Gun Crimes

Published on: July 28, 2021

Baltimore Man Guilty in Federal Robbery Case

This past week in the Baltimore federal courthouse a 26-year-old defendant pleaded guilty for his involvement in three separate robberies in the Baltimore metro area. The first robbery took place in October of 2019 at a Baltimore City pharmacy. In this particular incident the government presented evidence that the defendant and his co-conspirator entered the pharmacy just as it opened in the morning, and while donning masks, gloves and glasses brandished a black revolver and demanded cash from the safe. The clerk gave the men over $1,600 and then was bound with zip ties while the pair fled in the victim’s vehicle.

One month later the two defendants committed a second robbery in Anne Arundel County. This robbery took place at a retail store, where the defendants entered right at closing time. Once again, the pair were clad in masks and gloves and carrying handguns. After taking over $3,000 from the store and striking a victim in the head, the defendants fled the scene in the victim’s vehicle. The final robbery was committed in December of 2019 in Baltimore County restaurant in Parkville. The defendants entered the restaurant at 7 a.m. just as the shift manager and another coworker were opening for the day, and once again the defendants brandished a firearm and demanded money from the restaurant safe. After stealing close to $4,000 from the safe and binding the victims with zip ties the defendants fled in one of the victim’s vehicles.

One day after the third and final robbery Baltimore County Police detectives located the stolen vehicle and surreptitiously outfitted it with a GPS tracker. Two days later police followed the vehicle as it moved and eventually attempted to effectuate a traffic stop. The defendant abandoned the vehicle and then fled on foot, but was then apprehended a short time later on Harford Road. After being arrested the defendant agreed to speak to police, and claimed he found the stolen vehicle that day and was merely taking it for a joy ride. Law enforcement officers obviously were not convinced and ended up charging him with robbery, assault in the first degree, motor vehicle taking and felony theft. The case was forwarded to the Circuit Court for Baltimore County with additional charges for use of a firearm in a crime of violence and CDS drug charges. In November of 2020 the case was nolle prossed after the feds decided to pick it up. While the U.S. Attorney’s press release does not mention the specifics, the feds were likely alerted after local law enforcement discovered the defendant’s involvement in the two other robberies. A search warrant was executed on the defendant’s phone, and law enforcement found pictures of large amounts of cash on the same day as the first robbery. Cell phone tracking data also showed the defendant was in the area of the first two robberies on the dates in question.

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Published on: July 16, 2021

Two Baltimore Men Sentenced to Federal Prison

By Benjamin Herbst

This week two Baltimore men received federal prison sentences for narcotics distribution, further serving as reminders that the feds are not shy about prosecuting drug cases in Baltimore City. Neither case seemed especially complex, and both defendants appeared to keep their illegal operations local, but nonetheless the cases ended up in federal court. Unlike many crimes, drug offenses do not need to be committed on federal property or across state lines in order to be prosecuted in federal court. The United States Code has strict controlled substance laws, and the feds can choose to prosecute anyone involved with suspected drug dealing. Normally in Maryland, street level cases are prosecuted in state court by the local State’s Attorney’s Office, but it’s quite a different story in Baltimore City.

The U.S. Attorney’s Office prosecutes a large number of drug and gun cases that would normally be filed in state court, and the two from this week are a classic example. On July 13, a 41-year-old man from Baltimore was sentenced to 5 years in federal prison for conspiracy to distribute and possess with intent to distribute crack cocaine. This particular defendant was ultimately jammed up for selling cocaine to multiple confidential informants in a particular area of East Baltimore. The defendant’s DTO or drug trafficking organization was not particularly large but nonetheless caught the attention of the ATF, and ultimately wound up in federal court. As part of the plea the defendant admitted to conspiracy to distribute more than 28 grams of cocaine, and also admitted to possessing firearms.

