Delco Convict Sold Stolen Guns To Undercover Cop: DA

A Delaware County man who was previously convicted of felony statutory sexual assault and indecent assault of a minor is facing new charges after allegedly selling two stolen guns – along with magazines, a holster, and an 100 rounds of ammo – to two an undercover agent who was posing as a convicted felon.

Delaware County District Attorney Katayoun M. Copeland announced Charles David Clark, 36, of Marcus Hook, is charged with illegally selling two stolen firearms to the undercover agent.

Clark faced charges of possession of a firearm by a convicted felon and receiving stolen property, both felonies of the second degree; possession of a firearm without a license; illegal sales of firearms; and criminal use of a communication facility, felonies of the third degree, and offenses, the DA's office said.

The arrest comes following a joint investigation conducted by the Pennsylvania Office of the Attorney General’s Bureau of Narcotics Investigations (BNI), the Delaware County District Attorney’s Criminal Investigation Division (CID), and the Upper Chichester Police Department.

At 5:33 p.m. on June 5, BNI Agent Stacy Rucker, while acting in an undercover capacity, spoke with Clark on cellphone about buying a handgun, the DA's office said.

Clark agreed to sell Rucker a handgun for $450 and told her to meet him at the Walmart on Conchester Highway in Upper Chichester, according to authorities. Then at about 5:50 p.m., Rucker and Supervisory Narcotic Agent David Carolina saw Clark arrive at the Walmart, get out of his car, and enter the car Rucker and Carolina were in, the DA's office said.

Clark then pulled out a 9mm handgun he had hidden in his waist band and handed it to the agents, according to the DA's office.

Once Carolina agreed to buy the gun, Clark pulled out two loaded magazines and a holster from under his shirt, saying he would give them to Rucker and Carolina when they bought the gun, the DA's office said.

Rucker told Clark the reason she was illegally buying the gun was because she was a felon, authorities said. Clark then admitted that he too was a convicted felon, the DA's office said.

Law enforcement records revealed that in June 2009, Clark pleaded guilty to felony statutory sexual assault and indecent assault of a minor, and was remanded to the George W. Hill Correctional Facility, the DA's office said.

Rucker handed Clark $450 in cash and Clark gave the two loaded magazines, holster, and an additional 100 rounds of ammunition to the agents, according to the DA's office.

He also offered to sell the undercover agents cocaine and Percocet pills, authorities said.

Then on Aug. 9, Clark contacted Rucker saying he had a .45 caliber handgun and a Ruger 9mm firearm for sale, according to the DA's office.

The next day, Rucker advised that she would buy both of the guns, but Clark said the .45 caliber firearm was already sold, however he still had Ruger 9mm and would sell it for $500, the DA's office said.

While talking with Rucker, Clark said that he obtained these handguns during a burglary he recently committed, according to authorities.

Rucker set up a meeting with Clark on August 11 at the same Upper Chichester Walmart to buy the gun, according to the DA's office.

At 9:20 a.m. on Aug. 11, Rucker contacted Clark by cellphone and Clark said he was at the meeting location and was parked in the Walmart lot, the DA's office said.

CID and BNI agents then took him into custody and found a loaded 9mm Ruger handgun hidden in a book bag on the front seat, according to authorities.

Clark was remanded to the George W. Hill Correctional Facility after failing to post bail set at ten percent of $100,000. His preliminary hearing set for Aug. 23.

In Delaware County, the District Attorney’s Anti-Violence Task Force and Gun Trafficking Unit continues to work with local, state and federal authorities to target individuals who illegally sell and straw purchase firearms.

"In the case of Charles David Clark, he stole these guns and then brazenly sold them for profit to an individual who he believed was a criminal, showing a complete disregard for the law," Copeland said. "By doing so, and blatantly perpetuating criminal activity right here in our community, the defendant faces up to ten years in prison under the Brad Fox Law. We commend Agent Stacy Rucker and Supervisory Agent David Carolina of the Pennsylvania Office of the Attorney General’s Bureau of Narcotics Investigations and CID Detective Steven Bannar for their work on this case and the Upper Chichester Police Department for their assistance. We will continue to aggressively target gun traffickers to prevent criminals from illegally obtaining firearms and to raise awareness about the severity of these crimes."

"Thanks to the strong collaboration with our law enforcement partners in Delaware County District Attorney Katayoun Copeland’s office and the Upper Chichester Police Department, two more stolen guns are off our streets and this illegal gun trafficker will face justice," Pennsylvania Attorney General Josh Shapiro said. "People have the right to feel safe in their home and the neighborhoods where they live and work – and illegal guns and gun traffickers erode that basic right."

Deputy District Attorney George B. Dawson, Chief of the Anti-Violence Task Force, will be prosecuting the case on behalf of the Commonwealth.

Image via Delaware County District Attorney's Office