Cleveland man convicted of domestic violence indicted in federal court for having a firearm

A Cleveland man previously convicted of domestic violence was indicted in federal court for having a firearm, U.S. Attorney Justin E. Herdman said.

Elijah Harder, 23, was indicted on one count of being a prohibited person in possession of a firearm.

Harder possessed a Derringer Corp. GE, Model CB9, pistol on May 8 after having been convicted in 2015 in Cleveland Municipal Court of domestic violence.

“People convicted of domestic violence are prohibited by law from having a firearm,” Herdman said. “We know those who have hit a loved one are more likely to use a firearm against that person or against law enforcement. We will continue to work with local police and prosecutors are get guns out of the hands of domestic abusers.”

Assistant U.S. Attorney Kathryn G. Andrachik is prosecuting the case following an investigation by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.