Preview
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 Reset Form
RECEIVED NYSCEF: |
05/07/2024
' "' nycourts.gov
New York State Unified Court System
UCS-6341 09/2022
. Application for a Temporary
Extreme Risk Protection Order nycourthelp.gov
Supreme Court
OSWEGO 3 County
Inv. Morrison in his official capacity as a member of the NYSP Index Number:
Petitioner (applying parfy)
-against-
Edward G. Files Jr.
Respondent (against party)
The petitioner, being a:
@ Police Officer, as defined in CPL § 1.20; or
O District Attorney with jurisdiction in the county or city where the respondent resides; or
O Family or household member of the respondent, as defined in Social Services Law
§ 459-a(2)'; or
O Principal or other chief school officer or their designee named in writing of any school in which
the respondent is currently enrolled or has been enrolled in the past six months; or
O Licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed
clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed
clinical marriage and therapist, registered professional nurse, licensed master social
family
worker or licensed mental health counselor and having treated the respondent within the
previous six months.
Residing or doing business at:
Address: 1013 South 1st Street, Fulton, NY 13069
Phone: 315-598-2112
Cell: 315-366-6000
Email: Justin.Morrison@Troopers.NY.Gov
1 Social members"
Services Law 459-a(2):
"Family or household mean the following individuals: (a) persons related
by consanguinity or affinity; (b) persons legally married to one another; (c) persons formerly married to one another
regardless of whether they still reside in the same household; (d) persons who have a child in common regardless of
whether such persons are married or have lived together at any time; (e) unrelated persons who are continually or at regular
intervals living in the same household or who have in the past continually or at regular intervals lived in the same household;
(f) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless
of whether such persons have lived together at any time . . . ; or (g) any other category of individuals deemed to be a victim
of domestic violence as defined by the office of children and family services in regulation.
ADA Accommodations Spoken or Sign Language Interpreters
ada(alnycourts.qov J interpreter@nycourts.gov
1 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
UCS-6341 (09/2022) Page 2 of 5 index #:
Petitioner alleges that the above-named respondent is likely to engage in conduct that would result
9.39(a)2 a
in serious harm to self or others as defined in MHL § and petitions the Court to issue
temporary extreme risk protection order against the respondent pursuant to CPLR § 6342 based upon
the facts and circumstances set forth in the following sworn application justifying the issuance of the
order, to wit: Petitioner believes that the respondent is likely to engage in conduct that would result in
serious harm to self or others because the respondent has engaged in, exhibited, or committed the
following behavior(s) or act(s) [check a_11that apply]:
¡ A threat or act of violence or use of physical force directed toward self, the petitioner, or
another person;
O A violation or alleged violation of an Order of Protection;
¡ A pending charge or conviction for an offense involving the use of a weapon;
O The reckless use, display or brandishing of a firearm, rifle or shotgun;
¡ A history of a violation of an Extreme Risk Protection Order;
¡ Evidence of recent or ongoing abuse of controlled substances or alcohol;
¡ Evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous
instrument, or any ammunition therefor;
¡ Other [specify any other relevant factors the Court should consider]:
Facts and Circumstances
Please provide specific facts and circumstances justifying the issuance of an extreme risk protection
order:
On 5/07/2024, The Respondent, Edward G. Files Jr., was observed outside his residence being
disruptive and yelling. The Respondent removed a shotgun from his residence to his vehicle and
continued to yell. When law enforcement arrived, The Respondent was taken into custody at which
point he stated he wanted law enforcement to shoot him.
2 MHL harm"
9.39(a): "Likelihood to result in serious as used in this article shall mean: 1. substantial risk of physical
harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating
that the respondent is dangerous to him/herself, or 2. a substantial risk of physical harm to other persons as manifested by
homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.
2 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
UCS-6341 Page 3 of 5 Index #:
(09/2022)
Respondent's Age
The respondenes date of birth is 12/31/1971 and age at the time the above act(s) allegedly
occurred was: 53 ; or if exact age is not known, the respondents approximate age at the
time the above act(s) allegedly occurred was: .
Time Elapsed
The above act(s) allegedly occurred:
® Less than six months ago; or
OMore than six months ago.