Just one day after the sentence was handed down for the 41-year-old defendant, another Baltimore man learned he would be spending the next 4 years in federal prison for conspiracy to distribute heroin, fentanyl and cocaine. This particular defendant was being investigated by a joint task force led by the DEA, who joined with Baltimore City Police in gathering evidence to support the defendant’s involvement with a street level drug trafficking organization. Law enforcement officers were ultimately able to secure a search warrant for the defendant’s residence, and recovered 147 grams of a heroin fentanyl mixture, cutting agents and a press containing cocaine. According to the U.S. Attorney’s Office, based on the evidence obtained it was reasonable to conclude that the defendant and his co-conspirators distributed more than to distribute more than 3.5 kilograms of cocaine, as well as heroin and fentanyl. The 5-year sentence may seem low compared to state sentences for narcotics distribution, but keep in mind that there is no parole in the federal justice system. Defendants typically serve more than 75 percent of their actual sentences compared to state defendants who are eligible for parole on non-violent offenses after serving 25 percent of their time. There were a total of 25 defendants indicted in this particular investigation, and 22 have pleaded guilty or been found guilty at trial. In March of this year the defendant’s alleged source of supply was sentenced to 10 years in prison for his role in the conspiracy.

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Published on: June 30, 2021

Essex Gun Shop Burglar Sentenced to Five Years

By Benjamin Herbst

A 20-year-old Washington D.C. man was recently sentenced to five years in federal prison after he pled guilty to theft of firearms from a federal firearms licensee’s facility. This offense is a felony punishable by up to 10 years in prison. The incident occurred back in August of 2019 at a Baltimore County gun store in the Essex area. According to the plea agreement the defendant and a co-conspirator drove up to the gun store in a stolen vehicle, and repeatedly attempted to ram the front door of the shop with the stolen car. The defendant then broke one of the store’s windows, entered and then proceeded to throw stolen firearms to the co-conspirator waiting outside. The two fled the scene and were not apprehended immediately. Shortly after the burglary the defendant posted on social media about the heist, and was not shy about showing off the stolen guns, gloves and mask he wore. Law enforcement officers were able to match the social medial video with the store surveillance video, and were aided by distinctive tattoos on the defendant’s forearm. The social medial videos also showed strings tied around the triggers of the weapons, which the store had used for identification.

As if the police needed more evidence of the defendant’s guilt, it turns out that he was also on GPS monitoring for a Prince George’s County case when he carried out the burglary. The defendant was charged with armed robbery in 2018 and eventually pled guilty to conspiracy to commit robbery ( a misdemeanor common law offense in Maryland). He was likely being supervised by parole and probation at the time, as he just pled guilty in May of 2019. There is currently an active warrant out of the Prince George’s County Circuit Court for a violation of probation, though it is unclear how many years the defendant is backing up.

This case is another example of the feds picking up what would normally be a state case. Much like bank robbery cases, the feds will typically get involved when gun shops are burglarized, as all arms dealers must be licensed by the federal government and the ATF in particular. In this case, the defendant was also charged with second-degree burglary, felony theft and malicious destruction of property in the Baltimore County District Court. An arrest warrant was issued back in 2019 and it appears the warrant remains unserved. If Baltimore County chooses to prosecute the defendant will be transported to Towson upon completion of his federal sentence. This of course is assuming that he is not taken to Prince George’s County first. It will be interesting to see if Baltimore County chooses to prosecute a defendant that has been sentenced for the same act in federal court, and then punished for violating his probation due to that act in another county. The Blog will follow and may post an article in the future. In the meantime, stay tuned for any new posts regarding gun and drug charges that are filed in federal court.

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Published on: June 14, 2021

Ocean City Police Arrest Three on Gun Charges

By Benjamin Herbst

Summer is almost in full swing, and with COVID-19 numbers sharply on the decline thousands of tourists have already started to flock to Ocean City to enjoy the surf and sand. Tourist season in Maryland’s only beachfront town supports hundreds of businesses and creates thousands of jobs, but it also brings a dramatic increase in crime. Most of the offenses are non-violent in nature and occur in the overnight hours when family vacationers are back in their hotels, but the crime does not go unnoticed. Year after year the local, county and even state government has made a point to address rising crime in Ocean City, and recently have developed special event zones to combat street crimes. But increased boardwalk patrols and the threat of arrest can only do so much to deter criminal activity. Last week was a perfect example of this, as three teenaged defendants were arrested on gun charges after police attempted to break up a large disorderly crowd in downtown Ocean City. Fortunately, the disturbance did not escalate to an especially violent incident, but based on the police officer’s alleged observations it appears escalation was only narrowly avoided.

