More bullets from Blue Trail? UPDATE Blue Trail Range Plans To Reopen. ON Hold. OLR Report. Delayed Again. Lead In Water?

Wallingford 100-Yard Rifle Range To Reopen Today

By JOSH KOVNER | Courant Staff Writer August 14, 2008

The Blue Trail Range in Wallingford will reopen its 100-yard rifle range this morning, following delays over concerns raised about the safety of hikers in the adjacent TriMountain State Park.

Those concerns have been resolved by "significant" safety improvements at the range, Dennis Schain, spokesman for the state Department of Environmental Protection, said Wednesday evening.

The range is a focus of a state police probe into periodic bullet strikes at homes and properties in the TriMountain Road area of Durham that is about one mile east of the range on the opposite side of the park.

The last bullet strike was on Memorial Day, and afterward, range owner David Lyman voluntarily closed the 100-yard range. The police probe isn't finished and no conclusion about the source of the bullets has been announced.

Schain said the park will remain open when firing resumes on the 100-yard range, and said the issue of the bullet strikes was a separate matter for the state police.

"We believe, with the improvements made at the 100-yard range, that the bullets will be contained within the range," Schain said. The range has added a bigger dirt berm and lowered the firing angle, he said.

Blue Trail lawyer Craig Fishbein said Lyman "went over and above the recommendations of his own safety expert — just to assure that we have the safest range in at least Connecticut, if not New England and the country."

Pasquale "Pat" DiNatale, a Durham homeowner whose property has been struck by bullets over the years, said Wednesday the DEP is wrong in its assessment.

"I invite DEP personnel and their families to join me in the park when the firing resumes. If they're right, we should be able to stand behind the berm."

DiNatale is seeking a court injunction to close Blue Trail.

Blue Trail's 200-yard rifle range will remain closed indefinitely. It is the source of bullets that have accumulated over more than 40 years on the east side of the Ulbrich Reservoir. The range deeded land for the reservoir to Wallingford in 1961 and retained the right to shoot onto it.

DEP officials said in the news release, the agency "will turn its attention to identifying the extent of any lead contamination on state park lands that may have already occurred as a result of the past operations of Blue Trail Range. DEP will also continue to work closely with the Connecticut Department of Public Health on any issues related to the quality of public drinking water supplies in the area" of the range.

Contact Josh Kovner at jkovner@courant.com. http://www.courant.com/community/news/mr/hc-ctgunrange0814.artaug14,0,6345764.story

August 13, 2008

Statement of DEP Concerning
Tri-Mountain State Park and Blue Trail Range

DEP Commissioner Gina McCarthy today issued the following statement:

"DEP will leave Tri-Mountain State Park open when the Blue Trail Range partially reopens as expected tomorrow because we believe our park lands – and people on them – will be safe."

"We reached this conclusion as a result of our careful assessment of the many physical improvements that have been made to the 100-yard shooting area at Blue Trail and improvements in operating procedures that the management has committed to implement. We were able to make this assessment with the assistance of our Environmental Conservation Police unit, which had several senior officers inspect the range and which has special law enforcement and military expertise in firearms and range safety.

"We also have a firm pledge from the range owner to keep the 200-yard firing area – which has been of most concern to DEP – closed for the foreseeable future."

"We recognize that Blue Trail Range retained the services of a nationally recognized range expert to conduct a safety analysis and oversee safety improvements on the 100-yard range. We have also been presented with a letter from this expert stating that if range rules are obeyed – including proper weapons, bullets and shooting positions - bullets fired on the 100-yard range will be contained by the enlarged berm that has been constructed and will not escape beyond the range area.

"Blue Trail has also given us assurances that improved oversight of the range will ensure that all safety rules and procedures are strictly enforced. They have also said the range will not operate – and no one will be allowed on the firing line – unless a sufficient number of Range Safety Officers are on duty and in place. If DEP becomes aware of any evidence indicating that the management of Blue Trail Range is anything less than vigilant in enforcing safety rules, we will take appropriate action to protect state lands."

"From a public safety perspective, DEP’s concern with the operation of Blue Trail Range is to make certain Tri-Mountain State Park remains a safe place for people to enjoy. We understand that residents in nearby Durham are concerned about bullet strikes on their property. While we appreciate the seriousness of this issue it is a matter within the jurisdiction of the Connecticut State Police, who have an active investigation underway. DEP is cooperating with that investigation"

"Now that the immediate issue of the safety of Tri-Mountain State Park appears to have been resolved, DEP will turn its attention to identifying the extent of any lead contamination on state park lands that may have already occurred as a result of the past operations of Blue Trail Range. DEP will also continue to work closely with the Connecticut Department of Public Health on any issues related to the quality of public drinking water supplies in the area as a result of the presence of the range."

