Northern District of West Virginia
Press releases recorded for this federal judicial district.
Former correctional employee admits to sexual contact with inmateRead the Press Release
CLARKSBURG, WEST VIRGINIA – Heather D. Obrad, a correctional employee at Federal Corrections Institution Hazelton, has admitted to having inappropriate contact with an inmate, Acting United States Attorney Randolph J. Bernard announced.
Obrad, of Granville, West Virginia, pleaded guilty today to one count of “Abusive Sexual Contact.” Obrad, 27, a secretary at FCI Hazelton, admitted to having sexual contact with an inmate at the facility from August to October 2020.
Obrad is facing up to two years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Office of Inspector General investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Former FCI Gilmer inmate sentenced for assaulting corrections officerRead the Press Release
CLARKSBURG, WEST VIRGINIA – Elijah Jeremiah Smith, a former inmate at Federal Corrections Institution Gilmer, was sentenced today to 71 months of incarceration for assaulting a correctional officer, Acting United States Attorney Randolph J. Bernard announced.
Smith, 24, pleaded guilty today to one count of “Assault of a Correctional Officer Resulting in Bodily Injury.” Smith admitted to assaulting an officer and causing bodily injury while in custody in September 2019 in Gilmer County. Smith punched the officer, lacerating his lip, knocking out a tooth, and injuring his shoulder.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Bureau of Prisons investigated.
Senior U.S. District Judge Irene M. Keeley presided.
FCI Gilmer inmate admits to indecent exposureRead the Press Release
CLARKSBURG, WEST VIRGINIA – Darius McNeal, an inmate at Federal Corrections Institution Gilmer, has admitted to indecent exposure, Acting United States Attorney Randolph J. Bernard announced.
McNeal, 20, pleaded guilty today to three counts of “Indecent Exposure.” McNeal admitted to exposing himself and committing sexual acts in front of another person on three separate occasions in November 2019m December 2019, and June 2020 in Gilmer County.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Prisons investigated.
U.S. District Judge Thomas S. Kleeh presided.
Camp counselor admits to child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – David Jonathan Weston, of Westminster, Maryland, has admitted to a child pornography charge, Acting United States Attorney Randolph J. Bernard announced.
Weston, 41, pleaded guilty today to one count of “Attempted Solicitation of Child Pornography.” Weston, who had served as a camp counselor at Camp Tohiglo in Mercersburg, Pennsylvania around the time of the crime, admitted to persuading a 15-year-old female to send inappropriate pictures and videos to his smart phone. From July 2020 to September 2020, Weston exchanged nearly 1,000 messages via Snapchat, Facebook Messenger, and Instagram with the minor, who lives in Berkeley County.
Weston is facing at least five and up to 20 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Kimberly D. Crockett is prosecuting the case on behalf of the government. The FBI investigated with assistance from Carroll County Sheriff’s Office.
U.S. Magistrate Judge Robert W. Trumble presided.
Ohio man sentenced for role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Cory Davonta Smith, Jr., of Barberton, Ohio, was sentenced today to 57 months of incarceration for his role in a drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Smith, also known as “C.J.,” age 27, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute 50 Grams or More of Methamphetamine” in July 2020. Smith admitted to working with others to distribute 50 grams or more of crystal methamphetamine, also known as “ice,” in November 2018 in Gilmer County.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Berkeley County man admits to roles in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Theodore Richardson, of Martinsburg, west Virginia, has admitted to his role in a drug conspiracy that spanned several states, Acting United States Attorney Randolph J. Bernard announced.
Richardson, also known as “JR,” age 56, pleaded guilty to one count of “Aiding and Abetting the Distribution of Fentanyl and Cocaine.” Richardson admitted to selling cocaine hydrochloride, also known as “coke,” and fentanyl in June 2019 in Berkeley County.
Richardson faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, are prosecuting the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.Marion County man admits to meth chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Charles Costello, of Fairmont, West Virginia, has admitted to distributing methamphetamine, Acting United States Attorney Randolph J. Bernard announced.
Costello, 52, pleaded guilty today to one count of “Distribution of Fifty Grams or More of Methamphetamine.” Costello admitted to selling 50 grams or more of methamphetamine for $7,500 in July 2020 in Marion County.
