Wednesday, December 18, 2019

Joplin man who was "just trying to help a guy out," receives 5-year sentence on drug, weapons charges

A federal judge sentenced to Joplin man to serve five years and four months in prison on drug and weapons charges today during a hearing in U. S. District Court in Springfield.

James E. Davis, 44, will serve five years for illegally possessing weapons and four months for possession of a controlled substance with the sentences to be served consecutively. After his release, Davis will be on supervised probation for three years.

A third charge of transporting firearms was dismissed as part of a plea agreement.








Davis' crimes were detailed in the plea agreement:

On June 8, 2018, Corporal Michael Gauss with the Joplin, Missouri, Police Department stopped the defendant while he was driving a vehicle in Joplin, Jasper County, Missouri. 

During a search of the defendant’s vehicle, Corporal Gauss located a Smith and Wesson, model SD9VE, .9 mm pistol, bearing a defaced serial number. The firearm was loaded with one in the chamber. 

Officers also found a black bag containing more Hydrocodone and “Dab,” a butane hash oil. Inside the trunk, officers located a Mossberg, model Maverick, 12 gauge shotgun, bearing serial number MV62879X; a Higgins, model 2012, 12 gauge shotgun, bearing no serial number; an H&R, model Pardner Pump, 12 gauge shotgun, bearing serial number NZ636040; a Remington, model 597, .22 caliber rifle, bearing serial number D2964244; several rounds of .9 mm and 12 gauge ammunition; and a backpack containing a Jiminez, model J.A., .9 mm pistol, bearing serial number 16977, two grinders, a black jar containing marijuana, and plastic baggies. The officers also located hash oil, a butane lighter, a role of “Hashed RX” stickers, and a weight max scale. 

After all of the items in the trunk were seized, officers located a black bag in the back passenger seat. Inside the bag, the officers found several bags of marijuana. In total, the officers seized 6 firearms, 478.8 grams of marijuana, 65.4 grams of hash oil, and 57 Hydrocodone pills. 

The defendant was transported to the jail, where Corporal Gauss read him his Miranda rights. The defendant stated that he understood his rights and agreed to speak with Corporal Gauss. When Corporal Gauss asked the defendant about the pills, the defendant stated they were his and that he had a prescription for them. 

The defendant admitted that the black bag located in the front passenger floorboard, which contained Hydrocodone and hash oil, belonged to him. The defendant also admitted to knowing about one of the shotguns located in the trunk of the vehicle. 










When Corporal Gauss advised the defendant he had located a tablet in the trunk of the vehicle and asked if it belonged to him, the defendant stated that it did. When Corporal Gauss advised the defendant that he had located the tablet in the backpack containing the Jiminez pistol and bags of marijuana, the defendant stopped talking and looked down at the ground. 

The defendant stated that he was not a bad guy, and that he was moving all of the items for a friend. The defendant further stated that he knew he was in trouble for knowing about the guns in the vehicle, but that he was just trying to “help a guy out.” 

The defendant admits to possessing the 478.8 grams marijuana and 65.4 grams of hash oil found in the Malibu on June 8, 2018, with the intent to distribute. The defendant further admits to possessing the six firearms found in the Malibu on June 8, 2018, in furtherance of his possession of the 478.8 grams marijuana and 65.4 grams of hash oil with the intent to distribute.

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