ATF: Gonzales man fired shots at SWAT team executing arrest, search warrants


A criminal complaint filed against a Gonzales man alleges he fired several rounds at Texas Department of Public Safety SWAT team and Bureau of Alcohol Tobacco and Firearms officers who were executing a warrant for his arrest and a search warrant for his property earlier this month.

James David Dubose is being held on a federal charge of felon in possession of a firearm, which carries a penalty of up to 15 years imprisonment, a $250,000 fine, three years of supervised release and a $100 mandatory special assessment.

Dubose was arrested at his residence, which is on his family’s property in the 2100 block of County Road 308 in Gonzales, on Friday, March 10.

According to a criminal complaint affidavit filed by ATF Special Agent Kaitlin O’Connell, as SWAT team members breached a side door at the residence the officers “heard shots fired inside the residence. One to three shots were heard after the side door of the residence was breached. Officers stated they believed the shot(s) came from the right side of the residence. It was later identified Dubose’s bedroom was on the right side of the residence.”

“Shortly after, James Dubose peeked out the front door, paused, then exited the same door,” O’Connell wrote. “Dubose then walked towards officers, when Dubose was within arms distance of officers, he became combative, but was detained. As a result of the search warrant, Dubose, who is a convicted felon, was found to be in possession of multiple firearms and ammunition. Additionally, a second male (roommate) was located in the residence, who was detained without incident.”

A .40-caliber Glock pistol was found loaded with seven rounds of 9mm ammo, including one in the chamber, on a floor freezer next to the front door of the residence. A Smith and Wesson .556 caliber rifle was found loaded with nine rounds of ammo in a 20-round high capacity magazine on the floor of Dubose’s bedroom in plain view.

A Savage .308-caliber rifle, loaded with two rounds of ammo, was located leaning against the wall on the floor in Dubose’s bedroom in plain view. An unloaded Ruger .327 Magnum was located on Dubose’s bed in plain view. An unloaded Mossberg 12-gauge shotgun was located on a bench at the bottom of Dubose’s bed, in plain view, along with an unloaded Stevens 16-gauge shotgun.
Finally, a STI Trojan .45 caliber was found, loaded with six rounds, including one in the

chamber, wrapped in sheets in the roommate’s bedroom. Additionally, various ammunition, including shell casings, magazines, a cellphone, one black powder firearm and a flintlock firearm were also located.

When being interviewed after his Miranda rights were read, Dubose told officers the bedroom on the right side of the residence was his and admitted the weapons found in that bedroom were his, but that the Ruger pistol belonged to a female who he planned to whom he planned to transfer the weapon.

“Dubose admitted he shot two rounds during the execution of the search warrant with the Glock pistol,” O’Connell wrote in her affidavit. “Dubose admitted he placed the Glock pistol on the floor freezer near the front door prior to exiting the residence. Dubose admitted he was a convicted felon.”

According to the affidavit, Dubose has prior convictions in Gonzales County for terroristic threats, assault against a public servant and attempt to take a weapon from an officer.

The government filed a motion to hold a pre-trial detention hearing for Dubose because he is being charged with a felony offense that involves the possession or use of a firearm (including but not limited to felon in possession of a firearm) and that prosecutors with the U.S. Attorney’s Office for the Western District of Texas believe there is “a serious risk that the defendant will obstruct or attempt to obstruct justice.”

A hearing has not yet been set before U.S. Magistrate Judge Elizabeth Chestney.