posted February 9, 2007
The boyfriend charged Thursday in the death of his girlfriend's 18-month-old daughter on Friday was handed a 33-month prison sentence.
Brian Rutherford appeared before Federal Judge Curtis Collier for sentencing in a case in which prosecutors said he supplied a gun used in two carjackings.
Rutherford was caught in Albany, Ga., after absconding soon after taking Sierra Carpenter to the Dallas Bay Volunteer Fire Department on April 25 of last year. The child never regained consciousness and died two days later.
Rutherford is now charged with first-degree murder and child neglect in that case. The mother, Traci Carpenter, is charged with aggravated child neglect.
Rutherford was charged in Federal Court with being a drug user in possession of a firearm, possessing a stolen firearm, stealing a firearm, selling a firearm knowing it would be used to commit a drug trafficking offense, and conspiring to sell a firearm knowing it would be used to commit a drug trafficking offense.
Rutheford's attorney told Judge Collier he has had a longtime dependency on marijuana and prescription pills. She said he had not been jailed long before and it was "a huge and unfortunate wakeup call to him."
She said he has "tremendous family support," and his parents had been at every hearing.
Rutherford told Judge Collier he "made a horrible decision" in selling the gun.
Federal agents said Jan. 9 and 10 of last year, three individuals were involved in a conspiracy to commit carjackings in Chattanooga. He said one was Stephan Fekete and another was Patrick Pitts.
Pitts told authorities he was present with Fekete when he bought a firearm from a white male in Middle Valley several months earlier in 2005. Pitts said the white male's father owns a wrecker service in Middle Valley.
Pitts said the white male stated that he had stolen the gun from a car he towed while working for his father. Fekete bought the "police gun" for $100.
On Sept. 6, 2005, Franklin County Deputy Sheriff Eddie Stinnett reported that his service gun had been stolen from his vehicle after it was towed by a wrecker driven by Brian Rutherford. The pistol was described as a Smith & Wesson .40-caliber pistol.
Rutherford told authorities he had known Fekete for several years and regularly bought drugs from him, including marijuana, nerve pills and pain pills. He said he bought drugs from him 50-60 times. He said he normally bought quarter-ounce bags of marijuana.
Agents said Rutherford admitted taking the officer's gun while towing the car during the summer of 2005. He said he saw the handgun located between the seats, took the gun, put it in his pocket, and drove off with it. He also stole the holster.
Rutherford said he put the loaded gun in his closet at home. He said he sold it to Fekete about two months later after meeting Fekete and his friend where he was staying on McConnell School Road.
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