BOSTON, June 25, 2004 – LAWFUEL – An Eastham man pleaded guilty on Monday,
on June 21, 2004, in federal court to being a felon in possession of two
United States Attorney Michael J. Sullivan and William J. Hoover, Special
Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and
Explosives in New England, announced that ROBERT P. BARRY, age 28, of 265
Schoolhouse Road, Eastham, Massachusetts, pleaded guilty before U.S. District
Judge Richard G. Stearns to a five-count superseding information, charging him
with being a felon in possession of firearms and ammunition and possession of
At the plea hearing, the prosecutor told the Court that, had the case
proceeded to trial, the Government’s evidence would have proven that on or
about April 30, 2003 Barnstable Police were dispatched to the U-Haul Storage
Facility, located at Bearse’s Way in Hyannis in response to a call from an
employee of U-Haul. The employee stated that he had entered Storage Unit #
1009, which had been rented by BARRY, as the items inside that unit were going
to be auctioned off due to an outstanding balance and non-payment by BARRY of
the monthly rental fee. The employee stated that he observed a large quantity
of firearms and miscellaneous parts to automatic weapons inside the storage
unit. Officers recovered from inside the storage unit, numerous firearm
parts, including an ITM Arms Company rifle receiver, model AK-74, .223
BARRY was subsequently arrested several hours later on the same day, when
he arrived at the U-Haul Storage Facility attempting to pay his outstanding
balance for the storage unit rental. BARRY admitted to the Barnstable Police
that he had purchased the ITM Arms Company rifle receiver over the internet
On October 25, 2003, Yarmouth Police were dispatched to 9 Hope Road in
Yarmouth, in response to a call from the landlord of that building to conduct
a welfare check of the residence which was being rented by BARRY and his
girlfriend, who lived there with their small child. BARRY was not at home
when the police arrived. The landlord told the police that he was concerned
because when he looked through the window of BARRY’s apartment he could see
that the apartment was completely trashed and appeared to be unfit for human
living, especially for a small child.
Upon entering the apartment, the officers found old decaying trash, drug
paraphernalia, hypodermic needles, large bloody hand prints on the walls, and
what appeared to be a sub- machinegun leaning up against a wall in the child’s
bedroom among children’s toys. The machinegun was fully loaded with a 9mm
caliber magazine and a round of 9mm ammunition was in the chamber. Subsequent
examination determined the firearm to be a Special Weapons LLC, model SW5, 9mm
semi-automatic firearm that had been converted to a MP5-type machine gun.
Finally, on December 11, 2003, Dennis Police responded to Room #23 at the
Barnacle Motel on Route 28 in West Dennis, Massachusetts, to serve outstanding
arrest warrants on two individuals, who were occupying the room. Upon
entering the room, the officers located a Colt AR-15, .223 caliber assault
rifle, concealed in the bottom of a dresser drawer. The weapon had been
converted into a fully automatic machine gun and was fully loaded with a 30-
round capacity magazine.
The occupants of the motel room told the officers that the firearm
belonged to BARRY, that BARRY had converted the weapon to fire as an automatic
weapon, and that BARRY had left the weapon in the motel room for safekeeping.
In the evening on the same day, BARRY showed up at the motel and retrieved
the Colt AR-15 from the bottom dresser drawer. As BARRY exited the motel room
carrying the firearm, he was arrested by the Dennis police.
At the Dennis police station, BARRY admitted, among other things, that he
had taken the Colt AR-15 rifle from his father’s home and had put aftermarket
parts on the rifle, converting it to fire fully automatic. BARRY stated that
it was his intention to trade the modified Colt AR-15 rifle for heroin.
Judge Stearns scheduled sentencing for September 9, 2004. BARRY faces up
to 10 years’ imprisonment on each count, to be followed by 3 years of
supervised release. He also faces a $250,000 fine on the felon in possession
count and a $10,000 fine on the possession of an unregistered firearm count.
The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms
and Explosives, the Yarmouth, Barnstable and Dennis Police Departments and the
Barnstable County Sheriff’s Department. It is being prosecuted by Assistant
U.S. Attorney Antoinette E.M. Leoney in Sullivan’s Major Crimes Unit.