The Tribune Democrat, Johnstown, PA

Local News

July 31, 2013

Man argues lack of ID entitles him to acquittal

EBENSBURG — A Portage man convicted in April of pointing a handgun at a police officer is trying to convince a judge that the district attorney’s office never proved he has the prior criminal record that would prohibit from possessing a gun.

In a post-sentencing argument presented on behalf of Anthony “Tony” Moyer, defense attorney David Kaltenbaugh told Cambria County Judge Linda Fleming that Moyer should be acquitted because of this lack of identification.

Kaltenbaugh said the defense takes the position that the evidence presented during the April trial was not sufficient to show the Anthony Moyer who entered a guilty plea in front of Judge Gerard Long is the same Anthony Moyer who was convicted in the most recent crime.

Moyer, 52, of the 900 block of Caldwell Avenue, was convicted by a Cambria County jury of pointing a handgun in the face of a Portage Borough police officer.

He was sentenced to six months probation in June after entering a no-contest plea to a charge of possessing an instrument of crime.

Authorities say that on Jan. 22, 2012,

Moyer pointed a gun at Portage Officer Donald Wyar after Wyar knocked at the door of Moyer’s mobile home.

Wyar testified at trial that he was met with a handgun about 4 inches from his face. Wyar said that although the door was closed, he clearly saw Moyer and a gun pointed at him through a small window.

Key in the case is a 1995 charge of unlawful restraint against Moyer.

Scott Lilly, Cambria County assistant district attorney for appeals, said the charge reached the level that prohibits Moyer from possessing a firearm.

Lilly told Fleming that attempts were made to present proof of Moyer’s Social Security number and date of birth at the trial, but the defense objected.

“It is the same name, same middle name, same address,” Lilly said.

The April trial included testimony by Cambria County Clerk of Courts Susan Kuhar, who provided records regarding Moyer and the 1995 unlawful restraint incident.

Lilly said that while the 1995 incident did not reach the level of a felony, it still was serious enough to keep him from owning a firearm, according to state guidelines.

 

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