DUBOIS – A Penfield man accused of selling an 18-year-old a firearm waived his right to a preliminary hearing recently during Centralized Court held in District Judge Patrick Ford’s office.
John James Drum, 45, 5091 Mountain Run Rd., Penfield, is charged with conspiracy/firearm ownership and firearm ownership. He is free on $2,500, bail.
The teen he sold the gun to, Austin Donald Steele, 19, 5890 Westville Rd., Brockway, was facing similar charges but these charges were withdrawn at his preliminary hearing. He pleaded guilty to a summary disorderly conduct charge. Steele must pay $461 in fines and costs.
The charges stem from an incident in early July when Drum allegedly sold Steele a firearm.
According to the affidavit of probable cause, a trooper interviewed Steele at the Pennsylvania State Police barracks in DuBois on July 21. Steele said he purchased a bersa thunder .380 ACP pistol from Drum at the Boy Scott camp.
Earlier that week, Drum made it known that he wanted to sell the gun. Steele told him he was interested in buying it. Steele allegedly met with Drum alone and made the exchange. Steele paid Drum $275 partially in cash and partially by check.
Steele allegedly told him he was only 18 years old at the time, and they would have to wait a few years to do the paperwork. Drum told Steele that would be OK. He told Steele that he trusted him and that he wouldn’t do anything stupid.
A witness told police in an interview that Steele had brought the pistol to his house to do some target shooting. Steele told him he bought it from Drum at the Boy Scout camp for $275.
When Drum was questioned by police, he stated he did not know Steele was only 18 years old. A few weeks prior to the sale, state police came to the camp due to a man threatening suicide.
Drum asked the camp staff if they were legal to carry a firearm to help patrol the property. Steele allegedly stepped forward so he gave him the gun to carry on patrol that night.
Later in the week, Drum decided to sell the gun and mentioned it to a few staff members. That afternoon, Steele told him he was interested in buying the gun. Drum said he checked on the price and told Steele he wanted $275 for it.
When they exchanged the money and the gun, Steele allegedly told him he did not have the money to get it transferred and asked if they could do it at a later date. Drum agreed thinking Steele would have the money in a few weeks when he got paid. Drum stated he had Steele sign a private firearm sale form indicating he was legal to purchase the firearm. He said he didn’t know Steele was only 18 until the officer told him.
On July 22 the trooper interviewed Steele again. He was asked if he stepped forward at the camp indicating he was legal to carry a gun the night that a man was threatening suicide.
Steele confirmed that he did; however, later in the week when they discussed the sale of the gun, he told Drum he was only 18. Drum told him he wasn’t concerned and they could transfer the gun when he turned 21 years old.
He was asked if there was any other time they had a conversation about his age. Steele said they were counting tents when they had a general conversation about him recently graduating.
Drum was contacted again about taking a polygraph test but Drum said he was unsure if he wanted to take it. He said his wife knew Steele’s age because he graduated from high school with their nephew. She yelled at him for not remembering. The trooper asked if it was possible Drum told him his age and he did not hear it. Drum agreed that was possible.