CLEARFIELD – A 38-year-old Curwensville man who has been accused of aiming a firearm toward a pair of state troopers before discharging a shot in his home had charges bound over to court by Magisterial District Judge Richard Ireland on Wednesday.
Michael David Guelich, 38 of Curwensville, will face eight counts of Felony 2 aggravated assault, six counts of Felony 1 aggravated assault and 11 counts of recklessly endangering another person.
Ireland, however, dismissed three counts of the Felony 2 and two counts of Felony 1 aggravated assault charges. He also dismissed both the simple assault and harassment charges.
Deb Archer, of the Clearfield County Emergency Management, said she received a call for a domestic dispute in progress in Pike Township at approximately 11:49 p.m. on. Oct. 10. She said a child had requested the police, as his father was attempting to kill his mother. She said the Clearfield 911 Center then dispatched the state police.
During his testimony, Tpr. Robert Southern, of the Clearfield State Police, said he and Tpr. Douglas Mihalko were in Curwensville for a separate incident. He indicated they were told to re-direct to the Guelich residence, however. He said they were informed a child had called, stating his father had a gun and was going to kill his mother.
At arrival, Southern said he noticed an adult female and two children in the picture window of the home. He said they were pointing their fingers to their head like a gun and then toward the basement area of the home.
Southern said that Mihalko headed toward the back of the home. He said he headed toward the front but was waved off by a young boy. Southern said he was uncertain of the boy’s instructions. He said he continued toward the front of the home. At that time, he said one of the boys opened the window and instructed him to enter in the rear of the home.
At the rear, he said he and Mihalko entered the home, and it was “pretty chaotic.” He said the adult female was yelling, and the children, who were 8 – 10 years in age, had their hands over their ears. He said the female related that her husband was downstairs and had a gun.
Southern said that Mihalko spoke to the female adult and two children. He said he proceeded and made contact with Guelich. He said he stood at the top of the stairway and was unable to see the defendant. He said he believed Guelich was in the lower part of the stairway.
According to Southern, the defendant was very agitated. He said Guelich said “in substance” that they would have to bust the back window and shoot him in the back, or it would be suicide by cop. Southern said he was afraid by the defendant’s comments.
Southern said Guelich then inquired about how many years he had been on the job. He said he replied, “What does that matter?” He said he observed a weapon, which was being pointed in his direction, through the spindles of the stairway.
As a result, Southern said he told Mihalko that they and the family needed to get out. He said he advised his fellow trooper that the defendant had a rifle. He said he didn’t believe Mihalko heard him. At the time, he said the adult female was being combative and uncooperative. He said she wanted to speak with her husband.
Mihalko testified that it took them approximately 10 minutes to remove the female and children from the home. He said they tried to do so immediately, but the adult female was combative and wouldn’t follow their verbal orders.
Southern said Guelich told his wife that she was “only making it worse.” He said the defendant then commented he was going to get his weapons. He said he grew concerned for the safety of both the female and her children as well as that of himself and his partner.
Mihalko said he could not see the defendant, when he made verbal contact with him. He said he also observed a firearm being pointed in his direction through the spindles of the stairwell.
When he first made contact, Mihalko said he indentified himself to Guelich, who replied “(explanative) you.” He said Guelich told him he was getting more guns.
“There was definitely fear,” he said. He said he was both afraid and threatened.
Mihalko also testified that he heard what appeared to be guns being piled on top of each other. He said it was a “metal on metal” sound and believed the defendant would have had at least two firearms. He said he heard the action of a gun.
Both Southern and Mihalko testified that while they were escorting the family from the home, they heard a gun shot discharge inside.
“I was scared for my life,” Southern said. He said the family was ahead, and he and Mihalko were behind them. He said they escorted them to the state police vehicle.
Southern said one of the boys asked if his father had just shot himself. Southern said he advised the boy that his father had not. He indicated he could hear him yelling inside the residence.
Southern said he contacted the station and radioed that they had a barricaded gunman and a firearm had been discharged. While in the state police vehicle, he said the adult female remained combative and wanted to return to the residence.
Southern said they waited for back up and met with additional troopers in the IGA parking lot in Curwensville. He stated he and Mihalko could not return to the home, as they had the family with them.
Tpr. Richard Magnuson, of the Clearfield State Police, said he assisted and met with other state police members in the parking lot. He said his supervisor later instructed him to stay with the adult female and two children.
Magnuson said he called the residence and spoke with Guelich. While inquiring about the alleged incident, he said the defendant replied, “(explanative) you. Take me off speaker phone.” Magnuson indicated he did not have Guelich on speaker phone. He said Guelich then hung up on him.
