Wednesday, December 13, 2023, began just like any other workday for Bryan Montiea Wilson, a 33-year-old resident of West Columbia, South Carolina, who had never been in trouble with the law.
At 6 a.m., Wilson began his shift at Harsco Rails on West Technology Drive, where he worked as a material processor for the railroad equipment manufacturer. A couple hours later, Wilson’s supervisor found him on the facility floor and told him to report to the main office. Inside were two men and a woman, all wearing civilian clothes. They told Wilson they were ATF agents and that they had a warrant for his arrest. They never showed him a badge.
Wilson was handcuffed and searched. He did not resist and complied fully with their demands. He told the agents he was diabetic, so they allowed his supervisor to retrieve a Pop-Tart, fruit juice and blood-sugar monitor from his locker. Wilson was walked out of Harsco in handcuffs. All of his coworkers witnessed his arrest. In the parking lot, Wilson saw two more agents searching his car.
On the way to the federal courthouse, the agents allowed Wilson to call his brother, who notified his parents of his arrest. At the courthouse, Wilson was booked, fingerprinted and photographed. He was searched a second time; all of his personal property was seized, and he was locked in a holding cell by himself.
Eventually, a Federal Public Defender was allowed in and showed Wilson a copy of an indictment, which charged him with five counts of possession with intent to distribute a controlled substance and three counts of possession of a firearm in furtherance of a drug trafficking offense.
Wilson faced up to 115 years in a federal penitentiary and more than $17 million in fines. The indictment also sought to forfeit unspecified personal property and money. Wilson had never been arrested in his life. He repeatedly told his lawyer he was innocent and that there had to be some sort of mistake.
Wilson was ushered into a courtroom and arraigned before a U.S. Magistrate Judge, who read the charges off of the indictment. An agent falsely testified that the ATF had Wilson under surveillance for the past 13 months. The agent listed several dates when Wilson allegedly sold drugs to undercover ATF agents. He claimed they had Wilson on tape committing the crimes, and that other codefendants had been arrested as well.
Wilson pleaded not guilty. The judge was willing to schedule a bond, but prosecutors wanted Wilson held for several days instead. After the hearing, Wilson continued to tell his lawyer that there had been a mistake. His family, who were present during the arraignment, said the same thing.
False reports
According to court documents, from November 2022 to March 2023 West Columbia Police Officers Calvin Brown and David Thompson – who were assigned to an ATF task force and supposedly working under ATF supervision – “conducted a series of gun and drug purchases from (among others) someone they identified as Mr. Wilson.”
According to the officers’ reports, the person that the officers bought guns and drugs from and surveilled was listed as “WILSON, BRYAN MONTIEA” or “BRYAN WILSON.” Their reports even listed Wilson’s actual home address. They described him as a black male, 33 years old, five feet, 10-inches tall, with black hair and brown eyes – a description that matches Wilson and a host of other West Columbia residents.
Their reports document numerous undercover purchases of crack cocaine, methamphetamine and numerous firearms from someone they falsely believed was Wilson.
On March 15, 2023, the officers wrote “A CONTROLLED PURCHASE FOR 2 FIREARMS FOR THE PRICE OF $1,900 AND 29 GRAMS OF METHAMPHETAMINE FOR THE PRICE OF $280 FROM THE SUSPECT IDENTIFIED AS BRYAN WILSON WAS CONDUCTED THROUGH THE USE OF CONFIDENTILA (sic) INFORMANTS AND UNDERCOVER OFFICERS.”
On December 5, 2023 – eight days before Wilson’s arrest – a federal grand jury issued an eight-count indictment, alleging Wilson committed the following federal crimes:
- Count One: Possessing and distributing crack cocaine on November 10, 2022, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
- Count Two: Possessing and distributing five grams or more of methamphetamine (i.e., “meth”) and crack cocaine on November 18, 2022, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and (b)(1)(C).
- Count Three: Possessing and distributing crack cocaine on December 8, 2022, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
- Count Four: Using and carrying a firearm during a drug trafficking crime on December 8, 2022, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
- Count Five: Possessing and distributing five grams or more of meth and crack cocaine on January 17, 2023, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and (b)(1)(C).
