Updated: Four charged with shooting paintballs within city limits
MASON CITY – The Mason city Police Department was notified shortly after midnight on June 26, 2012 about occupants of a vehicle shooting paintballs on the south side of Mason City.
Officers quickly located the vehicle and conducted an investigation.
The officers located several paintball guns inside the vehicle along with four occupants. The occupants were charged with discharging a firearm within city limits, a violation of a city ordinance.
The occupants of the vehicle, all from Mason City, were identified as:
- Zachary Sletten, 18 (pictured)
- Drake Shimon, 20
- Wraymond Todd, 18
- Kory Hogfoss, 19
All were cited and released to appear in court at the conclusion of the investigation.
Discharging a firearm within city limits is a simple misdemeanor, punishable by up to 30 days in jail or a $625.00 fine.
More information: (12012975) Weapon Violation Reported: 06-26-2012 0001
Officers were notified of a vehicle that contained persons suspected of paint-balling private property in the area. Officer located the vehicle, an investigation was done and four adult males were charged with discharging a firearm within the city limits.
Addresses Involved:
700 block of Federal Av S S, Mason City, IA 50401
Names Involved
(Arrested) ############################# (Age:18)
(Address:) 18133 290 St , Mason City, IA 50401
(Arrested) #################### (Age:20)
(Address:) 319 5 St NW, Mason City, IA 50401
(Arrested) ##################### (Age:19)
(Address:) 194 Grover Av SAPT405, Mason City, IA 50401
(Arrested) ################### (Age:18)
(Address:) 777 Eisenhower Av SLOT150, Mason City, IA 50401
(Complainant) #######################
99 Responses to Updated: Four charged with shooting paintballs within city limits
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ANIMAL LOVER
July 1, 2012 at 6:49 pm
I didn’t realize a paintball gun was considered a firearm… When you think of firearm, most people think of a weapon that could fatally wound someone…
Citizen X
July 17, 2012 at 11:55 am
If you think thats bad so to speak, look up the stones,missles, projectiles law. anything that fires any type of projectile is considered a firearm
Peter L
June 28, 2012 at 8:45 am
If people don’t quite understand what I’m getting at with all of this I’ll spell it out. My goal is to get people to no longer be blindly obedient and subservient to the authoritarian state. You obey a law because the law itself is good, not because someone in uniform says you are supposed to obey it. For far too long in this society people have been going along with this underlying current of fear of authority, fear of the law. Our society should not be based on fear, but based on truth, fairness and recognition that our good laws are put in place to protect us all, including the environment, and that to break one of them is not a rebellion against “authority” but damage to every person place and thing which comprises our community. When communities exist because of hegemony, domination, enslavement, dynasty, authoritarianism, dictatorship, the natural result is enmity and ill will amongst the populace. The us and them phenomena. We need to break that down, and begin restoring communities to what they should be…places for everyone to thrive and feel alive. NOt oppressed and in fear. You should not have to avoid Johnny Law officer, because you’re worried he’ll bust you for a marijuana cigarette. This lopsided system has created imbalance and convolution amongst our people…when it’s all really so basic and easy to get along. But to get along, we must first eliminate the authoritarians among us. There is no other way. Authoritarians must be equalized or eliminated. They dictate to us, and create a conditioned response, rather than a true comprehension of why something should or shouldn’t be.
Observer
June 27, 2012 at 6:51 pm
” The two should not be lumped into the same category. It’s just not right. The same goes for someone firing an airgun/bb gun/ etc.”
It is right, and correct. The law qualifies “the lawful use of……”
Add up Peter, how many pets have been killed or maimed by pellet or bb guns. For a fact, my cat has been shot at by a miscreant youth with a pellet gun, AND, the parent excused the behavior, that is until MC PD arrived and changed his attitude.
Five blocks away, kids were shooting at songbirds with a bb gun, item was confiscated.
The qualifier of the ordinance is the bottom line to the whole issue…and which will not interfere with the peaceful use and enjoyment of adjacent property.
Peter, if you were my neighbor “testing” his paintball gun in the back yard, and a projectile went errant, I would most certainly pursue the issue because it would interfere with my right to the peaceful use and enjoyment of adjacent property. (such a thing is a basic constitutional right in the U.S.)
Peter L
June 27, 2012 at 11:11 pm
Sorry to hear about miscreant youth shooting wildlife and songbirds. I’m all for protecting wildlife. But there are provisions for protecting wildlife without having to erroneously label someone as discharging a firearm, when the truth is they shot a bb gun or paintball gun. Why is it so hard for you and other people here on NIT to distinguish between separate crimes? The tendency is just because someone did A…we’ll charge them with B, which will teach them a lesson in untruth and inconsistency, which will showcase to them our blind power over them. No logic, nor consistency, nor fairness…just fear, servitude, and obedience.
Observer, you just don’t get it. I’ve tried and tried with you, and you keep coming at me with illogical untruth.
If someone hurts wild animals, and they are protected by city ordinance…it doesn’t matter what they used to hurt them…the crime of hurting them is sufficient to charge them for EXACTLY WHAT THEY DID…not what they might do.
If someone shoots a paintball gun and it causes destruction to property or injury to person…don’t waste time trying to charge them with some trumped up weapons charge to scare everyone else…charge them for exactly what they did. They fired a missile, vandalized, and assaulted someone.
