Ex-wife wanted the rifle taken - Sun reporters-Nov. 30, 2007

News Article in its entirety. Long, but worth reading.

By Melissa Harris and Tyeesha Dixon - Sun reporters - November 30, 2007

The casket of David Brockdorff, 12, is carried out of a Frederick church. Services were held yesterday for Gail L. Pumphrey and her children, David, Megan, and Brandon, who were shot Thanksgiving Day by her ex-husband. (Sun photo by Andre F. Chung/November 29, 2007)

FREDERICK - The Howard County flight attendant, along with her children, was shot to death by her former husband in a Thanksgiving Day murder-suicide had twice asked Frederick County courts to confiscate his rifle - but the judges never required him to surrender it. State law requires handguns to be turned in when protective orders are issued, but not long-barreled guns, such as the .22-caliober rifle that David P. Brockdorff, 40, used to kill Gail L. Pumphrey, 43, and their three children, David, 12, Megan, 10, and Brandon, 7, before turning the gun on himself. A funeral service for Pumphrey and the children took place yesterday at a Frederick Church. The shootings in a secluded Montgomery County park where Pumphrey had gone to turn over the children so the could spend part of Thanksgiving with their father have revived calls from lawmakers who want to give court officials the authority to confiscate all firearms when a protective order is sought.

August 2005: Gail L. Brockdorff requests a protective order against her husband, David P. Brockdorff, and asks the court to order him to surrender his rifle.
Sept 2, 2005: Final protective order granted by District Judge Oliver John Cejka Jr., who does not order surrender of the rifle.
Oct. 7, 2005: David Brockdorff appeals Cejka's order. Nov. 3, 2005: Gail Brockdorff files for divorce.
Dec. 7, 2005: Gail Brockdorff wins the appeal, and Cejka's final protective order is reaffirmed by Circuit Judge Julie S. Solt.
Jan. 16, 2007: Divorce is granted.
Gail Brockdorff adopts her birth name, Pumphrey.
April 13: Pumphrey requests second protective order and again asks that the rifle be taken away.
May 3: Circuit Judge John H. Tisdale accepts a consent order in lieu of a final protective order. Lawyers negotiated the order, which addresses only communication between the former spouses. Brockdorff's rifle is neither discussed at the hearing nor addressed in the consent order. Nov. 22: Brockdorff kills his ex-wife and their three children with the rifle, then commits suicide. {Source: Frederick County court records}

"There needs to be more oversight when someone has concerns about a weapon," said Sen. Nancy J. King, a Democrat from Montgomery County, who was one of six sponsors of failed legislation last year that would have permitted the confiscation of weapons before a final protective order is issued and would apply to all weapons." "My guess is that the bill will be put back in. If there's any threat to the family, that weapon should be taken away. When it's brought to someone's attention, it doesn't seem right to just ignore it."

The bill, however, raised constitutional concerns that court officials could confiscate guns before the accused had a chance to be heard in court and rebut the allegations.

"We haven't been able to get past the House Judiciary Committee," said Jodi Finkelstein, executive director of the Domestic Violence Center of Howard County. "The general thinking has been: 'You can take my house; you can take my kids. I don't care, just don't take me guns.'"

Federal law requires forfeiture of firearms even in state cases, but enforcement is vested with federal officials upon the request of local authorities. It could not be learned whether such a request had been made in the Pumphrey case. Pumphrey sought court protection from Brockdorff's abuse and harassment in 2005 and again this year, and each time she reported the rifle on a form and checked a box informing the judge she wanted it confiscated, according to court records. But the two Frederick County court orders that resulted from the requests - one read into the record May 3 and later signed by Circuit Judge John H. Tisdale, and another signed Aug. 8, 2005, by District Judge Julie S. Solt later that year - did not require Brockdorff to turn over the rifle.

At the time of the shooting, the 2005 order had expired, but the second order, which lawyers for Pumphrey and Brockdorff negotiated and then submitted to Tisdale in lieu of a formal protective order, was in effect. It focused on limiting the communication between the former spouses and ignored her request flied 20 days earlier to remove the rifle. "I would always err on the side of getting the guns out of someone's possession, and I think most judges do," said Del. Kathleen M. Dumais, a Montgomery County attorney and co-sponsor of last year's legislation." "In fairness to the judges who handle these cases, you are hearing from just these parties. You're trusting your gut based on the credibility of these witness. ...No judge wants to be in the position of seeing what's happened in this case."

Advocates against domestic violence say the exception for long-barreled guns is troubling in light of stricter federal laws, which local agencies can't enforce. Under the federal 1994 Violence Against Women Act, all firearms,including rifles, are generally required to be forfeited when a state or federal court issues a protective order, but federal agencies, such as the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives, are responsible for enforcement.

