Northern District of West Virginia
Press releases recorded for this federal judicial district.
Westover Resident Sentenced for Failure to Register as Sex OffenderRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 33 year old West over, West Virginia, resident was sentenced on March 6, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: KEITH A. VALENTINE was sentenced to 21 months imprisonment to be followed by six years of supervised release. VALENTINE entered a plea of guilty on November 7, 2012, to Failure to Register and Update Registration as a Sex Offender from April of 2011 to June 27, 2012. VALENTINE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney David J. Perri and investigated by the United States Marshals Service.
Washington, D.C. Resident Convicted on Drug ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — A 37 year old Washington, D.C. resident was convicted on March 8, 2012, by a Martinsburg jury on four counts. The trial lasted three days, concluding late afternoon Friday afternoon. Judge Gina M. Groh presided over the trial.
United States Attorney William J. Ihlenfeld, II, announced that: TERRENCE JOHNSON a/k/a “FREAK,” was convicted on two counts of “Distribution of Cocaine Base,” one count of “Possession with Intent to Distribute More than 28 Grams of Cocaine Base,” and one count of “Possession with Intent to Distribute Heroin.”
JOHNSON, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine on the two counts of distribution of cocaine base and the one count of possession with intent to distribute heroin; and, at least 5 and up to 40 years imprisonment and a $5,000,000 fine for the possession with intent to distribute more than 28 grams of cocaine base.
This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Philadelphia Resident Sentenced on Cocaine ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — A 25 year old Philadelphia, Pennsylvania resident, who formerly lived in Morgantown, West Virginia, was sentenced on March 5, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: THOMAS WILLIAMS was sentenced to 27 months imprisonment to be followed by three years of supervised release. WILLIAMS entered a plea of guilty on November 5, 2012, to one count of “Possession with Intent to Distribute Cocaine Hydrochloride” on March 3, 2010, at the Travel Lodge in Harrison County. WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the Greater Harrison County Drug Task Force, consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the United States Marshals Service.
Federal Grand Jury Returns Five IndictmentsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — Eight individuals were named in five
Indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on March
5, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: ZSA ZSA DEE FIELDS, age 44, of Detroit, Michigan, was named in a two-count
Indictment charging her with “Introduction of a Prohibited Object - Marijuana” and “False Writing and Representation.” The Indictment alleges that on December 17, 2011, FIELDS provided marijuana to an inmate at FCI Gilmer and completed the “Notification to Visitor” form by stating that she was not in possession of marijuana on that date. If convicted, FIELDS faces up to 5 years imprisonment and a $250,000 fine on each count. This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Special Investigative Services at FCI Gilmer.TERRELL C. MCQUEEN, age 29 and IMANI NOKIA WALKER, age 24, of Brooklyn, New York, were named in an eight-count Indictment. Count One charges MCQUEEN and WALKER with “Conspiracy to Utter Counterfeit Bills” from January 20, 2012, to February
13, 2012, in Morgantown, West Virginia. Counts Two through Six charge MCQUEEN and WALKER with “Uttering Counterfeit Bills” on January 30, 2012, at Barnes and Noble; on January 30, 2012 and February 4, 2012, at Lowes; on February 4, 2012, at Super K-Mart and Lowes in Morgantown, and on February 13, 2012, at Kroger’s. Counts Seven and Eight charge MCQUEEN with “Uttering Counterfeit Bills” on February 4, 2012, at Best Buy and on February 4, 2012, at Wal-Mart. If convicted, MCQUEEN and WALKER face up to 5 years imprisonment and a $250,000 fine on Count One and up to 20 years imprisonment and a
$250,000 file on each of Counts Two through Eight. This case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the United States Secret Service.JOHN HARLOW, age 46, of Clarksburg, was named in a one-count Indictment charging him with “Possession of a Firearm by a Convicted Felon.” The Indictment alleges that on February 13, 2012, HARLOW possessed a Marlin Rifle after having been convicted three separate times in United States District Court for distribution of cocaine base, distribution of heroin and interstate transportation in aid of racketeering. If convicted, HARLOW faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
CHARLES ADKINS, age 53, of Erie, Pennsylvania, was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from November 3, 2012, to January 15, 2013, ADKINS knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, ADKINS faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by the United States Marshals Service.
ERIC SCOTT BAKER, age 33, MEGAN EILEEN DUNIGAN, age 25 and ROBERT ALLEN HILL, age 24, of Clarksburg, were named in a three-count Indictment. Count One charges BAKER and DUNIGAN with “Conspiracy to Distribute Heroin” from January of
2013 to February 8, 2013, in Clarksburg. Count Two charges BAKER and DUNIGAN with “Possession with Intent to Distribute Heroin” on February 8, 2013, in Clarksburg. Count Three charges BARKER, DUNIGAN and HILL with “Maintaining a Drug-Involved Premise” on February 8, 2013, in Clarksburg. The indictment also seeks the forfeiture of $1,505 in United States currency seized from Barker’s residence on February 8. If convicted, BAKER, DUNIGAN and HILL face up to 20 years imprisonment and a $1,000,000 fine on each of Counts One and Two and up to 20 years imprisonment and a $500,000 fine on Count Three. This case was investigated by the Greater Harrison County Drug Task Force, consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the United States Marshals Service.These three cases will be prosecuted by Criminal Chief Shawn A. Morgan.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Seven Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - Seven individuals were sentenced on March 4,
2013, in United States District Court in Martinsburg by Judge Gina M. Groh.United States Attorney William J. Ihlenfeld, II, announced that:
ASHLEY DAWN KING, age 28, of Martinsburg, was sentenced to 60 months imprisonment to be followed by four years of supervised release. KING entered a plea of guilty on November 14, 2012, to “Possession with Intent to Distribute 29.8 Grams of Crack Cocaine” on October 7, 2011, in Martinsburg. KING, who is free on bond, will self-report to the designated Federal institution on April 8, 2013.
The case was prosecuted by Assistant United States Attorney Jarod Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
RYAN LAMBERT BARNES, age 31, of Augusta, West Virginia, was sentenced to 5 years probation. BARNES entered a plea of guilty on November 27, 2012, to “Knowing Transfer of a Short-Barreled Shotgun” on August 30, 2011, in Hampshire County. BARNES knowingly transferred a Relevation shot gun with no serial number to a confidential informant for $100. Conversation during the transaction revealed that BARNES knew the shot gun was too short and not registered.
This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Hampshire County Sheriff’s Department.
DONALD NELSON DAVEY, II, age 34, of Burlington, West Virginia, was sentenced to 37 months imprisonment to be followed by three years of supervised release. DAVEY entered a plea of guilty on October 10, 2012, to “Felon in Possession of Ammunition” on April
9, 2012. DAVEY, having previously been convicted of Possession of Counterfeit Securities in the Northern District of West Virginia District Court, knowingly possessed 20 Remington pellet shells and one Remington 20 gauge slug. DAVEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.The case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the United States Probation office and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
CARLOS GAUSE, age 38, of Wilmington, North Carolina, was sentenced to 46 months imprisonment to be followed by three years of supervised release. GAUSE entered a plea of guilty on November 28, 2012, to “Use of a Counterfeit Access Device” on March 14, 2010, at the Hollywood Casino in Charles Town, West Virginia, when GAUSE presented photographic identification along with a counterfeit credit card in order to obtain a cash advance of $1,000. GAUSE also recruited others from North Carolina and New York and provided them counterfeit credit cards to similarly obtain money from the casino in Charles Town and another casino in Dover, Delaware. GAUSE was also ordered to make restitution in the amount of $155,300. GAUSE, who is on bond, will self-report to the designated Federal institution.
TITUS LAVELL LEE, age 39-year old Wilmington, North Carolina, was sentenced to
30 months imprisonment to be followed by three years of supervised release. LEE entered a plea of guilty on November 29, 2012, to “Use of a Counterfeit Access Device” at the Hollywood Casino in Charles Town when LEE, in 2010, presented photographic identification along with a counterfeit credit card in order to obtain a cash advance of $1,000. LEE was also ordered to make restitution in the amount of $27,500. LEE, who is on bond, will self-report to the designated Federal institution.DWAYNE FLEMING, age 36, of Brooklyn, New York, was sentenced to 21 months imprisonment to be followed by three years of supervised release. FLEMING entered a plea of guilty on November 28, 2012, to “Use of a Counterfeit Access Device” on April 3, 2010, at the Hollywood Casino in Charles Town, West Virginia, when FLEMING presented photographic identification along with a counterfeit credit card in order to obtain a cash advance of $1,000. FLEMING was also ordered to make restitution in the amount of $27,700. FLEMING, who is on bond, will self-report to the designated Federal institution.
