Whited, 46, indicted on weapons charges
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Whited, 46, was served with a federal indictment this week charging violation of the federal trigger lock law. The law makes it a crime for a convicted felon to possess a firearm. The offense carries up to 15 years in federal prison. Whited was served the indictment in his cell at Warren County Jail where he is being held on charges claiming he failed to pay child support.
Whited walked away a free man this February when jurors found him not guilty of the robberies last year of Pump n’ Pay and Pit Stop North. The verdict was controversial given the fact eyewitnesses pointed to Whited as the man who robbed the stores. However, the defense for Whited noted jurors believed his alibi, given by his girlfriend, which had the suspect painting a cabin atop Harrison Ferry Mountain at the time of one of the robberies.
In rendering the verdict, however, jurors were not aware Whited had served several years in prison for a string of 11 armed robberies in Florida. Court rules prevented prosecutors from bringing up his past criminal record during trial. While prosecutors believe such evidence would have resulted in a conviction, the defense maintains Whited was charged due to his prior record and not on the evidence.
The federal indictment comes after the Federal Bureau of Alcohol, Tobacco and Firearms (ATF) began an investigation of Whited’s conduct after evidence was presented in the robbery trial that Whited was in possession of a firearm. Along with witnesses who said he was the man who used a gun to rob the two stores, other witnesses testified Whited had been seen target practicing and had borrowed a firearm from a relative for sporting purposes.
Federal law prohibits a convicted felon from having a firearm in his or her possession at any time. Whited was a convicted felon due to his robbery convictions in Florida. While facing the trigger-lock charge which could net him almost as much time as both armed robberies combined, Whited still remains acquitted on the robbery charges as federal prosecutors have apparently not chosen to file robbery charges on the federal level.