On Monday, Sept. 27, 2021, a Logan County Jury convicted Barry Elliott of Possession of a Firearm by a Convicted Felon and of being a Persistent Felony Offender in the 1st Degree. At the conclusion of the penalty phase, the jury sentenced Elliott to 20 years in prison, which is the maximum sentence for his convictions.
The original charges stem from the execution of a search warrant at 402 Briggs Street in Russellville on Sept. 24, 2019. The warrant was obtained by the South-Central Kentucky Drug Task Force (DTF) as part of a drug trafficking investigation in Logan County. Agents with the DTF were assisted by the Logan County Sheriff’s Department and the Russellville Police Department in the execution of the warrant.
During the search, Elliott was discovered in a small room at the rear of a detached workshop. Inside that room, law enforcement officers recovered drugs and a loaded 12-gauge shotgun near the area where Elliott had been just prior to exiting the room. As a result, Elliott received numerous charges, including Possession of a Firearm by a Convicted Felon.
For purposes of Monday’s trial, the firearm charge was the only charge presented to the jury. The remaining charges will be part of later proceedings. The firearm charge typically carries a penalty of 1-5 years, but Elliott’s criminal history rendered him eligible for enhancement of his penalty to 10-20 years.
During the trial, the prosecution played video footage from an officer’s body camera that depicted the execution of the search warrant. The jury also heard testimony from three of the officers involved in the search. While Elliott was not seen holding the shotgun, he was the only person to exit the small room when law enforcement arrived, and the gun was found within arm’s reach of the only chair in that room. In that same room, on a wooden table, officers also found approximately 12 grams of meth, a digital scale, and other items of drug paraphernalia — all indicative of drug trafficking.
While considering the evidence for purposes of sentencing, the jury heard testimony regarding Elliott’s criminal history, including 3 prior convictions for drug trafficking and a prior conviction for Possession of a Firearm by a Convicted Felon. At sentencing, Commonwealth’s Attorney Neil Kerr implored the jurors to send a message to Mr. Elliott, that this type of dangerous behavior in our community must stop. After 30 minutes, the jury responded to his request with a verdict for the maximum penalty of 20 years.
Elliott’s charges for drug trafficking remain pending.
— Staff report