Date: 08-12-2024

Case Style:

Commonwealth of Pennsylvania v. Frederick Cornellius Brown, Jr.

Case Number: CP-09-CR0002066-2022

Judge: Not Avaiable

Court: Court of Common Pleas, Bucks County, Pennsylvan

Plaintiff's Attorney: Bucks County Pennsylvania District Attorney's Office

Defendant's Attorney:

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Description:

Doylestown, Pennsylvania criminal defense lawyer represented the Defendant charged for sale or transfer of firearms and other felonies.

Brown's convictions stem from his purchase of multiple firearms. The trial court aptly summarized the evidence presented at his jury trial as follows:

On April 8, 2021, [Brown] purchased three firearms: a SAR9 9-millimeter caliber handgun, a Smith & Wesson M&P9 2.0 9-millimeter caliber handgun, and a Smith & Wesson M&P40C 2.0 40-caliber handgun, at Lock's Philadelphia Gun Exchange, 6700 Rowland Avenue, Philadelphia, Pennsylvania ("Lock's"). N.T. 3/7/2023, pp. 96-97. For each of these purchases, [Brown] indicated on application forms that he was the actual buyer of the firearm and that he was not buying the firearm on behalf of another person, unless that person was his spouse, child, grandchild, parent or grandparent.

On June 16, 2021, [Brown] purchased a Sig Sauer P-320C 45 caliber handgun from Firing Line, 1532 South Front Street, Philadelphia, Pennsylvania. Id. at 110. On August 23, 2021, [Brown] purchased a SAR9 9-millimeter caliber handgun from Delia's Gun Shop, 6104 Torresdale Avenue, Philadelphia, Pennsylvania ("Delia's"). Id. at 102. Two days later, on August 25, 2021, [Brown] returned to Delia's to purchase another SAR9 9-millimeter handgun. Id. at 105. Again, for each of these purchases, [Brown] indicated on application forms that he was the actual buyer of the firearm and that he was not buying the firearm on behalf of another person, unless that person was his spouse, child, grandchild, parent or grandparent.

On October 16, 2021, [Brown] purchased a Bersa Thunder 380 handgun from Johnston's Sporting Goods, 715 State Road, Croydon, Bucks County, Pennsylvania ("Johnston's"). Id. at 22. On October 29, 2021, [Brown] purchased two firearms, a Hi-Point C-9 9-millimeter caliber handgun and a Taurus G2C 9-millimeter handgun, from Unicorn's Armory, 1333 Minot Avenue, Croydon, Pennsylvania. Id. at 114. On November 3, 2021, [Brown] purchased a Taurus G2C 9-millimeter caliber handgun from Delia's. Id. at 106. Shortly thereafter, [Brown] purchased six additional firearms of the same make, model, and caliber from Johnston's on November 16, 2021, November 23, 2021, December 9, 2021, and January 6, 2022. Id. at 24-29. Again, for each of these six purchases, [Brown] indicated on application forms that he was the actual buyer of the firearm and that he was not buying the firearm on behalf of another person, unless that person was his spouse, child, grandchild, parent or grandparent.

On Wednesday, January 12, 2022, Detective Mark Zielinski ("Detective Zielinski") of the Bucks County District Attorney's Office met with Patricia McGuigan ("Mrs. McGuigan'),
the owner of Johnston's, to determine if she was familiar with [Brown]. Upon reviewing a photograph, Mrs. McGuigan stated she recognized [Brown] and that he had purchased firearms from her store numerous times. On Sunday, January 16, 2022, Mrs. McGuigan contacted Detective Zielinski to inform him that [Brown] had attempted to purchase another firearm at her store that day. Id. at 46. Mrs. McGuigan informed [Brown] that his background check was in research, and that she would notify him when he was approved. Id.

On January 18, 2022, Mrs. McGuigan informed [Brown] that his background check had been approved and that he could come purchase the firearm. Id. Detective Zielinski, accompanied by other members of law enforcement from the District Attorney's Office (collectively, "Law Enforcement"), traveled to Johnston's to conduct surveillance. Id. at 47. At approximately 2:13 P.M., [Brown] arrived at Johnston's, operating his 2016 Black Dodge Journey, with New Jersey License Plate # W64-KHT. Id. at 48. Law Enforcement observed from the parking lot as [Brown] paid in cash for a Taurus G2C 9-millimeter handgun and a box of 9mm ammunition. Id. at 53. [Brown] then exited Johnston's, carrying his purchases in a white plastic bag. Id. [Brown] left Johnston's parking lot and Law Enforcement, through continued surveillance, followed and observed [Brown] stop his vehicle at 1142 Kaighns Avenue, Camden, New Jersey. Id. at 135. Law Enforcement observed a male individual get into [Brown's] vehicle from the front passenger's side door. A short time later, the same individual exited the vehicle and walked away without anything noticeably in his hands or on his person. Law Enforcement then followed [Brown] to his residence at 3100 Grant Avenue, Philadelphia, Pennsylvania, where he exited his Dodge and walked into his apartment with no apparent items in his hands or on his person. Id. at [1]5[1]-[1]52. Special Agent Marta Santos, a member of Law Enforcement, walked over to [Brown's] vehicle and, looking through the window, did not see, in plain view, the white plastic bag, firearm, or box of ammunition [Brown] just purchased. Id. at 159. Law Enforcement researched the Alcohol, Tobacco, Firearms and Explosives ("ATF") database and discovered that [Brown] purchased twenty firearms since 2011, three of which were recovered from other individuals in the course
of criminal activity. N.T. 3/6/2023, p. 106, 114. [Brown] never reported these firearms to be lost or stolen.

