IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
:
:
v.
:
:
CLOVIS A. REEVES,
:
a/k/a Clovis Reeves,
:
a/k/a “C”,
:
a/k/a “K”,
:
a/k/a “KJ”,
:
a/k/a Keith Johnson,
:
a/k/a “T”,
:
a/k/a Alaray Reed,
:
a/k/a Clovis Reed, and
:
BANI SY SMITH,
:
a/k/a Bani Smith,
:
a/k/a “Black”,
:
a/k/a Alfred P. West,
:
a/k/a “One Armed Sy”,
:
a/k/a “One Arm”, and
:
RICHARD WASHINGTON,
a/k/a Richard J. Washington,
:
:
a/k/a Richard James Washington, :
a/k/a Richard James
CRIMINAL INDICTMENT
:
NO.
Washington III,
:
a/k/a “R.J.”, and
:
ANTONIO SUTTON,
:
a/k/a Antonio Andre Sutton,
:
a/k/a “Dre”, and
:
KWAME WALKER,
:
a/k/a Kwame Pullin-Walker,
:
a/k/a Kwame Nkrumah Walker, and :
TAISHA KENYETTA CLAYTON,
a/k/a Taisha Clayton, and
:
:
SAKINAH TOMS, and
:
CRAIG JEROME BIRDSONG,
:
a/k/a Craig Jerome Birdsong, Jr.:
a/k/a “C.J.”,
and
LATOVIA DANYELL CUNNINGHAM
:
:
THE GRAND JURY CHARGES THAT:
COUNT ONE
From on or about February 18, 2005, through on or about October 21, 2005, in the
Northern District of Georgia and elsewhere, the defendants, CLOVIS A. REEVES, a/k/a
Clovis Reeves, a/k/a “C”, a/k/a “K”, a/k/a “KJ”, a/k/a Keith Johnson, a/k/a “T”, a/k/a
Alaray Reed, a/k/a Clovis Reed (hereinafter “REEVES”); BANI SY SMITH, a/k/a Bani
Smith, a/k/a “Black”, a/k/a Alfred P. West, a/k/a “One Armed Sy”, a/k/a “One Arm”
(hereinafter “SMITH”); RICHARD WASHINGTON, a/k/a Richard J. Washington, a/k/a
Richard James Washington, a/k/a Richard James Washington III, a/k/a “R.J.” (hereinafter
“WASHINGTON”); ANTONIO SUTTON, a/k/a Antonio Andre Sutton, a/k/a “Dre” (hereinafter
“SUTTON”); KWAME WALKER, a/k/a Kwame Pullin-Walker, a/k/a Kwame Nkrumah Walker
(hereinafter “WALKER”); TAISHA KENYETTA CLAYTON, a/k/a Taisha Clayton (hereinafter
“CLAYTON”); SAKINAH TOMS (hereinafter “TOMS”); CRAIG JEROME BIRDSONG, a/k/a
Craig Jerome Birdsong, Jr., a/k/a “C.J.” (hereinafter “BIRDSONG”); LATOVIA DANYELL
CUNNINGHAM (hereinafter “CUNNINGHAM”), and others unknown to the grand jury, did
combine, conspire, confederate, agree and have a tacit understanding with each other to
violate Title 18, United States Code, Section 924(a)(1)(A), by knowingly causing false
information to be entered into the records required by law to be kept by a federal firearms
dealer.
Object of the Conspiracy/Manner and Means
3
The object of the conspiracy was to purchase firearms in the State of Georgia for
prohibited persons, specifically REEVES, SMITH and WASHINGTON, thereby concealing the
true identity of the actual purchasers, and to resell the firearms for a profit.
Six of the
defendants, SUTTON, CLAYTON, WALKER, TOMS, BIRDSONG, and CUNNINGHAM, were
Georgia residents and were recruited by REEVES, SMITH and WASHINGTON to purchase
firearms and to state that he or she was the actual purchaser, when in fact REEVES, SMITH,
and WASHINGTON were the actual purchasers and intended recipients of the firearms. The
six defendants, SUTTON, CLAYTON, WALKER, TOMS, BIRDSONG, and CUNNINGHAM,
were “straw purchasers”, that is, persons who purchase firearms on behalf of other persons to
conceal the identity of the true purchasers.
REEVES, SMITH and WASHINGTON used straw purchasers to purchase firearms
because at all times relevant to the conspiracy, REEVES, SMITH and WASHINGTON were
previously convicted felons and at all times relevant to the conspiracy, REEVES was a
nonresident of the State of Georgia. WASHINGTON and SMITH then transported some of the
firearms to REEVES in New Jersey, where the guns were then sold on the street to others.
