Eastern District of Texas

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BEAUMONT, Texas – A Nacogdoches man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.  The sentencing hearing was held before U.S. District Judge Ron Clark.

 Tremaine Smith, 27, of Nacogdoches, Texas, pleaded guilty on Sep. 5, 2012, to possession with intent to distribute crack cocaine and was sentenced to 63 months in federal prison today.

            According to information presented in court, from 2008 to June 20, 2012, Donald Dixon, a.k.a. “Black”, Cedrick Fowler, a.k.a. “C” and “C-Murder”, Kerry Wayne Griffin, a.k.a. “Big Boy”, Omar Paunetto, Jose Angel Bustillos, Michael John Pereira, Rodney Stevenson, a.k.a. “Arod”, Darius Thorn, a.k.a. “Bs” and “Beez”, Tremaine Smith and Anthony Fowler conspired to traffic cocaine and crack cocaine throughout East Texas. 

            Smith's role in the conspiracy was to acquire powder cocaine from C. Fowler and then convert it into a "crack" cocaine base.  Smith would then redistribute the crack cocaine to others in East Texas.

            On June 20, 2012, a federal grand jury returned a 10-count indictment charging 10 defendants, including Smith, with drug trafficking violations. 

            This case is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. 

            This case was investigated by the Drug Enforcement Administration, the Nacogdoches Police Department, and the Nacogdoches County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Baylor Wortham.

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BEAUMONT, TX – United States Attorney John M. Bales announced today that a Beaumont man has pled guilty to federal carjacking charges in the Eastern District of Texas.
 
ROGELIO ARELLANO TORRES, 19, of Beaumont, Texas, admitted to charges he car jacked a woman last year during a hearing before United States Judge Marcia Crone today in Beaumont.  Torres had been indicted on July 11, 2012 and charged with carjacking in a one count indictment. 

According to information presented in court, on June 24, 2012, Torres forced the woman at knifepoint into her vehicle in the parking lot of the Pappadeaux’s Restaurant in Beaumont.  Torres then drove, with her captive, to a bank ATM where he demanded the victim withdraw money from her account.  After withdrawing the money, the woman was eventually forced from her vehicle and Torres fled with her car, purse and cell phone.   

            Torres faces a term of up to 15 years in prison.  A sentencing date has not been set.

            This case is being investigated by the Federal Bureau of Investigation and the Beaumont Police Department and prosecuted by Assistant United States Attorney Joseph R. Batte.   ###

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SHERMAN, Texas – A Collin County, Texas, husband and wife have been arrested and charged with health care fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today. 

John Mitchell Rutoskey, 59, and Gwenice Rutoskey , 54, were arrested early this morning at their McKinney, Texas, home without incident.  On Dec. 12, 2012, the Rutoskey’s were named in an indictment returned by a federal grand jury charging them with conspiracy to commit health care fraud, six counts of health care fraud, causing false representations in relation to federal health care programs, and two counts of money laundering.  The Rutoskey’s will make an initial appearance today before U.S. Magistrate Judge Amos Mazzant.

If convicted of these charges, the Rutoskey’s face up to 10 years in federal prison for each health care fraud and money laundering charge.  They face up to five years in federal prison for the charge of causing false representations in relation to federal health care fraud programs.

This case is being investigated by the Federal Bureau of Investigation, the Department of Health and Human Services, the Texas Attorney General’s Office, and the McKinney Police Department.  This case is being prosecuted by Assistant U.S. Attorney James Peacock.

Any individuals with knowledge of these or other health care fraud violations are encouraged to contact the Department of Health and Human Services’ fraud hotline at 1-800-HHS-TIPS (447-8477)

A grand jury indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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TYLER, Texas – A 23-year-old Whitehouse, Texas man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
 
Oscar Vela pleaded guilty on June 11, 2013, to online enticement of a minor to engage in sexual activity and was sentenced to 120 months in federal prison on Jan. 9, 2013 by U.S. District Judge Leonard Davis.

According to information presented in court, Vela communicated with law enforcement agents who were acting in an undercover capacity.  The law enforcement agents represented that they were a minor female who was available for sexual activity for a price.  Vela agreed to pay for sex with the minor female and was apprehended by law enforcement.  As a result of this conviction, Vela will be placed on the required to register as a sex offender following his imprisonment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Longview Police Department and the U.S. Secret Service and prosecuted by Assistant U.S. Attorney Mandy Griffith.

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PLANO, Texas – A 53-year-old Hickory Creek, Texas man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
 
Perry Joe Wicks pleaded guilty on June 15, 2013, to online enticement of a minor to engage in sexual activity and was sentenced to 121 months in federal prison on Jan. 9, 2013 by U.S. District Judge Richard Schell.

