Northern District of Ohio

www.justice.gov/usao/oh

For Immediate Release

May 3, 2012

Steven M. Dettelbach, United States Attorney

Contact: Mike Tobin, Public Affairs Specialist
(216) 622-3651
Michael.Tobin@usdoj.gov

Three Toledo Men Charged With Violating Federal Firearms and Drug Statutes

Three Toledo men are accused of violating federal firearms and drug statutes after charges were filed this week, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Robert Browning, Special Agent in Charge, Columbus Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Federal, state and local law enforcement remain committed to working together in Toledo to go after those who possess firearms despite convictions that forbid them from carrying guns or who use firearms while dealing drugs, Dettelbach said.

We are very proud of our close working relationship with our federal, state and local law enforcement counterparts in addressing violent crime, Browning said. These cases exemplify our ability to bring armed criminals to justice.

The three cases are not related.

Kevin R. Hornbeak, age 26, is charged with one count of possession of a firearm in furtherance of a drug trafficking offense, one count of being a felon in possession of ammunition and five counts of possession of a controlled substance with the intent to distribute.

Hornbeak possessed crack cocaine and heroin on several occasions in 2010 and 2011, according to the indictment. He was also found on Nov. 22, 2011 to have 48 rounds of .380 caliber ammunition and 39 rounds of 9 mm ammunition, despite a previous conviction for felonious assault, according to the indictment.

Hornbeak also used a HiPoint .380 semiautomatic pistol in the furtherance of selling cocaine and heroin, according to the indictment.

A criminal information was filed against Christopher Johnson, age 25. The information charges Johnson with possession with intent to distribute crack cocaine on January 3, 2012. The information also charges Johnson with using and carrying a firearm (a Kimbel .32-caliber revolver) during and in relation to a drug trafficking crime on the same date.

Also charged in a criminal information was Jeremiah Mims, 31. The information charges Mims with possession with intent to distribute heroin on November 13, 2011. The information also charges Mims with using and carrying a firearm (a Smith & Wesson .38-caliber revolver) during and in relation to a drug trafficking crime on the same date.

If convicted, the defendants' sentences will be determined by the court after reviewing factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigating agency in these cases is the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, Toledo, Ohio. The cases are being handled by Assistant United States Attorney Gene Crawford.

An indictment or information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

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