DOJ Seal

Department of Justice

U.S. Attorney's Office
District of Maryland

For Immediate Release

Thursday, March 3, 2016
Rod J. Rosenstein
, United States Attorney
Contact: AUSA Vickie E. Leduc

Convicted Felon Involved in a 2015 Shoot-Out Admits to Illegal Possession of a Gun

Greenbelt, Maryland – Anthony Tyrone Smith, Jr., age 31, of Capitol Heights, Maryland, pleaded guilty on March 2, 2016 to being a felon in possession of a firearm, in connection with a shoot-out at a Capitol Heights carryout. 

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Interim Chief Henry P. Stawinski of the Prince George’s County Police Department.

According to his plea agreement, on January 20, 2015, Smith was inside a carryout restaurant located in the 4800 block of Marlboro Pike in Capitol Heights.  As Smith was leaving (but was still in the vestibule area), two masked men armed with guns approached the carryout entrance.  Smith retreated from the vestibule area back into the carryout.  Security footage shows Smith holding a black handgun.  Smith and the two masked men exchanged gunfire through the doorway between the vestibule area and the waiting area inside the carryout.  Smith was shot in the right hand.  The masked men fled and Smith ran away to a barbershop across the street from the carryout.  Responding Prince George’s County Police officers followed a blood trail from the carryout to the barbershop.  The officers recovered a loaded .38 caliber semi-automatic pistol from under a sink in the bathroom.  The gun had smears of blood on it.  Smith admitted that he possessed the gun while he was in the carryout. Investigation revealed that the gun had been reported stolen in Susquehanna Township, Pennsylvania in 2014.  Smith has two previous felony drug convictions and was prohibited from possessing a firearm or ammunition.

Smith faces a maximum penalty of 10 years in prison.  U.S. District Judge Paul W. Grimm has scheduled sentencing for June 20, 2016, at 1:00 p.m.

United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation.  Mr. Rosenstein thanked Special Assistant United States Attorney Matthew L. Paeffgen and Assistant U.S. Attorney Ray D. McKenzie, who are prosecuting the case.

Field Division: Baltimore Field Division