The United States Attorney’s Office announced that during a federal court session in Missoula, on October 12, 2012, before U.S. District Judge Donald W. Molloy, Shawn Patrick Malarkey, a 35-year-old resident of Kalispell, appeared for sentencing. Malarkey was sentenced to a term of:
- Prison: 184 months
- Special assessment: $200
- Restitution: $4,350
- Supervised release: five years
Malarkey was sentenced in connection with his guilty plea to robbery involving controlled substances and use of a firearm during a crime of violence.
In an offer of proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On March 12, 2011, the Flathead County Sheriff’s Office (FCSO) responded to a call from a local pharmacy. Upon their arrival, officers were advised by employees that at approximately 11:30 a.m., Malarkey entered the pharmacy, approached the pharmacist, and demanded all of the pharmacy’s Oxycontin. Oxycontin is a controlled narcotic substance regulated by the U.S. Drug Enforcement Administration (DEA).
The pharmacist responded, “You’ve got to be kidding.” The robber responded, “I’m not,” and produced a semi-automatic handgun and pointed it at the pharmacist. Throughout the course of the robbery, Malarkey pointed the handgun at the pharmacist and his employees and threatened to kill them, causing great fear and concern. After repeated demands by Malarkey, the pharmacist gave Malarkey a brown paper bag containing bottles of Oxycontin. Malarkey also demanded keys to one of the employee’s vehicles; however, the employee did not have a car that day and the pharmacist, fearing for the safety of his employees, retrieved the keys to his vehicle and gave them to Malarkey. Malarkey then directed the pharmacist at gunpoint to depart the pharmacy with him. The two then left in the pharmacist’s green Ford pickup truck. The pharmacist was eventually released by Malarkey at a church in Kalispell.
When apprehended later that day, Malarkey was in possession of the handgun, which was loaded with a live round in the chamber, and $3,300 worth of Oxycontin. The weapon was also determined having been reported stolen in a previous theft.
Malarkey was interviewed by the FCSO and admitted to being under the influence of narcotics and to robbing the pharmacy on March 12, 2011.
Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Malarkey will likely serve all of the time imposed by the court. In the federal system, Malarkey does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.