Mattice Says Project Safe Neighborhoods Proving Effective

Thursday, October 17, 2002

United States Attorney Sandy Mattice, along with other law enforcement officials in the community, Thursday announced the implementation of Project Safe Neighborhoods in the Eastern District of Tennessee.

He said Project Safe Neighborhoods is "a comprehensive program designed to address violent gun crime by aggressively enforcing existing gun laws. The program has a simple and straightforward message: gun crime means hard time."

The local initiative is part of a national strategy announced last year by President Bush as one of the Administration's top priorities, it was stated.

He said, "This Administration is committed to an all-out assault on gun violence - and will provide the resources necessary to ensure success. Already, the Administration has committed $558.8 million to this effort over two years."

The Project Safe Neighborhoods' strategy has five essential elements:

1) Partnership and coordination of gun violence reduction programs among federal, state and local law enforcement agencies throughout East Tennessee;
2) Development and implementation of a strategic law enforcement plan to address problems of gun violence as they exist in this community, based on the professional analysis of gun crime statistics from all law enforcement agencies in East Tennessee;
3) Provision of specialized training for law enforcement officers and prosecutors, designed to prepare them for the unique challenges presented by violent gun crime;
4) Community outreach to increase public awareness of the deleterious effects of gun crime within East Tennessee, and to enlist community leaders, the media and law-abiding citizens as agents of change in the fight against gun violence; and
5) Standards of accountability designed to measure the effectiveness of the local gun violence reduction programs being employed as part of the overall strategy.

Over the past year, federal prosecutors have been establishing the program throughout the Eastern District of Tennessee by teaming with state prosecutors, federal agents and state and local police to screen offenses committed with guns and identify the most serious offenders, he said.

Mr. Mattice said, "Since the inception of Project Safe Neighborhoods, dozens of offenders who have committed federal gun offenses have been and are being prosecuted in federal court, where offenders can be held without bail pending trial, minimum mandatory sentences can apply, sentences are typically longer and parole is unavailable.

"These prosecutions have focused on all phases of the gun crime problem, including those who unlawfully sell firearms without a license, convicted felons and career criminals who are prohibited from possessing firearms and those who use firearms to commit other crimes such as drug trafficking, carjacking and robbery."

In order to permit them to bring gun crime prosecutions in federal court, state prosecutors are receiving specialized training and are being sworn in as Special Assistant
United States Attorneys, it was stated. This "cross-designation" allows state Assistant District Attorneys to bring cases in federal court along with experienced Assistant United States Attorneys.

In addition, and as part of the Project Safe Neighborhoods initiative, local District Attorneys General have applied for and been granted over $600,000 in matching federal funds to hire more prosecutors to handle these types of cases.

ILLUSTRATIVE PROJECT SAFE NEIGHBORHOODS CASES

United States v. Larry Joe Collins - Hamilton County, Tennessee; felon in possession of firearm - 18 U.S.C.§922(g)(1); Hobbs Act robbery - 18 U.S.C. § 1951, possession of a firearm in furtherance of a crime of violence - 18 U.S.C. § 924(c); possession of a sawed off shotgun - 26 U.S.C. § 5845(a)

Docket No. 1:01-cr-12
Prosecutor(s): Tammy Owens Combs, AUSA, Paul Laymon, AUSA
Arresting Agency: Chattanooga Police Department
Arresting Agent(s): Ricky Ballard and Jerry Scudgins
Prosecuting Agency: Bureau of Alcohol, Tobacco and Firearms
Prosecuting Agent: ATF Special Agent Cordell Malone

Collins was indicted federally on January 23, 2001, for offenses which occurred on 3 different dates. Among those offenses was the armed robbery of the Sunset Inn on March 23, 1999, during which Collins entered the restaurant, brandished a sawed-off shotgun, and robbed the owner at gunpoint. Collins proceeded to trial on 9-9-02 and was found guilty on 9-11-02. Collins has a very extensive criminal history, including convictions for burglary, assault with the intent to commit murder, armed bank robbery and arson. Collins is believed to be an Armed Career Criminal and thus faces a minimum mandatory sentence of 15 years to life. Collins is scheduled to be sentenced on 12-6-02.

