Category: US Bureau of Alcohol Tobacco Firearms and Explosives

Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

NEWPORT NEWS, Va. — A Newport News man was sentenced today to 10 years and one day in prison for shooting another man in broad daylight while robbing his victim of approximately 6.5 ounces of marijuana.

According to court documents, Brycen Scott Beal, 19, arranged a meeting to purchase a small amount of marijuana from D.M. When D.M. arrived at the agreed location in the residential parking lot of the Patriots Crossing Apartment Complex in Newport News, at midday on Feb. 21, 2023, Beal did not purchase any marijuana. Instead, Beal reached into the vehicle D.M. was driving and grabbed a backpack containing approximately 6.5 ounces of marijuana. As Beal ran off, he fired three gunshots at D.M. using a Glock 23 .40 caliber semiautomatic handgun. Two of Beal’s shots penetrated the windshield and one hit D.M. in the leg, seriously injuring him.

D.M. drove off and reported the incident. Medical services were deployed to aid D.M., and the Newport News Police (NNPD) reported to the scene. Through the course of the investigation, NNPD confirmed Beal was the shooter with security camera footage of the apartment complex that captured the incident, as well as forensically matching the firearm seized from Beal’s residence, pursuant to a lawful search warrant, with the three shell casings recovered from the scene.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Washington Field Division; and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by Senior U.S. District Judge Raymond A. Jackson.

Assistant U.S. Attorney Peter G. Osyf and Special Assistant U.S. Attorney Alyssa Levey-Weinstein prosecuted the case.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

RAPID CITY, S.D. — U.S. Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City man convicted of conspiracy to distribute methamphetamine and prohibited person in possession of a firearm and ammunition. The sentencing took place Feb. 7.

Sam Boyd, 35, was sentenced to 23 1/3 years in federal prison, followed by 5 years of supervised release, a $1,000 fine, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund.

Boyd was indicted for conspiracy to distribute methamphetamine and prohibited person in possession of a firearm and ammunition by a federal grand jury in February 2022. He was convicted at a federal jury trial in November 2023.

In the fall of 2020, Boyd began obtaining methamphetamine from a co-conspirator in Colorado Springs, Colorado. The methamphetamine was both mailed or transported to western South Dakota on multiple occasions by Boyd and his co-conspirators. Boyd then distributed the methamphetamine to others for use and to further distribute. Throughout the conspiracy, Boyd routinely possessed multiple firearms and ammunition, despite being prohibited from doing so due to a prior felony conviction.

This case was investigated by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Unified Narcotics Enforcement Team, which is a local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard.

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

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

BOSTON — A Boston-area man pleaded guilty today to his role in Cameron Street, a violent Boston gang.

Daronde Bethea, a/k/a “Freeze,”, 32, of Boston and Brockton, pleaded guilty today to conspiracy to participate in a racketeering enterprise, more commonly known as RICO conspiracy; conspiracy to interfere with commerce by force or violence; and being a felon in possession of a firearm and ammunition. U.S. Senior District Court Judge William G. Young scheduled sentencing for May 16, 2024. Bethea was indicted by a federal grand jury in December 2022. 

Bethea was identified as a member of Cameron Street, a violent gang based largely in the Dorchester section of Boston. According to court documents, Cameron Street members use violence, including murder and attempted murder, to preserve, protect and expand its territory. They allegedly use social media to promote Cameron Street, celebrate murders and other violent crimes, and denigrate rival gangs. They allegedly possess; carry and use firearms; distribute controlled substances; commit armed robberies; and engage in human trafficking in part to generate income.

As part of his role in the Cameron Street enterprise, Bethea committed an attempted murder with a firearm of a rival gang member in Dorchester in June 2018. As the victim got into his car, Bethea shot the victim multiple times causing the victim to have a collapsed lung. In addition, Bethea was involved in two violent home invasion robberies, in November 2017 in Dorchester, and July 2018 in Canton. During a chase from the Canton home, Bethea was captured on a police cruiser camera possessing a loaded handgun that was later recovered.

