Niagara Falls father and son arrested on gun charges

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Dustin McCarthy, Sr., 43, and his son, Dayzon McCarthy, 21, both of Niagara Falls, NY, were arrested and charged in separate criminal complaints with firearms trafficking, which carries a maximum penalty of 15 years in prison. In addition, Dayzon McCarthy is also charged with illegal transfer of a machine gun, which carries a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the criminal complaints, between June 20 and August 12, 2024, the ATF and Niagara County Sheriff’s Office conducted four controlled purchases of firearms from Dayzon McCarthy, including a Glock .22 caliber pistol, a Beretta, a Davis Industries .380 caliber pistol and a “Ghost Gun” that included a 3D printed back plate auto sear, also known as a machinegun conversion device, attached to the firearm. 

On July 23, 2024, investigators made a controlled purchase of a 9mm pistol from Dustin McCarthy. He has two previous felony convictions and is currently on pre-trial supervision related to federal narcotics trafficking charges. 

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and were held pending a detention hearing on August 21, 2024. 

The complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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