CLEARFIELD – A Clearfield man accused of stealing an AK-47 by putting it in his pants was sentenced in Clearfield County Court.
Douglas C. Marshall Jr., 31, of Clearfield pleaded guilty to a felony charge of theft by unlawful taking before Judge Paul E. Cherry.
He was sentenced to 12 months less one day to two years less one day in the county jail and three years consecutive probation.
He was fined $500 plus costs. Due to the felony charge he must submit to DNA testing at a cost of $250. Cherry also ordered him to complete 100 hours of community service.
The charges stem from an incident at Bob’s Army & Navy in Clearfield on Sept. 15 when Amy Marie Welker, 33, Clearfield and Marshall were seen in the store before the weapon went missing.
Prior to sentencing, Ryan Sayers, attorney for Marshall, asked Cherry to give Marshall a county sentence because he cooperated in the investigation. Marshall was willing to testify against Welker if necessary. She pleaded guilty in November in this case.
Sayers noted that Welker had a lengthy prior record and she was the focus of the investigation. He also stated that Marshall has a 4-year-old son and if he was in the county jail, he would be able to see him.
Cherry stated that Marshall was not thinking about his son when he committed this crime.
“Using the ‘I have a child’ card, does not sit well with this court,” Cherry said.
According to the affidavit of probable cause, police were contacted regarding the missing rifle. Surveillance video showed the couple in the store with a child.
Marshall is seen looking at the rifle, picking it up and putting it down. He then went behind a rack to an area not covered by the surveillance camera.
When Marshall is next seen in the video he has a bulge in his pants and is walking with a limp. He then exits the store. Earlier in the video, he appeared to be walking normally.
Welker was questioned about the theft. She admitted to police that they were in the store that day. She consented to a search of her purse and cell phone and officers were able to find a “Dougie Fresh Marshall” contact listed in the phone. According to a previous police report, Welker also had information on her phone regarding their plan to commit a theft while in the store.
Marshall was found at his Clearfield apartment and arrested by Clearfield Borough and Lawrence Township police. The rifle was recovered at his home.
In November, Welker pleaded guilty to criminal conspiracy/receiving stolen property. She was sentenced to 27 months to five years in state prison.
She was also sentenced for three other cases: two for retail theft and another for criminal conspiracy/retail theft and criminal conspiracy/receiving stolen property. She received concurrent sentences of one to two years in state prison in each case.
