dirtysouthpyro
12-18-2024, 12:53 PM
I just came across this old case from 1970 that has some interesting firework history in it. Here is the most interesting part:
During December 1968 and January 1969, defendant Richard Chalaire owned and operated the Plaquemine Parish Bar in Plaquemine Parish, Louisiana. The bar is 100 feet from the St. Bernard Parish line. He had owned the bar for 22 years. For more than 6 years Chalaire sold Class B fireworks to the public from a room connected to the bar. He bought these fireworks from itinerate jobbers. He advertised his fireworks by posting large signs in front of and at the side of the bar. Chalaire made profits from selling these fireworks.
During December 1968 and January 1969, defendant Murray D. Latapie worked part time as a bartender at the bar. He also sold fireworks as part of his duties.
On December 27, 1968, Wayne Mark Dolese bought 1 carton of silver king fireworks from the bar. He paid $10.00. The box was marked "Do not sell to children" and "Keep out of reach of children." At the time Dolese was 13 years old. He and 3 other boys, aged 13, 17 and 18, drove from New Orleans to the bar to purchase fireworks. Dolese said the bar was their "favorite place." He bought fireworks there several times before. Besides Dolese, each boy bought Class B fireworks for himself. The fireworks were displayed on shelves in the room connected to the bar. At the time of the sale there were some other salesmen and customers in the room. The man who sold Dolese the silver kings did not ask him how old he was or whether he intended to use the fireworks for agricultural purposes. The man who sold silver kings to one of the other boys also did not ask him these questions.
On December 31, 1968, Dolese attempted to make a bomb by putting the gunpowder from some of the silver kings into a 35 M.M. film canister. The bomb exploded in front of Dolese while he was working. He almost died. He lost almost all of the fingers on his left hand. He lost most of the vision in his right eye. The hearing in his right ear was affected. The explosion blew a hole in his leg big enough to put a baseball through.
On January 11, 1969, J. Carrol Sellers, a Food and Drug Inspector, and an adult, bought ½ gross of cherry bombs at the bar. He paid $11.00. The box was unlabeled. Defendant Latapie sold them to Sellers. Latapie did not ask Sellers whether the cherry bombs would be used by children or whether they would be used for agricultural purposes.
On January 15, 1969, L. A. Rodriguez, a Food and Drug Inspector, and an adult, bought 1 box of cherry bombs from the bar. He paid $5.00. The box was unlabeled. Defendant Latapie was identified as the seller. Again Latapie did not ask whether the cherry bombs would be used by children or whether they would be used for agricultural purposes.
On January 17, 1969, Inspector Sellers bought 1 gross of cherry bombs from the bar. He paid $10.00. The box was unlabeled. Defendant Latapie sold them to him. Again Latapie did not ask Sellers whether the cherry bombs would be used by children or whether they would be used for agricultural purposes. At the end of the sale defendant Chalaire came on the premises.
The silver kings and cherry bombs in question are both flammable and generate pressure through decomposition, heat or other means. The silver kings produce an audible effect by a charge of 40 grains of pyrotechnic composition. The cherry bombs produce an audible effect by a charge of 20 grains of pyrotechnic composition.
No business in Louisiana has ever been licensed to manufacture silver kings or cherry bombs by the State Fire Marshal. Expert testimony proved beyond a reasonable doubt that the silver kings in question were manufactured in Ohio, the cherry bombs in New Jersey.
At the trial the only factual dispute was whether Dolese and the other 3 boys actually bought the fireworks at the Plaquemine Parish Bar. Dolese and 1 other boy testified that they bought the fireworks there. Both identified pictures of the bar and described the interior in great detail. Defendant Chalaire, the owner, denied this and testified that he had instructed his salesmen not to sell to children. Chalaire agreed that Dolese fell within this category. Chalaire's testimony was improbable. The bar was 100 feet from the St. Bernard Parish line. He admitted that he knew it was illegal to sell fireworks in St. Bernard Parish. He admitted doing a big fireworks business and it is common knowledge that many children buy fireworks. Finally, when interviewed by a Food and Drug Inspector soon after the sales, he did not mention these instructions.
In addition at the trial Chalaire's credibility was effectively impeached. On February 6, 1969, Chalaire swore in an affidavit that (1) "The cherry bombs were purchased about two or three years ago, maybe longer from some man driving a panel truck. I paid about $28.00 for the one case I bought and received no bill of sale" and (2) "No cherry bombs have been sold for at least six months. Those of the case that were sold previously were sold for about $3.50 a box. I have never had any M-80's or silver kings on hand." At the trial Chalaire admitted that he bought the cherry bombs in December, 1968, not "two or three years ago," that he paid over $200 for more than 1 case and he received at least 3 bills of sale. These 3 bills of sale were introduced by the Government. Defendant also admitted that cherry bombs had been sold 1 month before and that he had sold silver kings and M-80's. The sale price was over $10.00 a box. Clearly, defendant's inconsistent statements impeached his credibility.
https://law.justia.com/cases/federal/district-courts/FSupp/316/543/1951683/
During December 1968 and January 1969, defendant Richard Chalaire owned and operated the Plaquemine Parish Bar in Plaquemine Parish, Louisiana. The bar is 100 feet from the St. Bernard Parish line. He had owned the bar for 22 years. For more than 6 years Chalaire sold Class B fireworks to the public from a room connected to the bar. He bought these fireworks from itinerate jobbers. He advertised his fireworks by posting large signs in front of and at the side of the bar. Chalaire made profits from selling these fireworks.
