DOJ Seal

Department of Justice

U.S. Attorney's Office
District of Colorado

For Immediate Release

Tuesday, February 9, 2016
John F. Walsh
, United States Attorney
Contact: Jeff Dorschner

Colorado Springs Man Sentenced to 60 Months in Federal Prison for Being a Felon in Possession of a Firearm

Defendant, who had prior felony convictions, was caught in car with other occupants when law enforcement found his backpack which contained a revolver

DENVER – Michael Alvares Fykes, age 45, of Colorado Springs, Colorado, was recently sentenced by U.S. District Court Judge R. Brooke Jackson to serve 60 months in federal prison for being a felon in possession of a firearm, U.S. Attorney John Walsh and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Denver Division Special Agent in Charge Ken Croke announced.  Following his prison sentence, Fykes was ordered to spend 3 years on supervised release.  The defendant, who appeared at the sentencing hearing in custody, was remanded at the hearing’s conclusion.

 

Fykes was first charged by Criminal Complaint on May 8, 2015.  He was then indicted by a federal grand jury in Denver on May 21, 2015.  On August 28, 2015, following a 3-day jury trial, Fykes was found guilty of being a felon in possession of a firearm.  He was sentenced by Judge Jackson on January 29, 2016.

 

According to the facts presented at trial, as outlined in the government’s sentencing statement, on February 1, 2015, at approximately 4:22 p.m., a male in Colorado Springs called 911 and told the operator he was calling on behalf of a female who was involved in prostitution.  Prior to the 911 call, the male caller had contacted the female for sexual services after viewing her website advertisement.  When the female arrived at the male’s residence she was visibly nervous and scared.  Rather than pursue sexual services, the male called the police for help.  The female left the residence with two males in a red Pontiac before the police arrived.

 

Officers from the Colorado Springs Police Department (CSPD) arrived at the callers location.  One officer while responding noticed a 1999 red Pontiac Grand Prix in a driveway.  The CSPD officer blocked the driveway with a squad car, preventing the red Pontiac from fleeing.  The officer then approached the vehicle’s passenger side and asked the occupant, later identified as Fykes, to exit the vehicle.  Another CSPD officer asked the driver to exit the vehicle.  Both males complied with CSPD commands. 

 

Officers interviewed the two males in the car, the young female who was the subject of the 911 call who was seated in the back of the red Pontiac, and the original 911 caller.  As a result of those interviews, the driver and the passenger (Fykes) were arrested on state charges of human trafficking for sexual servitude.  CSPD officers then impounded the Pontiac as it was used in the commission of a felony.  Prior to impounding the vehicle, officers did an inventory search.  During the search officers found a black backpack.  In the unzipped pouch of the backpack the officers found a Taurus .45 caliber revolver.  The bag also contained Fykes’ Passport.  After finding the weapon, CSPD stopped the inventory search and obtained a search warrant.

 

Fykes’ criminal history revealed that he was a convicted felon, which by law prohibited him from possessing a weapon.  His convictions included a Felony Menacing in Adams County District Court in 1992; Conspiracy to possess with intent to distribute and to distribute cocaine in U.S. District Court in Colorado in 1992; Theft in El Paso County District Court in 1992; and Possession of a controlled substance in Los Angeles Superior Court in 2003.  The state charges of human trafficking were dismissed against Fykes and the driver of the vehicle as the victim of the crime fled and could not be found.

 

“Thanks to the hard work of the Colorado Springs Police Department in conjunction with the ATF, a previously convicted felon who was caught with a firearm will now spend the next 5 years away from his family as punishment for his crime,” said U.S. Attorney John Walsh.

 

"Fykes is a habitual felon who was indiscriminate in his criminal activity. He has been involved in drug trafficking, illegal possession of firearms and robbery,” said ATF Special Agent in Charge Ken Croke. "Colorado Springs PD should be commended for putting this dangerous felon back behind bars."

 

This case was investigated by the Colorado Springs Police Department and the ATF.

 

Fykes was prosecuted by Assistant U.S. Attorneys Jason St. Julien and Kurt Bohn.

 

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Field Division: Denver Field Division