Federal grand jury indicts Osage County defendant on weapons charge

LYNDON, Kan. – All state charges have been dismissed against a Colorado man who was arrested following a pursuit and crash at the north edge of Lyndon in October. A federal grand jury indicted William D. Gross, 59, Golden, Colo., on Feb. 11, charging him with unlawful possession of a firearm following felony convictions, resulting in dismissal of the state’s charges.

Osage County Attorney Brandon Jones had filed three felony charges, three misdemeanors and a traffic infraction against Gross, following his arrest. Two guns, a .38 Smith and Wesson pistol and a .45 Taurus pistol, were recovered from the vehicle Gross was driving at the time of the crash.

Osage County Sheriff’s Deputy Jeremy Bishoff reported in an arrest affidavit he was patrolling northbound on U.S. Highway 75 near 181st Street on Oct. 11, when his radar indicated a southbound vehicle was traveling at 73 mph in a 65 mph zone. Bishoff reported he pursued the vehicle, a 1998 Volvo station wagon, which struck a 2009 GMC Acadia at 15th Street in Lyndon.

Gross was arrested after exiting the Volvo and attempting to flee on foot, when he was tasered by the deputy. Gross provided an alias when arrested, but was later identified through a FBI fingerprint check, according to the affidavit.

Osage County Sheriff’s Deputy Blake Reker reported he found the pistols in gun cases on the passenger side floorboard of the Volvo.

Charges filed in Osage County District Court against Gross included criminal possession of firearm, fleeing or attempting to elude a police officer; interference with a law enforcement officer, misdemeanor possession of marijuana, possession of drug use paraphernalia, no proof of liability insurance, and exceeding the speed limit at 73 mph in a 65 mph zone.

The indictment, issued by the U.S. District Court for the District of Kansas, charges Gross possessed a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year. The indictment lists the two pistols recovered following the pursuit and crash, and Gross’ seven convictions in Texas and Colorado for crimes of burglary, theft, attempted escape, and trespass with intent to commit domestic violence.

If convicted of the federal charge, Gross faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Jones said the state’s charges against Gross were dismissed without prejudice on Feb. 19. Gross was transferred to custody of federal authorities the same day. He had been held in the Osage County Jail on a $150,000 cash surety bond. A request has been made for the federal trial to be held in Topeka, according to the indictment.

See related article here.
See the U.S. District Court indictment here.

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