BANGOR, Maine — Even though state and federal judges ordered Michael J. DeMaria, 43, to surrender all the firearms he owned, the Parkman resident apparently didn’t comply with their orders.
DeMaria was arrested Monday after over the weekend he allegedly tried to sell a gun he had hidden on property across the street from his Lander Road residence.
Last month, he was arrested and charged in U.S. District Court with two counts of illegal possession of firearms and ammunition — possessing firearms while being addicted to a controlled substance, and possessing ammunition while being subject to a protection-from-abuse order.
He was freed May 25 on $5,000 unsecured bond by a federal judge. His bail conditions included no possession of firearms. In addition, DeMaria was forbidden last year from possessing guns by a judge in Dover-Foxcroft District Court after his estranged wife filed a protection-from-abuse order against him.
At a brief hearing Monday afternoon before the same judge who released him on bail two weeks ago, DeMaria agreed to be held without bail until his case is resolved. He waived a hearing to revoke his $5,000 unsecured bail.
DeMaria was arrested again because on Saturday, according to the affidavit filed Monday seeking an arrest warrant, he told a person referred to as “the CC” — for concerned citizen — that he was looking for a buyer for two AR-15 assault rifles and a Taurus .45-caliber handgun.
“The CC” called the Piscataquis County Sheriff’s Department about the offer, the affidavit said. That agency called the Federal Bureau of Investigation in Bangor.
FBI Agent James McCarty arranged for “the CC” to record a conversation Sunday with DeMaria about the guns, according to the affidavit signed by McCarty.
“In the conversation, DeMaria tells the CC that around Christmas he had to leave his house,” the affidavit said. “According to DeMaria, he secretly returned, retrieved firearms and ammunition, and hid them across the street from his property.
“He said that he then moved the firearms and ammunition from that location to a neighbor’s barn and that the neighbor moved them from the barn to another location on the neighbor’s property,” the affidavit continued.
DeMaria also told “the CC” that he wanted $2,300 for the guns and a sales receipt dated “two days after Thanksgiving,” about a month before the protection-from-abuse order was imposed, according to the affidavit. He also allegedly said that he did not want to sell the AR-10 assault rifle that he had on the neighbor’s property but wanted to retrieve it and “bury it long term.”
About 6:45 p.m. Sunday, McCarty and other law enforcement officers took possession of “three PVC pipes containing a disassembled AR-10, a disassembled AR-15, and a trigger mechanism for an AR-15 that would allow an AR-15 to function as an automatic weapon. [They] also took custody of an assembled AR-15, a .45 caliber Taurus handgun, and several high-capacity magazines and ammunition for the assault rifles.”
The affidavit does not explain from where DeMaria retrieved the guns and ammunition.
Two weeks ago, at DeMaria’s bail hearing, U.S. Magistrate Judge Margaret Kravchuk called the government’s evidence against DeMaria “weak” because it stemmed from his acrimonious divorce proceeding. She noted in her order that DeMaria had been free on bail without incident since January on a state charge of violating a protection order by possessing firearms. Kravchuk also pointed out that no guns or destructive devices were found in his possession as a result of the recent two federal search warrants executed last month.
No drugs were found on the premises, either, Kravchuk wrote. DeMaria has never tested positive for any drug and there is no evidence he has been treated for substance abuse.
“We are hopeful Mr. DeMaria’s case will resolve itself favorably,” DeMaria’s attorney, Stephen Smith of Bangor, said Monday after his client waived a detention hearing.
Smith declined to say whether he would request a psychological evaluation for his client.
If convicted on the federal gun charges, DeMaria faces up to 10 years in prison and a $250,000 fine.