Syracuse, NY -- A former Onondaga County sheriff's deputy admitted he violated the terms of his sentence in a felony weapons conviction last year, but will remain free with stricter guidelines, a judge ruled this morning.
Mark Doneburgh, 62, admitted he obtained a hunting license in violation of his sentence. He also agreed to stop shooting at local gun clubs and to return weapons that he wasn't allowed to have after his sentencing, said Senior Assistant District Attorney Michael Ferrante.
"I certainly don't want to see you back here again," Judge Thomas J. Miller told Doneburgh in court.
If there's another violation, Doneburgh will be sentenced to 2 1/3 to 7 years in state prison, the judge warned.
Prosecutors asked the judge to send Doneburgh to jail for the current violation, but Miller indicated he would give the former deputy a second chance to avoid jail. Doneburgh is a year in to a three-year conditional discharge on a criminal possession of a weapon conviction.
The judge said there may have been confusion at the time of sentencing over whether Doneburgh was allowed to hunt or fire at a range. But Visiting County Court Judge Don Todd clearly stated last December that Doneburgh was "prohibited from hunting utilizing firearms in this or any other state." And Donebugh's lawyer called him a "man of honor" who would not violate the judge's order.
After court, Ferrante wasn't buying the idea there was confusion. "I think Mark Doneburgh was blatant about it," the prosecutor said.
The violation centered around a certificate of relief from disabilities, which allowed Doneburgh certain rights given up by most felons. At sentencing last December, Todd gave Doneburgh a certificate, but told him he couldn't apply for a hunting license for two years.
As a felon, Doneburgh is not allowed to possess a firearm without a judge's consent. That's what led to Doneburgh's admission today that he violated the sentence.
Miller took away the certificate of relief from disabilities this morning, meaning Doneburgh also can't vote or use his pilot's license, or a exercise a host of other rights, Ferrante said.
The judge made very clear that Doneburgh wasn't allowed to possess rifles, pistols or firearms of any kind.
In addition to getting a hunting license, prosecutors accused Doneburgh of two other sentence violations:
• Shooting a gun at the Camillus gun club.
• Regaining control of weapons that were to be sold at Gem Sports Supply (inside Ra-Lin's) after his sentencing.
Doneburgh declined comment after court.
Here is background on the case from a recent Syracuse.com story:
Doneburgh, who also worked at firearms manufacturer Glock, pleaded guilty last year to a single felony weapons charge -- possessing an illegal gun silencer -- that satisfied numerous charges that he owned and sold illegal firearms. He was given a three-year conditional discharge.
The decorated police veteran was accused in 2011 of possessing 22 rifles and handguns with defaced serial numbers or weapons that did not appear on his pistol permit. He was also accused of having an assault rifle, a disguised gun, seven silencers and 13 quarter sticks of dynamite.
The DA's office said Doneburgh made handguns from mismatched and illegally obtained gun parts. Some of the weapon parts came from the sheriff's office, where they were to have been destroyed, prosecutors said. Other parts came from Glock.
None of the weapons were used in crimes, prosecutors have said.
Visiting County Court Judge Donald Todd sentenced the former deputy to a three-year conditional discharge last December. When Doneburgh pleaded guilty, Todd said that Doneburgh's pistol license would be revoked and he would not be allowed to hunt with a gun.
"It would also include two years from the date of sentence that Mr. Doneburgh will be prohibited from hunting utilizing firearms in this or any other state and he's not to apply for any such license in this or any other state," Todd said in court.
At sentencing, Doneburgh's lawyer at the time referred to the judge's prohibition.
"I want to emphasize, this is a man of honor," said defense lawyer Edward Z. Menkin, according to court transcripts. "If you simply tell him you can't hunt with a gun, he's not going to do that. And he certainly is not. It would be a violation of law."
Despite his order in court, the judge did not write the hunting ban on a form that allowed Doneburgh to have other privileges not afforded other convicts, called a certificate of relief from disabilities.
Prosecutors argued the judge's words in court should have been enough. That confusion appears to be what Judge Miller was referring to today in allowing Doneburgh to remain free.
In a separate accusation, Doneburgh reportedly regained control of weapons that were confiscated from him after sentencing, Ferrante said. The guns -- which were not related to the criminal case -- were to be sold through the gun store at Ra-Lin's Discount, named Gem Sport Supply.
But the guns somehow made their way back to Doneburgh, prosecutors said. The judge today ordered Doneburgh to relinquish those weapons again.
At sentencing last year, Doneburgh blamed the case on a "cowardly informant," saying he was "guilty of trusting a business partner." He said the weapons were used to advance his shooting skills and promote his product knowledge. He ended by apologizing.
Todd admonished Doneburgh for not taking ownership of his actions.
"I'm not sure what you are apologizing for," Todd said. "You're not saying you did anything wrong ... that's a problem with this case."
