FOR IMMEDIATE RELEASE
Friday, November 21, 2008
JERROD HENRY FISTER, GUY ERIC WALDRON and WAYNE LEROY WALDRON JR. SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on November 21, 2008, before U.S. District Judge Donald W. Molloy, GUY ERIC WALDRON, age 30, and WAYNE LEROY WALDRON JR., age 39, residents of Libby, appeared for sentencing.
FISTER was sentenced to a term of:
- Probation: 5 years
- Special Assessment: $100
- Supervised Release: 5 years
GUY WALDRON was sentenced to a term of:
- Prison: 24 months
- Special Assessment: $100
- Supervised Release: 3 years
WAYNE WALDRON was sentenced to a term of:
- Prison: 70 months
- Special Assessment: $100
- Supervised Release: 3 years
They were sentenced in connection with their guilty pleas to being unlawful users of controlled substances in possession of firearms.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 11, 2007, the Lincoln County Sheriff's Office (LCSO) received a report of a residential burglary in Libby. Several firearms were stolen, including a Winchester 12 gauge shotgun, which was subsequently recovered from FISTER.
On November 28, 2007, a Montana State Probation and Parole officer requested assistance on a probation warrant. Law enforcement went to a motel in Libby to look for the probation absconder. The probationer was not located, but FISTER and his girlfriend were located in the room. FISTER admitted he had been smoking marijuana in the room and produced marijuana and a pipe. FISTER also admitted to being a methamphetamine user and that he had used a lot of methamphetamine in the past year.
FISTER consented to a search of the motel room and admitted there was a .44 magnum revolver on the stand next to the window. He purchased it from an ad in the "Mountain Trader" magazine. A 12 gauge shotgun was also located during the search. FISTER stated he bought the shotgun from GUY WALDRON, who also offered to sell him methamphetamine.
It was determined the shotgun was stolen in the Libby residential burglary. WAYNE WALDRON subsequently admitted to the burglary in which this shotgun and several other firearms were stolen and stated he gave the firearms to his brother, GUY WALDRON.
FISTER'S girlfriend stated that GUY WALDRON carried the shotgun into the motel room, tossed it on the bed, and told FISTER, "there's your gun."
On November 29, 2007, GUY WALDRON whispered to FISTER that the shotgun "should be cool and not reported yet."
On approximately November 26, 2007, GUY WALDRON had loaned a vehicle to FISTER and the vehicle was impounded on November 28, 2007. On December 13, 2007, GUY WALDRON met with officers to pick up the vehicle. Officers observed a revolver in a holster laying in plain view on the dash of GUY WALDRON'S pickup.
On December 6, 2007, a search warrant was obtained at the motel where WAYNE WALDRON was staying. During the search, firearms were located. During a search of WAYNE WALDRON'S vehicle, a glass pipe was recovered.
During the course of serving an arrest warrant on WAYNE WALDRON, GUY WALDRON arrived and told detectives that WAYNE WALDRON committed several burglaries. GUY WALDRON denied going into any of the homes with his brother but admitted to selling some of the stolen property his brother had given to him. The detective noticed a Ruger pistol lying on GUY WALDRON'S dashboard. GUY WALDRON told the detective he carried the pistol with him everywhere he went.
The same day, officers went to the residence of B.P. to secure a truck believed to have been used in multiple burglaries by WAYNE WALDRON. B.P. consented to a search of her residence. A tool box containing drug paraphernalia was located. GUY WALDRON admitted this tool box belonged to him.
During August 13-22, 2007, GUY WALDRON was incarcerated and admitted to officers he used methamphetamine, but only a couple of times.
Officers spoke to J.B. multiple times during the fall of 2007. J.B. stated GUY WALDRON offered to sell him methamphetamine on multiple occasions. On one occasion, J.B. stated he saw GUY WALDRON with three 8-balls of methamphetamine.
On December 7, 2007, WAYNE WALDRON admitted to committing several burglaries in Lincoln and Sanders Counties. On December 11, 2007, and December 13, 2007, WAYNE WALDRON told officers his brother, GUY WALDRON, and GUY WALDRON'S girlfriend were accomplices. WAYNE WALDRON also stated he had given most of the stolen firearms to his brother GUY WALDRON, who had in turn sold them.
On December 14, 2007, WAYNE WALDRON told officers he believed GUY WALDRON sold the stolen firearms to eight various people and that J.S. should have most of the stolen firearms from the Libby residential burglary.
Several individuals would have testified to purchasing firearms from GUY WALDRON.
FISTER is a long-time user of both marijuana and methamphetamine. His drug use was verified by his own admissions to law enforcement as well as collateral witnesses.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
The investigation was a cooperative effort between the Lincoln County Sheriff's Office, the Montana Probation and Parole, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."
