AYER -- An Ayer District Court clerk magistrate today upheld a gun charge against a Middlesex Sheriff's Office deputy and a Reading police officer but dismissed other charges stemming from an Aug. 4 incident in which a shotgun slug ricocheted off a wall near a woman doing a crossword puzzle inside her home at 73 Oak St., Dunstable.
Deputy David B. Winkowski, 36, of 800 Main St., Dunstable, and officer Sean M. Wilson, 35, of 262 Pleasant St., Dunstable, are each charged with discharging a firearm within 500 feet of a dwelling and disturbing the peace. Winkowski was also charged with failing to properly secure a gun.
Charges that the officers shot while intoxicated, caused property damage after negligent use of a firearm, discharged a firearm within 150 feet of a road and disorderly conduct were tossed by the clerk magistrate, Wendy Wilson.
Both men are scheduled for arraignment Oct. 24.
Posted by: massbrandon
You know, I live right by this guy and he does this kind of crap all the time. You can hear him firing off rounds a couple times a week. I'm kind of glad he got caught.
Posted by: alphadog1
AYER -- David Winkowski appeared nervous and uncomfortable as he stood quietly before an Ayer District Court judge yesterday.
Being on the wrong side of the law is not something the 36-year-old Middlesex Sheriff's deputy is accustomed to.
Winkowski was in court to face charges of discharging a firearm within 500 feet of a building, improper storage of a firearm and disturbing the peace in connection with a shooting incident Aug. 4 at his Dunstable home.
Police allege that Winkowski and Reading Police Officer Sean Wilson, 35, fired several shots from a shotgun from Winkowski's 800 Main St. home, narrowly missing a homeowner living at 73 Oak St.
The homeowner, who did not wish to be identified, was scared but uninjured. While both men were scheduled to be arraigned yesterday, attorney Kenneth Anderson, representing Wilson, said he filed a motion to waive Wilson's appearance at arraignment. But Judge David Cunis ordered Wilson's arraignment be postponed until Oct. 31 so he could appear in court to face charges of discharging a firearm within 500 feet of a building and disturbing the peace.
With his attorney, Paul Sheehy, by his side, Winkowski pleaded innocent to the charges. Cunis released Winkowski on pretrial probation with no bail, but with conditions that he have no contact with the victim.
Prosecutor Jeremy Eisemann asked that an additional condition of release be no excessive use of alcohol, but Cunis refused to make that a condition.
Police have alleged that Winkowski and Wilson were under the influence of alcohol at the time, but Ayer District Court Magistrate Wendy Wilton dismissed initial charges of discharging a firearm while intoxicated, causing property damage after negligent use of a firearm, discharging a firearm within 150 feet of a road, and disorderly conduct.
Police allege that the homeowner at 73 Oak St. in Dunstable was sitting in her living room doing a crossword puzzle when she heard gunshots outside. One shot went through the screen of her bathroom window, ricocheted off a wall less than four feet from her head, bounced off her front door and hit a pane of glass on her French doors before falling to the floor.
When Dunstable Police Officer Ben Sargent arrived, he heard four more shots. When Sargent and Dunstable Sgt. Darrell Gilmore followed the shotgun slug's trajectory it led police to Winkowski's backyard.
Paper wads from the spent shotgun shells were scattered on his lawn.
Initially, everyone at Winkowski's house denied knowing about any gunshots, but then two people, including Winkowski's girlfriend, told police that Winkowski and Wilson had done the shooting.
Wilson allegedly told police that alcohol had impaired his judgment.
The group was celebrating after going skydiving earlier in the day. The group went back to Winkowski's home, where he showed off a Beretta shotgun, the same gun he and Wilson allegedly used to fire off several rounds. Winkowski turned over the shotgun, which was hidden under the pillows on a bed, according to court documents.
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