Wednesday, December 13, 2023, started similar to every other workday for Bryan Montiea Wilson, a 33-year-old resident of West Columbia, South Carolina, who had by no means been in hassle with the regulation.
At 6 a.m., Wilson started his shift at Harsco Rails on West Expertise Drive, the place he labored as a fabric processor for the railroad tools producer. A pair hours later, Wilson’s supervisor discovered him on the power ground and advised him to report back to the primary workplace. Inside have been two males and a girl, all sporting civilian garments. They advised Wilson they have been ATF brokers and that they’d a warrant for his arrest. They by no means confirmed him a badge.
Wilson was handcuffed and searched. He didn’t resist and complied absolutely with their calls for.
He advised the brokers he was diabetic, in order that they allowed his supervisor to retrieve a Pop-Tart, fruit juice and blood-sugar monitor from his locker. Wilson was walked out of Harsco in handcuffs.
All of his coworkers witnessed his arrest. Within the car parking zone, Wilson noticed two extra brokers looking out his automobile.
On the best way to the federal courthouse, the brokers allowed Wilson to name his brother, who notified his dad and mom of his arrest. On the courthouse, Wilson was booked, fingerprinted and photographed.
He was searched a second time; all of his private property was seized, and he was locked in a holding cell by himself.
Ultimately, a Federal Public Defender was allowed in and confirmed Wilson a duplicate of an indictment, which charged him with 5 counts of possession with intent to distribute a managed substance and three counts of possession of a firearm in furtherance of a drug trafficking offense.
Wilson confronted as much as 115 years in a federal penitentiary and greater than $17 million in fines. The indictment additionally sought to forfeit unspecified private property and cash. Wilson had by no means been arrested in his life. He repeatedly advised his lawyer he was harmless and that there needed to be some type of mistake.
Wilson was ushered right into a courtroom and arraigned earlier than a U.S. Justice of the Peace Choose, who learn the costs off of the indictment. An agent falsely testified that the ATF had Wilson beneath surveillance for the previous 13 months. The agent listed a number of dates when Wilson allegedly offered medicine to undercover ATF brokers. He claimed they’d Wilson on tape committing the crimes, and that different codefendants had been arrested as nicely.
Wilson pleaded not responsible. The decide was keen to schedule a bond, however prosecutors needed Wilson held for a number of days as an alternative. After the listening to, Wilson continued to inform his lawyer that there had been a mistake. His household, who have been current throughout the arraignment, stated the identical factor.
False Stories
In keeping with courtroom paperwork, from November 2022 to March 2023 West Columbia Police Officers Calvin Brown and David Thompson – who have been assigned to an ATF activity power and supposedly working beneath ATF supervision – “performed a collection of gun and drug purchases from (amongst others) somebody they recognized as Mr. Wilson.”
In keeping with the officers’ reviews, the individual that the officers purchased weapons and medicines from and surveilled was listed as “WILSON, BRYAN MONTIEA” or “BRYAN WILSON.” Their reviews even listed Wilson’s precise dwelling tackle. They described him as a black male, 33 years outdated, 5 toes, 10-inches tall, with black hair and brown eyes – an outline that matches Wilson and a number of different West Columbia residents.
Their reviews doc quite a few undercover purchases of crack cocaine, methamphetamine and quite a few firearms from somebody they falsely believed was Wilson.
On March 15, 2023, the officers wrote “A CONTROLLED PURCHASE FOR 2 FIREARMS FOR THE PRICE OF $1,900 AND 29 GRAMS OF METHAMPHETAMINE FOR THE PRICE OF $280 FROM THE SUSPECT IDENTIFIED AS BRYAN WILSON WAS CONDUCTED THROUGH THE USE OF CONFIDENTILA (sic) INFORMANTS AND UNDERCOVER OFFICERS.”
On December 5, 2023 – eight days earlier than Wilson’s arrest – a federal grand jury issued an eight-count indictment, alleging Wilson dedicated the next federal crimes:
Rely One: Possessing and distributing crack cocaine on November 10, 2022, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
Rely Two: Possessing and distributing 5 grams or extra of methamphetamine (i.e., “meth”) and crack cocaine on November 18, 2022, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and (b)(1)(C).
Rely Three: Possessing and distributing crack cocaine on December 8, 2022, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
Rely 4: Utilizing and carrying a firearm throughout a drug trafficking crime on December 8, 2022, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
Rely 5: Possessing and distributing 5 grams or extra of meth and crack cocaine on January 17, 2023, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and (b)(1)(C).
Rely Six: Utilizing and carrying a firearm throughout a drug trafficking crime on January 17, 2023, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
Rely Seven: Possessing and distributing 5 grams or extra of meth on March 13, 2023, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B).
Rely Eight: Utilizing and carrying a firearm throughout a drug trafficking crime on March 13, 2023, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
There was only one downside: Bryan Montiea Wilson by no means offered weapons or medicine to ATF brokers, their informants or anybody else. ATF acquired the fallacious man.
Launch
Wilson’s Federal Public Defender is the actual hero on this case. After the arraignment, he persuaded prosecutors to maintain Wilson on the courthouse lengthy sufficient for him to research Wilson’s claims of innocence.
No documentation exists in regards to the course of or how this occurred, however ultimately the ATF someway realized they acquired the fallacious man. Prosecutors rapidly moved to dismiss the case, however they supplied no written rationalization as to why they needed the costs dropped.
