DOJ Seal

Department of Justice

U.S. Attorney's Office
Middle District of Florida

For Immediate Release

Wednesday, March 9, 2016
A. Lee Bentley, III
, United States Attorney
Contact: William Daniels

North Fort Myers Felon Sentenced to Federal Prison for Possessing a Firearm and Ammunition

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Joseph Alan Milkey (38, North Fort Myers) to 3 years and 10 months in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the .40 caliber pistol and 8 rounds of ammunition that were involved in the commission of the offense. Milkey pleaded guilty in November 2015.

According to court documents, on August 28, 2015, a sergeant from the Fort Myers Police Department responded to a call concerning a male and female engaged in an argument in the parking lot of the Sports Authority store located at 2317 Colonial Boulevard. Upon arrival, the sergeant approached the vehicle and made contact with Milkey and the female, and asked if they were both okay. The sergeant then asked Milkey to exit the vehicle; instead, he attempted to flee. Soon thereafter, he was apprehended by officers. Milkey then pulled his arm free from the officers’ grasp, and reached into the waistband of his pants, where the sergeant observed a handgun. The firearm was secured by the officers and later identified as a Smith and Wesson .40 caliber pistol, loaded with eight rounds of ammunition.   

At time of the incident, Milkey had multiple prior felony convictions and therefore was prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy.  United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

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Field Division: Tampa Field Division