United States Attorney Richard B. Roper
Northern District of Texas

FEDERAL JURY CONVICTS CONVICTED FELON
FOR POSSESSING FIREARM

DALLAS – At a trial held before U.S. District Judge Barbara M.G. Lynn, Tommy Smith, IV, age 29, of Lancaster, Texas, was found guilty by a federal jury yesterday of being a convicted felon in possession of a firearm, announced U.S. Attorney Richard B. Roper. Smith is scheduled to be sentenced on May 9, 2008, and he faces up to 10 years imprisonment, without the benefit of parole.

The government presented evidence at trial that on February 20, 2007, Lancaster Police Department received an anonymous tip that a person identified as “T” was dealing drugs out of an apartment in Lancaster. The police decided to investigate the complaint and observed Smith and another person exiting the apartment. The police confronted Smith and Smith identified himself as “T” and he stated that he leased the apartment and lived there. Smith then gave the police permission to search the apartment and inside they found two firearms hidden behind an air vent in the hallway. The police also found a small amount of marijuana in a plastic bag behind another air vent in the bedroom. The police determined that Smith was a convicted felon and that he was prohibited from possessing firearms. Lease records showed that Smith had been leasing the apartment since September 2005, and that he had paid the rent for the month of February 2007, just two weeks before this incident. At trial, Smith called a friend who testified that he was subleasing the apartment from Smith and that Smith was no longer living there. He also testified that the firearms belonged to him and that Smith had nothing to do with the firearms. This witness, however, admitted that although he was aware that his friend had been wrongly arrested and charged for the firearms, he failed to alert the police and proper authorities of this fact. The jury’s verdict reflects that it rejected the testimony of this defense witness.

The case was adopted for federal prosecution by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) through the Project Safe Neighborhood initiative, a federal programs designed for the quick and aggressive prosecution of firearm offenses. U.S. Attorney Roper praised the work of ATF and the Lancaster Police Department. The case was prosecuted by Special Assistant U.S. Attorney John Boyle and Assistant U.S. Attorney Gary Tromblay.

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