“Additional overview of the case reveals that the pursuits of justice would finest be served by a dismissal of the pending fees versus additional prosecution. Primarily based on the foregoing, the Authorities respectfully requests that the Courtroom dismiss the pending fees in opposition to defendant Bryan Montiea Wilson,” the prosecution’s movement to dismiss states.
Assistant U.S. Legal professional E. Elizabeth Main, the prosecutor who signed the movement to dismiss, didn’t return calls searching for remark for this story.
Wilson was launched from federal custody round 4:20 p.m., and he walked out of the courthouse a free however broken man. All the fees have been dismissed with prejudice on the prosecutors’ request.
Nobody advised him how the ATF had made such a horrible mistake.
Civil Go well with(s)
Earlier this month, Wilson filed a federal civil-rights lawsuit in opposition to the 2 West Columbia Police Officers who falsely alleged he offered them weapons and medicines whereas they have been working as activity power officers for the ATF.
His lawsuit, which seeks an unspecified quantity of precise, consequential and punitive damages, alleges the officers dedicated a false arrest, in violation of his Fourth Modification rights, and that their misconduct led to wrongful indictment/malicious prosecution, which violated his Fifth and Fourteenth Modification rights.
“Defendants initiated a prison continuing in opposition to Plaintiff with out possible trigger – i.e., and not using a affordable perception that Plaintiff, in reality, dedicated federal drug trafficking and gun crimes,” the lawsuit claims. “As a direct and proximate results of Defendants’ conduct, Plaintiff was indicted, arrested, searched, detained, and humiliated and is entitled to get well damages, current and potential, together with for misplaced wages, psychological anguish, misery, shock, lack of fame, the violation of his Fifth Modification rights, and different bills.”
Wilson’s swimsuit particulars the hurt his false arrest has induced.
He wanted to take a number of days off work. These days, he not often leaves his home. He suffers migraines. and his coworkers unfold rumors about his arrest and his launch. One falsely claims he flipped on a codefendant, which is the form of rumor that may get him killed. Others declare he was arrested for rape and even homicide.
In keeping with his lawsuit, Wilson worries his teenage daughter could be taught what the ATF did to him. His mom, this swimsuit claims, “now calls her son whereas he’s at work to test on his,wellbeing.”
“Mr. Wilson is a father, brother, and son, and a law-abiding citizen who works for an sincere dwelling,” the lawsuit states. “He has by no means trafficked medicine. He’s a lawful gun proprietor. He has no prison document.”
A second civil rights lawsuit in opposition to the ATF is extraordinarily doubtless.
Veronica Hill, spokeswoman for the U.S. Legal professional’s Workplace for the District of South Carolina stated she can’t remark in regards to the case as a result of Wilson has filed an administrative declare in opposition to the federal government – a prelude to a civil swimsuit.
“Whenever you wish to file a (civil) criticism in opposition to a federal company, you must file an administrative declare first,” she stated. “If it isn’t resolved inside six months, or not resolved to the satisfaction of the claimant, a lawsuit can then be filed.”
Corey Ray, spokesperson for ATF’s Charlotte Subject Division, which oversaw the investigation, didn’t return calls searching for remark for this story.
Weapons on the Desk
Neither prosecutors nor the ATF allowed Wilson’s false arrest to dampen their enthusiasm for what they described in a press launch as an “superior, intelligence-based, multi-faceted regulation enforcement operation.”
“In June of 2022, in response to rising violent crime within the West Columbia space, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in Columbia launched a sophisticated, intelligence-based, multi-faceted regulation enforcement operation. The aim of the operation was to focus on prison entities and teams within the space, particularly these engaged within the unlawful use, sale, and possession of firearms and narcotics. ATF established a managed purchase location, and ATF undercover brokers and confidential informants started conducting managed purchases of firearms and narcotics from prison targets within the space, whereas native companies performed crime suppression operations,” the discharge states.
In keeping with the press launch, 210 firearms have been seized and 20 folks have been arrested, together with “members of the Bloods, Crips, and Gangster Disciple road gangs.” Neither Wilson nor his false arrest have been talked about within the press launch.
Takeaways
Have been it not for the heads-up play of a Federal Public Defender, Wilson would doubtless nonetheless be in jail alongside 20 alleged gang members. It isn’t recognized if ATF brokers have been ever capable of observe down the suspect whom they mistook for Wilson, who truly offered them medicine and weapons.
We are going to by no means know the entire allegations that the ATF made in opposition to Wilson or the small print. Their federal criticism was rapidly sealed and is not obtainable to the general public. Nevertheless, the allegations Wilson’s legal professional included in his civil swimsuit are eerily much like the allegations ATF made about Bryan Malinowski, the 53-year-old Arkansas airport govt whom ATF brokers shot and killed in his dwelling March 19.
The ATF additionally claimed they’d made a number of undercover firearm purchases from Malinowski. They stated they surveilled Malinowski for months, too. Malinowski won’t ever be capable to refute these allegations or file a civil swimsuit.
Civil rights violations by the ATF have skyrocketed because the Biden-Harris administration weaponized the company as a part of its conflict on law-abiding gun house owners. One can solely ponder whether federal judges will take judicial discover of those injustices and begin asking a couple of extra questions earlier than they log off on any future request from the ATF, to make sure the brokers don’t shoot one other harmless house owner or make one other false arrest.
Article courtesy of the Second Modification Basis’s Investigative Journalism Mission. This venture wouldn’t be attainable with out the assist of gun house owners. Click on right here to make a tax-deductible donation to assist pro-gun tales like this.
