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http://www.jsonline.com/news/milwaukee/80555107.html
10-year sentence sought in straw-buyer gun case
In a sentence that would be among the toughest handed down, a federal prosecutor is recommending 10 years in prison for the man who bought the gun allegedly used to shoot two Milwaukee police officers last year.
The sentencing Thursday of Jacob Collins could be a bellwether for future cases of straw buyers - people without criminal records who buy guns for felons.
They typically get probation or less than a year in prison because of their clean records and the notion they have not committed a violent crime, according to a review of five years of federal court records.
Collins' attorney is asking for probation, saying his client had no way of knowing how the gun would be used.
Assistant U.S. Attorney John Manning is arguing, however, the Collins case cries out for a heavy sentence from U.S. District Judge Lynn Adelman to scare others who are tempted to buy a gun for a felon.
"Unlike the vast majority of sentencings which take place in this courthouse, the people of this city will be paying attention to this," Manning wrote in a sentencing memo. "The court has an opportunity to send a message that will resonate and deter potential offenders long after the defendant is sentenced."
Collins, 22, admits he purchased a Taurus .40-caliber pistol at Badger Guns and sold it for $40 to Julius Burton, 19, who was not old enough to buy it from the West Milwaukee store.
Burton is charged with using the weapon to shoot officers Graham Kunisch and Bryan Norberg. Both officers were shot in the head from close range but survived.
At the heart of the vastly different recommendations is the question of whether Collins holds responsibility for what Burton is accused of doing with the gun.
The prosecutor argues Collins had reason to believe Burton would shoot someone with the gun based on what he said before the purchase. He called 10 years a fair sentence for having a hand in attempted murder.
Public defender Daniel Stiller said Collins is developmentally disabled and didn't understand fully what was happening.
"Jacob Collins told a lie. The telling of a lie was a crime. Jacob Collins should be punished for that illegal lie but only for that illegal lie," Stiller wrote in his memo.
Police and prosecutors in Milwaukee have hammered for more than a decade on the need to crack down on straw buyers, calling for tougher penalties and more scrutiny by Badger Guns and its predecessor, Badger Outdoors.
Badger Guns and Badger Outdoors were involved in three-quarters of the straw-gun cases prosecuted in eastern Wisconsin in the past five years, according to federal court records.
In the past two years, all six of the Milwaukee police officers shot were wounded with guns purchased at Badger Guns or Badger Outdoors.
According to court records, Collins went to Badger Guns with Burton in May.
"That's the one I want," Burton told Collins, pointing to the Taurus, records show. Collins told the clerk he wanted the Taurus, but he slipped up on the federal background form, records say.
The form asked if Collins was buying the gun for himself. He answered "no." Collins said he was confused. He was allowed to change his answer. A month later, prosecutors say, Burton used the gun to shoot and gravely injure the officers.
Badger Guns' owner, Adam Allan, has said he wasn't in the store when the gun was sold to Collins - despite what the court documents say. He said the sale would not have gone through if someone pointed out a gun and made that comment within earshot of a clerk.
Straw buying is a federal felony but a misdemeanor in Wisconsin. A bill has been introduced in Madison to make it a felony.
After the two officers were shot, Milwaukee police launched an undercover mission outside Badger Guns and reported signs of straw buying including felons waiting in the car while others go in the store. They also found some felons went in the store and even used the shooting range, which is against the law.
Collins told investigators Burton said he needed the gun for self-defense. Collins said Burton suggested he use a fake address when buying the gun and report it stolen, according to documents. Burton also told Collins he was going file off the gun's serial number, they said. Collins told investigators he had a "gut feeling" something bad was going to happen, documents say.
"All these facts show unequivocally that this defendant knew that Burton was already planning on using the gun in criminal activity," Manning wrote.
A pretrial hearing for Burton is scheduled for Friday.
According to federal guidelines, Collins' sentence would be between 10 and 24 months in prison, depending on factors that Adelman must consider. Collins' maximum sentence is 20 years.
Collins' attorney said the prosecutor's suggestion to go over the guidelines would be a dangerous precedent, fueled by the fact that the shooting victims were police officers.
Stiller said Collins is facing the consequences but others, including the gun store, also played a role in the shooting.
