FARMINGTON — A Franklin County Superior Court justice has ordered 19 guns seized in a heroin trafficking investigation in 2016 to be turned over to the state.
Mark Barrett, 61, formerly of Farmington, is serving three years of an eight-year sentence with the Department of Corrections. He testified at a criminal forfeiture hearing Tuesday that he wanted to give his gun collection to his sister, who lives in Leeds.
Barrett was found guilty in September 2017 in Franklin County Superior Court in Farmington of importing and trafficking in heroin. He forfeited a car used to bring heroin to Maine from Massachusetts and a handgun that was in the car. More than 38 grams of heroin in the car were seized.
Police intercepted Barrett’s car, driven by Guy Stevens, 42, of Temple, in July 2016, on Lucy Knowles Road in Farmington. Besides searching the car, they searched the house where Barrett lived and found dozens of plastic bags laid out and a drug ledger with names and amounts listed, and 19 guns, which were seized.
Maine State Police Trooper Randy Hall testified Tuesday that he searched the house and found guns and prescription pills in unlabeled bottles.
Farmington police Officer Darin Gilbert testified that there were 60- and 10-milligram pills of oxycodone, Percocet and Ambien pills. Barrett did not have prescriptions for the drugs, he said.
Barrett testified he was prescribed 30-milligram oxycodone pills after undergoing foot surgery.
He said he invested more than $25,000 in a firearms collection using money from his 401(k) retirement savings plan and a disability settlement.
“I am not asking for the firearms for myself but to give them to my sister,” Barrett said. “The firearms was my savings account.”
Barrett had receipts for some of the firearms, but no prescriptions for drugs found in a safe. He said sometimes he and a housemate traded medication.
Defense attorney Adam Sherman argued that Barrett has a constitutional right to have firearms, and there has to be evidence a firearm was used in committing a crime, including in a threatening manner, or was brandished.
Justice Robert Mullen said the case fits the criminal forfeiture statute, which says law enforcement officers may seize all firearms and dangerous weapons they find in any lawful search for illegal drugs and in which illegal drugs are found.
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