Armed Career Criminal Sentenced on Federal Gun Charge, Reports U.S. Attorney
Monday December 6, 2:11 pm ET
WORCESTER, Mass., Dec. 6 /PRNewswire/ -- A Boston man was sentenced late Friday, December 3, 2004 in federal court on a federal firearms offense.
United States Attorney Michael J. Sullivan; Worcester County District Attorney John J. Conte; William J. Hoover, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives in New England; Thomas O'Loughlin, Chief of the Milford Police Department; Anthony J. Silva, Chief of the Cumberland, Rhode Island Police Department; and Colonel Thomas G. Robbins, Superintendent of the Massachusetts State Police, announced that DENNIS RUSH, age 48, formerly of 39 Boylston Street, Boston, Massachusetts, was sentenced by U.S. District Judge F. Dennis Saylor as an Armed Career Criminal to 15 years in prison, to be followed by 5 years of supervised release for being a felon in possession of a firearm and ammunition.
This case was referred for federal prosecution by District Attorney Conte as part of the ongoing state and federal partnership in Worcester County fostered by the Project Safe Neighborhoods program. Instituted by President Bush in 2002, the Project Safe Neighborhoods Initiative is aimed at bringing together local, state and federal law enforcement officials to devise innovative gun violence reduction strategies.
"The U.S. Attorney's Office, through President Bush's Project Safe Neighborhoods Initiative, continues to make the prosecution of firearms cases a top priority," stated U.S. Attorney Sullivan. "I want to commend District Attorney Conte for taking a leadership role in this case and referring it for federal prosecution. The U.S. Attorney's Office stands ready to assist District Attorney Conte and the City of Worcester in any way we can."
"This is another successful example of our coordinated efforts to make Worcester safer," stated District Attorney Conte. "Career criminals, drug traffickers, and those who illegally possess firearms should know they have no place in our cities or towns. Working with U.S. Attorney Sullivan's Office, and our partners at all levels of law enforcement, we will continue to strive to make Worcester County a safer place to live."
At an earlier plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the Government's evidence would have proven that on November 28, 2003, Milford police investigators received information that RUSH was a fugitive from outstanding arrest warrants in connection with a home invasion in Cumberland, Rhode Island and for a probation violation in Quincy District court. On November 29, 2003, officers learned that RUSH was at a bar located in Milford. Investigators from Milford, Cumberland, Rhode Island and the Massachusetts State Police set up surveillance and observed RUSH, who was known to investigators, leave the bar and begin walking down the street. The investigators approached RUSH, identified themselves, and ordered RUSH to remove his hands from his pocket and to get on the ground. RUSH refused and was arrested after a brief struggle with the officers.
Investigators recovered a loaded Raven Arms .25 caliber pistol and seven rounds of .25 caliber ammunition in the same pocket that RUSH had his hand in. After being advised of his Miranda rights, RUSH admitted that he knowingly possessed the firearm and ammunition and had his hand clutched around the weapon when the police initially approached.
Investigators reviewed RUSH's criminal record and determined that at the time RUSH possessed the firearm and ammunition he had been convicted of a number of felonies for violent crimes. Federal law prohibits individuals previously convicted of a federal or state felony from possessing a firearm or ammunition. As a result, Judge Saylor found that RUSH qualified as an Armed Career Criminal and imposed the 15 year sentence.
Charges are still pending against RUSH in Cumberland, Rhode Island for breaking and entering into a dwelling and allegedly assaulting a man over 60 years of age. RUSH also faces probation revocation in Quincy District Court on an armed robbery for which he could receive an additional 12 to 25 years in Massachusetts state prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives working in conjunction with the Milford and Cumberland, Rhode Island Police Departments, and the Massachusetts State Police. It was prosecuted by Assistant U.S. Attorney Paul Casey in Sullivan's Worcester Office.