According to the Ocean City Police Department, a bike patrol officer that responded to the disturbance observed a 19-year-old Baltimore man in the back of a vehicle actively loading a semi-automatic handgun. As officers were in the process of detaining the passenger and arresting him for multiple firearm charges, another teenaged male approached and allegedly became hostile toward the police and tried to interfere with the arrest. This young man turned out to also be 19 but hails from Pennsylvania. These two young men were both arrested and taken to the Ocean City jail for processing along with an 18-year-old female that was the driver of the vehicle in question.

The defendant from Baltimore was charged with loaded handgun on person, handgun in vehicle and possession of a firearm by a person under 21. The Pennsylvania defendant was charged with handgun in vehicle and several additional charges for his alleged interference with the police including obstructing and hindering, resisting/interfering with arrest, assault second-degree of a law enforcement officer, disorderly conduct and reckless endangerment. Both male defendants were initially held without bail by the District Court Commissioner and then released on $50,000 bail when seen by a judge the next day. The female. defendant was released on her own recognizance by the commissioner. All three co-defendants have a trial date on August 3, 2021 in the Ocean City District Court.

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Published on: February 22, 2021

Lawmakers Debate Ghost Gun Regulations

By Benjamin Herbst

Over the last couple of years law enforcement has seen a dramatic uptick in the presence of build-at-home firearms commonly known as ghost guns. Ghost guns are typically ordered online and delivered to a person in a kit with several unfinished parts. These parts require some degree of machining, with tools such as a drill press, in order to be transformed into a fully functional firearm. The fact that the gun parts come unfinished is what enables manufacturers to be able to sell them without abiding by strict state and federal regulations that traditionally apply to gun manufacturers. In addition, the customers who buy and build the gun parts can also skirt certain state and federal requirements pertaining to registration and identification. For example, under Maryland law it is a crime to possess a firearm that lacks or has an obliterated serial number. But ghost guns are not required to be registered or labeled with a serial number. The problem for law enforcement is two fold; ghost guns are easier to obtain for those who traditionally would be prohibited from purchasing a firearm, and the guns that are seized are impossible to trace back to other potential crimes. Law enforcement’s concerns over ghost guns has recently become a priority for Maryland lawmakers in Annapolis, and we will likely see tighter regulations of these weapons beginning in 2022.

Under Senate Bill 624 lawmakers are seeking to require ghost gun manufacturers and owners to adhere to similar requirements as regular firearms dealers and manufacturers. In Maryland this would require buyers to produce a valid Handgun Qualification License in order to lawfully purchase a ghost gun. Additionally, once the bill becomes law current owners of ghost guns would have to take measures to stamp their weapon with a serial number, and identify the make and model of the weapon. The build-at-home guns would also have to be labeled with the lawful owner’s full legal name. Anyone in possession of an unmarked ghost gun after the bill becomes a law could face prosecution if they do not follow the labeling requirements, but a first offense would not be considered a criminal violation. Rather, a first would be classified as a civil violation punishable by a minimum $1,000 fine upon conviction. It is unclear whether there would be a mandatory court appearance for this civil violation, or if the defendant could prepay. Either way, it would behoove any defendant to show up to court and fight the case or request a probation before judgment to avoid the mandatory fine and a finding of guilt.

Under the current bill a second offense for possession of an unlabeled ghost gun would be prosecuted in criminal court and punishable by up to 2 years in prison and a $5,000 fine. The judge would be permitted to make certain findings that could end up in a dismissal if the violation is not deemed serious and the defendant has not been previously convicted. There will likely be numerous modifications to the bill before it becomes law, but chances are that some sort of ghost gun legislation will pass this year. Baltimore Police recovered 126 ghost guns in 2020 compared to 29 in 2019, and the numbers are bound to continue to increase absent government intervention.

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Published on: January 7, 2021

Baltimore Man Guilty of Discharging Firearm in Drug Trafficking Crime

By Benjamin Herbst

The United State Attorney’s Office for the District of Maryland recently announced that a Baltimore man pleaded guilty to one count of discharging a firearm in relation to a drug trafficking crime. The incident occurred in northwest Baltimore City in the area of Park Heights Avenue and Cold Spring Lane, where according to facts recited in the plea, the defendant and codefendant regularly sold marijuana. Specifically, the defendant admitted to selling marijuana in the area for several months from the end of 2018 to early 2019 when the incident occurred. On February 22, 2019 the defendant admitted that he was selling marijuana while armed with a handgun. The defendant then observed a suspicious vehicle that appeared to be watching him and his co-conspirators. The suspicious vehicle parked close by and the defendant called the driver over to speak with him. The defendant then observed that the driver was armed and a struggle to disarm the man ensued. The driver broke free and began to run away, along with two other occupants of the vehicle. The three men were chased by the defendant and his co-conspirator, and multiple shots were fired in their direction. One of the vehicle occupants was shot multiple times and died from his injuries.

