According to a press release from the United States Department of Justice and other reports surfacing late yesterday (October 13th), T.I. (real name Clifford Harris) was arrested on the corner of North Avenue and Piedmont Road in Midtown Atlanta (in the parking lot of a Walgreens) yesterday at around 2:30 p.m. after he allegedly purchased three machine guns and two silencers – the meeting was recorded by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

T.I. has since been informally charged with one federal felony count of possession of unregistered machine guns (and silencers) and two federal felony counts of possession of firearms by a convicted felon.  He is currently being held in federal custody and will make his initial appearance in the United States Courthouse in Atlanta tomorrow (October 15th).  

“Formal charges have not been filed yet,” T.I.’s attorney, Dwight L. Thomas, clarified to HipHopDX via phone late this afternoon.  “Informal charges have been filed, meaning a criminal complaint and an arrest warrant.  But an actual indictment, which is formal charges, has not been filed [yet].  Tomorrow is a first appearance hearing [which we won’t be presented with the formal charges at].  It’s simply for the purposes of advising him of why he was arrested, not whether he’s innocent or guilty.  The judge doesn’t make those determinations tomorrow.  It’s just a formality.  He’s brought before the court.  Inquiries are made [as to whether] he has counsel, and of course he has lawyers.  And [he’s informed] of what he’s initially accused of, in terms of federal allegations.”

Due to attorney-client privilege, Mr. Thomas can’t reveal whether or not T.I. will be flatly denying the charges against him.  “But in this country a person is presumed innocent until proven guilty beyond a reasonable doubt,” Thomas reminds.  “So as he stands right now in a court of law, he’s not guilty.  That’s America.  This is not Iraq.”

According to Patrick Crosby, Public Affairs Officer for the U.S. Attorney’s Office for the Northern District of Georgia, if T.I. is eventually convicted of the charges presented against him a lengthy bid behind bars may or may not be likely.  “There’s a number of statutoral ranges, but we don’t give out maximum sentences because they’re unrealistic,” he told HipHopDX via phone from his Atlanta office when reached for comment this afternoon.  “So in other words, we don’t say if you piled up all the charges he could face a gazillion years.  The fact is that’ll be up to the judge, and there are many, many other factors that determine any potential sentence.  But we don’t put the statutoral max on it because it’s not rational.  It would be really high, but it may not be realistic.  And we tend not to guess as to what somebody would serve in prison.  Again, that’s up to the judge, as is bail.  [Bail will] be determined on background.  I think he’s accused of being a convicted felon, so that may factor into it.”    

“The court will address issues of bail tomorrow,” T.I.’s lawyer clarifies.  “I can tell you that the law allows bail for this particular offense, or offenses.”

The charges against T.I. may in fact grow, as during a search of the vehicle he was allegedly driving at the time of his arrest three additional guns were discovered – one loaded firearm was allegedly tucked between the driver’s seat where T.I. had been sitting and the center console.  Three additional unnamed people who were in T.I.’s vehicle were arrested, but one was released.

Shortly after his arrest a federal search warrant was executed on Harris’ home in College Park.  While conducting the search of T.I.’s home agents allegedly discovered three rifles, two pistols and a revolver in a walk-in closet in Harris’ bedroom.  Five of the six guns were loaded.

A total of 12 guns (and two silencers) were recovered during the arrest and subsequent searches.  

Per the allegations laid out by the U.S. Attorney for the Northern District of Georgia, David E. Nahmias, the circumstances that led to T.I.’s arrest unfolded in a rather unusual way.  On October 2nd an employee of a federal firearms licensee advised ATF that someone was attempting to buy a machine gun without registering the weapon, which is required by law.  The person trying to make the purchase was then directed to an undercover ATF agent who was posing as a machine gun dealer.

This past Wednesday (October 10th) the buyer was finally arrested by ATF after purchasing 3 unregistered machine guns and 2 silencers from the undercover agent in exchange for $2,200 and a pistol.

After his arrest the buyer agreed to become a cooperating witness (CW) for the government following his revelation to arresting agents that he was purchasing the machine guns for his boss, Clifford Harris, who as a convicted felon is legally not permitted to own a firearm.  The CW had been working as a bodyguard for T.I. for the past three months.  As of now, T.I.’s attorney can’t reveal the bodyguard’s name.  “All of that will probably be made public throughout the course of the proceedings,” he explains.

Given that his employment with T.I. just began in July, there are several skeptics already surfacing who wonder aloud if T.I.’s bodyguard was working with the government all along to help establish these charges.  “I’ll leave those types of theories to others,” says Thomas.  “We will deal with facts and law in court that are relevant and admissible.  I’m sure there will be lots of rumors or gossip, lots of insinuations.  But those are the kinds of things that lawyers should not deal with.”   Continued on page 2 »