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Convicted felon who fled Mountain Brook Police indicted on federal gun charge

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Alabama Political Reporter

A federal grand jury Thursday returned a federal gun charge against the Irondale man who last month crashed a stolen car in Mountain Brook after fleeing police there.

U.S. Attorney Jay E. Town, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido, Jefferson County District Attorney Mike Anderton and Mountain Brook Police Chief Ted Cook announced the indictment of Eric Devaughn McAlphine on the federal gun charge.

The U.S. District Court returned a one charge indictment of McAlpine, age 24, as a convicted felon in possession of firearms. Authorities allege that on November 22 when McAlphine crashed the car in Jefferson County, he possessed a Charter Arms .22-caliber revolver and a Stallard Arms 9mm pistol.  According to the indictment. McAlpine previously was convicted of the felonies of first-degree robbery, second-degree assault and third-degree robbery in Jefferson County Circuit Court on December 2013.

Under federal law felons lose their gun rights upon conviction.

“This is a great example of local, state and federal law enforcement working together to bring violent criminals to justice, especially those who illegally possess firearms,” said U.S. Attorney Town. “The partnerships forming between state and federal prosecutorial and investigative agencies is great news for every citizen of the Northern District, but will prove to be the bane of the worst offenders who have afflicted our neighborhoods for too long.”

“The partnerships fostered between ATF, the Mountain Brook Police Department and the District and U.S. Attorney’s offices have led to taking firearms off the streets from prohibited persons endangering the community,” Agent Gerido said.

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“This cooperative effort between local and federal agencies is truly a thing of beauty,” DA Anderton said. “This case, in particular, shows the dedication of prosecutors and law enforcement to take the most violent offenders and deal with them in a special way. My office looks forward to even better working relationships with agencies with which we normally do not interact. We are proud of these men and women.”

“Criminals have no regard for jurisdictional boundaries when committing crimes,” Chief Cook said. “This case represents that, and how cooperation among the various law enforcement agencies works to take these violent criminals off the streets of our communities.”

Mountain Brook Police initially arrested McAlpine November 22 on charges of first-degree receiving stolen property, certain persons forbidden to possess a pistol, unlawful possession of a controlled substance and attempting to elude.

Court documents indicate that Irondale Police identified McAlpine on a home security video on Nov. 20 after responding to a home burglary and car theft report. The vehicle stolen was a blue 2014 Hyundai Sonata.

McAlpine was clocked on radar by a Mountain Brook Police officer doing 55 miles per hour in a 25 mile per hour zone.  The officer attempted to stop the Sonata, but it sped away, exceeding 100 mph and recklessly weaving through traffic to avoid apprehension.  The car eventually went off the road on the westbound side of Montclair Road, near Cresthill Road, and landed upside down in a wooded area.

No one was in the vehicle when the officer pursuing it arrived at the crash, according to court documents. Another Mountain Brook police officer arrested McAlpine a short time later walking through a front yard on Cresthill Road.

Police recovered a loaded Charter Arms Pathfinder .22-caliber revolver and an unloaded Stallard Arms 9mm pistol in the crashed Sonata.

The federal charge of being a convicted felon in possession of a firearm carries a maximum penalty of 10 years in prison.

The ATF investigated the case in conjunction with Mountain Brook Police and the Jefferson County District Attorney’s Office. Assistant U.S. Attorney Mohammad Khatib is prosecuting the case.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

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