FORT WAYNE, Ind. (WANE) – A Hamilton man accused of firing a shotgun round out of his pickup truck while in the midst of a 10-hour standoff with Allen County Sheriff’s officers last month is now facing a federal charge.

Federal prosecutors on Thursday charged 44-year-old David Westfall with one count of possession of a modified and unregistered destructive device.

According to U.S. District Court documents, Westfall had an illegally modified shotgun during his encounter with officers in New Haven on Feb. 19.

That morning, at about 3:38 a.m., officers were dispatched to Gar Creek Road and North Roussey Road in New Haven on reports of a “suspicious vehicle.”

Officers arrived at the scene and located a red Ford F150 Raptor pick-up truck stopped at the north side of Gar Creek Road, court documents said. The vehicle was empty at first before a subject approached them on the passenger side of the truck.

David L. Westfall

The individual was later identified as Westfall. Westfall told officers that he ran out of gas, which they confirmed, court documents said.

When officers ran a check on Westfall’s license, they found he had an arrest warrant both from Ohio and Michigan. The warrant from Michigan called for Westfall’s extradition, according to court documents.

As officers waited for the warrant check to return, they noticed Westfall was moving around in his truck and proceeded to the vehicle in attempt to remove him. Westfall told officer he wasn’t going back to jail, locked the doors and said he had a gun, court documents said.

Officers backed away and returned to their vehicles.

They continued to talk with Westfall in hopes he would remove himself from the truck. Westfall refused orders and said he wanted to shoot himself before firing a round out the driver side window of the truck.

The sheriff’s SWAT Team was then called to the scene along with additional officers.

Westfall put the gun under his chin several times before eventually throwing it outside of his window, court documents said.

He was then taken into custody around 1:53p.m.

Officers confiscated the weapon, which was later identified as a Savage Arms shotgun, model 567.

According to court documents, Westfall “knowingly possesses a firearm, namely, a weapon made from a shotgun having an overall length of less than 26 inches or a barrel length of less than 18 inches, which is not registered to him in the National Firearms Registration and Transfer Record.”

Allen County prosecutors charged Westfall in the same incident with felony counts of unlawful carrying of a handgun and criminal recklessness committed with a deadly weapon.

He is being held in Allen County Jail.

Westfall faces up to 10 years in prison or a $10,000 fine if convicted, or a combination of prison time and a fine.