- Count Six: Using and carrying a firearm during a drug trafficking crime on January 17, 2023, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
- Count Seven: Possessing and distributing five grams or more of meth on March 13, 2023, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B).
- Count Eight: Using and carrying a firearm during a drug trafficking crime on March 13, 2023, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
There was just one problem: Bryan Montiea Wilson never sold guns or drugs to ATF agents, their informants, or anyone else.
ATF got the wrong man….
Release
Wilson’s Federal Public Defender is the real hero in this case. After the arraignment, he persuaded prosecutors to keep Wilson at the courthouse long enough for him to investigate Wilson’s claims of innocence.
No documentation exists about the process or how this happened, but eventually, the ATF somehow realized” they got the wrong man. Prosecutors quickly moved to dismiss the case, but they offered no written explanation as to why they wanted the charges dropped.
“Further review of the case reveals that the interests of justice would best be served by a dismissal of the pending charges as opposed to further prosecution. Based on the foregoing, the Government respectfully requests that the Court dismiss the pending charges against defendant Bryan Montiea Wilson,” the prosecution’s motion to dismiss states.
Assistant U.S. Attorney E. Elizabeth Major, the prosecutor who signed the motion to dismiss, did not return calls seeking comment for this story.
Wilson was released from federal custody around 4:20 p.m., and he walked out of the courthouse a free but damaged man. All of the charges were dismissed with prejudice at the prosecutors’ request.
No one told him how the ATF had made such a horrible mistake.
Civil Suit(s)
Earlier this month, Wilson filed a federal civil-rights lawsuit against the two West Columbia Police Officers who falsely alleged he sold them guns and drugs while they were working as task force officers for the ATF.
His lawsuit, which seeks an unspecified amount of actual, consequential, and punitive damages, alleges the officers committed a false arrest in violation of his Fourth Amendment rights and that their misconduct led to wrongful indictment/malicious prosecution, which violated his Fifth and Fourteenth Amendment rights.
“Defendants initiated a criminal proceeding against Plaintiff without probable cause – i.e., without a reasonable belief that Plaintiff, in fact, committed federal drug trafficking and gun crimes,” the lawsuit claims. “As a direct and proximate result of Defendants’ conduct, Plaintiff was indicted, arrested, searched, detained, and humiliated and is entitled to recover damages, present and prospective, including for lost wages, mental anguish, distress, shock, loss of reputation, the violation of his Fifth Amendment rights, and other expenses.”
Wilson’s suit details the harm his false arrest has caused.
He needed to take several days off work. Nowadays, he rarely leaves his house. He suffers migraines and his coworkers spread rumors about his arrest and his release. One falsely claims he flipped on a codefendant, which is the kind of rumor that can get him killed. Others claim he was arrested for rape and even murder.
According to his lawsuit, Wilson worries his teenage daughter may learn what the ATF did to him. His mother, this suit claims, “now calls her son while he is at work to check on his wellbeing.”
“Mr. Wilson is a father, brother, and son, and a law-abiding citizen who works for an honest living,” the lawsuit states. “He has never trafficked drugs. He is a lawful gun owner. He has no criminal record.”
A second civil rights lawsuit against the ATF is extremely likely.
Veronica Hill, spokeswoman for the U.S. Attorney’s Office for the District of South Carolina said she cannot comment about the case because Wilson has filed an administrative claim against the government – a prelude to a civil suit.
“When you want to file a (civil) complaint against a federal agency, you have to file an administrative claim first,” she said. “If it is not resolved within six months, or not resolved to the satisfaction of the claimant, a lawsuit can then be filed.”
Corey Ray, spokesperson for ATF’s Charlotte Field Division, which oversaw the investigation, did not return calls seeking comment for this story.
Guns on the table
Neither prosecutors nor the ATF allowed Wilson’s false arrest to dampen their enthusiasm for what they described in a press release as an “advanced, intelligence-based, multi-faceted law enforcement operation.”
