New ‘Red Flag’ law used in Oneida County, three times


Threats made to law enforcement, immigrants in Utica

ONEIDA COUNTY–Under New York State’s recently effective ‘Red Flag’ law, three men were ordered to turn over their firearms following reported threats to law enforcement, and immigrants.

The ‘Red Flag’ law took effect Aug. 24, allowing judges to order someone’s guns seized if they threaten to harm themself or others.

Law enforcement, school officials and family members of those making threats can petition the State Supreme Court to issue an ‘Extreme Risk Protection Order’ to the person making the threat.

Oneida County Sheriff Robert Maciol said on Sept. 12, his office responded to a home in the Town of Western for a medical call, along with fire and EMS officials.

“Actually, a few members of the family were home. An individual at the residence began to make some threats towards the first responding deputies,” Maciol said.

Matthew J. Walker, 51, allegedly made verbal threats to law enforcement to “fill them with lead,” going on to threaten to “take out” a 911 dispatcher–according to court documents.

Portion of the Extreme Risk Protection Order for Matthew J. Walker, provided by the New York State Office of Court Administration.

“I believe three long guns were taken, and a couple hand guns.”

Oneida County Sheriff Robert Maciol

Walker was also blocked from purchasing a firearm.

The three protection orders in Oneida County came from State Supreme Court Justice Erin P. Gall (5th Judicial District.)

Two protection orders were issued following threats in the City of Utica.

Court documents show one threat was made against Utica Police Officer Amanda Maciol–who happens to be Sheriff Maciol’s daughter.

Joseph S. Zyla, 39, allegedly threatened to shoot Officer Maciol around the time she responded to a domestic call on Mary Street, Sept. 17.

A section of the Extreme Risk Protection Order for Joseph S. Zyla, provided by the New York State Office of Court Administration. Eyewitness News blacked-out an expletive.

Zyla was ordered to turn over any guns, though the Utica Police Department said he had none–the order from Hon. Gall also barred Zyla from buying one.

The third ‘Red Flag’ order was levied on Anthony E. Green, 36, after Utica police responded to a call, Sept. 9, on Eagle Street.

Court documentation indicates officers found “components that could be assembled to create a firearm or rifle.”

Green allegedly told an officer they were his items, and he was “trying to make a rifle to defend America and take America back from the immigrants in the City of Utica.”

A section of the Extreme Risk Protection Order for Anthony E. Green, provided by the New York State Office of Court Administration.

Hon. Gall also ordered Green from purchasing a firearm.

Court papers show the three ‘Red Flag’ orders expire in September, 2020.

According to the law, respondents have one opportunity to ask the court to set aside any portion of the order.

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