Month: April 2022

Source: United States Department of Justice News

PORTLAND, Ore.—On April 27, 2022, a federal jury in Portland found a Clackamas, Oregon man guilty for robbing a local public house at gunpoint and making off with five cartons of cigarettes.

Dustin Lee Henderson, 40, was found guilty of interfering with commerce with threats or violence; possessing a firearm in furtherance of, and using and carrying a firearm during and in relation to, a crime of violence; and illegally possessing a firearm as a convicted felon.

According to court documents, on November 22, 2019, Henderson robbed the Lighthouse Pub, a public house and deli located on 82^nd Avenue in Clackamas. In video surveillance of the robbery, Henderson was seen handing the pub clerk a bag and taking five cartons of cigarettes. The pub’s owner chased Henderson through a parking lot when Henderson discharged a single round from his firearm, prompting the owner to stop the chase. Law enforcement later recovered a .22 caliber cartridge case near the site of the shooting.

Law enforcement later observed Henderson in a nearby mobile home lot and arrested him. Investigators executed a state search warrant on a mobile home where Henderson resided and recovered the stolen cigarette cartons, clothes worn by Henderson during the robbery, and a .22 pistol. A DNA analysis later linked Henderson to the seized firearm.

On January 22, 2020, a federal grand jury in Portland returned a three-count indictment charging Henderson with interfering with commerce with threats or violence, possessing a firearm in furtherance of a crime of violence, and illegally possessing a firearm as a convicted felon.

Henderson faces a maximum sentence of life in prison with a 10-year mandatory minimum sentence, a $250,000 fine and five years of supervised release.

U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with assistance from Oregon State Police and the Clackamas County Sheriff’s Office. Assistant U.S. Attorneys Cassady Adams, Craig Gabriel, and Suzanne Miles prosecuted the case.

This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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 work together to identify the most pressing violent crime problems in the community and develop 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.

Source: United States Department of Justice News

TYLER, Texas – A Baton Rouge man has been convicted of federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.

Marland Henry Gibson, 52, was convicted of being a felon in possession of a firearm following a two-day trial before U.S. District Judge J. Campbell Barker. 

According to information presented in court, on March 20, 2021, Gibson was stopped for speeding on Interstate-20 in Gregg County.  During the traffic stop, it was determined Gibson had an outstanding warrant for failing to appear in Marion County, Indiana on a charge of unlawful possession of a firearm by a serious violent felon.  Gibson was arrested on the warrant and a subsequent search of the vehicle revealed not only a handgun hidden in a compartment behind the vehicle’s dashboard, but a suitcase in the rear of the vehicle containing the following items:

• a 144 Tactical LLC, model PS 15, 300 Blackout, multi caliber, handgun with magazine;
• six (6) .45 caliber cartridges;
• thirty (30) assorted .223/300 caliber cartridges;
• two (2) extended P-mag magazines containing ammunition;
• twenty-seven (27) .300 caliber cartridges;
• forty (40) .223/300 caliber cartridges;
• a Springfield XD magazine containing ammunition;
• six (6) .45 caliber cartridges;
• a box containing forty-seven (47) .45 caliber, Federal brand, cartridges; and
• a box containing forty-six (46) .45 caliber, Winchester brand, cartridges.

Further investigation revealed Gibson is a convicted felon and prohibited by federal law from owning or possessing firearms or ammunition.

Gibson was indicted by a federal grand jury on June 17, 2021.  He faces up to 10 years in federal prison.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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 work together to identify the most pressing violent crime problems in the community and develop 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.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Texas Department of Public Safety and the Gregg County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.

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Source: United States Department of Justice News

Leonard C Boyle, United States Attorney for the District of Connecticut, David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Manchester Police Chief William Darby today announced that a federal grand jury in Bridgeport has returned an indictment charging ELLIOTT OTERO, 32, of Manchester, with unlawful possession of a firearm by a felon.

The indictment was returned under seal on April 20, 2022.  Otero appeared yesterday before U.S. Magistrate Judge Robert A. Richardson in Hartford and entered a plea of not guilty.  He has been detained since his arrest on related state charges on February 25, 2022.

As alleged in the indictment, on February 25, 2022, Otero possessed a loaded Smith & Wesson M&P 380 Shield pistol.

It is further alleged that Otero’s criminal history includes state felony convictions for firearm, robbery and larceny offenses.  It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

If convicted of the charge, Otero faces a maximum term of imprisonment of 10 years.

U.S. Attorney Boyle stressed that an indictment is not evidence of guilt.  Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by Federal Bureau of Investigation Connecticut Violent Crime Task Force and the Manchester Police Department.  The case is being prosecuted by Assistant U.S. Attorney Katherine E. Boyles.

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 work together to identify the most pressing violent crime problems in the community and develop 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.

Source: United States Department of Justice News

LAREDO, Texas – A 26-year-old Honduran man has pleaded guilty to transporting undocumented aliens resulting in a death, announced U.S. Attorney Jennifer B. Lowery.

Darwuin Sai Kabrera-Garsia pleaded guilty to smuggling three non-U.S. citizens resulting in the death of one.

On Nov. 9, 2021, Kabrera-Garsia acted as a brush guide to smuggle three non-U.S. citizens from Mexico into the United States. Kabrera-Garsia and the group crossed Texas Highway 83. At that time, an oncoming SUV struck an individual of the group. She died at the scene.

U.S. District Judge Diana Saldana will impose sentencing at a future date. If convicted, Kabrera-Garsia faces up to life in federal prison and a possible $250,000 maximum fine.

Kabrera-Garsia has been and will remain in custody pending that hearing.

Homeland Security Investigations conducted the investigation with the assistance of Border Patrol and the Laredo Police Department. Assistant U.S. Attorneys Matthew Isaac and Anthony G. Brown are prosecuting the case.

Source: United States Department of Justice News

Jacksonville, Florida – United States Attorney Roger B. Handberg announced that Michael Paul Gillis (64, Jacksonville) has pleaded guilty to possessing computer media containing images and videos depicting the sexual abuse of young children. He faces up to 20 years in federal prison and a potential lifetime term of supervised release. Gillis was arrested by FBI agents on February 2, 2022, and has been detained since that time. His sentencing hearing has not yet been scheduled.

According to court documents and information provided in open court, FBI agents were investigating individuals who were using a particular online file-sharing network to receive and share child pornography. The investigation revealed that Gillis, a retired public-school teacher, had accessed this network from his residence.    

On February 2, 2022, FBI agents executed a search warrant at Gillis’s home. Gillis, who was home at the time, admitted that he had been accessing child sexual abuse materials using the internet for at least the past 15 years, that he had viewed materials depicting children as young as 3 years old, and that he currently had “a couple hundred” contraband videos on his computer. Gillis also admitted that he viewed child sexual abuse materials while working as a teacher and would fantasize about touching children inappropriately but claimed that he never acted on it. During the execution of the search warrant, FBI personnel seized several computers belonging to Gillis that contained at least 2,000 images and 210 videos depicting infants, toddlers, and other young children being sexually abused.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown. The forfeiture of assets is being handled by Assistant United States Attorney Mai Tran.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.