New Issue For Wallingford Gun Range: Lead In Water

VERY long Article. Read the related links. Including Blue Trail Shooting Range [Significant Propagander]

http://www.courant.com/news/local/hc-lead0813.artaug13,0,3059474.story

Wallingford Gun Range Opening Delayed While Scrutiny Ensues

By JOSH KOVNER | Courant Staff Writer August 8, 08

For the second time in two weeks, the Blue Trail Range & Gun Club in Wallingford will delay reopening its 100-yard rifle range while the state seeks further assurance that bullets won't strike the adjoining Tri-Mountain State Park.

The range, on North Branford Road, is the focus of a state police investigation into bullet strikes at homes and properties in the Tri-Mountain Road area of Durham, about one mile east of the range, on the opposite side of the Ulbrich Reservoir and the Tri-Mountain ridge. The investigation isn't finished, and no conclusion about the source of the bullets has been announced.

Dennis Schain, spokesman for the state Department of Environmental Protection, said agency officials visited the range Tuesday and Thursday and looked at the safety improvements owner David Lyman has made since May. The range's 100- and 200-yard firing lanes have been voluntarily closed for much of that time, and there are no plans to reactivate the 200-yard range.

"The concern is safety of the park users. We want a higher level of assurance about the range's operating practices and that all patrons at the range will be adhering to all safety rules," Schain said.

The planned reopening of the 100-yard range on Aug. 1 was pushed back a week after the DEP expressed the same concerns. The shorter pistol ranges have reopened.

Lawyer Craig Fishbein, of Wallingford, one of Lyman's attorneys, said Thursday evening, "They're doing their job and we're doing ours. Nothing's hot and heavy. We're trying to come to an amicable resolution, and we're still talking."

Sporadic bullet strikes in the Durham neighborhood have been an issue for years, and state police said after in inquiry in the late 1990s that the range was a likely source. Lyman made some improvements at that time, and he told Durham residents at a May 1 meeting — after several additional strikes were reported — that he would take further steps.

Blue Trail attorney Martha Dean has said that Lyman doesn't believe the bullets are coming from the range. She said at a follow-up meeting July 22 in Durham that experts hired by the range have determined that it is safe.

No new reactivation date has been set for the 100-yard range.

Contact Josh Kovner at jkovner@courant.com.

July 30, 2008 2008-R-0446

BLUE TRAIL SHOOTING RANGE

By: Paul Frisman, Principal Analyst

You asked why some people are apparently trying to close the Blue Trail Shooting Range in Wallingford.

SUMMARY

Several Durham residents who live near the Blue Trail Shooting Range have complained that bullets from the range have struck their homes. The on-line publication MyRecordJournal reports that there have been three reported stray bullet incidents on Tri-Mountain Road and one on Catherine Drive in the past year. One person has sued the range, alleging it has damaged his property and created a risk of serious physical injury and emotional distress.

In May, the Department of Environmental Protection (DEP) closed a state park and hiking trail after bullets were found on state land across from the range. DEP re-opened the park and trail after the range voluntarily closed its 200-yard range, closed them again when additional bullet strikes were found, and re-opened them again when Blue Trail closed additional ranges.

A lawyer for the range has told a public meeting that it has improved the range's safety, and that it is unlikely the range was the source of the bullets that struck the homes. The Department of Public Safety (DPS) is investigating the matter.

DEP PARK AND TRAIL CLOSURE

On May 21, 2008, DEP announced it had closed Tri-Mountain State Park and a portion of the Mattabesett Trail after bullets were found on state land across from the Blue Trail shooting range. DEP said it took the action as a precaution while it worked with the shooting range to ensure public safety. Two days later the department announced it had re-opened the park and trail after Blue Trail agreed to close its 200-yard shooting range.

DEP re-closed the park and trail on May 27 after new bullet strikes were found in the area, re-opening them on May 30 when the range agreed to shut down its 100-yard and 200-yard ranges for seven days and review possible safety improvements. DEP and the Connecticut Forest and Park Association also placed signs in the park and along the trail notifying visitors of the range's presence. DEP also noted that DPS is investigating the matter.

LAWSUIT FILED

Durham resident Pasquale DiNatale filed suit in New Haven Superior Court on June 4, 2008 seeking a temporary and permanent injunction against the range, claiming it has damaged his property and created a risk of serious physical injury and emotional distress. The Judicial Branch's link to the case is at: http: //civilinquiry. jud. ct. gov/DispDetail. asp?DocNum=NNH-CV-08-4031580-S.

According to MyRecordJournal. com, an on-line site of the Meriden Record-Journal, DiNatale filed the lawsuit on the same day an attorney for Blue Trail announced it had improved safety by enlarging wooden baffles at its 100-yard range, and that it also would increase the height of the berm that serves as that range's backstop.

TOWN MEETING

According to newspaper accounts (attached), about 100 people attended a July 22, 2008 Durham town meeting held to update residents on the situation.

The Hartford Courant reported that Blue Trail attorney Martha Dean told the audience that it was unlikely that shooters at the range were the source of the stray bullets, a claim DiNatale challenged at the meeting. Dean also said Blue Trail would reopen its 100-yard range because of the improvements it had made in safety, range security, and record keeping. She said there were no plans to re-open the 200-yard range.

