City man sentenced to probation in gun case

Gilliam ‘made a mistake with the application’

HOLLIDAYSBURG - An Altoona man convicted of providing false statements in 2022 when attempting to buy a gun and patronize a shooting range has been sentenced to three years' probation, with a chance for early termination.

Kendall Gilliam, 33, who told Judge Jackie Bernard that he walked into court on Friday knowing he could get a sentence with incarceration, asked for probation.

"I just made a mistake with the application," Gilliam said. "And actually, I don't remember the application. But it is what it is."

Gilliam, a Philadelphia native, told the judge he's been living in Altoona for eight years and feels like he's becoming a leader in the arts community.

While Gilliam said he enjoys music, writing songs and entertaining -- and was pictured on the front page of the Altoona Mirror in July 2022 while performing at the African American Heritage Festival -- he described himself as a father of five and their main caretaker.

"He's a family man, not a threat," Gilliam's father, Robert Gilliam Sr. of Philadelphia assured Bernard.

The jury that heard Gilliam's case in May learned that Gilliam completed applications in March 2022 -- one to purchase a firearm and one to engage in shooting at the Double Tap Gun Range in Altoona -- and indicated on the forms that he was never convicted of a crime for which punishment could have been more than a year in jail.

Defense attorney Mark Zearfaus attempted to convince the jury that Gilliam, like many people who complete gun license applications, checked the wrong box and had no intention of answering incorrectly.

But trial evidence offered by Assistant District Attorney Salua Kamerow revealed that Gilliam's criminal record included two felony convictions in 2014 in Philadelphia -- for possession with intent to deliver and criminal conspiracy -- thereby prohibiting him from possessing a firearm.

In handing down the probationary sentence, Bernard recognized that after Gilliam's convictions in 2014, he had no additional arrests until September 2023. That's when Altoona police went to his house at 2 a.m. to serve a warrant based on the false statement identified on the pair of gun-related applications.

As part of Gilliam's probationary sentence, Bernard instructed him to research and write an essay on the effects of a felony conviction of possession with intent to deliver. She said the essay, designed to be a reflection of what's not allowed, "will ensure that (Gilliam) avoids future clashes with the law."

Bernard also directed Gilliam to complete a cognitive behavioral therapy program and to undergo a mental health evaluation. She reminded him of a prior court appearance, where he wanted his criminal case to be addressed sooner than later because one of his children was sick.

Bernard recalled her willingness to grant his request and relayed that to Zearfaus, along with a directive that Gilliam remove his hat while in court.

"And all I got from you was grief," Bernard reminded Gilliam of the back-and-forth exchange they engaged in because of her request that he remove his hat. "And I was trying to help you out and get your case heard."

Because of Gilliam's argumentative reaction, the judge pushed his case aside and made him wait while she handled others. She also ordered a transcript of the exchange to consider a contempt of court citation that she didn't issue.

Gilliam told her on Friday that he was embarrassed and ashamed of his behavior that day in court.

"I'm not a rule breaker," he assured her. "I don't come in here and play on my phone ... I honestly didn't even think about my hat."

Bernard told him he missed an opportunity for help, which is why she included cognitive behavioral therapy in his probationary sentence.

The judge also praised Gilliam for his artistic pursuits and suggested he expand his current volunteer work to additional organizations during the 100 hours of community service to be completed during probation.

She also directed him to personally fund a scholarship for a child to attend a local arts camp.

Gilliam, who thanked Bernard for what he described as being lenient with him, assured her of his intention to comply with his sentence.

"Nobody will be disappointed," he said.

Mirror Staff Writer Kay Stephens is at 814-946-7456.