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Former chief faces charges in guns case
By The News staff
Last Updated: April 30, 2015

The firearms purchasing case involving the Bel Aire Police Department widened this week.

A former police chief and a third former officer of the department were indicted by a grand jury April 28 on federal charges, bringing to four the number of people allegedly involved in using the department to purchase military-style weapons for personal use.

The indictment alleges that former chief John R. Daily, 62, of Haysville, and former officer Ricky L. Swanson, 39, of Wichita, conspired to buy firearms at a discount by claiming the weapons were the property of the police department and would be used for law enforcement purposes, U.S. Attorney Barry Grissom said in a news release.

Daily and Swanson are the third and fourth defendants charged in the case. Both of them are charged with one count of wire fraud and one count of mail fraud.

Also charged in the case are Nathan A. Mavia, 26, of Wichita, and Robert McCaslin, 41, also of Wichita and a former Valley Center police officer.

The indictment alleges that Daily, who was chief from May 2006 to December 2013, signed paperwork for the purchase of three Sig Sauer Model 716 Patrol, 7.62 mm rifles, falsely stating that the military-style weapons were being purchased for use by the police department and would not be sold. In fact, the rifles were not approved for officers to carry on duty. By misrepresenting the rifles as police department property, the defendants were able to take advantage of special pricing and tax exemptions, the U.S. Attorney's Office said. 

The indictment alleges that Swanson, who worked as an officer from November 2006 to December 2013, ignored an interim police chief's directions to cancel the order. Instead, he directed two of the rifles to be delivered to another location so he could take possession. He kept one of the rifles and sold the other one.

If convicted, Daily and Swanson face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count.

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

McCaslin 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, where he was fired after the firearms allegations were made public.

The indictment against Mavia alleges that he 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.

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.





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