Federal weapons charges against Casey J. McNeill of Vernal have been dismissed because the arresting officers did not give him a prompt Miranda warning.

U.S. Magistrate Sam Alba and Judge David Winder agreed with McNeill's defense attorney that McNeill should have been warned that he had the right to remain silent immediately after officers found a gun in his closet and handcuffed him.McNeill had been convicted of drug dealing, drug possession and criminal mischief in the Uinta Basin. He was on probation in February 1994 when his probation officer got a tip that there were guns in McNeill's closet.

Probation officer Reid Merrell and another officer went to the Vernal home where McNeill was staying.

While in the living room, McNeill denied to the officers that he had any guns. When the trio moved into the bedroom and a .270-caliber deer rifle was discovered in the closet, McNeill was handcuffed.

McNeill then began making incriminating statements, acknowledging he kept the rifle and a 9mm Uzi assault rifle, also found in the closet, for personal protection.

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Defense attorney Randall Gaither argued that McNeill should have been given his Miranda warning when he was handcuffed. He demanded that McNeill's incriminating statements be barred from evidence.

Prosecutor Mark Vincent said the charges had to be dismissed because the inadmissible statements were the only proof that the guns were McNeill's and he intended to possess them.

McNeill, if brought to trial, would have contended the guns were brought to the home by someone else, said Gaither.

McNeill, who makes log furniture, has been out of jail since posting bond in January.

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