Respondent's Location
The respondent currently is located, resides, or may be contacted at:
Current Location: Oswego Hospital Emergency Room
Home Address: 412 County Route 10 Apt A2, Pennellville, NY 13132
Phone: (315) 561-9009
Cell:
Email:
[Optional: check and complete this section only if applicable]
B The petitioner offers the following attached documents in support of this application for an extreme
risk protection order.
NOTE: List each attached document with a brief description. Attach additional sheets if
necessary:
1. Deposition - R. Clarke
Supporting Roy
2. Deposition - SC/SGT Heath (NYSP
Supporting Fulton)
3. Genl-15A, NYSP Firearms Receipt
4.
5.
6.
¡ The petitioner requests that attachment(s) numbered be filed under seal as they contain
medical, mental health, or other sensitive records and information.
¡ The petitioner requests that attachment(s) numbered be filed under seal or, in the
altemative, with all personally identifiable information redacted to prevent an unreasonable risk to
the physical safety of those affiants, witnesses, and other non-parties named therein.
(Optional: check and complete this section only if applicable]
¡ The petitioner knows or has reason to believe that the respondent owns, possesses or has access
to a firearm, rifle or shotgun, and the following is a complete listing and description of A-11
firearms, rifles and shotguns known or believed to be owned, possessed or accessible to the
respondent and the respective location of each firearm, rifle or shotgun.3
3 For the purposes "possession,"
of this listing, the term as defined in PL § 10.00(8), means to have "physical
."
possession or otherwise to exercise dominion or control
3 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
UCS-6341 (09/2022) Page 4 of 5 Index #:
NOTE: Be as specific as possible regarding the description and location of the weapons and
attach additional sheets if necessary:
KE MODE L LIBEI SES P TI
o arearm Smith & 916-A 12GA 3B4935 SP Fulton BCI Evidence Locker
Wesson
e sh tgun
O firearm
O rifle
O shotgun
O firearm
O rice
O shotgun
O firearm
O rise
O shotgun
o firearm
O rine
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O arearm
O rise
O shotgun
O firearm
O rifle
O shotgun
(Optional: check and complete this section only if applicable]
O Pursuant to CPLR § 6342(8), the petitioner requests that the court direct a search of the
respondent's:
O person
O premises:
vehicle:
for firearms, rifles and shotguns and the seizure any such weapons found pursuant to said search
in a manner consistent with the procedures set forth in article 690 of the criminal procedure law.
Statement of Reasonable Cause:
¤ The petitioner further requests that the court authorize the search to be executed:
at any time of the day or night
¡ without notice of the officer's authority or purpose
Statement of Reasonable Cause:
4 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
UCS-6341 (09/2022) Page 5 of 5 Index #:
[Optional: check only if applicable]
O Disclosure of petitioner's address or contact information would pose an unreasonable risk to
petitioner's health or safety, and petitioner hereby requests that the Court order the confidentiality
and redaction of petitioner's address and contact information from any papers served upon or
provided to the respondent pursuant to CPLR §6342(6)(a).
¡ Disclosure of petitioner's name would pose an unreasonable risk to petitioner's health or safety,
and petitioner hereby requests that the Court order the case caption to reflect that petitioner's
name is anonymous and to redact petitioner's name from any papers served upon or provided to
the respondent.
Signature of Petitioner
Sworn to before me this 7th 8
day of May 8, 20248.
Justice of the Supreme Court or Notary Public
Print Form
5 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF GENL-4
DOC. (O3/05)
NO. 1 RECEIVED NYSCEF: 05/07/2024
New York State Police
SUPPORTING DEPOSITION (CPL PAGE _/_ OF
§ 100.20)
THE PEOPLE OF THE STATE OF NEW YORK
-VS.
DEFENDANT(S)
LOCATION OF INCIDENT: LOCATION OF DEPOSITION:
STATE OF NEW YORK COURT STATE OF NEW YORK
COUNTY OF O COUNTY OF O03a.. b
state the followina: M ,An y -" le-C AW r2 v
NOTICE
(Penal
Law § 210.45)
In a written instrument, any person who knowingly makes a false statement which such person does not believe to
be true has committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor.