“In June of 2022, in response to rising violent crime in the West Columbia area, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in Columbia launched an advanced, intelligence-based, multi-faceted law enforcement operation. The purpose of the operation was to target criminal entities and groups in the area, specifically those engaged in the illegal use, sale, and possession of firearms and narcotics. ATF established a controlled buy location, and ATF undercover agents and confidential informants began conducting controlled purchases of firearms and narcotics from criminal targets in the area, while local agencies conducted crime suppression operations,” the release states.
According to the press release, 210 firearms were seized and 20 people were arrested, including “members of the Bloods, Crips, and Gangster Disciple street gangs.”
Neither Wilson nor his false arrest were mentioned in the press release.
Takeaways
Were it not for the heads-up play of a Federal Public Defender, Wilson would likely still be in jail alongside 20 alleged gang members. It is not known if ATF agents were ever able to track down the suspect whom they mistook for Wilson, who actually sold them drugs and guns.
We will never know all of the allegations that the ATF made against Wilson or the details. Their federal complaint was quickly sealed and is no longer available to the public. However, the allegations Wilson’s attorney included in his civil suit are eerily similar to the allegations ATF made about Bryan Malinowski, the 53-year-old Arkansas airport executive whom ATF agents shot and killed in his home on March 19th, 2024.
The ATF also claimed they had made several undercover firearm purchases from Malinowski. They said they surveilled Malinowski for months, too. Malinowski will never be able to refute these allegations or file a civil suit.
Civil rights violations by the ATF have skyrocketed since the Biden-Harris administration weaponized the agency as part of its war on law-abiding gun owners. One can only wonder whether federal judges will take judicial notice of these injustices and start asking a few more questions before they sign off on any future request from the ATF, to ensure the agents don’t shoot another innocent homeowner or make another false arrest.
This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.
About Lee Williams
Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.
If the legal system has any interest in justice whatsoever, all of the police and agents involved in this will be found guilty and personally responsible, pay damages and go to jail for a decade or more. Same with the prosecutor. But we all now none of the police or Batmen will see the inside of a prison cell or pay anything.
Exactly. Justice requires personal accountability which means prison and fines for the officers and prosecutor. Giving this gent tax dollars does nothing for justice, does nothing to hold guilty scum responsible, does nothing to prevent further abuses by these dregs of humanity.
Qualified Immunity.
When an organization acts AGAINST Our American Constitution — they LOSE ALL QUALIFIED IMMUNITY!!!
Your intent in your comment got you my up vote, but you have to realize something that is VERY important; the CONstitution they operate off of is NOT the one that you are thinking about! If you go to the CourtVictim web site and read my papers there, you will get a lot of education in matters like these.
Misidentification and arresting innocent people. Why am I not surprised by this coming from the ATF?
This type of thing just compounds impact of their death squads. At this point anyone wearing ATF insignia or otherwise identified as a terrorist is worthy of a self defense shooting on sight. This is a terroristic organization which should be being hunted by our government instead of funded!
That is the job of ‘We the People’. If they have the stomach for it.
When you militarize an agency, they become rogue actors, and taxpayers end up footing the bill, regardless of the outcome. ABOLISH THE ATF!
Eliminate the “atf/nfa/gca and all tenticles thereof” AFTER ALL of the UN-CONSTITUTIONAL “rules and regulations” ARE ELIMINATED and RESTRICTED from being used by ANY “law enforcement agency” all across American soil!!
Better yet, abolish the 100% corrupted legal system that not only ALLOWS crap like this to happen, but ENCOURAGES it too!
I am surprised they waited until he was at work, and took him into custody. That is not ATF standard tactical doctrine.
Standatd ATF tactical doctrine is to find a innocent suspect at home, kick in his door, and shoot him, his dog, and sometimes his wife too.
“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them.” — Ayn Rand in “Atlas Shrugged”
the government has become the criminals time for halving of the c’s
Every American can feel an overwhelming sense of pride in the professional conduct of the men and women of the ATF and rest comfortably knowing that next time they will murder the innocent citizen in the middle of the night to avoid all this bad press.