TERICKA GRADY, age 36, of Castle Hayne, North Carolina, was sentenced to 5 years probation. GRADY entered a plea of guilty on November 29, 2012, to “Use of a Counterfeit Access Device” on April 4, 2010, at the casino in Charles Town, West Virginia, when GRADY presented photographic identification, along with a counterfeit credit card in order to obtain a cash advance of $1,000. GRADY was ordered to make restitution in the amount of $10,000.
The case was prosecuted by Assistant United States Attorney Andrew R. Cogar and former Assistant United States Attorney Thomas O. Mucklow and was investigated by the West Virginia State Police and United States Secret Service.
Three Family Members and Associate Sentenced for Moundsville Pill RingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - Chief Judge John Preston Bailey sentenced four members of a Moundsville pill conspiracy last week, including three family members, in United States District Court in Wheeling.
United States Attorney William J. Ihlenfeld, II, announced that:
Two of the defendants who were brothers, Carl William Goddard Jr., age 49, and John Harvey Goddard Sr., age 47, both of Moundsville, were sentenced to 46 and 21 months respectively for their December pleas of guilty to “Conspiracy to Distribute Schedule II pills.” The other defendants were John Harvey Goddard Jr., age 26 of Moundsville, and Roy C. Crow, age 27, of New Martinsville, who received sentences of 15 and 21 months for their pleas to “Distribution of Oxycodone.” John Jr.’s federal sentence is not to start until he completes a state 1 -10 year sentence for parole violation. Each of the defendants are also subject to a 3 year term of supervised release after their release from prison.
The convictions are the result of part of a multi-agency investigation by the Marshall County Drug Task Force, the West Virginia State Police, and DEA into drug distribution from the Goddard’s residence in Moundsville. During the investigation 13 controlled buys of pills were made of oxycodone and morphine, the majority of which occurred from the residence, culminating in the execution of federal search warrants in October, 2012. Evidence from the investigation revealed the group was responsible for distributing at least 500 oxycodone pills.
As part of the pleas, the residence is being forfeited along with $2,280 in drug proceeds seized during the search warrant execution.
All 4 defendants were remanded to the United States Marshall’s custody. A trial remains set in June for the remaining defendant, another family member.
This case was prosecuted by Assistant United States Attorney John C. Parr.
Washington, DC Resident Enters Plea of Guilty in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — A 38 year old Washington, DC, resident entered a plea of guilty on February 27, 2013, in United States District Court before Judge Gina M. Groh.
United States Attorney William J. Ihlenfeld, II announced that: BRIAN CLIFTON JACKSON, who was in the second day of a jury trial for “Conspiracy to Distribute Heroin and Cocaine Hydrochloride” entered a plea of guilty to “Use of a Communication Facility in Furtherance of a Drug Transaction.” JACKSON is charged with using the public telephone system on May 12, 2011, to facilitate the distribution of heroin in Berkeley County, West Virginia. JACKSON, who is in custody pending sentencing, faces up to 8 years imprisonment and a $250,000 fine. JACKSON’s penalties are enhanced due to his prior convictions in 1991 and 1994 for possession with intent to distribute cocaine in Prince George’s County, Maryland.
This case was prosecuted by Assistant United States Attorneys Jarod Douglas and Stephen Warner and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Six Individuals Sentenced During the Month of February for Federal Supervised Release or Probation ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of February, 2013, six individuals had their supervised release or probation revoked for violating terms and conditions imposed by the United States District Court.
MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
WILLIAM ODELL MANN, age 30, of Hedgesville, West Virginia, was sentenced to 18 months imprisonment for testing positive for the use of narcotics, public intoxication, false statements to his probation officer, flight from prosecution and reckless endangerment. MANN was originally sentenced on November 19, 2007, to 51 months imprisonment and 3 years of supervised release for the distribution of cocaine base. MANN was remanded to the custody of the United States Marshal pending designation to a Federal institution.ANTHONY KEES, age 38, of Westminister Road, Maryland, was sentenced to 18 months imprisonment to be followed by 36 months of supervised release for testing positive for the use of morphine and false statements to his probation officer. KEES was originally sentenced on July 29, 2010, to 60 months probation for the distribution of cocaine base. KEES was remanded to the custody of the United States Marshal pending designation to a Federal institution.
CHARLES GREGORY STICKELL, age 35, of Martinsburg, West Virginia, was sentenced to 12 months imprisonment to be followed by 60 months of supervised release for testing positive for the use of narcotics and false statements to his probation officer. STICKELL was originally sentenced on July 21, 2010, to 30 months imprisonment and six years of supervised release for the distribution of heroin within 1,000 feet of a school. STICKELL was remanded to the custody of the United States Marshal pending designation to a Federal institution.JAMES ANTHONY SHELTON, age 43, of Kearneysville, West Virginia, was sentenced to 6 months imprisonment to be followed by 30 months of supervised release for driving without a driver’s license, domestic violence, false statements to his probation officer and public intoxication. SHELTON was originally sentenced on February 24, 2009, to 77 months imprisonment to be followed by 3 years of supervised release. On November 1, 2011, SHELTON’s sentence was reduced to 41 months imprisonment pursuant to the crack re- sentencing guidelines. SHELTON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
GERALD GIBBS, age 24, of Martinsburg, was sentenced to 5 months imprisonment to be followed by 48 months of supervised release for testing positive for the use of marijuana. GIBBS was originally sentenced on July 30, 2010, to 60 months imprisonment and 48 months of supervised release for the distribution of cocaine base. On November 1, 2011, GIBB’s sentence was reduced to 37 months imprisonment pursuant to the crack re-sentencing guidelines. GIBBS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ADRIAN VANLEEN, age 89, of Berkeley Springs, West Virginia, was sentenced to 3 months imprisonment to be followed by 3 years of supervised release for failure to register as a sex offender and traveling without permission of his probation officer. VANLEEN was originally sentenced on May 19, 2008, to 46 months imprisonment and 3 years of supervised release for transportation of obscene matter. VANLEEN, who is free on bond, will self-report to the designated Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Two Wheeling Residents Convicted of Firearms ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - Two Wheeling, West Virginia, residents entered pleas of guilty last week in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that WILLIAM “CHAZ” CRISWELL, age 29 and ERICA MORRIS HERCULES, age 29, each entered a plea of guilty to “Aiding and Abetting a Prohibited Person in the Possession of a Firearm.”
CRISWELL had previously been convicted in the Circuit Court of Ohio County of the felony offense of “Burglary,” and HERCULES had previously been convicted in the Circuit Court of Ohio County of the felony offense of “Uttering.” Both admitted to knowingly assisting one another in the possession of a Winchester Rifle and of a Conbray Leinad pistol on June 20, 2011, in Ohio County.
CRISWELL, who is free on bond pending sentencing, and HERCULES, who is in custody pending sentencing, each face up to 10 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives along with the Wheeling Police Department.
Two Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - Two individuals entered pleas of guilty in United States District Court in Martinsburg on February 21, 2013, before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II, announced that:
PAULA S. HIGH, age 55, of Virginia Beach, Virginia, entered a plea of guilty to “Acquiring, Obtaining, and Possessing Controlled Substances by Mispresentation, Fraud, Forgery and Deception,” on March 9, 2009. HIGH, while a Registered Nurse assigned to the ER of the Department of Veterans Affairs, VA Medical Center, in Martinsburg, acquired controlled substances using an account assigned and authorized to her through her employment. However, instead of administering the medication to a patient, HIGH kept the controlled substances for personal use. HIGH, who is on bond pending sentencing, faces up to 4 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Andrew R.Cogar and investigated by the U.S. Department of Veterans Affairs/Office of Inspector General.
COREY HASSAN MITCHELL, age 42, of Falling Waters, West Virginia, entered a plea of guilty to “Distribution of Crack Cocaine.” MITCHELL, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
This case was investigated by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department
Two Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - Two individuals entered pleas of guilty last week in United States District Court in Martinsburg, before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II, announced that:
WILLIAM LAWRENCE, age 64, of Shepherdstown, West Virginia, entered a plea of guilty to “Sale of a Firearm to a Prohibited Person.” On July 1, 2012, LAWRENCE sold a pistol and magazine to an individual knowing that the individual had been convicted of a felony offense and was prohibited from possessing a firearm. LAWRENCE, who is free on bond pending sentencing, face up to 10 years imprisonment and a $250,000 fine.
This case was prosecuted by Assistant United States Attorney Jarod Douglas and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
JUAN MARRON-CERDA, age 33, entered a plea of guilty to “Re-Entry by a Removed Alien.” On May 7, 2012, MARRON-CERDA was found in the Berkeley County, West Virginia, after having been removed in March of 2008, and had not received consent to reapply for admission to the United States. MARRON-CERDA, who is in custody pending sentencing, faces up to two years imprisonment, a $250,000 fine and deportation.
