A federal grand jury has indicted Albert McCreary, 55, a code enforcement officer for the city of Prichard, on a charge of being a felon in possession of a firearm. McCreary, of Daphne, pleaded not guilty at his arraignment. A federal magistrate judge ordered him held without bond after prosecutors argued he presents both a flight risk and a danger to the public. Jury selection in the case is scheduled for Sept. 28.
The indictment follows McCreary’s arrest in late July after a traffic stop that investigators say was connected to a separate rape investigation. He has not been charged in that matter. The firearms case centers on a handgun found in his vehicle and a decades-old felony conviction that, under federal law, bars him from legally possessing a gun.
What a Federal Grand Jury Indictment Means
A federal grand jury indictment is a formal, written accusation that a person committed a federal crime. It is issued by a panel of citizens who review evidence presented by federal prosecutors, without the defendant or defense attorney present, to decide whether there is probable cause to bring the case to trial. An indictment is not a finding of guilt; it simply allows a criminal case to proceed. Defendants are presumed innocent unless and until the government proves its case beyond a reasonable doubt at trial, or the defendant enters a guilty plea. Once a grand jury returns an indictment, the case moves toward arraignment, where the defendant is formally notified of the charges and enters a plea, followed by pretrial proceedings and, absent a plea agreement, a jury trial.
The Charge and What Comes Next
McCreary is charged with being a convicted felon in possession of a firearm, a federal offense that applies to anyone who has been convicted of a crime punishable by more than a year in prison and is later found with a gun or ammunition. Prosecutors have said that if McCreary is convicted, he faces a mandatory minimum sentence of 15 years in federal prison, reflecting sentencing provisions that apply to certain repeat or violent offenders. A magistrate judge’s decision to hold a defendant without bond, sometimes called pretrial detention, is separate from the question of guilt; it is based on a judge’s assessment of whether the person is likely to flee or poses a danger to the community while the case is pending. Jury selection is set for Sept. 28, after which the case would proceed to trial unless resolved beforehand through a plea agreement or other pretrial disposition.
How the Case Began
According to a federal criminal complaint and supporting affidavit, investigators had obtained a state search warrant for McCreary’s Chevrolet Tahoe in connection with a reported rape in Mobile County. The Mobile County Sheriff’s Office Special Operations Unit stopped the vehicle for a traffic violation, and the complaint states that McCreary, who was driving, made what officers described as furtive movements near the center console. McCreary acknowledged having a firearm and told the officer he had recently been at a shooting range training in connection with his role as a Mobile County constable, an elected position that the affidavit notes carries no law enforcement powers or duties. Deputies seized a Glock Model 23 .40-caliber pistol from the vehicle.
Prior Felony Conviction
Investigators determined that McCreary has a felony conviction from Florida’s Escambia County, where court records show he was convicted in 2009 of battery and domestic battery by strangulation. According to the affidavit, McCreary told investigators he believed he was legally permitted to carry a firearm because his conviction had been expunged. Investigators said they checked with Florida’s Office of Executive Clemency and found no record that his civil rights, including the right to possess a firearm, had been restored. The affidavit also states that McCreary denied recent contact with the woman who reported the rape, but that the broader investigation indicated otherwise.
Employment and City Response
Records from the Mobile County Personnel Board show McCreary has worked as a code enforcement officer for the city of Prichard since September 2023. A spokeswoman for the city referred inquiries about the case to the FBI and did not respond to questions about McCreary’s current job status or how he was hired despite his criminal record.
Separate Civil Proceeding
McCreary also faces a separate civil action in Mobile County, where the district attorney’s office has filed a petition seeking his removal from his elected post as a Precinct 31 constable, citing his felony conviction and a residency dispute. That civil matter is distinct from the federal criminal case and is proceeding on its own track through the county court system, though both involve the same underlying felony conviction.