worcester gun case from Telegram

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Tuesday, July 25, 2006
Jury is chosen for ‘holy war’ case

Defendant Lewis allegedly had desire to die in jihad

By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com

WORCESTER— A jury was selected yesterday in U.S. District Court for the weapons trial of a Worcester man who allegedly expressed his intention to die in a holy war.

Fourteen jurors will hear opening arguments in federal court today in the case of Samuel J. Lewis, also known as Shaheed Lewis, formerly of 56 Chino Ave. and 236 Constitution Ave. He is charged with 17 counts of making false statements or false records while acquiring weapons, mostly from gun shops, in Webster, Northboro, Gardner, Lunenburg and Shrewsbury between Aug. 1, 2002, and Sept. 17, 2003.

Federal defense lawyers Timothy G. Watkins and William W. Fick contended that Mr. Lewis is a victim of selective law enforcement because he is a black man who has converted to Islam. But Judge F. Dennis Saylor IV rejected their argument and ordered the trial to go forward.


Although the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task force, Mr. Lewis is not charged with terrorist crimes. Assistant U.S. Attorneys B. Stephanie Siegmann and David H. Hennessy said that Lewis bought 32 firearms between November 2000 and October 2003, making false statements in connection with acquiring 16 of them.

The statements allegedly falsely stated his place of residence or that he was buying the weapons for himself rather than for someone else.

Mr. Lewis’ lawyers presented evidence that whites and non-Muslims were not prosecuted as severely as Mr. Lewis has been.

But Judge Saylor ruled that the executive branch has “the general power to determine which laws to enforce and against whom to enforce them.” While that broad power is not unfettered, the judge ruled, Mr. Lewis did not present the required “clear evidence” that the Supreme Court has ruled is necessary to show that the prosecution acted unjustifiably such as basing its actions on “race, religion or other arbitrary classification.”

Judge Saylor cited allegations by the government that Mr. Lewis is not “similarly situated” to others the defense said were not so heavily prosecuted. He quoted the government as citing Mr. Lewis’ ex-wife as saying that he had become increasingly anti-American over the past three years and expressing an intention to die in a jihad or holy war.

She said that he had traveled to either Syria or Somalia for a month in the spring of 2003, expressed an interest in moving to the Middle East, and that he used the first name “Shaheed,” which means among other things “martyr,” Judge Saylor said in a pretrial ruling.

ATF learned from the Diplomatic Security Service that Mr. Lewis received a new passport after reporting a lost passport in 2001, and that can be a tactic to “clean” a passport of evidence of travel to countries linked to terrorism-related activities, Judge Saylor wrote.

The government contends Mr. Lewis is much more dangerous than the usual caliber of defendant who has made a false statement to acquire a firearm. Judge Saylor said “there is considerable evidence that the defendant poses a substantial danger of violence and a possible connection to terrorist activities.”

“While the government is not permitted to prosecute him (Mr. Lewis) because he has converted to Islam,” Judge Saylor wrote in a footnote, “it is not required to ignore that fact when considering his possible connections to terrorist or anti-American activities — particularly in light of the evidence that he has traveled to Middle Eastern countries with terrorist activities and expressed a desire to die in a jihad. Likewise, his deliberate choice of name — which he, not his parents, selected — is a relevant fact that law enforcement may take into account in assessing the evidence against him.”


Wednesday, August 2, 2006
Gun buyer convicted of giving false info to weapons dealers

Prosecutors alleged anti-American bent

By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com

WORCESTER— A Worcester man whose alleged anti-American sentiments came to the attention of the government has been convicted in U.S. District Court on charges of making false statements when buying 16 firearms.

Samuel J. Lewis, also known as Shaheed Lewis, 33, of 23 Mount Vernon St., was convicted Monday by a jury on 15 counts of making false statements while buying 16 weapons between August 2002 and September 2003. The weapons were bought from licensed dealers Clarence Edgar Floyd of Lunenburg; Sparky’s Gun Shop in Webster; Village Gun Shop in Northboro; Match Shot Firearms in Gardner; Wayne’s Weaponry in West Boylston; and The Gun Room in Shrewsbury.

The jury found Mr. Lewis not guilty on two other charges: making false statements to hide the identity of the true purchaser of two weapons.


