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News Release
U.S. Department of Justice
Peter F. Neronha
United States Attorney
District of Rhode Island

May 6,2014

Federal Court Jury Convicts North Providence Resident of

Threatening to Assault and Murder Internal Revenue Service Agents

PROVIDENCE, R.I. – Kenneth M. Delashmutt, 70, of North Providence, R.I., faces up to 10 years in federal prison when he is sentenced in July, having being convicted today by a federal court jury in Providence of threatening to assault and murder two Internal Revenue Service agents, announced United States Attorney Peter F. Neronha and Robert E. O’Malley, Special Agent in Charge, Treasury Inspector General for Tax Administration, New York Field Division.

According to the government’s evidence presented at trial, an IRS agent from the agency’s Warwick, R.I., office had several telephone conversations with Delashmutt in April 2013 in an effort to resolve the defendant’s status as a “non-filer,” someone who had failed to file federal tax returns from at least 2005 through 2010. Delashmutt insisted that he believed he was not subject to the jurisdiction of the IRS.

According to the government’s evidence, on April 11, 2013, an agent interviewed Delashmutt at the IRS Warwick office, the first time the agent met face-to-face with the defendant. A supervisor sat in on the interview because of concerns for the safety of her office. During the meeting, Delashmutt stated that he intended to go to the agents’ homes to take their photographs and he threatened to file lawsuits against both agents after he was prohibited from taking their photographs while in the IRS office.

The next day, based on a report of the incident at the IRS office, agents from the Treasury Inspector General’s office attempted to interview Delashmutt at his North Providence residence. Delashmutt slammed the door closed, refusing to be interviewed.

According to the government’s evidence, on May 2, 2013, the supervising agent at the Warwick office of the IRS received a certified letter from Delashmutt. Included in the letter was a statement from Delashmutt that he did not believe that IRS agents had the authority to act upon anyone, or deprive anyone of liberty or property, and if they were to attempt to act outside their specific authority and make an arrest or take property, they would be committing a felony. He further stated that a citizen has the duty, “to prevent the commission of a felony if he can, by whatever means which may be required, including the use of deadly force.”

According to information presented to the court, at the time of Delashmutt’s arrest in September 2013, agents seized a loaded pistol-grip shotgun located immediately inside of the front door of Delashmutt’s residence.

Delashmutt, who remains free on $3,000 bond, is scheduled to be sentenced by U.S. District Court Judge Mary M. Lisi on July 31, 2014. Delashmutt has been ordered by the court to have no contact with the IRS agents from the Warwick office whom he threatened.

The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.

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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/

 

Contact: 401-709-5357
USARI.Media@usdoj.gov

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