Name it for what it exactly is. And a paintball gun is NOT A FIREARM.
John Bunnell
June 27, 2012 at 3:19 pm
Wow, who would have thought that four young adults out after midnight, vandalizing other proples property, would get this much support?
Observer
June 27, 2012 at 6:54 pm
Peter likes to stir up emotions with silly notions. I guarantee if his rights were being violated, or his property damaged, he would feel ill used. But since he holds no property, it’s ok in his mind to violate the rights of those that do.
Honestly, what else could it be?
Peter L
June 27, 2012 at 11:25 am
I’ll take everyone’s silence to mean they concur with me. Next!
No
June 27, 2012 at 12:17 pm
Peter L.
I don’t disagree that the code needs better clarification, but even if the code is changed today it doesn’t change the code of yesturday. And as the City code is writen now the MCPD charged the 4 subjects correctly. Plus the County Attorney Dalen has no authority over changing any of the Code for Mason City or any other town or city in the county, this is done at a City level.
Peter L
June 27, 2012 at 12:40 pm
Dalen has the right to dismiss the charges if he doesn’t feel he can secure a conviction, or if he feels their is something inherently flawed by the city ordinance. Actually, this may be able to be prosecuted under city ordinance with city attorney, come to think of it. Not sure if it was written with city or state code ordinance/code numbers.
LVS
June 27, 2012 at 2:25 pm
Peter-Peter, what would you do to pass the time without this site to pass on your viewpoint. You are interesting and some times entertaining as well as quite often irritating. Have fun.
David
June 27, 2012 at 3:32 pm
Peter, maybe you should post your address so the next time these kids decide to paintball someones house they have a good target. You sound pretty good for an armchair lawyer, maybe you should run for office and try to change the laws instead of complain about them, me I am satisfied with them.
Clear Lake City Code
June 27, 2012 at 9:31 am
41.09 THROWING AND SHOOTING.
It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles, BB guns or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground or public building, without written consent of the Council.
You can find link from Clear Lake City website.
Peter L
June 27, 2012 at 10:22 am
again…this is another good definition of what paintball guns should qualify under. thanks to you and the other person who quoted mason city code. It saved me from having to look it up.
Mason City City Code
June 27, 2012 at 9:24 am
8-3-7: DISCHARGE OF FIREARMS:
It shall be unlawful for any person, except federal, state, county and municipal law enforcement officers in the performance of duty or training, to shoot or discharge any firearm or air gun except when authorized and permitted by the chief of police after investigation for the following purposes:
A. The lawful activity of a person or firearm organization upon premises which are safe for said activity and which will not interfere with the peaceful use and enjoyment of adjacent property.
8-3-31: SLINGSHOTS, STONES AND MISSILES:
It shall be unlawful for any person to throw or shoot any missile, dart, shaft, slingshot, stick, stone or ball in such a manner as to hit, injure or endanger any person, window or other property.
You can find the link from Mason City’s website.
moronic legislation
June 27, 2012 at 9:09 am
so a shopvac on reverse with a golf ball in the hose is considered a firearm in Mason City? Change the law back.
No
June 27, 2012 at 9:44 am
No, but because you are using the shopvac to shoot a golfball at a high rate of speed making it a missile and a dangerous weapon that could cause serious injury or damage to property. You could be changed with Mason City code:
8-3-31: SLINGSHOTS, STONES AND MISSILES:
It shall be unlawful for any person to throw or shoot any missile, dart, shaft, slingshot, stick, stone or ball in such a manner as to hit, injure or endanger any person, window or other property.
Peter L
June 27, 2012 at 10:17 am
and if the code you cite is correct…this is exactly what the young men should have been charged with…along with vandalism and assault. It is not discharge of a firearm, never was, and if the police only charged them with that charge…the perpetrators have a good chance of beating the charge. Police better think before they act…and not let emotions and anger cloud their judgment.
Observer
June 27, 2012 at 10:31 am
The court of Peter L does not count!
What we go by in this country is a court of Law. They alone according to the Constitution are charged with deciding cases of criminal and civil justice.
Kagaroo courts, and self proclaimed saviors of society do not provide sufficient due process, nor do they cover your rights to a fair trial under the State and U.S. Constitutions.
No
June 27, 2012 at 10:34 am
Peter L.
The code they were charged with is the correct code because it does state:
to shoot or discharge any firearm or AIR GUN
A paintball is shot by using an air compressed tank attached to the weapon. This causing the ball to travel at a high rate of speed from the gun. Making it an air assisted weapon “hens” an air gun.
Peter L
June 27, 2012 at 10:54 am
I don’t deny of the potential destructive and lethal capability of compressed air technology. With the right projectile attached, airguns can become deadly weapons. Nail guns when shot, are lethal missiles. I dispute qualifying this as a firearm. Look at the prefix “fire”. A chemical reaction resulting in the burning, or ignition of a combustible material. Gunpowder ignites as a result of the hammer striking the cap, creating a spark, which explodes the gunpowder (causing a mini-fire) propelling the projectile down the shaft to create a missile with velocity of varying degrees (depending on explosive force detonated).
