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Bureau of Alcohol, Tobacco, Firearms and Explosives

Western District of Pennsylvania

For Immediate Release

July 24, 2013

David J. Hickton, United States Attorney

Contact: David J. Hickton, US Attorney
(412) 894-7312

Three Saxton–Area Residents Charged with Multiple Firearms Violations

JOHNSTOWN, Pa. — Three residents of Saxton, Pa., have been indicted by a federal grand jury in Pittsburgh on charges of violating various federal laws, United States Attorney David J. Hickton announced today.

The six–count indictment named Garrett G. Sherlock, 26, of 606 Branch St., Saxton, Pa., Joshua M. Faircloth, 26, of 216 Saxton Rd., Saxton, Pa., and Kelley L. Foster, 23, of 203 8th St., Saxton, Pa.

According to the indictment, on Jan. 28, 2013, Sherlock stole 31 firearms from Saxton Outdoor Supply, Inc., which is a business licensed to deal in firearms. On the same day, Sherlock and Faircloth transported the stolen firearms from Pennsylvania to Maryland. Faircloth and Foster are charged with being accessories after the fact for assisting Sherlock in avoiding apprehension by law enforcement authorities.

In addition, Federal law prohibits persons who have been convicted of a crime punishable by imprisonment for more than one year from possessing ammunition or firearms. Sherlock had been convicted in 2010 in Huntingdon County, Pa., of criminal trespass, and Faircloth had been convicted in 2009 in Huntingdon County, Pa., of burglary. Criminal trespass and burglary are such crimes.

"The investigators rapidly developed Sherlock as a suspect in the early morning burglary of Saxton Outdoor Supply and then tracked his movement across jurisdictions into Maryland," said U.S. Attorney Hickton. "As a result of their quick and cooperative work, law enforcement was able to recover 29 of the 31 stolen firearms before they could be sold or traded for drugs."

"The firearms violence cycle begins with those, like gun thieves, who arm dangerous people. ATF is committed to thoroughly investigating and arresting individuals who steal firearms that all too often end up on our streets and used in crimes," said ATF Special Agent in Charge Essam Rabadi. "I commend the joint investigative actions of the ATF Task Force, the Pennsylvania State Police, and the Baltimore Police Department for quickly identifying and apprehending the persons allegedly responsible for the theft of the firearms and preventing firearms from potentially being diverted to the criminal element."

The law provides for a maximum total sentence for Sherlock of 30 years in prison, a fine of $750,000, or both; for Faircloth of 25 years in prison, a fine of $625,000, or both; and for Foster of five years in prison, a fine of $125,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police–Bedford Barracks and the Baltimore (Maryland) City Police Dept., with assistance from the U.S. Attorney’s Office for the District of Maryland, 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.

According to Mr. Hickton, Sherlock, Faircloth and Foster are being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.


Editor’s note: U.S. Attorney Hickton is available for phone interviews regarding this case. If you want to arrange an interview, please call 412–894–7312.