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LISBON -- Gaven L. Heiney, 20, Nevada Street, Wellsville, had his illegal possession of a firearm in a liquor establishment felony charge dismissed in Columbiana County Municipal Court. But he will still serve 45 days in the county jail.
Heiney took a 357 Magnum Force into the Busy Bee Tavern, a liquor establishment in Wellsville on June 1. The bar manager, Josh McClain, had reported Heiney had the weapon sticking out of the waist band of his pants and a bar patron, Marci Mason, also reported to police she saw it in his pants hidden under his shirt.
The handgun was taken away from him by McClain and Heiney fled the establishment on foot.
Assistant County Prosecutor Don Humphrey Jr. came to an agreement with Heiney's defense attorney Chris Amato to dismiss the felony charge with prejudice, but for there to also be a lengthy jail sentence for a misdemeanor carrying a concealed weapon charge. Humphrey noted "bad things can happen" when people bring guns into places where alcohol is being served. "He's getting a break, but there is a price to be paid."
Heiney was fined $150 and sentenced to 45 days in the county jail by Judge Mark Frost, who decided to go along with the agreement of Amato and Humphrey. Wellsville Patrolman Joe Saraniti, who was in the court room, agreed that the Wellsville police will maintain the handgun in their evidence room until Heiney's probation is honorably discharged. Frost placed Heiney on a two-year probation period.