CAPE GIRARDEAU — A Poplar Bluff man was sentenced to two years in federal prison last week for the illegal possession of firearms.
David Kristopher Berry was sentenced to 24 months on two felony counts of felon in possession of a firearm by U.S. District Judge Stephen Limbaugh Jr., according to Assistant U.S. Attorney Keith Sorrell.
Upon Berry’s release, Sorrell said, he will be placed on a three-year period of supervised release.
The agreed-upon facts of the case say shortly after 1 a.m. on Nov. 12, 2018, Poplar Bluff Police Patrolman Matt Kassing saw a motorcycle fail to signal a left turn.
“Kassing turned on his emergency lights to pull the motorcycle over,” the plea agreement signed by Berry says. “The motorcycle continued to a nearby residence and pulled into the driveway.”
The driver, who was identified as Berry, subsequently was contacted by Kassing.
“Officer Kassing asked Berry if he had any weapons on his person,” the plea agreement further says. “Berry stated that he had an antique firearm in his jacket pocket.”
Kassing reportedly reached into the pocket and pulled out an Iver Johnson .32-caliber revolver.
“(The firearm) was loaded with five rounds of .32(-caliber) Auto Hornady brand bullets,” the plea agreement says.
Berry reportedly told the officer he was a convicted felon.
The pistol was examined by a Bureau of Alcohol, Tobacco and Firearms special agent, who reportedly “determined that the firearm was not an antique firearm because it was manufactured in either 1905 or 1906.”
By definition in the National Firearms Act of 1968, an antique firearm refers to any firearm manufactured in or before 1898.
At the time Berry possessed the revolver, he was a convicted felon, having been convicted of the felony of second-degree burglary in Butler County in June 2015.
The plea agreement also says on July 6, 2019, Missouri Conservation Agent Mark Skelton was patrolling the Dan River Conservation Area in Butler County when he saw a passenger car arrive.
A man, later identified as Berry, and a woman got out of the vehicle.
“The man walked away from the car carrying a firearm that looked like a rifle,” the plea agreement says. “The man started shooting at the nearby water surface, which was a wildlife code violation.”
Skelton reportedly approached Berry and ordered him to place the rifle on the ground.
“Skelton examined the rifle, which was a Mossberg .270-caliber rifle,” the plea agreement further said.