Pubdate: Thu, 28 Jan 2016
Source: Chico Enterprise-Record (CA)
Copyright: 2016 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Andre Byik
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

FORMER YUBA COUNTY DEPUTY TO STAND TRIAL IN BUTTE WEAPONS CASE

Oroville - A former Yuba County sheriff's deputy has been bound over 
for trial in a Butte County weapons case.

Butte County Superior Court Judge James Reilley on Wednesday ruled 
that there was probable cause to hold defendant Christopher Mark 
Heath, 37, of Oroville, for trial on a single felony count of 
possession of an assault weapon.

Heath's wife and co-defendant in the case, Tatum Heath, 35, also was 
held to answer on a single count of possession of an assault weapon. 
Judge Reilley reduced her charge to a misdemeanor.

The Heaths have pleaded not guilty.

Christopher Heath had been a deputy sheriff and narcotics task force 
agent at the Yuba County Sheriff's Office. He resigned from his 
position Jan. 15, following his arrest Dec. 28 in York County, 
Pennsylvania, for allegedly trafficking nearly 250 pounds of 
marijuana, the Marysville Appeal-Democrat reported.

During a preliminary hearing, Butte County sheriff's detective David 
Ennes testified that the Heaths' home, along with several other 
properties, were searched Dec. 29 following Christopher Heath's 
arrest in Pennsylvania.

Under questioning by deputy district attorney Jessica Miller, Ennes 
said the authorities found two modified semiautomatic rifles in the 
couple's gun safe.

Each rifle - a .223 caliber Smith & Wesson M&P 15 and a .308 caliber 
Black Rain Ordnance Fallout 10 - had its "bullet button" removed and 
replaced with a standard magazine release, Ennes said.

The Smith & Wesson rifle was purchased by Christopher Heath but was 
not found to be registered. The Black Rain Ordnance rifle was 
registered to Tatum Heath.

Further, Ennes said a 30-round magazine inscribed with, presumably, 
Christopher Heath's initials also was found inside the Smith & Wesson rifle.

Neither weapon had been registered as an assault rifle, he said.

Under cross-examination by Christopher Heath's attorney, Roberto 
Marquez, Ennes said Christopher Heath, who was a law enforcement 
officer at the time the rifles were found, could legally possess 
30-round magazines.

Ennes added, however, that a high-capacity magazine inserted into an 
AR-style rifle classifies the firearm as an assault weapon.

Law enforcement officers can be authorized by their employers to 
possess and own assault rifles. And Christopher Heath had been issued 
an assault weapon through the Yuba County Sheriff's Office, his attorney said.

Bruce Wristen, an investigator with the Butte County District 
Attorney's Office, testified that the Yuba County Sheriff's Office 
did not have any record of a request from Christopher Heath to 
purchase an assault weapon.

The Heaths are scheduled to be re-arraigned on the weapons charges Feb. 24.

Christopher Heath is scheduled to appear in a Pennsylvania courtroom 
on drug trafficking charges Feb. 11.

The defendants remained out of custody.
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