Kevin Falcon Pleads Guilty in U.S. Federal Cour
The United States Attorney's Office announced that during a federal court session in Great Falls on February 9, 2010, before U.S. Magistrate Judge Keith Strong, KEVIN FALCON, a 43-year-old resident of Poplar, pled guilty to being a felon-in-possession of a firearm. Sentencing is set for May 17, 2010. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Rebekah J. French, the government stated it would have proved at trial the following:
At approximately 10:30 a.m. on October 18, 2008, a resident of Poplar called the police and reported that FALCON had stolen his 2006 silver Ford extended-cab truck, containing three rifles. Earlier that morning, Fort Peck Tribal Police officers saw someone waiving a rifle on Anaconda Street in Wolf Point. They reported the incident to the Wolf Point Police Department and a patrol officer made contact with two males - FALCON and another man, who were standing near a 2006 Ford 4-door truck. When asked about the rifles, the other man stated that FALCON was offering to sell him the rifles. FALCON claimed the rifles belonged to him and were empty. An officer checked the rifles, which were both loaded. The officer seized the rifles but told FALCON he would return them when FALCON was sober. The officer later learned that FALCON had sold one rifle to the man who had been with him on the morning of October 18th. When the officer confirmed that all three rifles had been reported stolen, he retrieved the third rifle from the man to whom FALCON had sold the rifle.
On December 5, 2008, a Roosevelt County Deputy Sheriff questioned FALCON. FALCON admitted that he borrowed a friend's silver Ford pickup to give another friend a ride to his house in Poplar. After dropping his friend off, FALCON drove the pickup to Wolf Point, where he stopped to show another man two rifles that he had seen in the back of the pickup. FALCON remembers an officer confiscating the two rifles, but did not remember how he and the pickup got to Billings, where he was arrested on October 22, 2008.
FALCON had previously been convicted of two Class C felonies in Washington State, which therefore prohibited him from possession of firearms.
FALCON faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Peck Tribes Criminal Investigation Division, and the Billings Police Department.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.