Bert Elizee, 29, of West Palm Beach, was sentenced last week
by United States District Judge Kenneth A. Marra to 240 months in prison, to be
followed by eight years of supervised release. The defendant previously pled
guilty to being an Armed Career Criminal unlawfully in possession of a firearm
and ammunition and possessing a firearm in furtherance of a drug trafficking
crime.
Benjamin G. Greenberg, Acting United States Attorney for the
Southern District of Florida; Peter J. Forcelli Special Agent in Charge, Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF); Ric Bradshaw, Sheriff, Palm
Beach County Sheriff’s Office (PBSO); and Jeffrey S. Katz, Chief, Boynton Beach
Police Department (BBPD), made the announcement.
According to court documents:
On December 21, 2015, Elizee rear-ended a vehicle stopped
for traffic on North Congress Avenue in Boynton Beach. Elizee fled the scene
and a short time later plowed his vehicle into a parked car. Elizee and a
passenger then fled on foot. During a tow inventory of Elizee’s abandoned
vehicle officers located a fully loaded Glock, 40 caliber, semi-automatic
pistol, and a receipt from a hotel in Boynton Beach. Officers located Elizee in
the hotel and recovered heroin, crack cocaine, cocaine, oxycodone, alprazolam,
marijuana, digital scales and cash, during the execution of a search warrant.
In a separate incident, on January 4, 2017, PBSO deputies
heard the sound of screeching tires followed by a crash outside their
substation, responded to the area and observed a silver BMW 4-door sedan lodged
between a fence and a pole located on property of the Palm Beach International
Airport. PBSO deputies immediately responded to the scene of the accident, and
made contact with the vehicle’s driver, Elizee, to render assistance. Elizee
however, refused to cooperate and fled from the scene on foot carrying a
backpack. After a brief pursuit, Elizee was taken into custody and a law
enforcement search of his backpack revealed a stolen, fully loaded Smith &
Weston, .40 caliber, semi-automatic pistol. A search of Elizee’s abandoned
vehicle yielded heroin, cocaine and Xanax, and four cellular phones, which
search warrants later established contained communications concerning Elizee’s
drug sales.
Prior to his commission of both offenses, Elizee had three
separate prior felony convictions for drug sales offenses and one prior felony
conviction for battery on a law enforcement officer. As a consequence, Elizee
was subject to the enhanced sentencing provisions of the federal Armed Career
Criminal Act.
Mr. Greenberg commended the ATF, PBSO, and the Boynton Beach
Police Department for their work on this matter. This case was prosecuted by
Assistant U.S. Attorney John McMillan.
This case was brought as part of Project Safe Neighborhoods
(PSN), which is the anti-gang, anti-gun violence initiative of the United
States Department of Justice. This program emphasizes and facilitates
cooperative federal, state and local prosecution of firearm crimes, violent
criminals, repeat violent offenders and gang related criminal activity.
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