Civilian Living on Fort Carson Arrested for Robbery and Use of a Dangerous Weapon in the Commission of a Crime in Which the Firearm was Discharged
|U.S. Attorney’s Office November 17, 2010|
DENVER—A Fort Carson civilian resident, Joshua Bodean Smith, age 20, was arrested late yesterday by Army Criminal Investigation Command agents for robbery and firearms charges. Smith was arrested at a home on the military base. An active duty service member is also being held in custody by military authorities on related charges. Smith is expected to be brought to U.S. District Court in Denver today, where he will be advised of the charges pending against him, and the penalties for those charges.
Count one of the Criminal Complaint charges Smith with the October 11, 2010 robbery of a Burger King restaurant, located at 1520 Specker Avenue, Fort Carson, Colorado, which business affects interstate commerce. Count two of the Complaint charges the defendant with knowingly using, carrying, and discharging a firearm during the Burger King robbery, which was a crime of violence.
According to the affidavit in support of the Complaint, on October 11, 2010, Smith entered the Burger King and violently assaulted an employee by shooting him in the right leg. The defendant stole cash and left the business. The affidavit further states that on August 31, 2010, Smith entered a Cricket Store located at 1638 South Nevada Avenue in Colorado Springs, Colorado, and violently assaulted an employee by shooting him in the shoulder. Smith took cash and left the business. Smith has not yet been charged in connection with this crime. The investigation into Smith’s criminal activities is ongoing.
If convicted of count one, interference with commerce by robbery, Smith faces not more than 20 years in federal prison, and up to a $250,000 fine. If convicted of count two, use and carry of a dangerous weapon during the commission of a violent crime, in which the firearm was discharged, the defendant faces not less than 10 years and up to life imprisonment, mandatory consecutive to any other sentence, as well as up to a $250,000 fine.
“We at Fort Carson are very grateful for the excellent work of our local law enforcement agencies who worked in cooperation to bring this suspect into custody,” said Col. Robert McLaughlin, Fort Carson Garrison Commander. Our community can rest assured that we will take all measures to keep our brave men and women who sacrifice every day safe on our installation.”
Colorado Springs Police Department Deputy Chief Rod Walker said, “The investigation and subsequent arrest are a testament to the cooperative efforts between the Colorado Springs Police Department, federal law enforcement, and our military counterparts. These cooperative efforts help keep our citizens safe as we continue to proactively reduce crime in our community.”
This case was investigated by the FBI, the U.S. Army Criminal Investigative Division, and the Colorado Springs Police Department.
The defendant is being prosecuted by Assistant U.S. Attorney Kurt Bohn.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a federal felony violation of law has a Constitutional right to be indicted by a federal grand jury.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.