An Edgartown fire lieutenant and former Oak Bluffs building inspector faces two counts of unlawful possession of a high-capacity feeding device after Edgartown Police allegedly discovered 30-round AR-15 magazines in a safe at an Edgartown residence. The magazines are illegal under Massachusetts law. The magazines allegedly belong to Raphael Magri, and were found with five firearms, bullets, and other magazines that he legally possessed.
Magri’s arraignment on the gun charges is scheduled for Nov. 15. Magri, who appeared eager to tell his side of the story, made and canceled several interview appointments with The Times over the past three days.
Magri was employed as the local building inspector for Oak Bluffs, but resigned, according to Brian Packish, chairman of the Oak Bluffs selectmen. Packish declined to give a reason for Magri’s resignation. Assistant town administrator Wendy Brough said Magri submitted his resignation on Sept. 6, and the town accepted it on Oct. 3 — 15 days after his weapons were seized by police. Magri’s annual salary was $73,593, according to town administrator Robert Whritenour. Brough also declined to give a reason for his resignation. Magri is also an Edgartown EMT and a ladder company lieutenant. Edgartown town administrator James Hagerty said Magri’s status as a volunteer firefighter remains unchanged, though the town is “looking into the situation” based on the charges.
The magazines were discovered based on allegations Magri was considered a danger to himself.
On Sept. 17, Oak Bluffs Police received notice from Massachusetts State Police that Magri might be a danger to himself and might be armed, according to a police report. Oak Bluffs Police Chief Erik Blake and Sgt. Michael Marchand visited Magri at Oak Bluffs town hall, took a .380 pistol that he had in his possession away from him, and explained to him why they were there, according to the report. Magri subsequently volunteered to be transported to Martha’s Vineyard Hospital, the report states. Police records indicate the pistol in Magri’s possession was lawfully carried.
Edgartown Police, upon learning Magri was allegedly the subject of an involuntary mental health commitment and that he might be a danger to himself, moved to suspend his concealed-carry license and his firearms identification (FID) card. At a firearms suitability hearing on Sept. 27, Judge Edward Lynch upheld the suspension of Magri’s carry license and FID card. Judge Lynch noted Magri did not contest the suspension, court records indicate. Oak Bluffs Police put Edgartown Police in contact with Magri’s wife in order to deal with guns and ammunition he stored at home in a “large biometric safe,” according to a police report.
Edgartown Police Sgt. Joel DeRoche was unable to open the safe at the Magri residence, and “the entire safe and its contents were taken into safekeeping and removed from the house,” a report states. Another Edgartown Police officer secured the .380 pistol Magri had when Oak Bluffs Police removed him from town hall, and brought it back to Edgartown, according to court records.
Sgt. DeRoche eventually located an override key after conferring with Magri, and accessed the safe, according to a report.
Edgartown Police seized a .45 pistol, a .357 revolver, a “compliant” AR-15 rifle, a 12-gauge shotgun, a .17 rifle, and sundry ammunition and magazines from the safe.
“While inventorying Raphael’s ammunition, I discovered two 30-round ‘hi-capacity’ AR-15 ammunition magazines inside a small green ammo storage can,” Sgt. DeRoche wrote in a report on Sept. 25. “The magazines were loaded, and both had the date of manufacture (so-called date code) stamped on them. One of the stamps read, ‘04/08’ (April 2008), the other stamp read, ‘10-08’ (October 2008). Both magazines were placed into evidence,” DeRoche wrote.
Records at the Duke County Registry of Deeds indicate Magri has a $66,800 federal lien against his Edgartown home and a $11,700 lien from the commonwealth of Massachusetts.
Attorney Tim Moriarty represented Magri at the time of his suitability hearing, court records indicate. Moriarty did not return calls seeking comment.