BANGOR, Maine — A Parkman resident who refused to surrender all of his firearms to state and federal authorities after being issued a protection from abuse order was sentenced Thursday in U.S. District Court to five years and three months in prison.
Michael J. DeMaria, 44, also was sentenced to three years of supervised release.
“I apologize to my family and to my children and for disrupting their lives,” an emotional DeMaria told U.S. District Judge John Woodcock just before the imposition of his sentence. “Please accept my apology and forgive me for the poor decisions I have made.”
DeMaria said he has had no contact with his estranged wife or three children, the youngest of whom is 7 and autistic, in more than a year. The defendant told Woodcock that he hoped that through the news media his family would hear and accept his apology.
“I have greatly failed in my responsibility and greatly failed my family in how I handled this situation that has been thrust upon me,” DeMaria continued. “I have lost being able to be a father to my autistic child. There is no way for him to understand why I am not in his life.”
DeMaria pleaded guilty in February to two charges: possession of firearms in violation of a protection from abuse order, which is in effect until January 2013, and being in possession of a firearm while addicted to marijuana.
By pleading guilty, DeMaria agreed to forfeit a dozen guns and thousands of rounds of ammunition. His wife, Patricia DeMaria, and his attorney, Stephen Smith of Bangor, have filed claims seeking a portion of the seized items.
Patricia DeMaria is seeking some of them as marital property and at least one gun because it is hers, according to court documents. Smith has filed paperwork indicating his client agreed to pay him at least two guns for legal services in the DeMarias’ divorce. Woodcock said he would hold a hearing on the forfeiture issues later in the year but did not set a date.
The weapons and ammunition were found hidden in the walls of DeMaria’s residence as well as disassembled and in buckets hidden on a neighbor’s property. Much of the ammunition was found in a shed on DeMaria’s property.
DeMaria was prohibited from having guns and ammunition after his wife obtained a protection from abuse order on Dec. 28, 2010, from Dover-Foxcroft District Court. She and other family members told investigators that DeMaria smoked marijuana “all day, every day,” according to the prosecution version of events to which he pleaded guilty.
DeMaria was arrested May 17, 2011, outside Dover-Foxcroft District Court while on his way to a divorce hearing. He was released on May 25 on $5,000 unsecured bond.
He was arrested again June 6, 2011, for allegedly violating his bail conditions after a person identified in court documents as a “concerned citizen” told police DeMaria had told him he was looking for a buyer for two AR-15 assault rifles and a Taurus .45-caliber handgun. DeMaria has been held without bail since then.
Working with the FBI, the concerned citizen learned that DeMaria had hidden disassembled guns on a neighbor’s property, according to court documents.
All those items were recovered, the documents said.
DeMaria faced up to 10 years in prison and a fine of up to $250,000. The time he has been held without bail will be applied to his sentence. Under the prevailing sentencing guidelines, DeMaria faced between five years and three months in prison and 6½ years in prison. Assistant U.S. Attorney James McCarthy recommended DeMaria be sentenced to five years and 10 months in prison, while Smith urged Woodcock to impose a lesser sentence.
If DeMaria had not violated his bail conditions on the federal charges, he would have faced between a year and 1½ years less behind bars, Smith said during the sentencing hearing.
Conditions of his supervised release include a ban on the possession of guns and ammunition, no use of illegal drugs and undergoing mental health treatment.
The investigation that led to DeMaria’s conviction was conducted jointly by the Federal Bureau of Investigation, the Piscataquis County Sheriff’s Office, the Maine State Fire Marshal’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bangor Police Department and the Maine State Police Bomb Squad, according to the U.S. Attorney’s Office.
I dont really see the big deal.. so what this guy owns guns? Its our rights as Americans. And for him to be able to sell “Said guns” shouldn’t be a crime. They were all taken apart. If he got mad at somebody what is he going to do, spend 45 minutes putting them back together and use them on someone? He should just go smoke his marijuana (Illegal drug) and chill out.
His wife used the system to ruin him!!! And, she did. One thing leads to another and this case is an example of this………He was stupid in not turning over all his weapons. He would have gotten them all back after the protection order expired. They were still out to get him…. She won in this case…
No, he ruined himself. Don’t blame someone else for his actions.
When you play on the tracks you get hit by the train
What makes you think he would have gotten them back? I believe they would have been forfeited.
If you knew the story.You would never had said, what you said. This family have been hurt enough, by this man. His wife had to run with their then 6 year old autisic son on Dec. 27,2010 in a snow storm Because he call their older son and said he wanted to take them out his wife and little boy. Remember he is not only little but autisic. .What are you saying she should have just let him taking hers and their lttle boys life? He told others he wanted their oldest son to get killed in Afghanistan and was mad that he didnt. He turned his guns over then later they found more in the walls with ammo after he said that was it. Then said the other guns they where looking for he sold back in Nov.2010 well we all know that was not true because someone who cared called and reported it and then they found them. This is just a little of the story you dont know the hell they lived. Make sure you put the blame on the right person him. She didnt play any game it was him. Everyone who hit like should be ashame. How many woman and children need to be killed.
