Published: September 24, 2008 08:25 am      

Leonard Elliott takes the stand

Trial set to conclude today

By Brad Hicks / Staff Writer

Leonard Charles Elliott took the stand Tuesday and said he had no idea he and his father sold firearms to a convicted felon.

The trial of Leonard Elliott and Thomas Charles Elliott continued Tuesday in U.S. District Court in London. The Elliotts owned the former Bacon Creek Gun Shop in Corbin, which closed in 2007.

Monday, ATF Special Agent Tom Chittum took the stand and said an investigation of the Elliotts began after an informant said the Elliotts were selling firearms from the shop through straw purchases. In a straw purchase, a person prohibited from legally owning a firearm gets someone to complete the required paperwork on his behalf for him to make the purchase.

The informant, Letcher Gray, was being investigated by Chittum after the Kentucky State Police, responding to a domestic dispute in 2003, found several firearms at Gray’s home. Gray, a convicted felon, is prohibited by state law from possessing or purchasing a firearm. Gray said his wife purchased the guns for him at Bacon Creek Gun Shop.

Gray agreed to assist investigators by wearing a video recorder and entering the store. His dealings with the gun shop and the Elliotts were recorded three times during the year 2005. On May 3, 2005, video shows Gray saying to Leonard Elliott “you know my situation. I can’t sign for one. I’ll have to bring someone to sign for me.” However, Leonard Elliott said this “situation,” the way he took it, was that Gray was unable to read or write, not that he had been previously convicted of a felony.

Required firearms forms have an exception that if a purchaser is illiterate, they may have someone complete the form with their information, but must still provide a signature.

Leonard Elliott estimated that Gray came into the store around three to four times a year, and learned of his inability to read or write through those meetings. However, he said the topic of the felony conviction never came up.

“I heard little stuff, I knew he had been in a little trouble,” Elliott said. “I knew he couldn’t read or write or had trouble ... The situation I knew about was his ability to read and write.”

On May 10, 2005, Gray returned to the store with undercover KSP Det. Shelby Slone, who was under the alias Bradley J. Coleman. Leonard Elliott said he assumed “Coleman” was a family member and said it was common practice for one family member to purchase a firearm for another.

“We deal with a lot of families, Mr. Dotson,” Leonard Elliott said to Assistant U.S. Attorney Samuel Dotson, “where we get two or three people in. I just assumed he (Slone) was part of his family.”

Slone completed the federal firearm paperwork as the purchaser using his alias, and Elliott said Gray negotiated the purchase of the gun.

“He did wind up with the gun,” Leonard Elliott said. “The actual purchaser was Bradley J. Coleman.”

Again, on Nov. 16, 2005, Gray was recorded entering the shop with Slone and making two gun purchases. On that occasion, Dotson pointed out that Gray makes reference to the Elliotts about hiring an attorney to regain his “long gun” rights.

Gray also took the stand Tuesday. Defense attorneys pointed out that he was facing federal firearm and drug charges after Chittum’s investigation and was seeking leniency.

“They said they would be lenient on me in my sentence on my charges,” Gray said.

Gray was also asked about his relationship with Tom Elliott, who testified against him in a case that led to a 1972 conviction of a convicted felon in possession of a firearm. Gray said he had no hard feelings toward Tom Elliott.

“As a matter of fact, I always liked him pretty well,” he said.

Gray said that four times since his conviction, he purchased firearms from the shop by having someone fill out the paperwork.

“I’d always take somebody in to sign for them,” he said.

Also testifying was Slone, who said Gray picked out, negotiated, paid for and received the firearms at Bacon Creek. Slone said his only involvement was to complete the necessary paperwork.

Both defense attorneys filed motions seeking acquittal.

“I submit that there’s no evidence whatsoever that Leonard Elliott knew Letcher Gray was a convicted felon,” said David Hoskins, attorney for Leonard Elliott.

These motions were denied by U.S. District Judge Danny C. Reeves.

“It’s clear from watching the videotape that the person negotiating the transactions was someone other than the person filling out the paperwork,” Reeves said.

The trial is set to conclude Wednesday in U.S. District Court with the closing argument and jury verdict.