Henderson habitual felon gets 10 years in federal prison on firearms charges

Jun. 18, 2014 @ 05:57 PM

A 24-year-old habitual felon with ties to Henderson was sentenced to 10 years in the Butner federal prison Wednesday following a four-year federal investigation that involved confidential informants.

District Judge Louise Wood Flanagan in New Bern sentenced Daquian Demard Nicholson to serve 48 months and 120 months concurrently, with two three-year terms of supervised release also served concurrently. All told, Nicholson could spend 10 years in prison and have three years of supervised probation.

Nicholson, of 521 Arch St., Henderson, was indicted by a federal grand jury on charges of conspiring to sell firearms and ammunition to a prohibited person, possessing a firearm with an obliterated serial number, and possessing a firearm and ammunition as a felon.

On Aug. 15, 2013, Nicholson pled guilty to possessing a firearm with an obliterated serial number and possessing a firearm and ammunition as a felon.

The first charge was dismissed.

Assistant United States Attorney S. Katherine Burnette prosecuted the case.

The Henderson Police Department arrested Nicholson and co-defendant Jammee Duchea Terry, of 2223 Oxford Road, Henderson, in March 2013.

A confidential informant bought a firearm from Nicholson in November 2010, in Henderson, according to a release from the U.S. Attorney’s Office. The serial number on the weapon had been removed.

On Feb. 18, 2013, officers from the Henderson Police Department stopped Terry because of a tip Terry had a gun even though he was prohibited from having one, according to the release.

Officers seized a loaded Glock 9 mm handgun from under the driver’s seat and a loaded Lorcin 9 mm handgun from under the passenger’s seat, according to the release.

Both men were placed in the Vance County Jail and transferred to the custody of the U.S. Marshals Service.

Terry was indicted by a federal grand jury on three counts of possessing a firearm and ammunition as a felon and two counts of possessing stolen firearms and ammunition. He is scheduled for sentencing during the Court’s July 8 term of court in New Bern.

The Bureau of Alcohol, Tobacco, Firearms & Explosives, the Henderson Police Department and the Vance County Sheriff’s Office conducted investigation of this case.

Nicholson left state prison March 12, 2012, after serving a one-year term from an April 2011 Vance County felony breaking and entering charge along with a felony charge of having an illegal drug for sale.

He served nine to 11 months on consolidated Wake County felonies from 2006 through 2008, was convicted of three breaking and entering charges March 25, 2009, and left state prison Jan. 12, 2010, according to state records.

On March 17, 2008, Nicholson received a five-to-six month sentence for a Feb. 23, 2008, incident of felony breaking and entering and a larceny misdemeanor.

Two of his breaking and entering convictions were for incidents that took place while serving a suspended sentence in that case, according to state prison records.

A Wake County court imposed the penalty of five to six months after a probation revocation hearing.

Nicholson was convicted in Wake County on four previous breaking and entering felonies and three felony larceny charges from incidents that ran June through October 2006, according to state prison records.

Contact the writer at smansur@hendersondispatch.com.