During December 1968 and January 1969, defendant Murray D. Latapie worked part time as a bartender at the bar. He also sold fireworks as part of his duties.
On December 27, 1968, Wayne Mark Dolese bought 1 carton of silver king fireworks from the bar. He paid $10.00. The box was marked "Do not sell to children" and "Keep out of reach of children." At the time Dolese was 13 years old. He and 3 other boys, aged 13, 17 and 18, drove from New Orleans to the bar to purchase fireworks. Dolese said the bar was their "favorite place." He bought fireworks there several times before. Besides Dolese, each boy bought Class B fireworks for himself. The fireworks were displayed on shelves in the room connected to the bar. At the time of the sale there were some other salesmen and customers in the room. The man who sold Dolese the silver kings did not ask him how old he was or whether he intended to use the fireworks for agricultural purposes. The man who sold silver kings to one of the other boys also did not ask him these questions.
On December 31, 1968, Dolese attempted to make a bomb by putting the gunpowder from some of the silver kings into a 35 M.M. film canister. The bomb exploded in front of Dolese while he was working. He almost died. He lost almost all of the fingers on his left hand. He lost most of the vision in his right eye. The hearing in his right ear was affected. The explosion blew a hole in his leg big enough to put a baseball through.
On January 11, 1969, J. Carrol Sellers, a Food and Drug Inspector, and an adult, bought ½ gross of cherry bombs at the bar. He paid $11.00. The box was unlabeled. Defendant Latapie sold them to Sellers. Latapie did not ask Sellers whether the cherry bombs would be used by children or whether they would be used for agricultural purposes.
On January 15, 1969, L. A. Rodriguez, a Food and Drug Inspector, and an adult, bought 1 box of cherry bombs from the bar. He paid $5.00. The box was unlabeled. Defendant Latapie was identified as the seller. Again Latapie did not ask whether the cherry bombs would be used by children or whether they would be used for agricultural purposes.
On January 17, 1969, Inspector Sellers bought 1 gross of cherry bombs from the bar. He paid $10.00. The box was unlabeled. Defendant Latapie sold them to him. Again Latapie did not ask Sellers whether the cherry bombs would be used by children or whether they would be used for agricultural purposes. At the end of the sale defendant Chalaire came on the premises.
The silver kings and cherry bombs in question are both flammable and generate pressure through decomposition, heat or other means. The silver kings produce an audible effect by a charge of 40 grains of pyrotechnic composition. The cherry bombs produce an audible effect by a charge of 20 grains of pyrotechnic composition.
No business in Louisiana has ever been licensed to manufacture silver kings or cherry bombs by the State Fire Marshal. Expert testimony proved beyond a reasonable doubt that the silver kings in question were manufactured in Ohio, the cherry bombs in New Jersey.
At the trial the only factual dispute was whether Dolese and the other 3 boys actually bought the fireworks at the Plaquemine Parish Bar. Dolese and 1 other boy testified that they bought the fireworks there. Both identified pictures of the bar and described the interior in great detail. Defendant Chalaire, the owner, denied this and testified that he had instructed his salesmen not to sell to children. Chalaire agreed that Dolese fell within this category. Chalaire's testimony was improbable. The bar was 100 feet from the St. Bernard Parish line. He admitted that he knew it was illegal to sell fireworks in St. Bernard Parish. He admitted doing a big fireworks business and it is common knowledge that many children buy fireworks. Finally, when interviewed by a Food and Drug Inspector soon after the sales, he did not mention these instructions.
In addition at the trial Chalaire's credibility was effectively impeached. On February 6, 1969, Chalaire swore in an affidavit that (1) "The cherry bombs were purchased about two or three years ago, maybe longer from some man driving a panel truck. I paid about $28.00 for the one case I bought and received no bill of sale" and (2) "No cherry bombs have been sold for at least six months. Those of the case that were sold previously were sold for about $3.50 a box. I have never had any M-80's or silver kings on hand." At the trial Chalaire admitted that he bought the cherry bombs in December, 1968, not "two or three years ago," that he paid over $200 for more than 1 case and he received at least 3 bills of sale. These 3 bills of sale were introduced by the Government. Defendant also admitted that cherry bombs had been sold 1 month before and that he had sold silver kings and M-80's. The sale price was over $10.00 a box. Clearly, defendant's inconsistent statements impeached his credibility.
https://law.justia.com/cases/federal/district-courts/FSupp/316/543/1951683/