June 8, 2010
COLORADO SPRINGS MAN WHO POSSESSED FULLY AUTOMATIC MACHINE GUNS, SOME OF WHICH HAD OBLITERATED SERIAL NUMBERS, FOUND GUILTY FOLLOWING FOUR DAY JURY TRIAL
DENVER – Byckley Charles Leutwiler, age 38, of Colorado Springs, Colorado, was found guilty late yesterday of one count of possession of firearms with obliterated serial numbers and two counts of possession of machine guns, U.S. Attorney David Gaouette and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Marvin Richardson announced. The guilty verdicts followed a four-day jury trial before Chief U.S. District Court Judge Wiley Y. Daniel. The jury deliberated for a day and a half before reaching their verdict. Leutwiler was acquitted of two other charges.
Byckley Charles Leutwiler was indicted by a federal grand jury in Denver on February 10, 2009. He first appeared in federal court in Denver on April 17, 2009, where he was advised of the charges pending against him. His jury trial began on June 1, 2010, and concluded today, June 7, 2010.
According to the indictment, as well as the facts presented during trial, on March 12, 2008, Leutwiler did unlawfully possess a firearm, namely a ITM Arms Co., Model MK99, 7.62 x 39 caliber automatic rifle. On June 12, 2008, Leutwiler unlawfully possessed three machine guns with obliterated serial numbers, namely two DPH Arms, Model AKM, 7.62 x 39 caliber automatic rifle, and one DC Industries, Model NDS-3, 7.62 x 39 caliber automatic rifle. During the trial evidence was presented that the defendant and another man had converted the weapons to fully functioning machine guns. Further, the two men sold the machine guns to undercover agents posing as Chicago gang members. It is against federal law to possess firearms with obliterated serial numbers. It is also against federal law to possess fully automatic machine guns that are not registered with the ATF.
The penalty for possession of a firearm with an obliterated serial number is not more than 5 years’ incarceration, and up to a $250,000 fine. The penalty for possession of machine guns is not more than 10 years in federal prison, and up to a $250,000 fine, per count.
“Thanks to the hard work of the Colorado Springs Police Department, the ATF, and the U.S. Attorney’s Office, the defendant will be held responsible for possessing machine guns with obliterated serial numbers,” said U.S. Attorney David Gaouette.
“Members of the Colorado Springs Metro Vice, Narcotics, and Intelligence Unit and ATF agents quickly reacted to safeguard the public by removing an illegal machine gun from the hands of a dangerous man,” said ATF Special Agent in Charge Marvin Richardson. “This team effort highlights the importance of having a strong local and federal partnership in Colorado’s fight against violent crime.”
This case was investigated by the ATF Colorado Springs Field Office and the Colorado Springs Metro Vice, Narcotics, and Intelligence Unit.
Leutwiler was prosecuted by Assistant U.S. Attorneys Kurt Bohn and James Hearty.This conviction is another important outcome from Project Safe Neighborhoods (PSN), a Department of Justice nationwide initiative that combines traditional law enforcement activities with community-based support and intervention programs. PSN is designed as a partnership between federal, state and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws.
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