District Attorney Stephanie Vettenburg-Shaffer reports that the Pennsylvania Superior Court has affirmed the conviction of the Kane woman convicted of numerous gun violations.
Marily Woodford-McMahon was convicted at a jury trial in 2023 of Possession of a Firearm with Obliterated Serial Number (Felony 2); 3 Counts of Receiving Stolen Property (firearms) (Felony 2); 3 counts of Receiving Stolen Property (crossbows) (Misdemeanor 1); 2 counts of Possessing an Offensive Weapon (2 sawed-off shotguns) (Misdemeanor 1); and Possession of Drug Paraphernalia (Misdemeanor).
She was sentenced to incarceration of 39 months to 108 months and additional terms in a state correctional facility.
WOODFORD-MCMAHON appealed her case to the Superior Court asserting there was insufficient evidence to convict her of the charges.
By Opinion dated November 14th, the Superior Court affirmed her conviction. In affirming the conviction, the Court noted that the evidence proved beyond a reasonable doubt that she committed the crimes for which she was convicted citing, in part, the location of the firearms – in her bedroom, under her bed, and in her closet and among her personal possessions including her clothes and marijuana she claimed was hers; her “implausible and shifting” statements to police first disclaiming any knowledge of the weapons at all and then admitting she touched one of them; and the close proximity between the date some of the items were stolen and the date State Police searched WOODFROD-MCMAHON’S residence and found them.
Original Post:
(MCKEAN COUNTY, Pennsylvania; August 15, 2023): District Attorney Stephanie Vettenburg-Shaffer reports that, following a two day jury trial at the McKean County Courthouse, Marily Woodford McMahon, of Kane, was convicted of charges related to firearms and stolen property.
Troopers with the Pennsylvania State Police-Lewis Run barracks received information from two separate investigations that stolen firearms and controlled substances would be located at the defendant’s residence on Haines Street in Kane. The separate investigations involved a traffic stop on July 19, 2022, by Trooper Bradley Walters and Trooper Hunter Freer in which a firearm was located in the vehicle of a person who is prohibited from possessing such firearms. In another case, Troopers learned that Officer Joseph Schmader of Kane Borough Police was investigating a Burglary at a Kane residence where firearms and crossbows were stolen.
Troopers learned the stolen property was believed to be at McMahon’s residence and they executed a search warrant at her residence on July 27, 2022.
Trooper Hunter Freer and Trooper Eric Thompson testified over the course of two days to what they located in McMahon’s bedroom and closet – numerous long guns and hand guns, including two sawed-off shotguns and a firearm with the serial number scratched off as well as crossbows. The Troopers described several firearms stacked together and leaning against McMahon’s nightstand under a child’s blanket or towel and several others stacked under her bed as well as two sawed-off shot guns and crossbows laying in plain view atop a dresser.
Three firearms and three crossbows taken during the Burglary at the Kane residence were among the items located.
Marily Woodford McMahon and her son Paul McMahon were charged with crimes related to firearms, stolen property and drug violations. Paul McMahon is currently serving a sentence of 124 months to 254 months plus 1 year of consecutive supervision for his role in this case as well as 3 other cases including Drug Delivery Resulting in Death, Aggravated Harassment by Prisoner and Simple Assault by Physical Menace. The Felon with the firearm in the initial traffic stop as well as the person responsible for the Burglary of the Kane residence have also been prosecuted.
DA Shaffer: “It was a simple traffic stop made while Troopers were enforcing the vehicle code that led to the discovery of a firearm in a vehicle of a felon which commenced a larger investigation that led to McMahon’s bedroom. That traffic stop ultimately led to the seizure of a significant number of stolen items – firearms, other weapons, and controlled substances. I appreciate that the Troopers followed the investigation to conclusion and that they prevented these weapons from getting in the hands of dangerous people. I am also reminded of the dangers they face in each traffic stop such as the one here where a felon had a firearm.”
Following jury deliberations, Marily Woodford McMahon was convicted of Possession of a Firearm with Obliterated Serial Number (Felony 2); 3 Counts of Receiving Stolen Property (firearms) (Felony 2); 3 counts Receiving Stolen Property (crossbows) (Misdemeanor 1); 2 counts of Possessing an Offensive Weapon (2 sawed-off shotguns) (Misdemeanor 1); and Possession of Drug Paraphernalia (Misdemeanor). She was found not guilty of possessing brass knuckles; Possession of Drug Paraphernalia and a Controlled Substance and Possession with Intent to Deliver.
Trooper Hunter Freer was the lead investigator in the case. District Attorney Stephanie Vettenburg-Shaffer prosecuted the case on behalf of the Commonwealth.
Sentencing was set by the Court for September 7.