Bureau of Alcohol, Tobacco, Firearms and Explosives

PITTSBURGH - Two residents of Beaver County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of possession of a firearm by a convicted felon, possession of a stolen firearm, and using and possessing a firearm during a drug trafficking offense, United States Attorney David J. Hickton announced today.

The three-count Indictment, returned on April 7 and unsealed yesterday, named Timothy Paul Brown, Jr., 34, of Rochester, Pa., and Daniel Thomas Nolder, Jr., 25, of New Brighton, Pa., as the defendants.

According to the Indictment, from in and around June 1, 2014, through Dec. 15, 2014, Brown Jr., who has previously been convicted of Burglary and Robbery, possessed, bartered, and disposed of 53 stolen firearms, aided and abetted by Nolder, Jr. Brown, Jr. was also charged with using and possessing a firearm during a drug trafficking offense during this time period. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.

This case involves the theft of firearms from a licensed gun store which, according to the government’s theory of the case, were ultimately traded for heroin.

ATF Special Agent in Charge Sam Rabadi said, “A thief who steals firearms from a licensed gun store endangers our neighborhoods. The stolen guns are quickly unloaded onto the streets for fast cash or illegal drugs, and later are often recovered by law enforcement after use in crimes of violence. This investigation and indictment is a reminder that ATF remains persistent tracking and arresting gun thieves and bringing an end to their criminal conduct.”

The law provides for a maximum total sentence for Brown of not less than five years and up to life in prison, a fine of $250,000 or both. Nolder faces the same possible fine, as well as a potential sentence of incarceration of up to 10 years. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.

This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Rochester Police Department, Aliquippa Police Department, Pittsburgh Bureau of Police, and, Pennsylvania State Police – Beaver Barracks, conducted the investigation leading to the Indictment in this case.

An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.