New York Judge Censured After Accidental Discharge Of Weapon In Chambers

Judge Vincent Sgueglia of the Tioga County Family and Surrogate’s Courts has been censure in a bizarre case after he took a loaded .38-caliber Smith and Wesson that discharged in his chambers. There is no rule preventing judges from packing heat in chambers in New York but the state Commission on Judicial Conduct declared that Sgueglia, 70, should not have approved his own concealed-carry permit.


One of the most striking facts in the opinion is the arsenal approved for the concealed-carry permit:

On or about November 3, 2005, respondent, a licensing officer authorized to review and issue pistol permits in Tioga County by virtue of his judicial office, approved his own Pistol/Revolver License Application for a “have-and-carry- concealed” license, authorizing his largely unrestricted possession of three pistols: a Kel Tec Automatic .380, a Glock Automatic 9 Millimeter and a Waither Automatic .22. The permit contained no restrictions. . . .
6. Between February 6, 2006, and September 15,2010, the Sheriff’s Department approved 14 amendments to respondent’s permit, noting the addition of 17 pistols.

The judge had been threatened in the past so that was no real debate over the basis for his safety concerns. However, he would keep a gun in a drawer in his office and that led to a near disaster:

On January 21, 2010, respondent carried a .38 caliber Smith and Wesson revolver into the Tioga County Courthouse. Respondent knew there was a faulty mechanism on the revolver that was used to cock the firearm and rotate the cylinder. . . .
17. At about 10:30 AM on January 21,2010, during a break in court proceedings and while alone in his chambers, respondent decided to try to repair the mechanism. Respondent did not know that the revolver was loaded but as a standard protocol he pointed it in a safe direction at a concrete wall. While respondent was manipulating the revolver for repair, it accidentally discharged. Respondent does not know mechanically what caused the gun to discharge. Respondent did not check to determine if the gun was loaded, and when he started to fix it he still believed it was unloaded.

The bullet hit a wall with an elevator on the other side. Fortunately it was not a higher caliber that might have passed through the wall.

The Commission noted: “Upon reflection, respondent acknowledges that his chambers was not an appropriate location for hhn to have been repairing a personal firearm.”

Sgueglia has been the subject of a petition for removal in the past but it is not clear how serious the underlying allegations were or whether this was just a disgruntled former litigant.

While the commission voted for censure, one judge voted in dissent that the facts did not warrant disciplinary action.

Here is the opinion: Sgueglia.Vincent.2012.08.10.DET

Source: ABA Journal

29 thoughts on “New York Judge Censured After Accidental Discharge Of Weapon In Chambers”

  1. SO YOU HAVE REMOVED THE INFORMATION IN REFERENCE TO YOU AND SOME JUDGES WANTING TO MURDER ME??? (Yes, poor Jeanne…State of New Hampshire immoral and corrupt lawyer who can only hope to win via Corruption: Why don’t you reply to me being an inmate in the Niagara Falls jail for 60 days after I sought Asylum in March this year in The Nedertherlands, and what Dutch officials said, “WE DO NOT ACCEPT ASYLUM SEEKERS FROM AMERICA BECAUSE AMERICA IS A SAFE COUNTRY, BUT IN LIGHT OF YOUR OVER-WHELMING EVIDENCE, YOU QUALIFY FOR FOR HUMANITARIAN ASSISTANCE, START THE PAPER-WORK TO BRING YOUR SON!”
    When I did, Jeanne and her corrupt friend (Jusstice Breyer providing the cover) cut off all communications of my son to me, forcing me to come back, and then they put me in jail!
    Yes Jeanne! I KNOW YOU WOULD LIKE TO PRETEND THAT THIS DID NOT OCCUR, THAT YOU DID NOT SEND PORN TO MY SON FROM AGE 10-15, AND KEPT HIM OUT OF SCHOOL ETC, BECAUSE I HAVE THE FACTS ON MY SON…ISN’T THAT WHY ATTORNEY RAYMOND FOSS WAS REMOVED FROM THIS CASE? UNDER THREAT OF HIS LAW LICENSE?
    BECAUSE the Hooksett school district violated the Special education act of 2004…Jeanne I did not come up with the punishment that if school districts violated this act, they would lose federal $$$ THE CONGRESS DID!
    STOP LYING, FACE THE TRUTH, AND NOT THE FANTASIES OF YOUR IMMORALITIES! STOP USING SOVIET TRICKS…PEOPLE CAN READ BETWEEN THE LINES FOR THEMSELVES! YOU CORRUPT WHORE! OFCOURSE THEY ARE MANY NH FAMILIES WHO KNOW OF WHAT I AM SPEAKING….Beth and David Petit, Elena Katz and husband etc!
    Elizabeth Juanita Campbell

    PS Let’s see if you will remove this or not…you usually do when the fire becomes intense!

  2. WHO COULD BE MORE LAWLESS, MORE CORRUPT, MOST HYPOCRITICAL THAN THE BOLD FACE LIES OF THE UNITED STATES SUPREME COURT JUSTICES???
    THEY HAVE NO RESPECT FOR THE VERY LAWS THEY USHER IN!