That’s what they are going for, isn’t it?
Great Googly Moogly!
I may have found someone who’s sense of humor is as warped as my own!
he left out fbi…ng ones
Besides Mr.Wilson, who was the victim? What was the actual crime where a victim was involved? Oh, surprise…there were none.
“The indictment also sought to forfeit unspecified personal property and money.” Heaven forbid an accused person be left with the resources to hire a lawyer if need be or even a home to return to once found innocent. All the BS congress wastes time and money on yet won’t fix these types of abuses. I guess we can be relieved the FBATFE did not arrest a corpse at the scene of a no-knock at the crack of dawn shoot first ask questions later raid. Their investigator requirements must consist of watching 80 hours of training films – Keystone Cops silent… Read more »
I guess they all look alike, huh. That will be their excuse. It least it wasn’t a 2 am raid this time.
In the words of the late R.L. Burnside….” It Bad, You Know!” I’ve got a feeling it’s going to get worse!
ATF degenerated into a political goon squad long ago. They not only should be disbanded, many of it’s agents should be investigated.
WHEN ANY DEMOCRAT IS IN THE WHITE HOUSE, ATF HAS ONE JOB, TO PERSECUTE GUN OWNERS
they did not know where his house was
I am sure that was the plan
they are not so smart that they do the legwork for the stories they make up
atf needs to be disband and most of its members jailed or hanged
The ATF is a clear and imminent danger to the American people and should be immediately abolished – and all the gun laws repealed.
Hats off to the PD that actually did their job and didn’t actively assist in railroading Mr. Wilson.
the article said that 2 west columbia police officer did the drug and weapons transactions and surveilled him and were attached to and working under the supervision of batfe. either they are liars or incompetent. in either case they have no business enforcing laws. i foresee a day when innocent people will resort to vigilante justice because the judicial system either doesn’t want to or doesn’t care to keep these para-military criminals in check. no employee of any governmental agency in America should have the benefit of any form of immunity. we do not have a monarchy, no one is… Read more »
I like his moveof suiing the local city coppers first. Their complicity with BATF is no right. let the Fed agency do their own dirty work, leave the local LE to their own jurisdiction. Perhaps in the invetigation and trial of the local dirty coppers some “interesting” information will be unearthed which then can help nail the corruptocrat Feds. I would also move to have the entire set of records and reports and documents from this original indictment unsealed. There are some VERY sloppy/corrpt actors invlved here. ANd I fully agree.. this guy got a dump truck load of mercy..… Read more »
I hope he sues the hell out of the ATF and wins. I hope the agents are held liable and prosecuted. Why is the ATF investigating drug crimes? That is not their mandate. This rouge agency should be disbanded.
Often times investigations reveal more than one type of crime is being perpetrated. in those ‘mixed cases” if the criminals are doing mostly drugs and a little of other crimes the case would be turned over from the agency that was working the case to the DEA. If a case is mostly guns and a little drugs, then the case would get sent over to ATF or be retained by the ATF.
It is just a rule of convenience between the agencies, and helps to prevent agencies stumbling over each other.
I’d have to ask if he was under surveillance for 13 months, why they didn’t include photos or video of the man that was conducting sales of guns and drugs to undercover agents? Which undercover officer made to positive ID of this man when they arrested him? He should sue the BATFE and be awarded a huge sum of money from the BATFEs operations funds. Be nice if someone is held accountable for the EFF’UP.
He should be making the media circuit and warning people of these false arrests and abuse.
Fortunately, they hadn’t “Little Rocked” him yet……
Nothing new in this story. Muckraking or needful exposure of ATF and!! the Federal Prosecutor failures to do due diligence? Looks like both. I wish Mr. Wilson success in holding the FP office, ATF, and others involved accountable.
There are no good cops. There are bad cops and those cops that cover for them or look away.
I’m surprised the AFT didn’t just shoot him in the head – just hit that pesky off switch on the body cams and go to town!
I recall reading about the BATF doing this same thing when I was in High school. What a legacy. They should change their agency name to the Bureau of Stupidity and Corruption.