Thursday Hearing Slated for Man Accused of Brandishing Gun, Threatening to Shoot Victim

SNYDER TWP., Pa. (EYT) – A 23-year-old man who allegedly threatened a victim with a gun and fired three “warning shots” in the Brockway area is scheduled to stand for a preliminary hearing on Thursday.

Court documents indicate 23-year-old Derek LeRoy McCracken, of Rockton, Clearfield County, is scheduled to stand for a preliminary hearing in front of Magisterial District Judge David B. Inzana at 9:45 a.m. on Thursday, November 15, on the following charges:

  • Terroristic Threats With Intent To Terrorize Another, Misdemeanor 1
  • Simple Assault, Misdemeanor 2
  • Recklessly Endangering Another Person, Misdemeanor 2

McCracken remains lodged in the Jefferson County Jail on $25,000.00 monetary bail.

Details of the case:

According to a criminal complaint, around 10:10 a.m. on Monday, November 5, Trooper Himes, of the DuBois-based State Police, was dispatched to a residence in Snyder Township for a report of an incident involving a firearm.

While en route to the scene, Trooper Himes was informed that the victim was at another location in Brockway Borough, so he proceeded to that location and met with the victim.

Interview with the Victim

According to the complaint, the victim reported that around 9:20 a.m. on Monday, November 5, he was dropping off a known woman at her residence in Brockway, and Derek Leroy McCracken was standing in the driveway of the residence. The victim related that he parked his vehicle on the road near the end of the driveway, and the known woman exited the vehicle and walked toward her residence.

The victim stated that as he was sitting in his vehicle, McCracken pulled a black pistol from his backpack, inserted a magazine into the gun, and chambered a round while yelling at the victim, telling him to leave.

According to the complaint, the victim then exited his vehicle and approached McCracken.

McCracken allegedly pointed the pistol at the victim and said, “Get the (expletive) out of here, or I’ll (expletive) shoot you.”

According to the complaint, the victim continued to walk toward McCracken, and McCracken then pointed the gun toward the ground and fired three shots.

The victim reported that the third shot struck the ground approximately two feet from his left foot and following the third shot, the gun jammed. The victim then returned to his vehicle, left the scene, and called the police.

Interview with the Witness

Around 11:30 a.m., Trooper Himes interviewed the known woman who was the only witness to the incident.

According to the complaint, the woman reiterated what the victim had reported.

She also stated that the victim did not have a weapon.

Interview with McCracken

Around 12:15 p.m., McCracken was interviewed at the DuBois State Police barracks.

According to the complaint, McCracken related that around 9:45 a.m., he was at the known woman’s residence because he stayed there the previous night. He noted that he is familiar with the victim and that the woman’s father told him that the victim is not permitted at his residence.

McCracken also allegedly stated that when the victim and the woman arrived, he retrieved his Glock pistol from his backpack and was standing in the driveway with the gun in his hand. McCracken said that the victim exited his vehicle and started walking up the driveway, according to the complaint.

The complaint notes that McCracken allegedly admitted he told the victim “I will shoot you if you do not leave” and then fired three “warning shots” from his Glock 23 (.40 caliber) pistol into the ground.

According to the complaint, McCracken also admitted that he did not see a weapon in the victim’s possession.

McCracken was arraigned on Monday, November 5, in Magisterial District Judge David B. Inzana’s office.


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