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Monday, December 23, 2024

Nashville man convicted after evading festival barricades with loaded gun

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Merrick B. Garland, Attorney General | https://www.justice.gov/

Merrick B. Garland, Attorney General | https://www.justice.gov/

A federal jury has convicted John Joseph Simmons, II, age 34, from Nashville on charges of being a convicted felon in possession of a firearm. The conviction follows an incident on May 13, 2023, when Simmons was stopped for evading barricades set up for the annual Blooming Festival in Nashville with a loaded gun in his car.

“Nashville’s annual Blooming Festival typically draws families enjoying food, music, and springtime fun. But in the last several years, the festival has sometimes drawn reckless actors with guns,” said U.S. Attorney Michael Easley. “We are proud to partner with the Nashville Police Department in its stepped-up efforts to keep the community safe. This verdict is a clear warning to keep illegal guns away from Eastern North Carolina festivals this summer. This former felon dodged a police barricade with a loaded gun in the car. He now faces a lengthy federal prison sentence.”

Court records and evidence presented at trial indicated that Simmons illegally possessed a firearm when he drove past a police barricade on West Washington Street in downtown Nashville during the Blooming Festival. Simmons had previously been convicted of robbery with a dangerous weapon and second-degree kidnapping in Edgecombe County and was not allowed to possess a firearm.

When officers stopped Simmons for driving around the barrier, they spotted a Taurus G3C 9mm handgun on the front passenger seat within reach of Simmons. An officer asked Simmons if he was a convicted felon, to which he responded by looking directly at the firearm and then stating, “that’s not mine, it’s my girlfriend’s gun,” acknowledging his awareness of the gun's presence. The firearm was loaded with 12 rounds including one in the chamber and its safety was not engaged.

Simmons still faces charges in Nash County for DUI related to his stop.

Caleb Shockley, Head of Investigations for the Nashville Police stated: “This is a prime example of how the Nashville Police Department is and continues to collaboratively work with Federal Task Force Officers and the United States Attorney’s Office in order to secure justice for violent felons who possess firearms. This is a proactive approach to address the recent uptick in violence that Nashville has experienced, particularly firearm-related incidents at the Blooming Festival.”

Simmons faces a maximum penalty of 15 years in prison when sentenced on a future date.

Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after Chief U.S. District Judge Richard E. Myers II accepted the verdict. The Nashville Police Department and Homeland Security Investigations investigated the case while Assistant U.S. Attorneys Julie Childress and Phil Aubart are prosecuting it.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:24-CR-114-M-BM.

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