After two years and several trips to a federal appeals court, a Centerville man has accepted a plea bargain to end his firearms case.
Kenneth Charles Rogers pleaded guilty Tuesday to one count of possession of a firearm while subject to a protective order. In exchange, federal prosecutors have agreed to dismiss a second count — possession of a firearm following a misdemeanor conviction of domestic violence — when Rogers is sentenced in May.
Rogers, 52, was charged in February 2003 after police discovered two firearms in a locked bedroom in Rogers' Centerville home. The officers were there to assist Rogers' ex-girlfriend while she moved her personal items out of the home.
In February 2004, U.S. District Judge Ted Stewart determined police had violated Rogers' Fourth Amendment rights by failing to inform him of his Miranda rights prior to asking if there were guns in the home. Stewart suppressed all evidence gathered by the search, but the 10th U.S. Circuit Court of Appeals later overturned the judge's decision.
Earlier, the Denver-based appeals court in July 2003 reversed a decision that would have allowed Rogers to be freed pending trial in the case. The justices disagreed with Stewart that the charges with which Rogers was charged were "crimes of violence" that carry a presumption of detention.
Rogers has been in custody since he was initially charged two years ago. The crime to which he pleaded guilty Tuesday carries a statutory 10-year maximum prison term.