Urbana, Ill. -A federal grand jury has returned an indictment charging a Kankakee County man, Dwain Gaines, 35, of Momence, Ill., with possession of crack cocaine with the intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; and, possession of a firearm by a felon. The indictment, returned late yesterday, alleges that Gaines possessed the drugs and a .38 caliber revolver on May 5, 2011. According to the indictment, Gaines has a prior felony conviction in the state of Illinois.

Gaines was arrested on May 6, 2011, and charged in a criminal complaint. He appeared before U.S. Magistrate Judge David G. Bernthal on May 6 and was ordered to remain detained in the custody of the U.S. Marshals Service.

If convicted, Gaines faces a mandatory minimum penalty of 10 years to life in prison for possession of more than 28 grams of crack cocaine; a minimum of five years to life in prison to be served consecutive to any sentence imposed for the underlying drug offense; and up to 10 years in prison for possession of a firearm by a felon.

The indictment resulted from a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kankakee Area PSN Task force, and the Kankakee Area Major Crimes Task Force as part of the Project Safe Neighborhoods initiative. The case is being prosecuted by Assistant U.S. Attorney Eugene L. Miller.

Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.