Man gets probation in ghost gun case

Defense emphasized Farabaugh’s limited role and cooperation with investigators

A 55-year-old Altoona man, known for his skills as an auto mechanic and for performing good works in the community, this week received a probationary sentence for his part in an illegal scheme with two other men to manufacture and sell "ghost guns," "hit kits" and ammunition

Federal District Judge Stephanie L. Haines in Johnstown sentenced Wayne Patrick Farabaugh to serve three years on probation.

By imposing a probationary sentence, Haines acceded to the request by the defense attorneys for nonprison time even though they agreed in a pre-sentence statement that "the manufacture and sale of illegal firearms is a serious offense that warrants punishment."

Farabaugh's role was outlined in a nine-count federal indictment that was handed down nearly a year ago by a grand jury.

It charged that Farabaugh was part of a conspiracy that included Harry Miller, 48, of Martinsburg and former Altoona Police Department detective Craig Zahradnik, 52, of Altoona.

Earlier this year, Haines imposed a 10-year prison sentence on Miller, whom Farabaugh knew to have a criminal record.

Miller was described as a person who was "good at building things."

Zahradnik helped finance the operation to produce handguns, silencers, conversion kits for machine guns and many other items.

The guns that were manufactured did not contain serial numbers and thus were untraceable.

Farabaugh, according to the indictment, permitted Miller to use machinery, including a drill press, routers and other tools at the garage where he worked as the lead mechanic.

The charges indicate that the illegal scheme began in May 2022 and continued until April 2023.

It charged that Zahradnik provided the money to MIller who used on-line purchases of components that included Polymer frame kits, AR-15 build kits, as well as triggers, threaded barrels, magazines and silencers.

The Farabaugh defense, including Pittsburgh attorneys Michael A. Comber and Devin M. Misour, emphasized that Farabaugh's role in the conspiracy was limited, and that he cooperated immediately with investigators.

In a memorandum presented to the court, the defense asked Haines to impose a sentence below the guideline range of 18- 24 months behind bars, and instead impose a non-incarcerative sentence.

The defense attorney described Farabaugh, an ex-Mafrine, as a person who was "unfortunately drawn into a firearm conspiracy masterminded by Harry Miller and Craig Zahradnik."

Farabaugh played a limited role in the group, the defense argued.

He allowed Miller, a convicted felon, to use the machine shop and the machinery at his place of employment, Lenny's Classic Car Museum in Altoona, "to construct and store the firearms that ultimately were sold by Mr. Miller and Mr. Zahradnik".

The memorandum described Farabaugh as a lifelong resident of Altoona, a person with no criminal record, a father of five children and someone who would go out of his way to help his friends and others.

This persona led him to become involved with Miller and Zahradnik and to his decision to allow them to use the equipment and store their weapons at Lenny's where Farabaugh was the lead mechanic and manager for over two decades.

Farabaugh will maintain his job at the Museum, it was reported to the Court.

The defense in its memorandum emphasized that while the 55-year-old Farabaugh played a limited role in the group, he played an "outsized role" in the government's investigation, noting he offered from the beginning to cooperate with investigators, and he has "unequivocally accepted responsibility for his conduct."

It was pointed out that Farabaugh testified for the prosecution during MIller's sentencing hearing in May.

A major point made by the defense was that Farabaugh did not participate in the sales of any firearm.

The defense concluded its presentation by stating that Farabaugh became involved in the scheme to produce ghost guns and hit kits "by a misplaced desire to help someone who was out to take advantage of him."

To reinforce that defense contention, 15 letters attesting to Farabaugh's desire to help others were presented to the Court.

One of those letters was from Becky S. Felton, the Outreach Director for the Central PA Humane Society.

Farabaugh has been instrumental in maintaining the organization's vehicles, she stated.

She described Farabaugh as "a kind, honest, and very caring person ...Wayne goes out of his way to help anyone."

Another letter described his efforts to help a friend suffering from illness and a fellow veteran stated, "This is a man who will give you the shirt off his back, and then ask you what else I can do to help you out."

A woman who knew Farabaugh stated in her communication with the judge that Farabaugh "goes above and beyond to help anybody even if he does not know you."

A colleague at work characterized Farabaugh as "a very good person and a friend to many people in our community."

The court also issued a forfeiture order for items seized from Farabaugh during the investigation.

They included three rifles, three pistols, two machine gun conversion devices, three silencers, ammunition and a .40-caliber shield.

While Miller is serving federal time, Zahradnik's sentencing has been postponed because of illness.

Haines has released Zahradnik from confinement to home detention and for several months has postponed his sentencing hearing due to his ongoing medical problems.