BECKLEY, W.Va. – In a stark reminder of the enforcement of federal gun laws, a federal jury has returned a guilty verdict against John Henry Swain, 44, for being a felon in possession of a firearm. United States Attorney Mike Stuart announced the verdict following a one-day trial.
‘I am a firm supporter of the Second Amendment,’ Stuart said. ‘However, Swain’s previous felony conviction bars him from owning firearms. Enforcing these laws is crucial for public safety as it keeps dangerous weapons out of the hands of criminals.’
The incident that led to Swain’s arrest occurred on September 20, 2018, in downtown Beckley. He was among three individuals being investigated for public intoxication and possession of an open container. Swain fled on foot, with officers noticing his hands moving towards his waistband. A canine tracked a 9mm Taurus pistol along the path of flight.
In a recorded interview after his arrest, Swain confessed to possessing the firearm and his intention to use it. He is prohibited from owning firearms under federal law due to a 2008 conviction for being a felon in possession of a firearm in the Southern District of West Virginia.
Swain faces up to 10 years in federal prison when he is sentenced on August 22, 2019. Until then, he remains in custody. The investigation was conducted by the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Ryan A. Saunders and Steven I. Loew prosecuted the case before a federal jury.
The trial was presided over by United States District Judge Irene C. Berger. Project Safe Neighborhoods (PSN) is instrumental in reducing violent crime, focusing on the most dangerous offenders and partnering with local programs for long-term crime reduction.
Source: DOJ USAO | State: West Virginia
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Key Facts
- State: West Virginia
- Agency: DOJ USAO
- Category: Violent Crime|Weapons
- Source: Official Source ↗
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