CHARLESTON, W.Va. –  Defendants in three separate cases appeared in federal court and have been sentenced to prison, announced United States Attorney Mike Stuart.

“Violence won’t be tolerated.  Each one of these defendants posed a threat of violence to our communities,” said United States Attorney Mike Stuart.  “While we have significantly increased the number of prosecutions of gun law violators and violent drug dealers, we continue our work with a sense of urgency to protect the public from gun violence.” 

Dachaun Marcies Thaxton, of Charleston, was sentenced to 106 months in prison for possession with intent to distribute methamphetamine and possession of firearms in furtherance of drug trafficking crimes.  Thaxton was also ordered to serve a five year term of supervised release.  Thaxton previously admitted that on March 14 and 19, 2019 and April 1, 2019, he distributed methamphetamine to a confidential informant working with law enforcement in Dunbar, Kanawha County, West Virginia. On April 5, 2019, officers executed a search warrant at his residence located in Solon Court in Dunbar and located one Bushmaster AR-15 rifle with a loaded magazine in the fire position and one Anderson Manufacturing AR-15 rifle loaded with a 90 round drum also in the fire position in the front bathroom. In that same bathroom, officers also found a Cai-Georgiavt AK-47 with a chambered round and loaded magazine. In the rear bedroom, officers found approximately 360 grams of methamphetamine that Thaxton admitted he intended to distribute. Thaxton admitted to possessing the firearms to protect his drugs, drugs proceeds, and himself. Thaxton also admitted that at the time he possessed the firearms, he was a felon.  The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Monica D. Coleman handled the prosecution.

Tyerice Martell Irvin, of Columbus, Ohio, was sentenced to 60 months in prison for carrying a firearm during a drug trafficking crime.  He will also serve five years on supervised release after completing his prison sentence.   Irvin previously admitted that on April 5, 2019, he was a passenger in a vehicle that was stopped by law enforcement for a traffic violation. Based on the smell of marijuana in the vehicle, officers decided to conduct a search of the vehicle and Irvin was asked to step out of the vehicle, which he did. An officer then began to pat Irvin down for weapons. During the pat down, the officer felt a firearm on Irvin.  Irvin pushed the officer and fled the area.  Officers began to chase Irvin and he ran toward the area of the stores at Patrick Street Plaza. During the chase, Irvin admitted to throwing a loaded semi-automatic Beretta 948 .22 caliber semi-automatic pistol into a dumpster near the Rent-A-Center store while fleeing. He also ran through the Rent-A-Center store where he threw a bag of marijuana in his possession. Officers eventually apprehended him in front of the Rent-A-Center store. Officers found a bag of what they believed at the time was heroin on Irvin but laboratory testing later confirmed the substance to be 3.167 grams of fentanyl. Officers recovered both the marijuana, the fentanyl, and the Beretta 948 .22 caliber semi-automatic pistol. Officers also recovered a SCCY CPX-2 9 millimeter semi-automatic pistol in another dumpster along the route Irvin ran. Irvin admitted that he knew the substance that he possessed was a controlled substance and that he intended to distribute it and that he was carrying the Berretta 948 .22 caliber semi-automatic pistol to protect his drugs, his drug proceeds, and himself. He further admitted that he knew he was prohibited from possessing the firearm because he is a convicted felon.  The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Monica D. Coleman handled the prosecution.

Mark Matthew Smith, 30, of Parkersburg, was sentenced to 37 months in federal prison for possessing a firearm after being convicted of a felony.  Upon release from prison, Smith will serve three years of federal supervised release.  On December 6, 2017, Smith was a passenger in a vehicle stopped by Parkersburg Police at 3:00 a.m. at the intersection of East Street and 7th Street.  Smith admitted that there was a firearm in the vehicle but refused to tell the officer where it was.  When Smith began moving his arm toward the vehicle’s center console, the officer directed Smith to get out of the vehicle.  An officer retrieved a KAHR .45 caliber pistol from the passenger seat floorboard.  Smith was wearing a concealed carry holster wrapped around his chest.  An officer ran Smith’s criminal history and learned that he had been convicted of several felonies including forgery, grand larceny, and drug possession.  Upon searching him incident to the arrest, police found methamphetamine, cocaine base, several buprenorphine tablets, five counterfeit $100 bills, and six Social Security cards belonging to other people in Smith’s pockets.   On October 31, 2019, Smith pled guilty in federal court to being a felon in possession of a firearm.  The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.   United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Joshua C. Hanks handled the prosecution. 

These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

 

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