Airguns have no “fire” in them. Plus, you need to look at the object which was propelled as a result of the compressed air being released in a quick explosion…in this case plastic balls full of colored liquid dye ie “paint”.
Someone pointed out that their hand held slingshot tennis ball launcher could under city code definitions qualify as discharge of a firearm…depending on how the word firearm is interpreted.
I believe clarification needs to ensue with the code categorizing things into missile projectiles of a non-lethal and lethal variety…regardless of the method of propulsion. Arrows and crossbow bolts are potentially lethal, but you don’t need a background check to acquire them. ( I wonder why not???)
Ultimately the lawmakers need to pull their heads out of their asses and get with the times and technology to draft appropriate laws, definitions, and ordinances to more accurately reflect our modern world.
Peter L
June 27, 2012 at 11:11 am
Because let’s face it: Even if you threw a tennis ball really hard at someone, and it resulted somehow in their freakish serious injury or death (perhaps a blood clot was released by the impact of the projectile?), there are provisions in the law to account for actual harm that occurred as the result of your throwing or shooting any projectile.
What’s at stake here is the categorization of the crime, which I believe has implications as to how society views a persons record and background. If someone owns paintball gun equipment and for whatever reasons wants to shoot it in their backyard just to see how it fires and works, and a police officer catches them…under present ordinance, they could be charged with discharging of a firearm, and have this marring their permanent record. Now if someone steps outside their yard and fires off a 20 gauge shotgun…it could be construed that the person is careless, reckless, inconsiderate, and possibly dangerous. Explosive force of incendiary nature, with high velocity lethal projectiles and loud explosion alarming neighbors, wildlife etc.
Such a person could be construed to be dangerous and reckless in a different nature and caliber then a person firing off a quiet air compressed plastic ball of paint. The two should not be lumped into the same category. It’s just not right. The same goes for someone firing an airgun/bb gun/ etc.
Think about it. Even those soft pellet air pistols…the really weak child toy things could qualify as discharge of a firearm. The law is stupid and inconsiderate and needs to be clarified.
I think you people know that ultimately right, so stop fighting it and tell your legislators that we want better clarification of our laws pertaining to this issue…and County attorney Dalen….if you’re out there reading this…please drop the charge on these boys. MCPD, you can go back and charge them with the appropriate firing of a missile charge, along with vandalism and assault…but discharge of a firearm is not an option if you want the charge to stick and to be just and right.
Peter L
June 27, 2012 at 8:50 am
The bottom line in this argument, and one that I believe if this case were to make it to the Supreme Court the justices would ask of the solicitor general is this:
At present, are background checks required when a person tries to buy Paintball guns or equipment, like they are for traditional definitions of firearms? If no, then it’s obvious the state does not hold paintball guns in the same category as firearms and therefore, weapons charges cannot be handed out by state or city ordinances classifying them as such.
RWB
June 27, 2012 at 9:35 am
Agreed.
I go back to if your underage (say 8 to 14) child is caught being a kid (who knows where or how they got a hold of it but they do) and discharges a PB gun in city limits, should he or she be charged with a firearms charge?
The difference in this case is these folks were using said PB guns in vandalism. Surley our local PD can use multiple charges based on the vandalism.
Yes, it’s a city ordinance. Is a PB gun defined as a “firearm”? By whom? What authority defines it?
Observer
June 27, 2012 at 11:11 am
Peter, California, New Jersey, and New York’s laws have passed judicial muster for defining a paintball under the classification of a weapon due to it’s destructive properties. Same applies to a nail gun. Yes, there are legal cases for same.
As far as SCOTUS, better think again. While BATF does not define a paintgun as a “firearm” SCOTUS would agree with local laws as far as offensive weapons, or weapons with an ability to be destructive and cause bodily injury. There are no Federal Laws precluding or preventing local laws to be established. See Fourteenth Amendment.
Watchdog
June 27, 2012 at 6:13 am
These youngsters and far from adults. 18 year old’s should know right from wrong and be held accountable however they are no way adults yet.
The average age of maturity is 28 years of ages. Some mature faster then others but most people can’t reason properly until around the age of 28.
This incident doesn’t fit the intent of the law. Time for a review of our laws and set the punishment to fit the crime.
Sorry. This is a case of boys will be boys!
Anonymous
June 27, 2012 at 7:23 am
Hang ‘em before they get a chance to do something really stupid.
A-non-y-mous
June 28, 2012 at 12:04 am
Well then lets not charge 18-25 yr olds as adults for crimes or let them vote, buy tobacco, alcohol, join the military or sign legal documents, get married. Better change the stat rape laws as well & age of consent. And since we are redefining what is a mature responsible adult got to change age of being able to work and stay home alone, cuz obviously 18-20 yr olds need constant supervision.
Anonymous
June 27, 2012 at 12:04 am
If that was my kid, I wouldn’t even claim him.
koin
June 26, 2012 at 11:10 pm
Its going to be funny seeing these guys get hard charges for something like this. Yet on the other side people who seriously assault others are out and still doing it. Its always mixed up when it comes to justice. SMTCF!
