Description: Norfolk, Virginia criminal defense lawyer represented the Defendant charged with possessing unregistered silencers and explosives while being an unlawful drug user.

on July 14, 2022, Daniel Burky, 33, was being evicted from an apartment in Virginia Beach when law enforcement discovered explosives, silencers, firearms, and drugs in the apartment. During the search, law enforcement found, among other firearms, an AK-47 style firearm. Additional items found in the apartment include boxes of firearm suppressors, a ballistic helmet, a ballistic vest, a gas mask, and multiple rifle magazines. The Virginia Beach Fire Department, Fire Marshal, and Bomb Squad were called to the scene. Located throughout the apartment were chemicals that, when combined, become homemade explosives that are known to be extremely unstable and hazardous.

A subsequent review of the seized electronic devices showed numerous videos of Burky shooting both handguns and rifles outfitted with the silencers. Burky did not possess, and has never possessed, either a Federal Explosives License (FEL) or a Federal Firearms License (FFL).

Burky also pleaded guilty and was sentenced for drug and firearms charges in the Virginia Beach Circuit Court this past summer.

Burky is scheduled to be sentenced on April 11, 2024. He faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jason Miyares, Attorney General of the Commonwealth of Virginia; Colin Stolle, Virginia Beach Commonwealth Attorney; Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement after U.S. Magistrate Judge Doulas E. Miller accepted the plea.

Significant assistance was provided by the Virginia Beach Fire Department and Fire Marshals and the Virginia Beach Sheriff’s Office.

Assistant U.S. Attorney Kevin M. Comstock and Special Assistant U.S. Attorney Marc W. West are prosecuting the case.

The Office of the Attorney General prosecuted the case in conjunction with the U.S. Attorney’s Office.

Outcome: 10/20/2023 20 Waiver of Right to Rule 11 before a US District Judge by Daniel Louis Burky (kgall) (Entered: 10/20/2023)
10/20/2023 21 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Plea Agreement Hearing as to Daniel Louis Burky held on 10/20/2023. US appeared through Kevin Comstock. Deft appeared w/ counsel James Broccoletti. Deft entered plea of guilty to Counts 1 and 2 of the Criminal Information. Deft referred to PO for PSR. Sentencing set for 4/11/2024 at 02:00 PM in Norfolk Courtroom 5 before District Judge Elizabeth W. Hanes. Deft continued on bond. (Court Reporter J. Trail)(kgall) (Entered: 10/20/2023)
10/20/2023 22 WAIVER OF INDICTMENT by Daniel Louis Burky. (kgall) (Entered: 10/20/2023)
10/20/2023 23 PLEA AGREEMENT as to Daniel Louis Burky. (kgall) (Entered: 10/20/2023)
10/20/2023 24 Statement of Facts as to Daniel Louis Burky. (kgall) (Entered: 10/20/2023)
10/20/2023 25 Sentencing Procedures Order as to Daniel Louis Burky. Signed by Magistrate Judge Douglas E. Miller on 10/20/2023. (kgall) (Entered: 10/20/2023)
10/20/2023 26 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Daniel Louis Burky. Objections to R&R due by 11/3/2023. Signed by Magistrate Judge Douglas E. Miller on 10/20/2023. (kgall) (Entered: 10/20/2023)
10/20/2023 27 Consent Order of Forfeiture as to Daniel Louis Burky. Signed by District Judge Elizabeth W. Hanes on 10/20/2023. (kgall) (Entered: 10/23/2023)

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Defendant's Experts:

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