4
Some of the firearms were sold on the street here in Georgia.
Overt Acts
1.
On or about February 18, 2005, SUTTON and SMITH went to The Gun Store where
SMITH provided SUTTON with money to buy firearms. SMITH pointed out which
firearms he wanted SUTTON to purchase.
2.
On or about February 18, 2005, SUTTON executed Firearms Transaction Records,
ATF Forms 4473, (hereinafter “ATF Form 4473") in which he falsely stated that he
was the actual buyer of the firearms.
3.
On or about February 18, 2005, SUTTON purchased five (5) HiPoint pistols which
SMITH had selected.
4.
On or about February 18, 2005, SMITH paid SUTTON a sum of United States
currency for having purchased firearms on SMITH’s behalf. SMITH took possession of
the firearms.
5.
On or about February 18, 2005, CLAYTON, REEVES and SMITH went to The Gun
Store where REEVES gave CLAYTON approximately $1000 in United States currency
5
and told CLAYTON which firearms to buy.
6.
On or about February 18, 2005, CLAYTON executed ATF Forms 4473 in which she
falsely stated she was the actual buyer of the firearms.
7.
On or about February 18, 2005, CLAYTON purchased five (5) HiPoint pistols for
REEVES, who she knew to be a convicted felon.
8.
On or about February 18, 2005, REEVES paid CLAYTON about $1000 in United
States currency for purchasing the firearms on REEVES’s behalf.
REEVES took
possession of the firearms.
9.
On or about March 12, 2005, WALKER, SMITH and WASHINGTON, went to
Adventure Outdoors where SMITH and WASHINGTON entered the store while
WALKER waited in the vehicle outside.
10.
On or about March 12, 2005, SMITH and WASHINGTON returned to the vehicle and
provided WALKER with money and instructions about which firearms to purchase.
11.
On or about March 12, 2005, WALKER then entered the store and executed ATF
6
Forms 4473 in which he falsely stated he was the actual buyer of the firearms.
12.
On or about March 12, 2005, WALKER bought fifteen (15) HiPoint pistols for SMITH
and WASHINGTON.
13.
On or about March 12, 2005, WALKER rented a car from Enterprise Rental Car, 176
Scenic Highway, Lawrenceville, Georgia, at the request of SMITH for SMITH’s use.
WASHINGTON signed the rental agreement as the second driver.
14.
On or about March 12, 2005, WASHINGTON and SMITH used this rental car to
transport the fifteen (15) firearms purchased by WALKER from the Northern District of
Georgia to New Jersey.
15.
On or about April 18, 2005, TOMS and REEVES went to The Gun Store and
REEVES provided TOMS with money to buy firearms.
16.
On or about April 18, 2005, TOMS executed ATF Forms 4473 in which she falsely
stated that she was the actual buyer of the firearms.
17.
On or about April 18, 2005, TOMS purchased four (4) HiPoint pistols for REEVES.
18.
On or about April 18, 2005, after TOMS purchased the four (4) HiPoint pistols,
7
REEVES took the firearms out of the store and placed them in CUNNINGHAM’s
vehicle.
19.
On or about May 26, 2005, REEVES drove BIRDSONG to The Gun Store and
provided BIRDSONG with approximately $1500 in United States currency and a list of
firearms he wanted BIRDSONG to purchase.
20.
On or about May 26, 2005, BIRDSONG executed ATF Forms 4473 in which he
falsely stated that he was the actual buyer of the firearms.
21.
On or about May 26, 2005, BIRDSONG bought seven (7) HiPoint pistols and one (1)
Masterpiece Arms (MPA) pistol for REEVES.
22.
On or about May 26, 2005, REEVES paid BIRDSONG $50 in United States currency
for having purchased firearms on REEVES’s behalf.
23.
On or about May 26, 2005, after BIRDSONG bought the firearms for REEVES,
REEVES placed the eight (8) firearms purchased by BIRDSONG into the trunk of the
vehicle.
24.
On or about May 27, 2005, BIRDSONG agreed to buy additional firearms for
8
REEVES, in exchange for REEVES’s promise to pay him approximately $150 in United
States currency. REEVES drove BIRDSONG to The Gun Store.
25.
On or about May 27, 2005, BIRDSONG executed ATF Forms 4473 in which he
falsely stated that he was the actual buyer of the firearms.
26.