This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
Three Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — Three individuals entered pleas of guilty on February 25, 2013, in United States District Court in Martinsburg before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II announced that:
ISMAIL OMARA, age 34, formerly of Wallingford, Pennsylvania, entered a plea of guilty to “Bank Fraud.” Between March 16 and April 15, 2011, OMARA utilized a mobile telephone app that the USAA Federal Savings Bank offers to allow customers to make deposits from their mobile phone using scanner technology, to deposit ten checks totaling $27,530 from a bank account in which OMARA had nearly no money. After making the deposits to the USAA Federal Savings Bank account, OMARA immediately withdrew the funds via ATM withdrawals at casinos in Atlantic City, New Jersey, and Charles Town, West Virginia. As part of his plea, OMARA will make restitution to USAA for the total loss of $25,152.32. OMARA, who is free on bond pending sentencing, faces up to 30 years imprisonment and a
$1,000,000 fine. This case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the United States Secret Service.VAUGHAN J. HENRY, age 27, of Kearneysville, West Virginia, enter a plea of guilty to “Possession with Intent to Distribute Crack Cocaine” in Martinsburg. HENRY, who is in custody pending sentencing, faces a maximum exposure of 20 years imprisonment and a
$1,000,000 fine. This case was prosecuted by First Assistant United States Attorney Betsy C. Jividen and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.CARLOS VINCENT RIVERA, age 43, of Martinsburg, entered a plea of guilty to “Felon in Possession of a Firearm.” On June 21, 2012, RIVERA possessed a firearm despite having a prior felony convictions for possession of cocaine and aggravated robbery. RIVERA, who is in custody, pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department.
Maryland Resident Sentenced to More Than 21 Years Imprisonment for Distribution of Crack Cocaine Within 1,000 Feet of an Elementary SchoolRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — A 37-year old Baltimore, Maryland, resident was sentenced on February 25, 2013, in United States District Court in Martinsburg by Judge Gina M. Groh.
United States Attorney William J. Ihlenfeld, II announced that: KEVIN EDWARD MOSES was sentenced to 262 months imprisonment to be followed by 6 years of supervised release. MOSES entered a plea of guilty on April 16, 2012, to one count of distribution of crack cocaine within 1,000 feet of Winchester Avenue Elementary School in Martinsburg, West Virginia. MOSES was part of a Baltimore-Martinsburg conspiracy which distributed heroin and crack cocaine in the Martinsburg area between 2008 and 2011. As part of his plea, MOSES admitted to distributing 211 grams of crack cocaine and 127 grams of heroin as part of his drug activity. MOSES’ sentence was enhanced because of his leadership role, use of a minor, and distributing drugs within 1,000 feet of protected locations. MOSES, who was remanded to the custody of the United States Marshal pending designation to a Federal institution, became the sixth defendant sentenced as part of the investigation conducted by the Eastern Panhandle Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
This case was prosecuted by Assistant United States Attorneys John C. Parr and Erin
K. Reisenweber.Bridgeport Business Owner Admits to Filing False Tax ReturnRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 46-year old Bridgeport, West Virginia, resident pleaded guilty to the filing a false tax return when he appeared in United States District Court in Clarksburg last week.
United States Attorney William J. Ihlenfeld, II, announced that JOHN R. MAZZA entered a plea of guilty to an Information charging him with “Filing a False Form 941 Tax Return.” By pleading guilty to the charge MAZZA admitted that in 2009 he failed to make
$18,195.51 in payroll tax deposits despite what had been indicated on the 941 Tax Return filed with the Internal Revenue Service by MAZZA.MAZZA, who conducted his business under the name of “Financial Healthcare Management” in Bridgeport, stipulated in his plea agreement that the total amount of taxes that he has failed to pay to the federal government since 2004 equals $316,518.40.
MAZZA, who is free on bond pending sentencing, faces up to three years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the Internal Revenue Service-Criminal Investigation Division.
Glen Dale Resident Sentenced on Drug ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist
February 22, 20132
FOR IMMEDIATE RELEASEWHEELING, WEST VIRGINIA - A 26-year old Glen Dale, West Virginia, resident was sentenced on February 21, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: JOSEPH “JOEY” MCDONALD was sentenced to 27 months imprisonment to be followed by six years of supervised release. MCDONALD entered a plea of guilty on January 3, 2013, “Distribution of Oxycodone within 1,000 Feet of the Glen Dale Park” on May 21, 2012. MCDONALD was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney John C. Parr and investigated by the Marshall County Sheriff’s Department, the Glen Dale Police Department and the Drug Enforcement Administration.
Speaker Bios for Project FutureRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWayne Campbell - Wayne Campbell is the President of Tyler’s Light — a non- profit organization that is helping to bring awareness to communities in Northern West Virginia about the dangers of prescription and illegal drug use. The organization is named after Wayne’s son, Tyler, who fought an addiction to prescription pain medication and died of an accidental heroin overdose in July 2011. Tyler's Light has made great strides in encouraging people who know someone struggling with an addiction to “Speak Up, Save a Life.”
Phil Bauer - Since the prescription drug related death of his youngest son, Mark, in 2004, Phil Bauer has been helping others avoid this tragic fate. He has told his son’s story and spoken about prescription drug abuse nationwide to high school students, law enforcement representatives, health care professionals, community groups, and parent groups.
Philicia Barbieri - Philicia Barbieri is a teacher who lost her job, her home and so much more when prescription medication and heroin took over her life. Philicia tells a compelling story of how her recreational use of drugs and alcohol in high school led her to a life of addiction, crime and desperation. Her story provides a first-hand insight into the dangers of drug addiction and the struggles of withdrawal and recovery.
Federal Grand Jury Returns IndictmentsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistELKINS, WEST VIRGINIA — Eight individuals were named in six Indictments returned by a federal grand jury sitting in Elkins, West Virginia, on February 20, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: BARBARA ANN SPIVA, age 47, of Elkins, was named in a 10-count indictment. Count
One charges SPIVA with “Maintaining a Drug-Involved Premise” from the Fall of 2012 to
December 29, 2012, in Randolph County for the purpose of manufacturing, storing, distributing and using methamphetamine. Count Two charges SPIVA with “Possession of Materials Used in the Manufacture of Methamphetamine” on December 29, 2012. Counts Three through Eight charge SPIVA with“Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on September 27, October 26, October 28, November 23, December 5 and December 28, 2012. Counts Nine and Ten charge SPIVA with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on November 9 and November 14, 2012. If convicted, SPIVA faces up to 20 years imprisonment and a $500,000 fine as to Count One; 10 years imprisonment and a $250,000 fine as to Count Two; and, 20 years imprisonment and a $250,000 fine as to each of Counts Three through Ten.WILLIAM TRENT RICHARDSON, age 21, of French Creek, West Virginia; KRISTIN ELAINE DYE, age 20, of Buckhannon, West Virginia; and, BRANDON EDWARD ANDERSON, age 22, of Rock Cave, West Virginia, were named in a 32-count Indictment. Count One charges RICHARDSON, DYE and ANDERSON with “Conspiracy to Distribute Methamphetamine” from February 2 to September 13, 2012, in the Northern District of West Virginia. Count Two charges RICHARDSON, DYE and ANDERSON with”Maintaining a Drug-Involved Premise” from February 2 to September 13, 2012, to manufacture, store, distribute and use methamphetamine. Count Three charges RICHARDSON and DYE with
“Possession of Material Used in the Manufacture of Methamphetamine” on September 13,
2012. Counts Four through Thirteen charge RICHARDSON with “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on February 2, February 13, February 28, March 12, April 16, April 29, May 27, May 31, June 7 and August 1, 2012. Counts Fourteen and Fifteen charge RICHARDSON with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on two occasions on June 22, 2012. Counts Sixteen through Nineteen charge DYE with “Possession of Material Used in the Manufacture of Methamphetamine” on May 28, June 13, June 20 and September 9, 2012. Counts Twenty and Twenty-One charge DYE with “Attempting to Possess
Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on June 22 and July
4, 2012. Counts Twenty-Two through Thirty-One charge ANDERSON with “Possession of
Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on February 14, April
26, May 2, May 5, June 4, June 6, June 9, June 15, July 5 and August 20, 2012. Count Thirty- Two charges ANDERSON with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on May 14, 2012. If convicted, RICHARDSON, DYE and ANDERSON face up to 20 years imprisonment and $1,000,000 fine as to Count One; 20 years imprisonment and a $500,000 fine as to Count Two; 10 years imprisonment and a fine of $250,000 as to Count Three; and 20 years imprisonment and a $250,000 as to each of Counts Four through Thirty-Two.These cases will be prosecuted by Assistant United States Attorney Stephen D. Warner and were investigated by the West Virginia State Police.
