BILLINGS — A Billings man accused of bringing a gun in a school zone will remain jailed as his case goes on, a federal court judge ordered Monday following the man's initial appearance.
Gabriel Metcalf, 49, is charged with unlawful possession of a firearm in a school zone related for allegedly carrying a gun onto public property within 1,000 feet of a school, which is a violation of federal law.
During Metcalf's initial appearance Monday morning, his defense attorney argued that Metcalf knew he was in a school zone but did not know he crossed off of his property and on to public property, when he allegedly carried a firearm onto the sidewalk in front of his house.
An agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) testified that Metcalf was advised of the federal law before he was arrested and that Metcalf told law enforcement he believed the law to be unconstitutional.
Ultimately, Judge Timothy Cavan ordered Metcalf to stay in custody while the case plays out, stating there's no reason to think if he was released, he wouldn't do it again.
For parents of Broadwater Elementary School students, it's a relief that the situation is taken care of for the time being.
“I feel pretty comfortable with it. I feel better," said Amanda Martin, whose daughter is in kindergarten. "I feel like he won't be able to just get out and simply continue on like he had previously.”
Last Monday, right before the first day of school, an alert was sent to parents advising them of repeated sightings of a man with a gun across the street from Broadwater Elementary School.
That man was Metcalf, who was arrested by ATF agents Tuesday afternoon.
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