation gun and helmet on top, at the Tiverton High School parking lot while the polls were open during the Financial Town Referendum (FTR) on May 21. This year police took his toy gun away from him.

This item is available in full to subscribers.

Please log in to continue

Log in

Register to post events


If you'd like to post an event to our calendar, you can create a free account by clicking here.

Note that free accounts do not have access to our subscriber-only content.

Day pass subscribers

Are you a day pass subscriber who needs to log in? Click here to continue.


Police confiscate Sousa's fake gun outside Tiverton FTR

He calls it salute to veterans; rules prohibit guns (even toy guns) on school grounds

Posted

TIVERTON — For the second year in a row, Councilor Joe Sousa showed up on his motorcycle with an imitation gun and helmet on top, at the Tiverton High School parking lot while the polls were open during the Financial Town Referendum (FTR) on May 21.

Voters were casting their ballots inside the high school building while Mr. Sousa displayed his facsimile weapon and helmet outside.

Tiverton police seized the pretend gun, allowing Mr. Sousa to retrieve it later. State and school regulations prohibit guns and fake guns from school property

One of the budgets (Budget #3) being voted on was a proposal put forth by Mr. Sousa (it garnered 101 votes), while the other two budget proposals. respectively, received 885 votes (Budget #1, proposed by the town Budget Committee), and 1,224 votes (Budget #3, authored by Justin Katz).

"It was Armed Forces Day, and I always pay tribute to those who serve. The motorcycle and 'soldiers cross' pay tribute to all who have served," Mr. Sousa said in an email response to questions.

"I received so much support from the local Vets, and their families last year, that I had to bring it again," he said.

Explaining his display, Mr. Sousa wrote, "The plastic rifle was mounted to a base and the helmet sat on top. Together they make the 'Cross' where prayers are said for our fallen soldiers. These were the people who made it possible for us to be at the polls and express our beliefs in peaceful assembly. They deserve to be remembered, and the vets who came over to pay respect agree."

Police were called to the high school during the FTR, and an office spoke with Mr. Sousa and confiscated the apparent weapon, which Mr. Sousa says is made of plastic.

A written narrative police report about the incident, said by police officials to be pending for nearly a week since the say of the FTR, was ultimately not issued.

The police log pertaining to the incident states that at 12:42 p.m. Mr. Sousa was "standing beyond 50 feet with maga phone and toy military gun yelling." The officer "advised that party to put toy away and he refused, so the officer removed the item," states the log.

Tiverton Police Chief Thomas Blakey said Tuesday that on Saturday, May 21 — the day voting was taking place at the high school — "I was home and received a call from Mrs. Mello [Town Clerk Nancy Mello]," who as clerk was responsible for the conduct of the election and was evidently responding to comments made to her about Mr. Sousa.

"He was using a megaphone," Chief Blakey said he was told by Ms. Mello, who he said "was concerned" about the replica.

"My officer talked with Mr. Sousa and took the weapon into safekeeping. It was cut out of a piece of wood. No arrest was made," Chief Blakey said. "Mr. Sousa showed up the next day to retrieve the weapon, " the chief said.

"Mr. Sousa told me he had received legal advice that it was okay to have it at a school, and he said to apologize to the officer," the Chief said.

"The plastic drill team rifle is not a weapon," Mr. Sousa said in his response to questions. "Kids in ROTC use them to practice in schools across the country. They take them home on the bus so they can practice their drills. It's a piece of plastic."

"Same Old Crazy Liberals," Mr. Sousa wrote, of the people who complained again about his presence this year at the school during the FTR. "The sour face who hates our military used the police to infringe on our right to honor the fallen with prayer. In the end they fought for all of us, even the Ignorant."

A state law (RIGL 16-21-18) provides a school penalty for students for bringing or possessing "a firearm or realistic replica of a firearm within school premises."

Another state statute (RIGL 11-47-60) prohibits anyone from having "any firearm or other weapons" on school grounds, with certain exceptions (e.g. instruction, blank guns in theatrical events, etc.).

Tiverton High School policy ("Weapons and Violence in School," Policy 1112) declares a "policy of zero tolerance for "weapons and violence in school." In addition to prohibiting firearms of the more obvious kind, the policy defines "weapons" to include "items" "which by virtue of its shape or design g ves the appearance of any of the aforementioned (including, but not limited to air pistol, air rifle, BB gun, toy gun)." The "aforementioned" in the school policy lists "pistol, blank pistol, signal pistol, starter pistol, revolver, rifle, shotgun).

2024 by East Bay Media Group

Barrington · Bristol · East Providence · Little Compton · Portsmouth · Tiverton · Warren · Westport
Meet our staff
MIKE REGO

Mike Rego has worked at East Bay Newspapers since 2001, helping the company launch The Westport Shorelines. He soon after became a Sports Editor, spending the next 10-plus years in that role before taking over as editor of The East Providence Post in February of 2012. To contact Mike about The Post or to submit information, suggest story ideas or photo opportunities, etc. in East Providence, email mrego@eastbaymediagroup.com.