RONALD JOHN LOUK, age 30, of Churchsville, Virginia, was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from October 20 to November 21, 2012, in Huttonsville, West Virginia, LOUK knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, LOUK faces up to 10 years imprisonment and a $250,000 fine.
TIMOTHY WAYNE WALDEN, age 36, of Baltimore, Maryland, was named in a one- count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from November 12, 2012, to January 17, 2013, in Bayard, West Virginia, WALDEN knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, WALDEN faces up to 10 years imprisonment and a $250,000 fine.
These cases will be prosecuted by Assistant United States Attorney Shawn A. Morgan and were investigated by the United States Marshals Service.
JANEL PHILLIPS, age 44, of Elkins, was named in a one-count Indictment charging her with “Federal Program Fraud.” The Indictment alleges that from January of 2007 to May of 2010, PHILLIPS embezzled, obtained by fraud and intentionally misapplied property owned by the Regional Long-Term Care Ombudsman Program for Legal Aid of West Virginia. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit a money judgment of approximately $91,588 which constitutes or is derived from proceeds traceable to the offense. If convicted, PHILLIPS faces a maximum exposure of 10 years imprisonment and a fine of $250,000. This case was investigated by the Department of Health and Human Services and the Legal Services Corporation-Office of Inspector General.
KYLE HEFT, age 34, of Mahanoy City, Pennsylvania was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that on July 17, 2012, in Hillsboro, HEFT knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, HEFT faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by the United States Marshals Service.
These two cases will be prosecuted by Assistant United States Attorney Andrew R. Cogar.All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Four Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — Four individuals were sentenced on February
11, 2013, in United States District Court in Martinsburg by Judge Gina M. Groh.United States Attorney William J. Ihlenfeld, II, announced that:
JAMES EDWARD ALSTON, age 45, of Martinsburg, was sentenced to 70 months imprisonment to be followed by three years of supervised release. ALSTON entered a plea of guilty on August 15, 2012, to “Possession with Intent to Distribute Crack Cocaine in Martinsburg. ALSTON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DARNELL KEITH CAREY age 34, of Kearneysville, West Virginia, was sentenced to
33 months imprisonment to be followed by 12 years of supervised release. CAREY entered a plea of guilty on October 9, 2012, to “Distribution of Crack Cocaine within 1,000 Feet of Pikeside Transitional School.” CAREY was remanded to the custody of the United States Marshal pending designation to a Federal institution.RICHARD TAYLOR, age 42, of Bunker Hill, West Virginia, was sentenced to 24 months imprisonment to be followed by three years of supervised release. TAYLOR entered a plea of guilty on October 10, 2012, to “Distribution of Crack Cocaine” in Martinsburg, West Virginia. TAYLOR was remanded to the custody of the United States Marshal pending designation to a Federal institution.
These cases were prosecuted by Assistant United States Attorney Jarod O. Douglas and former Assistant United States Attorney Thomas O. Mucklow and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
RUSTY MARK EDWARDS, age 38, of Ridgeley, West Virginia, was sentenced to 60 months imprisonment to be followed by four years of supervised release. EDWARDS entered a plea of guilty on August 13, 2012, to “Possession with Intent to Distribute 202.7 Grams of Crack Cocaine” in Ridgeley, Mineral County, West Virginia. EDWARDS, who is free on bond, will self-report to the designated Federal institution on March 12, 2013.
This case was prosecuted by Assistant United States Attorney Jarod O. Douglas and former Assistant United States Attorney Thomas O. Mucklow and investigated by the Potomac Highlands Drug & Violent Crime Task Force (consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations); the Allegany County, Maryland, Task Force; the Washington County, Maryland, Task Force, and the FBI.
Three Individuals Enter Pleas of Guilty in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistELKINS, WEST VIRGINIA - Three individuals entered pleas of guilty on February
7, 2013, in United States District Court in Elkins before Magistrate Judge John S. Kull.United States Attorney William J. Ihlenfeld, II, announced that:
PATRICK S. CRITES, age 46, of Moorefield, West Virginia, entered a plea of guilty to one count of “Transmitting Threatening Communications in Interstate Commerce” on November 28, 2012. CRITES, who is on bond pending sentencing, faces up to five years imprisonment and a $250,000 fine. This case was prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the United States Secret Service, as the threat was made to the White House.
KELLEY LEIGH COHENOUR, age 35, and WILLIAM JOSEPH RUSSELL, age 38, of Cass, West Virginia, both entered a plea of guilty to “Possession of Material Used in the Manufacture of Methamphetamine” on April 13, 2012. COHENOUR and RUSSELL, who are on bond pending sentencing, face up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the West Virginia State Police and the Pocahontas County Sheriff’s Office.
Media AdvisoryRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistU.S. Attorney, Other Law Enforcement Leaders to Announce
Indictment in Heroin-Related Death Case
WHEELING, WEST VIRGINIA – The United States Attorney and other local
law enforcement officials will announce the unsealing of a federal indictment involving the delivery of heroin in Brooke County, West Virginia, that led to the death of a local man.
The announcement will take place on Monday, February 11, 2013, at 1:30
P.M. on the second floor of the United States Courthouse, 1125 Chapline
Street, Wheeling, WV.Any questions or inquiries regarding this press event should be directed to
Chris Zumpetta-Parr at the U.S. Attorney’s Office at 304-234-0100.Greater Harrison Task Force Takes the Lead on Drug Education in North Central West VirginiaRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistSchool Officials & Law Enforcement Join Forces to Fight Addiction, Overdoses
CLARKSBURG, WEST VIRGINIA – Law enforcement leaders and local school administrators announced a new drug education and outreach program for North Central West Virginia on Thursday known as Project FUTURE: The Right Prescription for West Virginia.
Board members from the Greater Harrison County Drug & Violent Crimes Task Force (hereinafter “Task Force”) were joined today by Harrison County School Officials in making the announcement. According to United States Attorney William J. Ihlenfeld, II, Project Future is a comprehensive strategy designed to educate parents and children about the dangers of prescribed medicine, synthetic drugs, and other illegal drugs that are plaguing communities in West Virginia.
“The goal of Project Future is for every child to live a life free from substance abuse, and we plan to achieve that goal by the aggressive enforcement of drug trafficking laws as well as by educating our youth about the dangers of drugs,” said Ihlenfeld.
Dr. Gregory Moore, Assistant Superintendent of Harrison County Schools stated: "Prescription drug abuse is the leading type of drug abuse in the state of West Virginia. Project Future will supplement the educational programs Harrison County Schools already has in place that focus on prescription and illegal drugs in order to give our school system a comprehensive approach to teach children about the dangers of drug abuse. Since prescription drugs come from a doctor, people tend to believe that they are safe. But unless those drugs have been prescribed to you -- nothing could be further from the truth."
“The Task Force has a responsibility to do more than just arrest, indict, and lock people up,” said Chief John Walker, Bridgeport, WV, Police Chief and Chairperson of the Task Force Board. “We have a duty to inform the young people of Harrison County that the choices they make on a Friday or Saturday night at a party could affect them for the rest of their lives, or could even end their lives.”
Over the next year members of the Task Force Board will visit schools in North Central West Virginia and they’ll be joined by special guest speakers with real-life experience in dealing with addiction. In addition, community awareness meetings will be held in the evenings so that parents can be fully informed and made aware of warning signs that their children may be using drugs.
The Project Future events that have already been scheduled for the area include:
February 21, 2013
9:30 A.M. - Robert C. Byrd High School (11th & 12th grades)
1:30 P.M. - Robert C. Byrd High School (9th & 10th grades)
6:00 p.m. – Community Awareness Meeting (at Robert C. Byrd High School)February 22, 2013
9:00 A.M. - Bridgeport Middle School (7th & 8th grades)
10:30 A.M. – Washington Irving Middle School (8th grade)
1:45 P.M. – Liberty High School (9th & 10th grades)March 27, 2013
Calhoun County Middle-High School (7th thru 12th grades) Gilmer County High School (7th thru 12th grades)April 9, 2013
Cameron High School (7th thru 12th grades)April 30, 2013
Tucker County High School (9th thru 12th grades)May 1, 2013
Liberty High School (11th & 12th grades)
Fairmont Senior High School (9th thru 12th grades)The dates of additional events in Marion, Monongalia, Mineral and Hampshire Counties are in the process of being finalized and will be announced in the near future.
The Project Future program has partnered with United States Senator Jay Rockefeller, who has been a leader in Congress in tackling the issues related to prescription drug abuse. Drug Free Clubs of America is also a partner with the initiative.