If the man has been abusive, and not necessarily of sound mind (overuse of pot), then I agree with the law. His guns should be taken away. One must weigh out the facts. Taking away his guns only inconveniences him. Allowing him to keep them could result in further family violence.
However, do I think his sentence is too harsh? Absolutely. People commit worse crimes, yet are sentenced to a fraction of what they deserve.
Overuse of pot? _really?_
HAHAHAHA
In the mid 70s, I had a roommate (a damned good body and fender man) that would walk out of his room every morning toking away. All day, every day. Couldn’t keep a job because he didn’t show up half the time. Overuse? Oh ya….
He was told not to but did it anyway. Walling up guns is evidence that he knew he was in the wrong. Having the Feds get involved was the repercussion. Picking and choosing which laws we obey doesn’t work.
Unless you work for the government or have friends that do.
That is really starting to be a given.
I get that he broke the law but five years is a joke.
Wasn’t there just a case in Bangor where a man was sentenced to 7 years for killing and burning another man? Must be he got 5 years for the weapon and 2 years for the killing.
This is the difference between federal and state. Federal sentences are always more strict.
He probably spent a lot of money on those guns and couldn’t afford to give them away so he hoped to get some of his money back from them. It sounds logical to me. The marajuwan addiction sounds like reefer madness is still alive and well in Maine. If he really smoked cannabis all day and night and was still violent then he must be psychotic or something. He definitely got railroaded. There were some guys a few weeks ago that got a month or two for a vicious assault. I figured the judge must have liked those guys; didn’t like this guy
But this was a Federal sentence.
Sadly a lot of people don’t understand that simple fact. No matter how often you point it out they just don’t get it.
All governments are nothing more than the biggest thugs on the block. Our government is on a crusade to disarm the people. Where the people fear the government you have tyranny. Where the government fears the people you have liberty. Soon you will have to forfeit your firearms for a parking violation. This guy became a pawn in the game. He stood up for his second amendment rights. Our founding fathers were terrorists in the eyes of England. Sometimes you need to violate the law to do what is right. His sentence is far to severe and violates his eighth amendment rights.
Your ‘Ruby Ridge’ opinion notwithstanding, his sentence is not unusual by today’s Federal laws, nor does it meet the standards of the 18th century standards of ‘cruel’ when that was written. IMHO, not even today.
WOW
A. You can’t be addicted to pot.B. Nothing was “thrust upon him.” He did this to himself.
This is sad. It doesnt mention if he had a previous record or not. He got absolutely crucified. Possession of a weapon while addicted to marijuana is a crime? You cant be addicted to marijuana. And if you smoke weed and have a gun, you shouldnt be subjected to absurd penalties. Ive yet to meet anyone who claimed to smoke who was violent. All his guns were disassembled and hidden, he obviously had no intention of using them for anything. Granted he was subjected to the protection order, but women can get those for anything now a days. All they have to say is: “He said he’d hurt me.” Boom. Done. No proof required. And so because of that and draconian laws of all sorts, this poor guy who just wanted to get stoned now has to spend years of his life doing federal time. He’ll never be the same person again. Chances are having to survive in a very hostile and violent environment is going to turn him into your typical institutionalized convict. A sad, sad situation and a very good example of how this country is going down the tubes.
Yes he was arrested back in Boston for assault on his Daughter infront of his wife & Autistic Son.. this man is violent and you have no clue!!! It is not true that people that smoke Marijuana are not violent!!! even his Neighbors are afraid of him…… So So sad!!! His Son is awonderful man who has gone over seas to fight for his country and for his Father to wish death on him is so sad.. so think about what you say..
Well apparently you have personal knowledge about this mans character whereas I only read the article. I dont personally know anything about him. As far as violent marijuana smokers, well, my opinion still stands. Everyone can be violent, its human nature. But people who smoke lots of pot typically are not violent as a rule. Unless your a bag of chips… then violence is a certainty.
Thats why it is sad to see people who do not know the true story. Blaming his wife for this… Even his freinds know what this man is…. He is a dangerous man, not only to his family but to others…. He is all you said!…But remember when you smoke from the age of five and that is right five… What it does to the brain a growing brain…. Just think how some people get parsnoid smoking a little and somone could get hurt because of that…. He has been smoking so long and so much being crazy and paranoid… I ‘m sorry, but not everyone is carm when they smoke. It’s not true… I wish everyone would pray for his wife childern this man has done to them. The family he had he was a lucky man great kids and a loving wife.
how many times dose someone have to “mess” up and NOT be put away?I believe he should of went to prison!If it was anyone eles they would of!What the hell makes this guy so special!
Does anyone here read that his wife had a protection order against him or was that lost and did you only read and see what you wanted to see ? He got off light and should have got more time would you all still be blaming his wife and the laws that protect you all from crazy people like him if he killed her and then went after other people maybe even someone you know I don’t think so . Think before you write or know all the facts because clearly there is more to the case . This man is where he belongs And maybe he will get the help he so very clearly needs and his wife and children will be safe from him at the very least for five plus years. Before you defend someone think about the people they have most likely hurt .