DoJ Seal

U.S. Attorney's Office
Eastern District of Kentucky
James A. Zerhusen - Acting United States Attorney


FOR IMMEDIATE RELEASE
MONDAY, JULY 28, 2008
www.usdoj.gov/usao/kye

For information contact:
Kyle Edelen
(859) 685-4811
E-Mail: Kyle.Edelen@usdoj.gov

   

McDonald Sentenced to 15 Years for Possession of a Firearm by a Convicted Felon

London, Ky. — Jimmy Ray McDonald, 49, of Gray, KY, was sentenced to 180 months in prison for possession of a firearm by a convicted felon, by United States District Court Judge Danny C. Reeves.

The charge stems from a hunting accident that resulted in the shooting death of Brain Myrick, 20, also of Gray, KY. On or about October 14, 2007, the Knox County Sheriff’s Office and Kentucky State Police responded to a report of a shooting in the Bailey Hollow area of Gray, KY. When law enforcement arrived at the scene, they discovered McDonald attempting to provide aid to Myrick who had been wounded by a single gunshot wound to his side. Law enforcement and McDonald continued to provide aid until emergency medical personnel arrived. Myrick was taken to a local hospital where he was pronounced dead from the gunshot wound.

McDonald admitted to accidentally shooting Myrick, his neighbor and hunting partner, with a .22 caliber rifle while aiming at a squirrel. Subsequent investigation revealed that McDonald was prohibited from possessing a firearm due to multiple prior felony convictions.

A felon in possession charge typically carries a maximum statutory penalty of 10 years imprisonment. However, McDonald was subject to an enhanced penalty of 15 years based on his status as an Armed Career Criminal, pursuant to Title 18, Section 924(e) of the United States Code. Specifically, McDonald had a prior 3rd Degree Burglary conviction, and two 2nd Degree Escape convictions in state court that qualified him for the enhanced penalty.

James A. Zerhusen, Acting United States Attorney for the Eastern District of Kentucky, Paul J. Vido, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms & Explosives (Louisville Field Division), and Rodney Brewer, Commissioner, Kentucky State Police, jointly made the announcement after the sentencing.

The investigation was conducted by the ATF & KSP. The United States was represented by Assistant United States Attorney W. Samuel Dotson.

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