Charleston Man Pleads Guilty to Federal Gun Crime

CHARLESTON, W.Va. – Scott Phalen, 63, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on July 15, 2022, law enforcement officers responded to a report from an employee at a Kanawha City restaurant in Charleston that an individual had placed a firearm in a trash can at the restaurant. Officers recovered a SCCY, model CPX-1, 9mm semi-automatic pistol from the trash can. Phalen admitted to possessing the firearm and further admitted to placing the firearm in the trash can.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Phalen was prohibited from possessing a firearm because of his prior felony conviction for first-degree sexual abuse in Kanawha County Circuit Court on February 14, 2012.

Phalen is scheduled to be sentenced on June 22, 2023, and faces a maximum penalty of 15 years in prison, three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Troy D. Adams is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-204.

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