He pointed the shotgun at her chest, but it repeatedly failed to fire
On Saturday (10/06), State Police in Lyons arrested Philip M. Thomas, age 29, of 7321 Jackson Hill Road, Lyons, New York for Criminal Possession of a Weapon in the 2nd degree (C felony), Assault in the 2nd degree (D felony), Criminal Possession of a Weapon in the 4th degree (A misdemeanor) and Menacing in the 2nd degree (A misdemeanor) and Reckless Endangerment in the 1st Degree.
The arrests stem from a domestic dispute that occurred at Thomas’ residence at 5:30 a.m. on Saturday, involving a female subject. Thomas, a convicted felon, was in possession of a loaded shotgun during the dispute.
It is alleged Thomas pointed a loaded 20 gauge shotgun at his girlfriend’s chest and repeatedly pulled the trigger. Luckily, he had loaded the gun with 12 gauge ammo and the gun failed to fire.
Although Thomas later claimed he had loaded the wrong ammunition on purpose to scare the woman. Custom Shop Gun Shop owner and gun expert, Dave Dentico, said it was unlikely, but possible the gun could have fired even with the wrong load.
Wayne County District Attorney Rick Healy said the case will be presented to a Grand Jury who will then decide if an Attempted Murder charge would be filed against Thomas.
Records show Thomas has an extensive police record involving drug sales, burglaries and assault against the same woman. The couple have two children in common. Police indicated the woman is “still in love with him.”
Thomas was arraigned in the Town of Galen Court in front of Town Justice Lester Carr and committed to the Wayne County Jail without bail. He was scheduled to return to the Town of Lyons Court on 11/13/12. State Police were assisted at the scene by Wayne County Sheriff’s Deputies.