United States v. Antonio Espey, also known as "Porkchop" - Hamilton County, Tennessee; felon in possession of ammunition - 18 U.S.C. 922(g)(1)

Docket No. 1:02-cr-11 - Judge Collier
Prosecutor: Tammy Owens Combs, AUSA
Arresting Agencies: Federal Bureau of Investigation/Chattanooga Police Department
Arresting Agent: FBI Special Agent James Melia
Prosecuting Agency: Federal Bureau of Investigation
Prosecuting Agent: FBI Special Agent James Melia

Espey was indicted on 1-23-02 and charged with being a felon in possession of ammunition. Espey proceeded to trial and was convicted on 4-9-02. For sentencing purposes, Espey is considered to be an Armed Career Criminal as defined by 18 U.S.C. §924(e) because of his having 3 prior drug and violent crime convictions, including possession of cocaine for resale (a Class B felony) from 1992, aggravated assault from 1994, and a conviction for 3 counts of robbery from 1994. As such, Espey faces a minimum mandatory sentence of 15 years to life.

United States v. Stephen Kendricks, Tyrone Griffin, Jonathon Smith, Adam Snyder and William Kelley - Hamilton & Bradley County, Tennessee; bank robbery ring charged with armed bank robbery (18 U.S.C. §§2113(a) and (d)); conspiracy to commit bank robbery (18 U.S.C. § 371); possession of explosives on federal property (18 U.S.C. § 844(e)); possession of a prohibited device (18 U.S.C. §§844(e) and (g)); possession of firearm(s) in furtherance of a crime of violence (18 U.S.C. § 924(c))

Docket No. 1:01-c139/140 - Judge Collier
Prosecutor(s): Steven S. Neff, AUSA and Perry H. Piper, AUSA
Arresting Agency: Chattanooga Police Department/Federal Bureau of Investigation
Arresting Agent: Officer Joe Fletcher/Special Agent Paul Healy
Prosecuting Agency: Federal Bureau of Investigation
Prosecuting Agent: Special Agent Paul Healy

Kendricks was charged with organizing and committing armed bank robberies with various accomplices in Chattanooga and Cleveland. Kendricks functioned as the getaway driver during the robberies. Before the robberies, Kendricks would steal "switch cars" to be used as getaway vehicles. On 7-9-02, Snyder, Kelley, Griffin and Kendricks robbed the SunTrust Bank, 1432 25th Street in Cleveland, taking in excess of $28,000. Snyder entered the bank first, carrying a hoax bomb. He then vaulted the teller counter, placed the device on the counter, and threatened to blow up the bank. Kelley came into the bank carrying a handgun which he fired inside the bank, hitting a metal tray near the teller counter. Griffin entered the bank wielding a sawed-off shotgun, forcing bank employees to the floor and stealing purses.

On August 3, 2001, Kendricks, along with Smith and Griffin, robbed the First Tennessee Bank located on S. Broad Street in Chattanooga. Once again, Kendricks stole a switch car beforehand and then waited in the getaway car during the robbery. Smith and Griffin entered the bank wearing camouflage hunting masks and gloves. Smith brandished a .38 caliber revolver and fired a shot into the ceiling as he ordered everyone to get down. Griffin vaulted the teller counter and robbed teller stations. As the three made their getaway, the dye bomb exploded, forcing them to drop the money and leave the scene on foot. Kendricks was intercepted near the bank shortly thereafter.

