Four Men and a Woman for Monmouth County Indicted in Sale and Attempted Sale of Dozen Weapons and Hand Grenade

Four Men and a Woman from Monmouth County Indicted in Sale and Attempted Sale of Dozen Weapons and Hand Grenade

NEWARK – Four men, including a former corrections officer, and a woman from Monmouth County were indicted today on federal weapons charges for selling a dozen guns and a bullet-proof vest and attempting to sell a live hand grenade to a government cooperating witness, U.S. Attorney Christopher J. Christie announced.

Each of the defendants is charged with one count of conspiracy and one count of engaging in the business of dealing in firearms without a federal license to do so. The lead defendant, John Velba, 47, of Morganville, is also charged with being a previously convicted felon in possession of a weapon.

Those indicted in addition to Velba are: William Schreiber, 28, of Marlboro; Cheryl Britton, 29, of Morganville; Harold Smith, 23, of Wall Township; and Kevin Benn, 48, of Howell Township, a former New Jersey corrections officer at East Jersey State Prison.

All of the defendants were arrested on Nov. 1 by Special Agents of the FBI. On that day, Britton and Schreiber were allegedly attempting to complete the pre-arranged sale to the cooperating witness of six of the weapons at Shurguard Storage public storage lockers in Marlboro, where the co-conspirators allegedly kept some of the guns.

Two of the defendants, Velba and Schreiber, remain detained without bail pending the outcome of their cases. Benn is free on a $250,000 bond secured by real estate; Smith and Britton are each free on $100,000 bonds.

Velba allegedly initiated the sales of the weapons in late May 2005, when he asked the cooperating witness if he would be interested in purchasing weapons, according to two original criminal complaints in the case. Over the course of the next several months, according to the Indictment and complaints, Velba and his co-conspirators sold 12 weapons, including assault-style weapons, shotguns and handguns, for approximately $10,000 to the cooperating witness.

The final sale was to occur on Nov. 1, 2005, when all of the defendants were arrested by the FBI, either at the storage unit or the defendants’ homes.

The hand grenade was planned to be part of the final sale but was not present at that time. The grenade was subsequently recovered and safely detonated by the FBI.

On June 28, 2005, Smith allegedly sold the cooperating witness two Colt-brand handguns, a Stevens 20-gauge shotgun and the bulletproof vest for $1,400. On July 14, 2005, Velba and Smith allegedly sold the confidential witness a Remington 12-gauge shotgun, a Marlin .22-caliber rifle and a bolt-action rifle for $1,200.

In August and October, all of the defendants met at different times with the cooperating witness and showed the cooperating witness various other weapons, including two assault rifles and a semi-automatic SPAS-12 shotgun. Velba allegedly offered to sell the two assault rifles, the semi-automatic shotgun and the hand grenade for $7,500. The sale of those three weapons and an additional three weapons for $7,500 was to be completed on Nov. 1, 2005.

Count One of the Indictment, charging conspiracy, carries a maximum penalty of five year in prison and a $250,000 fine; Count Two of the Indictment, charging engaging in the business of dealing in firearms without a federal license to do so, carries the same maximum penalties.

Count Three charges only Velba with being a prior convicted felon in possession of a weapon. That carries a maximum penalty of 10 years in prison.

In determining an actual sentence, the judge to whom the case is assigned would, upon a conviction, consult the advisory U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant’s criminal history, if any, and other factors. The judge, however, is not bound by those guidelines and can impose a sentence within the guideline range or above or below that range.

Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

Despite indictment, each of the defendants is presumed innocent unless proven guilty beyond a reasonable doubt.

Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Leslie Wiser, Jr., in Newark, with the investigation leading to the confiscation of the weapons and prosecution of the defendants.

The case is being prosecuted by Assistant U.S. Attorney R. Joseph Gribko, of the Violent Crimes Unit in the U.S. Attorney’s Office in Newark.