LITTLE ROCK-Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Jeffrey Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), announced today that five-time convicted felon Andre Smalley, 33, of Little Rock, was sentenced to 96 months in federal prison for his illegal possession of a firearm.
A grand jury charged Smalley with one count of being a felon in possession of a firearm on May 6, 2015, and he pleaded guilty to that count on May 19, 2017. On Wednesday, United States District Court Judge D.P. Marshall, Jr., sentenced Smalley to eight years in prison, to be followed by three years of supervised release. There is no parole in the federal system.
“Andre Smalley is a dangerous, repeat offender who should not be free on the streets of Little Rock, and this sentence properly reflects the seriousness of his crime," Hiland said. “Prosecuting repeat offenders who terrorize our community by engaging in gun violence will be one of this office’s top priorities. Dangerous criminals who illegally possess and use firearms should know there will be a spot in a federal prison waiting for them."
At his change of plea hearing Smalley admitted that he possessed a gun during a fight on April 5, 2015. On that evening, Little Rock police officers responded to a fight in progress with shots fired at Our Community Market, located at 1901 Wright Avenue in Little Rock. While in route, communications relayed to officers that there was a male subject lying on the ground suffering from a gunshot wound and there were people trying to load him into a vehicle. Upon arrival, officers located what appeared to be a crime scene, but found that both the victims and suspects had fled the area prior to officers’ arrival.
Following witnesses’ descriptions, and with the aid of security camera footage, officers identified Smalley as one of the people involved in the fight. Footage showed Smalley appear to shoot a gun at victims. Two victims eventually went to the hospital with gunshot wounds.
A short time later, officers located a vehicle matching the description of one of the vehicles seen at Our Community Market during the fight. Smalley was driving the vehicle. Following the execution of a search warrant, officers located a Ruger 9mm handgun, which was consistent with the description of the gun used in the shooting. Additionally, three expended shell cartridges located at Our Community Market were forensically determined to have been fired from the Ruger pistol that was recovered from Smalley.
The investigation was conducted by the Little Rock Police Department and the ATF. The case was prosecuted by Assistant United States Attorneys Edward Walker and Kristin Bryant.
Source: U.S. Department of Justice, Office of the United States Attorneys
