Bureau of Alcohol, Tobacco, Firearms and Explosives

A Cleveland man was indicted in federal court for having an unlicensed machine gun.

Toriano A. Leaks, Jr., 20, was indicted on two counts of illegal possession of a machine gun.

Leaks on April 10 possessed a Glock .40-caliber that had been modified into a machine gun. He also possessed a select fire auto-sear, which is used exclusively for converting a weapon  into a machine gun, according to the indictment.

Leak also possessed 21 rounds of ammunition and three magazines, with capacities of 15, 20 and 30 rounds of ammunition, according to court documents.

The investigation is ongoing.

“Adding this specific part to a handgun to make it fully automatic makes that firearm illegal and puts the public at risk,” U.S. Attorney Justin Herdman said. “We will work with our law enforcement partners to prosecute all firearms violations, and especially to stop the flow of these parts into the country.”

“The possession of illegal firearms is a violation of federal law and a threat to public safety,” said Jonathan T. McPherson, Special Agent in Charge of ATF’s Columbus Field Division.  “ATF will continue to work closely with our law enforcement partners to protect our communities.”

Bedford Police Chief Martin Stemple said: “In reference to the Toriano Leaks arrest and indictment: Officer Stanton while patrolling the City of Bedford, observed a vehicle with some seemingly minor traffic violations, and conducted a traffic stop. Through some keen observations and excellent police work, Officer Stanton developed a routine traffic stop into an arrest of a dangerous individual.  Because of the Officer's relentless determination, the individual's true identity was learned, a weapon and ammunition along with narcotics were all confiscated. The weapon was modified to fire fully automatic, and was found under the driver's seat, fully loaded with high-capacity magazines. This incident just goes to show the dangers our officers face, even on something that appears to start out as a minor traffic violation.”

“Keeping weapons out of the wrong hands is critical to keeping our communities safe and to prevent gun violence, we are committed to remaining vigilant to ensure firearms and any firearm parts are acquired while abiding federal laws,” said HSI Acting Special Agent in Charge Angie Salazar.

This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.

If convicted, the defendant's sentence will be determined by the Court after reviewing factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bedford Police Department Homeland Security Investigations. It is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.

An indictment is only a charge and is not evidence of guilt.  The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.  

###