Va. Man Convicted In District Gun Case

Weapons Found Near Capitol

A Virginia man was convicted yesterday of carrying a loaded shotgun near the Capitol and stashing explosives in a pickup truck he parked nearby.

Michael S. Gorbey, 38, stood silently in D.C. Superior Court as verdicts were read that found him guilty of 14 charges, including one of making and possessing a weapon of mass destruction.

Gorbey was arrested Jan. 18 when authorities caught him with the shotgun and a sword three feet long in the 300 block of First Street NE. Gorbey, who told police that he had an appointment with U.S. Chief Justice John G. Roberts Jr., was wearing a bullet-resistant jacket and carrying 31 rounds of ammunition.

Sentencing is scheduled for July 25. He faces up to 50 years in prison.

Gorbey, of Rapidan, Va., represented himself at trial, frequently drawing the ire of prosecutors and the judge by asking questions that were deemed too leading, argumentative or irrelevant to the case. Gorbey, jailed since his arrest, has been in and out of prison since 1991. He has been convicted of crimes including larceny, domestic violence, illegal possession of firearms and possession of drug paraphernalia.

The verdicts came after a three-week trial. Much of the testimony centered on what was found and when in Gorbey's truck, which was parked on D Street NE near the Capitol and Union Station. U.S. Capitol Police bomb squad members found no explosives when they first searched the truck but later said their search had been rushed.

After obtaining a search warrant, police checked the truck Feb. 8 and found a can of gunpowder taped to a box of shotgun shells and a bottle of BB's behind the driver's seat. Prosecutors said the device, if detonated, could have caused injuries. Police also found 750 rounds of ammunition in the truck.

Three top Capitol Police supervisors were reassigned after the second search.

The jury rejected Gorbey's arguments that police planted the explosives to frame him. Gorbey also said that he was carrying nothing more dangerous than a walking stick when arrested, and that a videotape of his arrest was altered to make it look as if he had the weapons.

Gorbey agreed to allow court-appointed public defender Eugene Ohm to represent him for the sentencing and his planned appeal. Ohm served as Gorbey's adviser in the trial.

During his testimony, Gorbey talked about how before driving to the District in January, he and his girlfriend, along with sons, ages 4 and 8, were homeless and lived in the back of the truck in a Virginia forest.

It took jurors, most of whom seemed to be taking notes throughout the trial, about five hours to reach their verdict. Afterward, some jurors said they felt sorry for Gorbey and believed that he was dangerous and had serious mental problems.

During the proceedings, prosecutors had asked Judge Gregory E. Jackson to authorize a psychological evaluation of Gorbey. Jackson declined, saying there was insufficient evidence to do so.