According to information presented in court, Wicks communicated with law enforcement agents who were acting in an undercover capacity.  The law enforcement agents represented that they were a minor female who was available for sexual activity for a price.  Wicks agreed to pay for sex with the minor female and was apprehended by law enforcement.  As a result of this conviction, Wicks will be placed on the required to register as a sex offender following his imprisonment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

                This case was investigated by the Plano Police Department, the Collin County Sheriff’s Office and the U.S. Secret Service and prosecuted by Assistant U.S. Attorney Mandy Griffith. ####

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TYLER, Texas – Two Smith County, Texas residents have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Clinton Daniel McCaa, 32, of Whitehouse, Texas, pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine today before U.S. Magistrate Judge Judith K. Guthrie.

Tara McDonald, 40, of Tyler, Texas, pleaded guilty to maintaining a place for the distribution and use of methamphetamine today before Judge Guthrie.

            According to information presented in court, during 2011, McCaa acquired methamphetamine from Clinton Squires of Terrell, Texas, which McCaa then distributed to multiple persons in Tyler, Texas.  During this time, McCaa lived with McDonald at her residence on Meadow Creek Drive in Tyler, Texas.  McDonald admitted that she knew McCaa was involved in the distribution and use of methamphetamine.  Furthermore, McDonald allowed McCaa to store methamphetamine and other substances at her residence.

             A federal indictment was returned on May 2, 2012, charging McDonald and McCaa with federal drug crimes. 

McCaa faces up to 40 years in federal prison.  McDonald faces up to 20 years in federal prison.  Sentencing dates have not been set. 

            This case is being investigated by the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.

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TYLER, Texas – A 42-year-old Tyler, Texas man has been sentenced to federal prison for federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

James Henry Hardee pleaded guilty on Oct. 11, 2012, to wire fraud and was sentenced to 30 months in federal prison today by U.S. District Judge Leonard E. Davis.

                According to information presented in court, from 2005 to 2008, Hardee, who was serving as the managing member of an investment group based in Tyler, embezzled investor funds and used the money for personal purposes such as mortgage payments, vehicles, and credit card payments.  The investment group was comprised of multiple investors from Georgia and was formed to open and operate multiple fast-food restaurants in Arkansas.  Hardee concealed his misappropriation of funds by falsifying financial statements, including those sent to investors by electronic mail on a monthly basis. 

            A restitution hearing will be held at a later date.

            This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney L. Frank Coan, Jr.

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TYLER, Texas – A 54-year-old Tyler, Texas, building contractor has pleaded guilty to federal charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

            Daniel Kubisty pleaded guilty to attempted arson today before U.S. Magistrate Judge Judith Guthrie.

            According to information presented in court, on Mar. 19, 2012, Kubisty accepted $3,000 from Edward Jacobs to burn down a building located at 3322 E. Fifth Street in Tyler that was being used by the “Add-Life Recovery Center” methadone clinic.  Kubisty and Jacobs conspired to burn down the building in order to gain a competitive advantage for the “Methadone Clinic of East Texas” which was owned by Jacobs and also had an office in Tyler, Texas. On Mar. 19, 2012 Kubisty was arrested in Tyler by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and was found to have a gasoline can, with a wick saturated in gasoline protruding from its neck, in the back of his pickup. 

Kubisty faces from five to 20 years in federal prison.  A sentencing date has not been set.

            After Kubisty’s arrest, Jacobs feared Kubisty would testify against him and on June 1, 2012, he arranged a meeting with a man he believed he could hire to murder Kubisty in order to prevent Kubisty’s testimony.  During the meeting, Jacobs offered to pay the hit-man $12,000.00 for Kubisty’s murder.  ATF was monitoring the meeting and arrested Jacobs at the scene.  On Dec. 18, 2012 Jacobs pleaded guilty to attempted arson and solicitation of murder for hire.  He faces up to 20 years in federal prison for each charge.  A sentencing date has not been set.  

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.

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TYLER, Texas – A 45-year-old Carthage, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas announced U.S. Attorney John M. Bales today.

                Kevie Lenn Johnson pleaded guilty on June 14, 2012 to possession of a stolen firearm and was sentenced to 100 months in federal prison today by U.S. District Judge Leonard Davis.

