EagleTribune.com, North Andover, MA

"I never expected this. This is ridiculous," said Cotnoir, who plans on appealing Romero's ruling.

Romero acknowledges Cotnoir was found not guilty on gun charges, but stressed he does not feel Cotnoir, 34, a father of two and Marine Reserve sergeant, is responsible enough to hold a gun permit any longer. Cotnoir, who lives with his family above the Racicot Funeral Home at 256 Broadway, was named Marine Corps Times' Man of the Year for 2005.

"I respect his war record, but that cannot cloud my judgment," Romero said yesterday. "He was drinking, he fired a shotgun out of a window, and he injured two people. ... At the very least, that shows incredibly poor judgment."

Romero said Cotnoir also admitted "that at no time was he under fire." Yet, he chose to fire the Winchester 12-gauge pump shotgun from a second-story window, he said.

Such "irresponsible behavior" clearly demonstrates Cotnoir is not suitable to hold the gun permit, Romero said.

"When you fire a weapon into a crowd, you have to know what your actions might cause," he said.

But Cotnoir said Romero, who was unhappy with the not guilty verdict, is abusing his power as the city's police chief by pulling his gun license. The department also refuses to give him back the shotgun, which they took into custody after the Aug. 13, 2005, incident outside the funeral home.

"I was found innocent," Cotnoir said. "My life is supposed to go back to the way it was."

But under state law, as chief, Romero has the right to revoke a gun license for any city resident he deems unsuitable to carry a firearm, he said.

"While I acknowledge that you were acquitted on charges of assault and battery by means of a dangerous weapon, my decision is based upon your conduct that led to the charges being brought against you," Romero wrote to Cotnoir. "The lack of judgment displayed by you reflects behavioral tendencies that are not appropriate for a firearms license holder."

The letter, dated July 11, said Cotnoir's gun license was revoked, "effective immediately." Cotnoir must now surrender all of his weapons to the Lawrence Police Department. Cotnoir declined to say what other kinds of firearms he owns.

During his two-day trial, Cotnoir claimed self-defense, saying he was forced to protect his family from a group of rowdy revelers that gathered underneath his bedroom window at 2:30 that summer morning. He called police to disperse the crowd and while he was waiting for help, someone threw a glass bottle threw his bedroom window. Cotnoir got a shotgun and ammunition from under his bed and fired a single shot into the pavement below.

While Cotnoir had earlier complained about noise, patrolmen did not arrive in the area until after the gunshot was fired. Two Lowell residents, Lissette Cumba, 16, and Kelvin Castillo, 21, suffered neck and leg injuries when the shell ricocheted off the pavement. They were treated at area hospitals afterward.

On June 29, a Salem Superior Court jury acquitted Cotnoir of two counts of assault and battery with a dangerous weapon, the shotgun, and discharging a firearm within 500 feet of a building. Tearful jurors hugged the Marine outside the courthouse after the verdict was handed down. He left the courthouse, flanked by his parents, wife and two daughters, saying he was going to leave the Marine Corps and move away from Lawrence.

But Cotnoir said he is still troubled that, to date, police still don't know who threw the bottle at his home that August morning.

"They still haven't found the person that attacked me yet. My attacker is still running loose out there, and who's to say he's not going to attack me again," Cotnoir said.

While Romero is citing the state's gun law, Cotnoir said he is "disgruntled" by the recent gun permit decision.

"His department dropped the ball, which is not my fault. I was trying to protect my family," Cotnoir said. "And I don't understand how the chief can abuse his power as the chief of police ... when his department failed to protect me."

Cotnoir has hired Andover attorney Peter Caruso Sr. and plans to appeal Romero's decision in Lawrence District Court.

Staff reporter Jill Harmacinski can be reached at 978-946-2209 or by email at JHarmacinski@eagletribune.com.