    Check out the Winkleman decision: Jeff & Sandy Winkleman of Parma, Ohio…Why this United States Supreme Court of LIES & HYPOCRISY, said that parents have the right to take up their children’s cause under (“Special Education”) as their own and go into any Court asserting their rights (since these children are minors, and Goss v Lopez has already established their 14th Amendment Liberty & property rights in their education…not to mention the fact that the IDEA (2004 Individual Disability Education Act) gives them extensive rights!
    When I did just that, they provided the cover for the attoney Jeanne M. Kincaid of Drummond& Woodsum (Portsmouth, NH) to keep me (now permanently unemployed), send me porn and death threats, as well as my son) and deny my human rights.
    Today, I continue to live in shelters, i lived in NH, RI, MD, Niagara Falls, and Buffalo NY, and now I am living in Chicago in a shelter. Kincaid wants you to believe that I still live in baltimore, and that I am insane. Just remember this:
    9While Campbell has not cited all of the relevant regulations in support of her claims, the facts alleged show possible violations of a number of regulations, including: 34 C.F.R. § 300.101 (a) (requiring a “free appropriate public education” for all children, including those with disabilities); 34 C.F.R. § 300.107 (requiring school districts to provide special education students with nonacademic services to support implementation of an IEP; 34 C.F.R. § 300.121 (mandating procedural safeguards to protect the rights of parents and children under the IDEA); 34 C.F.R. § 300.123 (requiring procedures to maintain confidentiality of any personally identifiable information); 34 C.F.R. § 300.300 (generally requiring informed parental consent for evaluations of children, conducted to determine eligibility for special education services); 34 C.F.R. § 300.301 (requiring initial evaluation to occur within sixty days of referral by parent or school); 34 C.F.R. §§ 300.304-300.306 (providing procedures and requirements for conducting evaluations of children and determining eligibility for special education services); 34 C.F.R. §§300.320-300.324 (defining an IEP, setting out required contents of IEP, identifying rights and responsibilities of all parties, including school, special education providers and parents, in creation of IEP, and describing procedures for developing, reviewing, and revising IEPs); 34 C.F.R. § 300.502 (establishing rights of parents to obtain independent evaluations of child); 34 C.F.R. § 300.504 (establishing procedural safeguards for parents and children); and; 34 C.F.R. § 300.511-300.519 (establishing procedures for conducting a due process hearing upon the filing of a due process complaint and explaining procedure for resolving complaints through hearing and appeal).
    (Magistrate Judge Muirhead’s Report & Recommendation 2007cv00276, pg.18).
    This is why Kincaid places “anonymous” postings here on Turley’s;
    http://jonathanturley.org/2012/08/28/new-york-judge-censured-after-accidental-discharge-of-weapon-in-chambers/
    pretending that I am delusional! When you’ve sent porn and death threats to a 10 yr old boy for a number of years, when you’ve denied him enrollment in school for 2 years; when you denied his father the right to be involved in his life FOR NO REASON AS THAN CORRUPTIONS (AS JUDGES AND JUSTICE BREYER [PROVIDES THE COVER FOR HUMAN RIGHTS ABUSES) WHAT CAN YOU SAY?
    Is this not what we are told the former soviet union did/does to its citizens? ABUSE THEM AND THEN PRETEND THEY ARE CRAZY?
    AND WHAT ELSE IS THIS DEGENERATE WHORE TO DO? (Her name: >Jeanne M. Kincaid)?

    Lets see if Jeanne will edit this (as usual) or let you read it without doing so!

  3. IT IS CLEAR THAT GOVERNMENT LAWYERS AND THE CORRUPT JUDGES/JUSTICES MONITOR THE INTERNET AND, THEY USE DIS-INFORMATION AS A MEANS TO SPREAD LIES…THIS IS WHAT I BELIEVE IS TAKING PLACE HERE IN REFERENCE TO MS. CAMPBELL.
    Charles Smith

  4. I too agree with Allen. In Nazi germany abuse upon the disabled was a first before Jews and Gypsies. Clearly our constitutional rights no longer exists AND THIS IS A FACT! DO YOUR RESEARCH!
    Marlene Smith

  5. The facts remain that Juanita is CORRECT! Look up the cases of Beth petit or Elena Katz. in the State of NH there exists gross human rights against Disabled children and their parents.
    The IDEA (Individual Disability Education Act mandates that if, or when School Districts violate the Special Education statues, that Federal $$$ be IMMEDIATELY REMOVED FROM THAT DISTRICT. Consequently, States hire whores (LAWYERS WHO LACK ETHICS) TO GO AFTER THE PARENTS WHO FILED SUITS regardles of whether the Magistrate Judge rules for them or not!
    Magistrate Judge James Murihead (now retired) ruled to allow Campbell’s lawsuit to go forth (after the Chief judge Stepehn McAuliffe husband of Christie McAuliffe): HE ALLOWED THE CASE TO GO FORWARD BECAUSE OF THE FACTS.
    I HAVE BEEN FOLLOWING THIS CASE! jeanne M. kincaid continues to abuse Disabled children all across america now. the Suprme Court have given her the opportunity to go from state to state (without the license/jurisdiction paper-work/red-tape0 to DENY THE VERY RIGHTS THAT THE CONGRESS OF 2004 MANDATES IN THE IDEA STATUES!
    EDUCATE YOURSELVES BEFORE TALKING!
    Ian S. Allen

  6. Elizabeth Juanita Campbell, I recommend professional assistance for your problem. Not legal aid, but a good shrink. There is strong evidence in your post for delusional disorder.

  7. What is up with the diction on this blog. Was the judge censured in the correct tense or was he censure? Did you mean to say that he was sin sure? If the blog has an automatic censoring device that asks one to moderate the comments to the articles, why does that device not work on the article itself. The censor sure missed censure on this one. This not something I would usually itchinBay about or igLatinPay to others.

  8. I dont know what the Sullivan Act is but usually when a Mick acts there is some trouble down the road. The right to arm bears would seem to extend to humanoids but what do I know. They dont let dogs have guns either. When they outlaw guns, only outlaws have guns. Now would probably be the time to apply for a gun permit before this particular gun bearing judge.

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