Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)
CHARLOTTE, N.C. – Phalen Devon Izard, 42, of Hickory, N.C., was sentenced today to 70 months in prison followed by three years of supervised release on drug and gun offenses, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Bennie Mims, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Reed Baer of the Hickory Police Department (HPD), join U.S. Attorney King in making today’s announcement.
According to court documents and the sentencing hearing, in July 2022, HPD was investigating Izard for suspected drug trafficking activities. During the investigation, HPD utilized a confidential informant on two occasions to buy cocaine base from Izard. Court documents show that, on April 11, 2023, HPD officers were patrolling near an apartment complex in Hickory, where they observed Izard walk into an apartment. A short time later, Izard walked back outside and fired a gunshot into the air. Officers immediately detained Izard. The HPD officers also recovered a 9mm pistol loaded with a magazine containing thirteen rounds of ammunition and a spent shell casing from the front porch.
According to filed court documents, on October 22, 2023, a shooting occurred at the Gateway Pub in Hickory. During the investigation of the shooting incident, law enforcement obtained security camera footage that captured a fight break out between a large crowd. Izard, who was present in the crowd, was captured on video using a small black handgun to fire multiple rounds into the air. Izard was arrested the next day in connection with the incident. According to court records, HPD officers executed a search warrant at an apartment where Izard had been staying. Officers seized several firearms from the apartment including a 9mm semi-automatic pistol loaded with eight rounds of ammunition; a stolen 10mm semi-automatic pistol loaded with nine rounds of ammunition; a 12- gauge shotgun and 22 12-gauge rounds; and a stolen 9mm semi-automatic pistol fitted with an extended magazine loaded with multiple rounds of ammunition. Izard has prior criminal convictions, and he is prohibited from possessing firearms or ammunition.
On May 15, 2024, Izard pleaded guilty to two counts of possession of cocaine base and two counts of possession of a firearm by a convicted felon. Izard remains in federal custody until he is transferred to the custody of the Federal Bureau of Prisons.
In making today’s announcement, U.S. Attorney King thanked the ATF and HPD for their investigation of the case.
Assistant U.S. Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte prosecuted the case.
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.