ROME, N.Y. -- A State Supreme Court Justice on Wednesday extended his temporary order, seizing a Rome liquor store owner's guns for one year, and suspending Liquor Warehouse owner Michael DeShane's unrestricted gun license for one year.
Michael DeShane is the man seen in a local viral video that circulated on social media, trying to diffuse the situation when his son, Jason DeShane, began shouting and making threatening statements toward a female employee, who recorded the conversation on a cell phone. That video, however, was not the basis for the NYS Supreme Court Justice Patrick MacRae's decision, and was never referenced in court Wednesday. The judge cited, and witnesses testified about, a police report Jason DeShane had made to Rome Police in late November, claiming that his father threatened him in the presence of one of his guns. Jason DeShane testified about the police report in court Wednesday.
Michael DeShane's attorney, Nicholas Passalacqua, says that this case is not about keeping guns away from his client, who is an exemplary gun owner; he says it is about making sure his client's son doesn't have access to his father's guns.
"Absolutely. It's not coincidental that Michael's temporary application for a temporary extreme risk protection order was filed in conjunction with that of his son, only days after this video was shared, that shows my client being completely composed, and responsible, trying to diffuse the situation with his son," said Passalacqua. "But for Jason DeShane's actions that were published all over Facebook, there would never have been, I firmly believe there would never have been, an application for a temporary extreme risk protection order against Michael."
Both the judge and Passalacqua pointed out the fact that this is new, unblazed territory, with only one published decision available, out of Nassau County. New York State's red flag law is only six months old.
Jason DeShane will have a similar hearing March 16.