Tampa Republic

A federal jury has convicted Devaris Lemain Simmons, 33, of St. Petersburg, for possessing a firearm as a convicted felon. The jury also determined that Simmons qualifies as an Armed Career Criminal due to three prior serious drug offenses. As a result, Simmons faces a minimum mandatory sentence of 15 years in federal prison. A sentencing date has not yet been set.

According to testimony and evidence presented at trial, on March 23, 2023, officers from the St. Petersburg Police Department approached an idling vehicle registered to Simmons and detected the odor of marijuana emanating from inside. Upon opening the vehicle, officers observed green leaf-like particles and conducted a search. During the search, they found a Taurus PT-111 Millennium Pro 9mm semi-automatic pistol loaded with five rounds of ammunition in the center console. A DNA swab of the grip and trigger matched Simmons' DNA.

Testimony further established that Simmons had sold cocaine on three separate occasions in 2014 to an undercover officer with the St. Petersburg Police Department. The jury concluded that these offenses were committed separately.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the St. Petersburg Police Department, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David W.A. Chee.

This case is part of Project Safe Neighborhoods (PSN), a program aimed at reducing violent crime and gun violence through collaboration between law enforcement agencies and communities. On May 26, 2021, the Department launched a violent crime reduction strategy to strengthen PSN based on principles such as fostering trust in communities, supporting community-based violence prevention organizations, setting strategic enforcement priorities, and measuring results.