A Sherwood man pleaded guilty Tuesday in federal court to possessing an unregistered firearm, but he denied the circumstances that led to his arrest and said he didn't know that possession of the firearm, a rifle with a 10-inch barrel, was illegal.
Steve Cokley III, 20, told U.S. District Judge James M. Moody Jr. that he owned the Palmetto State Armory Model PA-15 rifle that Cabot police seized in September after a domestic battery arrest and after he was accused of threatening a man with a rifle in another incident.
Assistant U.S. Attorney Cameron McCree said that from the evening of Sept. 3 into the following day, police had "multiple encounters" with Cokley stemming from a fight with his girlfriend over her cellphone, prompting the first call to police at 9:25 p.m.
"Officers responding to the scene made Cokley return the phone," McCree said. "Cokley's girlfriend reported that after officers left, Cokley was sitting in the living room of the residence in the dark with the rifle leaning on the couch next to him."
McCree said Cokley demanded the girlfriend's cellphone again, and when she refused, Cokley punched her and ripped her shirt.
"After she was hit a few more times, Cokley's girlfriend gave the phone back to Cokley," McCree said. He said that after Cokley fell asleep, his girlfriend sneaked out of the house and walked to the police station to file a complaint, and at 5 a.m. Sept. 4, police went back to the residence and arrested Cokley on a charge of domestic battery. Afterward, McCree said, Cokley posted bond and returned to the residence.
"About 8:30 a.m., police were called to the residence a third time," McCree said. "This time for a report that Cokley was threatening his girlfriend's father with a rifle. Cokley told police he was just there to get his belongings and then leave."
While Cokley was carrying things to his vehicle, McCree said, police saw the rifle and, suspecting that the barrel length was less than 16 inches, called a local agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives to assist.
After authorities found the barrel length to be approximately 10 inches and the overall length to be approximately 25 inches, McCree said, a check was run to see if Cokley had registered the weapon as required by federal law. When it was discovered that he had not, he was arrested and the rifle was confiscated, McCree said.
When Moody asked Cokley if he agreed with McCree's recitation, Cokley initially agreed but then hesitated and leaned over to speak with his attorney, Lott Rolfe IV of North Little Rock.
"I think there may be some facts in dispute regarding the first portion of Mr. McCree's reading, but he does not dispute the facts of the firearm itself," Rolfe said.
"Well, I need to know what he is admitting and what he's denying for purposes of sentencing," Moody said. "What part is he disputing?"
After a few more moments consulting with Cokley, Rolfe said his client was denying that any of the events regarding the domestic disturbance had happened.
"He admits that there was law enforcement contact on that day, and he does admit there was a weapon that was seized," Rolfe said.
"I don't have a problem with him denying it, but I want to put everyone on notice that there may or may not be an issue come time for sentencing," Moody said. "Let me ask you this, Mr. Cokley: Do you admit that you had possession of this rifle?"
After a few more moments consulting with Rolfe, Cokley answered in the affirmative.
"What I understand you admitting to is that you had possession of the rifle," Moody said. "You're just claiming that some of the things you did with it may or may not be contested, so I want to make sure what you're admitting and what you're not."
Cokley, in response to a question from Moody, agreed that he did have possession of the rifle, but he denied knowing it was illegal.
"I can see it was short, but I didn't know it was illegal," he said.
Rolfe clarified that although Cokley may not have known the barrel length or that it was illegal, his understanding of the law maintained that Cokley was liable.
"My understanding is that he understood that's why we're entering the plea today," Rolfe said.
McCree concurred, saying that legally, Cokley was not required to know that possession of the rifle was illegal for him to be held criminally liable.
At that point, Moody asked for Cokley's plea, then addressed the issue of forfeiture.
"You do realize you're not getting the gun back?" he asked.
Rolfe, pointing out that Cokley has been jailed since his arrest and was denied bail by U.S. Magistrate Judge Patricia Harris, asked Moody to consider allowing him to leave jail into the custody of his sister. Moody told Rolfe to petition Harris for review of her earlier decision.
"I don't have the benefit of that hearing transcript or what she heard that caused her to take Mr. Cokley into custody," he said. "If she wants to kick it back to me and I have time to prepare for that hearing, I'll consider it, but I'm going to refer that back to Judge Harris. ... I think that will be the most appropriate way to do it."