Toby Reid Geaudry Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on October 18, 2012, before Chief U.S. District Judge Richard F. Cebull, TOBY REID GEAUDRY, a 26-year-old resident of Billings, appeared for sentencing. GEAUDRY was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 5 years
GEAUDRY was sentenced in connection with his guilty plea to conspiracy to commit robbery affecting commerce.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
GEAUDRY is a twice-prior convicted felon, having been convicted of felony criminal mischief in 2004 in Cascade County and of burglary in 2009 in Yellowstone County. He came to the attention of ATF undercover agents when he showed up as part of a drug robbery crew in November 2011.
On November 28, 2011, Anthony Roll met the undercover agents at the location and sold them a Remington 870 Wingmaster 12 gauge shotgun. He was accompanied by Richard Meza and GEAUDRY. An undercover agent, UC1, discussed a possible new robbery opportunity with Roll, Meza, and GEAUDRY for a courier with money, not drugs. Roll quickly noted that while no drugs would be there, money would be and that he liked it better because "the risk ain't as bad." Roll reported he had "done the math" on the first deal and thought it could have been 2.2 million dollars. UC1 said this was more like $20,000 and Roll said that $5,000 was more than he had yesterday. Roll said he'd rather "get money than birds (dope) anyway." UC1 asked if Roll was down with the deal, and Roll said "I'm for it, I'm all for it." UC1 looked specifically at GEAUDRY after all the conversation and asked GEAUDRY "are you down" and GEAUDRY said "I'm down for making money anytime, regardless." UC1 specifically looked at Meza and asked Meza if he was down, and Meza replied "ain't no question about that, bro." When asked if they had done anything like this before, Meza and GEAUDRY looked at each other and laughed and then Meza said, "yeah, I'm down." Later, Roll said about his "team", if "I have to question them, they might as well be in the river." UC1 asked if the crew will still just think about the deal, and he'd call. GEAUDRY said "ready for the green light."
On November 29, 2011, Roll met the undercover agents at the location and sold them 2 firearms, a Ruger Blackhawk .357 revolver and a Hi Point.380 pistol. He was accompanied by Meza who also had two additional handguns, one in each pocket. Roll admitted that the group had just beaten a person at an undisclosed location. Meza stated that he "had been putting ************* to sleep, man." UC1 provided Roll and Meza with more details about the possible robbery. UC3 was also present and advised that he had a person from Chicago coming to Billings for the purpose of purchasing 4 kilograms of cocaine. UC3 stated that the individual would have the money for 2 kilograms and be fronted the rest. UC3 thought the person would have between $20,000 and $40,000 in cash. UC3 stated that the person was a large muscle bound person, and Meza asked "is he strapped or what?" inquiring about if he would be carrying a firearm. UC3 said he would be. UC1 asked both if they were ready for it tomorrow, and Roll replied, "hell yeah, I need this." UC1 advised that the money was drug proceeds. Roll and Meza indicated they thought GEAUDRY was out, as he had some medical issue with his chest. The group agreed to meet the following day. Before leaving, UC3 told the two that he didn't care if they killed the courier, to which Meza asked if they had insurance on the undercover location, as they'd just start a fire. Later that night, UC1 called Roll to finalize the meet time. Roll claimed that they were driving around town looking for the truck that the courier was coming in. Roll claimed that it would be easier that way. He asked UC1 if it would just be easier to make the vehicle disappear, implying that the money was probably inside, but Roll finally agreed to wait until the following day.
On November 30, 2011, Roll, Meza, and GEAUDRY met with UC1 at the same location. During that meeting, UC1 confirmed that all three were still planning to do the robbery and received confirmation from each that they were going to participate. Meza already had a bandanna covering his face during the meet. Roll was armed with two pistols, one a Sterling .22 and the other a pink Sig Sauer .22. Meza was armed with Kel Tec 9 mm pistol and a knife. GEAUDRY was armed with a butterfly knife. UC1 said that the courier would know what was up if they were all standing around with masks on, and Meza reported he would be in the other room until Roll would pat down the courier to get his gun. UC1 again asked GEAUDRY if he was cool with the deal, and GEAUDRY replied in the positive. UC1 expressed concern because the day before, Roll and Meza said he wasn't coming. GEAUDRY explained how he was in. UC1 observed Roll holding the two guns in his hand and asked if he was going to have the guns out when the courier got there, and Roll put the guns in the front pocket of his hoodie. Roll said the plan was to abduct the courier, drive him out in the middle of nowhere, take his phone, and thus it would be a long time before he could report anything. Meza mentioned zip ties, and UC1 asked what he had said, but they replied that they had forgotten them. Roll saw there was duct tape on the counter and mentioned they could use that and UC1 said that he could. Roll also said he was going to take the courier's pickup. Roll was wearing a bandanna around his neck and was wearing gloves when he showed up. When UC1 left the room, Roll, Meza and GEAUDRY were arrested by ATF agents. Roll was non-compliant and ATF agents used non-lethal force to subdue him. Meza and GEAUDRY were arrested without incident.
GEAUDRY was interviewed by law enforcement officers and admitted that he knew that the group was going to do a robbery of drug proceeds, but that he wasn't armed because he is a felon and can't have a gun. GEAUDRY said he thought he was going to get paid $500 for his cut.
Roll, Meza, and GEAUDRY conspired to interference with interstate commerce by threats or violence in their plan to rob the drug courier.
Roll and Meza pled to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GEAUDRY will likely serve all of the time imposed by the court. In the federal system, GEAUDRY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.