Defendants Sentenced To More Than 8 Years In Prison For Assault And Attempted Robbery Of Federal Agent At Gun Point

OAKLAND – Otis Mobley and D’Marce Hutcherson were sentenced today to 114 months and 104 months, respectively, in prison for assaulting and attempting to rob an undercover federal agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in March of 2012, United States Attorney Melinda Haag announced.

Hutcherson pleaded guilty on October 25, 2012, to assaulting a federal officer by pointing a loaded handgun at him. Co-defendant Mobley also pleaded guilty on October 25, 2012, to aiding and abetting Hutcherson and another co-defendant in the assault and attempted robbery of the agent.

“Our law enforcement officers bravely place themselves in harm’s way every day as they protect the citizens of our communities,” said U.S. Attorney Melinda Haag. “This case is a reminder of their selflessness and demonstrates the importance of prosecuting anyone who assaults a member of law enforcement.”

“I am very grateful the agent who was assaulted was not seriously injured,” said Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Joseph M. Riehl. “The significant prison sentences ordered for these defendants should serve as a warning to anyone who contemplates a similar crime: You will be apprehended, prosecuted and held fully accountable for your conduct.”

Mobley, 24, of Richmond, California, and Hutcherson, 20, of Rodeo, California, were charged by Indictment on April 5, 2012 with one count of Conspiracy to Commit Robbery of Mail, Money, or Other Property of the United States, and Assault on a Federal Officer, in violation of Title 18, United States Code, Section 371; one count of Assault on a Federal Officer with a Deadly Weapon, in violation of Title 18, United States Code, Section 111(b); one count of Robbery of Mail, Money, or Other Property of the United States, in violation of Title 18, United States Code, Section 2114(a); and one count of Using, Carrying, Possessing, and Brandishing a Firearm During a Crime of Violence, in violation of Title 18, United States Code, Section 924(c).

The sentences were handed down by U.S. District Court Judge Yvonne Gonzalez Rogers, and also include a five year period of supervised release. The defendants have been in custody since their arrests on March 28, 2012.

The prosecution is the result of an investigation by the ATF and various local police departments.