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Press Release

Fairfax Man Sentenced to Prison for Possessing Firearms as a Felon

For Immediate Release
U.S. Attorney's Office, Northern District of Iowa

A man who possessed six firearms after having been convicted of a felony offense was sentenced Tuesday, October 20, 2015, to two years in federal prison.

Dustin Kirkpatrick, age 35, from Fairfax, Iowa, received the prison term after an April 24, 2015, guilty plea to being a felon in possession of firearms.

In a plea agreement, Kirkpatrick admitted that he was convicted in 2010 of the felony offense of Interference With Official Acts Involving a Dangerous Weapon.  At sentencing, evidence was presented that this conviction arose when Linn County Deputy Sheriffs attempted to take him into custody for purposes of a mental health commitment.  When the deputies told Kirkpatrick what they were doing, he pulled a 9mm handgun from his pocket.  Deputies were able to wrestle Kirkpatrick to the ground and disarm him without anyone being shot.

In the plea agreement, Kirkpatrick further admitted that on June 30, 2014, his father turned in to the Linn County Sheriff’s Office three handguns and three shotguns he possessed.  Later that same day, Kirkpatrick’s father called the Linn County Sheriff’s Office to report that his son had threatened a neighbor with a knife and when he (father) had intervened, Kirkpatrick then turned on him.  Linn County Sheriff deputies responded to the Kirkpatrick’s house with a tactical team and found him locked in a bedroom.  Kirkpatrick refused orders to open the door and surrender, so deputies forced the door open.  Kirkpatrick faced the deputies with a long-bladed knife in one hand and a hatchet in the other with arms raised above his head. He refused to drop the weapons in response to orders to do so.  Deputies were able to take Kirkpatrick into custody only after using a Taser on him.

At the sentencing hearing, Kirkpatrick moved for a reduced sentence, citing his mental health history of schizophrenia and depression.  Kirkpatrick argued that he was suffering from delusions at the time he confronted the deputies, and further incarceration would not help him.  The Court denied Kirkpatrick’s request, concluding that he posed a serious danger to the community because he was non-compliant in taking his medications, personally did not believe his mental health diagnosis, and had a history of violence and firearms.

Kirkpatrick was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Kirkpatrick was sentenced to 24 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Kirkpatrick is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Linn County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information is available at  The case file number is 14-CR-0084-LRR.

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Updated October 22, 2015

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