STATE POLICE INVESTIGATION

State Police Major Christopher Arciero says state police are “conducting several investigations” to determine if the bullets that allegedly struck the homes came from someone shooting at the Blue Trail range. Arciero says police are using the personnel and resources of the Central District Major Crime Squad, DPS Forensic Lab, and DPS Accident Reconstruction Unit. The Hartford Courant has reported that state police have test-fired rifles obtained voluntarily from people who shot at the range in May (“Blue Trail Range Plans to Reopen 3 Firing Lanes,” Hartford Courant, July 23, 2008).

According to Arciero, this is not the first time Durham residents have raised concerns about stray bullets from Blue Trail. He said an extensive police investigation in 1999 failed to directly link the bullets to the firing range. As of July 28, 2008, Arciero said there was no “direct nexus” between the bullets and Blue Trail range. He said he did not know when the investigation will conclude.

MORE INFORMATION

The Blue Trail shooting range website is at: http: //www. bluetrailrange. com/. A Blue Trail website devoted to the closure issue from its perspective can be found at: http: //www. savebluetrailrange. org/.

PF: ts http://www.cga.ct.gov/2008/rpt/2008-R-0446.htm

Plan to reopen part of range on hold

By Luther Turmelle, North Bureau Chief 08/01/2008

WALLINGFORD — A plan by the owner of the Blue Trail Shooting Range to fully reopen today one of two sections that have been closed since early June amid concerns about stray bullets is on hold for a week.

An attorney for Blue Trail owner David Lyman had announced plans Thursday to reopen the 100-yard range at the North Branford Road facility this morning. However, Lyman and attorney Martha Dean agreed to honor a request by Attorney General Richard Blumenthal to delay the reopening for a week so that the state Department of Environmental Protection can review safety reports.

The reports claim stray bullets that have landed in a nearby state park and hit several homes in neighboring Durham couldn’t have come from Blue Trail.

“Blue Trail has decided to keep its 100-yard range inactive for the next week to provide the DEP commissioner with the time that she has requested to review the range safety experts’ reports and to visit the range,” Dean said in a statement released late Thursday night. “Blue Trail will be reactivating the 100-yard range on Friday, Aug. 8.”

Blumenthal said he was “delighted” by the change of heart by Lyman and Dean.

“We are pleased that they did the right thing and decided to spare the range and the state the expense of a court fight,” Blumenthal said, adding that his office had been prepared to seek a temporary injunction to prevent the 100-yard range from opening this morning. “This decision will give DEP time to review the reports provided to them.”

The 200-yard range at Blue Trail will be limited to air and BB guns because no safety review was conducted on that range, Dean said.

The decision to fully reactivate the 100-yard range at Blue Trail is based on the findings of two safety experts who found that the facility “has achieved a high level of safety,” Dean said. And while the 100-yard range will remain closed for another week, Dean said two pistol ranges that had been closed will reopen today.

The reports used to justify the reopening of the 100-yard range were commissioned by Lyman and issued by C. Vargas & Associates, a Jacksonville, Fla., engineering firm, and John Joines, manager of range services for the National Rifle Association. They have been made available to the DEP and state Department of Public Safety, Dean said.

“Vargas concludes, based on his study of the elevations and theoretical bullet trajectories over the mountain, that it is beyond improbable — and actually implausible — that bullets that have hit residences on the eastern side of Tri-Mountain originate from Blue Trail Range,” she said.

DEP officials have been meeting with Lyman amid concerns that bullets found in Tri-Mountain State Park, which is east of Blue Trail Range, came from the facility. The park straddles both sides of Fowler Mountain, which is on the Wallingford-Durham line.

State police ballistics experts have also been involved in the investigation of the origin of bullets found in the park as well as shots that have hit homes in Durham that are almost 1.5 miles from the range. The range is on the western side of Fowler Mountain, while the homes that were struck by bullets are on the eastern side.

Clark Vargas, president of C. Vargas & Associates, said the only way that a bullet fired from Blue Trail could have hit homes in Durham were if someone used a specialized shooting technique known as plunging angle fire.

The technique is used by military artillery behind enemy barricades, Vargas said, “and requires specialized training, knowledge and skill.”

Luther Turmelle can be reached at lturmelle@nhregister.com or 789-5706.

http://www.zwire.com/site/index.cfm?newsid=19882388&BRD=1281&PAG=461&dept_id=624602&rfi=8

Blue Trail Range Plans To Reopen 3 Firing Lanes

By JOSH KOVNER | Courant Staff Writer July 23, 2008

DURHAM - — The Blue Trail Range & Gun Store in Wallingford is preparing to reopen three of its four firing lanes, residents learned at a meeting Tuesday night.

The decision to reopen the lanes came, Blue Trail lawyer Martha Dean said, only after significant and expensive improvements were made to the safety of the 100-yard rifle range and to business operations, including range security and record keeping.