Affirmed under penalty of perjury
this day of ,
(SIGNA DEPONENT)
- OR -
*
Subscribed and Sworn to before me
(wrrNess) rius snoso.
this day of , fo Z \A9rdsu Pitt
* TNsfounneedbeswornto
/ )
(NAMEOFPERSON
9
TAKINGDEPOSITION)
onlywherispedficallyre Ired13ytimcourt
Page 1 - ORIGINAL Page 2 - COPY Page 3 - COPY Page 4 - COPY
6 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPPORTING DEPOSITION (CPL §100.20) PAGE 1 OF 1
NEW YORK STATE POLICE
THE PEOPLE OF THE STATE OF NEW YORK
- vr>.
EDWARD G FILES
Defendant(s)
INOIDENT LOCATION: LOCATION OF DEPOSITION:
STATE OF NEW YORK LOCAL CRIMINAL COURT STATE OF NEW YORK
COUNTY OF OSWEGO COUNTY OF OSWEGO
TOWN of SCHROEPPEL TOWN of SCHROEPPEL
Date Time Started Full Name:
On 05/07/2024 at 09-23 PM J, ALAN E HEATH
Date of Birth ' No. and Street crr& state
12f22/1980 1013 S 1ST ST FULTON NY
State The Following:
I am employed - Station
by the New York State Police an hold the rank of Sergeant Commander, stationed at SP Fulton On
05/07/24 while
on patrol, I received a complaint of a man with a gun in a vehicle at 412 County Route 10 in the town of
Schroeppel. I responded to that location and gathered information from the reporting party. Upon aÀival. I located the male
in a white Buick sedan bearing NY license plate LGT3892. I coordinated other State Police members and eventually contact
was made with the male, later identified as Edward G Files, DOB 12/31/1971. Edward was detained without incident and a
shotgun was located in the vehicle with him. During the interview, Edward stated that he wanted us to shoot him, and that
the shotgun was unloaded Edward was transported for mental health evaluation and the firearm was secured by the New
York State Police.
Notice
(Penal Law §210.45)
In a written instrument any oerson who knowingly makes a false statement which such person does not believe to be true has
commkted a crime under the laws of the state of New York punishable as a Class A M sdemean .
Affirmed under penalty of pequry
this 07 day of MAY 2024 (5,GNAT DEPONENT)
- OR -
* Subscribed (wrmEss)
and Sworn to before me Time Ended
.ü 05/07/2024 09:33 PM
this day of MME OFPERsONTAKING
D Smor
9
7 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
GENL-15A (Rev 12/19) New York State Police Page 1 of 2
Station:NYSP Fulton Tmap: D
Receipt for Rifles, Shotguns, and
Firearms case # NY2400215608 oate:05/07/2024
Instructions:
" Retain original in case folder.
" Provide a copy to the Owner/Agent
" Attach a copy to the Evidence Record (GENL-2).
Location or Address of Surrender/Seizure Member's Name (Last, First, MI) Shield
412 County Route 10 Apt A2, Pennellville NY 13132 Morrison, Justin, A 2303
Firea m(s) Information
Serial # (if none, other Comments i.e. - describe any damage
Item # Weapon Type Manufacturer Model
distinguishing #s or marks) & list additional items (carry case, etc.)
"tgun Stock is cracked
Smith
O Pistol/Revolver
& WesSon
916-A 3B4935
O Rifle
O Shotgun
O Pistol/Revolver
D Rifle
O Shotgun
O Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver
O Rifle
¡ Shotgun
D Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver . . .
O Rifle
O Shotgun
D Pistol/Revolver
O Rifle
C Shotgun
C Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver
D Rifle
¡ Shotgun
¡ Pistol/Revolver
¡ Rifle
¡ Shotgun
O Pistol/Revolver
¡ Rifle
O Shotgun
O Pistol/Revolver
¡ Rifle
O Shotgun
O Pistol/Revolver
O Rifle
D Shotgun
O Pistol/Revolver
D Rifle
O Shotgun
O Pistol/Revolver
O Rifle
¡ Shotgun
O Pistol/Revolver
O Rifle
O Shotgun
O Pistol/Revolver
8 of 9
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
GENL-15A (Rev 12/19) New York State Police Page 2 of 2
Stanon:NYSP Fulton Tr-P: D
Receipt for Rifles, Shotguns, and
Firearms Case# NY2400215608 oate:05/07/2024
Owner'sInformation complete the Agent's Information below if the owner is not the person surrendering.)
