Francis (Frank) Muratore, age 24, was ordered to serve 45 days in jail as part of a 24-month probationary term on a category C felony carrying a concealed weapon charge.
Muratore admitted to concealed carrying a 22 caliber revolver at a local business without a concealed weapon permit.
The potential penalties for the felony include one to five years in prison, a maximum $10,000 fine and eligibility for probation.
Muratore’s attorney asked the court to allow a privilege of probation as he has only one prior gross misdemeanor conviction, for which he successfully completed 36 months of probation for and received an honorable discharge from.
District Attorney Michael Macdonald said that pursuant to plea negotiations, the state does not oppose probation but recommended more than just the minimum sentence considering that a weapon was drawn in a local business as part of a dispute which caused the incident.
Muratore was originally arrested in March 2021, on felony assault with a deadly weapon and carrying a concealed weapon.
“I was just in a bad time in life and it wasn’t even my argument and I got a good job going on and I apologize for everything I did,” said Muratore. “I regret it, I don’t want to be here as much as you don’t want to be here.”
The victim in the matter did not provide a victim impact statement but was reported to have been informed of the hearing to provide a statement if desired according to Macdonald.
Sixth Judicial District Court Judge Michael Montero granted the probation in accordance with the plea agreement and said that if a victim had come to explain the circumstances and its impact, the sentence may have been different.
“When I first read and saw this, it truly as a judge troubles me that we have this type of event at a well known, often very busy bar and restaurant in our community, that what appears to be a political discussion ends with guns being drawn, or your gun being drawn,” said Montero to Muratore. “That’s not the society that we should live in today. We too often see news accounts of these horrific tragic shootings in public places and it gives me great concern today to think that we may have been on the verge of that happening back on March 27, 2021 in our own community at your own hands.”
Muratore was ordered to a 12-48 month prison term with credit for four days time served, suspended on the condition he serve 24 months of probation with 45 days in jail to be completed intermittently on his days off during the first 12 months of probation + pay a $25 administrative assessment fee and $3 DNA assessment.
As part of the probation requirements, Muratore was ordered to abstain from the purchase/consumption of any alcoholic beverages or controlled substances including marijuana and from being in any place such as bars, liquor stores, vape shops, cocktail lounges, etc.
Muratore was ordered no contact with the victim’s spouse or family members for the entire term of probation.
“This could have easily escalated to far worse than it was,” said Montero. “I don’t take any of this lightly and although I am going to grant this probation today, that is in large part on the grounds that this was the agreement of council, it was the negotiated plea agreement and there is no victim coming forward today to explain the circumstances and how it impacted them, had that occurred, this may be different today.”
