Off-duty gun incident stirs residents

<p>Local residents still are buzzing over the arrest of an off-duty San Rafael police officer for allegedly threatening a man with a gun in downtown Petaluma on New Year's Eve, and some people are questioning whether off-duty officers should be allowed to carry firearms.</p><p>Cpl. Michael Augustus, 43, a Petaluma resident and member of the San Rafael Police Department, reportedly pulled a handgun from his waist and pointed it at a man that he had been arguing with outside Kabuki Restaurant, at 17 Petaluma Blvd. North, at 9:07 p.m. on Dec. 31.</p><p>“We live in a quiet, law-abiding community. Our officers are not under threat while off duty. They don't need to ... carry guns when they go out to dinner,” wrote BirdLady in a Petaluma360.com forum.</p><p>Other community members expressed support for off-duty law-enforcement officers carrying weapons.</p><p>“Under oath, the reason they carry (them) off duty is (for) protection for themselves, as well as you and I, if a crime is committed when they are present. You may not think of Petaluma as a Baghdad or Kabul, nor do I, but the need is there!” wrote Big Dad.</p><p>Lt. Tim Lyons of the Petaluma Police Department says that law-enforcement agencies create their own policies on the matter.</p><p>“Some allow off-duty officers to carry guns all the time, while others allow officers to carry them only at certain times,” he said.</p><p>San Rafael police officers are allowed to carry a firearm when off duty, but it must be approved by the department's firearms instructor and be kept out of sight at all times to prevent accidental cocking, discharge or loss of physical control.</p><p>The department's policy on authorized off-duty weapons also states, “A staff member shall assure that the officer is proficient in handling and firing that weapon and it will be carried in a safe manner. The weapon shall be subject to inspection whenever deemed necessary. The officer will successfully qualify with the weapon prior to it being carried, and thereafter, once annually.”</p><p>The Petaluma Police Department allows off-duty officers to carry one security weapon, but it must be kept out of sight. These officers also must carry a badge and a police ID with them, Lyons said.</p><p>“We are allowed to carry firearms for a couple of reasons: for protection, if we encounter someone who we previously arrested; and so that we can take action, as long as we identify ourselves, if we see a criminal incident taking place. Our powers don't stop at 5 p.m., and we sometimes need a weapon to take action,” he said, adding that no misuse of weapons by off-duty Petaluma officers has taken place during his 21 years of service.</p><p>Augustus has been placed on administrative leave by the San Rafael Police Department, pending an internal investigation. When contacted on Monday, a source with the department said it hasn't been determined how long the probe will last. </p><p>Lt. Dan Fink, who is handling the case, was unavailable for comment.</p><p>On the night of the incident, Augustus was at the restaurant when he approached a man he does not know who was waiting for a seat. Augustus allegedly bumped into the man for no apparent reason and then yelled profanities at him. Augustus left the restaurant, and as the victim followed him, they began shouting at each other, said Lt. Mike Cook of the Petaluma Police Department.</p><p>Then, Augustus allegedly pulled out a .45-caliber semiautomatic handgun, allegedly threatened the man and left the scene. Police saw Augustus running on Liberty Street, and because he matched the description of the suspect given by the assailant, they detained him. They established Augustus' identity and witnesses identified him as the suspect.</p><p>Augustus initially was arrested for the misdemeanor charge of brandishing a weapon, but after follow-up interviews, he was charged with assault with a deadly weapon, a felony. He was taken to Sonoma County Jail, and was freed after posting a $50,000 bond.</p><p>If convicted, he faces a sentence ranging from probation to four years in prison.</p><p>Augustus has served as a patrol officer, motorcycle officer, investigator and tactical unit member during his 16 years with the San Rafael Police Department. He was the auto theft specialist with the Marin County Major Crimes Task Force, and received a department citation in 2001 because his work led to the recovery of some $200,000 in stolen vehicles and eight arrests.</p><p>(Contact Dan Johnson at dan.johnson@arguscourier.com)</p>