Bureau of Alcohol, Tobacco, Firearms and Explosives

DENVER – Daniel Anthony Garcia, age 28, of Pueblo, Colorado, was sentenced today by U.S. District Judge Christine M. Arguello to serve 37 months in federal prison for felon in possession of a firearm, Acting U.S. Attorney Bob Troyer and ATF Acting Special Agent in Charge Ron Humphries announced.  Following his prison sentence, Judge Arguello ordered the defendant to serve 3 years on supervised release.  The defendant, in custody since his arrest on January 25, 2016, was remanded into the custody of the U.S. Marshals Service.

 

Garcia pled guilty to the charge on October 13, 2016.

 

According to court documents, including the stipulated facts contained in the defendant’s plea agreement, the defendant illegally entered an occupied home on December 6, 2015 and fired a gun to threaten the occupants after pistol whipping a man. One of the victims knew the assailant and identified him to the Pueblo Police Department. The shell casing from the gun was collected and sent to the National Integrated Ballistic Information Network for testing.

 

On January 25, 2016, Pueblo Police Department Officers sought the defendant at a residence in Pueblo. While at the location, officers outside the home observed the defendant bend over and appear to conceal an item under a bed inside the residence. A consent search allowed the officers to retrieve a .45-caliber pistol from under the bed, which NIBIN confirmed was used in the December 2015 home invasion using shell casings collected at a test fire.

 

Garcia was prohibited from possessing a firearm after having been convicted of a felony offense with a prison term of more than one year.

 

“There is an elite state and federal task force in Southern Colorado targeting gun violence,” said Acting U.S. Attorney Bob Troyer.  “You use guns when you shouldn’t, and hell will be coming to breakfast.”

 

“Garcia would not have been under federal investigation if not for NIBIN,” said ATF Acting Special Agent in Charge Ron Humphries. “Thanks to the ballistics information from NIBIN and the stellar detective work by Pueblo PD and ATF, Garcia will not be able to terrorize the community for many years to come.”

 

The case was investigated by the ATF and Pueblo Police Department as part of the Southern Colorado Crime Gun Intelligence Center. The Southern Colorado Crime Gun Intelligence Center uses cutting-edge technology, such as NIBIN, and a dedicated investigative team to stop shooters and identify their sources of guns before they can commit further violent crimes. It is a partnership between ATF, Colorado Springs Police Department, El Paso Sheriff's Office, Fountain Police Department, Pueblo Police Department, Department of Corrections Division of Adult Probation, the U.S. Attorney's Office and the District Attorney's Office for the 4th and 10th Judicial Districts.

 

The defendant is being prosecuted by Assistant United States Attorney Kurt J. Bohn.