JOHNSONBURG — Charges against a Johnsonburg man were held for court on Wednesday for allegedly breaking into the Wilmann Sales and Service business building in Johnsonburg.
Nicholas Ray Gnan, 26, is charged with a felony count of burglary – not adapted for overnight accommodation with no person present; a felony charge of criminal trespass – breaking into a structure; a misdemeanor charge of criminal mischief – damage to property; a misdemeanor charge of criminal attempt – theft by unlawful taking; and a misdemeanor charge of use or possession of drug paraphernalia.
Gnan appeared before Magisterial District Judge James L. Martin on Wednesday for a preliminary hearing on these charges.
The commonwealth relied upon two witnesses to present its case.
The first witness was Gary Wilmann, the owner of Wilmann Sales and Service.
According to his testimony, Wilmann entered his business on Oct. 19 and found that someone had broken into the building through a Plexiglas window.
Wilmann said that the building had been “ransacked” and “vandalized,” adding that someone had discharged two fire extinguishers and had gone through file cabinets, offices and tool boxes.
He testified on Wednesday that he did not think that anything was taken from the building, but he added that it would be hard to know for sure.
Wilmann testified that the quote to repair the damages from the incident was $1,957.90.
After Wilmann delivered his testimony, Johnsonburg Borough Police Chief John Clopp took the witness stand to testify.
Clopp investigated the incident on Oct. 19 after being dispatched around 8 a.m.
He testified that the business was “ransacked” and covered with residue from the two fire extinguishers. He added that an interior door was broken as someone had kicked in the door before rummaging through the office’s content.
Additionally, he testified that someone had used a small sledgehammer in an attempt to break into a safe located in the building; the safe did not open, but the combination dial was bent.
In the fire extinguisher residue, Clopp saw footprints, which he determined came from a common work boot.
Clopp collected various evidence from the business including items with suspected fingerprints and pictures and measurements of the boot prints.
He testified that he then left the business and began to canvas the area. He found similar footprints near the Central Hose Hall parking lot.
A review of surveillance footage in the area showed Gnan leaving his home around 3:55 a.m. on Oct. 19 and returning around 7:36 a.m. This timeframe matched with the suspected time of the burglary.
Additionally, the video showed Gnan wearing black pants, a black shirt, black boots and a camo hat.
Clopp testified that he went to Gnan’s home after viewing this video and received permission to search the home from the homeowner. When Clopp met with Gnan in the home, he allegedly had white residue on him, which matched the residue at the business. The chief testified that he seized several articles of clothing from the home, including boots that matched the prints left at the scene.
He testified that Gnan’s grandmother informed him that Gnan had admitted involvement in the Wilman Sales and Service burglary while he was incarcerated in the Elk County Prison. However, recordings of the conversation from the jail were not available as of Wednesday.
No witnesses were called on behalf of the defense.
Martin ruled that the commonwealth had enough evidence to bind the charges to court.
Gnan will proceed to the Elk County Court of Common Pleas to have a formal arraignment on Dec. 5.
Martin also maintained bail at $50,000 monetary; Gnan has been confined in the Elk County Prison in lieu of bail.