On or about May 27, 2005, BIRDSONG bought four (4) HiPoint pistols for REEVES.
27.
On or about October 21, 2005, REEVES recruited CUNNINGHAM to buy about
twenty-two (22) firearms.
28.
On or about October 21, 2005, CUNNINGHAM asked TOMS to assist her in buying
the twenty-two (22) firearms and TOMS agreed to do so in exchange for REEVES’s
agreement to pay TOMS $300.CUNNINGHAM then drove TOMS, REEVES and an
unknown black male to The Gun Store.
29.
On or about October 21, 2005, TOMS and CUNNINGHAM executed ATF Forms 4473
in which they falsely stated that they were the actual buyers of the firearms.
30.
On or about October 21, 2005, TOMS purchased ten (10) HiPoint pistols and
CUNNINGHAM purchased six (6) HiPoint pistols, two (2) Cobra pistols, and four (4)
9
Masterpiece Arms (MPA) pistols, all for REEVES.
31.
On or about October 21, 2005, REEVES and the unknown black male paid both
TOMS and CUNNINGHAM approximately $300 in United States currency for buying
the firearms.
32.
On or about October 21, 2005, after completing the firearms purchases, TOMS drove
REEVES and the unknown black male, with the firearms, to 1680 Eleah Drive,
Lawrenceville, Georgia, the residence of WALKER, CLAYTON and SMITH.
33.
On or about October 21, 2005, WALKER drove REEVES to the Amtrak Train Station
for REEVES to return to New Jersey. REEVES was in possession of the twenty-two
(22) firearms purchased earlier that day by TOMS and CUNNINGHAM. WALKER
knew REEVES to live in New Jersey and to be SMITH’s cousin.
All in violation of Title 18, United States Code, Section 371.
COUNT TWO
On or about February 18, 2005, in the Northern District of Georgia, defendants
10
ANTONIO SUTTON and BANI SY SMITH, aided and abetted by each other, in connection
with the acquisition of five (5) firearms from The Gun Store, a federally licensed firearms
dealer, did knowingly make a false and fictitious statement and representation in writing with
respect to the information required by law to be kept in the records of the said federally
licensed firearms dealer, in that on a Firearms Transaction Record, ATF Form 4473, the
defendant ANTONIO SUTTON, did state and cause to be stated that ANTONIO SUTTON was
the actual buyer of the firearms, when in truth and in fact, defendant BANI SY SMITH was the
actual buyer and intended recipient of the firearms, in violation of Title 18, United States Code,
Sections 924(a)(1)(A) and 2.
COUNT THREE
On or about February 18, 2005, in the Northern District of Georgia, defendants
TAISHA KENYETTA CLAYTON and CLOVIS A. REEVES, aided and abetted by each other, in
connection with the acquisition of five (5) firearms from The Gun Store, a federally licensed
firearms dealer, did knowingly make a false and fictitious statement and representation in
11
writing with respect to the information required by law to be kept in the records of the said
federally licensed firearms dealer, in that on a Firearms Transaction Record, ATF Form 4473,
the defendant TAISHA KENYETTA CLAYTON, did state and cause to be stated that TAISHA
KENYETTA CLAYTON was the actual buyer of the firearms, when in truth and in fact,
CLOVIS A. REEVES was the actual buyer and intended recipient of the firearms, in violation
of Title 18, United States Code, Sections 924(a)(1)(A) and 2.
COUNT FOUR
On or about March 12, 2005, in the Northern District of Georgia, defendants KWAME
WALKER, BANI SY SMITH, and RICHARD WASHINGTON, aided and abetted by each other,
in connection with the acquisition of fifteen (15) firearms from Adventure Outdoors, a federally
licensed firearms dealer, did knowingly make a false and fictitious statement and
representation in writing with respect to the information required by law to be kept in the
records of the said federally licensed firearms dealer, in that on a Firearms Transaction
Record, ATF Form 4473, the defendant KWAME WALKER did state and cause to be stated
that KWAME WALKER was the actual buyer of the firearms, when in truth and in fact,
12
defendants BANI SY SMITH and RICHARD WASHINGTON were the actual buyers and
intended recipients of the firearms, in violation of Title 18, United States Code, Sections
924(a)(1)(A) and 2.
