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Justice News

Department of Justice
U.S. Attorney’s Office
District of Massachusetts

Thursday, May 31, 2018

Newton Man Charged with Illegally Possessing Firearms and Ammunition

BOSTON – A Newton man was indicted today by a federal grand jury in Boston with illegally possessing firearms and ammunition.

Juan Francisco David, 45, was indicted on one count of being a felon in possession of firearms and ammunition. David was arrested in April 2018 and charged by criminal complaint. He was released from custody on conditions.

According to court documents, law enforcement officers were investigating the theft of five firearms from a sports club in Weymouth. Upon reviewing security camera footage, the officers were able to identify the individual, Joseph Fee, who had taken all five guns on two separate visits to the club. Fee was located and law enforcement learned that the guns had been given to two other individuals. Law enforcement recovered four of the five stolen firearms from one of the individuals.

The fifth gun, a Smith & Wesson, .38 caliber revolver, had been given to a man known as “Frankie.” When law enforcement contacted “Frankie,” he said he had sold the gun for $200 and would have to contact the person to whom he sold it. Arrangements were made for “Frankie” to return the weapon, but he never showed up. The following day, “Frankie” left the firearm in a McDonald’s bag in a parking lot.

Further investigation revealed that Fee had purchased approximately 10 firearms on behalf of “Frankie,” who was later identified as Juan Francisco David. Fee was arrested and charged in state court with larceny of firearms.

A search of David’s home resulted in the seizure of a 9mm Smith & Wesson pistol, two firearm magazines, one loaded with eight rounds of 9mm ammunition, a Smith & Wesson .380 caliber pistol, loaded with five rounds of ammunition, and other rounds of ammunition of various makes and calibers. In total, 26 pieces of ammunition were seized.

David has multiple felony convictions, including assault with a dangerous weapon and malicious destruction of property, carrying a dangerous weapon, breaking and entering in the nighttime with intent to commit a felony, drug distribution and assault and battery with a dangerous weapon; as a result, he is prohibited from owning firearms and ammunition.

The charge of being a felon in possession of firearms and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Newton Police Chief David MacDonald made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Firearms Offenses
Updated May 31, 2018