After Pumphrey was granted the 2005 final protective order, someone - typically, the sheriff's office - would have hand to report Brockdorff's rifle to federal authorities, who then would have had to act, said David Sargent, a former Washington police officer who trains law enforcement officers for the Maryland Network Against Domestic Violence.

It could not be learned whether such a request had been made. Fredierck County Sheriff Chuck Jenkins has not returned several messages left at his office and his spokeswoman, Cpl. Jennifer Bailey, referred reporters to Montgomery County police. Judges Cjeka and Tisdale and John M. Quinn, Pumphrey's attorney at the May hearing, also did not return phone calls to their offices.

At the May 3 hearing, Tisdale admonished both Pumphrey and Brockdorff. "When the two of you are warring - and I've got the other domestic violence file and the second file on the domestic side - when two of you are fighting and carrying on like this, you're not thinking for the children; you're carrying on your own fight," Tisdale said at the hearing, which lasted 13 minutes, according to an audio recording obtained the The Sun. "And I'm not picking on either of you. I'm picking on both of you. ...Candidly, I call this case 'Where are the grown-ups?'"

Pumphrey, a flight attendant for US Airways based at Ronald Reagan Washington National Airport, had primary custody of the three children but had agreed to a visitation arrangement that included alternating custody on weekends and every other Tuesday or Thursday evening. On Thanksgiving, the exchange was to occur at 2 p.m., according to court records, but the former couple might have moved it back. Police said Pumphrey did not arrive at Unity Park until after 4 p.m. Pumphrey sometimes had a sister drop off and pick up the children to avoid fights, according to court records. "I would suggest you not get our of the car when dropping off the kids," Pumphrey wrote to Brockdorff in April." "The kids are all old enough to get themselves out of the car. You are very sick. Please get help!!"

On June 7, in response to her concerns, Tisdale ordered the exchanges to occur at the Frederick County Law Enforcement Center off Interstate 70, which includes headquarters for the sheriff's office and state police barracks.

It's unclear why Pumphrey agreed to the Thanksgiving exchange in such a secluded area. "This is an opportunity to reinforce the message that the transfer of children is never best served in a private location like that," said Barbara Martin, CEO of Heartly House, which provides services to victims of domestic violence and sexual assault in Frederick. "For the safety of our clients, they need to proceed, if not in a justice center or visitation center, at least in a very, very public location."

Tuesday, April 22, 2008

Hi,Folks,
Thanks for stopping by recently. Sorry I haven't been blogging as of late. I have been so busy each day trying to get flower beds in order, the pond cleaned up, and now the mowing has started! Yeah, summer is on its way.

The roofers started yesterday putting on the new roof from the furnace damage. They seem to be moving right along. They were here at 7 a.m. this morning and are now working on the other side. The new skylights are very nice and are made of glass not plastic as before.

The CCAPL is moving right a long and we have had some fund-raising activities to recruit new members and tell them what we are all about. Sure hope we can get some land soon, somehow, to start building the animal shelter for this county. I think once we acquire land, the support will be tremendous!

Towards the end of the week, or over the weekend, I'm going to try and type in my blog a very disturbing, sad and an interesting article regarding "Ex-wife wanted the rifle taken-court failed to order weapon's surrender" so please stop back and read it.

I am not opposed to people owning guns. We have several. My hubby has been a hunter all his life. Raised on a farm and taught to respect and handle guns properly. So was I. What I am opposed to is the lack of respect and use of guns for needless and senseless killing. I believe we all have the right to bear arms.

Gotta go for now. Lots to get done outside today.
Have a great week, and thanks for stopping by. Stay safe.

Becky :)

Wed. April 16, 2008 Woman handcuffed to a cage

Hi, Everyone,
I had a great time in Georgia last week visiting with my beautiful sister and her handsome husband. Ate great food, visited lots of local points of interest and the weather was grand too.
For your information I am including an article about a woman handcuffed to a dog cage. Quite disturbing!

Police release details of abduction; husband taken from hospital to jail Wednesday, April 16, Robert Wang REPOSITORY STAFF WRITER

