Delay granted in firearms case
Schreiber charged in scheme to sell guns from guard at ATF facility
The attorney for a Bedford County man charged with multiple federal firearms violations tied to thefts from a West Virginia firearms destruction facility has been granted more time to file pretrial motions.
Altoona attorney Steven Passarello, who is representing Richard Adam Schreiber, 38, of Everett had been given until Friday to file pretrial motions challenging the evidence against his client.
“The defendant is already preparing some pretrial motions based upon the limited information available at this stage,” Passarello stated in a petition filed last week with U.S. District Judge Kim R. Gibson in Johnstown.
His petition continued, “The defendant cannot adequately determine whether any particular pretrial motions are necessary … without the benefit of total discovery.”
The defense filed a nine-page request for discovery, asking the government to provide information about the case.
Gibson extended the time for the filing the motions until Nov. 25, noting that the time it takes for the defense to prepare its pretrial requests is excludable time under the federal court’s speedy trial rules.
Schreiber has entered not guilty pleas to eight federal counts that charge him with participating in a scheme to sell guns, gun parts and ammunition provided by a former security guard at a federal Alcohol, Tobacco, Firearms and Explosives facility in Martinsburg, W. Va.
Firearms and other weapons were taken to the National Firearms and Ammunition Destruction Branch for disposal.
Christopher Lee Yates, 52, a federal contractor serving as a NAFD security guard, was charged with stealing items from bins at the facility and selling them to Schreiber.
Yates in late August entered guilty pleas to charges of receiving stolen firearms and the illegal possession of government property and was sentenced to 14 years in prison followed by three years’ supervision as well as to pay $300,000 in restitution.
Schreiber has entered not guilty pleas to the charges that include: conspiracy; theft of government property; dealing in firearms without a license; possession/sale of a stolen firearm or ammunition; making a false statement to an agency of the United States; receipt/possession of a firearm transferred in violation of the National Firearms Act; receipt/possession of an unregistered firearm and transfer of a firearm in violation of the National Firearms Act.
Passarello is asking that the government provide him with any statements Schreiber may have made, possible testimony by government witnesses, the backgrounds of those witnesses and whether the government knows of any witness, or has information favorable to the defense.
The investigation began earlier this year when the Philadelphia Police Department confiscated a gun that allegedly had been destroyed.
ATF has recovered more than 4,600 of the stolen firearms and firearm parts. The items were located in 49 of the 50 states.