The defendant was originally charged with first-degree murder, second-degree murder, first and second-degree assault, firearm use in a crime of violence and handgun possession in the District Court of Maryland on Wabash Avenue. The only charges that made it to the Circuit Court were first-degree murder, firearm use in a crime of violence, firearm possession by a convicted felon, and handgun on person. The case was nolle prossed. in August of 2019 and then filed in Federal Court. The federal government and the defendant have agreed to a plea that includes a jail sentence of 20 to 25 years in prison. Under 18 U.S.C § 924 discharging a firearm in a crime of violence or drug trafficking crime carries a 10-year mandatory penalty. If the judge accepts the guilty plea at the March sentencing hearing plea the sentence will be within the range of 20-25 years, and likely followed by supervised release. This case is another example of the federal government agreeing to prosecute a case that would otherwise be handled in state court. As we have stated over the last several years, the U.S. Attorney’s Office in Maryland is eager to prosecute gun cases in Baltimore City that involve convicted felons, drug trafficking and crimes of violence.

It appears that the defense worked out a favorable plea deal, although 20-25 in federal prison is certainly a heavy sentence. The defendant avoided a murder conviction and a potential life sentence, which even in state court would likely end up being more than 20-25 years. Unlike the federal system that did away with parole, Maryland still paroles almost all of its prison inmates at some point. Parole for a life sentence though is still not a foregone conclusion. The Blog will continue to follow this case and other state cases that are picked up and prosecuted by the feds. As long as the gun violence in Baltimore City remains at critical levels the feds will continue to intervene with prosecutions. Benjamin Herbst is a Maryland criminal defense attorney who specializes in gun crimes and federal weapons crimes such as handgun possession by a convicted felon, use of a firearm in a crime of violence or drug trafficking crime, improper exhibition of a firearm, assault, carrying a concealed firearm, murder and attempted murder. He is also licensed to practice criminal defense in Florida, where he has won numerous jury trials for the most serious of gun offenses. Contact Benjamin anytime for a free consultation at 410-207-2598 or 954-543-0305 in Florida.

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Published on: July 14, 2020

Baltimore County Drug Offender Sentenced in Federal Court

By Benjamin Herbst

Federal law enforcement has made fentanyl a major priority, and last week a 26-year old Baltimore County man was sentenced to a decade in prison for possession with intent to distribute the deadly narcotic. According to the statement of facts in the guilty plea, a Woodlawn man fled from Baltimore County Police after they tried to initiate a traffic stop. During the pursuit officers allegedly observed the suspect throwing objects out of his car window as he fled. Eventually police caught up with the suspect and search incident to arrest produced a digital scale and a baggie with 40 grams of fentanyl. Had law enforcement stopped there the man would likely have been prosecuted in state court, but a search of his home pursuant to a warrant produced far more incriminating evidence. Police ultimately discovered 3 kilograms of fentanyl and a loaded .380 caliber handgun. The U.S. Attorney’s Office stated in its press release that this amount of fentanyl would be enough to kill 1.5 million people. The suspect was also prohibited from possessing firearms based on a previous drug conviction in the Circuit Court for Baltimore County. He also had an earlier drug possession conviction in Baltimore City and a probation before judgement for driving on a suspended license.

The facts of the case were not especially unique and from what we can see the defendant was not alleged to have been an interstate drug trafficker, but the federal government still elected to prosecute this case. For the last several years the feds have picked up gun and drug cases arising from Baltimore City, but with the sheer amount of fentanyl plus a gun being involved it is no surprise this Baltimore County case went federal. Most of the time a defendant would much rather be prosecuted in Maryland state court, as the sentencing guidelines are typically lower and there is parole. However, under these circumstances the defendant likely would have received a similar sentence in state court, as he would have been subject to three Maryland mandatory sentence provisions. Anyone who is found to be in possession of more than five grams of fentanyl faces a mandatory 5 years in prison. Additionally, the possession of a firearm in a drug trafficking crime carries a 5-year minimum prison sentence under state law. The Woodlawn man may have also been subject to charges for possession of a firearm by a convicted felon/ person with a drug conviction under 5-601. This offense also carries a 5-year mandatory sentence that cannot be suspended unless the prior offense had been closed for more than 5 years. Closed means probation and parole must have been completed.

