A federal judge in Pittsburgh today sentenced a Clarion County man to more than five years in prison on weapons charges.
Dana Darryl McCall, 59, of Ashland received a 63-month prison term for three counts of possessing unregistered firearms. U.S. District Judge Donetta Ambrose refused a request by prosecutors to add prison time based on McCall's criminal history or accusations he intended to kill state Trooper James E. Weaver.
"A jury found Mr. McCall possessed pipebombs with the intent to use them, but I do not find enough evidence he intended to use them to harm or kill the Weavers," Ambrose said.
"I consider the nature and circumstances in this case to be extremely serious," the judge later added. "Mr. McCall, I'm concerned about you. I'm concerned about your past."
State police and agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives raided McCall's house and arrested him in February 2008 .
Items seized included a rifle with a scope and heat-seeking device that was altered to be fully automatic, and a 12-gauge "riot" shotgun, according to prosecutors. Also seized were 22 pounds of explosive powder and pipes, and caps and fuses that could be used to make pipe bombs. In addition, agents took books, including "The Anarchist Cookbook," "Expedited Hand Grenades" and "The Black Book of Boobytraps," prosecutors say.
A jury convicted McCall in January.
Prosecutors said McCall was arrested around Christmas 2006 on a complaint filed by Weaver. The trooper alleged McCall smeared tar on doorknobs at his house three times that month. McCall was found guilty and fined. Prosecutors also said McCall made numerous calls to Weaver's home and once left a recording from a scene in "The Godfather" in which character Michael Corleone asks, "Who says you can't kill a cop?"
A Clarion County Prison inmate reported to investigators that McCall told him he planned to kill Weaver and two other officers.
Several newspaper clippings recovered from McCall's refrigerator pertained to Weaver and allowed McCall to determine which shifts the trooper worked, prosecutors said. Hand-written notes on the clips read "lying neighbors," "inocent" (sic) and "dirty cop."
Assistant U.S. Attorney Ross Lenhardt said McCall's criminal history dates back 32 years and includes making a bomb threat to the house of an 8-year-old girl, shooting a girl with a pellet gun for playing in his yard, assaulting a co-worker and impersonating a law enforcement officer.
"In the future, there isn't any reason to believe the defendant's behavior will be anything but what it has been in the past," Lenhardt said.
Defense attorney Charles Porter blasted prosecutors for overreaching in the case.
"I'm more afraid of the government that I am of my client. It's absurd," Porter said. "The paranoia here is scary."
Clarion County prosecutors have charged McCall with making terroristic threats, weapons of mass destruction, causing or risking catastrophe and possessing prohibited weapons, among other charges.