Costello is facing at least five and up to 40 years of incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative, investigated. The task force is comprised of the Drug Enforcement Administration, the West Virginia State Police, the Harrison County Sheriff’s Office, the Clarksburg Police Department, and the Bridgeport Police Department.
U.S. Magistrate Judge Michael John Aloi presided.
Fairmont man sentenced to 10 years for child pornography chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Keener, of Fairmont, West Virginia, was sentenced today to 120 months of incarceration for a child pornography charge, Acting United States Attorney Randolph J. Bernard announced.
Keener, age 48, pled guilty to one count of “Possession of Child Pornography” in July 2020. Keener admitted to having child pornography in March 2019 in Marion County.Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The West Virginia State Police investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Wheeling man admits to his role in drug conspiracyRead the Press Release
WHEELING, WEST VIRGINIA – Carlos Leeper, of Wheeling, West Virginia, has admitted to his role in a drug conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Leeper, also known as “Los,” 57, pleaded guilty today to one count of “Maintaining Drug-Involved Premises within 1000 Feet of a Protected Location.” Leeper admitted to owning a house on South York Street on Wheeling Island for the purpose of storing and selling heroin and cocaine base, also known as “crack.” The house is within 1,000 feet of Jensen Playground. The crime occurred from May 2019 to August 2020.
Leeper is facing at least one and up to 40 years of incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Find the original press release here: https://www.justice.gov/usao-ndwv/pr/26-charged-drug-conspiracy-involving-heroin-fentanyl-crack-cocaine-and-meth-wheeling
Wetzel County man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Alexander Cleveland King, of New Martinsville, West Virginia, has admitted to a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
King, also known as “Alex,” 35, pled guilty today to one count of “Unlawful Possession of Firearm.” King, a person prohibited from having a firearm because of a conviction, admitted to having .45 caliber pistol in January 2021 in Wetzel County.
King is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms, & Explosives investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Marion County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Terrance Cecil Clark, of Fairmont, West Virginia, has admitted to a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Clark, 27, pled guilty today to one count of “Unlawful Possession of Firearm.” Clark, a person prohibited from having a firearm because of prior convictions, admitted to having 9mm pistol in May 2020 in Marion County.
Clark is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, & Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Pendleton County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Donnie Gale Leggett, Jr., of Brandywine, West Virginia, was sentenced today to 11 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Leggett, 33, pled guilty in October 2020 to one count of “False Statement During Purchase of Firearm.” Leggett admitted to making a false statement to purchase a firearm in Mineral County in November 2019.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Ohio man admits to selling cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Anthony L. Turner, of Toledo, Ohio, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Turner, 43, pled guilty today to one count of “Distribution of Cocaine Base.” Turner admitted to selling cocaine base, also known a “crack cocaine,” in September 2020 in Ohio County.
Turner is facing up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Mineral County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Kelly Marie Talbert, of Keyser, West Virginia, has admitted to a drug charge, Acting United States Randolph J. Bernard announced.
Talbert, 37, pled guilty today to one count of “Distribution of Methamphetamine – Aiding and Abetting.” Talbert admitted to working with another to sell methamphetamine, also known as “crystal meth” or “ice,” in October 2018 in Hardy County.
Talbert faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, the West Virginia State Police, the Grant County Sheriff’s Office, and the Moorefield Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mineral County man sentenced for cocaine chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Davaun Alonzo Ambush, of Keyser, West Virginia, was sentenced today to 46 months of incarceration for a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Ambush, 25, pled guilty to one count of “Possession with Intent to Distribute Cocaine Base” in November 2020. Ambush admitted to having “crack” cocaine in January 2020 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The West Virginia State Police and the Potomac Highlands Drug Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M Groh presided.
Grant and Preston County residents indicted on drug chargesRead the Press Release
ELKINS, WEST VIRGINIA – Trampas Quint Wolford, of Cabins, West Virginia, was arraigned on charges after being indicted by a federal grand jury sitting in Elkins in February 2021, Acting United States Attorney Randolph J. Bernard announced.
Wolford, 57, was indicted on one count of “Conspiracy to Distribute Methamphetamine” and one count of “Distribution of Methamphetamine.”
