Three family members accused of murdering a Jennings County gun store owner and putting stolen guns on the street could now face the death penalty, if convicted.
The U.S. Attorney filed federal charges Friday against Darryl Worthen, DeJuan Worthen and Darion Harris. The stepped-up action comes as law enforcement tries to track down dozens of guns before they show up in other crimes.
The case was one of three gun dealer robberies last September that all happened in one week's time. It was a huge concern for the ATF (Bureau of Alcohol Tobacco and Firearms), an agency alarmed about guns getting into the hands of dangerous felons. Friday's action was meant to send a strong message.
"This type of violence is something no family or community should have to face," said U.S. Attorney Josh J. Minkler. "When a violent crime like this occurs, the federal hammer will be used by the United States Attorney's Office."
Minkler filed federal charges against two brothers and their cousin for robbing the Muscatatuck Outdoors Gun Shop
, Scott Maxie. Maxie was a federally-licensed firearms dealer.
He said the move from State to Federal charges will allow him to seek a tougher maximum sentence.
"The federal penalties are greater and more serious," said Minkler and would include, "the possibility of the death penalty or life without the possibility of parole."
"My heart goes out to the Maxie friends and loved ones," said Jennings County Prosecutor Brian Belding, who initially charged the Indianapolis trio Darryl and Juana Worthen, and Dorian Harris days after the robbery and murder.
"This crime was solved within 36-hours," said ATF Special Agent Bob Bryson, who commended the Jennings County Sheriff's Department, Indiana State Police and the ATF for all working together.
Prosecutors say Darryl Worthen made FedEx deliveries to the shop and took his brother and cousin to the scene a day before the robbery to check out the inventory. September 21, the day of the robbery, the suspects reportedly disarmed a security camera and got away with 45 guns, most of them semi-automatic weapons, but high-powered rifles and 12-gauge shotguns were taken, too.
Despite the quick arrests, only eight guns have been recovered.
"Illegally sold and possessed firearms is a huge problem in Indianapolis," conceded Minkler.
Special Agent Patrick Hand is an ATF supervisor who knows the danger stolen guns pose in the wrong hands.
"Once those firearms are taken from the shop without the records, there's no way to trace, to track them," said Hand, explaining the difficulty in locating the weapons.
13 Investigates has followed "
" to see how ATF traces guns recovered from crime scenes, from the original manufacturer to a wholesaler and retailer, and finally to legal owners. But for stolen guns, short of a good Crime Stoppers tip, it's likely the guns will show up in another crime before they're recovered. That's a concern now for communities all across the state.
"Rest assured, law enforcement is doing everything it can to track down those remaining missing firearms," said Barry Glickman, the Assistant U.S. Attorney for the Southern District.
Investigators are also trying to find the gun that was used to kill Scott Maxie. It was not among the eight recovered.
The US Attorney said the intent to put these guns out for "street distribution" is what prompted the federal charges. That's because firearms sales come with very strict federal laws and federal sentencing doesn't allow time to be cut in half like it can be under state law, with day-for-day "good time" credit.
"As much as it would be appropriate to prosecute these crimes locally, it would not be in the best interest of our community when they could receive a harsher sentence in Federal Court if convicted," Belding said. "My heart goes out to Mr. Maxie's family, friends, and loved ones."
All three men have been charged with discharging a firearm in relation to a crime of violence resulting in death, robbery, conspiracy to commit robbery and theft of firearms.
