Illegal Immigrant Living In Billings Sentenced In Federal Gun Case

A 42-year-old man living in Billings was sentenced to 18 months in federal prison following a firearms conviction connected to a Christmas night incident in Yellowstone County.

U.S. Attorney Kurt Alme announced the sentence, which was handed down after the man pleaded guilty to one count of being a prohibited person in possession of a firearm. The conviction was entered on Thursday, December 11.

Christmas Night Argument Leads to Gun Call

According to court documents, the incident happened just after midnight on December 25, 2024, when deputies with the Yellowstone County Sheriff’s Office responded to a report of a firearm being brandished at a Christmas party on Lewis Avenue in Billings.

READ MORE: Federal Jury Convicts Billings Predator; Life Sentence Now Possible

Witnesses told deputies that an unknown man had started an argument with another guest and pulled a teal colored handgun from his waistband, pointing it at the victim’s stomach. Another partygoer was able to wrestle the gun away before the man fled the scene. Deputies took possession of the firearm, identified as a teal SCCY 9mm pistol.

Vehicle Linked to Suspect Found Nearby

Witnesses reported the man left the scene in a black Cadillac Escalade. Deputies later located a black Escalade parked outside a residence believed to belong to the suspect. The vehicle had a shattered driver’s side window and a “Rico Construction” decal on the back window. While deputies confirmed the suspect lived at the residence, they were unable to make contact with him that night.

Search of Home Turns Up Ammunition and Gun Accessories

The following day, deputies returned and spoke with Javier Vidal Rico, who admitted he had attended the Christmas party and left around midnight. He acknowledged owning the Escalade and said the window had been broken while he was driving. Rico consented to a search of his home.

Deputies found 23 live 9mm rounds, three live .25 caliber rounds, a loaded SCCY pistol magazine, and a nylon gun holster inside a closet. He was arrested following the search.

Immigration Status Confirmed During Booking

During the booking process, Rico told deputies he was a citizen of Mexico. He admitted he had paid a smuggler to enter the United States illegally in 2021 and said he previously lived in Missouri before moving to Montana.

Investigators later confirmed Rico had been removed from the United States in 2014 and was subject to a lifetime ban on reentry. Authorities stated that he did not obtain permission from federal officials before reentering the country.

Get our free mobile app

Federal Case and Sentencing Details

Rico pleaded guilty to being a prohibited person in possession of a firearm. U.S. District Judge Susan P. Watters presided over the case and issued the 18-month prison sentence. Assistant U.S. Attorney Jacob Yerger prosecuted the case.

The investigation involved the Yellowstone County Sheriff’s Office, Montana Highway Patrol, U.S. Immigration and Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.