CLEARFIELD – After a bench trial local attorney Stephen Jarrett was found guilty a misdemeanor charge of possessing a firearm without a license by specially presiding Judge J. Michael Williamson.
Jarrett was found not guilty of harassment and terroristic threats.
The verdict came after four witnesses testified to seeing Jarrett in possession of a handgun on Dec. 23, 2005. Two of the witnesses testified that the gun was viewed on while they were on their way to Over the Mountain, and on their way back. Another witness testified that Jarrett flashed the gun for a few seconds while he and the alleged victim were at her house. Another witness testified as to seeing Jarrett handle the gun in the car while on the way to one of the witnesses’ homes.
The alleged victim and two of the witnesses indicated that they were concerned about Jarrett having a gun at different times but that they did not feel directly threatened while riding together. No attempts were made to get Jarrett out of the car, themselves out of the car, or to have Jarrett put the weapon away.
He was accused of pointing the gun at the alleged victim in the case on different occasions, but the judge found him not guilty of the terroristic threats. Inconsistencies were also pointed out between testimony at the preliminary hearing between the witnesses and alleged victim and testimony at the trial.
The investigating trooper was not called called to the stand, nor were four other individuals who reportedly witnessed Jarrett with the firearm. The commonwealth did not provide physical evidence of a firearm, only that Jarrett was not licensed to carry one. Case law was presented that showed that the commonwealth does not have to provide the firearm, but that a firearm was in possession through testimony.
Jarrett said after the verdict that a decision has not been made yet as to an appeal.