Arkansas Democrat-Gazette

Blythevill­e man enters guilty plea to weapons charge after ’20 arrest

- DALE ELLIS

A Mississipp­i County man pleaded guilty in federal court Tuesday to one count of being a felon in possession of a firearm and ammunition, exposing him to a possible sentence of 10 years in prison, with a possible 15-years-to-life enhancemen­t if he is found to be subject to the Armed Career Criminal Act.

Thomas Wende, 33, of Blythevill­e entered the guilty plea before U.S. District Judge Lee Rudofsky in connection with an arrest Nov. 20, 2020, by Jonesboro police. Wende, who has six prior felony conviction­s in Arkansas, was arrested outside the Haven Hotel at 3006 S. Caraway Road in Jonesboro by police investigat­ing a report of drug activity at the hotel.

When police attempted to talk to him, court records said, Wende ran and was seen a short distance away digging in his waistband, then dropping something next to a bush before running away again. After apprehendi­ng Wende, records said, a search of his person turned up a sack containing 15 .380-caliber cartridges. A Taurus .380-caliber pistol was recovered from the bush where Wende had been seen throwing something moments earlier, court records said.

Court records indicated that Wende, who sustained a slight head injury during the scuffle, yelled to the patrol officer who tackled him, “next time I catch you out you will be dead,” and that he later said to another officer, “I should have f ****** shot him. I’m going to get life anyway.”

On Tuesday, Wende was escorted into the courtroom by federal marshals and seated with his attorney, Darrell F. Brown Jr. of Little Rock. After explaining his right to a trial and what rights he would surrender by pleading guilty, Rudofsky explained that a guilty plea would result in Wende’s conviction on the charge and that he would be unable to withdraw his plea later if he were to receive a higher sentence than he might expect.

“A plea of guilty in open court is the strongest evidence known to the law,” Rudofsky said. “If you plead guilty and I accept it you will be found guilty on your guilty plea.”

Assistant U.S. Attorney Erin O’Leary said Wende had agreed to plead to the single-count indictment that said he had knowingly possessed a firearm and ammunition, even though, as a six-time convicted felon, he was prohibited by law from having a firearm, explosive or destructiv­e device of any type.

After O’Leary finished reading a summary of the facts of the case that Wende had agreed to plead to, including the threat to the arresting officer, Rudofsky asked him if the summary was “100% accurate.”

“May I have a moment?” Wende asked, then spoke with Brown for several moments, then stood and met O’Leary at the center of the courtroom for another brief conference. After that, Brown turned to the judge.

“The concern he had is over the wording attributed to him after his arrest,” Brown said. “He does not recall or believe that he said that to the officer or in front of another officer. Outside of that he does admit to the conduct that led to the charges that are listed.”

“Except for Ms. O’Leary’s descriptio­n of what you said to the officers,” Rudofsky then asked, “is everything else Ms. O’Leary read 100% accurate?” “Yes, sir,” Wende answered. “You agree there’s not even any small inaccuraci­es in what Ms. O’Leary read?” the judge repeated.

“There’s nothing,” Wende said. “There’s nothing else wrong.”

“Normally I have follow-up questions but after what you said and what Ms. O’Leary read … I am satisfied there is a factual basis for a guilty plea,” Rudofsky said. “How do you plead?”

“I plead guilty,” Wende said. “Is that because you are, in fact, guilty?” Rudofsky asked. “Yes, sir,” Wende said. Rudofsky said that following completion of a pre-sentence report by the U.S. Probation Office — a process that normally takes between 60 and 90 days — a sentencing hearing will be scheduled.

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