U.S. Attorney Ihlenfeld said that he encourages other schools and community groups that are interested in hosting a Project Future event to contact his office at 304-234-0100.
Corrected ReleaseRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFederal Grand Jury Returns Indictments
WHEELING, WEST VIRGINIA — Four individuals were named in four separate
Indictments returned by a federal grand jury sitting in Wheeling, West Virginia, on February
5, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: WILLIAM TORRES a/k/a “BILLY,” age 28, of Wheeling, was named in a one-count
Indictment charging him with “Felon in Possession of a Firearm.” The indictment alleges that TORRES possessed a firearm on December 7, 2012, in Wheeling, despite having a prior felony conviction from the New York County Supreme Court for the felony offense of “Attempted Robbery, First Degree.” In addition to pursuing a felony charge the United States is also seeking to forfeit the Kel-Tec, PF-9, 9mm Luger that TORRES allegedly possessed. If convicted, WILLIAMS faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by USA Ihlenfeld and Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco Firearms.JEFFREY JOSEPH OLIVER, age 25, of Wheeling, was named in a one-count Indictment charging him with “Possession of Child Pornography” on June 12, 2012, in Wheeling. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit the computer and all storage devices, including approximately 181 CDs and DVDs, a cell phone and a Playstation and memory card which were seized from OLIVER on June 12, 2012. If convicted, OLIVER faces a maximum exposure of 10 years imprisonment and a fine of $250,000. This case will be prosecuted by by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the West Virginia State Police-Bureau of Criminal
Investigations. This case is being prosecuted 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, 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.
CHARLES J. WESTBROOKS, age 47, of Paden City, West Virginia, was named in a one-count Indictment charging him with “Theft of Public Funds.” The Indictment alleges that from October of 2009 to September of 2011, WEST BROOKS unlawfully received monies from Veterans Administration Dependency and Indemnity Compensation which were intended for another. If convicted, WEST BROOKS faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Department of Veterans Affairs, Office of Inspector General- Criminal Investigation Division.
MAXIMO HERNANDEZ-PEREZ, age 26, was charged in a one-count indictment with “Re-Entry by a Removed Alien.” On November 18, 2012, HERNANDEZ-PEREZ was found in Moorefield, Hardy County, West Virginia, after having been removed in October of 2008, and had not received consent to reapply for admission to the United States. If convicted, HERNANEZ-PEREZ faces up to two years imprisonment, a $250,000 fine and deportation. This case will be prosecuted by Assistant United States David J. Perri and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Wheeling Man Convicted of Illegal Possession of A FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 28-year old Wheeling, West Virginia, resident who threatened to kill his girlfriend and others with a semi-automatic rifle was convicted this week in Federal court after a two day jury trial.
United States Attorney William J. Ihlenfeld, II announced that JORDAN L. LAUDERMILT was found guilty on Wednesday of being a “Felon in Possession of a Firearm” as a result of his use of a Ruger .22 Caliber Rifle in a domestic dispute on Justice Lane in Ohio County in February of 2011. Evidence presented at trial established that LAUDERMILT demanded a cash payment from his girlfriend and when she refused to comply he threatened to shoot her, her father, and her brother. Ohio County Sheriff’s Deputies responded to the scene and placed LAUDERMILT under arrest after surrounding the house and observing him yell out threats of harm for approximately twenty minutes.
“The deputies from Ohio County deserve tremendous praise for diffusing a very volatile situation and ensuring that no one was injured or killed,” said Ihlenfeld. “This could have turned deadly but did not thanks to the very sound tactics that were used to approach the home and to engage and arrest the suspect.”
LAUDERMILT was prohibited from possessing firearms of any kind due to his prior felony convictions for “Nighttime Burglary” in Ohio County in 2003 and for “Delivery of Heroin” in Brooke County in 2004.
LAUDERMILT, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
This case was prosecuted by U.S. Attorney Ihlenfeld and Assistant United States Attorney Randolph J. Bernard and in addition to the sheriff’s department it was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Florida Resident Sentenced in Pill ConspiracyRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - A 32 year old Deland, Florida, resident was sentenced on February 4, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr. for her role in a Florida to West Virginia pill ring.
United States Attorney William J. Ihlenfeld, II, announced that: DANA K. DEEM was sentenced to 37 months imprisonment to be followed by three years of supervised release. DEEM entered a plea of guilty on November 28, 2012, to “Conspiracy to Distribute Schedule II Controlled Substances” from March of 2012 to September 12, 2012, in Moundsville. DEEM was remanded to the custody of the United States Marshal pending designation to a Federal institution.
In a joint investigation, involving the Marshall County Sheriff’s Department, the DEA, United State Postal Service, and the West Virginia State Police, beginning in the spring of
2012, agents received information that ROUPE’s apartment in Marshall County was being used to distribute pills being brought to West Virginia from Florida typically via rental vehicles. During the investigation, two traffic stops occurred during which $5,500 in drug proceeds were seized which will be forfeited to the United States as proceeds from the drug activity.This case was prosecuted by Assistant United States Attorney John C. Parr.
Eight Individuals Sentenced During the Month of January for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of January, 2013, eight individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.
WHEELING DIVISION REVOCATIONS
(Judge Frederick P. Stamp, Jr.)
NICOLE RAE LEE, age 43, of Wheeling, was sentenced to 12 months and 1 day imprisonment for possession and use of cocaine, drug paraphernalia and alcohol and associating with a convicted felon without her probation officer’s approval. LEE was originally sentenced on March 22, 2007, to 24 months imprisonment and 6 years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. In 2008, LEE’s sentence was reduced to 18 months pursuant to the crack re-sentencing guidelines. On May 18, 2009, LEE’s supervised release was revoked for violations and she was sentenced to
7 months imprisonment and 65 months of supervised release. LEE was remanded to the custody of the United States Marshal pending designation to a Federal institution.The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorney John C. Parr.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
ANTONIO COTTINGHAM, age 26, of Fairmont, West Virginia, was sentenced to 21 months imprisonment for a charge and arrest in Marion County for conspiracy to commit a felony (delivery of crack cocaine). NOTTINGHAM was originally sentenced on May 16, 2007, to 70 months imprisonment and 3 years of supervised release for the distribution of crack cocaine and again on May 20, 2011, to 8 months imprisonment and 3 years of supervised release for escape from custody. COTTINGHAM was remanded to the custody of the United States Marshal pending designation to a Federal institution.SAMANTHA LORETTA, age 26, of Clarksburg, West Virginia, was sentenced to 18 months for testing positive for the use of narcotics and failure to notify probation officer of her arrest in Harrison County for shoplifting. LORETTA was originally sentenced on November
7, 2007, to 57 months imprisonment and 3 years of supervised release. LORETTA was remanded to the custody of the United States Marshal pending designation to a Federal institution.MATTHEW W. HAYES, age 28, of Rivesville, West Virginia, was sentenced to 6 months imprisonment to be followed by 36 months of supervised release for testing positive for the use of narcotics and failure to be truthful with his probation officer. HAYES was originally sentenced on February 28, 2011, to 3 years probation for the distribution of heroin. HAYES was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DANIEL LEE STEVENS, age 46, of Mannington, West Virginia, was sentenced to 4 months imprisonment for testing positive for the use of narcotics on two separate occasions. STEVENS was originally sentenced on September 4, 2007, to 5 years probation for being a felon in possession of a firearm. STEVENS, who is free on bond, will self-report to the designated Federal institution.
MICHAEL JOSEPH GOODWIN, age 27 of Clarksburg, West Virginia, was sentenced to 30 days imprisonment for failure to report for drug testing, failure to obtain GED during his term of supervised release and testing positive for use of opiates. GOODWIN was originally sentenced on May 9, 2008, to 27 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. GOODWIN, who is free on bond, will self-report to the designated Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorney Zelda E. Wesley, Andrew R. Cogar and Stephen D. Warner.MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
ANGELA SUE HODGE, age 37, of Kanawha County, West Virginia, was sentenced to 12 months imprisonment for falsifying a drug screen and use of narcotics. HODGE was originally sentenced on March 30, 2010, to 18 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. HODGE was remanded to the custody of the United States Marshal pending designation to a Federal institution.TIMOTHY DOUGLAS IMPERIO, age 31, of Mineral County, West Virginia, was sentenced to 6 months imprisonment to be followed by 30 months of supervised release for failure to file reports with his probation officer, failure to maintain employment, failure to notify probation officer of change in employment status; and, being untruthful to the probation officer. IMPERIO was originally sentenced on July 13, 2009, to 30 months imprisonment and 3 years of supervised release for perjury. IMPERIO was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Wheeling Resident Sentenced on Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 25 year old Wheeling, West Virginia, resident was sentenced on January 29, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: SHAWN L. BINKOWSKI was sentenced to 15 months imprisonment to be followed by three years of supervised release. BINKOWSKI entered a plea of guilty on January 3, 2013, to “Felon in Possession of a Firearm.” BINKOWSKI, having previously been convicted in the Circuit Court of Ohio County, West Virginia, of the felony offense of Grand Larceny, knowingly possessed a Bryco Arms pistol on September 16, 2012, in Wheeling. BINKOWSKI was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the United States Probation office and the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department.