Judge F. Dennis Saylor IV set sentencing for Nov. 13. Mr. Lewis faces a maximum of 5 years in prison followed by 3 years of supervised released and a $250,000 fine.

The prosecution said that Mr. Lewis bought the firearms and lied about his home address to the firearms dealers while he was enrolled in Catholic Charities’ Homeward Bound program. The program provides housing to homeless families and prohibits possession of firearms.

Later he got housing through the Worcester Housing Authority transitional housing program and concealed from the authority the purchase of the weapons costing more than $4,000, according to Assistant U.S. Attorneys B. Stephanie Siegmann of the U.S. attorney’s anti-terrorism and national security unit and David H. Hennessy of the U.S. attorney’s Worcester office.

Mr. Lewis’ lawyers, federal defenders Timothy G. Watkins and William W. Fick, had contended that their client, a black man who had converted to Islam, was being selectively prosecuted because of his race and religion.

The government alleged that Mr. Lewis had traveled to Syria or Somalia, that he was becoming increasingly anti-American and that he said that he wished to die in a holy war.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task Force. The investigation also involved the U.S. Department of Housing and Urban Development, Massachusetts State Police and Worcester Police Department.
 
matt said:
The important question here is this:

Where is there a gun shop in Lunenburg? And why didn't I know about it?


That's the thing that caught my eye too. Beyond that, this story makes me realize just how good my decision was to get my liscense and get armed.
 
derek said:
I wonder how they got wind of this guy...

I'd place a fair wager he bought more than one handgun at a time, and
then was subjected to a multiple handgun purchase form, which the ATF
looked at once they recieved it.

The islamic/arabic sounding name probably provided a trigger, and perhaps
he bought multiple cheap firearms in a short time period. Then they
started doing some digging, and decided that a guy buying a metric ton
of handguns and living in a group home didn't make sense. Then they
further audited the records and found out that he lied. (I'm not sure
how they got him on the straw thing, but its possible that they set up a
sting or something.).

Let's put it this way, if you go into a gun store, your name is "Al-Jabbar" (or anything
else foreign sounding) and you buy 4 S+W sigmas at once, don't be surprised if the BATF shows
up at your door.

There was a fellow on sigforum that got queried by the BATF because he
bought 3 handguns in a short period of time, had a "foreign" name and
lived close to the US - Mexico border.

And no, I'm not saying the guy didn't get what he deserved, so don't
take that out of context.... it's just that people should know that WRT
guns, there are many ways to skin a cat, and the MHP form is probably one
of the main ones. Basically through the MHP form, the BATF recieves
notice for every "more than one" handgun purchase via any FFL.
Most of them don't raise any alarms, but it's pretty easy to figure out what
would raise one. Additionally, some FFLs don't tell you they're filling out an
MHP, and because you don't have to sign it, or touch it in any way, a lot of
people don't even know it exists. (The rule is, I believe, more than one
handgun in any 10 day period from the same FFL to the same seller requires
an MHP form to be submitted.) Some FFLs will notify you that buying
more than one handgun in a 10 day window will trigger an MHP, but most
do not.

Additionally, it's trivially easy for the BATF to audit this sort of thing,
considering that most people are only going to be buying one at a
time, so the multiples "show out" a lot easier.


-Mike
 
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I figured the ATF has some sort of database flaging system in place to look for anomalies that may occur
 
Pilgrim said:
He managed to get cleared thru NICS each time ?

Wasn't the NICS call in around then?

A person can pass NICS and still be in illegal posession. The 4473 itself
is the only other barrier in a lot of cases. In this case, they probably
discovered that the guy lied on the form. Remember that, NICS is really
only set up to deal with known felony (or equivalent) criminals and
state-certified nutjobs, nothing more.

Remember, NICS is "fail open by default" kind of process. If no matching records
are found that disqualify the buyer, then the FFL gets a
PROCEED, or at worse, a DELAYED. This doesn't mean
though, that the buyer that "passed" didn't break the law in the
process (eg false identity, lying about immigration status, etc) .

-Mike
 
drgrant said:
The islamic/arabic sounding name probably provided a trigger, and perhaps
he bought multiple cheap firearms in a short time period.

You mean "profiling"? But that would be unethical! That would be racist! That would be... oh yeah... effective!
 
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