Anonymous
June 27, 2012 at 12:09 am
Before you display your ignorance and post sentiments downplaying the severity of paintball shooters, I suggest you do some investigation and find out what damage they can do. I think you’ll find out that before safety equipment came into practice in paintball wars, there were a number of permanent injuries plus I know of at least one fatality.
Anonymous
June 26, 2012 at 10:58 pm
Ok so with the whole discharging a firearm and what a firearm my be considered as confuses the heck out of me. I have a hyperdog tennis ball launcher that is literally a large sling-shot that goes on my arm. I can’t use that anymore to exercise my dog with because it’s considered to be discharging a firearm. It’s a bunch of crap if you ask me.
Lawsteward
June 26, 2012 at 10:21 pm
What a picture…talk about your “sloe-eyed knuckle-dragging Neanderthal”…this boy is it! I don’t believe a mother could kiss that puss! It would be nice to get him out of the “gene” pool!
Anonymous
June 26, 2012 at 8:49 pm
AS a fellow law abiding Paintballer, I would like to point out that without the proper gear. A paintball gun can be damn near lethal. There is a reason we wear specially made masks.. Getting hit in the eye from less than 10 yards without a mask would take out your eye and could cause brain damage if not death.
I would also have to agree that, while paintball guns are not actual “Firearms” they should be treated like one. Trust me when I say that the law knows all too well that a Paintball gun is not a “Firearm” and they don’t care. The increased charges should prevent shit like this from happening.
If they actually fired on a person, the charges should’ve been assault with a deadly weapon..
Its not just paint that can be loaded into these things. Riot forces use what they call “Pepper balls”, or a paintball filled with pepper spray. And thats just the start. In military training they use rubber balls, paintballs and even water balls. A quick search online and you can even buy steel balls for these guns.
Simply freezing regular paintballs could cause them to break skin. No one would know if their frozen either, they would melt too fast, especially in this heat..
There are somedays on the course where I would rather take a bb/pellet gun hit than a paintball..
For those who suffered damages, you have my empathy, but count yourself lucky, it could’ve been a hellofa lot worse.
I personally know Zac. These guys know better. Zac is not a bad kid. He just hangs with the wrong crowd, and they’ll never learn. They should be held responsible for their actions and hopefully the get their act together.
They give people like us a bad rep..
Peter L
June 26, 2012 at 11:32 pm
Well the police may not care whether or not paintball guns qualify as a firearm, but the defendants, lawyers, and judges sure will…or at least should. It’s not right to be firing off paintball guns at people’s homes, cars, and people walking down the sidewalk. I’m not doubting that vandalism, and assault charges apply.
I’m doubting and denying that this qualifies as discharge of a firearm…and if it does, then new rules in the legislation need to be worded to more specifically define what is a firearm, and what counts as destructive force.
I mentioned in a comment below that my friends and I used to have BB gun wars down at West Park by the BMX track, and at Lime Creek while I was around the same age as these lads, and to think of being charged with discharge of a firearm is ridiculous. Granted, we never shot at property, or other people…only ourselves. Those welts stung, and bruised, but I would hardly qualify them as deadly destructive force. I’m sure paintball guns do pack some punch…but get real. If they were so patently dangerous as you make them out to be, they wouldn’t be allowed in the first place.
Most of the anger and overcharging in this comes from the rash of vandalism across the city that police probably believe was perpetrated by these same 4 guys.
Like I also mentioned in another comment. If I had a bag of flour in my car….should I be charged with possession of cocaine, just because the bag of flour looks like cocaine?
Cola
June 26, 2012 at 7:12 pm
This is a violation of a CITY ORDINANCE. This is not a violation of state code. What the city code and state code classifies a “firearm” are two different things. City ordinance violations don’t go on ones criminal record
Anonymous
June 26, 2012 at 7:54 pm
Better look that one up on Iowa Courts Municipal infractions go on your record which many background agencies use.
sijr
June 26, 2012 at 6:07 pm
Squirt some WD-40 on the spots and it should come right off.
jimbob
June 26, 2012 at 5:56 pm
If anything these guys should be charged with more like assault for the guy walking down the street they shot at and vandalism for everyone’s property they were shooting at. The state lumps together airguns and guns so why shouldn’t the city.
jimbob
June 26, 2012 at 5:49 pm
@ peter L multiple police reports of them shooting at people and private property here’s one
(12012964) Suspicion Reported: 06-25-2012 2007
Complainant reported that as he was walking, someone from a vehicle fired a paintball gun at him. Officers checked the area but were unable to locate. Special attention was added.
Addresses Involved
5 St SW & Monroe Av S, Mason City, IA 50401
Names Involved
(Complainant) #####################
Officers Involved
(Primary) Officer Friese, Noah
MrsS
June 26, 2012 at 5:42 pm
I’ll take a painballed car over a pedo or wanna be gangster living in my neighborhood any day! Since when is a paintball gun considered a firearm?? lol! Maybe criminal mischief if they were shooting at property but definitely not a firearm, geez.
Laurie
June 26, 2012 at 5:33 pm
Peter L- I suggest you consult a dictionary before going off on a rant. Here I will help you out Fire’arm’-n. any hand weapon from which a shot is fired by explosive force, as a rifle or pistol. From Websters New Dictionary copyright 2003. Now can you argue that the paintball is not shot with an explosive force? Ex-plo’sive-adj. 1.of, causing, or like an explosion 2.tending to explode.