Massachusetts Woman Sentenced Pursuant to Her Plea of Guilty to Traveling to West Virginia to Have Sex with A MinorRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WV – United States Attorney William J. Ihlenfeld announced that CARISSA HADS, age 25, of Quincy, Massachusetts, was sentenced on January 29, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
HADS was sentenced to 87 months imprisonment to be followed by lifetime supervision. HADS entered a plea of guilty on October 10, 2012, to “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct” on February 23, 2012, when HADS traveled from Massachusetts to North Central West Virginia to have sex with a minor. Court documents indicate that HADS posed as an 18-year old man on a social media website and also took steps to change her appearance in order to deceive the victim as to her true identity. HADS met the alleged victim online in 2010 and the two communicated for over a year before the first in-person meeting took place. HADS traveled at least three times from Massachusetts to visit the alleged victim, and was arrested at the Pittsburgh International Airport by F.B.I. agents on May 25, 2012, on one of her visits to the area. As part of her plea, HADS agreed to the forfeiture of the computer and electronic equipment seized from her and her residence.
HADS was remanded to the custody of the United States Marshal pending designation to a
Federal institution.The case was prosecuted by Assistant United States Attorney Shawn A. Morgan, Chief of the Criminal Division for the U.S. Attorney’s Office and investigated by the West Virginia Internet Crimes Against Children Task Force and the Federal Bureau of Investigation.
Brooke County Resident Enters Plea of Guilty to Mailing Threatening CommunicationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - A 42 yera old Brooke County, West Virginia, resident entered a plea of guilty on January 29, 2013, in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: JAMES W. RICHARD entered a plea of guilty to “Mailing Threatening Communications.” RICHARD, who was previously convicted in Brooke County Circuit Court of breaking and entering, domestic assault X2 and brandishing a deadly weapon, was incarcerated at the Northern Regional Jail and Correctional Center in Moundsville. On April 16, 2012, while incarcerated, RICHARD deposited and mailed a letter which contained threats to injure individuals involved in his underlying criminal convictions in Brooke County. RICHARD, who is in custody pending sentencing, faces up to 5 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the United States Postal Inspection Service.
Braxton County Resident Sentenced on Methamphetamine ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 37 year old Shock, West Virginia, resident was sentenced on January 29, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: DANIEL RAY KING was sentenced to 6 months imprisonment to be followed by two years of supervised release with the first six months of his supervised release to be served under home confinement. KING entered a plea of guilty on October 5, 2012, to “Possession of Material used in the Manufacture of Methamphetamine” on February 1, 2012, in Gilmer County, West Virginia.
KING, who is on bond, will self report to the designated Federal institution on March
4, 2013.The case was prosecuted by Assistant United States Attorney Stephen D. Warner and was investigated by the West Virginia State Police.
Anmoore Resident Enters Plea to Distribution of Crack Cocaine Within 1,000 Feet of A Protected LocationRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 60-year old Anmoore, West Virginia, resident entered a plea of guilty on January 29, 2013, in United States District Court in Clarksburg before Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: RAYMOND RITCH a/k/a “RAY” entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 feet of the Clarksburg City Park” on March 22, 2012. RITCH, who is in custody pending sentencing, faces a sentence of at least 1 and up to 40 years imprisonment and a $2,000,000 fine.
The case was prosecuted by Criminal Chief Shawn A. Moran and investigated by the
Greater Harrison County Drug and Violent Crime Task Force.Wellsburg Resident Sentenced for Use of A Stolen ATM CardRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - A 27-year old Wellsburg, West Virginia, resident was sentenced on January 28, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: LINDSEY OILER was sentenced to 4 months imprisonment to be followed by three years of supervised release and ordered to make restitution in the amount of $7,083.
OILER entered a plea of guilty on October 29, 2012, to Access Device Fraud. According to Court records, OILER stole an ATM card and proceeded to use it 42 times between July 10 and July 28, 2011, stealing $7,083. OILER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Michael D. Stein and was investigated by the Federal Bureau of Investigation.
Two Individuals Involved in Pill Ring Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - Two individuals sentenced on January 28, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr. for their roles in a Florida to West Virginia pill ring.
United States Attorney William J. Ihlenfeld, II, announced that:
JOHN T. BOWIE, III, age 39, of Longwood, Florida, was sentenced to six months imprisonment to be followed by three years of supervised release with the first six months of his supervised release to be served on home confinement. BOWIE entered a plea of guilty on November 28,2013, to “Possession with Intent to Distribute Schedule II Controlled Substances” on September 12, 2012, in Moundsville. BOWIE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
AMY M. YONTZ, age 23, of Moundsville, West Virginia, was sentenced to three months imprisonment to be followed by three years of supervised release. YONTZ entered a plea of guilty on December 6, 2012, to “Aiding and Abetting the Distribution of Oxycodone” on April 17, 2012, in Moundsville. YONTZ, was remanded back to state custody, where she is facing state charges for felony child neglect and driving under the influence.
In a joint investigation, involving the Marshall County Sheriff’s Department, the DEA, United State Postal Service, and the West Virginia State Police, beginning in the spring of
2012, agents received information that an apartment in Marshall County was being used to distribute pills being brought to West Virginia from Florida typically via rental vehicles. During the investigation, two traffic stops occurred during which $5,500 in drug proceeds were seized which will be forfeited to the United States as proceeds from the drug activity.This case was prosecuted by Assistant United States Attorney John C. Parr.
New Martinsville Resident Sentenced for Being A Convicted Felon in Possession of AmmunitionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 38 year-old New Martinsville, West Virginia, resident was sentenced on January 28, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: PAUL JASON BILLITER a/k/a “P.J.” was sentenced to 51 months imprisonment to be followed by three years of supervised release. BILLITER was convicted on October 24, 2012, following a two- day jury trial, of Possession of Ammunition on November 23, 2011, in New Martinsville after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year. BILLITER was convicted of the offenses of Burglary and Grand Larceny in the Circuit Court of Tyler County, West Virginia.
Trial evidence indicated that BILLITER illegally possessed 102 rounds of ammunition at his residence in New Martinsville.
BILLITER, who is free on bond, will self-report to the designated Federal institution on February 28, 2013.
The case was prosecuted by Assistant United States Attorney David J. Perri and investigated by the New Martinsville Police Department.
Former USP Hazelton Inmate Convicted on Obstruction and Assault ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — A 42 year old Federal inmate was convicted on January 29, 2013, by a Clarksburg jury on six counts. The trial lasted six days, concluding late afternoon Tuesday afternoon. Judge Irene M. Keeley presided over the trial.
United States Attorney William J. Ihlenfeld, II, announced that: TARVIS LEVITICUS DUNHAM, a former inmate at the United States Penitentiary in Hazelton, West Virginia, was convicted on one count of “Obstructing Justice by Retaliating Against a Witness,” and five counts of “Assaulting, Resisting and Impeding Certain Officers or Employees of the Bureau of Prisons.”
Trial evidence indicated that on June 14, 2011, DUNHAM attempted to retaliate against a case manager for producing a record and document during disciplinary proceedings conducted by the Bureau of Prisons relating to an incident that occurred on November 8, 2010. DUNHAM forcibly assaulted the case manager and when other Correctional Officers attempted to restrain DUNHAM, he forcibly assaulted them by kicking and biting them. He also refused to comply with their orders before they were able to restrain and handcuff him. DUNHAM was transferred to another United States Penitentiary that same day. A week after the incident, the staff at USP Lee recorded a telephone call between DUNHAM and his mother where DUNHAM told his mother that he “about near killed that woman.”
DUNHAM, who is in custody where he is currently serving a 318-month sentence, faces up to 89 years imprisonment and a $1,350,000 fine.
This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at USP Hazelton.
Wheeling Resident Enters Plea to Cocaine ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - A 32 year old Wheeling, West Virginia, entered a plea of guilty on January 23, 2013, in United States District Court in Wheeling before Magistrate Judge James E. Seibert.
United States Attorney William J. Ihlenfeld, II, announced that ANTON DRAKE entered a plea of guilty to “Distribution of Cocaine” on September 20, 2011, in Benwood, West Virginia. At the time of this distribution, DRAKE was on Federal supervised release and as part of his plea has admitted to violations of his supervised release and will serve a sentence of 12 months and 1 day consecutive to any sentence he receives on the current charge. DRAKE, who is on bond pending sentencing, faces up to 20 years imprisonment and a
$1,000,000 fine.The case was prosecuted by Assistant United States Attorney John C. Parr and investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration.