Griffin, Kelley, Smith and Snyder pled guilty and testified against Kendricks during the 5-day trial. On 9-5-02, a federal jury in Chattanooga found Kendricks guilty of all charges. Kelley and Snyder also pled guilty to the armed bank robbery and related firearm charge from the Northern District of Georgia for the 7-25-01 robbery of the BB&T Bank in Dalton, for which they were charged along with Kendricks. Kendricks' case in Georgia is still pending. Griffin, Smith and Kendricks are scheduled to be sentenced in November. Snyder and Kelley are scheduled to be sentenced in December. Although all the defendants face substantial penalties, Kendricks is facing the longest term of imprisonment, which is expected to be around 40 years. Griffin, Snyder and Kelley each face 30 to 35 years, and Smith is facing approximately 10 to 15 years imprisonment.

United States v. Terrence Lowdermilk - Hamilton County, Tennessee; felon in possession - 18 U.S.C. § 922(g)(1); distribution of cocaine base "crack," cocaine hydrochloride, and marijuana - 21 U.S.C. § 841(a)(1)

Docket No. 1:01-cr-145 - Judge Collier
Prosecutor: Steven S. Neff, AUSA
Arresting Agency: Hamilton County Sheriff's Department - Narcotics & Special Operations Division
Arresting Agent: Van Hinton
Prosecuting Agency: Hamilton County Sheriff's Department - Narcotics & Special Operations Division
Prosecuting Agent: Van Hinton

Lowdermilk was indicted on 8-28-01 and charged with federal narcotics and firearms violations arising from an undercover investigation conducted by the Hamilton County Sheriff's Department Narcotics Unit. On 4-18-02 defendant signed a plea agreement. Lowdermilk has an extensive state criminal history, including two separate convictions of aggravated assault, one of which was pled down from first degree murder. Lowdermilk is to be sentenced in November and is facing 12 to 15 years imprisonment.

United States v. Leonard Lebron Myree - Hamilton County, Tennessee; felon in possession - 18 U.S.C. § 922(g)(1)

Docket No. 1:01-cr-88 - Judge Edgar
Prosecutor: Steven S. Neff, AUSA
Arresting Agency: Chattanooga Police Department
Arresting Agent(s): Todd Floyd, Tim Carroll, Timothy Commers, Mike Stro, Darrell Whitfield
Prosecuting Agency: Federal Bureau of Investigation/Bureau of Alcohol, Tobacco & Firearms
Prosecuting Agent: Tarrance Meadows, FBI Task Force Officer/ATF Special Agent Mike Messinger

Myree was indicted on 6-12-01 and charged with three counts of being a felon in possession of a firearm. The charges stem from two occasions, a 7-2-99 traffic stop and a 5-25-00 home invasion, during which Myree bound the hands and feet of a young mother and pointed a gun to her three children, ages 2, 5, and 7, while his accomplice robbed the residence. As a result of his May 2000 arrest, Myree had previously been charged in state court with aggravated robbery, aggravated assault, and aggravated burglary. On May 15, 2001, Myree pled guilty in state court to simple burglary and received 8 years of unsupervised probation. The United States Attorney's Office pursued dual prosecution of Myree in light of its extensive federal interest in the case, drawn from the violent nature of the underlying offense and his extensive criminal history, which included two prior convictions for aggravated assault. Once indicted federally, Myree proceeded to trial and on 10-18-01 a federal jury sitting in Chattanooga found Myree guilty on all counts. On 2-11-02, Myree was sentenced to imprisonment for a term of 235 months, or 19 years and 7 months, without parole (parole was abolished in the federal system in 1987).

United States v. Antonio Petty - McMinn County, Tennessee; felon in possession - 18 U.S.C. § 922(g)(1)

Docket No. 1:02-cr-17 - Judge Collier
Prosecutor: Tammy Owens Combs, AUSA
Arresting Agency: Tennessee Highway Patrol
Arresting Agent: Trooper Kevin Hoppe
Prosecuting Agency: Bureau of Alcohol, Tobacco & Firearms
Prosecuting Agent: Special Agent Cordell Malone, Jr.

