Troy Wilson Wheatley, Felon in Possession of a Firearm, West Virginia 2021

Troy Wilson Wheatley, Felon in Possession of a Firearm, Lands in Prison

CHARLESTON, W.Va. – A Boone County man has been sentenced to prison for being a felon in possession of a firearm, according to authorities.

Troy Wilson Wheatley, 42, of Boone County, was sentenced to 5 years and 8 months in prison, to be followed by 3 years of supervised release, for being a felon in possession of a firearm.

On August 30, 2021, law enforcement officers responded to reports of a shooting at Wheatley's residence near Chapmanville. Officers encountered Wheatley and seized a Ruger, model Security-9, 9mm pistol and a Smith & Wesson, .22-caliber pistol. One firearm was in a holster on Wheatley's hip and the other was in his back pocket. Wheatley admitted to possessing the firearms and further admitted to the officers that he had discharged a firearm when his nephew drove past the residence that morning.

A few months later, on December 2, 2021, Wheatley was a passenger in a vehicle pulled over by a law enforcement officer in the Big Creek area of Logan County. Wheatley was wearing an empty pistol holster on his belt, and told the officer there was a firearm under the seat. The officer found a Beretta model 950 .25-caliber pistol under Wheatley's seat. The officer obtained a search warrant for Wheatley's residence that day and seized a SCCY model CPX-2 9mm pistol between Wheatley's mattress.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Wheatley was prohibited from possessing a firearm because of his prior felony conviction for delivery of a controlled substance in Nicholas County Circuit Court on February 3, 2006.

The Court granted an upward variance from Wheatley's original sentencing range, citing several factors including his decades-long pattern of criminal conduct.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Boone County Sheriff's Department, and the West Virginia State Police.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Nowles Heinrich and Lesley Shamblin prosecuted the case.

Source: https://www.justice.gov/usao-sdwv/pr/boone-county-man-sentenced-prison-federal-gun-crime