David Arriaga, 23, of Omaha, Nebraska, is headed to federal prison for 15 months after being caught firing a shotgun from a moving vehicle in downtown Omaha. The illegal alien was sentenced on October 7, 2016, by U.S. District Judge Joseph F. Bataillon after a trial found him guilty of unlawful possession of a firearm by a non-citizen. The sentence includes two years of supervised release—pending possible deportation.
The incident unfolded in the early hours of October 13, 2015, when Omaha Police officers patrolling near 21st and I Streets heard three to four gunshots tear through the night. Responding immediately, they traced the muzzle flashes to a vehicle nearby and conducted a traffic stop. Three men were pulled from the car, including Arriaga, who was seated in the back.
Inside the vehicle, officers found a Mossberg 12-gauge shotgun lying in the back seat along with three spent shell casings scattered across the floorboard. With no hesitation, Arriaga admitted he had fired the weapon—claiming he shot into the air. The admission, paired with physical evidence, sealed his fate under federal law.
As an undocumented immigrant, Arriaga is categorically barred from possessing any firearm under U.S. law. Prosecutors from the U.S. Attorney’s Office, led by Deborah R. Gilg, emphasized that status alone made the possession a felony, regardless of intent. The government treated the case as a serious threat to public safety, especially given the discharge of a weapon in a densely populated area.
The investigation was a joint effort between the Omaha Police Department, the Department of Homeland Security, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Agents worked swiftly to confirm Arriaga’s immigration status and build a federal case, ensuring prosecution under the full weight of the law.
Arriaga’s conviction underscores the federal crackdown on firearms in the hands of prohibited individuals. While 15 months may seem short for gun crimes, prosecutors say the sentence reflects plea and immigration realities. He remains in federal custody, with ICE likely to take custody upon release.
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Key Facts
- State: Nebraska
- Agency: DOJ USAO
- Category: Weapons
- Source: Official Source ↗
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