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Gun charges moved ahead for Sligo man

Arraignment set for July 13

A Sligo man continues to be on the hook for a pistol found after he allegedly ran from police in February.

At a preliminary hearing Thursday, District Judge Kevin O'Donnell moved forward charges against David J. McGiffin, 24, who remains imprisoned in Clarion County on $50,000 bond.

McGiffin is charged with two counts of illegally possessing a gun and one count of carrying a gun without a license, all stemming from a Feb. 10 incident in which McGiffin allegedly fled from police who were arresting him on a warrant issued through Clarion County's sheriff's department.

Butler Township Detective David Fish testified to the incident that took place at the Super 8 motel in the township.

“I was requested to assist because there was potential for Mr. McGiffin to be armed,” Fish said.

Fish said he was taking a position at the back door, when McGiffin exited with his right hand in his pocket.

“I asked to see his hands, and he immediately began to run,” Fish said.

According to Fish, the chase was not lengthy and spanned about 75 to 100 yards, but he said during that time McGiffin made “furtive movements on his right side.”

Public defender Michael McFarland honed in on those movements during his cross-examination. He asked if Fish could see McGiffin throw, drop or toss anything specifically.

Fish said he did not see a gun in McGiffin's hand, and he did not see anything thrown, but the motions were suspicious.

“It wasn't like a normal run or gait,” he said.

Fish said the day following the arrest, he was asked by other authorities to listen to an audio tape from the jail in which McGiffin asks a man to contact his girlfriend.

“He said he had to get rid of it, and it was in her name,” Fish said.

Fish said he left immediately and found a loaded pistol near a tree and along the path of the chase. Fish said the gun was registered to McGiffin's girlfriend, who he interviewed later, and who said it had been missing.

The prosecution, led by Assistant District Attorney Terri Schultz, also submitted photographs into evidence.

The photographs show a lightly snow-covered area with a large tree outside the motel. The photographs also showed the gun with a light dusting of snow on it.

Fish said the snow on the gun places it there between the arrest and when it was found.

During his cross-examination, McFarland again questioned Fish on specificity. McFarland asked if at any point in the audio recording the words “gun” or “firearm” were said. Fish said they were not.

McFarland asked how close the tree in the photograph was to the path on which the pursuit took place. Fish estimated about 10 feet.

Despite the back-and-forth nature of the hearing, both the prosecution and defense reserved their arguments, leading to O'Donnell's decision.

McGiffin is expected to appear next for a formal arraignment July 13 in Butler County Court of Common Pleas.

According to the Clarion County Prison, they no longer release mug shots of inmates.

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