A Johnstown man, who served prison time for killing one brother and wounding another in 1980, has been arrested by city police on firearms charges.

Don Allen Smith, 55, of the 400 block of Wood Street, was arraigned Wednesday before District Judge Leonard Grecek on two felony charges. The former convict is barred from owning or possessing guns.

Smith was released on $10,000 unsecured bond. A preliminary hearing is scheduled for Wednesday before Grecek.

Police say that two guns – a .22-caliber pistol and a .380-caliber automatic pistol – were found inside Smith’s home when police went there around 10:30 p.m. Sept. 15 to check out a report of shots fired.

While they couldn’t verify a shot had been fired that night, officers did find the two guns in the master bedroom, according to a police affidavit.

A 911 dispatcher had told the police that the caller had stated the “father shot the mother.”

The two responding officers heard screaming coming from inside the house and entered after announcing they were the police, according to a police affidavit.

Several juveniles seated in the living room said nobody had been shot. When police asked about the gunman, one juvenile indicated that person was upstairs.

Police found Smith, a woman and a juvenile upstairs, none armed. While Smith initially told police he would tell them where the gun was, he then would not answer their questions, according to the affidavit.

Officers said they found the two guns on a chair in the master bedroom where Smith and his wife had been.

The .380 automatic had five hollow-point bullets in the magazine, and the barrel looked dirty – as if it had been fired, officer Brian Stevens said in the affidavit.

Smith denied the guns belonged to him, and he and the others in the house said nothing had happened. At the time, Smith was intoxicated and had slurred speech and glossy eyes, the police said.

In a search of the house, police found what appeared to be a bullet hole in the upstairs bathroom ceiling, with plaster on the floor below, and three bullet holes in the first-floor living room ceiling.

Smith told police the holes in the living room were from a previous incident that had been reported to the police, according to court documents. He reportedly said he knew nothing about the one in the bathroom ceiling.

In 1981, Smith was sentenced to six to 20 years in state prison on his no-contest plea to third-degree murder and aggravated assault. He supposedly was intoxicated at the time and told authorities he could not remember the incident.

The killing took place early Nov. 9, 1980, on Franklin Street in front of Flood City Lodge 371 of the Order of Elks of the World.

Smith’s brother, Jack Smith, 29, was killed and another brother, Charles, then 41, was shot once in the head. A policeman on patrol in the Kernville section spotted the two wounded men lying beside a parked car.

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