Two Georgia Residents Charged With Conspiring To Traffic Firearms

 

A Third Co-Conspirator Shot And Critically Wounded an FBI Task Force Officer After Law Enforcement Attempted To Interdict

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Police Commissioner John Mueller, Yonkers Police Department, announced charges today against BRYCE MARTIN and XAVIER SIMMS for conspiring to traffic firearms from Georgia to New York. The defendants traveled together with a third co-conspirator who opened fire on a FBI Federal Task Force Officer after law enforcement attempted to interdict in Yonkers, New York on April 20, 2022.  The defendants were presented in White Plains federal court before United States Magistrate Andrew E. Krause.

U.S. Attorney Damian Williams said: “Gun crime is plaguing our communities, and the actions of the criminals using them are putting lives in danger. Our law enforcement partners are out doing all they can to get illegal weapons and ‘ghost guns’ off the streets before more people get killed. The violence has to stop, and we have to hold accountable those who are breaking the law.”

FBI Assistant Director-in-Charge Michael J. Driscoll said: “As we allege today, Mr. Martin and Mr. Simms conspired to illegally traffic firearms, and, when law enforcement attempted to intervene, one of their co-conspirators shot and critically wounded one of our task force officers. Subsequent investigation resulted in the recovery of several firearms, including a "ghost gun," an untraceable type of weapon that continues to pose a significant threat in our communities. We are grateful for the survival of our partner, and our thoughts remain with him and his loved ones as he continues to recover from his injuries.”

Commissioner Mueller said: “The Yonkers Police and our fantastic federal, state and local partners will never stop from providing a safe and secure environment for our beloved residents. What took place in this incident is yet another example of the hard work and commitment to mission and heroism. These efforts occur each and every day and will continue for as long as is needed to make our communities safe.”

As alleged in the Complaint[1]:

On April 20, 2022, members of the FBI Westchester Safe Streets Task Force and the Yonkers Police Department were investigating illegal firearms activity in the vicinity of Elm and Linden streets in Yonkers, New York.  During the course of their investigation, they attempted to interdict members of the conspiracy, including Bryce MARTIN and Xavier SIMMS.  A third co-conspirator (“CC-1”) shot and critically wounded an FBI Task Force Officer, at close range, after law enforcement approached members of the conspiracy, including MARTIN and SIMMS. 

Law enforcement recovered at least four firearms from members of the conspiracy, including a “Ghost Gun”—a type of firearm that is designed to evade law enforcement detection.  Later investigation revealed that SIMMS and MARTIN traveled together with CC-1 from Georgia with several firearms to sell.  Evidence recovered from their cellphones showed that SIMMS and MARTIN both had access to specialized firearms, including machinegun-style weapons. 

MARTIN, 23, of Hampton, Georgia, is charged with one count of conspiring to traffic firearms, which carries a maximum sentence of five years’ imprisonment.

SIMMS, 22, of Covington, Georgia, is charged with one count of conspiring to traffic firearms, which carries a maximum sentence of five years’ imprisonment. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the FBI and the Yonkers Police Department. 

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaint and the descriptions of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.