According to information presented in court, on Jan. 26, 2012, Johnson took a .22 caliber rifle from a Carthage, Texas residence without consent of the owner.  Further investigation revealed Johnson was a convicted felon, having previously been found guilty of multiple felony crimes including possession of crack cocaine, burglary of a habitation, and robbery.  Federal law prohibits the possession of stolen firearms and further prohibits convicted felons from owning or possessing firearms or ammunition.  Johnson was indicted by a federal grand jury on Feb. 1, 2012 and charged with federal firearms violations.
This case is being prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case was investigated by the ATF and the Carthage Police Department and prosecuted by Assistant U.S. Attorney Jim Noble.

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BEAUMONT, Texas – A 46-year-old Clinton, NC man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Enar David Zuniga pleaded guilty on Aug. 29, 2012, to possession with intent to distribute more than 100 kilograms of marijuana and was sentenced to 60 months in federal prison today by U.S. District Judge Ron Clark.

            According to information presented in court, on June 18, 2012, Zuniga was stopped by a Texas Highway Patrol trooper in Jasper County, Texas for a seatbelt violation.  During the stop, Zuniga appeared nervous and his answers to the trooper’s questions were suspicious.  Zuniga opened the back of the Isuzu truck and gave the trooper permission to search the vehicle’s contents.  The trooper inspected the front of the truck and suspected a hidden compartment.  A K-9 unit arrived and alerted to the back of the truck where 1,064 pounds of marijuana was discovered.  Zuniga was indicted on June 21, 2012 and charged with federal drug trafficking crimes.

            This case was investigated by Texas Department of Public Safety and the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Baylor Wortham.

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PLANO, Texas –A federal grand jury returned multiple indictments today charging individuals with separate federal crimes in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

            Tuan Truong, of Plano, Texas, has been indicted for possession with intent to distribute marijuana.  If convicted, he faces up to 40 years in federal prison.  This case is being investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Stevan A. Buys.

            Vincente Botello-Segundo, 31, of Dallas, has been indicted for illegally entering the United States after having been deported and possession of a firearm by an illegal alien.  If convicted, he faces up to 10 years in federal prison and deportation.  This case is being investigated by ICE/HSI and prosecuted by Assistant U.S. Attorney Stevan A. Buys.

           
A grand jury indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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TYLER, Texas – A 43-year-old Mesquite, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today. 

Harold Dickens pleaded guilty on Mar. 19, 2012 to conspiracy to possess with intent to distribute methamphetamine and was sentenced to 210 months in federal prison today by U.S. District Judge Leonard Davis.

According to information presented in court, up until May of 2011, Dickens conspired with others to acquire methamphetamine for distribution in East Texas.  Dickens admitted that he was responsible for the distribution of more than 150 grams of pure methamphetamine in the Eastern District of Texas.  Dickens and six others were indicted on Nov. 2, 2011 and charged with drug trafficking offenses.  Matthew Dean Willis was sentenced to 15 months in federal prison on June 12, 2012.  David Christopher Wheeler and Raelene Dawn Ferguson were each sentenced to 46 months in federal prison on July 16, 2012.  Terri Rhea Young was sentenced to 24 months in federal prison on July 23, 2012.  One additional co-defendant is awaiting sentencing. 

This case was investigated by the Drug Enforcement Administration, the Rusk County Sheriff’s Office, and the Kilgore Police Department and prosecuted by Assistant U.S. Attorney Bill Baldwin.

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BEAUMONT, Texas – A 44-year-old Alto, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Kerry Wayne Griffin pleaded guilty on Aug. 29, 2012, to conspiracy to posses with intent to distribute over 15 kilograms or more of cocaine and was sentenced to 240 months in federal prison today by U.S. District Judge Ron Clark.

                According to information presented in court, from 2008 to June 20, 2012, Donald Dixon, a.k.a. “Black”, Cedrick Fowler, a.k.a. “C” and “C-Murder”, Kerry Wayne Griffin, a.k.a. “Big Boy”, Omar Paunetto, Jose Angel Bustillos, Michael John Pereira, Rodney Stevenson, a.k.a. “Arod”, Darius Thorn, a.k.a. “Bs” and “Beez”, Tremaine Smith and Anthony Fowler conspired to traffic cocaine and crack cocaine throughout East Texas. 

                Griffin's role in the organization was to acquire powder cocaine from Dixon, and then redistribute the cocaine and cocaine base through others.  Griffin and Thacker first began obtaining cocaine from Dixon in 2008, and in 2009 Griffin became the source of supply for C. Fowler.  C. Fowler utilized the assistance of Stevenson, Thorn, A. Fowler, and Smith in the subsequent distribution of cocaine and cocaine base.  Federal agents learned of the drug trafficking activity and conducted an extensive investigation of Griffin and his associates.  On May 25, 2012, investigators executed an arrest and search warrant at Griffin’s residence and seized approximately $18,450 in cash as well as three firearms.

