Peter Rink, 41 years old, of LaPaz, was sentenced by U.S. District Court Judge Jon E. DeGuilio after entering a plea of guilty to being a felon in possession of a firearm and to possessing a shotgun having a barrel of less than 18 inches in length, announced U.S. Attorney Kirsch.
Rink was sentenced to 51 months of imprisonment followed by 3 years of supervised release.
According to documents filed in the case, Rink was driving a vehicle with a woman who was trying to flee from police. When the vehicle was stopped by police, police found in the vehicle a loaded 12-gauge shotgun with a sawed-off barrel and a loaded 9mm pistol. Rink admitted that he possessed the two firearms despite having a prior felony conviction for aggravated assault in Arizona. The shotgun had a sawed-off barrel that had been shortened to a length in violation of the National Firearms Act. Rink admitted to sawing off the barrel himself. The shotgun and pistol were located on the rear seat of the vehicle in a backpack which also contained methamphetamine, a scale, plastic baggies, and other drug paraphernalia.
This case was investigated by ATF with the assistance of the Marshall County Sheriff’s Department and the Marshall County Prosecutor’s Office. This case was prosecuted by Assistant United States Attorney Luke N. Reilander.
Marshall County Prosecutor Nelson Chipman commented on this case. His statement follows:
This case began with an arrest by Sgt. Les McFarland of the Marshall County Police Department on August 29, 2017 at 9A Road. This office charged Mr. Rink with three counts, Dealing in Methamphetamine, a Level 4 felony, Carrying a Handgun without a License by a Serious Violent Felon, a Level 5 felony, and Assisting a Criminal, specifically Nancy McFarland, a Class A misdemeanor. Because of the handgun and a sawed off shotgun in his possession, the Federal Bureau of Alcohol, Tobacco, and Firearms took an interest in Mr. Rink and after several discussions between Marshall County Prosecutor Nelson Chipman, and Assistant United States Attorney Luke Reilander, he acquiesced for federal authorities to seek an indictment. Upon his indictment in two counts only dealing with the weapons, and after an extended stay at the Marshall County Jail, custody of Rink was eventually transferred to federal authorities.
Mr. Rink was placed on pre-trial supervised release and returned to the LaPaz community. Had the case remained in the Prosecutor’s office, Rink no doubt would have remained in the Marshall County Jail under the bond schedule in consideration of the nature of the offenses.
Prosecutor Chipman monitored the case throughout its progression, including attending the sentencing hearing in South Bend on Monday, August 6.
Under federal sentencing guidelines, points are ascribed to various aspects of a defendant’s background, criminal history and the circumstances and nature of the offense. The offense in Marshall County was serious, and coupled with Rink’s extensive prior criminal record in California, Arizona, and here in Marshall county Chipman was under the firm impression Rink was certain to receive a stiff sentence. Under the point system, he was satisfied with the government’s position to seek 78 months of incarceration, along with the Assistant US Attorney’s vigorous opposition to the defense argument of 36 months of home detention. In a statement Chipman wrote he said, “I was disappointed in the judge’s scaling back of the points in Rink’s favor to a lower category resulting in a 51 month sentence. My disappointment was heightened by the revelation that while on pre-trial release, Rink continued to communicate through social media with some rather savory characters, including an individual with whom he discussed the possibility of selling parts to handguns and ammunition.” Chipman went on to say, “Nevertheless, as I am obliged to do, I accept the federal judge’s sentencing decision. It is with a bit of skepticism, but it is my hope that Mr. Rink will obtain the rehabilitation we all insist he must. He is 41 years old, he is not in the greatest of health, and this is his last chance to turn his life around. But, I dare say, he would have gotten more time in prison from the Indiana system of justice, than what was deemed appropriate in the federal.”
