Update: sad ending...
http://origin.dailybulletin.com/news/ci_5536247
Deal taken in weapons case
Norco man who kept stockpile pleads guilty, could get 2 years
By Andrea Bennett, Staff Writer
Article Launched: 03/27/2007 11:21:12 PM PDT
A Norco man who police said kept more than 70 pounds of black gunpowder, 110 guns and more than 1million rounds of ammunition in his home pleaded guilty Tuesday to three of the five charges against him.
Thomas McKiernan, 62, admitted to possession of explosives, possession of an assault weapon and resisting arrest.
He faces a sentence ranging from probation to two years in prison when he returns to Riverside Superior Court on April 24.
Deputy District Attorney Michael Mayman said two additional charges of possession of assault weapons were dismissed as part of a plea bargain. Three assault weapons reportedly were found at McKiernan's home.
"His main crime was improperly storing volatile materials," Mayman said.
Investigators found the explosives and guns after McKiernan's house on Pali Drive caught fire March 1. They also found a 25-foot-long tunnel stocked with what was later reported to be barrels of food and water.
Authorities initially arrested him because he wrestled with firefighters as they tried to keep him out of his burning house.
He was later booked into the Robert Presley Detention Center in Riverside in lieu of $100,000 bail.
The possession-of-explosives charge to which McKiernan pleaded guilty Tuesday is a felony. The weapons-possession and resisting-arrest counts are misdemeanors.
Mayman said a person can legally possess only one pound of black powder in Riverside County. McKiernan reportedly had more than 70 pounds in his possession.
The county allows 20 pounds of smokeless powder, but McKiernan reportedly had about 116.
The prosecutor said illegal storage of the powder is dangerous because it can explode in a confined space. McKiernan's powder will be destroyed as hazardous waste.
Mayman said he was comfortable dismissing two of the illegal-weapons possession counts because McKiernan appears to be a gun enthusiast whose collection had fallen out of compliance as state gun laws evolved.
McKiernan had three Chinese-made SKS weapons - the only ones in his collection of 110 guns that required permits - that were classified as assault weapons after a California ban in 2000, Mayman said.
"He owned them prior to the law going into effect, and he didn't think they classified as assault weapons, so he didn't register them," Mayman said. "That's why we charged him with a misdemeanor, not a felony. This is not a guy who blatantly smuggled them into California knowing they were illegal."
Still, McKiernan's assault weapons will be destroyed, he said.
Mayman said he has received several calls from people contending McKiernan is being persecuted for merely being a gun collector.
But Mayman emphasized the guns were not the problem.
"A lot of these weapons he had were collector's items, like
Garand weapons from World War II in mint condition. So, this was not an armory," he said. "But we didn't prosecute him for having a gun collection. We prosecuted him for storing volatile materials."
Michael Cernyar, McKiernan's attorney, said his client has received a lot of support from the Norco community.
"He appreciates that support, and it's picked up his confidence," Cernyar said. "At this point, he just wants to move on with his life. ... In a little less than a week, he lost his house, was placed in jail for the first time in his life, and he lost a lot of his memorables."
McKiernan's house was condemned after the fire.
Cernyar said he does not know what McKiernan will do after his home of 32 years is razed.
