FOR IMMEDIATE RELEASE
Thursday, April 10, 2008
DONALD J. BRUMFIELD SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on April 9, 2008, before Chief U.S. District Judge Richard F. Cebull, DONALD J. BRUMFIELD, a 28-year-old resident of Tangipahoa, Louisiana, appeared for sentencing. BRUMFIELD was sentenced to a term of:
- Prison: 12 months
- Special Assessment: $100
- Supervised Release: 3 years
BRUMFIELD was sentenced in connection with his guilty plea to possession of a firearm while under an Order of Protection.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On June 13 2006, BRUMFIELD was placed under an Order of Protection in the Twenty-First Judicial District Court in the City/Parish of Tangipahoa, Louisiana. The court issued the Order of Protection after a hearing in which BRUMFIELD had an opportunity to participate. At that hearing, the judge made the following factual findings: the petitioner was a current or former unmarried intimate cohabitant; the allegations presented constituted an immediate and present danger of abuse; and the petitioner had good and reasonable grounds to fear for her safety. The Order restrained BRUMFIELD from abusing, harassing, stalking, following or threatening the petitioner in any manner whatsoever, explicitly including "the use, attempted use, or threatened use of force or physical violence that would reasonably be expected to cause bodily injury." The Order was in effect until November 30, 2007. The Order also explicitly advised BRUMFIELD that he was not to possess a firearm or ammunition.
On September 12, 2006, officers with the Billings Police Department were making efforts to prevent a reportedly planned retaliation for a recent shooting at the "12th Planet." In this effort, officers went to the area around 296 Monroe to calm the situation and identify persons present, including persons known to be likely targets of a retaliatory shooting. Officers located several people, including a female and male in a car. An officer identified the male passenger as BRUMFIELD. The officer received consent from the female driver to search the vehicle. A handgun was located in the glove compartment where BRUMFIELD was sitting. The gun was loaded with 12 rounds in the magazine. BRUMFIELD claimed the gun was his and said he did not tell the officer it was there because he did not expect the officer to search the vehicle. When BRUMFIELD overheard the police radio traffic concerning his Order of Protection, BRUMFIELD acknowledged the Order and said the Order was from his ex-girlfriend and she was not around.
The recovered firearm was identified as a Browning Hi Power 9mm handgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRUMFIELD will likely serve all of the time imposed by the court. In the federal system, BRUMFIELD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
The investigation was a cooperative effort between the Billings Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."
