Broken windshield leads to illegal weapon charge

LYNN – A judge ordered $10,000 cash bail for a man police said they pulled over for a broken windshield and found to be carrying an illegal gun.But a defense attorney suggested the man was searched based on reputation rather than probable cause.Jorge Vargas, 22, of 53 Groveland St., Lynn, pleaded not guilty Monday in Lynn District Court to charges of carrying a loaded firearm without a license, second offense; possession of ammunition without a firearms identification card; a miscellaneous motor vehicle equipment violation; and failure to wear a seat belt.An officer at Pinkham and Union streets around midnight Friday reported pulling over a red car with a cracked windshield. The driver was not wearing a seatbelt and, when he turned to get his license, held his left hand against his waistband and stomach “as if not wanting whatever present to move,” Lynn Police Sgt. Edward Nardone reported.The officer then reportedly recognized the driver as Vargas, whom he knew had “an extensive and violent criminal history.” Vargas allegedly also held a hand against his waist while handing his license and registration to the officer.”Fearing that Vargas was armed and dangerous,” Nardone ordered the defendant out of the car.”Vargas immediately said, ?what’s this all about, you can’t do this over a windshield,'” police reported.Police said they found a loaded .38-caliber revolver in the defendant’s waistband.Essex Assistant District Attorney Maria Markos requested Vargas be held on $50,000 bail. She said Vargas had previously served time for carrying and discharging a firearm and faced a mandatory minimum sentence of five to seven years in state prison for the unlicensed gun charge.Defense attorney Chris Burke said Vargas was not a flight risk as he depended on local doctors and regular medication after being shot in the head in 2013.Vargas pleaded guilty April 2 in Salem Superior Court to carrying a firearm without a license and was sentenced to two and a half to five years committed in state prison, according to a spokesperson from Essex District Attorney Jonathan Blodgett’s office. An armed assault to murder charge was dropped.”The police officer basically got him out of the car based on reputation,” Burke said. “If he is proved to be in possession of a gun, it would be because he is in fear for his safety.”Judge James LaMothe asked if there was “an extension in the law for that.”Burke admitted there was not but requested his client be released on GPS monitoring. LaMothe ordered $10,000 cash bail and scheduled Vargas to return to court Nov. 18.Vargas’ family members declined to comment outside the courtroom.