The tense but orderly meeting at the Durham Public Library drew a standing-room-only audience of Blue Trail supporters and residents whose houses have been struck by errant bullets. The session was held to provide an update of a state police inquiry into the strikes. The range is a focus of the inquiry.

Maj. Christopher Arciero said troopers have test-fired rifles obtained voluntarily from people who were shooting at the range on Memorial Day, when a .223-caliber bullet pierced the kitchen window of Donna Louisa's house on Tri-Mountain Road, an area that has been struck periodically by stray bullets since at least the 1990s.

Arciero did not reveal the test results, stressed that no conclusion has been reached about the source of the bullet strikes, and said the investigation is not complete. He did say that troopers were looking for the owners of the 54 weapons in Connecticut capable of shooting .50-caliber rounds — like the one recovered from Ken and Melissa Divito's yard on Tri-Mountain Road. The neighborhood is about a mile east of the range, across Tri-Mountain State Park.

Arciero said troopers haven't established a "nexus" between the recovered rounds and the guns, and therefore cannot get warrants to compel the gun owners to turn over the weapons.

Earlier Tuesday, Dennis Schain of the state Department of Environmental Protection said range owner David Lyman has agreed to give the agency notice before he reopens any portion of the rifle range. He voluntarily closed the 100-yard firing lane after the Memorial Day strike, and had previously closed the 200-yard rifle range, after the DEP confirmed that there was evidence of bullet strikes on park land east of the range. Dean said there are no plans to reopen the 200-yard range.

Attorney General Richard Blumenthal said Tuesday that if the DEP or state police have concerns about safety at Blue Trail, he would go to court and seek an injunction to prevent the range from reopening.

Dean told the gathering the range was safe and said an expert hired by Lyman has concluded that it was "implausible" that bullets fired from people who were properly using the range would have struck the houses.

At that point, Durham First Selectwoman Laura Francis intervened, telling Dean this wasn't the time or place to argue the details of the range's case.

"There is only one fact that no one can dispute: Residents in that area of town, their houses are being hit by bullets," said Francis.

Since the police investigation began in May, resident Pasquale "Pat" DiNatale has been the most vocal of the homeowners, questioning state officials, demanding answers from the range, and incurring the wrath of range supporters.

"This is not just about Pat," Melissa Divito said, "it's about all of us. I do appreciate what David Lyman has done so far, but I have eight bullets in my house. ... I don't think I should have to be grateful that my children survive to adulthood."

Contact Josh Kovner at jkovner@courant.com.
http://www.courant.com/news/local/mr/durham/hc-durbullets0723.artjul23,0,1051176.story

*****

Blue Trail Range Follow-up Public Meeting from discussions on May 1. Durham Town Hall, Tuesday July 22, 6PM.

*******

Blue Trail starts fundraising org

By: George Moore, Record-Journal staff, 06/11/2008

WALLINGFORD - Faced with one lawsuit and possibly more, Blue Trail Range has established a fundraising organization to help defray anticipated legal expenses and the cost of safety improvements.

Save Blue Trail Range, Inc., a 501(c)4 organization is headed by Deborah Lyman, the wife of Blue Trail owner David Lyman.

The organization's Web site, www.savebluetrailrange.org asks supporters to make donations. The site states that estimated safety improvement costs in the near future will be $250,000 and could exceed a million dollars.

The first sentence on the site states "Blue Trail Range is currently under attack."

The formation of the organization is a response to a recent lawsuit filed by Pasquale DiNatale, a Durham resident who alleges that stray bullets from the range pose a danger to nearby neighborhoods. ©www.MyRecordJournal.com 2008

Shooting range dispute expands
Luther Turmelle North Bureau Chief New Haven Register Published: June 18, 2008
WALLINGFORD - The ongoing dispute over the Blue Trail Shooting Range made its way to the Public Utilities Commission Tuesday night with Democratic Town Councilman Vincenzo DiNatale suggesting that spent ammunition from the facility may be contaminating the Ulbrich Reservoir.

DiNatale, who said he was speaking as a private citizen, read a five-paragraph letter into the record. The letter raised concerns about whether runoff from land along the eastern edge of the reservoir - property that gun enthusiasts from the range have a legal right to shoot into -is contaminating the water.

"Does the Department of Public Utilities recognize the existence of the toxic metals in the soils of the Ulbrich Reservoir watershed as well as the underlying soils of the reservoir?" DiNatale said in his letter.

He was referring to state public health regulations that define a list of toxic metals including lead, which is a component of bullets.

"Do we intend to remove the toxic metals from soils of the Ulbrich Reservoir watershed as well as the underlying soils of the reservoir?" DiNatale said.

PUC Chairman David Gessert told DiNatale, who said he has a license to practice engineering in four states, he would have the Water Department staff look into the concerns and report back.

"You'll have to understand that we can't really say anything more at this point," Gessert told DiNatale. He was referring to a threat that Durham homeowner Pat DiNatale, who is the councilman's uncle, has made to sue the town.