(Also,
Name (Last, First, MI) DOB (mm/dd/yyyy)
Files, Edward, G 12/31/1971
Physical Address (No PO Box) City State Zip
412 County Route 10 Apt. A2 Pennellville NY 13132
Mailing Address (if different from physical address) City State Zip ._
County of Residence Phone # NY Driver's License # (or NY Non-Driver ID)
Oswego (315) 561-9009 841916554
Aqenfs Information
Name (Last, First, MI) DOB (mm/dd/yyyy)
Physical Address (_NEo
PO Box) City State Zip
Mailing Address (if different from physical address) City State Zip
County of Residence Phone # NY Driver's License # (or NY Non-Driver ID)
Disclosure
The weapon(s) listed above will temporarily be retained by the New York State Police.
1. Any weapon(s) that are evidence in or related to a criminal case will be held until release is authorized by the Prosecutor's office or
ordered by the Court. The weapon(s) will then be retained for reclamation or transfer for up to one year from the date that release is
authorized or ordered.
2. Any weapon(s) illegally possessed, used in the commission of a crime, or otherwise determined to be a nuisance, will be forwarded
for destruction.
3. Weapons in possession of the New York State Police pursuant to an Extreme Risk Protection Order will be retained for a minimum of
two years, or at least one year from expiration of the order, whichever is greater, unless ordered released by the court or legally
transferred pursuant to New York General Business Law §898.
4. If neither paragraphs 1, 2, or 3 apply, any rifle(s), shotgun(s), and/or pistol(s)/revolver(s) will be retained for up to one year from the
date of surrender to the New York State Police.
5. If, during the retention period, you are unable or legally prohibited from retaking possession of the weapon(s), you must make
arrangements to have the weapon(s) legally transferred pursuant to New York General Business Law §898.
6. Any weapon that has not been legally reclaimed or legally transferred by the expiration of the retention period will be declared a
nuisance, pursuant to New York Penal Law §400.05, and will be destroyed.
Surrenderer's Name (Last, First, MI) Date (mm/dd/yyyy)
Surrenderer's Signature
Member's Signature Date (mm/ddlyyyy)
5s y 05/07/2024
9 of 9
Preview
FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 Reset Form RECEIVED NYSCEF: | 05/07/2024 ' "' nycourts.gov New York State Unified Court System UCS-6341 09/2022 . Application for a Temporary Extreme Risk Protection Order nycourthelp.gov Supreme Court OSWEGO 3 County Inv. Morrison in his official capacity as a member of the NYSP Index Number: Petitioner (applying parfy) -against- Edward G. Files Jr. Respondent (against party) The petitioner, being a: @ Police Officer, as defined in CPL § 1.20; or O District Attorney with jurisdiction in the county or city where the respondent resides; or O Family or household member of the respondent, as defined in Social Services Law § 459-a(2)'; or O Principal or other chief school officer or their designee named in writing of any school in which the respondent is currently enrolled or has been enrolled in the past six months; or O Licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and therapist, registered professional nurse, licensed master social family worker or licensed mental health counselor and having treated the respondent within the previous six months. Residing or doing business at: Address: 1013 South 1st Street, Fulton, NY 13069 Phone: 315-598-2112 Cell: 315-366-6000 Email: Justin.Morrison@Troopers.NY.Gov 1 Social members" Services Law 459-a(2): "Family or household mean the following individuals: (a) persons related by consanguinity or affinity; (b) persons legally married to one another; (c) persons formerly married to one another regardless of whether they still reside in the same household; (d) persons who have a child in common regardless of whether such persons are married or have lived together at any time; (e) unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; (f) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time . . . ; or (g) any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. ADA Accommodations Spoken or Sign Language Interpreters ada(alnycourts.qov J interpreter@nycourts.gov 1 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 