Boone County Man Sentenced to Prison for Federal Gun Crime

CHARLESTON, W.Va. – Troy Wilson Wheatley, 42, of Boone County, was sentenced today to five years and eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on August 30, 2021, law enforcement officers responded to reports of a shooting at Wheatley’s residence near Chapmanville. Officers encountered Wheatley and seized a Ruger, model Security-9, 9mm pistol and a Smith & Wesson, .22-caliber pistol. One firearm was in a holster on Wheatley’s hip and the other was in his back pocket. Wheatley admitted to possessing the firearms and further admitted to the officers that he had discharged a firearm when his nephew drove past the residence that morning.

On December 2, 2021, Wheatley was a passenger in a vehicle pulled over by a law enforcement officer in the Big Creek area of Logan County. Wheatley was wearing an empty pistol holster on his belt, and told the officer there was a firearm under the seat. The officer found a Beretta model 950 .25-caliber pistol under Wheatley’s seat. The officer obtained a search warrant for Wheatley’s residence that day and seized a SCCY model CPX-2 9mm pistol between Wheatley’s mattress.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Wheatley was prohibited from possessing a firearm because of his prior felony conviction for delivery of a controlled substance in Nicholas County Circuit Court on February 3, 2006.

Wheatley’s long criminal history includes prior convictions for such other offenses as obstructing an officer, disrupting public service, petit larceny, possession of methamphetamine, possession of stolen property, threatening communications by electronic device, being a person prohibited from possessing firearms, and more than 10 separate counts of driving on a suspended/revoked license.

The Court granted an upward variance from Wheatley’s original sentencing range, citing several factors including his decades-long pattern of criminal conduct.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Boone County Sheriff’s Department, and the West Virginia State Police.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Nowles Heinrich and Lesley Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-225.

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