COUNT FIVE
On or about April 18, 2005, in the Northern District of Georgia, defendants SAKINAH
TOMS and CLOVIS A. REEVES, aided and abetted by each other, in connection with the
acquisition of four (4) firearms from The Gun Store, a federally licensed firearms dealer, did
knowingly make a false and fictitious statement and representation in writing with respect to
the information required by law to be kept in the records of the said federally licensed firearms
dealer, in that on a Firearms Transaction Record, ATF Form 4473, the defendant SAKINAH
TOMS did state and cause to be stated that SAKINAH TOMS was the actual buyer of the
firearms, when in truth and in fact, defendant CLOVIS A. REEVES was the actual buyer and
intended recipient of the
firearms, in violation of Title 18, United States Code, Sections
924(a)(1)(A) and 2.
COUNT SIX
13
On or about May 26, 2005, in the Northern District of Georgia, defendants CRAIG
JEROME BIRDSONG and CLOVIS A. REEVES, aided and abetted by each other, in
connection with the acquisition of eight (8) firearms from The Gun Store, a federally licensed
firearms dealer, did knowingly make a false and fictitious statement and representation in
writing with respect to the information required by law to be kept in the records of the said
federally licensed firearms dealer, in that on a Firearms Transaction Record, ATF Form 4473,
the defendant, CRAIG JEROME BIRDSONG, did state and cause to be stated that CRAIG
JEROME BIRDSONG was the actual buyer of the firearms, when in truth and in fact,
defendant CLOVIS A. REEVES was the actual buyer and intended recipient of the firearms, in
violation of Title 18, United States Code, Sections 924(a)(1)(A) and 2.
COUNT SEVEN
On or about May 27, 2005, in the Northern District of Georgia, defendants CRAIG
JEROME BIRDSONG and CLOVIS A. REEVES, aided and abetted by each other, in
connection with the acquisition of four (4) firearms from The Gun Store, a federally licensed
firearms dealer, did knowingly make a false and fictitious statement and representation in
14
writing with respect to the information required by law to be kept in the records of the said
federally licensed firearms dealer, in that on a Firearms Transaction Record, ATF Form 4473,
the defendant, CRAIG JEROME BIRDSONG, did state and cause to be stated that CRAIG
JEROME BIRDSONG was the actual buyer of the firearms, when in truth and in fact,
defendant CLOVIS A. REEVES was the actual buyer and intended recipient of the firearms, in
violation of Title 18, United States Code, Sections 924(a)(1)(A) and 2.
COUNT EIGHT
15
On or about October 21, 2005, in the Northern District of Georgia, defendants
SAKINAH TOMS and CLOVIS A. REEVES, aided and abetted by each other, in connection
with the acquisition of ten (10) firearms from The Gun Store, a federally licensed firearms
dealer, did knowingly make a false and fictitious statement and representation in writing with
respect to the information required by law to be kept in the records of the said federally
licensed firearms dealer, in that on a Firearms Transaction Record, ATF Form 4473, the
defendant SAKINAH TOMS did state and cause to be stated that SAKINAH TOMS was the
actual buyer of the firearms, when in truth and in fact, defendant CLOVIS A. REEVES was the
actual buyer and intended recipient of the firearms, in violation of Title 18, United States
Code, Sections 924(a)(1)(A) and 2.
COUNT NINE
On or about October 21, 2005, in the Northern District of Georgia, defendants
LATOVIA DANYELL CUNNINGHAM and CLOVIS A. REEVES, aided and abetted by each
other, in connection with the acquisition of twelve (12) firearms from The Gun Store, a
federally licensed firearms dealer, did knowingly make a false and fictitious statement and
16
representation in writing with respect to the information required by law to be kept in the
records of the said federally licensed firearms dealer, in that on a Firearms Transaction
Record, ATF Form 4473, the defendant LATOVIA DANYELL CUNNINGHAM did state and
cause to be stated that LATOVIA DANYELL CUNNINGHAM was the actual buyer of the
firearms, when in truth and in fact, defendant CLOVIS A. REEVES was the actual buyer and
intended recipient of the firearms, in violation of Title 18, United States Code, Sections
924(a)(1)(A) and 2.
COUNT TEN
On or about March 12, 2005, in the Northern District of Georgia, defendant RICHARD
WASHINGTON, having been convicted of each of the following offenses:
(1)
on or about July 8, 2002, in the Superior Court of Gwinnett County, Georgia,
of the offenses of False Imprisonment, Robbery, Aggravated Assault, and
Forgery in criminal action number 02-B-2066-7;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
17
knowingly possess firearms, that is, fifteen (15) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
and 924(a)(2).
