Gun's owner cited, fined

ALEXANDRIA BAY — A 71-year-old man from Pennsylvania thought he was doing the proper thing Tuesday when he stopped at the state police station here to surrender a handgun he had brought into the state.

Erwin Spethmann's proactive approach cost him a $100 fine.

He doesn't know it yet, but Jefferson County District Attorney Cindy F. Intschert said Wednesday that she may try to get his money back for him, and clear him of his disorderly conduct conviction.

Mr. Spethmann, from New Ringgold, near Pottsville in eastern Pennsylvania, was on his way to Canada when it occurred to him that he might have a problem at U.S. Customs on Wellesley Island, according to a state police investigator. He was carrying a .22-caliber semiautomatic pistol.

Before approaching the Thousand Islands International Bridge, Mr. Spethmann got off Interstate 81 and drove to the state police station to turn in his gun.

Even though the weapon may be registered in Pennsylvania, it is not registered in New York, making it illegal to possess it here. The state trooper who greeted Mr. Spethmann telephoned the district attorney's office to seek advice. An assistant district attorney told the trooper to arrest Mr. Spethmann on a charge of fourth-degree criminal possession of a weapon, a misdemeanor, the investigator said.

Because the traveler surrendered the gun, and himself, the district attorney's office immediately made a motion to Alexandria Town Justice Sherry L. Pennington to reduce the charge to disorderly conduct. That accomplished, Mr. Spethmann pleaded guilty, was fined $100, and was let go to continue his trip.

Mrs. Intschert was unaware of the case until informed Wednesday by a reporter. In her initial inquiries, she said, she learned that the motion to reduce the charge recognized the facts that Mr. Spethmann apparently had no criminal record, that he had voluntarily handed over the gun to police and that the weapon was apparently legally registered in Pennsylvania.

She said there "possibly" is an exemption in the state penal code that would have spared Mr. Spethmann the arrest because he surrendered the gun.

"We are willing to take a look at this," she said.

After she discusses the case with the trooper, Mrs. Intschert said, she will decide whether there are grounds to file a motion with the court to vacate the conviction and seek a refund of the fine.

As for the gun, that may be a lost cause. State police routinely destroy seized weapons.

Mr. Spethmann "is a nice guy, friendly," said one of his neighbors, Timothy M. Houser, who was contacted Wednesday by the Times. He is a widower and a retired salesman who is an avid deer hunter, Mr. Houser said.