Pat DiNatale has sued Blue Trail Range owner David Lyman because DiNatale claims bullets from the range have hit his home. The house is on the east side of Fowler Mountain while the range is west of the mountain and reservoir. Pat DiNatale has said he plans to sue the town because officials have failed to address complaints about bullets hitting his home.

Vincenzo DiNatale's appearance before the PUC comes as officials are awaiting several water samples taken from various points around the reservoir over the past several weeks during periods of rain, said Roger Dann, general manager of the Water Department. "I'd hoped to have something today; I would think we'll know something fairly soon," Dann said following Tuesday night's meeting.

The Water Department in the early 1990s found traces of lead that was "at or below detrimental levels," and was found to have "no meaningful impact on the reservoir," Dann said.

Martha Dean, one of Lyman's attorneys, said last week that she saw no reason to question the PUC's decision to retest the water.

"In light of Mr. DiNatale's threats to sue the town of Wallingford over alleged impacts from bullets on the reservoir, it would seem to be simply an act of prudence for the water company to be reconfirming the high quality of Ulbrich Reservoir's drinking water supplies," Dean said in a written statement.

Tri-Mountain State Park To Remain Open During Navy Training

By JOSH KOVNER | Courant Staff Writer June 10, 2008

DURHAM — - Tri-Mountain State Park will remain open while the Navy conducts pistol training at the partially closed Blue Trail Range & Gun Store in Wallingford through Friday on the 25-yard firing lane.

The 100- and 200-yard lanes at Blue Trail are closed while owner David Lyman makes improvements and consults with range experts about other safety measures. State police continue to investigate incidents in which bullets periodically strike houses and properties in the Tri-Mountain Road section of Durham, roughly one mile east of the range on the other side of the park.

State Department of Environmental Protection officials said hikers on the Mattabesett Trail and other park visitors may hear gunfire at the range at 316 N. Branford Road as the Navy holds the exercise.

"The U.S. Navy has assured DEP that this exercise will be conducted under strict Navy rules and with the oversight of Navy range officers," DEP spokesman Dennis Schain said in a statement on Monday.

Schain said 100- and 200-yard firing lanes will remain closed at least until the safety assessment is finished.

The state police investigation into the periodic gunfire incidents is not complete, and no conclusion has been reached about the source of the bullets. The latest strike occurred on Memorial Day, when a bullet pierced the kitchen window of a house on Tri-Mountain Road. Resident Donna Louisa was not home at the time of the bullet strike.

"I usually spend a lot of time in my kitchen — it is the heart of my home. ... I am so afraid to walk by my windows or spend time in my yard. There are also young children in the neighborhood, and I fear for their safety," Louisa said in a June 2 e-mail to local and state officials and media members.

Durham First Selectwoman Laura Francis said Tuesday that Resident State Trooper Peter DiGioia is compiling a report of ballistics and forensic evidence collected so far.

There are several private ranges in the area, and lawyers for Lyman said last week that they are aware of evidence of illegal target shooting inside Tri-Mountain State Park.

Contact Josh Kovner at jkovner@courant.com.

http://www.courant.com/news/local/mr/durham/hc-durbullets0610.artjun10,0,5643290.story

Durham man sues to shut down shooting range

By Luther Turmelle, North Bureau Chief Jun 6, 2008

A Durham man has gone to court seeking to have the Blue Trail Shooting Range in Wallingford shut down because he claims bullets from the site have hit his home.

New Haven lawyer John R. Williams said Thursday he filed the lawsuit Wednesday in Superior Court in New Haven on behalf of Pat DiNatale, who has mounted a high-profile campaign directed at state officials to have the North Branford Road range closed unless it can be made safer.

Williams said no court date has been set for the case to be heard.

“I think getting a court order in place (to close the range) is a matter that needs to be addressed as soon as possible,” Williams said.

Williams said a lawsuit against the town of Wallingford will be filed at a later date.

“It’s something we’re interested in doing, but it’s not something that we consider to be an emergency,” he said.

DiNatale has said he intends to sue Wallingford because the town has failed to address complaints about bullets hitting his home.

The lawsuit against Blue Trail was filed the same day as the state Department of Environmental Protection announced that it had gotten David Lyman, owner of facility, to keep the 100- and 200-yard ranges closed indefinitely. Before Lyman’s voluntary agreement with the DEP, the two ranges in question had been scheduled to reopen today after he agreed to a seven-day closure that started May 30.

The DEP and state police are investigating where the bullets that hit DiNatale’s home and other nearby homes in Durham — as well as part of Trimountain State Park — came from.

Some of the homes are almost 1½ miles from the Blue Trail Range, which is on the western side of Fowler Mountain. The homes are east of Fowler Mountain.

While the 100- and 200-yard ranges at Blue Trail will remain closed, the gun store, indoor range and shotgun field remain open. The range has operated for 61 years.

Martha Dean of Avon, who is representing Lyman, said she had not seen DiNatale’s lawsuit.

“We have no comment on active litigation, and leave it to the courts to get to the truth in this matter,” Dean said.

In a statement released by Dean, Lyman said Blue Trail Range has “a long history of taking safety seriously.”