"There is, of course, Badger Guns, which, according to the version of events provided by the government, allowed two young men to suspiciously browse its handguns before an employee seemingly turned a blind eye as the young man incapable of even perfecting the necessary paperwork purchased one," Stiller wrote.
http://www.jsonline.com/news/milwaukee/80555107.html
10-year sentence sought in straw-buyer gun case
In a sentence that would be among the toughest handed down, a federal prosecutor is recommending 10 years in prison for the man who bought the gun allegedly used to shoot two Milwaukee police officers last year.
The sentencing Thursday of Jacob Collins could be a bellwether for future cases of straw buyers - people without criminal records who buy guns for felons.
They typically get probation or less than a year in prison because of their clean records and the notion they have not committed a violent crime, according to a review of five years of federal court records.
Collins' attorney is asking for probation, saying his client had no way of knowing how the gun would be used.
Assistant U.S. Attorney John Manning is arguing, however, the Collins case cries out for a heavy sentence from U.S. District Judge Lynn Adelman to scare others who are tempted to buy a gun for a felon.
"Unlike the vast majority of sentencings which take place in this courthouse, the people of this city will be paying attention to this," Manning wrote in a sentencing memo. "The court has an opportunity to send a message that will resonate and deter potential offenders long after the defendant is sentenced."
Collins, 22, admits he purchased a Taurus .40-caliber pistol at Badger Guns and sold it for $40 to Julius Burton, 19, who was not old enough to buy it from the West Milwaukee store.
Burton is charged with using the weapon to shoot officers Graham Kunisch and Bryan Norberg. Both officers were shot in the head from close range but survived.
At the heart of the vastly different recommendations is the question of whether Collins holds responsibility for what Burton is accused of doing with the gun.
The prosecutor argues Collins had reason to believe Burton would shoot someone with the gun based on what he said before the purchase. He called 10 years a fair sentence for having a hand in attempted murder.
Public defender Daniel Stiller said Collins is developmentally disabled and didn't understand fully what was happening.
"Jacob Collins told a lie. The telling of a lie was a crime. Jacob Collins should be punished for that illegal lie but only for that illegal lie," Stiller wrote in his memo.
Police and prosecutors in Milwaukee have hammered for more than a decade on the need to crack down on straw buyers, calling for tougher penalties and more scrutiny by Badger Guns and its predecessor, Badger Outdoors.
Badger Guns and Badger Outdoors were involved in three-quarters of the straw-gun cases prosecuted in eastern Wisconsin in the past five years, according to federal court records.
In the past two years, all six of the Milwaukee police officers shot were wounded with guns purchased at Badger Guns or Badger Outdoors.
According to court records, Collins went to Badger Guns with Burton in May.
"That's the one I want," Burton told Collins, pointing to the Taurus, records show. Collins told the clerk he wanted the Taurus, but he slipped up on the federal background form, records say.
The form asked if Collins was buying the gun for himself. He answered "no." Collins said he was confused. He was allowed to change his answer. A month later, prosecutors say, Burton used the gun to shoot and gravely injure the officers.
Badger Guns' owner, Adam Allan, has said he wasn't in the store when the gun was sold to Collins - despite what the court documents say. He said the sale would not have gone through if someone pointed out a gun and made that comment within earshot of a clerk.
Straw buying is a federal felony but a misdemeanor in Wisconsin. A bill has been introduced in Madison to make it a felony.
After the two officers were shot, Milwaukee police launched an undercover mission outside Badger Guns and reported signs of straw buying including felons waiting in the car while others go in the store. They also found some felons went in the store and even used the shooting range, which is against the law.
Collins told investigators Burton said he needed the gun for self-defense. Collins said Burton suggested he use a fake address when buying the gun and report it stolen, according to documents. Burton also told Collins he was going file off the gun's serial number, they said. Collins told investigators he had a "gut feeling" something bad was going to happen, documents say.
"All these facts show unequivocally that this defendant knew that Burton was already planning on using the gun in criminal activity," Manning wrote.
A pretrial hearing for Burton is scheduled for Friday.
According to federal guidelines, Collins' sentence would be between 10 and 24 months in prison, depending on factors that Adelman must consider. Collins' maximum sentence is 20 years.
Collins' attorney said the prosecutor's suggestion to go over the guidelines would be a dangerous precedent, fueled by the fact that the shooting victims were police officers.
Stiller said Collins is facing the consequences but others, including the gun store, also played a role in the shooting.
"There is, of course, Badger Guns, which, according to the version of events provided by the government, allowed two young men to suspiciously browse its handguns before an employee seemingly turned a blind eye as the young man incapable of even perfecting the necessary paperwork purchased one," Stiller wrote.
