Herndon Felon-In-Possession Case Moves To Federal Court After Indictment

HERNDON, VA — A federal grand jury indicted Khari Wheeler on one count of possession of a firearm by a felon after authorities said Fairfax County police recovered a Glock pistol during a Feb. 18 response to a domestic dispute in Herndon.

The indictment, Tueday in U.S. District Court for the Eastern District of Virginia, charges Wheeler with knowingly possessing a Glock 9x19mm pistol after having previously been convicted of a crime punishable by more than one year in prison. The indictment says the firearm had previously traveled in interstate and foreign commerce.

Federal law prohibits individuals with prior felony convictions from possessing firearms. Samuel Supnick, a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, noted the weapon was manufactured outside of Virginia, establishing the necessary interstate commerce nexus for federal prosecution.

The case stems from an incident at an apartment on William Short Circle in Herndon, according to an affidavit filed by a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The affidavit says Fairfax County police officers responded to a domestic dispute and saw Wheeler near the apartment.

According to the affidavit, Wheeler told officers he had been knocking on the apartment door because he was trying to get his clothes. When an officer tried to conduct a pat-down, Wheeler shoved one of the officers and tried to flee, the affidavit says. During the struggle, a firearm fell or was thrown from Wheeler’s person, and one officer shouted, “He’s got a gun,” according to the affidavit.

Wheeler fled a short distance on foot before being apprehended.

Authorities said the firearm was loaded with 14 rounds of 9mm ammunition, including one round in the chamber. The affidavit identifies the firearm as a Glock 17Gen4, 9x19mm pistol, bearing serial number BFEP320.

A Fairfax County detective later interviewed Wheeler, according to court documents. After Wheeler was advised of his Miranda rights, he told the detective his last felony conviction was in 2020 or 2021 for possession with intent to distribute marijuana and concealed carry, according to the affidavit. Wheeler also told the detective he had been carrying the firearm for protection and had it for years. When asked what kind of gun it was, Wheeler said it was “a nine,” according to the affidavit.

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A court database query found Wheeler had been convicted in Spotsylvania County Circuit Court in 2021 of possession with intent to distribute marijuana, greater than half an ounce to five pounds, according to the affidavit.

The criminal case cover sheet identifies Wheeler as a Woodbridge resident and says he was already in federal custody as of May 6 at the Alexandria Detention Center. The cover sheet lists the charge as felon in possession under 18 U.S.C. § 922(g)(1).

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Wheeler’s arraignment was initially set for Tuesday in Alexandria before U.S. District Judge Patricia Tolliver Giles and later reset for 9 a.m. June 4 in Alexandria Courtroom 801.

The indictment includes a forfeiture notice seeking forfeiture of the Glock 17Gen4 pistol, associated magazines and ammunition if Wheeler is convicted.