Ironwood man convicted of getting stolen guns

By RICHARD JENKINS

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Bessemer - An Ironwood man was convicted of three felonies in Gogebic County Circuit Court Thursday - including the two most serious charges he faced - while being found not guilty of a fourth.

The jury deliberated for a little over one hour before finding Michael David Zupan, 34, guilty of two counts of receiving and concealing stolen firearms and one count of possessing a firearm while committing a felony. He was found not guilty of tampering with evidence.

"The real issue (in the case) is did he know, or did he have reason to know or believe, the guns were stolen," Gogebic County Prosecutor Nick Jacobs told the jury during his closing argument. "For me to prove that, I don't have to show someone came right out and said, 'Hey, those guns are stolen.' That's not required."

Zupan was charged with accepting at least two guns stolen during a Jan. 18 break-in at an Erwin Township house. While those involved in the break-in testified they brought all of the approximately 13 stolen to Zupan's house, he was only charged with receiving the antique Savage .22 rifle and .375 Winchester Model 94 Big Bore rifle authorities seized when executing a search warrant on Zupan's house the day after the break-in.

Jacobs told the jury many of the facts in the case weren't disputed, such as the guns were stolen during the break-in, one of those who stole the guns - Aubrey Dean Cummins - gave Zupan two of the weapons to pay off a debt and that Zupan's story changed over the course of his interview with Gogebic County Sheriff's Department Det. Sgt. Jorge Cruz.

Jacobs told the jury possessing stolen goods wasn't enough to convict Zupan, but rather the jurors had to find three basic facts - the firearms were stolen, Zupan received or concealed them and he knew or should have at least suspected the firearms he accepted were stolen.

Even if the jury discounted the testimony from those involved in the break-in, Jacobs said there was enough evidence the guns were stolen to convict Zupan. This included the value of the guns - which Zupan told Cruz during the Jan. 19 interview was maybe $800 - compared to the $140 debt and other statements Zupan made to Cruz, such as he thought the deal was too good to be true and didn't want to ask the origin of the rifles.

The felony firearm charge simply means the jury found Zupan in possession of a firearm while committing a felony.

The tampering with evidence charge was from the allegation Zupan erased the contents of his phone during his interview with Cruz.

For his part, Zupan's attorney, Michael Korpela, argued his client wasn't in the same circle as those who stole the guns.

"There were two worlds here. There was the world of felons and addicts, and there was the world of this young father who struggled with problems with drugs but was getting away from it and getting away from this world of drug abuse and thievery," Korpela said. "It shouldn't surprise anyone that when (those who committed the break-ins) were caught, they pled out. Of course you would, there's insurmountable proof - not even reasonable doubt, 100 percent certainty they committed these crimes."

He told jurors any of the incriminating statements or inconsistencies Zupan told the police during the search was due to his terrorized condition as a result of the heavy-handed tactics the police used to enter and search his Norrie Street house.

Prior to closing arguments, the jury heard the remainder of Cruz's testimony, watched body camera footage of the entirety of Cruz's interview with Zupan in January and from Zupan himself.

Three others have been charged in connection with the Erwin Township break-in and are at various stages in the judicial system. Cummins and Donald Lollar were involved in the break-in, while Justin Paul Orlich testified he became involved in the situation after the guns were at Zupan's residence, informing the others the police may be coming and helping Zupan move the guns.

Cummins, 19, pleaded guilty in June to receiving and concealing firearms and second-degree home invasion. He is scheduled to be sentenced Tuesday.

Lollar, 32, was sentenced in July to between 3.5 years and 15 years in prison for one count of second-degree home invasion and time served for one count of larceny of a firearm.

Orlich, 32, is facing charges of receiving and concealing stolen firearms, being a felon in possession of a weapon and felony firearm. His next court date is scheduled in October.