For Immediate Release
Kanawha County Man Sentenced to Prison for Federal Gun Crime
CHARLESTON, W.Va. — Randell Lee Proctor, 45, of Belle, was sentenced today to four years in prison, to be followed by three years of supervised release, for possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.
According to court documents and statements made in court, on Dec. 29, 2022, Proctor possessed a Hi-Point, model C9, 9mm semi-automatic pistol in the Rand area of Kanawha County. Proctor fired two rounds with the firearm while outside a residence, one into the air and the other into the front porch ceiling of the residence while his girlfriend was inside. Law enforcement officers responding to complaints about the gunshots encountered Proctor inside the residence, where they recovered the firearm.
Federal law prohibits a person with a prior conviction for a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Proctor knew he was prohibited from possessing a firearm because of his prior convictions for domestic battery on Sept. 15, 2016, Nov. 26, 2013, Jan. 24, 2005, and Sept. 24, 2002, all in Kanawha County Magistrate Court.
The court granted an upward variance from Proctor’s original sentencing range. The court cited several factors including Proctor’s prior convictions and criminal history, the fact that he discharged the firearm during an active domestic violence altercation and the danger to the community he posed by discharging a firearm in a residential area.
“With the upward variance granted by the Court, today’s sentence reflects the seriousness of this defendant’s crime and protects the public,” said U.S. Attorney Will Thompson. “This defendant has a significant criminal history of domestic violence crimes dating back two decades. The fact that he fired shots in this incident raises grave concerns that his tendency toward violence in his domestic relationships is escalating.”
Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kanawha County Sheriff’s Office.
“This case shows why domestic abusers should not possess firearms. They pose extreme danger to intimate partners, family and to the public,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division, which covers all of West Virginia. “ATF prioritizes these cases and will work alongside our law enforcement partners, including the Kanawha County Sheriff’s Office, to protect the community and send these dangerous offenders to federal prison, where they belong.”
U.S. District Judge Irene C. Berger imposed the sentence. Assistant U.S. Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for case number 2:23-cr-74.