Elkins Resident Enters Plea of Guilty to Manufacturing MarijuanaRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistELKINS, WEST VIRGINIA - A 44 year old Elkins, West Virginia, resident entered a plea of guilty on January 18, 2013, in United States District Court in Elkins before Magistrate Judge John S. Kaull.
United States Attorney William J. Ihlenfeld, II, announced that: DANIEL RAY PHARES entered a plea of guilty to “ Manufacturing Marijuana” in Elkins. As part of his plea, PHARES has agreed to the forfeiture of $950.01 in US currency, a firearm and ammunition, which constitute proceeds obtained as a result of drug activity. PHARES, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $500,000 fine.
The case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the Elkins Police Department., Randolph County Sheriff’s Department and the West Virginia State Police.
Wheeling Man Convicted for Illegal Possession of A FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistDefendant alleged to have Fired Shot after Fight
WHEELING, WEST VIRGINIA - A Wheeling man may be headed back to federal prison after admitting to the illegal possession of a firearm as part of a shooting incident that occurred last summer.
U.S. Attorney William Ihlenfeld, II, announced that CORDALE A. WILLIAMS, 32 years old, entered a plea of guilty in federal court today to the charge of “Felon in Possession of a Firearm” resulting from an incident that occurred last June at the 7-11 convenient store on Market Street in Wheeling. WILLIAMS was recently released from prison after serving time for a federal drug trafficking conviction and was still on supervised release at the time of his latest crime.
According to testimony offered at the plea hearing this morning, Wheeling Police officers responded to a gunshot being fired after midnight on June 22, 2012, outside of the 7-11 store and upon arrival learned that WILLIAMS had been in a fight with another man over a woman. Officers learned that at some point in time during the fight WILLIAMS obtained a gun from a friend and then fired it at the person with whom he had been fighting, but failed to strike the man. WILLIAMS then chased after the man before coming came back to the 7-11 and dropping the firearm on the ground. Much of the incident was captured by a surveillance camera that was located in the area.
Due to his prior conviction for “Possession with Intent to Distribute Crack Cocaine within
1000 feet of a School” WILLIAMS was not permitted to possess a firearm.WILLIAMS faces up to ten years in prison for his conduct, as well as the possibility of additional prison time for violating the terms of his supervised release. He was remanded to the custody of the United States Marshal pending the scheduling of a sentencing hearing by Judge Frederick P. Stamp, Jr.
The case was prosecuted by U.S. Attorney Ihlenfeld and Assistant U.S. Attorney Jarod J. Douglas. It was investigated by the Wheeling Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Fairmont Resident Convicted on Child Pornography ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 67-year old Fairmont, West Virginia, resident was convicted this week after a two-day jury trial presided over by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that CLYDE BATES was convicted on one count of “Possession of Child Pornography on August 27, 2010,” in Fairmont. The evidence presented at trial indicated that BATES possessed a large number of images depicting pre-pubescent girls and boys involved in sexual acts.
As part of the conviction, BATES has to forfeit One Apple MacBook notebook computer as well as any item constituting or containing child erotica including printed-out stories describing sexual encounters involving children.
BATES, who is in custody pending sentencing, faces a maximum exposure of 10 years imprisonment and a fine of $250,000.
The case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the West Virginia State Police Crimes Against Children Unit and the Fairmont Police Department.
This case was prosecuted 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, 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.
Monongalia County Resident Sentenced on Drug and Firearms ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 27-year old Monongalia County, West Virginia, resident was sentenced on January 11, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: AARON FLEMING was sentenced to 51 months imprisonment to be followed by three years of supervised release. FLEMING entered pleas of guilty on October 4, 2012, to one count of Possession with Intent to Distribute Crack Cocaine and Possession of a Firearm by a Convicted Felon, with both offenses occurring on April 30, 2012, in Monongalia County. FLEMING was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Westover Police Department.
Wheeling Man Admits to International Firearm TraffickingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 25-year old Wheeling, West Virginia, man has admitted to acquiring firearms in the Ohio Valley and then shipping them to other countries in violation of federal law.
United States Attorney William J. Ihlenfeld, II, announced that MICHAEL STEVEN FRANK entered pleas of guilty to “Conspiracy to Export Firearms” and “Money Laundering” in the United States District Court in Wheeling. FRANK admitted in court that from February 7, 2012, to August 2, 2012, he unlawfully exported twenty-four firearms to purchasers in Canada and Israel. At least one of the foreign sales was funded through an unlawful money laundering transaction in which the buyer anonymously shipped $2,000 in currency to FRANK.
The investigation initially indicated the guns were being shipped by a man named “Jason Silvers” but the U.S. Postal Service was able to determine that the shipper was actually FRANK. It was further discovered that FRANK purchased the firearms from local gun dealers and then obliterated the serial numbers on the weapons before shipping them outside of the country in exchange for cash payments. As part of his plea, FRANK will forfeit all firearms involved in the violations as well as a money judgment of $2,000.
FRANK, who is free on bond pending sentencing, faces up to 25 years imprisonment and a fine of up to $750,000.
This case was prosecuted by Assistant United States Attorney Michael D. Stein and was investigated by the Postal Inspection Service; US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI) and the Bureau of Alcohol, Tobacco and Firearms.
Two Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - Two individuals were sentenced on January 4,
2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.United States Attorney William J. Ihlenfeld, II, announced that:
JAMES ROBERT HURST, 45, of New Milton, West Virginia, was sentenced to 60 months imprisonment to be followed by three years of supervised release. HURST enterd a plea of guilty on August 29, 2012, to “Manufacturing More than 100 Marijuana Plants” and “Possession with Intent to Distribute More than 100 Marijuana Plants,” both on August 15,
2011, in Doddridge County, West Virginia. HURST, who is free on bond, will self-report to the designated Federal institution.The case was be prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the Doddridge County Sheriff’s Department and the West Virginia State Police.
KRISTEN DAVIS, age 38, of Clarksburg, was sentenced to 27 months imprisonment to be followed by six years of supervised release. DAVIS entered a plea of guilty on September
26, 2012, to the “Distribution of Crack Cocaine within 1,000 Feet of St. Mary’s Grade School” on July 1, 2011, in Clarksburg. DAVIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.The case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Harrison County Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
Three Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — Three individuals were sentenced on January
7, 2013, in United States District Court in Martinsburg by Judge Gina M. Groh.United States Attorney William J. Ihlenfeld, II, announced that:
GREGORY LYTE, JR., age 36, of Hagerstown, Maryland, was sentenced to 87 months imprisonment to be followed by 6 years of supervised release. LYTE entered a plea of guilty on September 12, 2012, to “Distribution of Crack Cocaine” on September 30, 2011, in Martinsburg. LYTE was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the Eastern Panhandle Drug
& Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.LOREN CONSTANTINE BROWN, age 43, of Silver Springs, Maryland, was sentenced to 70 months imprisonment to be followed by 4 years of supervised release. BROWN entered a plea of guilty on September 13, 2012, to “Possession with Intent to Distribute 88.4 Grams of Crack Cocaine” on June 28, 2012, in Keyser, West Virginia. BROWN was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.
These cases were prosecuted by Assistant United States Attorney Thomas O. Mucklow.
JAMES ALBERT WOLF, age 64, of Kearneysville, West Virginia, was sentenced to 51 months imprisonment to be followed by 15 years of supervised release. WOLF entered a plea of guilty on September 13, 2012, to “Possession of Child Pornography.” During a search warrant executed on WOLF’S residence, several computers were seized which contained 30 still images and 59 video images of child pornography. WOLF, who is free on bond, will self- report to the designated Federal institution on February 11, 2013. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the West Virginia State Police.
This case was prosecuted 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, 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.
New York Woman Pleads Guilty to Casino ScamRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - A 29-year old Jamaica, New York, resident entered a plea of guilty in United States District Court in Martinsburg after fraudulently obtaining cash at the Hollywood Casino in Charles Town, West Virginia.
United States Attorney William J. Ihlenfeld, II, announced that REBECCA HILL entered a plea of guilty to “Use of a Counterfeit Access Device” at the casino in Charles Town when HILL, in 2010, presented photographic identification along with a counterfeit credit card in order to obtain a cash advance of $1,000. As part of her plea, HILL is required to make restitution in the amount of $31,000 to the casino. HILL, who is on bond pending sentencing, faces up to 10 years imprisonment and a fine of $250,000.
