Undercover Cop Hits Man , Victim Pulls Gun and Loses Gun and Gun Rights Forever

Freddy’s Note:

I have updated this post with some new information.  This doesn’t seem fair.  This guy did nothing but try and protect himself and he ended up losing his gun, his gun rights and now he has a criminal record. The guy did not know the guy who almost ran him over was a undercover cop.  I hope all three of these corrupt public officials are paid back via Bad Karma what they did to this poor man.

Massive Injustice in Palmerton

A man literally walked into the middle of police surveillance of a man accused of robbery several women and raping some of them, but it’s what Barry Pointon Jr. did next that earned him a criminal record.

Police were trying to catch Saleem Faulk and officers followed him to the Home Depot parking lot off MacArthur Road in Whitehall Township back on Nov. 15, 2012.

Pointon was walking across the parking lot toward his car, putting a receipt in his pocket,  an unmarked police car driven by Allentown police Detective Tom Anderson, who was wearing plainclothes and his badge on a chain around his neck, Senior Deputy District Attorney Tonya Tharp said. Anderson was assisting other officers in the Home Depot surveillance. Detective Anderson was speeding through the parking lot and “slammed on his brakes” and was unable to stop in time, knocking over Pointon.  When Pointion got up off the ground, he saw that the driver of the car, (Detective Anderson) was yelling curses at him. When Pointon saw the driver of the car, reaching for a gun, he pulled out his own gun in self defense and pointed it at Anderson.

The detective got out of his car, identified himself as a police officer and pointed his gun at Pointon, who dropped his gun and followed the officer’s orders, Tharp said.

Today, Pointon pleaded guilty to reckless endangerment and possession of a prohibited weapon, in exchange for prosecutors withdrawing other charges including aggravated assault. Under the plea deal, prosecutors agreed to a sentence of two years of probation, with the first three months served as house arrest. Pointon has been free on $50,000 unsecured bail

Pointon, 28, has no prior criminal history and was licensed to carry a firearm, defense attorney Phil Lauer said.

“It’s pretty clear, I think, he misunderstood what was happening,” Lauer said of the incident.

Anderson said the incident occurred in front of the store’s busy main entrance and there were five or six people nearby when Pointon pulled his loaded 9 mm pistol.

“I’m curious, what caused you to get out of the car?” Judge Kelly Banach asked Anderson.

“He was pointing a gun at me. I couldn’t just let it go,” Anderson said.

Lauer said it has been difficult for Pointon to accept having a criminal record when he felt he was reacting to something he thought was a danger to him, but he takes responsibility for putting other people in danger.

Banach asked Pointon why he was carrying a firearm. Pointon said his father abused him and made threats against him and his family from prison. Pointon said he was going over to his mother’s after target practice with his wife, which is why he had the gun on him.

Banach said she didn’t think Pointon, who was tearful during parts of the hearing, would be able to shoot someone. She said once Pointon pulled his weapon, “then it’s on — game on,” and the situation could have escalated quickly.

“Maybe this all has a good result. You don’t need a weapon,” Banach said.

Pointon agreed to let the pistol be destroyed and will not be able to have a firearm or live in a house with firearms under the terms of his probation. With the prohibited weapons conviction on his record, he will be excluded from owning firearms, Banach said.

Faulk, the man at the center of the police surveillance, was arrested. Last month Faulk admitted robbing eight women, sexually assaulting two of them and being an accomplice in the rape of another.

6 thoughts on “Undercover Cop Hits Man , Victim Pulls Gun and Loses Gun and Gun Rights Forever

  1. Sorry, Freddy… The incident did not require anyone pulling a gun. Menacing.
    Police vehicles come close to hitting people as do civilian operated motor vehicles. Nothing, indicated a proper displaying or intended threat to use deadly physical force.
    Cop was correct 100%.

    • Cop was in Plain clothes and not in a marked Police Car (he may have actually hit the man in the legs with the car) according to another news report.

      You think the guy who was hit/nearly hit deserves a criminal record and to forever loose his gun rights?

      I know you are a ex cop. I will have to run this situation past my father-in law and Brother-in law who are on the job to see their reactions.

      • Plainclothes immaterial. Why would the use of deadly physical force be thought of? I would have arrested him also, and voided his permit on the spot. Accidents will occur and if, the vehicle did strike him, an accident report is filed.
        Actually, yes, he should lose his carry permit and be revoked for life, as the incident was not over-the-top stressful and he resorted improperly to use deadly physical force, or implied threat of, and also it was a motor vehicle, but I do not know how that state law regarding motor vehicles is written.
        Menacing First Degree, Handgun/Loaded; Reckless Endangerment First Degree, Handgun/Loaded. Using a firearm under a permit as a threat, constitutes an unlawful use and will result in revocation of the CCW permit on-the-spot by police, as police are the lawful custodian of State/City/Municipal property. Gun gets vouchered. Ballistics Laboratory Request made to determine if weapon is in operating condition. Complaint form will indicate whether or not a bullet was chambered. The arrestee gets a copy of vouchered property which is marked as Arrest Evidence. The arrestee gets a copy of confiscation form of the CCW permit and will be noted with Complaint Number and Arrest Number. Today they have electronic fingerprinting, but we would normally take five sets of hard prints Brayer and Ink, one federal, two state, two city, an extra set of prints on either state or city form depending which government branch issued the permit, and that gets attached to the actual CCW permit and confiscation form. Permit gets ballpoint pen marked “REVOKED”, both sides. If plastic, cut in two pieces. No appearance ticket issued, it is a photographable offense, and the arrestee is systemized until arraignment in Criminal Court/District Court.

      • Before I forget… He also gets a summons for pedestrian failing to observe while crossing. If police vehicle did hit him, then another summons for accident with police vehicle. Marked, or unmarked, he was careless and negligent.

      • Cop was speeding in a home deport parking lot.

        Maybe cop should have just run the guy over and billed his family for damage to the car. But again, maybe the guy was lucky, because some cops would have just shot and killed the guy.

  2. It happens, but they might have the mandatory regulation if any, police vehicle is involved in a motor vehicle accident, the other party, is issued a traffic ticket (or two, etc.).
    In uniform and working a job, someone wasn’t paying attention and struck my person, sending me to the Emergency Room. I remember looking up from the pavement with rain pouring into my face and the headlights, a woman screaming in tears because she hit me. A few more feet and the car would have caught up with me and rolled over me, but, I felt that it was, an accident. Lieutenant responded and she got ticketed. I have had people rear end patrol cars I was driving, they got ticketed. That’s the way it is, and up to the Legal Department how they want to pursue it.

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