A Missouri man who illegally possessed 13 firearms, including machine guns, pleaded guilty in federal court to fentanyl trafficking, carrying a firearm during and in relation to fentanyl trafficking, and illegally possessing a machine gun.
Ban N. To, 19, Kansas City, Mo., waived his right to a grand jury and pleaded guilty before U.S. District Judge Greg Kays to a federal information that charges him with one count of possessing fentanyl with the intent to distribute, one count of carrying a firearm during a drug-trafficking crime, and one count of possessing a machine gun.
According to today’s plea agreement, the Kansas City, Mo., Police Department placed a felony vehicle alert on a red Toyota Highlander due to its association with a homicide that occurred on April 15, 2023. The vehicle had been caught on surveillance video pulling into a parking lot near Southwest Trafficway and Mill Street in the Westport area. The vehicle then proceeded east to another parking lot in the same area. The two occupants of the vehicle exited and proceeded north on foot. At some point, the suspects began chasing and shooting at another man. The chase ended at West 40th Street and Washington Avenue where surveillance video captured the two suspects exchanging gunfire in the street with the other man. The other man suffered several gunshot wounds and was later confirmed deceased. The two suspects ran away but eventually returned to the vehicle and drove away. Multiple spent shell casings were recovered from the scene.
Kansas City police officers stopped the red Toyota Highlander, which was being driven by To, on April 21, 2023. To told investigators that he is the primary driver of the vehicle and had not loaned the vehicle to anyone during the prior week. To also said the vehicle had not been stolen anytime recently and that only he and his father have keys to the vehicle.
Officers searched the Toyota Highlander and found a loaded Taurus .45-caliber handgun, which had been reported stolen, under the driver’s seat. They also found a zip lock bag that contained approximately 75 fentanyl pills near the steering wheel. Officers found three additional firearms inside the locked glove compartment – a Glock 9mm handgun that had been reported stolen, a Polymer80 9mm handgun without a serial number, and a Glock .40-caliber handgun equipped with a Glock switch to make it fully automatic.
Kansas City police detectives also were able to recover nine more firearms associated with To while he was being detained in the Jackson County Detention Center. To, in a monitored telephone call, asked his girlfriend to go to his storage locker and remove some bags. Detectives were able to track down those bags, which contained a Mossberg .22-caliber rifle, a Romarm/Cugir Mini-Draco 7.62x39mm pistol, a Radical Firearms 7.62x39mm rifle, a Sigarms .357-caliber pistol, a Glock 9mm pistol, two Glock .357-caliber pistols, and two Glock .40-caliber pistols equipped with Glock switches to make them fully automatic.
Under federal statutes, To is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Kansas City, Mo., Police Department.
