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July 16, 1987, pp. 1 and 9.
Related story (disposition) here

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Lumberland Justice Court

By TOM RUE


GLEN SPEY -- Brian Rupp, 24, of Barryville has pled not guilty to an unlawful possession of marijuana violation at a July 9th session of Lumberland Justice Court, according to Lumberland Town Justice William McKerrell. Neither Rupp nor his attorney were present. The case was adjourned until 7:00 p.m. on August 6th.

The case arises from a June 19th incident at a Boy Scout river access in Lumberland. Rupp was searched and detained by National Park Service (NPS) rangers, after twice discharging a short-barreled shotgun in the vicinity of two law enforcement. rangers, according to the NPS.

In an NPS case incident report, ranger Kirk Tranchita stated that while he was on the shore, he 'heard gunshots, drew his weapon and took cover. Tranchita said he located the suspect and ordered him drop his weapon. The individual, who identified himself as Brian Rupp, was then instructed to remove a "large assault type knife" from his person, according to the NPS.

In his report, Tranchita stated that he also ordered Rupp to empty his pockets, which contained a plastic bag of marijuana.

The rangers radioed the New York State Police for assistance. Trooper J.J. Barrett issued Rupp an appearance ticket on the drug charge, but returned Rupp's shotgun and knife because there was no evidence of a weapon's violation.

"In my opinion, for what it's worth, he was trying to shake up the rangers. But I can't prove it. If we could prove it, he would have been arrested for that," Barrett said, adding that Rupp was believed to have been shooting over one of the ranger's head.

Tranchita's report states that he heard what sounded like shot hitting leaves nearby. And the rangers claim that Rupp admitted he heard voices on the river "and thought he would shoot and make noise to scare them off."

According to a report by NPS ranger Ralph Heubner, who arrived later, Rupp said that he fired the gun because, "It has its effects -- makes the canoers want to keep going."

However, Rupp is also quoted as denying that it was intent to chase people away. He insisted that he was target shooting at a log in the access parking lot.

If found guilty of unlawful possession, Rupp could be fined up to $250. Barrett noted he would inform hunting authorities of Rupp's "being afield with a firearm without a hunting license," and was investigating whether the scouts wanted to file a trespassing complaint. Two other criminal cases were also presented on July 9th. John S. Deitz of Port Jervis was charged with driving while intoxicated (DWI) as a misdemeanor. At the request of Deitz' lawyer, the matter was adjourned to August 6.

John E. Goble of Port Jervis was charged with operation of a motor vehicle with no insurance, improper use of license plates, driving an unregistered motorcycle, and driving without a license. Goble's motorcycle remains in the custody of the town constable. This case was also adjourned to August 6, to allow the defendant to obtain counsel.

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Related external link


Upper Delaware Scenic & Recreational River