SMETHPORT — A Kane man was acquitted of eight gun-related charges at trial Tuesday in McKean County Court, but was found guilty of possessing drug paraphernalia.
A jury trial was held Tuesday in McKean County Court for James E. McMahon, 59, of Kane. At trial, he faced eight counts of possession of a firearm prohibited, all second-degree felonies; and one count of possession of drug paraphernalia, court records indicated.
Assistant District Attorney Sean Barrett prosecuted the case, Robert Kinnear was McMahon’s attorney, and the trial was heard before visiting Senior Judge William Morgan.
Court records filed at the time McMahon was first arrested indicated that on the morning of Dec. 22, 2014, police were dispatched to his 526 Biddle St. home for a report that someone fired a weapon out the back door.
Police from Kane Borough and Mount Jewett Borough and Kane-based state police all came to the scene. After police banged on the door for about five minutes, McMahon answered, and it was explained to him that someone — not McMahon — was seen entering the back door with what appeared to be a handgun. Police asked if they could have a look in the home for safety reasons to find the person.
McMahon allegedly told them they must get a warrant, and law enforcement officials began to secure the scene and write a warrant. About 15 minutes later, the person — James McMahon’s son Paul McMahon — ran out of the house, and James McMahon then gave consent to the search, according to court records.
Police reported at that time they found items of drug paraphernalia along with several rifles. James McMahon has not been allowed to possess firearms since a July 9, 1982, burglary conviction, court records indicated.
