FOR IMMEDIATE RELEASE
Friday, July 25, 2008
CHAD RAE FRANKLIN PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on July 24, 2008, before U.S. Magistrate Judge Keith Strong, CHAD RAE FRANKLIN, a 29-year-old resident of Great Falls, pled guilty to being a felon in possession of a firearm. Sentencing is set for October 30, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 6, 2007, Great Falls Police Officers responded to a suspicious person complaint. A 911 caller reported someone was "rattling" the locked front door of her residence. The caller looked out the window where she saw a white male wearing a dark baseball cap walking past the window. She went outside and saw the same male inside her car. She confronted the male and he left quickly westbound in the alley. The caller noted about ten music CD's were missing from her vehicle.
Officers checked the area for the suspect and saw two people standing near a green metal dumpster in the 1000 block of 2nd Alley North. Officers illuminated them with a car spotlight and saw a male and female both looking back at the officers. The male fled westbound and officers could see he had an illuminated head lamp making him visible as he fled eastbound onto 1st Avenue North. Officers gave chase and the female, who was wearing a yellow and black jacket, walked a short distance to the nearby Loaf and Jug where she was contacted by law enforcement.
The male was found hiding in a garden type shed in a back yard. The male was wearing a dark baseball cap and dark clothing and matched the description of the suspect given by the 911 caller. The male identified himself as CHAD FRANKLIN.
Officers found a black bag containing various items of personal property near a garbage can in the 1000 block of 2nd Alley North. The items did not appear to be garbage and inside was a black case containing three handguns and ammunition. An individual responded to the Police Department and identified some of the property in the bag as his, including the handguns. The individual advised all of the property had been in his vehicle which he did not believe had been damaged. The individual lived approximately forty feet from where FRANKLIN was captured.
FRANKLIN waived his right to counsel and answered questions. FRANKLIN was advised of the positive identification made by the 911 caller and he admitted he entered her car and stole some CDs. FRANKLIN said the large black bag found by Officers near the dumpster was his and he had brought it along to carry the stolen property. FRANKLIN advised he broke into three or four cars and stole various items including CDs and money. FRANKLIN admitted he stole the three handguns from a vehicle in the same area. Officers took FRANKLIN back out in a patrol car and FRANKLIN pointed out the cars which he had entered, one of which was the individual's vehicle who responded to the police department.
The United States would prove FRANKLIN was convicted of crimes punishable by imprisonment for a term exceeding one year under the laws of Montana. The crimes are: burglary, a felony, docket number DC-06-17, Mussellshell County, Montana, conviction date May 24, 2007; and burglary, a felony, docket number DDC-06-358, Cascade County, Montana, conviction date April 12, 2007. As a result of these convictions, FRANKLIN is a prohibited person under 18 U.S.C. § 922(g).
The United States would prove that the weapons and ammunition referred to in Count I are a Phoenix Arms .22 caliber pistol serial number 4155707; a Hi Point nine millimeter pistol serial number P098161; a VZOR .32 caliber pistol serial number 695469 and 150 rounds of .22 caliber ammunition all of which the United States would prove was manufactured outside the state of Montana and transported into the state by interstate commercial carriers.
FRANKLIN faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
Special Assistant U.S. Attorney Kory Larsen prosecuted the case for the United States.
The investigation was conducted by a cooperative effort between Immigration and Customs Enforcement; the Bureau of Alcohol, Tobacco, and Firearms; and the Great Falls Police Department.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
