Kent man gets prison time for selling gun used in murder
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SEATTLE - A Kent man was sentenced to a year in federal prison Friday for selling a gun to a Canadian citizen who later used the firearm in a murder.
Benedict C. Ladera, 31, of Kent, who is not a licensed gun dealer, knowingly sold the .40 caliber handgun to Demetry Smirnov, a Canadian citizen, who later used the gun in the murder of 36-year-old Jitka Vesel, an Oak Brook, Ill., woman he had briefly dated a few years earlier, court documents show.
Teresa O'Rourke, a friend of Vesel for 28 years, told KOMO News that Vesel had met Smirnov online playing World of Warcraft and the two had only met face-to-face for one week in 2008.
At the sentencing hearing, U.S. District Judge Robert S. Lasnik said Ladera's act of selling a gun via the Internet to someone he knew nothing about was reckless at best.
But critics of existing gun laws like O'Rourke say the case highlights glaring legal loopholes that don't force private gun sellers to perform background checks on their buyers.
Ladera was charged with a crime because he sold a Smith and Wesson .40 caliber handgun to a Canadian. If Smiornov had been a legal resident of Washington state, Ladera would not have committed a crime.
"This is one of the hardest sentencing I've ever had to make," said Judge Lasnik. His comments reflect the conflicting standard when it comes to private party gun sales to non-residents.
"Guns are killing people all over our country every day. … We cannot afford to lose the people we are losing (to gun violence)," Lasnik said.
"By purposely violating the law, the defendant put this gun in the hands of a murderer," said U.S. Attorney Jenny A. Durkan.
Ladera, who pleaded guilty to the crime in February 2012, also was ordered to serve three years of supervised release after his prison term.
"There's no excuse, I can't justify my actions," Ladera told the court before his sentencing. "I'm sorry I was a part of this and it's my mistake is the reason why a life was lost."
According to court documents, Ladera advertised the gun for sale on the website "armslist.com" and sold the gun to Smirnov outside a Federal Way casino in early April 2011.
Ladera knew Smirnov was not a state resident when he sold the gun - in fact he accepted an extra $200 for the gun knowing Smirnov was Canadian, court documents say.
A few days later, Smirnov used the gun to murder Vesel in Illinois as she left a museum where she volunteered. Smirnov later confessed to police, and in July 2011, he pleaded guilty to first-degree murder and was sentenced to a term of life behind bars.
Ladera had no knowledge of Smirnov's plan to stalk and murder Vesel - but he was so disturbed by Smirnov that he did not sell him ammunition. Smirnov later had a transient purchase the ammunition for him in Spokane.
Ladera is a bartender and admits to selling at least 10 firearms on armslist.com. He has no prior criminal history.
In asking for a 14-month sentence, prosecutors wrote to the court that "in the end, this case is about Ladera's decision to ignore the basic requirements related to the firearm sales."
"The sale of firearms to out-of-state residents and foreign nationals is restricted precisely because such sales allow individuals like Smirnov to more easily avoid background and registration checks when purchasing a gun," prosecutors wrote.
O'Rourke plans to use her friend's death to go after websites like armslist.com.
"A non resident of the United States can come to this country and murder one of our citizens by a few mouse clicks, this should be a wakeup call," says O'Rourke. She also wants lawmakers to require background checks for private party gun sales.
"Jitka was the best person I've ever known," a tearful O'Rourke said at the end of the sentencing.
Benedict C. Ladera, 31, of Kent, who is not a licensed gun dealer, knowingly sold the .40 caliber handgun to Demetry Smirnov, a Canadian citizen, who later used the gun in the murder of 36-year-old Jitka Vesel, an Oak Brook, Ill., woman he had briefly dated a few years earlier, court documents show.
Teresa O'Rourke, a friend of Vesel for 28 years, told KOMO News that Vesel had met Smirnov online playing World of Warcraft and the two had only met face-to-face for one week in 2008.
At the sentencing hearing, U.S. District Judge Robert S. Lasnik said Ladera's act of selling a gun via the Internet to someone he knew nothing about was reckless at best.
But critics of existing gun laws like O'Rourke say the case highlights glaring legal loopholes that don't force private gun sellers to perform background checks on their buyers.
Ladera was charged with a crime because he sold a Smith and Wesson .40 caliber handgun to a Canadian. If Smiornov had been a legal resident of Washington state, Ladera would not have committed a crime.
"This is one of the hardest sentencing I've ever had to make," said Judge Lasnik. His comments reflect the conflicting standard when it comes to private party gun sales to non-residents.
"Guns are killing people all over our country every day. … We cannot afford to lose the people we are losing (to gun violence)," Lasnik said.
"By purposely violating the law, the defendant put this gun in the hands of a murderer," said U.S. Attorney Jenny A. Durkan.
Ladera, who pleaded guilty to the crime in February 2012, also was ordered to serve three years of supervised release after his prison term.
"There's no excuse, I can't justify my actions," Ladera told the court before his sentencing. "I'm sorry I was a part of this and it's my mistake is the reason why a life was lost."
According to court documents, Ladera advertised the gun for sale on the website "armslist.com" and sold the gun to Smirnov outside a Federal Way casino in early April 2011.
Ladera knew Smirnov was not a state resident when he sold the gun - in fact he accepted an extra $200 for the gun knowing Smirnov was Canadian, court documents say.
A few days later, Smirnov used the gun to murder Vesel in Illinois as she left a museum where she volunteered. Smirnov later confessed to police, and in July 2011, he pleaded guilty to first-degree murder and was sentenced to a term of life behind bars.
Ladera had no knowledge of Smirnov's plan to stalk and murder Vesel - but he was so disturbed by Smirnov that he did not sell him ammunition. Smirnov later had a transient purchase the ammunition for him in Spokane.
Ladera is a bartender and admits to selling at least 10 firearms on armslist.com. He has no prior criminal history.
In asking for a 14-month sentence, prosecutors wrote to the court that "in the end, this case is about Ladera's decision to ignore the basic requirements related to the firearm sales."
"The sale of firearms to out-of-state residents and foreign nationals is restricted precisely because such sales allow individuals like Smirnov to more easily avoid background and registration checks when purchasing a gun," prosecutors wrote.
O'Rourke plans to use her friend's death to go after websites like armslist.com.
"A non resident of the United States can come to this country and murder one of our citizens by a few mouse clicks, this should be a wakeup call," says O'Rourke. She also wants lawmakers to require background checks for private party gun sales.
"Jitka was the best person I've ever known," a tearful O'Rourke said at the end of the sentencing.
