United States of America v. Shelby Theriault; Michael Brown

Concord, New Hampshire criminal defense lawyer represented the Defendants charged with two unrelated firearm offenses

Violent Crime Initiative Leads to Two Men Sentenced to Federal Prison for Firearm Offenses

Shelby Theriault, 31, pleaded guilty to one count of possession of an unregistered firearm.



On or about January 15, 2024, a shotgun was reported stolen after a good Samaritan had allowed the defendant, a homeless man, to stay in a guest bedroom of their home overnight. On January 20, 2024, Conway Police arrested Theriault on an unrelated theft case, where they discovered that he possessed a sawed-off shotgun. The defendant ultimately admitted to stealing the shotgun, sawing it down, and defacing the serial number. Theriault would have had to register the sawed-off shotgun with the National Firearm Registration and Transfer Record, which he did not do. Theriault also had multiple warrants for his arrest from Colorado at the time of his arrest in Conway, New Hampshire.



"The defendant not only stole the shotgun from someone who provided him shelter, he sawed the shotgun and obliterated the serial number thus making it harder to detect his crime,” said U.S. Attorney Jane Young. "New Hampshire law enforcement will continue to prosecute those who possess illegal firearms as part of the ongoing effort to make our communities safer.”



"I would first like to commend Patrol Officer Joseph Moore for his work on this investigation, which ultimately allowed the Conway Police Department to remove a stolen firearm from circulation. Experience has shown us that stolen firearms are often utilized in the commission of a crime. I would also like to thank the ATF and the US Attorney's Office, namely Assistant U.S. Attorney Tiffany Scanlon, for their assistance with this case. The relationship we have with all of our Law Enforcement partners across the State of New Hampshire is vital to our mission,” said Chief Christopher Mattei of the Conway Police Department.



Conway Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives led the investigation.



Michael Brown, 49, was sentenced by U.S. District Court Judge Steven McAuliffe to 24 months in federal prison and 2 years of supervised release. In September 2024, Michael Brown pleaded guilty to one count of prohibited person in possession of ammunition.



According to the plea agreement, on or about November 2, 2023, Nashua Police conducted a motor vehicle stop where Brown was found to be in possession of a magazine, loaded with nine 9mm rounds of ammunition, in his pocket.



"In this case, the defendant, a felon, was prohibited from owning or possessing firearms and ammunition by virtue of a prior drug conviction in Florida, yet when he was encountered by law enforcement, he possessed a loaded magazine. The U.S. Attorney's Office will continue to prosecute felons who illegally possess firearms and ammunition,” said U.S. Attorney Jane E. Young.



"The illegal possession of ammunition by convicted felons poses a significant threat to the safety of our communities,” said James M. Ferguson, Special Agent in Charge of the ATF Boston Field Division. "This case underscores our unwavering commitment to enforcing federal firearm laws and holding those who violate them accountable. We will continue to work alongside our law enforcement partners to ensure that individuals who endanger public safety are brought to justice.”



Nashua Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives led the investigation.



Assistant U.S. Attorney Tiffany Scanlon prosecuted both cases.



These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.