A man shot by Birmingham police earlier this month has been indicted on federal guns charges.
Jaylin Artez Patton, 28, is charged with being in possession of a Glock .40-caliber as a convicted felon and with possession of a machine gun, according to newly released court documents.
The indictment states that Patton, on the day he was shot by Birmingham police after a brief interstate chase and foot chase, was armed with a gun that was outfitted with a machine gun conversion device designed for firing more than one shot automatically, without reloading, with a single pull of the trigger.
He is set to be arraigned on the charges in Birmingham on Oct. 10.
He was previously charged in state court with trafficking fentanyl, possession of a controlled substance, attempting to elude, disorderly conduct and second-degree possession of marijuana.
Three of the charges are misdemeanors and two are felonies.
The state warrants alleged Patton was in possession of more than 14 grams but less than 28 grams of fentanyl, as well as Oxycodone and marijuana.
The disorderly conduct warrants states that Patton “did engage in disorderly conduct with intent to cause public inconvenience, annoyance or alarm by engaging in violent tumultuous or threatening behavior.”
Patton remains held in the Jefferson County Jail with bonds totaling $273,000.
The incident began just before 4 p.m. Wednesday, Sept. 4, when an officer was conducting a traffic stop on I-20/59 northbound between Tallapoosa Street and Airport Boulevard.
Authorities said Patton didn’t stop and instead drove his car down a small slope on the side of the interstate, coming to a stop at a chain link fence. He bailed from his vehicle and took off running.
A foot chase ensued.
Police Chief Scott Thurmond initially said Patton fired a shot, but on Friday corrected that information to say that Patton was shot after he refused multiple orders to drop his gun and picked it up a second time after tossing it over the fence.
Police body-worn camera footage, and footage taken via cell phone from a passerby, showed Patton running from officers and then scale the fence. He continued to run once he got to the other side and was then shot.
Patton was shot in the hip/buttocks area.
“It’s very hard when we have these critical incidents to have all the information, all the facts immediately,’’ Thurmond said. “We wanted to be sure we clarified that our officers were not shot at but we do so in the video this individual did have a gun.”
Thurmond held a press conference two days after the shooting to discuss the incident and release the police footage.
Thurmond said officers were trying to stop Patton for an “investigative traffic stop for some criminal activity the officers had witnessed prior to this event.”
Court records show Patton has been arrested on at least 16 criminal charges since 2018 including attempting to elude, drug distribution, drug trafficking, and receiving stolen property. He is a convicted felon and prohibited from carrying a gun.
Patton’s parents, Nicole Hillary and Anthony Patton, told AL.com they didn’t believe he fired on officers and were distraught by cell phone video showing him being wounded while running from police.
“Everyone who knows Jaylin knows he’s a good-hearted person,’’ Hillary said. “Jaylin is very afraid of the police. He will run from the police, but as far as him shooting at the police, he would never.”
The officer-involving shooting remains under investigation by SBI.