“In our business it is imperative,” Lyman said.

“We are evaluating a number of possible safety enhancements. Others we are undertaking now ... include: increasing the height of the backstop at the 100-yard range, adding an intermediate 25-yard backstop at the adjacent pistol range, extending baffling and taking steps to monitor the range after hours.”

Craig Fishbein, another of Lyman’s attorneys, has said there is no proof the bullets that have been found in Trimountain State Park or that have hit the homes in Durham have come from the range.

http://www.nhregister.com/WebApp/appmanager/JRC/BigDaily?_nfpb=true&_pageLabel=pg_article&r21.content=%2FMAIN_REP%2FArticle%2F2008%2F06%2F06%2F2166669

Wallingford Gun Range To Temporarily Close Two Firing Lanes

By JOSH KOVNER | Courant Staff Writer May 30, 2008

DURHAM — - The owner of a Wallingford gun range agreed Thursday to close the range's 200- and 100-yard firing lanes for seven days while an expert determines whether safety improvements can be made.

As a result, the state later Thursday reopened adjacent Tri-Mountain State Park in Durham and Wallingford, and officials said they would decide after a week whether the range can safely resume full operation.

State police are currently investigating the source of bullets that have periodically struck homes in the Tri-Mountain Road area of Durham, roughly a mile east of the Blue Trail Range & Gun Store on North Branford Road in Wallingford. On Memorial Day, troopers reported that a bullet struck a home on Tri-Mountain Road.

Officials had closed the park after finding evidence of bullet strikes in the state park.

Range owner David Lyman and his lawyer, Martha Dean, met Thursday with Gina McCarthy, commissioner of the Department of Environmental Protection, and Public Safety Commissioner John Danaher, who oversees the state police.

"We are pleased with the cooperation we have received from the range so far and welcome their decision to explore possible safety enhancements," McCarthy said in a statement after the meeting. "The range has committed to consulting a range safety expert and pursuing a permanent solution. During the next week, the DEP will talk with [Lyman] and determine if the range can be reopened ... without adversely impacting state property or the safety of park visitors."

Danaher said troopers are aggressively investigating the bullet strikes.

The agency "is devoting all necessary resources to the matter, including forensics experts and other means of investigation. We will continue to work closely with the DEP and the owners of the Blue Trail Range to take all available steps necessary to ensure public safety," Danaher said in a statement.

Lyman said in a statement that the range "is committed to continually evaluating and upgrading range safety features to ensure appropriate protection of public health and safety."

He said he does not believe that the bullets that have struck homes and properties in Durham are coming from the range.

"The bullets that have been discovered in a residential area are over a mile from the range, and I have complete confidence that the state police will conduct a thorough investigation of all potential sources of these bullets."

Lyman said, "Often, when we close the range at night, we hear shooting sounds coming from the direction of the mountain. We are concerned by information from residents, over the years, that they have discovered makeshift targets in the Tri-Mountain State Park and evidence of shooting occurring within [the park]. Any shooting activities of individuals ... are improper and have no connection to Blue Trail's range."

The gun store and trap and skeet range will remain open.

Contact Josh Kovner at jkovner@courant.com.
http://www.courant.com/news/local/hc-ctdurbullets0530.artmay30,0,5205223.story

Another Bullet Hits A House In Durham

By JOSH KOVNER | Courant Staff Writer May 28, 2008

DURHAM — - Another bullet struck a house on Tri-Mountain Road over the Memorial Day weekend — the latest in a cluster of recent strikes that has renewed concerns over a long-standing problem and has refocused attention on a nearby Wallingford firing range.

The 200-yard firing lane at the Blue Trail Range & Gun Store has been closed since late last week because bullets were periodically whipping through Tri-Mountain State Park, but the adjacent 100-yard range was active during the weekend, First Selectwoman Laura Francis said Tuesday.

After learning of the latest strike, the state Department of Environmental Protection Tuesday ordered the state park closed indefinitely.

DEP spokesman Dennis Schain said the agency would review the state police report on the latest strike to determine whether the 100-yard range posed a threat to park users and also would be closed.

Francis was told about the bullet strike by Resident State Trooper Peter DiGioia on Monday after the family whose house was struck returned from an outing and discovered what had happened.

One year ago, on Memorial Day 2007, a home two doors away was struck by gunfire.

Since 1997, rounds have hit at least 18 homes and properties. In 1999, the state police concluded that Blue Trail was the "most likely" source. Police reopened the investigation after the recent strikes.

On Tuesday, troopers, state Department of Environmental Protection officers and forensic investigators used lasers to gauge the trajectory of rounds fired from the vicinity of the range, and of bullet strikes in pockmarked trees in the state park, east of the range. The Durham homes that have been struck are roughly a mile east of Blue Trail.

Police recovered the bullet that struck the house during the weekend and sent it for ballistics tests.

Durham homeowner Pasqual "Pat" DiNatale has urged state officials to close the 100-yard firing lane, as well. He said vegetation above the berm on the 100-yard range bears evidence of repeated bullet strikes.