                On June 20, 2012, a federal grand jury returned a 10-count indictment charging 10 defendants, including Griffin, with drug trafficking violations. 

                This case is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. 

                This case was investigated by the Drug Enforcement Administration, the Nacogdoches Police Department, and the Nacogdoches County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Baylor Wortham.

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TYLER, TX – United States Attorney John M. Bales announced today that
Frankie Darrell Durant a 50 year old Athens, Texas man, pleaded guilty to being a felon in possession of a firearm during a hearing before United States Magistrate Judith K. Guthrie.

            On September 12, 2012, Durantwasindicted by a federal grand jury on a 1 count indictment.  According to information presented in court, on or about July 26, 2011, Durant possessed three firearms in Smith County, Texas. The firearms were located in a storage room that was rented by Durant.  Durant also admitted that the he previously had been convicted of possession of a controlled substance, a felony offense, in 2007.

            Durantfaces no more than 10 years in prison, a $250,000 fine, and a term of not more than 3 years of supervised release. A sentencing date has not been scheduled.

            This case is being investigated by the Department of Public Safety and it is being prosecuted by Assistant United States Attorney Mary Ann Cozby.

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SHERMAN, Texas – Two Collin County, Texas men, including the former mayor of the city of Melissa, have pleaded guilty in connection with a bribery scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales. 
             
David E. Dorman, 66, of Melissa, Texas, pleaded guilty to an Information charging him with mail fraud today before U.S. Magistrate Judge Amos Mazzant.  John Christie, 65, of Frisco, Texas, pleaded guilty to misprision of a felony on Jan. 4, 2013, before Judge Mazzant. 

According to information presented in court, in 2007, Dorman, then mayor of the city of Melissa, solicited a $70,000 bribe from Christie in exchange for arranging for the city of Melissa to annex a portion of land from the city of McKinney, Texas, in order for Christie to develop and sell the land to potential customers.  Based on a letter from Dorman, the cities of Melissa and McKinney approved the annexation and in exchange, Christie made one $10,000 cash payment and two $10,000 payments by check to Dorman.  The men were initially named in an indictment returned by a federal grand jury on Sep. 12, 2012. 

Dorman faces up to 20 years in federal prison.  Christie faces up to three years in federal prison for his role in the scheme.  Sentencing dates have not been set.

This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Shamoil T. Shipchandler.

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BEAUMONT, Texas – A 47-year-old Beaumont, Texas man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
 
Charles Wilburn Odom pleaded guilty on Aug. 7, 2012 to possession of child pornography and was sentenced to 87 months in federal prison today by U.S. District Judge Marcia Crone.

According to information presented in court, on Oct. 28, 2010, federal officials conducted a search warrant at Odom’s residence in Beaumont, Texas.  Several computers and digital storage were seized during the search and found to contain more than 140 videos and more than 79 images of child pornography.  Some of the material would be considered sadistic or masochistic and some depicted prepubescent children under the age of 12.  Odom was indicted by a federal grand jury on May 16, 2012.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by ICE/HSI, Beaumont Police Department, and Jefferson County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice. 

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TYLER, Texas – A 33-year-old Tyler, Texas man has pleaded guilty to stealing government property in the Eastern District of Texas, announced U.S. Attorney John M. Bales.

Raymond Kyle Welsh pleaded guilty to an Information charging him with theft of government property today before U.S. Magistrate Judge Judith K. Guthrie.

According to information presented in court, from January 2003 to September 2010, Welsh concealed and failed to disclose his financial resources and income in order to receive Social Security and Medicaid benefits.  Welsh stole approximately $26,588.00 from the Social Security Administration in the form of Social Security Supplemental Income (SSI) payments and $213,981.19 from the Department of Health and Human Services in the form of Medicaid benefits.  Welsh admitted that he knew he was not entitled to the benefits and that they belonged to the United States government. 

Welsh faces up to 10 years in federal prison, restitution of $240,569.19 and forfeiture of $26,588.00 at sentencing.  A sentencing date has not been set.

            This case is being investigated by the Social Security Administration and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.

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BEAUMONT, Texas – A 33-year-old Port Arthur, Texas man has been sentenced to federal prison in a carjacking case as a result of Operation Time Machine in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

                Luan Van Nguyen, aka, Kevin Nguyen, was found guilty by a jury on Aug. 2, 2012, of carjacking, conspiracy to commit carjacking, and possession of a firearm in furtherance of a violent crime.  Nguyen was sentenced to 330 months in federal prison today by U.S. District Judge Thad Heartfield. 

