Man Who Paralyzed USC Student Pleads Guilty to Federal Gun Charges

The 21-year-old Columbia resident who accidentally shot and paralyzed a 19-year-old USC student last fall appeared in federal court on Wednesday, February 19th, and pleaded guilty to federal gun charges.

Michael Juan Smith faces up to 10 years in prison if convicted on the charges of being a felon in possession of a firearm, which is a federal offense.

Smith faces several charges related to the accidental shooting of Martha Childress, a 19-year-old USC student who was in 5 Points with friends on October 13th, waiting for a taxi to take her back to her residence. Smith got into a heated argument with some acquaintances, and pulled a gun to shoot one of them. However, he missed, and the bullet instead hit Childress. It lodged in her spine and she is now in a wheelchair, paralyzed from the waist down.

At the time of the accidental 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, so he currently faces federal gun crime charges as well as the state-level criminal charges.

In addition to the federal gun charge, Smith faces state-level criminal charges as well. He is being held on charges of assault and battery of a high and aggravated nature, possession of a weapon during the commission of a violent crime, possession of a firearm by a person convicted of a violent felony, unlawful carrying of a pistol and possession of a stolen pistol.

So far, no sentencing hearing date has been set.

Federal Gun Charges in South Carolina

According to federal law, federal gun charges involve:

(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 Defends Federal Gun Charges

If you or a loved one are facing federal gun charges, 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