A Missouri, man has been convicted by a federal jury of illegally possessing the firearm he used to shoot another person during an argument.
Dana Ray Day, Jr., 31, of Jefferson City, was found guilty at trial on Wednesday, Dec. 15, of one count of being a felon in possession of a firearm and ammunition.
On Sept. 15, 2018, Day got into an argument with another man after hitting his car. Day pulled out a Taurus .40-caliber semi-automatic handgun and shot the other man, who was not armed, twice – in the chest and the groin. The shooting victim ran to a nearby apartment and the resident called 911 for him. Day fled from the scene of the shooting.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Day has prior felony convictions for tampering with a motor vehicle, domestic assault, assault, and resisting arrest.
The Taurus handgun, which had been purchased by another person and given to Day, was later recovered during a homicide investigation by the Chicago, Illinois, Police Department. The shell casing was entered into the NIBIN database and matched the shell casing recovered from the scene of the Sept. 15, 2018, shooting in Jefferson City.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for an hour and 15 minutes before returning a guilty verdict to U.S. District Judge Stephen R. Bough, ending a two-day trial that began Tuesday, Dec. 14.
Under federal statutes, Swopes is subject to a sentence of up to 10 years in federal prison without parole. A sentencing hearing will be held on May 19, 2022.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Jefferson City, Mo., Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.