Bureau of Alcohol, Tobacco, Firearms and Explosives

ALBANY, NEW YORK – A jury today voted to convict Emmanuel Philippe, age 23, of Brooklyn, New York, and Leominster, Massachusetts, of possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm and ammunition as a felon, and possessing and intending to distribute crack cocaine.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Saratoga Springs Police Chief Greg Veitch. 

Evidence presented during the 4-day trial established that on March 17, 2017, at about 3 a.m., Philippe was the subject of a routine traffic stop, for speeding, on West Avenue near the YMCA in Saratoga Springs, New York.  Philippe gave Officers a fake name and fake Massachusetts driver’s license, and said he was on his way to a hotel in Schenectady, New York.

A Saratoga Springs Police Officer detected the smell of marijuana, and Philippe admitted to having marijuana in his car.  Officers ordered Philippe and his passenger out of the car so they could search it.  During the search, Philippe and his passenger stood on the side of the road in the presence of Officers. 

Philippe became visibly nervous as an Officer searched the trunk, and attempted on several occasions to approach the trunk, falsely claiming that his jacket was inside.  Officers asked him to back away from the trunk.

While searching the trunk, an Officer found a plastic bag containing a loaded rifle magazine and rounds of .223 caliber ammunition.  As the Officer called her Sergeant over to see what she had found, Philippe took off running, through a snow-covered field, in the direction of the YMCA.  Officers quickly and safely arrested Philippe in the YMCA parking lot, and found him in possession of 35 tie-off baggies containing crack cocaine. 

In the trunk, Officers located a Windham Weaponry semi-automatic rifle, loaded with a 30-round magazine and with its safety turned off; another loaded, 30-round magazine; a total of 165 rounds of Federal .223 caliber ammunition; and 22 rounds of Federal 9 millimeter ammunition.  In Philippe’s possession and in the car, Officers also located $1,610 in cash, 2 digital scales, and drug packaging materials.

Philippe, who has a prior felony conviction for attempted grand larceny, faces at least 5 years and up to 25 years in prison when he is sentenced on December 6, 2018 by United States District Judge Mae A. D’Agostino.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  Philippe, a lawful permanent resident of the United States and citizen of Haiti, may face immigration consequences as a result of his convictions. 

This case was investigated by the ATF and Saratoga Springs Police Department, with the assistance of the Saratoga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

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