Man Who Paralyzed USC Student in Five Points Shooting in Federal Court for Charges of Felon in Possession of a Firearm

The suspect charged with accidentally shooting and paralyzing a USC student after firing a gun in Five Points has been denied bond after receiving federal charges of being a felon in possession of a firearm.

Michael Juan Smith, 20, was in court on Tuesday, November 19th, for violating federal law stating that convicted felons cannot possess firearms. He entered a plea of not guilty, but was denied bond.

On October 13th, Smith reportedly engaged in an argument with two other men in the Five Points area, and pulled a gun to shoot at them. However, he missed his targets and instead fired into a group of people, including USC students, who were waiting for taxis to take them home. One of his bullets struck Martha Childress, 19, and severed her spinal cord, leaving her paralyzed.

At the time of the shooting, Smith was on probation. He has prior convictions for second-degree burglary and grand larceny. One of the burglary convictions was classified as a violent crime. These previous charges led to the federal charge of felon in possession of a firearm.

He also faces state-level charges of assault and battery of a high and aggravated nature, possession of a weapon during the commission of a violent crime, and possessing a stolen gun.

Charges of Being a Felon in Possession of a Firearm

Felon in possession of a firearm cases in Federal court are very serious offenses and often involve other criminal allegations. Depending upon your prior criminal history, you are likely facing severe incarceration time jeopardizing your personal and professional livelihood.

According to federal law:

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C.802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien-

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.1101 (a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that-

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)

(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The Strom Law Firm Can Help with Charges of being a Felon in Possession of a Firearm

If you or a loved one are facing charges for being a felon in possession of a firearm, contact the criminal defense attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the best defense for your case. Contact us today at 803.252.4800