Ark Valley News - Officers indicted in scheme to sell guns

Officers indicted in scheme to sell guns
By Matt Heilman
Last Updated: December 11, 2014

VC cop among 2 facing charges

Two former officers with the Bel Aire Police Department were charged Dec. 9 in a federal indictment involving the illegal sale of firearms.

The indictment alleges that one of the officers devised a scheme to buy and sell firearms by falsely claiming the weapons were property of the Bel Aire Police Department and would be used for law enforcement purposes, U.S. Attorney Barry Grissom said.

A second officer is accused of lying to cover up the illegal firearms sale.

Nathan A. Mavia, 26, has been charged with one count of mail fraud. Mavia served as a Bel Aire police officer from February 2012 to June 2014.

Robert S. McCaslin, 40, is charged with one count of making false statements during a federal investigation. McCaslin served as a Bel Aire police officer from August 2007 to February 2014 before transitioning to the Valley Center Police Department in February.

McCaslin was a Valley Center police officer until the indictment was announced Dec. 9.

City Administrator Joel Pile said McCaslin submitted a letter of resignation on Dec. 1, informing the city he had accepted a position with the city of Andale and would be leaving Dec. 12.

When city officials learned of the indictment, they immediately suspended McCaslin for the remainder of his shifts.

"As of last night, he is no longer with the city," Pile said Dec. 10.

The indictment alleges that Mavia devised the scheme to falsely certify that the firearms would be owned by the Bel Aire Police Department and would be used for law enforcement purposes in order to buy firearms at reduced prices for personal use or resale.

The indictment alleges:

Mavia ordered three rifles from Sig Sauer, falsely certifying that they were being acquired for performing official duties, not for personal use. The order form was accompanied by a letter on police department letterhead, a form signed by the former chief of police in Bel Aire, a copy of Mavia's police identification card and a cashier's check. On Nov. 15, 2013, one of the rifles (a Sig Sauer Model 716 Patrol, 762 caliber) was delivered to the Bel Aire Police Department. Two other rifles were delivered to another location.

On Jan. 29, 2014, the interim police chief in Bel Aire found an FNH, model PS90, 5.7X28 caliber rifle in the department armory. Department policy did not allow officers to carry such a firearm on duty. He contacted FNH and learned that two other PS90 rifles were purchased at the same time. The order for the guns was accompanied by a letter stating that the guns were being ordered for officers' official duties, not for personal use or resale. The City of Bel Aire sent information to the Kansas Department of Revenue stating that the rifles were tax exempt because they were being purchased for the exclusive use of the Bel Aire Police Department.

On Dec. 20, 2013, McCaslin was interviewed by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) and the Sedgwick County Sheriff's Office. He stated that he understood the PS90 firearms were purchased for personal use. He said that Mavia and another officer each ordered one. He said he did not know who received the third PS90. During a second interview on Dec. 23, 2013, McCaslin stated the third PS90 possibly was sold to one of his friends. Investigators located a man who purchased a PS90 from a Bel Aire officer for $699. No ATF form was completed for the purchase.

The indictment alleges Mavia paid another officer for one of the PS90 rifles, knowing that the rifle was being purchased by the officer, and that Mavia did not complete the required ATF form. Mavia knew at the time of the purchase that police department policy did not allow officers to carry this type of firearm.

If convicted, Mavia faces up to 20 years in federal prison and a fine up to $250,000 on the mail fraud count. McCaslin faces up to five years in federal prison and a fine up to $250,000 on the charge of making a false statement. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sedgwick County Sheriff's Office investigated the case. Assistant U.S. Attorney Debra Barnett is prosecuting.