COUNT ELEVEN
On or about February 18, 2005, in the Northern District of Georgia, defendant BANI
SY SMITH, having been convicted of each of the following offenses:
(2)
on or about January 30, 2002, in the Superior Court of Gwinnett County,
Georgia, of the offense of Possession of Marijuana with Intent to Distribute in
criminal action number 01-B-3454-2; and
18
(3)
on or about May 2, 2005, in the Superior Court of Gwinnett County, Georgia,
of the offenses of Forgery in the First Degree, and Manufacturing False
Identification Document in criminal action number 04-B-4285-2;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
knowingly possess firearms, that is, five (5) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
and 924(a)(2).
COUNT TWELVE
On or about March 12, 2005, in the Northern District of Georgia, defendant BANI SY
SMITH, having been convicted of each of the following offenses:
(4)
on or about January 30, 2002, in the Superior Court of Gwinnett County,
Georgia, of the offense of Possession of Marijuana with Intent to Distribute in
criminal action number 01-B-3454-2; and
(5)
on or about May 2, 2005, in the Superior Court of Gwinnett County, Georgia,
of the offenses of Forgery in the First Degree, and Manufacturing False
19
Identification Document in criminal action number 04-B-4285-2;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
knowingly possess firearms, that is, fifteen (15) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
and 924(a)(2).
COUNT THIRTEEN
On or about April 18, 2005, in the Northern District of Georgia, defendant CLOVIS A.
REEVES, having been convicted of each of the following offenses:
(6)
on or about August 10, 2001, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession with Intent to Distribute Cocaine in
indictment number I-01-2-0786; and
(7)
on or about June 13, 2003, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession of Cocaine in indictment number I02-09-3380;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
20
knowingly possess firearms, that is, four (4) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
and 924(a)(2).
COUNT FOURTEEN
On or about May 26, 2005, in the Northern District of Georgia, defendant CLOVIS A.
REEVES, having been convicted of each of the following offenses:
(8)
on or about August 10, 2001, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession with Intent to Distribute Cocaine in
indictment number I-01-2-0786; and
(9)
on or about June 13, 2003, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession of Cocaine in indictment number I02-09-3380;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
knowingly possess firearms, that is, seven (7) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
21
and 924(a)(2).
COUNT FIFTEEN
On or about May 27, 2005, in the Northern District of Georgia, defendant CLOVIS A.
REEVES, having been convicted of each of the following offenses:
(10)
on or about August 10, 2001, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession with Intent to Distribute Cocaine in
indictment number I-01-2-0786; and
(11)
on or about June 13, 2003, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession of Cocaine in indictment number I02-09-3380;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
knowingly possess firearms, that is, four (4) HiPoint pistols, said possession being in and
affecting interstate commerce, in violation of Title 18, United States Code, Sections 922(g)
and 924(a)(2).
COUNT SIXTEEN
22
On or about October 21, 2005, in the Northern District of Georgia, defendant CLOVIS
A. REEVES, having been convicted of each of the following offenses:
(12)
on or about August 10, 2001, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession with Intent to Distribute Cocaine in
indictment number I-01-2-0786; and
(13)
on or about June 13, 2003, in the New Jersey Superior Court, Essex County,
New Jersey, of the offense of Possession of Cocaine in indictment number I02-09-3380;
the aforesaid offenses being punishable by imprisonment for a term exceeding one year, did
knowingly possess firearms, that is, sixteen (16) HiPoint pistols and two (2) Cobra pistols,
said possession being in and affecting interstate commerce, in violation of Title 18, United
States Code, Sections 922(g) and 924(a)(2).
FORFEITURE PROVISION
This Indictment charges the defendants with violation(s) of Title 18, United States
Code, Section 924(a)(1)(A) and upon conviction of said violation(s), the defendants shall
23
forfeit to the United States pursuant to Title 18, United States Code, Section 924(d) and Title
28, United States Code, Section 2461, all firearms involved in the commission of these
offenses, including but not limited to the firearms listed in Counts One
through Nine, all pursuant to Title 18, United States Code, Section 924(d) and Title 28,
United States Code, Section 2461(c).
A
BILL
FOREPERSON
DAVID E. NAHMIAS
UNITED STATES ATTORNEY
ZAHRA S. KARINSHAK
ASSISTANT UNITED STATES ATTORNEY
600 U.S. Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303
404/581-6324
404/581-6181 (fax)
Georgia Bar No. 407911
24
KATHERINE B. MONAHAN
ASSISTANT UNITED STATES ATTORNEY
600 U.S. Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303
404/581-6049
404/581-6181 (fax)
Georgia Bar No. 045737
25