A Mexican national living illegally in Billings has been sentenced to 18 months in prison for possessing a firearm, according to U.S. Attorney Kurt Alme.
Javier Vidal Rico, 42, pleaded guilty to being a prohibited person in possession of a firearm. The sentencing was handed down by U.S. District Judge Susan P. Watters.
Court documents state that on December 25, 2024, around midnight, Yellowstone County Sheriff’s Office deputies responded to a report of an individual brandishing a firearm at a Christmas party on Lewis Avenue in Billings. According to witnesses identified as John and Jane Doe, an unknown man arrived at the party and argued with John Doe. Jane Doe saw the man pull out a teal pistol and point it at John Doe’s stomach before John Doe wrestled the weapon away from him. The suspect then fled the scene.
John Doe reported that the individual left in a black Cadillac Escalade after he had thrown a rock through one of its windows. Deputies later found such a vehicle outside Rico’s residence with damage matching the description and identified it by a “Rico Construction” decal.
The following day, deputies interviewed Rico at his home. He admitted attending the party and confirmed ownership of the Escalade. During a consensual search of his residence, law enforcement found live ammunition, a loaded pistol magazine, and a gun holster.
Rico was arrested and stated during booking that he is a citizen of Mexico who entered the United States illegally in 2021 after paying someone to help him cross into the country. He said he previously lived in Missouri before moving to Montana. Authorities later verified that Rico had been removed from the United States in 2014 and was subject to a lifetime ban on reentry; he did not have permission from federal authorities to return.
Assistant U.S. Attorney Jacob Yerger prosecuted the case, which involved investigations by multiple agencies including Yellowstone County Sheriff’s Office, Montana Highway Patrol, U.S. Immigration and Customs Enforcement (ICE), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
"This case is part of Operation Take Back America—a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime," according to information provided by officials. "Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN)."
