A Gowanda, N.Y., man was arraigned on Wednesday before Magisterial District Judge Richard Luther on allegations he possessed a stolen gun.
Franklin Steven Smith, 23, whose address is listed as New York state prison on South Road in Gowanda, is charged with theft by unlawful taking and receiving stolen property, both second-degree felonies; and theft from a motor vehicle, a first-degree misdemeanor, court records stated.
Court records said on April 19, 2014, Smith and now ex-girlfriend Amanda Whiteman were in Scio, N.Y., visiting friends. While there, Smith allegedly showed Whiteman a Smith & Wesson .380 Bodyguard handgun he told her he recently stole near her home in Duke Center. She watched him fire several rounds.
Later in the evening, the pair began to fight. When Smith learned the police had been called due to the fight, he threw the handgun in the creek because he did not want to be caught with it then left the scene, court records stated.
Amity, N.Y.-based state police recovered the gun that night.
On April 24, 2014, Amity-based state police contacted Kane-based state police to report the gun was stolen out of McKean County. The gun belonged to Duke Center resident Eric Moffett, who works in Bradford City and had reported the missing gun to Bradford City Police because he thought that’s where it went missing.
Court records indicate Smith is incarcerated on the charges in lieu of $60,000 bail. He is scheduled to appear in Central Court on June 25.