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Court delays case of Boardman shooting
CANFIELD
The case of two men accused of using firearms in a vehicle while under the influence of alcohol was postponed Friday.
Robert D. McCabe, 26, of Boardman, and Patrick M. Malie, 26, of Youngstown, both were charged July 4 with improperly handling a firearm in a motor vehicle and an open-container violation. McCabe, a former Mahoning County Sheriff’s deputy and current U.S. Marine, also is charged with operating a vehicle under the influence of alcohol.
McCabe and Malie were scheduled to have a preliminary hearing Friday morning in Mahoning County Area Court in Canfield. The case has been postponed and a pretrial hearing was set for Sept. 9.
Boardman police were called to the 4000 block of Euclid Boulevard when a man reported his residence was shot at about 11:30 p.m. July 4.
Police stopped a nearby car driven by McCabe with Malie as a passenger and identified the guns as a Springfield model 1911 .45-caliber pistol with no bullets in the magazine or chamber and a Glock model 23 .40-caliber pistol with six bullets in the magazine and one in the chamber, reports state.
McCabe and Malie are represented by Atty. J. Gerald Ingram.
Boardman Detective Glenn Patton said officers took a variety of evidence, such as DNA, firearms and gunshot residue, from the crime scene and are still waiting to get tests results back from the state Bureau of Criminal Identification and Investigation.
Improper handling of a motor vehicle is a fourth-degree felony. Patton said the two men could face additional charges, such as firing into a habitation, a second-degree felony, depending on test results of the evidence.