Magnuson said Guelich called him back, stating he had two minutes to say what he had to say. He said the defendant told him about his weapons.
“He said, ‘Rick, I hope you don’t come up here,” Magnuson said. He said Guelich named off numerous weapons before he hung up.
During their next conversation, Magnuson testified that Guelich asked him if he could get him a jet to Cuba and some beer.
Southern said they were on Maxville Road, when they observed a truck. He said it matched one that had been at Guelich’s residence. He said it came to a temporary stop on Ridge Road before taking off abruptly at a high rate of speed. He said they took cover, assuming the defendant could be armed.
Southern said police then initiated a pursuit during which Cpl. Richard Koontz, of the Clearfield State Police, radioed that the defendant had made a U-turn. He advised Guelich was aimed directly toward them, and Koontz been ran off the road.
Southern said that Mihalko, who was operating their vehicle, took evasive action as a result. He said they observed Guelich’s vehicle traveling toward them at a high rate of speed.
“I thought he was going to hit us,” he said. Southern said they all then made a U-turn to continue their pursuit of the defendant.
Mihalko added that Guelich’s truck was three-quarters of the way in their lane. He said he had to swerve in order to avoid impact. He said he believed the defendant was traveling at a high rate of speed, which he described as at least 70 miles per hour on that particular roadway.
Under cross-examination, Southern testified he could not see the driver of the truck, or if it had any other occupants. He said he could speculate as to the speed but indicated it appeared to be a high rate.
Koontz said he believed a high rate of speed is in excess of 60 miles per hour. He said Guelich’s truck had a lot of lights and blinded him. He said he was forced to swerve off the roadway to avoid a head-on collision.
Tpr. Dirk Neal, of the Punxsutawney State Police, testified that during their pursuit, Guelich’s truck was across the center line. He said the vehicle was traveling straight toward them. He said they were forced to take evasive action and swerve into a lawn.
Neal said everyone turned around and continued the pursuit. He said they were unable to stop the vehicle and couldn’t locate the same. He said they were released from the search during the early morning hours.
Southern said Koontz radioed that the Clearfield troopers should return to the residence and set up a perimeter. He said they were at the residence for 45 minutes to an hour. He said Koontz returned and reported they had not located Guelich. He said they were then instructed to remove all of Guelich’s weapons from the home.
Southern said they removed a fully-loaded Smith and Wesson pistol. He said they also found an unloaded AR-15 semi-automatic rifle. He said he observed where the discharged bullet was lodged.
Mihalko said they found additional weapons in the gun cabinet. He said the defendant had “numerous weapons,” including shotguns and rifles. He said none were illegal, however.
Tpr. David Patrick said he reported to the Clearfield barracks at around 3 a.m. Oct. 11. He said he interviewed both Southern and Mihalko about the incident.
Patrick said he received information that Guelich may be at his camp near Sinnemahoning State Park in Clinton County. He indicated the defendant was apprehended around noon without incident.
Patrick said Guelich voluntarily came out of the camp with his hands up. He said the defendant asked him, “How bad is this?” He told Guelich that he wasn’t sure but not as bad as if he’d caused further problems at the camp.
Patrick said that a handgun was located inside the door of the camp. He said the weapon was seized and taken for evidence. He said the vehicle was seized and taken to the Lamar State Police.
He said he and Koontz transported Guelich back to Clearfield. He said he served a search warrant for both the house and truck. He said the search warrant for the truck produced three guns.
While at the house on Oct. 13, Patrick said Guelich pointed to the hole in the wall, where he had fired the shot. He said the defendant stated, “That’s where I shot the gun. You can see where I wasn’t shooting at anyone.”
About two days later after the alleged incident, Magnuson said he received a message from the defendant. He said Guelich apologized and explained he wasn’t in his right frame of mind. He further indicated he had been drinking beer and whiskey and didn’t mean any harm.
In his closing, defense attorney Chris Pentz said he didn’t see the effort to assault.
District Attorney William A. Shaw, Jr., however, said that even though no one was injured, it still didn’t take away from Guelich’s intent to cause harm.
“It was what was going on in his mind,” he said. He indicated that Guelich could not have seen the other side of the wall toward which he was firing.
“He doesn’t know what’s on the other side. It could have been a state trooper.”
Shaw also reminded the judge of the troopers’ testimony about the pursuit. He said they testified that Guelich traveled “straight toward” them.
He said, “It’s certainly questions for a jury to decide.”