FRESNO  -   A federal grand jury returned a one-count indictment today against Brian Thomas Whitworth, 38, of Visalia, charging him with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.

According to court documents, officers were investigating a vehicle theft reported by Whitworth, but upon reviewing his home’s surveillance footage, they saw that Whitworth had fired a rifle during the theft. Officers recovered a rifle matching the description of the rifle Whitworth was seen firing in the surveillance footage. In jail calls, Whitworth admitted to knowledge of the firearm and also discussed his gang membership. Whitworth was previously convicted of felonies, including assault with a deadly weapon and vehicle theft, and was therefore prohibited from possessing firearms.

If convicted, Whitworth faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.