Recently the unfortunate story of Franklin our friendly Panamanian mechanic and his unlicensed gun has spawned a flurry of rumors and speculation. To make some sense of the situation and focus our thoughts as a community, I visited with Franklin to clarify what had actually happened.
The law of unintended consequences is a powerful force in the lives of people and communities. Actions that seem desirable or at least innocuous can have nasty repercussions. Unfortunately, a chain of just such events has put an upstanding and productive member of our community in grave danger for his future. Franklin, whose shop keeps many of our cars running, may be facing a prison sentence for possession of an unlicenced weapon.
Last year on the 18th of January 2012, the Proyecto Ley 420 Articulo 333 of the penal code was implemented, with the desirable intention of reducing the criminal use of unregistered guns. Possession of an unlicensed firearm was changed from a misdemeanor with I believe, a $150 to $200 fine, to now a felony with a 10 to 12 year sentence. Few people except those who regularly deal with guns are aware of this change.
In December of 2011, our good friend Papa Ricco, of pizza fame, needed some repairs done on his car. Not having enough money to pay for the work at the time, he gave Franklin two brand-new in-the-box, unregistered pistols as collateral against his repair bill. Two weeks later, before he could redeem his guns, The Papa died in a car crash, leaving Franklin with the unintended consequence of having two guns that he did not want instead of money that he needed.
Recently, Franklin decided to register the guns in order to be able to sell them legally. He was in the process of inquiring as to what the registration process was, when a couple of gringo friends suggested that before he went to the trouble to register them, he should try them out. So three men, the two friends with a licensed rifle and handgun, proceeded up into Bajo Mono to a friend's finca with a plastic jug of water to shoot at. What could possibly go wrong?
Before Franklin, who had never fired a gun in his life, could fire more than four rounds from one of the pistols, a resident neighbor heard the shooting and called the police, who arrived and arrested the three of them. Having a registered rifle and handgun, the two friends were guilty of only minor offenses and quickly released. However, Franklin was charged with possession and use of an unregistered firearm. In jail and told he was looking at 10 to 12 in a Panamanian prison, he became so anxious about the situation that his blood pressure became dangerously high, and the police took him to the regional hospital in David. After a week in hospital he was released and with the help of his partner, George, who put up $2,000 bail, is once again free. But he is now looking at major criminal charges with 10 to 12 years in jail if found guilty.
Lawyers flocked around like buzzards and wanted to charge him $3000 up front and $10,000 to continue the case. He declined and found a young lawyer in David who was more reasonable. His parents, who had just mortgaged their house to help him pay for his part of the business, are taking on some more charges - $500 up front and $3000 or more for the lawyer to complete the case.
So, Franklin, innocently and not knowing the new laws pertaining to guns, intending to try out 2 pistols he was intending to sell, to make good on money spent fixing Papa Ricco's car, is now faced with the unintended consequence of an expensive trial and potentially ten to twelve years in prison.
The prospects for a fine and suspended sentence are at best uncertain, both in terms of process and cost. For those of you who know Franklin, any prison time would be a serious danger to his health and an unbearable hardship for those who depend on his presence - his mother and father, his many employees and indeed, all of us for whom he provides our community a valued service.
Papa Ricco himself would be devastated to see what damage his well-intended gesture of good faith has brought to Franklin. For all of us who attended The Papa's memorial service and all of us who value our community relationships, let it be a call to help Franklin financially.
We cannot influence the courts, or the laws of the country, but we can help in a very concrete way, by contributing, a little or a lot to Franklin's defense fund. Anonymously or with your name, let's see if together we can come up with the $3500 for the lawyer and be prepared for the financial burdens that might be coming down the road.
The goal is to help keep Franklin out of prison, so he can continue to support his mother and father, his many employees and continue to provide a valuable service to his customers and the community.
His bank account number is Global Bank : # 16-334-00113 -5 if you can spare a few dollars. Or, you can give cash to Franklin directly in his shop. If he is not there, the lovely older lady who frequently helps in the shop is his mother.
Thanks to all for your generosity. Make a donation in Papa Ricco's name if you knew him.
Mostly though, be very careful if you have an unregistered gun. The unintended consequences can be disastrous under the new law.
Mark Heyer, Alto al Crimen
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