On February 2, 2022, Law Enforcement received a tip from Pennsylvania State Police that [Brown] had attempted to purchase another firearm at Lock's. N.T. 3/7/2023, p. 164. At the time of his attempted purchase, [Brown] was informed that his background check was placed into research and that he would be notified when he was cleared for purchase. That same day, Detective Zielinski submitted an Affidavit of Probable Cause to Magisterial District Judge Frank W. Peranteau, Sr. of Bristol, Pennsylvania, and requested the issuance of an Arrest Warrant for [Brown], which was subsequently granted by His Honor.

Shortly thereafter, Lock's staff notified [Brown] that his background check cleared and that he could purchase the firearm. Law Enforcement traveled to Lock's to execute the arrest warrant and observed [Brown] exiting Lock's at approximately 12:10 P.M. Id. at 165. Detective Zielinski, joined by Special Agent Christopher Murano ("Agent Murano') of the Attorney General's Gun Task Force, approached [Brown], informed him he was under arrest, and orally gave him his Miranda warnings. Id. at 166-167. [Brown] was then handcuffed and transported to the Office of the District Attorney in Levittown, Bucks County, Pennsylvania. Id. at 176. Agent Murano confiscated carbon copies of the application forms, a receipt for a Taurus G2C firearm, the Taurus G2C firearm itself, and ammunition. Id. at 175. Upon arrival at the Office of the District Attorney in Levittown, Law Enforcement gave [Brown] his written Miranda warnings. Id. at 176. [Brown] signed the form acknowledging that he understood his rights and was waiving his right to speak with counsel. Id. at 177-178. [Brown] then stated to Law Enforcement that he was trying to "make ends meet" and that he had purchased at least fifteen firearms and sold them to friends and family and disclosed that most of the transfers were to individuals living in New Jersey. Id. at 206-207. As [Brown] spoke, Agent Murano wrote his statement:

Question: Mr. Brown, I've introduced you to all the agents and detectives present and have read you your rights twice today. I'd like to ask you some questions concerning your firearms purchases. Okay?

Answer: Yes.

Question: How many guns have you ever purchased in your life, if you know?

Answer: That I recall, I'd say about 15.

Question: With the exception of the gun we seized from you today, do you know where any of those guns are now?

Answer: Yes.

Question: Okay. Relative to the guns that you could perceivably get back, how many?

Answer: Six.

Question: Where are those guns located?

Answer: Camden.

Question: Who is in possession of the rest of the guns that you have purchased?

Answer: Two of my grandsons, my son-in-law, two nephews, that's it for now.

Question: Are the persons you described able to purchase guns on their own?

Answer: No, because they are from New Jersey.

Question: Do they have criminal records that you know of?

Answer: No.

Question: I noticed that you have been buying several Taurus G2C handguns. Is there a particular reason for that?

Answer: No, it's just a cheaper gun.

Question: How does it occur that you purchased these guns for other people? Did they ask you to and provide the money?

Answer: Yes.

Question: Do you get anything out of this transaction?

Answer: Yes, $100. Like I said, these people are my friends, family and friends.

Question: You purchased a Taurus at Johnston's Sporting Goods a few weeks ago. What did you do with that gun immediately following the transaction in Croydon?

Answer: I believe I went to my cousin in Willingboro.

Question: A male jumped in the front of your car while you were in Camden after that transaction. Who was that person?

Answer: That was my nephew, Michael Brown. He's 46 years old, he's kind of heavy, he drives a white van.

Question: Did you know that you were being followed by us on that day that you bought the gun at Johnston's?

Answer: Absolutely not.

Question: What stores have you purchased guns from that you can recall?

Answer: Johnston's, Delia's, Lock's and the Firing Line and Unicorn in Croydon.

Question: After you made the gun transaction in New Jersey, you came back over the bridge and went to the Wawa near your apartment and spoke on the phone for about a half hour. Was that a conversation relative to guns?

Answer: Probably not. I could have been talking to anybody. If I had already done what you saw me do, there would be no reason to be talking about it.

Question: How do you get requests for guns for other people?

Answer: They call me on the phone.

Question: Have you ever bought guns for anyone in Philadelphia?

Answer: One of my neighbors, Danny. He lives in my complex.

Question: Does he drive a car?

Answer: He drives a big, black Escalade.

Question: What kind of gun did you buy for him?

Answer: A Taurus, I probably got it at Lock's.

Question: The gun that you bought today at Lock's, who was that gun for?

Answer: My cousin, his last name is Brown. We've always called him Bumpers. He lives in Willingboro, I believe on Beaverdale Drive.

Question: Is he going to be calling you looking for that gun?

Answer: Yes, he gave me the money for it. $500.

. . .

Question: So far we have Danny, Michael Brown, and Bumpers. Who else have you given guns to or purchased guns for?

Answer: Rashan Coles, he was jumped in Camden and they took the gun from him. He got jumped and stabbed.

Question: Was he hospitalized?

Answer: For about a day.

Question: Do you have physical custody of any of the other guns that you have ever purchased?

Answer: No.

Question: Okay, Mr. Brown. I think we are done. I'll ask Detective Zielinski to review this statement with you and ask you to make corrections, if there are any. Okay?

Answer: Yes.

Id. at 206-210. Agent Murano then provided [Brown] this written statement to review and correct if necessary. Id. [at 210].

Rule 1925(a) Opinion, filed 9/6/23, at 1-7 (footnote omitted).

Outcome: The jury found Brown guilty of 17 counts of Materially False Written Statement and 17 counts of Duty of Persons. The trial court sentenced Brown to an aggregate term of 10 to 20 years' incarceration.

Affirmed.

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