Also named in the indictment are Angela Dawn Yuchek, of Tunnelton, West Virginia, and Peter Sanford Layne, of Cabins, west Virginia.
Yuchek, 31, was indicted on one count of “Conspiracy to Distribute Methamphetamine,” one count of “Distribution of Methamphetamine – Aiding and Abetting,” and one count of “Distribution of Methamphetamine.”
Layne, 48, was indicted on one count of “Conspiracy to Distribute Methamphetamine,” one count of “Distribution of Methamphetamine – Aiding and Abetting,” and one count of “Distribution of Methamphetamine.”
All three are accused of working together to distribute methamphetamine, also known as “crystal meth” and “ice,” from January 2019 to March 2019 in Preston and Grant Counties.
Yuchek, Layne, and Wolford each face up to 20 years of incarceration and a fine of up to $1,000,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Grant County Sheriff’s Office; the Moorefield Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge Michael John Aloi presided.
Berkeley County woman sentenced for role in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Ashley Marie Seal, of Bunker Hill, West Virginia, was sentenced today to 21 months of incarceration for her role in a drug conspiracy that spanned several states, Acting United States Attorney Randolph J. Bernard announced.
Seal, 32, pled guilty in November 2020 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, and Cocaine Base.” Seal admitted to working with others to distribute heroin, fentanyl, and cocaine base from January 2019 to September 2019 in Berkeley and Jefferson Counties and elsewhere.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Grant County woman indicted on drug chargesRead the Press Release
ELKINS, WEST VIRGINIA – Melissa Dawn Bailey, of Cabins, West Virginia, was arraigned today on drug charges, Acting United States Attorney Randolph J. Bernard announced.
Bailey, 41, was indicted by a federal grand jury sitting in Elkins in February 2021 on three counts of “Distribution of Methamphetamine.” Bailey is accused of selling methamphetamine, also known as “crystal meth,” in June 2020 in Grant County.
Bailey faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Grant County Sheriff’s Office; the Moorefield Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge Michael John Aloi presided.
Harrison County woman sentenced for meth chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kaylie Marie Jones, of Wallace, West Virginia, was sentenced today to 60 months of incarceration for a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Jones, 26, pleaded guilty in February 2021 to one count of “Conspiracy to Distribute More Than Fifty Grams or More of Methamphetamine.” Jones admitted to working with others to distribute more than 50 grams of methamphetamine from February 2017 to June 2018 in Harrison County and elsewhere.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Florida man admits to conspiring to transport stolen campers across state linesRead the Press Release
ELKINS, WEST VIRGINIA – Yankier Gaston Garcia, of Florida, has admitted to his involvement in the theft of campers from a business in Elkins, West Virginia, Acting United States Attorney Randolph J. Bernard announced.
Garcia, 32, pleaded guilty today to one count of “Conspiracy to Commit Offense against the United States.” Garcia admitted to driving a heavy-duty pickup truck into Elkins, West Virginia, and stealing a 2021 Grand Design Reflection camper, valued at $48,895.00, from Roy’s RV Supercenter in July 2020.
Garcia is facing up to five years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jarod J. Douglas is prosecuting the case on behalf of the government. The FBI and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Pennsylvania man indicted on false ID chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ray Roberto Carrion-Susana, of Wilkes Barre, Pennsylvania, appeared today in federal court to face charges of fraud involving false identification, Acting United States Attorney Randolph J. Bernard announced.
Carrion-Susana, 36, was indicted in August 2020 on one count of “Fraud in Connection with Identification Documents – Possession of Five or More False Identification Documents with Intent to Use Unlawfully” and one count of “Fraud in Connection with Identification Documents – Possession of Document-Making Implement and Authentication Feature with Intent to Produce False Identification Document.” Carrion-Susana is accused of creating fraudulent driver’s licenses with a real person’s name but the defendant’s picture, as well as having a computer with document making software program and multiple seals and holograms in order to create said false IDs. The crimes are alleged to have occurred in April 2019 in Preston County.
