Monday, October 21, 2019

Akron man indicted on firearms and drug charges


An Akron man was indicted on firearms and drug charges.

Otis McDay, 44, was indicted on one count each of possession with intent to distribute cocaine,, being a felon in possession of a firearm and ammunition, possession of a firearm in furtherance of drug trafficking, and possession with intent to distribute marijuana and being a felon in possession of ammunition.

McDay possessed marijuana, a Glock 9mm pistol and ammunition on August 28, 2019, despite previous felony drug trafficking convictions, according to the indictment.

McDay possessed cocaine and multiple rounds of ammunition on September 10, 2019, despite previous felony drug trafficking convictions, according to the indictment.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the FBI, Akron Police Department and Ohio State Highway Patrol.  The case is being prosecuted by Assistant U.S. Attorney Peter E. Daly.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

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