Laurie
June 26, 2012 at 5:52 pm
At any rate this would have to be argued at the federal level and changed there. I doubt these young men have the money to pay lawyers over a period of years, let alone pay for damages caused. City council can’t change ordinace until federal changes the definition of the law.
Hack
June 26, 2012 at 5:14 pm
Hack off their arms up to the elbow and tattoo their faces blaze orange. Do the same to the parents if they complain.
Anonymous
June 26, 2012 at 4:03 pm
Matt: Asked this once, and for the safety of our citizens, am asking again. Please post the addresses for these losers. It would be nice to know which neighborhoods are infected with this pestilence. I have worked hard for what I have and do not take kindly to anyone who tries to take away or damage what I have earned. Thank you.
Matt Marquardt
June 26, 2012 at 4:09 pm
MCPD will not release report at this time… that has the addresses in it. Once I get that I will be more than happy to publish their addresses. Thanks.
Anonymous
June 26, 2012 at 4:40 pm
(12012975) Weapon Violation Reported: 06-26-2012 0001
Officers were notified of a vehicle that contained persons suspected of paint-balling private property in the area. Officer located the vehicle, an investigation was done and four adult males were charged with discharging a firearm within the city limits.
Addresses Involved
700 block of Federal Av S S, Mason City, IA 50401
Names Involved
(Arrested) ############################# (Age:18)
(Address:) 18133 290 St , Mason City, IA 50401
(Arrested) #################### (Age:20)
(Address:) 319 5 St NW, Mason City, IA 50401
(Arrested) ##################### (Age:19)
(Address:) 194 Grover Av SAPT405, Mason City, IA 50401
(Arrested) ################### (Age:18)
(Address:) 777 Eisenhower Av SLOT150, Mason City, IA 50401
(Complainant) #######################
Officers Involved
Sergeant Lillquist, Mike
Officer Buck, Dustin
Officer Phaiboun, Roungaroun
(Primary) Officer Onder, Aaron
Peter L
June 26, 2012 at 4:48 pm
If any of the four charged are reading this. I advise you to retain the services of an attorney and fight this charge all the way, arguing what i’ve outlined…that paintball guns should not constitute “discharge of a firearm”. Take it all the way to court, get a jury trial, and I’ll definitely show up to watch the proceedings. You can beat this. Don’t plead guilty…trust me.
Anonymous
June 26, 2012 at 5:32 pm
I advise you to paintball Peter’s home in Clear Lake. He may actually pay you thinking it is artwork.
Anonymous
June 26, 2012 at 5:33 pm
I WILL SHOW UP TO WATCH HIM SCRUB IT OFF HIS HOUSE THE NEXT DAY, WHY TALKING ABOUT LESS GOVERNMENT.
jimbob jenkins
June 26, 2012 at 5:37 pm
At Peter L. I tried to fight a similar charge with a bb gun unfortunately I lost. Iowa law evidently sees paintball and pellet guns as firearms (as they should) All fighting this charge will do is cost you and me the taxpayer more money. At least one of these kids has been arrested twice in the past month and now a third time. And bb guns are not a far cry from a rifle. I have a .22 pellet gun that would kill a man.
Peter L
June 26, 2012 at 6:46 pm
the feet per minute would need to be analyzed…with type of projectile shot. is a slingshot, blowgun considered firearm?
Peter L
June 26, 2012 at 7:05 pm
I would draft ordinance as “missiles” and categorize projectiles as lethal or non lethal. arrows, bolts, bullets lethal…etc
anny- mosa
June 26, 2012 at 3:29 pm
any of these paint ball boys own a white chevy S10 or have a friend who owns one?
Anonymous
June 26, 2012 at 2:58 pm
Just so you are all aware this “boys will be boys attitude” is all well in good until its your property hit. Maybe those of you defending them would like to come wash the paint ball off the side of my house, the foundation, and window along with fixing the siding they broke. Yeah I really like take their “toys” and send them home. THEY ARE NOT BOYS—they want the rights of adults they can deal with the consequences!!!
RWB
June 26, 2012 at 3:28 pm
“Yeah I really like take their “toys” and send them home”
If this is in reference to what I said or pointed at me, re-read ALL of what I said.
No one is defending what they did and at the time of this article, there was no mention of vandalism.
Peter is defending the charge of a “firearm”, which I agree with. If your underage (say 8 to 14) child is caught being a kid (who knows where or how they got a hold of it but they do) and discharges a PB gun in city limits, should he or she be charged with a firearms charge?
Anonymous
June 26, 2012 at 3:52 pm
NO my response was aimed at Ashley not you. Sorry if it looked that way. I agree if you are a kid it should be handled differently. These were not kids. I think any “gun” at night in the dark is dangerous to the ones holding them and the police who are out protecting us. Iam not sure if this is the charge I would choose either but its not my decision.