According to information presented in court, from July 16, 2010 to Aug. 6, 2010, Nguyen conspired with two fellow Port Arthur men, Patrick Allen Chaney and Rigoberto Gaytan Valenzia, to kidnap a 24-year-old Port Arthur man and hold him for ransom.  Chaney and Valenzia had both previously performed construction work for Nguyen, who was a construction contractor.   Nguyen approached Chaney and Valenzia and asked them to help kidnap the victim and promised to share a portion of the ransom proceeds, which was to be paid by the victim's family.  Prior to the kidnapping, Chaney, Valenzia, and Nguyen traveled together on one or more occasions to conduct surveillance on the victim and the victim's family.  Nguyen was a friend of the victim’s family and knew that the victim had a job doing computer repair work.  Nguyen’s plan was to lure the victim to an vacant house in Port Arthur by having Chaney make a fictitious service call for computer repair.  On Aug. 5, 2010, at approximately 6:30 p.m., Chaney, using the alias "Gary Underwood," called the victim on his cell phone and asked the victim to fix a computer. 

On Aug. 6, 2010, from approximately 1:00 p.m. to 3:00 p.m., Chaney, using the same alias, "Gary Underwood," made multiple phone calls to the victim's cell phone and the victim’s employer, specifically requesting that the victim be sent to do the computer repair.  Chaney instructed the victim to meet him at 3748 Proctor Street in Port Arthur, in order to pick up the computer.  At approximately 3:00 p.m., Chaney met the victim at 3748 Proctor Street and was able to lure him into the house.  Upon entering the house, Valenzia confronted the victim with a short-barreled shotgun and told the victim to lay face down on the floor and not to move or else he would shoot the victim.  Chaney proceeded to blind-fold the victim and bound the victim's hands with duct tape. Valenzia and Chaney then put the victim into Valenzia’s van, bound his feet with duct tape, and then removed the victim’s car keys and cell phone.  Chaney took the victim's car which was parked in the driveway.  Nguyen drove up to the residence and instructed Chaney to follow Nguyen in the victim's vehicle while Valenzia transported the victim.  Chaney and Nguyen then abandoned the victim’s vehicle behind a business on 8th Street and 9th Avenue in order to conceal the location of the kidnaping from law enforcement.

Valenzia took a large knife and placed it against the victim's neck and leg, and told the victim that he would cut him if he moved.  Valenzia left the residence in his van with the victim still bound in the back and planned to take the victim back to his apartment.  While in route, the victim was able to maneuver to the front of the vehicle and lodge himself against Valenzia and the inside wall of the van.  Valenzia choked the victim with his hands in order to try and regain control over him.  After a brief struggle, Valenzia stopped the vehicle and opened the driver's side door in order to free himself.  Once the door was opened, the victim fell out of the vehicle, managed to free one of his legs, and was able to run to a nearby business for help.  A passing motorist observed the victim escaping from the vehicle and called Port Arthur Police.  Valenzia left the scene and then called Nguyen on his cell phone and informed him that the victim had escaped.  Valenzia attempted to flee in the van, but was later apprehended by Port Arthur Police officers.  Port Arthur Police recovered the shotgun used in the kidnapping and carjacking.  Chaney voluntarily surrendered to Port Arthur Police on Aug. 13, 2010.  A federal grand jury returned an indictment on Sep. 8, 2010, charging Valenzia, Nguyen, and Chaney with federal violations.

The evidence at trial showed that Nguyen fled Port Arthur on Aug. 16, 2010 after he learned federal investigators were investigating him for his role in the kidnaping and carjacking.  He was at large for over a year, and was eventually arrested in Houston, Texas on Dec. 14, 2011.

Phone records showed that Nguyen repeatedly called Chaney and Valenzia on the day of the kidnaping and carjacking, and instructed them on how to carry out the crime.

This case was prosecuted as part of Project Safe Neighborhoods' Operation Time Machine program in partnership with the Jefferson County District Attorney’s Office.  Operation Time Machine is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in Port Arthur, Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

Chaney pleaded guilty to carjacking and was sentenced on Aug. 9, 2011, to 97 months in federal prison.  Valenzia pleaded guilty to carjacking and was sentenced on Apr. 20, 2011 to 116 months in federal prison. Chaney and Valenzia were also convicted of state charges for aggravated kidnapping and were both sentenced to 5 years in the Texas Department of Corrections. During sentencing, Judge Heartfield referred to Nguyen as the “puppeteer” and his co-defendants as the “puppets” in this scheme.

This case was investigated by the Port Arthur Police Department and the ATF and prosecuted by Assistant U.S. Attorney Baylor Wortham and Assistant U.S. Attorney John Ross.