UCS-6341 (09/2022) Page 2 of 5 index #: Petitioner alleges that the above-named respondent is likely to engage in conduct that would result 9.39(a)2 a in serious harm to self or others as defined in MHL § and petitions the Court to issue temporary extreme risk protection order against the respondent pursuant to CPLR § 6342 based upon the facts and circumstances set forth in the following sworn application justifying the issuance of the order, to wit: Petitioner believes that the respondent is likely to engage in conduct that would result in serious harm to self or others because the respondent has engaged in, exhibited, or committed the following behavior(s) or act(s) [check a_11that apply]: ¡ A threat or act of violence or use of physical force directed toward self, the petitioner, or another person; O A violation or alleged violation of an Order of Protection; ¡ A pending charge or conviction for an offense involving the use of a weapon; O The reckless use, display or brandishing of a firearm, rifle or shotgun; ¡ A history of a violation of an Extreme Risk Protection Order; ¡ Evidence of recent or ongoing abuse of controlled substances or alcohol; ¡ Evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor; ¡ Other [specify any other relevant factors the Court should consider]: Facts and Circumstances Please provide specific facts and circumstances justifying the issuance of an extreme risk protection order: On 5/07/2024, The Respondent, Edward G. Files Jr., was observed outside his residence being disruptive and yelling. The Respondent removed a shotgun from his residence to his vehicle and continued to yell. When law enforcement arrived, The Respondent was taken into custody at which point he stated he wanted law enforcement to shoot him. 2 MHL harm" 9.39(a): "Likelihood to result in serious as used in this article shall mean: 1. substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the respondent is dangerous to him/herself, or 2. a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. 2 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 UCS-6341 Page 3 of 5 Index #: (09/2022) Respondent's Age The respondenes date of birth is 12/31/1971 and age at the time the above act(s) allegedly occurred was: 53 ; or if exact age is not known, the respondents approximate age at the time the above act(s) allegedly occurred was: . Time Elapsed The above act(s) allegedly occurred: ® Less than six months ago; or OMore than six months ago. Respondent's Location The respondent currently is located, resides, or may be contacted at: Current Location: Oswego Hospital Emergency Room Home Address: 412 County Route 10 Apt A2, Pennellville, NY 13132 Phone: (315) 561-9009 Cell: Email: [Optional: check and complete this section only if applicable] B The petitioner offers the following attached documents in support of this application for an extreme risk protection order. NOTE: List each attached document with a brief description. Attach additional sheets if necessary: 1. Deposition - R. Clarke Supporting Roy 2. Deposition - SC/SGT Heath (NYSP Supporting Fulton) 3. Genl-15A, NYSP Firearms Receipt 4. 5. 6. ¡ The petitioner requests that attachment(s) numbered be filed under seal as they contain medical, mental health, or other sensitive records and information. ¡ The petitioner requests that attachment(s) numbered be filed under seal or, in the altemative, with all personally identifiable information redacted to prevent an unreasonable risk to the physical safety of those affiants, witnesses, and other non-parties named therein. (Optional: check and complete this section only if applicable] ¡ The petitioner knows or has reason to believe that the respondent owns, possesses or has access to a firearm, rifle or shotgun, and the following is a complete listing and description of A-11 firearms, rifles and shotguns known or believed to be owned, possessed or accessible to the respondent and the respective location of each firearm, rifle or shotgun.3 3 For the purposes "possession," of this listing, the term as defined in PL § 10.00(8), means to have "physical ." possession or otherwise to exercise dominion or control 3 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 UCS-6341 (09/2022) Page 4 of 5 Index #: NOTE: Be as specific as possible