Whenever police are in the area east of the range investigating, they require Blue Trail owner David Lyman to close the firing lanes.

"It's the same story — we're just going to have to keep working diligently until the Durham residents can be made safer," Francis said Tuesday.

She said state police have not yet indicated that it was unsafe for Tri-Mountain Road area residents to remain in their homes.

Contact Josh Kovner at jkovner@courant.com.

http://www.topix.net/forum/source/hartford-courant/TTJFLE5P3RJ798FIU

Firing Lane At Gun Range To Temporarily Close

By JOSH KOVNER | Courant Staff Writer May 24, 2008

DURHAM — - The 200-yard firing lane at the Blue Trail Range & Gun Store should remain closed until the range owners can "assure bullets are contained and pose no threat to public safety," a spokesman for the state Department of Environmental Protection said Friday.

"That's our hope and expectation," said Dennis Schain, adding that range owner David Lyman "has been acting in good faith." Bullets from the rifle range are landing in Tri-Mountain State Park in Wallingford and Durham.

The Courant saw evidence of bullet strikes on trees in the park well over 1,000 yards from the range, located on North Branford Road in Wallingford. After closing the park Wednesday, officials reopened it Friday afternoon after Lyman assured the DEP that the 200-yard range would remain closed at least temporarily. The Mattabesset Trail traverses the park.

The 100-yard firing range at Blue Trail will stay open because officials believe that berms and baffles on that firing lane are containing the bullets.

However, Durham homeowner Pasquale "Pat" DiNatale said he is certain that bullets are clearing the berm.

He said vegetation above the berm bears evidence of bullet strikes. He has conveyed this and other concerns to state officials in a stream of e-mails and presented maps to the DEP that proved bullets were, indeed, striking state land.

In the past 11 years, bullets have struck at least 18 homes and properties in the Tri-Mountain Road area of town. The homes are roughly a mile east of the range. In 1999, state police concluded that Blue Trail was the "most likely source" of the bullet strikes at that time. Troopers reopened an investigation after a cluster of recent strikes, and that inquiry is continuing.

Schain said the DEP does not regard the 100-yard range as a threat to hikers at this point. Nonetheless, the agency is posting signs warning hikers not to go down the western side of the ridge toward the range.

He said DEP officials, including environmental conservation police officers, will meet with Lyman and his lawyer, Craig Fishbein, next week to try to work out a solution.

Fishbein said Friday that Lyman is cooperating. "We don't want to see hikers injured," he said.
http://www.courant.com/news/local/mr/durham/hc-durbullets0524.artmay24,0,6495261.story

Gun Club's Bullets Landing On Wallingford Land, Probe Finds

By JOSH KOVNER | Courant Staff Writer May 13, 2008

DURHAM — - The area where the bulk of the bullets from the Blue Trail Range & Gun Club have landed since the 1940s appears to be on Wallingford property, not state land, state environmental officials said Monday.

State and local officials and police were part of a group that toured the area beyond the Ulbrich Reservoir, opposite the range, last week. After the inspection, state Department of Environmental Protection officials checked land surveys and maps to see whether the bullets were landing in Tri-Mountain State Park, which would have been illegal.

"During our visit, we saw no evidence of shots from the rifle range landing on state property," DEP spokesman Dennis Schain said Monday.

Attorney Craig Fishbein, who represents range owner David Lyman, said Monday that the range deeded the property to the town of Wallingford in the 1940s with the condition that it continue to be allowed to shoot there.

The question of whether the range is the source of the rounds that have struck several homes in the Tri-Mountain Road area of Durham in the past six months remains under investigation by state police.

In the late 1990s, at least 12 homes and properties were struck by rounds, some multiple times. State police concluded then that the Blue Trail Range was the "most likely" source for most of the rounds.

State troopers reopened the investigation after the recent incidents.

http://www.courant.com/news/local/hc-durrange0513.artmay13,0,230098.story

Wallingford Range May Have To Redirect Gunfire

By JOSH KOVNER | Courant Staff Writer May 10, 2008

DURHAM — - A Wallingford gun range that may be linked to incidents of bullets hitting houses more than a mile away in Durham would have to alter the direction of gunfire if officials confirm that rounds are landing in Tri-Mountain State Park.

If that happens, it might bode well for the Tri-Mountain Road and Catherine Drive areas of Durham, where at least 18 homes and properties have been hit with bullets in the past 11 years, including three since October.

State police are investigating the source of the bullets. A police inquiry in the late 1990s, conducted after a dozen properties were hit, some multiple times, concluded that the Blue Trail Range & Gun Store was "most likely" the source of those gunfire incidents.

Police have not made a determination in the recent cases.

On Friday morning, elected officials, state troopers and state environmental conservation police officers inspected a bullet-scarred area across the Ulbrich Reservoir from the firing range.

They found a large number of bullets, which was no surprise. David Lyman, the owner of the range, had said at a meeting of neighborhood residents and Durham officials last month that bullets have been landing in that area since the mid-1940s.

