Government asks for 10-year sentence for reputed Joplin Honky on weapons charge

Saying that the only time in his life a purported Joplin Honky gang member has not been breaking the law was the time he spent in prison, the government is calling for a 10-year sentence for Douglas Alexius.

The sentencing hearing for Alexius, 47, who is charged with being a felon in possession of a firearm, is scheduled for 1 p.m. Thursday in U. S. District Court in Springfield.

Alexius' crimes are detailed in the government's sentencing memo, which was filed today:

In the instant case, on October 9, 2022, the defendant fled from law enforcement on his motorcycle after they attempted to conduct a traffic stop. 

During the pursuit, the defendant was operating his motorcycle at speeds more than 20 miles per hour over the posted speed limit and was swerving into the oncoming lanes of traffic. Eventually, the defendant crashed his motorcycle and law enforcement gave him commands to lay on his stomach. 

The defendant failed to heed law enforcement’s commands and instead stood up, attempted to unzip his left side jacket pocket, and approached the law enforcement officer. The officer deployed her taser to subdue the defendant and attempt to gain his compliance with her commands, however the defendant failed to comply following the first taser deployment and again stood up, attempted to unzip his left side jacket pocket, and approached the officer. 

The officer was forced to deploy her taser a total of three times before the defendant remained on the ground and was taken into custody.

Upon a search of his person, in his left side jacket pocket that the defendant was attempting to unzip, law enforcement located a loaded nine-millimeter pistol with a live round in the chamber.  

Based on the defendant’s actions, it is apparent that the defendant was ignoring law enforcement and was, instead, attempting to access the firearm he had in his pocket during his confrontation with law enforcement. Such egregious conduct created a very dangerous situation for the community and the responding officer and warrants an upward variance from the Guidelines range. 

The defendant appears before the Court for sentencing at the highest criminal history category contemplated by the U.S. Sentencing Commission, and despite his status as a criminal history category of VI, the Government would argue that his criminal history is underrepresented. 

The defendant’s criminal history is extensive and includes multiple felony convictions that, because of their age and the sentence imposed, were not scored for criminal history points. Illegally possessing weapons, physically resisting law enforcement intervention, and fleeing from police, is conduct that is nothing new for the defendant. 

Within his criminal history, the defendant has two prior convictions for unlawful use of a firearm, in one incident the defendant threatening a victim by pointing a firearm at the victim, and six convictions for resisting arrest – five of which are felony convictions – during which he either fled from or physically resisted law enforcement. 

Similar to the conduct in the instant case, in one of the defendant’s prior convictions for felony resisting arrest, he attempted to access a handgun while struggling with an officer who was attempting to detain the defendant. 

The defendant’s criminal history also involves illegal drugs and includes two felony convictions for possession of methamphetamine and prior federal convictions for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. 

The defendant has been living a criminal lifestyle for the better part of three decades and in that time, he has done nothing but show the complete lack of respect he has for the rule of law and those officers tasked with its enforcement. 

Further, the defendant has demonstrated that regardless of the sentence imposed he will not be deterred from criminal activity, and that he absolutely presents a danger to the community when he is not incarcerated, as the only significant time periods he has ceased to commit crimes have been while he is in prison and removed from the community. 

The Government recognizes that its recommended sentence is significant and does not recommend an upward departure from the Guidelines lightly. Nonetheless, the egregious circumstances of this case, the defendant’s abysmal criminal history, the risk he poses to law enforcement and the community at large, and his past failure to be deterred by criminal justice intervention demonstrate that such a sentence is necessary.

The sentencing memorandum from Alexius' attorney, Stuart Huffman, recommends a 5-year sentence and claims Alexius does not even remember the events that have led to his sentencing:

Defendant is a 47-year-old male with a long history of criminal behavior. Defense counsel and Defendant are not blind to the fact that many of his past encounters with law enforcement dealt with flight and putting others and himself at risk. 

Such behavior is what led to his current medical condition, stroke and brain bleed that left him with no memory of the events of the night of his arrest. When watching the body cams of officers involved, Defendant was unaware of his actions. As his wife stated, while he still has side effects from the injury, in some ways it has benefited him by causing him to be calmer.

The memorandum, which was filed Tuesday, includes letters from several of Alexius' relatives recommending a lighter sentence.

Former Newton County Sheriff Ken Copeland said Alexius was a member of the Honkies after Alexius was arrested March 1, 2016 at 1174 Crane Drive, Joplin. At the time of his arrest, Alexius was wanted on numerous felony charges, including vehicle theft and assaulting a law enforcement officer.