Jury Convicts Defendant of Being a Felon in Possession of a Firearm
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that in a trial before Chief United States District Court Judge Kristi K. DuBose, a jury convicted Dustin McLellan of violating 18 USC 922(g), felon in possession of a firearm.
Testimony at trial showed that on or about March 22, 2017, at approximately 12:30 p.m., police officers from the Brewton Police Department, Narcotics Division were patrolling the area of Fleming Lane in Brewton, Alabama. While in the area, the police observed a Chevrolet Corvette parked in the wooded area. The vehicle was backed in with the front of the vehicle pointed out toward Fleming Lane. The testimony at trial was that the police know this area is frequently the site of illegal drug activity. After all the area is secluded with very few residences. The presence of the vehicle parked in the area was suspicious to police.
As the police approached the vehicle, they observed a white male passed out in the driver’s seat. The police announced their presence and knocked on the window of the vehicle. At that time, the police observed a plastic bag containing a clear, crystal like substance in the male’s lap that the police believed to be methamphetamine. The police conducted a field test and the substance was confirmed to be methamphetamine. In addition, the police observed a glass pipe on the floorboard of the vehicle near the defendant’s feet. The male was ordered to place both of his hands on the steering wheel, and not to move.
It was then that the police observed a handgun in the center console of the vehicle. It was adjacent to the parking brake. The United States and the defendant stipulated that the defendant was a convicted felon and that the firearm had travelled in or affected interstate commerce.
The Brewton Police Department and the Federal Bureau if the Investigation investigated this case and it was prosecuted by the United States Attorney’s Office.