Lexington man gets more prison time for gun possession than he did for reckless homicide
A Lexington man is set to spend more time in prison for gun possession than he did after pleading guilty to reckless homicide years ago.
Darryl W. Stewart Jr., 32, was sentenced Tuesday to nearly seven years in federal prison for possessing a gun as a convicted felon after admitting that he had one when detectives searched his car on Sept. 3, 2019. In contrast, he was sentenced to a three-year suspended prison sentence when he pleaded guilty to a previous Lexington killing.
Stewart was charged after detectives encountered him on Sept. 3, 2019, while trying to arrest Tavis Chenault, a relative of Stewart’s who had outstanding warrants, according to court records. Chenault was riding in the front passenger seat of a Lexus Stewart was driving, according to court records.
The Lexus pulled into the apartment complex where Chenault lived while detectives were following it, but no one got out, and the two men drove to a Speedway gas station nearby, according to court records.
Detectives said they followed the car into the Speedway parking lot and saw Stewart reach under the driver’s seat, get out of the vehicle and go into the store, according to court records.
They also saw Chenault “making frantic movements toward the passenger side floorboard which officers believed was an attempt to conceal or reach for item(s) under his seat,” prosecutors wrote in court records.
Detectives detained Chenault as he got out of the vehicle, according to court records. He had several cell phones and $1,642 when he was detained.
Defendant tried to get away from vehicle carrying guns
Meanwhile, Stewart had appeared to try to distance himself from the Lexus, and one detective said Stewart was trying to get a ride from other people at the store, according to court records. He was asked by police for identification and provided it.
An officer looking into windows of the Lexus saw a gun visible on the floor of the driver’s side, at which point Stewart was handcuffed, according to court records.
A canine unit was used because Chenault was “known to be involved in narcotics activity,” prosecutors wrote in court documents. Prosecutors said the canine showed signs of sensing narcotics in the vehicle, and detectives searched it.
Detectives found a stolen, loaded Sig Sauer Model SP2022 .40-caliber pistol on the floor of the driver’s side and a stolen, loaded Glock 9 mm with an extended magazine on the passenger’s side. In the back seat, a loaded Zastava Arms “Draco” 5.56 x 45 mm gun was found, according to court records.
An indictment filed against Stewart said the Sig Sauer pistol was his.
Stewart unsuccessfully tried to get all evidence seized from the search thrown out, arguing that it was questionable whether or not the canine detected drugs and police didn’t have the right to search the vehicle in the first place.
Stewart signed a plea agreement in the case on Dec. 17, according to court records.
Stewart has to serve at least 85 percent of his prison sentence, which is nearly six years, before he can be eligible for release. He will also be on probation for three years after his release, according to the Justice Department.
No prison time for homicide; victim shot 4 times
Stewart’s reckless homicide conviction in state court stemmed from the death more than six years ago of Jered Taylor in what investigators said was a drug deal. Taylor, 26, was shot four times in the upper body, according to police testimony.
Police also found duct tape on Taylor’s pants, his head and on one wrist — indications that he had been bound before he was shot, a detective testified at a hearing for Stewart.
Stewart was originally charged with murder, but the charge was amended down. He entered an Alford plea, meaning that he didn’t admit guilt but acknowledged there was enough evidence to convict him. He was facing a three-year prison sentence, but his prison time was suspended, and he was given five years of probation, according to court records.
Stewart’s probation order was modified in 2018, and he was ordered to serve 90 days in custody, minus 19 days credited to him for time served, according to court records.
In February 2019, his probation was completely revoked after he tested positive for cocaine and fentanyl, according to court records. He was ordered to serve his full three-year prison sentence at the state penitentiary, with credit for time served while his case was being heard.
Stewart was released from custody just months later on May 1, 2019, according to records from the state Department of Corrections.
This story was originally published March 17, 2021 at 10:38 AM.