Militia Men Indicted

BROWNSVILLE, November 7, 2014 - Kevin Lyndel Massey and John Frederick Foerster have been indicted for unlawful possession of firearms, announced U.S. Attorney Kenneth Magidson.

Massey, 48, of Quinlan, was charged with possessing four different firearms - three .45 caliber pistols and one 7.62 x 39mm rifle, while Foerster, 45, of Brownsville, was indicted on one count of possession of a 7.62 x 39 mm pistol. As prior convicted felons, Massey and Foerster are both prohibited from possessing firearms per federal law.

Massey and Foerster were both members of a citizen group known as “Rusty’s Rangers” or “Rusty’s Regulators.” According to court records, the group consisted of citizens who mounted armed patrols in the Rio Grande area allegedly in search of and to possibly apprehend aliens attempting to enter the U.S. illegally.

On Aug. 29, 2014, law enforcement agents were pursuing suspected illegal aliens in heavy brush when they encountered Foerster. A Border Patrol agent allegedly perceived him as a threat and discharged his weapon, but did not strike Foerster. Forester placed his weapon on the ground.

Massey and other members of the group arrived in the area of the shooting, allegedly armed with a .45 caliber pistol and a 7.62 x 39 mm rifle.

The indictment alleges both Massey and Foerster were previously convicted of burglary and are, therefore, prohibited from possessing firearms.

Massey was arrested Oct. 20, 2014, outside a motel in Brownsville, at which time, he was armed with a .45 caliber pistol with another .45 caliber pistol located in his motel room, according to court records. At that time, more than 1000 rounds of ammunition were allegedly seized in connection with the search of his truck and motel room. Foerster was arrested at his Brownsville home on Oct. 24, 2014, without incident.

Massy was released on bond, but ordered to participate in electronic monitoring, abstain from any communication with members of “Rusty’s Rangers” and submit to a home inspection to ensure no firearms are present. Foerster remains in custody pending a bond hearing to be set in the near future.

If convicted, each face up to 10 years in federal prison and a possible $250,000 fine.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and Cameron County Sheriff’s Department. Assistant U.S. Attorney William Hagen is prosecuting the case.

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