The charge of RICO conspiracy and conspiracy to interfere with commerce by force or violence each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. sentencing guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Charles Dell’Anno of the Criminal Division are prosecuting the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging document are allegations. The remaining defendants named in the indictment are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

ASHLAND, Ky. — A Hamtramck, Michigan., man, Corey J. Benton, 34, was sentenced on Monday, by U.S. District Judge David Bunning, to 138 months in prison, for possession with intent to distribute a controlled substance and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, beginning in October 2022, the Kentucky State Police opened an investigation into the drug trafficking activities of Benton. Their investigation revealed that Benton had sold illicit drugs containing fentanyl and fluorofentanyl, a fentanyl analogue, in Carter County. Ultimately, during the execution of a search warrant at Benton’s residence, law enforcement seized a distribution quantity of fentanyl, as well as a .45 caliber Sig Sauer firearm.  Benton admitted that he possessed this firearm in furtherance of his drug trafficking activity.

Under federal law, Benton must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for four years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, Alcohol, Tobacco, Firearms and Explosives (ATF), Task Force, Louisville Field Division; and Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police (KSP), jointly announced the sentence.

The investigation was conducted by ATF and KSP.  Assistant U.S. Attorney Cynthia Rieker is prosecuting the case on behalf of the United States.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

OCALA, Fla. — United States Attorney Roger B. Handberg announces the arrest of Frank Thomas Diviak ,23, of Altoona, Florida, on an indictment charging him with possession of a firearm by a convicted felon, possession of stolen firearm, and stealing a firearm from a federal firearms licensee. If convicted, Diviak faces up to 15 years in federal prison for possessing a firearm as a convicted felon and up to 10 years in prison each for possessing the stolen firearm and stealing firearms from a federal firearms licensee. A federal grand jury returned the indictment on Dec. 20, 2023. 

According to court records, Diviak was previously convicted of three state felonies, including aggravated assault with a deadly weapon and fleeing or attempting to elude law enforcement. On Dec. 4, 2023, Diviak went into a Lake County pawn shop, took a revolver off a display, and put it in his pocket. He fled the store on his bicycle but was quickly apprehended by law enforcement. As Diviak raised his hands to surrender to the officers, the stolen revolver fell out of his clothing and onto the ground. As a convicted felon, Diviak is prohibited from possessing firearms and ammunition under federal law.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eustis Police Department. It will be prosecuted by Assistant United States Attorney Hannah Nowalk.

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.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

JACKSONVILLE, Fla. — U.S. District Judge Timothy J. Corrigan today sentenced Paul Bryan McCorkle ,55, of Interlachen, Florida, to 27 months in federal prison for being a felon in possession of an explosive. The court also ordered McCorkle to forfeit an improvised explosive device. McCorkle entered a guilty plea on Oct. 25, 2023.

According to court documents, McCorkle had been convicted of online enticement of a child in 2003 and was required to register as a sex offender. In 2007, and again in 2013, McCorkle failed to update his sex offender registration as required and was convicted of these felony offenses. As a convicted felon, McCorkle was prohibited from possessing explosives.

On Feb. 22, 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) responded to a mobile home fire in Putnam County. Once there, several witnesses reported that McCorkle had been manufacturing homemade explosives in the mobile home. McCorkle, who was at the scene, informed officers that he had at least two “M80”-type devices in a drawer in his room in the mobile home, as well as components to make the devices. McCorkle voluntarily surrendered to ATF a similar device he was storing at a separate residence. Examination of the device revealed it was approximately 15 inches long and contained more than half a pound of Pyrodex powder, which is an explosive under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Bureau of Fire Arson and Explosives Investigation, and the Putnam County Fire Rescue Department. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

FORT MYERS, Fla. — United States Attorney Roger B. Handberg announces the return of an indictment charging James Michael O’Brien ,48, of North Port, Florida, with theft of a firearm from a firearms dealer and possession of a stolen firearm. If convicted, O’Brien faces a maximum penalty of 10 years in federal prison on each count.

According to the indictment, on Jan. 17, 2024, O’Brien stole a firearm from J&J One Stop Gun Shop in Port Charlotte, Florida, a federal firearms licensee.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Mark Morgan.

