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Bureau of Alcohol, Tobacco, Firearms and Explosives

District of Maryland

For Immediate Release

November 9, 2011

Rod J. Rosenstein, United States Attorney

Contact: Vickie E. LeDuc, Public Information Officer
(410) 209-4885

Baltimore Armed Career Criminal Sentenced to 15 Years in Prison for Illegal Possession of a Gun

Baltimore, Maryland — U.S. District Judge Ellen L. Hollander sentenced Kevin Eric Battle, age 38, of Baltimore, yesterday to 15 years in prison, followed by five years of supervised release, for being a felon in possession of a firearm. Judge Hollander enhanced Battle’s sentence upon finding that he is an armed career criminal, based on two previous narcotics convictions and a conviction for a crime of violence.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Mark Chait of the Bureau of Alcohol, Tobacco, Firearms and Explosives – Baltimore Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Frederick H. Bealefeld III.

According to Battle’s plea agreement, the Baltimore Police Department (BPD) obtained a State arrest warrant for Battle, as he was the primary suspect in a non–fatal shooting that occurred on August 24, 2009. On August 27, 2009, the Warrant Apprehension Task Force (WATF) went to arrest Battle at his home in the 2600 block of Rosewood Avenue in Baltimore, surrounding the house. One member of the WATF was standing in the back yard and heard a noise coming from the second floor window. The officer looked up and saw Battle attempting to drop a revolver through a torn window screen. When Battle saw the officer, he pulled the revolver back inside the window. The police entered the residence and arrested Battle. Later that day, the BPD executed a search warrant at Battle’s home, looking for evidence related to the non–fatal shooting in which Battle was allegedly involved. During the search officers recovered a loaded .32 caliber revolver from the toilet bowel tank in the upstairs bathroom.

Battle told police during a subsequent interview, that he attempted to drop the gun out of the back window of his house, but instead placed it in the toilet bowel tank. Battle further stated that the gun was his, that he purchased it on the street for $100, and that he had the gun for a couple of days and was using it for protection.

United States Attorney Rod J. Rosenstein commended ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in this investigation and prosecution. Mr. Rosenstein thanked Special Assistant United States Attorney Christopher M. Mason, a cross–designated
Baltimore City Assistant State’s Attorney assigned to Exile cases, who prosecuted the case.