U.S. Department of Justice Office of the United States Attorney Western District of Tennessee For Further Information Contact: Leighn Anne Jordon Phone: (901) 544-4231 September 13, 2006

Police Officer Charged with Firearms Possession after Felony Conviction

Memphis, TN - David Kustoff, United States Attorney for the Western District of Tennessee, announced that a federal grand jury in Memphis has returned an indictment charging Robert Schmidt with possessing a firearm after a felony conviction.

Under 18 U.S.C. § 922(g), it is a violation of federal law for an individual to possess firearms after that individual has been convicted of a crime punishable by more than one year of imprisonment (i.e., a felony).

According to the indictment, on or about December 15, 1994, Schmidt was convicted of reckless endangerment with a deadly weapon in violation of Tenn.Code Ann. § 39-13-103, a Class E felony, and sentenced to two years' probation.

The indictment also alleges that, in 2002, Schmidt was hired as a police officer in Gallaway, Tennessee. The indictment alleges that Schmidt acquired firearms which he used in connection with his employment by the Gallaway, Tennessee Police Department, including a .32 caliber Kel-Tec pistol and a .40 caliber Sig Sauer pistol. The indictment alleges that on or about August 13, 2002, Schmidt submitted and caused to be submitted an "Application for Basic Police Training" to the Tennessee Law Enforcement Training Academy, in which he represented, among other things, that he was then employed as a patrolman with the Gallaway Police Department and that he had never been arrested or charged "with any criminal violation." At the same time, according to the indictment, he submitted and caused to be submitted an "Application for Certification -- Police Officer" to the Tennessee Peace Officer Standards and Training Commission, in which he represented, among other things, that he had never been "convicted of any criminal violation."

According to the indictment, in or about 2006, Schmidt ceased working for the Gallaway, Tennessee Police Department and began to work part-time as a police officer for the Piperton, Tennessee Police Department.

The indictment also alleges that, on or about August 25, 2006, Schmidt possessed in his residence in Memphis, Tennessee, the following, among other, firearms and ammunition:

The penalties for the offense charged in the indictment are a maximum prison term of ten years, a maximum $250,000 fine, and a term of three years of supervised release.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Tom Colthurst, with the Office of the United States Attorney for the Western District of Tennessee. In addition to the agencies listed above, assistance was provided by, among other agencies, the Bureau of Alcohol, Tobacco, Firearms.