Lower Pottsgrove man jailed for illegally possessing firearm while hunting in Limerick

Montgomery County Courthouse

NORRISTOWN — A Lower Pottsgrove man who once served jail time for stabbing a Limerick teen has been sent back to jail for illegally possessing a firearm during an alleged hunting excursion in Limerick.

Michael Evan Fallon, 23, of the 1400 block of North Valley Road, was sentenced in Montgomery County Court to 11˝ to 23 months in the county jail, to be followed by five years’ probation, after he pleaded guilty to a felony charge of persons not to possess a firearm in connection with the December 2013, incident near Steinmetz and Mill roads in Limerick.

“What he’s admitting to is that he was in possession of a shotgun without being properly licensed. The reason he wouldn’t be able to get a license is because he had a prior conviction for aggravated assault,” said Assistant District Attorney Stewart Ryan, explaining the nature of Fallon’s guilty plea.

According to court records, in 2011, Fallon, then 20 and of Regal Court in Limerick, was sentenced to nine to 23 months in the county jail, to be followed by three years’ probation, after he pleaded guilty to a felony charge of aggravated assault with a deadly weapon in connection with an Oct. 2, 2010, incident during which he stabbed a 17-year-old boy during an altercation at a residence on Limerick Center Road in Limerick. That conviction prohibited Fallon from possessing a firearm.

“People are prohibited from possessing firearms, after certain convictions, for a reason, and that’s because they’re considered more dangerous than individuals, obviously, without convictions,” said Ryan, who argued for a state prison sentence against Fallon. “He had been convicted of a violent crime in the past and is the kind of person that shouldn’t be in possession of any sort of firearm, whether it’s for hunting or not.”

Ryan argued Fallon knew, as a result of his previous conviction, that he was not to possess a firearm.

“He ignored what he was told by the judge at that time. The fact that he specifically ignored what he was told in the past, that’s why I sought the sort of sentence I was seeking,” Ryan explained.

Police, in court papers, also alleged Fallon had an odor of alcohol on his person when they confronted him in the wooded area at the time of the Dec.21, 2013, hunting incident.

“The situation was made much more dangerous by his imbibing in alcohol during the course of this incident, which is not just irresponsible, but extremely dangerous, under the circumstances,” Ryan argued.

As a condition of her sentence, Judge Wendy Demchick-Alloy also ordered Fallon to attend alcohol counseling after he’s paroled from jail.

The latest investigation of Fallon began about 3 p.m. Dec. 21, when Limerick police responded to the area of Steinmetz and Mill roads after an area resident reported finding deep tire tracks in his front lawn. The resident told police he followed the tire tracks and found an unoccupied white Ford truck parked at the intersection.

Police observed two empty gun cases in the bed of the truck and a hunting tree stand, according to the criminal complaint filed by Limerick Police Officer Kevin McGuigan. A witness told police a neighbor saw several people leave the truck and enter the woods and at least one was not wearing the proper orange hunting gear and smelled of alcohol, according to court papers.

Police initially encountered two properly dressed hunters exiting the woods and they told authorities the truck belonged to some of their friends, “who also were hunting squirrels,” according to the arrest affidavit. A short time later, police observed three other males, who were not wearing orange hunting clothes and who were not carrying firearms, exit the woods, court papers indicate.

When officers spoke to the three men, they determined the truck belonged to Fallon, who police alleged had an odor of alcohol on his person, according to the arrest affidavit. Officers, while speaking with Fallon and the other men, discovered some of the men left shotguns at a barn where they had been hunting, according to the criminal complaint.

Township police summoned state Game Commission officials to investigate possible hunting violations. Three shotguns, a .380-caliber handgun and a camouflage hunting vest were seized from the barn, police said. Fallon, according to court papers, initially told police he had not been hunting and did not have a firearm in his possession.

But a witness told police that he had seen Fallon with a shotgun and that Fallon had an odor of alcohol on his person, court papers indicate. When confronted by police again, Fallon admitted “that he was hunting with the shotgun and did not have the proper orange hunting clothing on,” according to the criminal complaint.

A summary offense of violating state Game Commission regulations was dismissed against Fallon.

In the 2010 stabbing to which Fallon previously admitted, Limerick police said the 17-year-old victim had been stabbed twice in the leg and sustained lacerations to his abdomen, back and left shoulder. The victim told police he was stabbed by a man who was attempting to fight with his sister.

A witness told police Fallon had been drinking “lots of beer and alcohol” the night of the stabbing, according to court papers, and he went to the Limerick Center Road residence to contact some men he “had issues with over a prior incident.” The witness told police Fallon always carried a knife.

Other witnesses who apparently were at the scene when Fallon stabbed the victim, told police they saw the fight between Fallon and the victim and observed Fallon stab the victim. Witnesses also told police Fallon ran from the scene and yelled he was “going to get an AK-47” when he left, according to court papers.

When police spoke with Fallon he admitted to being intoxicated from drinking and he admitted to going to Limerick Center Road. Fallon also admitted to police that he took his knife with him and he got into a physical altercation with several people.

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