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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of Ohio

Wednesday, August 28, 2013

Dayton Man Pleads Guilty To Being An Armed Career Criminal

CONTACT: Fred Alverson
Public Affairs Officer

DAYTON, OHIO – Mickey Allen Fugate, Jr, 40, of Dayton, Ohio pleaded guilty in U.S. District Court to one count of interference with commerce by threats or violence (Hobbs Act) and one count of possession of a firearm following three or more violent felony convictions, (Armed Career Criminal Act). If the court accepts the terms of the plea agreement, Fugate will serve at least 20 and up to 30 years in prison.

Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation, and Dayton Police Chief Richard Biehl announced the pleas entered today before U.S. District Judge Walter H. Rice.

According to court documents, Fugate robbed at gunpoint the Kwik-n-Kold convenience store on Wyoming Street in Dayton on November 14, 2009. During the robbery, Fugate shot and wounded one of the employees and fled with less than $500 in cash.

Officers with the FBI Dayton Safe Streets Task Force recovered a 9mm firearm loaded with nine rounds of ammunition, the store’s cash register tray, a tip jar and approximately $168 from a residence to which Fugate fled following the robbery. Fugate was arrested and has been in custody since his arrest.

Fugate’s criminal record includes prior federal convictions for bank robbery, use of firearms in a crime of violence and attempted escape, and two burglary convictions in state court. Under federal law, this qualifies Fugate as an armed career criminal.

The court will conduct a pre-sentence investigation and determine whether or not to accept the terms of the plea agreement.

U.S. Attorney Stewart commended the cooperative investigation by special agents of the FBI and Dayton Police, as well as Assistant U.S. Attorneys Vipal Patel and Mary Beth Young, who are prosecuting the case.

Updated July 23, 2015