Petty was indicted on 2-12-02 and charged with one count of being a felon in possession of a firearm (a loaded Lorcin Model L-32 .32 caliber semi-automatic pistol). The charges stem from a traffic stop on I-75 in McMinn County, Tennessee, by Tennessee Highway Patrol Trooper Kevin Hoppe. Trooper Hoppe smelled the odor of drugs in Petty's vehicle and observed Petty's passengers attempt to destroy drugs. The firearm was discovered in the engine compartment of the vehicle. Petty pled guilty on March 21, 2002. At his sentencing hearing on June 7, 2002, Petty was sentenced to 60 months in prison. Petty has an extensive criminal history, including the three following felonies: May, 1997, Felony Possession of Cocaine; April 19, 1999, Possession with Intent to Distribute Cocaine; and November, 1999, Possession of Stolen Goods and Property, all in Gilford County, North Carolina. Petty also has three prior misdemeanor drug convictions.


United States v. Timothy Redmond - Dunlap (Sequatchie County), Tennessee; felon in possession - 18 U.S.C. § 922(g)(1)

Docket No. 1:01-cr-226 - Judge Collier
Prosecutor: Tammy Owens Combs
Arresting/Originating Agency: Dunlap Police Department
Arresting/Originating Agent: Investigator Randy Phillips
Prosecuting Agency: Bureau of Alcohol, Tobacco & Firearms
Prosecuting Agent: Special Agent Mike Messinger, ATF TFO Alec Conner

Redmond was indicted on federal firearms charges on December 11, 2001, resulting from a firearm theft in October of 2000. Redmond pled guilty to Count 2 of the indictment on July 18, 2002, and was sentenced on September 20, 2002. Because Redmond qualified as an Armed Career Criminal, he received the mandatory minimum 180 months imprisonment. Among his numerous prior criminal convictions and arrests (in his career, Redmond has faced approximately 80 different criminal charges) Redmond has prior convictions for robbery (pled down from armed bank robbery), armed robbery, and aggravated assault (which was pled down from attempt to commit first degree murder) which were violent crime qualifiers for the Armed Career Criminal sentencing enhancement (18 U.S.C. § 924(e)).

United States v. Randy Seivers - Warren County, Tennessee; felon in possession - 18 U.S.C. § 922(g)(1)

Docket No. 4:01-cr-19 - Judge Edgar
Prosecutor: Tammy Owens Combs
Arresting Agency: Warren County Sheriff's Department
Arresting Agent(s): Marc Martin, Daniel Chisam & Tommy Myers
Prosecuting Agency: Bureau of Alcohol, Tobacco & Firearms
Prosecuting Agent: Special Agent Neil Harper

On January 13, 2002, Seivers was convicted of being a felon in possession of firearms, pursuant to his September 24, 2001, guilty plea to Count One of the Superseding Indictment. Seivers was sentenced to 28 months in prison for the illegal possession of sixteen firearms. Seivers led authorities on a high speed chase with his son in the vehicle before he was taken into custody. Defendant has two prior felony convictions, for temporary taking of an automobile, and for drug possession.

United States v. Jasper Michael Wagner - McMinn County & elsewhere; bank robbery - 18 U.S.C. § 2113(a)

Docket No. 1:01-cr-115/1:01-cr-196/1:01-cr-204/1:02-cr-39/1:02-cr-40/1:02-cr-46
Judge Edgar
Arresting Agency: Federal Bureau of Investigation
Arresting Agent: FBI Special Agent Bob Bissell
Prosecuting Agency: Federal Bureau of Investigation
Prosecuting Agent: FBI Special Agent Bob Bisell

Wagner was indicted federally for the robbery of the Citizen's National Bank in Etowah, Tennessee. Wagner admitted to that robbery, along with 6 other bank robberies from Kentucky, Mississippi New Mexico, South Carolina, and West Virginia. On 6-24-02 Wagner was sentenced to 10 years imprisonment for each count, to run concurrently.


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