Frederick County Sheriff wants machine gun case tried separately from gun range owner
BALTIMORE -- The attorneys for Frederick County Sheriff Chuck Jenkins and a gun range owner are trying to separate their cases in court.
Jenkins and Robert Krop, who owns a gun range called The Machine Gun Nest near Frederick, Maryland, were indicted as co-conspirators in April. The federal grand jury indictment alleges the two conspired to acquire machine guns.
Walking out of U.S. District Court in downtown Baltimore Tuesday afternoon, none of the attorneys for either side had much to say.
However, in court, both presented their case for their clients to each have their own trial.
The indictment said Jenkins used his office's letterhead to help Krop obtain machine guns to rent out through his business.
Jenkins' legal team argued on the grounds of disparate evidence, saying there was nothing to show motive on the sheriff's part or how he benefitted from anything.
Additionally, the legal team cited Jenkins' interview with ATF agents regarding the charges. They said the interview may prove problematic for Krop in the eyes of the jury.
Krop's attorney Dan Cox, a former state delegate and GOP gubernatorial candidate, agreed. In court, he said the sheriff's team claims could throw Krop under the bus.
Cox also filed motions to suppress evidence seized from The Machine Gun Nest as well as Krop's initial interview with ATF agents, from the trial. He claimed the ATF intimidated Krop and misrepresented their investigation.
The judge denied both of Cox's motions but seemed sympathetic for separating the trial.
U.S. prosecutors argued the evidence would largely be the same in both trials. Also that since the two were charged as co-conspirators, they should have a joint trial.
The judge is now giving everyone time to bolster their arguments in a supplemental court filing. U.S. attorneys will have two weeks to submit theirs, then the attorneys will have another two weeks to submit their filings in response.
After that, the judge will then review the filings and make a decision on the motion to sever, as well as set a date for trial.