Hogsett Reaffirms Federal Priority Against Gun-Related Violent Crime

INDIANAPOLIS—Joseph H. Hogsett, United States Attorney, issued a formal statement today on the unacceptable level of gun-related violence in Marion County. That statement is below. On March 24, 2011, the United States Attorney’s Office released a comprehensive anti-violence initiative that represented a joint commitment by local, state, and federal law enforcement as well as state and local prosecutors to prioritize violent crime and seek its substantial reduction. An essential element of that initiative was a commitment by the United States Attorneys Office to “prosecute more gun crimes than ever before.”

Hogsett reported that, as of July 7, the office had satisfied and continues to exceed that commitment. “With the help of Indianapolis Metropolitan Police Department and Marion County Sheriff’s Department on the local level and with the steadfast commitment of our federal law enforcement partners like the ATF and the FBI, in just four months, we have indicted and prosecuted more gun-related crime than in the entire previous calendar year. In every category of gun-related offenses, federal prosecutors are pursuing alleged violations in record numbers and at a record pace.”

SUMMARY OF FIREARM CHARGES 2011 (As of July 7)

SUMMARY OF FIREARM CHARGES CALENDAR YEAR 2010

“Even this week, the numbers continue to go up. Yesterday alone, we indicted more defendants in a one day period for gun-related crimes than ever before in the history of this Office.” Hogsett and Bob Browning, Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), jointly announced the following indictments by the federal grand jury:

• Daniel Joseph Warren, 30, Indianapolis, was indicted for having a firearm in his residence. Warren is a convicted felon.

In April, 2011, Warren was arrested on a criminal complaint. At that time, IMPD officers served a search warrant at Warren’s south side apartment. They found a loaded 9mm handgun in the master bedroom and a 9mm handgun in an Indianapolis Colts Christmas stocking in a child’s bedroom. Warren has been convicted of two burglaries and theft counts. Mr. Warren is being prosecuted for the government by Assistant United States Attorney (AUSA) Barry Glickman.

• Rosario Valencia-Ambrosio, 23, and Susana Quirino, 32, Noblesville, were indicted for possession of a firearm in relation to a drug trafficking crime and two cocaine charges.

In May, 2011 the Hamilton/Boone County Drug Task force served a search warrant at their Noblesville residence. Officers found over $7,000 along with 225 grams of cocaine, a digital scale and a loaded .22 caliber handgun at the foot of a bed where an infant slept. Also found in the residence was a Ruger .45 caliber handgun with an obliterated serial number. These individuals also are being prosecuted by AUSA Glickman.

• Andre D Johnson, 19, Indianapolis, and Andres D. Phelps, 25, Indianapolis, were indicted for illegally purchasing a firearm and making false statements on the paperwork reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives. (also known as “straw purchasing”).

On December 10, 2010, Phelps purchased a firearm from Don’s Guns & Galleries, on the west side of Indianapolis, and asserted he was the actual purchaser of the firearm when in fact Phelps and Johnson both knew at the time that Johnson was actually the purchaser of the weapon. These individuals are being prosecuted for the government by AUSA Zach Myers.

• Shane Spears, 27, Indianapolis, was indicted for being a felon in possession of a firearm.

Spears was charged in a criminal complaint in April 2011. During a search of his residence law enforcement found five bottles of Oxycontin, several boxes of Sudafed, five 20 gauge shotgun shells, and a 20 gauge shotgun under Spears’ bed. Mr. Spears is being prosecuted for the government by AUSA Gayle Helart.

• Jason Thacker, 35, Martinsville, was indicted for possession of a firearm by a convicted felon.

Martinsville, Indiana police were dispatched to a residence in May, 2011 to investigate a complaint of a man with rifle who was trespassing. When officers arrived they saw Thacker walking out of a garage belonging to the complainant. Officers located a loaded .22 caliber rifle in the garage and .22 caliber ammunition in Thacker’s pocket. Thacker has a number of felony convictions. Mr. Thacker is being prosecuted for the government by AUSA Matt Rinka.

Hogsett said today, “Guns do not commit crimes. The individuals who possess them do. One of the highest priorities of this office is to prosecute individuals who illegally possess firearms. The majority of the violence in our neighborhoods is committed with illegal guns and this office will not stop until all that can be done has been done to make our communities safer. Guns may make individuals feel invisible. I’m here to tell them—they aren’t.”

“Many criminals think of a gun as their greatest strength to carry out their crimes. It is actually their greatest weakness because we will charge them with using that gun whenever possible,” stated Browning of the ATF.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Statement of United States Attorney on Gun-Related Violence

Just over four nights ago, on the evening when our nation came together to celebrate its 235th birthday, the peace of downtown Indianapolis was shattered with an outbreak of violence, much of it gun-related. Fortunately, life-threatening injury was avoided but at least two individuals suffered gun shot wounds, dozens of others sought shelter when they heard what they believed was gunfire, and the Indianapolis Metropolitan Police Department was required to utilize riot control weapons to break up conflicts. Hundreds of families, including my own, watched the fireworks that evening within blocks of where these incidents took place. That is a precious reminder that victims of gun-related violence are black and white, rich and poor, young and old.

To paraphrase Robert F. Kennedy, we seem to tolerate a rising level of violence that ignores our common humanity and our claim to live in a peaceful, civil society. We calmly accept newspaper reports of gun-related violent crime in places where we have allowed ourselves to expect such crimes to occur. That is immoral. It should shame us all. Kennedy went on to say, “We glorify killing on movie and television screens and call it entertainment. We make it easy for people of all shades of sanity to acquire weapons and ammunition they desire. Too often we honor swagger and bluster and the wielders of force; too often we excuse those who are willing to build their own lives on the shattered dreams of others.”

Over the ensuing days since July 4th, press accounts, opinion pages and our civic leadership have all offered perspectives on the nature of the violence, its pervasiveness and seriousness, and its cause. Vigorous debate on this issue is inevitable and, ultimately, may be helpful. Some rely on statistics. Others on perceptions. As the United States Attorney, it is not for me to say who is right or wrong. My sole obligation is to confront the problem directly and do everything within my power to stop it. The only success or failure that matters to me is results.

Today, we are releasing the results that this office has achieved over the past six months. They speak for themselves. Do these results make our streets safer? I certainly hope so. But the plain truth is that I cannot guarantee homicides will go down. I cannot guarantee that people will feel safer. I cannot guarantee that the problem will go away. Nobody can honestly promise that.

What I can say is that I have promised to go after the worst of the worst and we have done exactly that. I promised to increase firearms prosecutions and we have done that and are continuing to do so at a record pace. And I promised to report the results, whether they were good or bad, and that is what I am doing today.

We are not focusing on the firearm, but the individual in possession of the firearm. So these words should go forth. If you have prior felony convictions for drug trafficking offenses or crimes of violence and you possess a gun, you will be federally prosecuted. If in relation to possessing or selling drugs or committing a crime of violence you have a gun, you will be federally prosecuted. If you are selling guns to convicted felons, you will be federally prosecuted. If you are buying a gun for a convicted felon in a “straw purchase,” you will be federally prosecuted.