The Blog will continue to follow cases traditionally prosecuted in state court that are picked up by federal law enforcement. A general rule is that any convicted felon who is arrested with a gun in Baltimore City could face federal prosecution, but now it is clear the feds are branching out to the County and other Maryland jurisdictions. Based on this press release it is also clear that federal law enforcement agencies are actively pursuing anyone involved in fentanyl distribution. If you have been charged with a gun or drug crime anywhere in Maryland or Florida call criminal defense lawyer Benjamin Herbst anytime at 410-207-2598. Benjamin specializes in charges for drug possession, drug distribution, possession with intent to distribute and possession of a firearm by a convicted felon or disqualified person. He offers free consultations and is available to defend clients from the Eastern Shore to Western Maryland.

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Published on: July 1, 2020

State Police Announces Multiple Arrests

By Benjamin Herbst

Tens of thousands of people travel along Route 50 from Annapolis to Ocean City each summer, and few complete their journey without seeing a Maryland State Trooper parked in the median, or actively writing a traffic citation on the shoulder. The state police have a highly visible presence on all major highways and interstates in Maryland, but it is a common misconception that troopers operate exclusively in a highway patrol capacity. Highway patrol is a major function of the Maryland State Police; nearly 75 percent of all troopers are assigned to the Field Operations Bureau that patrols the state’s highways, but that still leaves a few hundred troopers who are assigned to other divisions of the agency. The Criminal Investigative Bureau or CIB is another major branch of the MSP, and is responsible for investigating violent crimes and large-scale drug violations that occur across the state. The CIB works in cooperation with county and local law enforcement from all corners of the state, and in this past week assisted in arresting suspects from Ocean City to Allegany County.

State police troopers from the CIB began last week by arresting a 36-year old mand from Frostburg on charges of second-degree assault and animal cruelty. The Western Maryland man was released by a district court commissioner on a $2,500 unsecured personal bond, which he will only have to pay if he fails to appear in court. The next day the Firearms Enforcement Unit of the CIB arrested a 27-year old Baltimore man on gun charges that included possession of a firearm by a convicted felon. Another day passed and troopers from the CIB arrested a in Baltimore County man for possession of a firearm by a disqualified individual. The state police used information from the Ocean City Police Department to make this arrest. Troopers went on the arrest two more individuals on various charges this same day. The first was arrested on an open arrest warrant in Baltimore City for making a false statement to an officer, and the second suspect was arrested in Cumberland on an arrest warrant for electronic harassment.

While none of these arrests will generate major news headlines on the traditional media outlets, they do serve as a reminder that state police troopers are actively investigating and pursuing suspects across Maryland. Regular readers of the Blog are already aware that the governor has made state police resources available to fight violent crime and gun crime in Baltimore City, but gun crimes are a major priority for the MSP no matter where they occur. Maryland has some of the toughest gun laws in the region, and law enforcement officers are not sympathetic to those who are unaware of just how strict the laws are. State troopers, like all county and local police officers, will arrest any person who is illegally carrying or transporting a firearm without a concealed carry permit. These permits are extremely difficult to obtain, and out-of-state permits are not valid in Maryland. Anyone who owns a firearm should be extremely careful about taking their firearm outside of their home, and should regularly keep updated on all the applicable state gun laws.