Peter L
June 26, 2012 at 4:30 pm
Okay even so, should they be charged with a firearm charge when it’s not a firearm at all, but a Co2 paintball gun? Should someone be charged for cocaine possession if they are transporting a ziplock bag of flour around? My answer would be no. In order to be charged with something illegal, you have to actually be in possession of that which is illegal. Resemblances don’t cut it. \
Now, if the paintball gun is used in the perpetration of a crime, such as holding someone up…then an appropriate charge could be used against them…assault, robbery w/ false firearm or whatever would be the equivalent. However, I still would not charge them the same as if they used an actual firearm in the crime. Someone could come up behind you and use a banana to hold you up. Yes that is a crime, but the banana is not an actual gun which could kill you, so the charge should be different. Same applies here with the paintball guns…which were not used in this instance to rob anyone or hold up a convenience store.
Does all this sound tedious? Yes it is…but that’s what’s required for justice to be justice and the law to be the law.
Peter L
June 26, 2012 at 4:36 pm
I will clause this by stating that if sometime technology and innovation have developed a Co2 gun or airgun which shoots projectiles capable of being considered a deadly or dangerous weapon, and that type of ammunition is used in the guns, then an appropriate law should be created to reflect the new technology. Something like “discharging a dangerous weapon” in city limits should suffice. However at present, paintball technology is a rubbery plastic ball with paint. Yes it stings, and yes anything that hits a human could cause injury or death, because it’s unpredictable what could result to various bodies in various states of conditions and age…but generally a paintball will sting and splatter, but not kill you or seriously maim you, like a firearm could. High powered BB guns if you were struck in the jugular vein could kill you, but you don’t need a weapons permit to acquire them…no background check required. that reason alone, should place them in a different category when it comes to “discharging”/firing them in city limits.
City council are you listening? Time to roll up your sleeves and get to work.
ashley
June 26, 2012 at 2:31 pm
No they are not the cause of the other vadilism in mason they are usually with me in my town okay ya they vandalized things but still I’m sure everyone does something when they are young and get in big trouble for it but they learn from their mistakes okay
RWB
June 26, 2012 at 2:49 pm
Here’s the problem Ashley; your words below.
“let them have fun”
I don’t think the people that had their property vandalized would agree with that.
“stop hating on us kids these days”
This would be the other problem; again your words. How would you suggest that hard working, taxpaying citizens stop hating on you kids these days when you disrespect our property.
Kind of hard for us to do that, is it not?
Citizen
June 26, 2012 at 4:28 pm
I know many people that never got into so called “big” trouble as 18-21 year olds. This attitude of kids will be kids is wrong and that everyone gets into trouble. This is vandalism and why are these people riding around after midnight with these guns in their car? These are adults! I do think we need to know who these people are and where they live. We need to be vigilant looking out of the safety of our families and neighbors. This is scary stuff.
ashley
June 26, 2012 at 2:02 pm
Okay really postin stuff about their pat like crimminal records don’t need to be on here that is personal information okay I know these people infact3 of them are my friends ones my boyfriend they are still young let them have fun pretty sure most of you were young and wild till you got married had kids or finally learned to settle down so stop hating on us kids these days
RWB
June 26, 2012 at 2:22 pm
The problem Ashley is what is known versus the unknown. You seem to be in the know, so fill us in.
Young and Wild is one thing, but IF, and I say IF, because the article does not say, these young people disrespected private property or vandalized property, than nothing you can say will justify those actions.
People work hard for what they have, and when someone or a group of people destroy it or damage it. There is hell to pay, one way or another.
People don’t know what happened, we assume, because of the article. It suggets wrongdoing.
Please tell us the story. And may I ask, are they in anyway connected to the other vandalism that has been going around town lately? 4 young men get arrested for shooting PB guns the night after alot of vandalism takes place. Very suggestive indeed. Most would conclude a connection. I do not know, just asking.
Fill us in.
My Voice
June 26, 2012 at 10:12 pm
WRONG Ashley, it IS NOT personal information…it is PUBLIC RECORD. If you or your classy friends there have a problem with that then don’t break the law and you won’t have anything to worry about us knowing. AND, obviously they don’t learn. This dumbass Sletten keeps getting himself into trouble.
Peter, it doesn’t matter what your opinion of a firearm is…(i tend to agree with you on your opinion of one), the ordinance covers BB guns and paint guns. I think there should be a different class but regardless of that…i agree that they should be illegal in city limits. So really, it’s a matter of splittin hairs in my opinion. It surprises me that you take their defense. There is no way in hell i’d want to see them beat or try to beat this charge. They vandalized peoples property and should be held accountable. Period.
My Voice
June 26, 2012 at 10:18 pm
Just read RWB’s post below. I can agree with that. Change the charge of firearm out of it or update the ordinance but enforce 100% the vandalism and give zero break on it. Like i said, they need to be held accountable.
Peter L
June 27, 2012 at 8:33 am
its vandalism and assault. Discharge of firearm has more serious repercussions down the road restricting 2nd amend rights
David
June 26, 2012 at 12:26 pm
For those that are saying that they should not be charged the same because it is a paintball gun should first be shot with the paintball gun, then say that. If a convicted felon is not allowed to be on a paintball team by law, there must be a reason for it.
kim gremmer
June 26, 2012 at 12:48 pm
North Iowa Mugshots
Sletten, Zacary David-Richard
09-13-1993
Booked CGCJ: 05-30-2012 14:30
FELONY CLASS D – COURT/PENDING – 716.4
CRIMINAL MISCHIEF – VANDALISM/2ND DEG./$1,000 TO $10,000
A – COURT/PENDING – 5-2-2N. PARK HOURS: CLOSED 2300 TO 0600 (MC) – cite and releaed on street (5-22-12)
that dumbass was just in trouble
Peter L
June 26, 2012 at 1:38 pm
Your kidding? A convicted felon cannot be on a paintball team? That’s ridiculous. Wow, the law really is messed up. It needs to be almost completely overhauled, as there are so many rules that are dumb, while rules that should be in place…are non-existent. This is what happens when smart people neglect democratic process.
