United States Attorney James T. Jacks
Northern District of Texas

MONDAY, SEPTEMBER 26, 2011
http://www.usdoj.gov/usao/txn/

DALLAS MAN INVOLVED IN EAST OAK CLIFF CAR CRASH AND SHOOTOUT
PLEADS GUILTY TO DRUG AND FIREARM OFFENSES

Defendant, Who Pleaded Guilty on Day Trial Was to Begin in Federal Court,
Faces Up to Life in Prison

DALLAS — On the morning his trial on conspiracy, drug and firearm charges was to begin in U.S. District Court in Dallas, Brandon Smith, 27, of Dallas, pleaded guilty to one count of possessing a controlled substance with intent to distribute and one count of possessing and discharging a firearm during and relation to a drug trafficking crime, announced U.S. Attorney James T. Jacks of the Northern District of Texas. The drug conviction carries a maximum statutory sentence of five years in prison and the firearm conviction carries a statutory sentence of not less than 10 years or more than life, to be served consecutively to any other term of imprisonment. He is scheduled to be sentenced by U.S. District Judge Reed C. O’Connor on January 5, 2012.

According to documents filed in the case, on July 13, 2010, Smith possessed, with intent to distribute, nearly 10 pounds of marijuana, which he had acquired from co-defendant Jose Filemon. Smith fled in a vehicle with the marijuana without paying Filemon for it and a high-speed chase through the Oak Cliff area of Dallas ensued. Smith, who had a .380 pistol, crashed his vehicle during the chase, injuring several people, exited the vehicle and fired the weapon in Filemon’s direction. Filemon, who was also armed, took the marijuana and fled. When police arrived at the crash scene, they recovered the .380 caliber pistol and two spent .380 casings and, in Filemon’s vehicle, they recovered two firearms and the nearly 10 pounds of marijuana. Filemon, who was also charged in the case, remains a fugitive.

When officers executed a search warrant at Smith’s apartment on July 13, 2011, they discovered a box of .380 caliber ammunition containing two live rounds - the same caliber and brand as the two spent casings located at the crash scene.

The case was investigated by the Dallas Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Taly Haffar and Brandon McCarthy are prosecuting.

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