Local Headlines • Not the first time in cage for woman• CANTON (Ohio): A man accused of handcuffing his wife in a dog cage fired a gun several times at the floor near her feet while their 15-month-old child was in an adjoining room, police said. Matthew R. George was discharged Tuesday night from Akron City Hospital and booked into the Stark County Jail, police said. Police Lt. Jim Cole said after police issued an all-points bulletin for George, police officers in Springfield Township found him in his vehicle at the Red Roof Inn parking lot off Arlington Road. Cole said George had swallowed a large quantity of Tylenol pills and was transported to the hospital. Police have said that Matthew George and Mary Swihart were married in Las Vegas sometime last week. On Saturday, at George's home at 1205 19th St. NW, they had an argument that escalated, police said, when George punched Swihart in the mouth. The 26-year-old wife told police that George then grabbed her by the hair and forced her into a dog cage the size of a four-foot cube, in the dining room area. George uses the cage to house his two dogs — a pit bull and pit bull mix, Cole said. He then handcuffed the woman to the cage for several hours. "We've received information it was not the first time she had been put inside the cage," said Cole. Swihart told officers that George pointed his gun at her and threatened to kill her. He had a small flashlight affixed to the weapon, which he shined on her as he aimed the weapon at her. She frantically pleaded with him to let her out of the cage, police said. He let her out, handcuffed her to the outside of the cage and then fired the gun near her feet at least three times, police said. Swihart then begged him to let her out of the handcuffs, so she could go to the bathroom, Cole said. When he did, she grabbed their 15-month-old child from the adjoining room, screamed she was calling the police and fled from the house, police said. She was able to get to a neighbor's house and phone her father, who called 911. Police got to the duplex home around 4:50 p.m. and kicked in the door. George had fled through his backyard, Cole said, but left the .45-caliber handgun believed used to shoot at Swihart. Investigators found several shell casings on the floor. George was found in Springfield Township more than seven hours later. Police said Swihart, whose mouth and lip area was injured from being punched, is now with relatives. Her child, who is with her, was not hurt. Family members have declined to comment. Cole said the dogs who lived in the cage are in George's home, being cared for by George's family.

Sat. April 5th, 2008 Battered wife's pets also abused

Hi, Everyone,
Thanks for stopping by.

I am posting a news article in its entirety that I received on Domestic Violence and abuse of pets. So many times they go together. It is lengthy, but very much worth reading. They are all innocent victims. So sad.

"Battered wives' pets are the latest victims of domestic violence" By Pam BelluckPublished: MONDAY, APRIL 3, 2006BOSTON:

"Susan Walsh told Maine legislators a chilling tale in January. She said she had wanted to take her two children and leave her husband, ending a relationship she found frightening and controlling, but she was afraid he would harm the animals on their Blessed Be Farm in Ellsworth, Maine.In the past, she said in an interview, he had retaliated against her by running over her blind and deaf Border collie, shooting two sheep and wringing the necks of her prize turkeys."It wasn't just the cats and the dogs I had, it was the sheep and the chickens - I was terrified for their welfare," said Walsh, 50, who is now divorced. "I knew if I were to leave, he wouldn't hesitate to kill them. He had done it before."Experts on domestic violence say accounts like hers are not unusual. They say many men who abuse wives or girlfriends threaten or harm their animals to coerce or control the women.To address the problem, Maine's governor, John Baldacci, signed a bill on Friday that allows animals to be included in protection orders in domestic violence cases.Today in Americas"Many national studies on victims of domestic violence tell us that their abusers have threatened to kill, threatened to harm or actually harmed their pets as a means of keeping the victim from leaving the relationship," said Baldacci, a Democrat. "With this new law, we hope to help remove another tool for emotional and physical violence used by the abuser to exert power and control over their victims."Maine is believed to be the first state with such a law, but the issue has captured attention around the United States as police departments, domestic- violence programs, animal protection societies and state officials become increasingly aware of a link between domestic violence and animal abuse.A new program in Columbus, Ohio, places animals of victims of domestic violence in a women's prison, where the inmates care for them. In Nashville, the city gives such pets a haven for up to 30 days, and the St. Louis Domestic Violence Pet Assistance Program finds foster homes for them."There are some batterers who are prone to using coercion and terrorizing tactics who very well know how strongly attached their partner is to the animals in her life," said Frank Ascione, a psychologist at Utah State University. "It's the dynamic of preying on the love and affection that women often have for the animals in their lives, who may be their only source of solace, their only source of unconditional love."Maine's public safety commissioner, Michael Cantara, said, "Police and prosecutors are well aware of the very close link between threats to pets and threats to family members." He cited a 2002 case in which an abusive husband had beaten the family's cats to death, buried them in the yard and threatened a similar fate for his wife and children.Karen Days, president of the Columbus Coalition Against Family Violence in Ohio, said that when she worked at the city prosecutor's office, "I had a victim who was in my office and the prosecutor agreed to issue a warrant for the arrest of her partner, but she was just adamant that she be able to go home first and get her dog. When I asked why, she said, 'When I left him before, he started mailing me pieces of my cat to tell me if you don't come back this is what I'm going to continue to do.'"In homes with children, there are other concerns, Ascione said.He said that seeing animals abused makes "some kids likely to act out what they may have witnessed," while others "get even more strongly attached to their pets," which can be dangerous if the "children start trying to intervene to protect the animals."

Ariel Sabar contributed reporting from Augusta, Maine, for this article, and Katie Zezima from Boston.
Stay safe.
Becky Conrad