David
June 26, 2012 at 1:53 pm
Actually a convicted felon cannot own a paintball gun period or it is a violation of his parol.
Glad I don't live in Mason City
June 26, 2012 at 12:14 pm
Ok.. This may seem dumb.. but what if these adults shooting paintball guns… Driving down a side street pull the gun out the window and a citizen with a weapon carry permit pulls his/her weapon out and fires at them in fear that they may be harming someone.. what then?? That’s why we have these laws.. and these kids are dumb “VERY DUMB” for doing this… Throw the book at them!!!
RWB
June 26, 2012 at 12:32 pm
The problem with that is “intent to kill”. Iowa is not Texas or Florida. It’s no different than a PO shooting four kids because he or she saw a “gun barrel” pointed at them and then fired and killed all four. Only later to find out that the gun barrel was in fact a PB gun.
Before firing on any individual, there needs to be intent to kill or do bodily harm. How do you get that? Have to wait until the other person fires first, and it better be a GUN, not a PB gun. Or you have to absolutley have positive ID that a GUN is being pointed at you. That it in fact is a GUN, not a PB gun or BB gun or plastic toy, etc.
Sucks, but that is justified.
concerned
June 26, 2012 at 2:08 pm
So basically i have to take a bullet in my body before i can shoot back to protect myself? Thats nice, realy thought that law out.
Anonymous
June 26, 2012 at 11:57 am
All are little asses….who is gonna pay for all the damage
jmo032
June 26, 2012 at 11:20 am
Peter L. you’re a blazing idiot. It wouldn’t matter what the cops charged them with you would think it was wrong. Your problem is that you have a hard on for the police. These ADULTS shot paintballs at peoples houses which I know for a fact. Those people now have to fix the holes in their siding because of these criminals. And you think they should be let off and that the cops are picking on them. Tough! Quit breaking the law and grow up! Maybe you’d like it if they shot at your car with no windows or doors.
My Voice
June 26, 2012 at 11:15 am
The Nut does NOT fall too far from the tree. This Zachary Sletten is a real track star….much like his old man. The poster people for white trash.
Anonymous
June 26, 2012 at 11:04 am
Matt: Appreciate the article and the names of the individuals concerned, but would also appreciate their addresses. It would be nice to know if any of these people live around us so we can keep an eye on our property. It would just be another way we can help protect our homes and property. Thank you.
Anonymous
June 26, 2012 at 10:55 am
Peter L. You talk about paintball guns as if they were toys. Why do you think that protective equipment is required for paintball activity? It’s inherently dangerous and these young men showed a gross disregard for public safety in their actions. I can accept the fact of your posts trying to “muddy the waters” and cause dissention, but it’s sometimes difficult to accept your lack of common sense, or the total lack of basic logic in some of your reasoning.
Just say,n
June 26, 2012 at 10:54 am
so a squirtgun would be a firearm because it has a projectile?
Hopefully more to the story, if not, police must use some common sense, thats part of police work as well, common sense.
Citizen
June 26, 2012 at 10:51 am
The problem here: These are adults shooting paintball guns after midnight out of a car. Seriously? I find it hard to believe that some of you don’t see anything wrong with this picture. What is wrong with our society? I can’t imagine anyone posting here would like their property vandalized.
Anonymous
June 26, 2012 at 10:58 am
Good post. Accurate, logical, common sense.
Anonymous
June 26, 2012 at 10:35 am
How many of you would like to have paint balls shot at your car and then have to clean it up? If someone with a gun getting ready to shoot it out of a car are you going to ask them if it is a paint gun or a real gun. They have no business shooting paint ball guns from a car.
Peter L
June 26, 2012 at 10:38 am
then find an appropriate charge to charge them with. It’s not a “firearm”, and they shouldn’t have to have a firearm charge on their record, because the city doesn’t have a proper ordinance drafted to account for paintball guns, which have been around for several decades now.
Anonymous
June 26, 2012 at 12:42 pm
If they don’t want it on their record then they shouldn’t be doing it. It’s impossible to have a ordinance for every act of stupidity.
Peter L
June 26, 2012 at 10:31 am
Okay, I’m going to have to call bullshit on this one. Discharging of a Firearm? Are you insane? It’s a paintball gun. It’s not the definition of a fire arm. It’s propelled by CO2 gas and not gunpowder, hence there is no “fire” in the arm. The Mason City police should feel like giant idiots for this. I’d love to be the lawyer fighting this one.
blackbird
June 26, 2012 at 10:38 am
The ordinance specifies firearms OR air guns. The police are just doing their job..