The question now is whether the scarred area is state property. If it is, the range will be ordered not to fire into that location anymore, Dwayne Gardner, a spokesman for the Department of Environmental Protection, said later Friday.

He said the agency will check land surveys and maps to determine whether the land is, indeed, in Tri-Mountain State Park.

The Durham neighborhood is on the opposite side of Tri-Mountain and lines up with a notch in the ridge line.

"If the state says 'No, you can't shoot there,' that may help the residents of Durham," said First Selectwoman Laura Francis, who walked the area with state Rep. Raymond Kalinowski, R-Durham, the law officers, and a neighborhood homeowner Friday morning.

She said Trooper Peter DiGioia and others were still checking trajectories, compiling ballistic reports on recovered rounds, and making inquiries at the Blue Trail Range and other private ranges in the area.

An employee at Blue Trail referred questions to Lyman's lawyer, Craig Fishbein, who could not be reached Friday afternoon.

Contact Josh Kovner at jkovner@courant.com.

I [Bob Crook] attended a meeting at the Durham Town Hall on Thurs 05/01. The meeting was emotionally charged as expected. No finger was pointed directly at BTR, but suspicion. The main issue was the 200 yd range which has no end berm and the impact area in State(?) forest. Not noted in any of the media reporting were comments made by a few residents of Night shooting at 2-3am sounding like pop,pop,pop. State Police are investigating as they did 10 years ago. Since that time, there have been few reports of errant projectiles after BTR made imporvements, and the question was why now?

More bullets from Blue Trail?

By George Moore

The discovery of rifle bullets lodged in the sides of homes in Durham has prompted fresh concern about Blue Trail rifle range in Wallingford.

Two weeks ago, Durham resident Pat DiNatale, who lives near the rifle range, found two bullets embedded in his home and evidence that a third hit his garage.

"Everybody is afraid of getting killed," he said. "If you could see the way these bullets are lodged in solid wood, it would easily penetrate someone's skull or body."

DiNatale said a neighbor found rifle bullets about two weeks ago. DiNatale and local public officials suspect the bullets came from the nearby Blue Trail Range on North Branford Road in Wallingford.

"Clearly, over the years there have been enough instances that would lead you to believe that they're coming from there," said Durham First Selectwoman Laura Francis.

Blue Trail did not return a call seeking comment Thursday afternoon.

Eight years ago, State Police concluded that a bullet that struck a home on Durham's Etzel Drive "more likely than not" came from Blue Trail. Police also found evidence in 1997 that bullets striking Durham homes were from the range.

A few years ago, the range appeared to take steps to reduce stray bullets, Francis said. It installed wooden baffling to restrict the angle of fire and built earthen berms to block bullets. The measures seemed to resolve the matter temporarily, but reports of stray bullets have re-emerged.

State Rep. Raymond Kalinowski, R-Durham, said he may propose legislation to ensure safety standards at Blue Trail. Kalinowski, a member of the legislature's public safety committee, was first selectman at the time of the Etzel Drive incident.

"If we can't figure out some way to prevent this in the near future real quick," he said, "I will introduce legislation in the next session that would remedy this unfortunate situation."

Kalinowski said there are no state laws regulating private shooting ranges. He anticipates that the National Rifle Association would try to fight such legislation by framing it as a gun-control issue. While he is an NRA supporter, Kalinowski said the rifle range presents a public safety risk.

Francis said possible legislation could include construction standards for ranges and increased control over the types of weapons allowed.

Francis said it is important that Durham and Wallingford work together to address the problem. Wallingford police have agreed to dispatch a squad car to the range if someone living near the range reports a recent bullet strike.

The hope is that the Wallingford police would be able to find the person who fired the shot, perhaps someone using a high-powered rifle. But Police Chief Douglas Dortenzio said "every possible variable" would have to favor the discovery of a criminal action at the range.

"There's clearly an understanding among all of us that there is a very difficult threshold to make a criminal case against someone," he said.

But Francis said matching a shooter with bullets that strike a building would be the proof that is needed.

"We're not looking to get any of the shooters in trouble," she said. "We're just looking to prove that it is coming from there." http://www.myrecordjournal.com/site/index.cfm?newsid=19654558&BRD=2755&PAG=461&dept_id=592754&rfi=8

State police investigating bullets in Durham

George Moore, Record-Journ

DURHAM - State police are investigating three instances of bullets found near homes that occurred within the last six months.

While many residents and local officials suspect the bullets came from the nearby Blue Trail Range, there is currently no evidence linking the bullets to the rifle range, said Lt. Clanford Pierce, commanding officer of state police Troop F.

State police plan to visit all the shooting ranges in the area to determine whether any of them could have been possible sources for the bullets, Pierce said.

State police also plan to investigate whether bullets from Blue Trail are entering a state park, he said.
*****

A group of residents will meet at the Durham town hall tonight at 7 p.m. 05/01 after some residents found bullets lodged in their homes.