BANGOR, Maine — A federal judge Tuesday ordered that a Parkman man facing gun charges be freed on $5,000 unsecured bail.
U.S. Magistrate Judge Margaret Kravchuk denied a federal prosecutor’s motion seeking to have Michael J. DeMaria, 43, detained until his case is resolved.
The judge issued her eight-page decision after a detention hearing held Monday in U.S. District Court in Bangor. During the hearing, Kravchuk called the government’s evidence against DeMaria “weak.”
DeMaria has been charged in federal court with two counts of illegal possession of firearms and ammunition — one for possessing firearms while being addicted to a controlled substance and possessing ammunition while being subject to a protection from abuse order.
Kravchuk noted in her order that DeMaria had been free on bail without incident since January on a state charge of violating a protection order. She also pointed out that no guns or destructive devices were found in his possession as a result of the recent two federal search warrants.
No drugs were found on the premises, either, Kravchuk wrote. DeMaria also has never tested positive for any drug and there is no evidence he has been treated for substance abuse.
DeMaria was arrested again early last week by heavily armed FBI agents and state police as he prepared to attend a divorce hearing in Dover-Foxcroft.
“We’re pleased he’s been released,” DeMaria’s attorney, Stephen Smith of Bangor, said Tuesday. “We really thought when the SWAT team took him down, he should have been treated with more respect.”
Bail conditions include no possession of firearms, ammunition or illegal drugs. He also may not have contact with his estranged wife, who filed a protection from abuse complaint against him, or his two grown children. DeMaria also must undergo a substance abuse evaluation.
Authorities in Piscataquis County had been keeping an eye on DeMaria’s home since December, when his wife told police he threatened to kill her and the couple’s 7-year-old son. The protection from abuse order required that DeMaria turn his guns over to law enforcement officials.
On Jan. 1, a search warrant was executed at DeMaria’s home by state and local authorities in search of bombs and bomb-making materials. No explosives were found, but officials did discover two guns in wall safes hidden in a bathroom in violation of the protection order.
If convicted, DeMaria faces up to 10 years in prison and a $250,000 fine.