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Date: 07-14-2023

Case Style:

United States of America v. David Carr and James Michael Poterbin

Case Number: 2:19-cr-20079

Judge: Julie A. Robinson

Court: United States District Court for the District of Kansas (Wyandotte County)

Plaintiff's Attorney: United States Attorney’s Office in Kansas City, Kansas

Robert Calbi for Potervin

Defendant's Attorney: Gregory Action for Carr

Description: Kansas City, Kansas criminal defense lawyers represented Defendants charged with kidnapping, felony possession and use of a firearm and possession of drugs.

In February 2023, a federal jury found David Carr, 36, of Kansas City, and James Michael Poterbin, 47, of Edwardsville, guilty of kidnapping, conspiracy to distribute methamphetamine, and discharging a firearm in connection with a drug trafficking crime.

The convictions and sentences relate to the 2019 kidnapping and torture of a victim in Kansas City, Kansas. According to court documents and evidence presented at trial, after Carr and Poterbin mistakenly believed a woman had stolen drug money from them, they kidnapped her boyfriend and demanded payment for his release.

After beating, shooting, and stabbing the victim, Carr and Poterbin believed the victim was dead and left him in the house for days before he was discovered by another individual. After the victim was found alive and rescued, Carr ordered a co-conspirator to burn the house to the ground, endangering neighbors and first responders.

The Federal Bureau of Investigation (FBI) and the Kansas City, Kansas Police Department investigated the case. The Kansas City, Kansas Fire Department investigated the arson.

Assistant U.S. Attorneys Ryan J. Huschka and D. Christopher Oakley prosecuted the case. Assistant U.S. Attorney Sheri Catania presented the indictment to a grand jury and prepared the case for trial.

21:846 - Conspiracy to distribute and possession with intent to distribute methamphetamine and 18:2 - aiding and abetting. (SECOND SUPERSEDING INDICTMENT FILED 4/7/2021) Forfeiture Allegations

18:1201(a)(1) - Kidnapping and 18:2 - aiding and abetting. (SECOND SUPERSEDING INDICTMENT FILED 4/7/2021)

18:924(c)(1)(A)(ii), 924(c)(1)(A)(iii) - Use of a firearm in furtherance of a drug trafficking crime and 18:2 - aiding and abetting. (SECOND SUPERSEDING INDICTMENT FILED 4/7/2021)

Outcome: Carr was sentenced to life in prison and Poterbin to 40 years’ imprisonment.

Carr: Imprisonment - Ct. 1: 480 months; Ct. 2: life, concurrent with Count 1; and Ct. 6: 10 years, consecutive to any other term of imprisonment, Supervised Release - Cts. 1, 2, and 6: 5 years, all counts concurrent, $300 special assessment ($100 per count)

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