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Published on: February 26, 2020

Governor and Lawmakers Spar Over Crime Bills

By Benjamin Herbst

The Maryland governor has not been shy about his strong desire to do whatever is necessary to curb gun violence in Baltimore City, and he recently called out state lawmakers for dragging their feet on enacting stricter gun legislation. Since the 2020 legislative session began in January there have been over 100 shootings in Baltimore City, and each incident is a constant reminder that efforts to reverse the alarming crime rate have been largely ineffective. In response to the violence, three new criminal justice bills were introduced with the unwavering support from the governor himself. The first bill, entitled The Violent Firearms Offenders Act, was designed to increase punishments for certain firearms offenses, and includes brand new mandatory prison sentences for certain crimes. The next bill, The Judicial Transparency Act, was introduced as a measure to hold Circuit Court judges accountable for their sentences in certain violent offenses such as robbery, carjacking, sexual assault, kidnapping, arson and first-degree assault by establishing a database for all sentences handed down in theses cases. The third bill, The Witness Intimidation Prevention Act, was introduced to increase penalties for witness tampering and witness intimidation. All three of these bills allegedly have received overwhelming support from the Baltimore City residents and Maryland residents alike, but all three appear to be going nowhere in Annapolis.

The governor recently expressed his displeasure with the legislature for not jumping at the opportunity to push these bills toward his desk for a signature, but he should understand that not all bills designed to punish criminals are beneficial. It is easy for the public to stand behind a bill that increases punishment for gun offenders, but when minimum mandatory sentences are involved the cost can outweigh the benefit. The Violent Firearms Offenders Act increases the penalty for using a firearm in a crime of violence and adds possession of a firearm as a non-technical probation violation. Both of these provisions seem reasonable, and are not likely causing the legislature to second guess the bill. In our opinion the holdup appears to be related to the establishment of new mandatory sentences for theft of a firearm and for transferring a firearm to a prohibited individual. The bill seeks to add a 2-year mandatory sentence for theft of a firearm and unlawful transfer of a firearm for all defendants, including first-time offenders. These mandatory sentences will not allow the judge to consider all factors such as the defendant’s background, lack of intent to commit a violent crime and age. In essence the mandatory penalty groups all defendants and their cases together, which does not promote a just sentence.

The Judicial Transparency Act takes a degree of autonomy away from judges, and flies in the face of separation of powers. Judges should not have to worry about how their particular sentence would look in a database. They are entrusted with the responsibility to hand down a just sentence based on the facts of the case and the characteristics of the defendant. A database, especially one that will become highly political, will undermine the autonomy of the bench and should not be established. As for the Witness Intimidation Act, we believe this bill will be eventually approved by the General Assembly, though its effectiveness as a deterrent is arguable. The current witness intimidation laws already provide strict punishments.

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Published on: February 18, 2020

Second Baltimore Robbery Defendant Sentenced

By Benjamin Herbst

The second of two defendants who committed a 2018 armed robbery in Baltimore City was sentenced last week to 9 years in federal prison. The 29-year old defendant was originally charged in state court with, but about 7 months after the robbery the Baltimore City State’s Attorney’s Office entered the charges nolle prosequi, which meant they declined to prosecute the case. While a nolle pros. is usually a cause for celebration, in this case it was the opposite, as the case was dismissed in state court after federal prosecutors decided to take over.

As detailed in guilty plea, in February of 2018 the defendant and another Baltimore City man walked into a restaurant brandishing a firearm and demanded money from the cash register. In addition to taking cash from the register and the tip jar, the defendants also took personal belongings at gunpoint from patrons at the restaurant. After the defendants left the restaurant a 911 call to the Baltimore Police was placed and officers arrived on scene shortly thereafter. One officer was canvassing the area of the robbery, and located two suspects in an alley counting cash up against a brick wall. The suspects matched the description in the 911 call, and the counting money in an alleyway was certainly another cause for concern. Both suspects were detained and searched, and police found $272 in cash, a bag of change, two masks, two bandannas, two cell phones that belonged to victims and a receipt from the restaurant. Police also found a loaded handgun in the vicinity that matched the description a victim gave of the gun used in the robbery.

There was little question that police had detained and arrested the right suspects, and a show-up identification by the victims confirmed what police already knew. The only questions remaining were who would prosecute the case, and how much time the defendants would receive. Initially the case began as a Baltimore City District Court case, and a month after the incident the State filed a 25-count indictment in the Circuit Court for Baltimore City, which included charges for first and second degree assault, armed robbery, robbery, use of a firearm in a crime of violence and firearm possession by a convicted felon. The charges regarding firearm use in a violent crime and possession by a convicted felon both carry 5-year mandatory minimum sentences upon conviction. Either way the defendants were likely going to serve at least 5 years, but ultimately the feds decided they would prosecute the case.

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