It shall be unlawful for any person, except federal, state, county and municipal law enforcement officers in the performance of duty or training, to shoot or discharge any firearm or air gun except when authorized and permitted by the chief of police after investigation for the following purposes:
A. The lawful activity of a person or firearm organization upon premises which are safe for said activity and which will not interfere with the peaceful use and enjoyment of adjacent property.
B. To abate a nuisance caused by birds or animals upon the property owned or rented by said applicant.
All persons discharging firearms within the municipality for the purposes set forth in subsections A and B of this section must have the written permit to discharge said firearm(s) at the time of discharge or, when issued to a firearm organization, said permit must be displayed in a conspicuous place when said activity is being conducted. The permits shall be nonassignable and may only be used for the purposes and at the time specified therein. (Ord. 1430, 3-20-1978)
Peter L
June 26, 2012 at 10:47 am
Well that’s too bad the council doesn’t have provisions to distinguish between a paintball gun and a firearm. I would not have lumped paintball guns in with firearms OR airguns. Airguns and firearms shoot metal projectiles, while paintguns shoot plastic rubbery balls filled with non-toxic, non-staining paint. The article makes no mention of what they were shooting at either…which is obviously important to distinguish if it qualified as assault or vandalism.
LVS
June 26, 2012 at 3:08 pm
Peter – are you out of your flippin mind?? Wake up, these are not kids they are adult’s who are out destroying property that other people have worked to have just for the hell of it. I am starting to believe some of the things said about you. I really thought you were smarter than this. You must not own anything or else don’t care about it. Do you have any idea what it costs to repaint a car or put new siding on a house just because some little punk ass thought it was cute to destroy it.
Peter L
June 26, 2012 at 11:19 pm
It doesn’t matter what I own or don’t own. This is about accurately describing what the crime is…if any. Too many people on this damn website join in on the lynch em and torch em bandwagon, and I’m SICK OF IT. I remember having BB gun wars with my friends at West Park and at Lime Creek while about the same age as these kids. Hell, we shot Co2 bb guns and pump air guns at each other, wearing only sunglasses to protect us. If the cops would have charged me with discharge of a firearm, STOP…they wouldn’t have…because police back then had more sense than the ultra right wing forces that are out there today. Granted, these dudes were causing trouble…and we never shot at other people or property…just ourselves…but I still assert paintball guns don’t qualify as discharge of a firearm. Paintball wouldn’t be allowed if it was as lethal as some of the comments describe it to be.
Watchdog
June 27, 2012 at 6:06 am
LVS, you are sadly mistaken. These youngsters and far from adults. 18 year old’s should know right from wrong and be held accountable however they are no way adults yet.
The average age of maturity is 28 years of ages. Some mature faster then others but most people can’t reason properly until around the age of 28.
Sorry. This is a case of boys will be boys!
LVS
June 27, 2012 at 8:52 am
Under the law they are adults and should be prosecuted as such. People with attitudes like yours and Peter’s are the reason we have these types of problems. From what I have heard this is not a first offense for these young people. And Peter-I too used to have BB gun fights but that was a different time and different culture. You can’t go back to those days so get over it and quit whining everytime someone throws your off the wall opinions in your face.
?????
June 26, 2012 at 10:28 am
can someone tell me what constitutes a firearm? Sqirtgun, capgun? slingshot? BB gun? Pellet Gun?
I am asking for a serious reply.
Publius
June 26, 2012 at 10:49 am
I believe Mason City has an ordinance against “projectiles” within the city limits. This includes paintball guns, bb/pellet guns, bow and arrow, etc. Firearms fall under a different classification, but discharge within the city limits is also prohibited.
Peter L
June 26, 2012 at 11:40 am
Clear Lake also has something about projectiles. And yes you are correct. Firearms as in .22′s, .38′s, .44′s, 9mm etc are a FAR CRY from BB guns and paintball guns. A person should not have to face the same type of charge, and have discharge of a firearm on their permanent record when it was a paintball gun…something that can cause harm and damage, but is not the same as a gun which can cause death. I think clarification should occur.
All I’ve ever asked for is clarification and reason in our government and laws. that’s it. I’m not looking for attention or to cause anarchy or dissent like some allege i am. I want what’s fair, consistent, logical and true.
RWB
June 26, 2012 at 12:13 pm
Unfortunately, there is not a common sence law. Leaders need to lead and step up. That’s what they do. A charge of discharging a firearm within city limits is not very practical, even though the city has a ordinance against it. Another law that is outdated; need to define “firearm”. I believe if you asked 20 people what constitues a firearm, not one of them would say PB gun.
Back in the day, the police would have sent them home and taken their PB guns; wrote thier names down to see if they learned a lesson.
Now, that being said, if these young men were vandalizing private property or shooting at citizens; then charge them that way. And they deserve every bit if it.
Peter L
June 26, 2012 at 1:41 pm
I’m impressed with RWB. It seems we have another rational thinker out there. There aren’t many on NIT. We may have to form a club.
LVS
June 26, 2012 at 10:18 am
All four are old enough to know right from wrong. Punish them to the full extent of the law. We were just lucky it was paintball guns instead of real guns.
Anonymous
June 26, 2012 at 1:34 pm
This time. Looks like they are graduating pretty quickly. This wont be the last time we see their names. And the charges will be worse and worse as time goes on.