The case was prosecuted by Assistant United States Attorney Thomas O. Mucklow and was investigated by the West Virginia State Police and United States Secret Service.
Final Defendant in Pill Conspiracy Enters Plea of GuiltyRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - The final defendant involved in a pill conspiracy in Moundsville, West Virginia, entered a plea of guilty on January 4, 2013, before Magistrate Judge James E. Seibert.
United States Attorney William J. Ihlenfeld, II, announced that: JOHN HARVEY GODDARD, JR., age 26, entered a plea of guilty “Distribution of Oxycodone” on February
10, 2011, in Moundsville.GODDARD, who is in custody pending sentencing, face up to 20 years imprisonment and a $1,000,000 fine.
This case was prosecuted by Assistant United States Attorney John C. Parr and investigated by officers of the Moundsville Police Department, Marshall County Sheriff’s Department and the West Virginia State Police.
Federal Grand Jury Returns IndictmentsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — Five individuals were named in five Indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on January 8, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: BRIAN A. CLARKE, age 25, of Morgantown, West Virginia, was named in a three-
count Indictment charging him with “Distribution of Oxycodone” on May 2; May 16; and,
June 8, 2012, in Monongalia County. If convicted, CLARKE faces up to 20 years imprisonment and a $1,000,000 fine on each count.AUGUST TAMPOYA, age 48, of Arnettsville, West Virginia, was named in a three- count Indictment charging him one count of “Manufacturing in Excess of 100 Marijuana Plants;” one count of “Distribution of Marijuana;” and, one count of “Possession with Intent to Distribute Marijuana.” If convicted, TAMPOYA faces up at least 5 and up to 40 years imprisonment and a fine of $2,000,00 on the manufacturing charge and up to 5 years imprisonment and a fine of $250,000 on each of the distribution and possession counts.
JENNIFER NICOLE KELLEY, age 27, of Morgantown, was named in a seven-count Indictment charging her with three counts of “Distribution of Marijuana;” three counts of “Distribution of Cocaine;” and, one count of “Distribution of Marijuana within 1,000 Feet of Fairmont State University.” If convicted, KELLEY faces up to 5 years imprisonment and a
$250,000 on each of the marijuana distribution counts; up to 20 years imprisonment and a
$1,000,000 fine on each of the cocaine distribution counts; and, at least 1 and up to 10 years imprisonment and a $500,000 on the protected location (FSU) count.These three cases were investigated by the West Virginia State Police-Bureau of
Criminal Investigations.
JOSHUA NICHOLSON, age 35, of Lost Creek, West Virginia, was named in a two- count Indictment charging him with “Possession of a Firearm by a Convicted Felon” and “Possession of a Firearm with an Obliterated Serial Number.” If convicted, NICHOLSON faces up to 10 years imprisonment and $250,000 fine on each count.TIMOTHY LINGO, age 35, of Westover, West Virginia, was named in a three-count Indictment charging him with “Possession of a Firearm by a Convicted Felon;” “Possession with intent to Distribute Cocaine;” and, “Use/Carry of a Firearm in Relation to a Drug- Related Offense.” If convicted, LINGO faces up to 10 years imprisonment and a $250,000 fine on the felon in possession charge; up to 20 years imprisonment and a $1,000,000 fine on the cocaine charge; and, a mandatory 5 years imprisonment and a $250,000 fine on the firearms charge.
These two cases were investigated by the Bureau of Alcohol, Tobacco and Firearms. These five cases will be prosecuted by Assistant United States Attorney Zelda E.
Wesley.All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Maryland Resident Enters Plea to Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - A 60-year old Sharpsburg, Maryland, resident entered a plea of guilty on January 8, 2013, in United States District Court in Martinsburg before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II, announced that: WILBUR SLICK entered a plea of guilty to “Sale of a Firearm to a Prohibited Person” on August 8, 2012, in Harpers Ferry, West Virginia. SLICK, who is on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Three Individuals Enter Pleas of Guilty in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - Three individuals entered pleas of guilty on January
3, 2013, in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.United States Attorney William J. Ihlenfeld, II, announced that:
JAMIE L. JOYNER, age 35, of Deland, Florida, entered a plea of guilty to “Conspiracy to Distribute Schedule II Controlled Substances” from March of 2012 to September 12, 2012,
for his role in Florida to West Virginia pill ring. In a joint investigation, involving the Marshall County Sheriff’s Department, the Moundsville Police Department, the DEA, United State Postal Service, and the West Virginia State Police, beginning in the spring of 2012, agents received information that Millie Roupe’s apartment in Marshall County was being used to distribute pills being brought to West Virginia from Florida typically via rental vehicles. During the investigation, a traffic stop occurred during which $2,096 in drug proceeds was seized which will be forfeited to the United States as proceeds from the drug activity.JOYNER, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
JOSEPH A. MCDONALD, age 26, of Glen Dale, West Virginia, entered a plea of guity to “Distribution of Oxycodone within 1,000 Feet of a Protected Location.” and one count of “Distribution of Oxycodone” on May 21, 2012. MCDONALD, who is on bond pending sentencing, faces up to 40 years imprisonment and a $2,000,000 fine. This case was investigated by the Marshall County Sheriff’s Department.
These cases were prosecuted by Assistant United States Attorney John C. Parr.
SHAWN L. BINKOWSKI, age 25, of Wheeling, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” BINKOWSKI, having previously been convicted in the Circuit Court of Ohio County, West Virginia, of the felony offense of Grand Larceny, knowingly possessed a Bryco Arms pistol on September 16, 2012, in Wheeling. BINKOWSKI, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the United States Probation office and the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department.
Six Individuals Sentenced During the Month of December for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of December, 2012, six individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.
WHEELING DIVISION REVOCATIONS
(Judge Frederick P. Stamp, Jr.)
ANTOINE ALLEN a/k/a “BONES,” age 41, of Cleveland, Ohio, was sentenced to 24 months imprisonment to be followed by 36 months of supervised release for a conviction in Cuyahoga County, Ohio, of drug trafficking and drug possession; failure to report the arrest to his probation officer and submission of a false monthly supervision report. ALLEN was originally sentenced on May 6, 2003, to 100 months imprisonment and 5 years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. In 2008, ALLEN’s sentence was reduced to 84 months pursuant to the crack re-sentencing guidelines. ALLEN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MARK MCCANN, age 46, of Wheeling, was sentenced to 18 months imprisonment for failure to report for sex offender evaluation; failure to make third-part risk notification; possession of pornography; failure to attend sex offender counseling; and, second offense domestic battery. MCCANN was originally sentenced on November 13, 2007, to 68 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. On November 1, 2011, MCCANN’s sentence was reduced to 38 months pursuant to the crack re- sentencing guidelines. MCCANN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ROBERT EUGENE PHILLIPS, age 43, of Colliers, West Virginia, was sentenced to
14 months imprisonment for testing positive for the use of marijuana; possession of a firearm; and, possession of marijuana and drug paraphernalia. PHILLIPS was originally sentenced on August 22, 2004, to 120 months imprisonment and 3 years of supervised release for possession of a firearm by a convicted felon. PHILLIPS’ supervised release was previously revoked on July 1, 2008, for violations and he was sentenced to 5 months imprisonment and
31 months of supervised release. On January 3, 2011, PHILLIPS’ supervised release was again revoked for violations and he was sentenced to 5 months imprisonment and 26 months of supervised release. PHILLIPS was remanded to the custody of the United States Marshal pending designation to a Federal institution.The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Randolph J. Bernard.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
JOSH MURRAY, age 34, of Spring Hill Township, Pennsylvania, was sentenced to 24 months imprisonment for his arrest in Monongalia County, West Virginia, for driving under the influence 2nd offense; driving under the influence with injury; driving under the influence on a suspended/revoked license 1st offense; driving on a suspended/revoked license, leaving the scene of an accident, expired registration, no proof of insurance and no or expired motor vehicle inspection sticker. MURRAY was originally sentenced on April 20, 2007, to 70 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. MURRAY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
CHARLES FREEMAN ECHOLS, age 56, of Fairmont, West Virginia, was sentenced to 8 months imprisonment for testing positive for the use of marijuana and possession of marijuana and heroin. ECHOLS was originally sentenced on March 6, 2011, to 151 months imprisonment and 3 years of supervised release for bank robbery. ECHOLS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
JAMIE T. WEEKLY, age 32, of Enterprise, West Virginia, was sentenced to 3 months imprisonment to be followed by 33 months of supervised release for testing positive for the use of marijuana. WEEKLY was originally sentenced on June 29, 2010, to 24 months imprisonment and 3 years of supervised release for possession of a machine gun. WEEKLY, who is on bond, will self-report to the designated Federal institution on January 14, 2013.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorney Zelda E. Wesley.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.