Brian D. Foos Pleads Guilty in U.S. Federal Cour
The United States Attorney's Office announced that during a federal court session in Billings on June 11, 2010, before Chief U.S. District Judge Richard F. Cebull, BRIAN D. FOOS, age 28, pled guilty to possession of firearm not registered in the National Firearms Registration and Transfer Record. Sentencing has been set for September 8, 2010. He is currently detained.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:
On August 21, 2009, law enforcement officers received a tip from the resident of an apartment that an individual, who was a suspect in an active shooting investigation, was staying at her apartment on Lake Elmo Drive in Billings. Officers from several agencies responded and began surveillance and then made entry. Three people were located in one room, including the shooting suspect and FOOS.
Officers discovered a sawed-off shotgun in plain view, within two to five feet from the occupants in the room. FOOS claimed the shotgun as his and stated that he had it for protection, because he lived on the streets. The shotgun was loaded with a round in the chamber. It was a Winchester 12 gauge, with an obscured model number. The overall length was measured at 18.5" and the barrel as 11.75".
FOOS stated that a backpack located in the room was also his. In it, officers found 14 rounds of 12 gauge ammunition. The officers transported FOOS to another location where he provided a statement. FOOS stated he has fired the weapon on several occasions, including times where he used it to protect himself or his friends.
An ATF agent conducted a search of the National Firearms Registration and Transfer Record and did not locate any registration for this NFA firearm nor any weapons registered to FOOS.
FOOS faces possible penalties of 10 years in prison, a $250,000 fine and at least 3 years supervised release.
The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings Police Department, the Federal Bureau of Investigation, and the U.S. Marshals Violent Offender Task Force.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.