FOR IMMEDIATE RELEASE
Thursday, May 15, 2008
TESSIE KAY HAMILTON 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 May 15, 2008, before Chief U.S. District Judge Richard F. Cebull, TESSIE KAY HAMILTON, age 29, appeared for sentencing. HAMILTON was sentenced to a term of:
- Prison: 12 months
- Special Assessment: $100
- Supervised Release: 1 year
HAMILTON was sentenced in connection with her guilty plea to perjury.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On September 9, 2006, officers with the Billings Police Department responded to a shooting at the "12th Planet." The incident involved multiple shooters, firing multiple weapons. Two persons were shot and a massive investigation commenced. Over the next three days, investigators learned the names of involved persons and began hearing information that a retaliation shooting was planned.
On September 12th, 2006, officers went to the area near 296 Monroe because they had information that such a retaliation might be aimed at persons known to live there. When officers arrived, they observed several people assembled outside. The officers contacted people in the group and began to identify them and speak with them.
One officer contacted two people who were sitting in a parked car, including the driver, HAMILTON, and a male passenger, Donald Brumfield. The officer received consent from HAMILTON to search the vehicle. The search led to the recovery of a firearm in the glove compartment, where Brumfield was seated. Brumfield advised the officer that the firearm was his.
Because Brumfield was prohibited from lawfully possessing a firearm, the United States indicted him in United States District Court for a federal gun offense. Following this indictment, Brumfield filed a motion to suppress evidence in his case. A primary issue was the voluntariness of HAMILTON'S consent.
On October 4, 2007, an evidentiary hearing was held. Four witnesses testified, including HAMILTON. Before her testimony, HAMILTON was sworn to testify truthfully. When asked whether she had ever been arrested in her life, for anything, she answered, "No." When asked if she ever had any experience with law enforcement, she answered, "I haven't." When asked again if she had ever been in jail, she answered, "No, never."
HAMILTON also testified that she and Brumfield were "completely shocked" by the discovery of the gun and had no idea it was there. She further testified that Brumfield made no admissions about the gun and made no comments that he wanted the gun back.
After the hearing concluded, law enforcement witnesses were skeptical about HAMILTON'S truthfulness in her testimony and began investigating her criminal history. Records showed her statements about having no involvement in the criminal justice system were plainly false. Jail records and law enforcement records indicated she had been arrested and incarcerated at least twice in felony cases. At the time of the evidentiary hearing, HAMILTON was then under indictment for a felony drug offense in the state of Utah. Another felony prosecution, this one from Yellowstone County, had concluded only the week prior to the evidentiary hearing.
Because of the issues before the Court at the hearing, and because HAMILTON'S testimony differed in several respects from that of other witnesses, her credibility was material to the Court's analysis and ruling. On this point, the Court issued an Order in which it highlighted the importance of HAMILTON'S credibility and found it lacking. The Court noted, ". . . HAMILTON obviously made false statements under oath. . . ."
As to HAMILTON'S testimony that Brumfield made no admissions about the firearm, this was later contradicted by Brumfield himself. Brumfield pled guilty to the indictment on October 29, 2007. At his change of plea hearing, Brumfield acknowledged and admitted that he claimed the gun was his and admitted possessing it to an officer. Far from being "completely shocked" at its discovery, Brumfield told the Court how he had purchased the firearm and hoped to sell it for a profit. HAMILTON'S suggestion under oath that Brumfield was unaware of the gun's presence was also demonstrably false.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMILTON will likely serve all of the time imposed by the court. In the federal system, HAMILTON 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.
