Frank Diviak, Gun Theft & Felon Possession, Florida 2024

OCALA, FL – Frank Thomas Diviak, 23, of Altoona, Florida, is facing serious federal charges after a brazen theft and subsequent arrest revealed a pattern of criminal behavior. Diviak allegedly walked into a Lake County pawn shop on December 4, 2023, calmly pocketed a revolver from the display, and attempted to flee on a bicycle. He didn’t get far.

According to court records, law enforcement quickly apprehended Diviak. As he surrendered, the stolen revolver tumbled from his clothing and onto the pavement. This wasn’t just a simple theft; Diviak is a convicted felon, barred by federal law from owning or possessing any firearms or ammunition. The incident triggered a federal investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Eustis Police Department.

A federal grand jury returned an indictment on December 20, 2023, charging Diviak with possession of a firearm by a convicted felon, possession of stolen firearm, and stealing a firearm from a federal firearms licensee. The charges stem from both the pawn shop theft and his prior criminal record. Diviak’s history includes three state felony convictions, including aggravated assault with a deadly weapon and fleeing or attempting to elude law enforcement – a clear indication of disregard for the law.

If convicted on all counts, Diviak could face a lengthy prison sentence. He’s looking at up to 15 years behind bars for possessing a firearm as a convicted felon, and an additional 10 years for each charge of possessing the stolen firearm and stealing from the firearms licensee – a potential total of 35 years in federal prison. This case highlights the ATF’s commitment to cracking down on individuals who illegally obtain and possess firearms.

U.S. Attorney Roger B. Handberg of the Middle District of Florida announced the arrest, emphasizing that an indictment is merely an accusation. Diviak is presumed innocent until proven guilty in a court of law. Assistant United States Attorney Hannah Nowalk is prosecuting the case. This prosecution is part of the Department of Justice’s “Project Safe Neighborhoods” (PSN), a comprehensive program designed to reduce violent crime and gun violence by fostering collaboration between law enforcement and local communities.

PSN, recently revitalized, focuses on building trust, supporting community-based violence prevention programs, and strategically prioritizing enforcement efforts. The DOJ launched a strengthened PSN strategy in May 2021. While the program touts community engagement, the reality on the streets often involves a hard line against repeat offenders like Diviak, sending a message that illegal gun possession won’t be tolerated. The Tampa Field Division of the ATF spearheaded the investigation.

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