Federal judge: ‘I do not believe Mr. Jones is a threat to society’
2009-10-08 / Front Page
Lucinda man is sentenced to time served for illegal sale of a weapon
PITTSBURGH - The offense to which Morgan Jones pleaded guilty was serious, a federal judge said Oct. 7, but she added, “I do not believe Mr. Jones is a threat to society.”
U.S. Judge Donetta Ambrose then sentenced Jones to serve a prison term equal to the amount of time he has spent in the Allegheny County Jail since his arrest in June 2008.
Jones also will be under federal parole supervisor for two years. He is banned from possession of any controlled substances, firearms, ammunition and explosive devices. He was required to submit a DNA sample and was reminded his property and personal possessions can be searched at any time if law enforcement has reasonable suspicion to do so.
Jones also must forfeit the guns seized by the government in the case.
Ambrose said Jones was excused from routine drug testing, as there is no evidence Jones ever used illegal drugs.
Ambrose noted Jones has no resources from which to pay any fines, but did impose $100 in court costs.
The offense
Jones, 65, pleaded guilty June 22 in federal court in Pittsburgh to one count of illegal sale of a firearm. He was originally charged with selling an AK-47 assault rifle to a federal undercover agent without a license, providing ammunition to a convicted felon, and selling a firearm to a person from another state.
Federal investigators descended on the Jones’ home last June for nearly three days and seized 93 guns and a large amount of ammunition. Morgan Jones was arrested as he left Sunday church services in Lucinda and has remained in jail without bail since then.
Morgan Jones’ attorney, Martin Deitz of Pittsburgh, has maintained Morgan Jones did not know he was violating any laws and asserted the government’s case against Morgan Jones was weak.
If convicted on all of the charges originally filed against him, Jones faced 20 years in prison and $750,000 in fines.
By pleading guilty to the single charge of illegal sale of a firearm, Morgan Jones faced a maximum sentence of five years in prison and a $250,000 fine. However, the sentencing guidelines in the case called for 18 to 24 months in prison.
Community support
About 30 of Jones’ friends and neighbors boarded a bus in Lucinda the morning of Oct. 7 and traveled to Pittsburgh for the sentencing hearing.
About 30 additional people, including some of Jones’ family, also arrived at the federal courthouse for the 11:30 a.m. hearing.
Nearly an hour before the proceeding, the gathering filled both available rows of seating in the courtroom.
Deitz quietly addressed the people before the judge entered the room.
“The government (prosecutor) will probably say she doesn’t agree with (a request for a sentence of time served),” said Deitz. “Don’t shake your heads – not in agreement and not in opposition – don’t show any reaction. We don’t want to confirm any kind of notions anyone might have one or the other.
“When the judge hands down the sentence, again, no reaction. Wait until she leaves the bench and we’ll all go out in the hall.”
Jones was led into the courtroom by U.S. marshals. He was dressed in a red Allegheny County Jail jumpsuit.
Ambrose took her seat at the bench and looked over the gathering of people.
“Looks like we don’t have enough chairs,” the judge said, noting several people standing in the back of the room.
Ambrose then read through a list of names of people who sent letters of support for Jones.
In all, Ambrose read off more than 60 names.
“These were really very compelling letters,” said Ambrose. “Mr. Jones is very well thought of by his community, his church, his friends, his family and his neighbors.”
It was serious
While noting Jones’ support in the community and recognizing his positive record of community and church involvement, Ambrose stressed she was not taking the case against Jones lightly.
“Mr. Jones sold several guns,” said Ambrose. More importantly, he sold an AK-47 to a government agent. His conversations were recorded. He even said he needed to be careful how many guns he sold so the government didn’t get word of it.”
Ambrose said Jones knew he was selling a gun to a person who was not a Pennsylvania resident.
“I want to assure everyone that this was not a misguided prosecution,” said Ambrose. “This was not a case of over-zealous prosecution.”
‘Time served’
In a pre-sentencing memorandum, Deitz said Jones does not pose any threat to the public and sentencing Jones to additional prison time “will not serve the interest of either protection of the public, specific deterrence or rehabilitation.”
Deitz added, “A sentence of time served will achieve all of these goals.”
Ambrose called those statements a “fairly persuasive argument.”
Deitz noted that in accordance with sentencing guidelines and Jones good conduct while in the Allegheny County Jail, he would be eligible for parole with time served.
“That is a pretty key determination,” Ambrose said.
Federal prosecutor Margaret Picking said she did not disagree with the assessment offered by Deitz.
Jones speaks
“I’m sorry for what I did,” Jones said when addressing Ambrose. “I wasn’t aware I was breaking the law.
“It will never happen again.”
Jones said he is afraid he might someday in future break a law of which he is unaware.
“But it won’t happen again,” Jones repeated.”
Ambrose said she understood what Jones was saying, but noted she was not sure Jones didn’t know he was violating the law.
Time to go home
Ambrose agreed to immediately issue an order to release Jones from the county jail. The sentencing hearing lasted about 20 minutes.
Deitz’ secretary accompanied Jones’ wife, Donna, to a nearby clothing store where she purchased a set of clothing for her husband to wear home.
“I think Judge Ambrose understood Morgan,” Deitz said as friends and family briefly talked to Donna Jones at the back of the courtroom. “This was a sentence a little bit below the guidelines. I think having everyone here was very encouraging for Morgie.”
About an hour later, with all paperwork completed and wearing a new set of clothes, Jones exited the courthouse offices of the U.S. Marshal Service.
“I’m going to have to gain a little weight,” Jones told the gathering, referring to the new clothes.
Jones was visibly emotional as he hugged many of the people from his community.
“I couldn’t even touch anyone for the past 16 months,” Jones said. “Thank you all so much for all you did and for coming here. You guys got me through this.”
