Louisville, KY - A federal grand jury in Louisville, Kentucky, returned an indictment today, charging two local men with illegally possessing machine guns.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, ATF Special Agent in Charge R. Shawn Morrow of the Louisville Field Division, and Chief Barry Wilkerson of the St. Matthews Police Department made the announcement.
According to court documents, on May 27, 2022, Clayton Hodges, 22, and Timothy Martin, 22, each knowingly possessed a machine gun, a Glock switch bearing no serial number. Additionally, Hodges was charged with possession of a firearm by a convicted felon. In 2019, Hodges was convicted of the following felonies: criminal attempt robbery in the first degree and wanton endangerment in the first degree.
A “Glock switch" device allows a semi-automatic handgun to function as an automatic. Glock switches are defined as machine guns under federal law.
Hodges and Martin are currently in state custody, and they will be scheduled for their initial appearances before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky once they are transferred to federal custody. If convicted, Martin faces a maximum sentence of 10 years in prison, and Hodges faces a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
The ATF and the St. Matthews Police Department are investigating the case.
Special Assistant U.S. Attorney Emily Lantz is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Source: U.S. Department of Justice, Office of the United States Attorneys