Jury finds Mission Man Guilty of Illegally Possessing Firearm and Ammunition | USAO-SD

United States Attorney Ron Parsons announced that David D. Larvie, Jr., age 38, of Mission, South Dakota, was found guilty of Felon in Possession of a Firearm and Ammunition as a result of a federal jury trial in Pierre, South Dakota. 

The charge carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Larvie was indicted by a federal grand jury on November 13, 2019.  The charge stems from an incident that occurred on October 25, 2019, in Mission.  On that evening, law enforcement responded to a report that a shot had been fired from a vehicle driven by Larvie in the South Antelope Community, near Mission.  Law enforcement subsequently located the suspect vehicle in Mission, and arrested Larvie.  Larvie had a plastic bag containing .22 caliber ammunition in his pants pocket and a search of the vehicle revealed a .22 caliber revolver. 

Larvie has three prior felony convictions.  He was convicted of Third Degree Burglary and Failure to Appear in U.S. District Court in 2003.  He was convicted of Use of a Firearm During and in Relation to a Crime of Violence in U.S. District Court in 2008.  As a result of these convictions, it is illegal for Larvie to possess firearms or ammunition.  Larvie will forfeit ownership of the firearm and ammunition to the United States. 

This case is 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 make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.     

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for December 14, 2020.  Larvie was remanded to the custody of the U.S. Marshals Service pending sentencing.

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