Jury Convicts Independence Man of Illegal Firearm

KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that an Independence, Mo., man has been convicted at trial of illegally possessing a firearm.

Daniel Portillo, 46, of Independence, was found guilty on Monday, Jan. 8, 2018, of being a felon in possession of a firearm.

Portillo was in possession of a Jimenez Arms .380-caliber semi-automatic pistol on July 12, 2017. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Portillo has a prior federal felony conviction for being a felon in possession of a firearm and a prior state felony conviction for assault.

Portillo was driving at a high rate of speed and failing to signal while merging into traffic when his vehicle was stopped by Kansas City, Mo., police officers on July 12, 2017. Officers arrested Portillo on outstanding warrants for speeding and a suspended driver’s license. While taking him into custody, one of the officers saw the handgun in a holster under the driver’s seat. Officers also found approximately 3.4 grams of methamphetamine and a glass pipe in the vehicle.

Portillo, the only occupant of the vehicle, denied knowledge of the firearm under the front seat. He told investigators that he would have used the gun to engage in a shootout with the police officers had he known it was in the car.

Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about an hour before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a trial that began the same day.

Under federal statutes, Portillo is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorneys David Raskin and Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.