Bureau of Alcohol, Tobacco, Firearms and Explosives

CLARKSBURG, WEST VIRGINIA – Desmon Johnson and Kevin E. Burley, Jr., both of Parkville, Maryland, were indicted by a federal grand jury sitting in Clarksburg on January 8, 2019 on firearms charges, United States Attorney Bill Powell announced.

Johnson, age 34, was indicted on one count of “Conspiracy to Violate Federal Firearm Laws,” one count of “Engaging in the Business of Firearms Without a License -Aiding and Abetting,” one count of “Possession of a Firearm with an Obliterated Serial Number,” and one count of “Unlawful Possession of a Firearm.” 

Burley, age 33, was indicted on one count of “Conspiracy to Violate Federal Firearm Laws,” one count of “Engaging in the Business of Firearms Without a License -Aiding and Abetting,” and one count of “Unlawful Possession of a Firearm.” 

Both men are accused of traveling to Kentucky and West Virginia with the intent of purchasing firearms to then sell those firearms. The two are accused of shipping firearms for sale. Johnson and Burley are not licensed firearms dealers. The crimes allegedly occurred in the Northern District of West Virginia and elsewhere from July 2015 to September 2016.

Johnson and Burley each face up to five years incarceration and a fine of up to $250,000 for each of the  conspiracy and business charges and faces up to 10 years incarceration and a fine of up to $250,000 on the unlawful firearms count. Johnson also faces up to five years incarceration and a fine of up to $250,000 for the obliterated serial number charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & violent Crimes Task Force, a HIDTA-funded initiative, investigated.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

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