HUNTINGTON, W.Va. – After two days of trial, a federal jury convicted a Huntington man today of being a felon in possession of ammunition.
Evidence at trial revealed Brendon Tyre Garner, 33, possessed .380-caliber ammunition in Huntington on June 29, 2021. Garner possessed this ammunition when he shot an individual on Charleston Avenue and fled the scene.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Garner knew he was prohibited from possessing ammunition because of prior felony convictions in Cabell County Circuit Court for possession with intent to deliver drugs in January 2015; in Lawrence County, Ohio, Court of Common Pleas for trafficking in drugs in April 2014; and in Cabell County Circuit Court for wanton endangerment in October 2011.
Garner is scheduled to be sentenced on August 22, 2022, and faces a maximum penalty of 10 years in prison, three years of supervised release and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF), the Huntington Police Department, and the Huntington Violent Crime and Drug Task Force for conducting the investigation.
United States District Judge Robert C. Chambers presided over the jury trial. Assistant United States Attorneys Ryan Keefe and Joseph F. Adams are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-140.