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 out 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 first place, setting focused and strategic enforcement priorities, and measuring the results. 

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

OCALA, Fla. — United States Attorney Roger B. Handberg announces the arrest of William Scott Fogg ,37, of Altoona, Florida, on an indictment charging him with possession of a firearm by a convicted felon. If convicted, Fogg faces up to 15 years in federal prison. A federal grand jury indicted Fogg on Dec. 20, 2023. 

According to court records, Fogg has been convicted of eight felonies since 2008, including burglary, grand theft, and illegal drug possession. On Aug. 28, 2023, Fogg approached his girlfriend, who was seated in a truck with her minor children. Fogg entered the vehicle, took a pistol out of the center console, pulled back the slide, and threatened to shoot all of them. Responding deputies subsequently took Fogg into custody and recovered the loaded firearm. As a convicted felon, Fogg is prohibited from possessing firearms and ammunition under federal law.  

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lake County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Hannah Nowalk.

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.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

TAMPA, Fla. — U.S. Attorney Roger B. Handberg announces the return of an indictment charging Brandale Swails, 29, of Tampa, with Hobbs Act robbery and use of a firearm during and in relation to a crime of violence. If convicted on both counts, Swails faces a minimum mandatory sentence of seven years in federal prison.

According to court documents, on Oct. 15, 2023, Swails arrived at a Tampa gas station on a bicycle, entered the business, pointed a gun at the clerk and demanded money. The clerk immediately hid behind the counter, and Swails jumped over the counter. Swails stated he would shoot the victim if he did not open the register and demanded one-hundred-dollar bills. Swails continued to hold the victim at gunpoint while directing the victim into a bathroom. Swails then exited the business with an undisclosed amount of cash and fled on a bicycle. Swails was arrested two weeks later, hiding inside a bedroom closet.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Hillsborough County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It will be prosecuted by Assistant U.S. Attorney Diego F. Novaes.

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 of Justice 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.

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Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

ORLANDO, Fla. — U.S. District Judge Carlos E. Mendoza has sentenced Antione Oshea Ladson, 29, of Orlando, to 10 years and six months in federal prison for drug trafficking and possessing a firearm and ammunition as a convicted felon. Ladson pleaded guilty on July 11, 2023.

According to court documents, on Aug. 27, 2022, Ladson checked into a hotel in Orlando. While walking through an outdoor breezeway, Ladson encountered another man walking past him. After a brief verbal confrontation with the man, Ladson lifted his modified pistol and shot the man in the neck using a caliber of ammunition similar to that commonly found in military assault rifles (shell casing pictured below). The man survived the shooting.

On Nov. 16, 2022, Ladson was apprehended by law enforcement at a convenience store in Orlando. Beneath a grocery shelf that Ladson was seen lifting, officers found a fanny pack containing Ladson’s wallet and Social Security card, two digital scales used for weighing narcotics, a pistol magazine and plastic baggies containing cocaine and marijuana. Underneath Ladson’s fanny pack was a Glock 23 pistol loaded with 14 rounds of 9mm ammunition. At the time, Ladson had multiple prior felony convictions and is prohibited from possessing both firearms and ammunition under federal law. Ladson was arrested on state charges and subsequently released on bond.

On Dec. 27, 2022, members of the Orange County Sheriff’s Office Gang Enforcement Unit observed Ladson driving near Orange Blossom Trail and initiated a traffic stop. A search of Ladson’s car revealed an XD9 firearm with 19 rounds of live ammunition, an additional 12-round magazine fully loaded with 9mm rounds, a drum-style magazine (pictured below), 4.8 grams of crack cocaine and 61.4 grams of marijuana. Photographs of the firearm and drum magazine below:

Court documents further showed that Ladson frequently livestreamed himself driving around the Orlando area while fully armed, often with modified weapons (video stills below):

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Orange County Sheriff’s Office and the Orange County Sheriff’s Office Gang Enforcement Unit. It was prosecuted by Assistant U.S. Attorney David Pardo.

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 of Justice 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.