regarding the description and location of the weapons and attach additional sheets if necessary: KE MODE L LIBEI SES P TI o arearm Smith & 916-A 12GA 3B4935 SP Fulton BCI Evidence Locker Wesson e sh tgun O firearm O rifle O shotgun O firearm O rice O shotgun O firearm O rise O shotgun o firearm O rine O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O arearm O rise O shotgun O firearm O rifle O shotgun (Optional: check and complete this section only if applicable] O Pursuant to CPLR § 6342(8), the petitioner requests that the court direct a search of the respondent's: O person O premises: vehicle: for firearms, rifles and shotguns and the seizure any such weapons found pursuant to said search in a manner consistent with the procedures set forth in article 690 of the criminal procedure law. Statement of Reasonable Cause: ¤ The petitioner further requests that the court authorize the search to be executed: at any time of the day or night ¡ without notice of the officer's authority or purpose Statement of Reasonable Cause: 4 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 UCS-6341 (09/2022) Page 5 of 5 Index #: [Optional: check only if applicable] O Disclosure of petitioner's address or contact information would pose an unreasonable risk to petitioner's health or safety, and petitioner hereby requests that the Court order the confidentiality and redaction of petitioner's address and contact information from any papers served upon or provided to the respondent pursuant to CPLR §6342(6)(a). ¡ Disclosure of petitioner's name would pose an unreasonable risk to petitioner's health or safety, and petitioner hereby requests that the Court order the case caption to reflect that petitioner's name is anonymous and to redact petitioner's name from any papers served upon or provided to the respondent. Signature of Petitioner Sworn to before me this 7th 8 day of May 8, 20248. Justice of the Supreme Court or Notary Public Print Form 5 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF GENL-4 DOC. (O3/05) NO. 1 RECEIVED NYSCEF: 05/07/2024 New York State Police SUPPORTING DEPOSITION (CPL PAGE _/_ OF § 100.20) THE PEOPLE OF THE STATE OF NEW YORK -VS. DEFENDANT(S) LOCATION OF INCIDENT: LOCATION OF DEPOSITION: STATE OF NEW YORK COURT STATE OF NEW YORK COUNTY OF O COUNTY OF O03a.. b state the followina: M ,An y -" le-C AW r2 v NOTICE (Penal Law § 210.45) In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor. Affirmed under penalty of perjury this day of , (SIGNA DEPONENT) - OR - * Subscribed and Sworn to before me (wrrNess) rius snoso. this day of , fo Z \A9rdsu Pitt * TNsfounneedbeswornto / ) (NAMEOFPERSON 9 TAKINGDEPOSITION) onlywherispedficallyre Ired13ytimcourt Page 1 - ORIGINAL Page 2 - COPY Page 3 - COPY Page 4 - COPY 6 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPPORTING DEPOSITION (CPL §100.20) PAGE 1 OF 1 NEW YORK STATE POLICE THE PEOPLE OF THE STATE OF NEW YORK - vr>. EDWARD G FILES Defendant(s) INOIDENT LOCATION: LOCATION OF DEPOSITION: STATE OF NEW YORK LOCAL CRIMINAL COURT STATE OF NEW YORK COUNTY OF OSWEGO COUNTY OF OSWEGO TOWN of SCHROEPPEL TOWN of SCHROEPPEL Date Time Started Full Name: On 05/07/2024 at 09-23 PM J, ALAN E HEATH Date of Birth ' No. and Street crr& state 12f22/1980 1013 S 1ST ST FULTON NY State The Following: I am employed - Station by the New York State Police an hold the rank of Sergeant Commander, stationed at SP Fulton On 05/07/24 while on patrol, I received a complaint of a man with a gun in a vehicle at 412 County Route 10 in the town of Schroeppel. I responded to that location and gathered information from the reporting party. Upon aÀival. I located the male in a white Buick sedan bearing NY license plate LGT3892. I coordinated other State Police members and eventually contact was made with the male, later identified as Edward G Files, DOB 12/31/1971. Edward was detained without incident and a shotgun was located in the vehicle with him. During the interview, Edward stated that he wanted us to shoot him, and that the shotgun was unloaded Edward was transported for mental health evaluation and the firearm was secured by the New York State Police. Notice (Penal Law §210.45) In a written instrument any oerson who knowingly makes a false statement which such person does not believe to be true has commkted a crime under the laws of the state of New York punishable as a Class A M sdemean . Affirmed under penalty of pequry this 07 day of MAY 2024 (5,GNAT DEPONENT) - OR - * Subscribed (wrmEss) and Sworn to before me Time Ended .