BY MAIRE O’NEILL
maire@losalamosreporter.com
Los Alamos Police Department has initiated a request for an Extreme Risk Protection Order under the 2019 “Red Flag” law that allows firearms to be confiscated under certain circumstances in the case of David Dye, 57, who was arrested Wednesday at his 34th Street residence. According to LAPD Cmdr. Daniel Roberts, officers removed more than 20 weapons from the residence as well as a gun locker with additional firearms.
Los Alamos Magistrate Court documents filed by LAPD Det. Matt Lyon indicate that Dispatch received a hang-up 9-1-1 call from Dye’s residence at 12:24 p.m. Wednesday. Dye was allegedly threatening suicide and firing rounds with a gun in the home. Officers established a perimeter to block pedestrians from the area. Det. Lyon and Det. Jemuel Montoya entered the perimeter in order to keep the reporting parties. Det. Lyon said they could hear yelling within the house. He told Dispatch to tell Dye to leave the house. Dye stuck his head out and was yelling at the reporting parties. All three began wrestling on their feet, Lyon said, and it looked like the reporting parties were trying to prevent Dye from reaching for items on his person. Due to his baggy clothes, officers were unable to see if he had any weapons on him.
Lyon and Montoya approached Dye in fear that he would not be contained much longer. Lyon’s report stated that he yelled at Dye several times to get on the ground without a response. He then took Dye to the ground and cuffed him for the safety of himself and others. Upon “incident to arrest search” officers found three knives on Dye’s person.
The reporting parties said Dye had fired his firearm three times in the residence and that at one point he had put the gun in his mouth. When the first person was trying to get the gun away from Dye he pointed it at that person’s chest yelling, ‘Get back!”. This was after Dye had already fired a shot into the wall. The first person described a semi-automatic pistol with a loaded clip – meaning that the pistol was loaded with a round in the chamber.
The second person said Dye fired two more shots into the wall while threatening to shoot himself. She said she was trying to deal with Dye because he had made suicidal statements in the past. She said Dye was waving the gun carelessly and recklessly. She said she left the room and heard the gun go off, then another shot followed by one more when they were outside.
Based on the facts witnessed and provided by witnesses, a search warrant was requested from Magistrate Court for all firearms related items within the house. An arrest warrant was also obtained for Dye due to him being a danger to the community and to himself.
Dye was charged with two counts of aggravated assault and one count of negligent use of a deadly weapon.
On Friday, Magistrate Judge Catherine Taylor released Dye on his own recognizance under extensive pretrial probation conditions. A preliminary hearing has been set for 1 pm. on Monday, Feb. 6.
A law enforcement officer may petition the District Court under oath for an Extreme Risk Protection Order. The petition must be accompanied by a sworn affidavit setting out the specific grounds for the order. It must include the types and locations of firearms the petitioner believes the respondent has custody of, controls, owns or possesses.
If a law enforcement officer states to the District Court the need for an emergency order and the judge determines that the respondent poses an immediate danger of causing personal injury to self or others by having a firearm or ammunition, notice of the order is then served to respondent. The officer has to provide original proof of service to the District Court by close of business the next business day. The order will expire 10 days after issuance and then the District Court has to determine whether or not to issue a one-year order pursuant to the Act.