Second defendant in arms trafficking case draws home confinement

A key witness in an arms trafficking case received the benefit of both his cooperation and his character Wednesday when a Las Vegas judge sentenced him to probation with eight months of home confinement.

Richard Paul, a resident of Durango, Colo., was one of three defendants in the federal case who accepted plea bargains and admitted selling weapons for Nicholas Bickle, a Navy SEAL from San Diego. Paul, Bickle's longtime friend, was the only co-defendant called to testify for the government at Bickle's trial.

Senior U.S. District Judge Roger Hunt joked on Wednesday that Paul was the only defendant in the case "who had the character that would withstand cross-examination."

Paul pleaded guilty in January 2011 to a firearms conspiracy charge and a charge of un­lawfully transporting explosives.

The federal sentencing guidelines, which are advisory, called for Paul to receive a prison term in the range of 87 to 108 months.

But prosecutors asked for a sentence reduction, known as a downward departure, based on Paul's cooperation. They recommended a sentence of 51 months, or more than four years.

In the end, Hunt opted to reduce the sentence even further, calling it "probably the greatest departure" of his career.

"There's no question that Mr. Paul has a great respect for the law," the judge said.

Thomas Chittum III, resident agent in charge of the Las Vegas office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, attended the hearing and later released the following statement: "I believe this sentence is reflective of numerous mitigating factors and Mr. Paul's actions since his arrest."

Paul, 37, declined to comment as he left the courtroom with Assistant Federal Public Defender Shari Kaufman.

Moments earlier, he had addressed the judge while his wife and mother watched from the gallery.

"I just want to say I truly am sorry for everything I did wrong," Paul said.

The father of two sons said he was glad he "was able to testify and make things right."

"I just would like to fix everything that I've done wrong," he added.

When Paul testified in September at Bickle's trial, Assistant U.S. Attorney Phillip Smith Jr. asked the witness how he felt about testifying against Bickle. Paul replied, "A little nervous."

When the prosecutor asked why, Paul replied in a quivering voice: "We've been best friends for so long."

Paul identified Bickle, a petty officer first class, as the source of machine guns and pistols he sold from his home in 2010.

As he ended his questioning of Paul at trial, Smith asked the witness why he had decided to help authorities.

"Because it would give me a little bit less of a sentence if I cooperate," Paul replied.

Bickle was convicted in October of 13 of the 15 counts he faced in the arms trafficking case. On Tuesday, Hunt sentenced him to nearly 18 years in prison.

Prosecutors recently filed a motion for downward departure for Paul based on his "substantial assistance."

According to the document, Paul's testimony "was integral to securing Bickle's conviction."

"Paul immediately accepted responsibility and cooperated from the moment he was confronted about his involvement with law enforcement," prosecutors wrote.

During the trial, prosecutors identified Bickle as the ringleader of a conspiracy to deal unlawfully in firearms. They accused him of bringing machine guns and other weapons into the country from Iraq for his own profit.

Bickle, 34, was given an "other than honorable" discharge from the Navy in December.

On Tuesday, Hunt said he had agonized over what sentence to give Paul in the case. While Paul participated in serious crimes, the judge said, his involvement was less serious.

Paul testified that he met Bickle in 1993, and the two became close friends.

During the summer of 2010, while Paul was working temporarily in Boulder City and living with Andrew Kaufman in Las Vegas, Bickle asked whether he could store some items at Paul's Colorado home. Paul said the two agreed to meet in Las Vegas and drive the items to Colorado.

During the trip, Paul testified, Bickle made a comment about the automatic weapons they were transporting.

The witness said he initially "wanted to be out of it," but by late August 2010, he had become "fully involved."

Paul said Las Vegas resident Omar Aguirre, Andrew Kaufman's friend, called him asking to buy machine guns and pistols, and Paul called Bickle to ask for permission.

Bickle gave his OK and set the price, the witness said. Paul said he later wire transferred money from the sale to Bickle.

An undercover detective had purchased the weapons.

Aguirre, who cooperated in the investigation, and Andrew Kaufman accepted plea bargains in December 2010.

In October, Hunt sentenced Aguirre, who had a prior felony conviction, to five years in prison.

The judge was scheduled to sentence Andrew Kaufman on Wednesday, but Nye County authorities failed to transport the defendant from Tonopah to Las Vegas. He is serving a six-month sentence in Tonopah for attempted embezzlement. The hearing was reset for July 31.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.