ü 05/07/2024 09:33 PM this day of MME OFPERsONTAKING D Smor 9 7 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 GENL-15A (Rev 12/19) New York State Police Page 1 of 2 Station:NYSP Fulton Tmap: D Receipt for Rifles, Shotguns, and Firearms case # NY2400215608 oate:05/07/2024 Instructions: " Retain original in case folder. " Provide a copy to the Owner/Agent " Attach a copy to the Evidence Record (GENL-2). Location or Address of Surrender/Seizure Member's Name (Last, First, MI) Shield 412 County Route 10 Apt A2, Pennellville NY 13132 Morrison, Justin, A 2303 Firea m(s) Information Serial # (if none, other Comments i.e. - describe any damage Item # Weapon Type Manufacturer Model distinguishing #s or marks) & list additional items (carry case, etc.) "tgun Stock is cracked Smith O Pistol/Revolver & WesSon 916-A 3B4935 O Rifle O Shotgun O Pistol/Revolver D Rifle O Shotgun O Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver O Rifle ¡ Shotgun D Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver . . . O Rifle O Shotgun D Pistol/Revolver O Rifle C Shotgun C Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver D Rifle ¡ Shotgun ¡ Pistol/Revolver ¡ Rifle ¡ Shotgun O Pistol/Revolver ¡ Rifle O Shotgun O Pistol/Revolver ¡ Rifle O Shotgun O Pistol/Revolver O Rifle D Shotgun O Pistol/Revolver D Rifle O Shotgun O Pistol/Revolver O Rifle ¡ Shotgun O Pistol/Revolver O Rifle O Shotgun O Pistol/Revolver 8 of 9 FILED: OSWEGO COUNTY CLERK 05/08/2024 INDEX NO. EFC-2024-0723 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 GENL-15A (Rev 12/19) New York State Police Page 2 of 2 Stanon:NYSP Fulton Tr-P: D Receipt for Rifles, Shotguns, and Firearms Case# NY2400215608 oate:05/07/2024 Owner'sInformation complete the Agent's Information below if the owner is not the person surrendering.) (Also, Name (Last, First, MI) DOB (mm/dd/yyyy) Files, Edward, G 12/31/1971 Physical Address (No PO Box) City State Zip 412 County Route 10 Apt. A2 Pennellville NY 13132 Mailing Address (if different from physical address) City State Zip ._ County of Residence Phone # NY Driver's License # (or NY Non-Driver ID) Oswego (315) 561-9009 841916554 Aqenfs Information Name (Last, First, MI) DOB (mm/dd/yyyy) Physical Address (_NEo PO Box) City State Zip Mailing Address (if different from physical address) City State Zip County of Residence Phone # NY Driver's License # (or NY Non-Driver ID) Disclosure The weapon(s) listed above will temporarily be retained by the New York State Police. 1. Any weapon(s) that are evidence in or related to a criminal case will be held until release is authorized by the Prosecutor's office or ordered by the Court. The weapon(s) will then be retained for reclamation or transfer for up to one year from the date that release is authorized or ordered. 2. Any weapon(s) illegally possessed, used in the commission of a crime, or otherwise determined to be a nuisance, will be forwarded for destruction. 3. Weapons in possession of the New York State Police pursuant to an Extreme Risk Protection Order will be retained for a minimum of two years, or at least one year from expiration of the order, whichever is greater, unless ordered released by the court or legally transferred pursuant to New York General Business Law §898. 4. If neither paragraphs 1, 2, or 3 apply, any rifle(s), shotgun(s), and/or pistol(s)/revolver(s) will be retained for up to one year from the date of surrender to the New York State Police. 5. If, during the retention period, you are unable or legally prohibited from retaking possession of the weapon(s), you must make arrangements to have the weapon(s) legally transferred pursuant to New York General Business Law §898. 6. Any weapon that has not been legally reclaimed or legally transferred by the expiration of the retention period will be declared a nuisance, pursuant to New York Penal Law §400.05, and will be destroyed. Surrenderer's Name (Last, First, MI) Date (mm/dd/yyyy) Surrenderer's Signature Member's Signature Date (mm/ddlyyyy) 5s y 05/07/2024 9 of 9