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Department of Justice United States Attorney Candace G. Hill Contact: Dawn Masden |
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September 28, 2009
INDIANA MAN PLEADS GUILTY TO BEING A FELON IN POSSESSION OF FIREARMS AND AMMUNITION
LOUISVILLE, KY - Tobias M. Jones, age 25, of Jeffersonville, Indiana, pled guilty on September 25, 2009, to violating federal firearms laws, United States Attorney Candace G. Hill and Paul Vido, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Field Division, jointly announced today. Jones entered the plea before United States District Judge Charles R. Simpson, III. Judge Simpson scheduled Jones’s sentencing hearing for December 11, 2009, at 2:30 p.m., in Louisville, Kentucky
Jones pled guilty pursuant to a written Plea Agreement. According to the Plea Agreement, which was filed in open court, and other court records, on November 29, 2006, a Louisville Metro Police Department (LMPD) Detective with seven years’ law enforcement experience, was working in his capacity as a member of the Fourth Division’s flex unit. Approximately 80% of the detective’s work as a member of the flex unit involved drug cases. On that date, he and other officers were working the area of Seventh and Kentucky Streets due to a number of complaints regarding drug trafficking in and around an apartment building in the vicinity.
At approximately 2:30 p.m., the detective observed activity which caused him to become suspicious that drug trafficking was occurring. In an unmarked police car, the detective pulled in front of the car. At the same time, another detective pulled in behind the car. As the detective pulled in front of the vehicle, he could see the look on Tobias Jones’s face – which he described as a “deer in the headlights, scared look on the face like, oh, crap.” At that point, Jones started to quickly get out of the car, and Detective Mattingly thought Jones was going to run. The other occupants in the car did not get out of the car.
When Jones looked like he was going to run, the detective identified himself as the police and told Jones to stop. Jones stopped. The detective noticed a lump on Jones and that he was holding his stomach. Based on those observations, the detective conducted a pat down of Jones. When he patted near Jones’s stomach, the detective found two weapons, one in the waistband – a Smith & Wesson 9mm pistol – and one in pocket of Jones’s hooded sweatshirt – a Rossi .38 caliber revolver. Neither the Smith and Wesson Model 9mm nor the Rossi Model 685 .38 special revolver were manufactured in the Commonwealth of Kentucky. The detective also found a bag of suspected marijuana in Jones’s right front pocket. Police also later found a bag of marijuana in the car.
After Jones was placed under arrest, a query was done on both firearms through the National Crime Information Center (“NCIC”). This query showed the Smith and Wesson Model 915 bearing serial number VAK1773, to be a stolen firearm. A report from the Floyd County (Indiana) Police Department showed the firearm was reported stolen on June 15, 2006, out of New Albany, Indiana.
After being advised of his constitutional rights, Jones told the law enforcement officials that he remembered being convicted of a felony offense in 2004. Jones stated that he knew he was prohibited from possessing firearms, but that he had recently been shot and bought the guns for his protection. Jones further admitted that he had bought both guns for $150. He acknowledged that the guns were probably stolen or had been used in a crime because they were so cheap.
Court documents from Clark Superior Court No. 2 of Clark County, Indiana, confirm Jones’ prior felony conviction.. On October 19, 2004, Jones was convicted of Auto Theft, Resisting Law Enforcement, and Possession of Cocaine in Cause No. 10D02-0311-FA-548. All three offenses are Class D felonies under Indiana law and, thus, punishable by imprisonment for a term exceeding one year.
As a result of his guilty plea, Jones faces maximum potential penalties of 10 years’ imprisonment, a $250,000.00 fine, and supervised release for a period of 3 years. The parties have agreed that a sentence of 46 months’ imprisonment followed by 3 years’ supervised release is the appropriate disposition of the case and will make that recommendation at the time of sentencing.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The Louisville Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives conducted the investigation in partnership with the Louisville Metro Police Department as part of ATF’s ongoing commitment to reduce violent crime and other threats to public safety.
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