North Dakota Man Sentenced to Federal Prison for 15 Years for Illegally Possessing a Firearm and Tampering with a Witness

Source: Office of United States Attorneys

RAPID CITY – United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Bismarck, North Dakota, man convicted of Possession of a Firearm by a Prohibited Person and Tampering with a Witness. The sentencing took place on January 24, 2025.

Henry Damon Smith, Jr., 41, was sentenced to 15 years in federal prison, followed by five years of supervised release on the firearm charge, and three years in federal prison, followed by three years of supervised release on the tampering charge. The sentences were ordered to run concurrently. Smith was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Smith was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in December 2023. He pleaded guilty on November 4, 2024.

The case stemmed from a Rapid City Police Department officer finding Smith with a firearm in Rapid City. Smith is federally prohibited from owning and possessing firearms because he has previous felony convictions, including crimes of domestic violence and assault on law enforcement. After being arrested, Smith attempted to avoid the charges by convincing a witness to claim responsibility for the firearm.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Smith was immediately remanded to the custody of the U.S. Marshals Service.