Carrion-Susana faces up to five years of incarceration and a fine of up to $250,00 for the for the first count and faces up to 15 years of incarceration and a fine of up to $250,000 for the second count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Danae DeMasi-Lemon are prosecuting the case on behalf of the government. The U.S. Secret Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge Michael John Aloi presided.
New York man sentenced to nearly 20 years for taking West Virginia teen across state lines for sexRead the Press Release
WHEELING, WEST VIRGINIA – Max Paul Levine, of Bronx, New York, was sentenced today to 235 months of incarceration for the interstate transport of a minor for sex, Acting United States Attorney Randolph J. Bernard announced.
Levine, also known as “James Connely” and “Noxx Nocten,” age 36, pled guilty in October 2020 to one count of “Transportation of a Minor Across State Lines for Sexual Purposes.” Levine admitted to transporting a 15-year-old West Virginia girl from her Harrison County home to his residence in Bronx, New York to engage in sexual activity in June 2019.
“Levine preyed on the most vulnerable, a teenaged girl. The sentence in this case is a just one and will prevent him from hurting anyone else. Many predators use today’s technology to find and groom victims. Even with the most diligent parents, predators can find a way into your children’s lives. Look for apps that look suspicious, ask questions, and keep an open line of communication,” said Bernard.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bridgeport Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Michigan man sentenced for meth chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Christopher Shook, of Detroit, Michigan, was sentenced today to 57 months of incarceration for a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Shook, age 33, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” in October 2020. Shook admitted to having methamphetamine in August 2020 in Monongalia County.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Drug Enforcement Administration and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Florida man admits to conspiring to transport stolen campers across state linesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Taylon Batista Garcia, of Florida, has admitted to his involvement in the theft of campers from a business in Elkins, West Virginia, Acting United States Attorney Randolph J. Bernard announced.
Garcia, 35, pleaded guilty today to one count of “Conspiracy to Commit Offense against the United States.” Garcia admitted to driving a heavy-duty pickup truck into Elkins, West Virginia, and stealing a 2020 Jayco North Point Camper valued at $96,365, from Roy’s RV Supercenter in July 2020.
Garcia is facing up to five years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jarod J. Douglas is prosecuting the case on behalf of the government. The FBI and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Taylor County man and woman indicted on child pornography chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dallas Edward Weber, Jr. and Ashley Marie Weber, both of Thornton, West Virginia, were indicted today on a child pornography charge, Acting United States Attorney Randolph J. Bernard announced.
Dallas, 40, and Ashley, 37, were each indicted on one count of “Aiding and Abetting Production of Child Pornography.” Both are accused of using a minor child to engage in sexually explicit conduct and producing child pornography from that conduct in June 2020 in Taylor County.
Dallas and Ashley are each facing 15 to 30 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Taylor County Sheriff’s Office and the FBI investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrison County woman indicted on firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Harlie Christian Shaw, of Clarksburg, West Virginia, was indicted today on a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Shaw, 30, was indicted on one count of “Unlawful Possession of a Firearm.” Shaw, a person prohibited from having a firearm because of a prior conviction, is accused of having a .22 caliber revolver in June 2020 in Harrison County.
Shaw is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrison County man indicted on firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Allen Craig, II, of Lumberport, West Virginia, was indicted today on a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Craig, 31, was indicted on one count of “Unlawful Possession of Firearm.” Craig, a person prohibited from having a firearm because of prior convictions, is accused of having a .38 S&W Special caliber revolver in December 2020 in Harrison County.
Craig is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Wheeling man admits to role in drug trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Zachary James Parsons, of Wheeling, West Virginia, has admitted to his role in a drug trafficking conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Parsons, age 30, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine Base.” Parsons admitted to selling cocaine base, also known as “crack,” in January 020 in Ohio County.
Parsons faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Original case indictment here: https://www.justice.gov/usao-ndwv/pr/26-charged-drug-conspiracy-involving-heroin-fentanyl-crack-cocaine-and-meth-wheeling
Randolph J. Bernard named Acting United States AttorneyRead the Press Release
WHEELING, WEST VIRGINIA – Randolph J. Bernard will serve as Acting United States Attorney beginning on March 1, 2021.
Mr. Bernard was selected to serve as Acting U.S. Attorney by the Executive Office of United States Attorneys in Washington, D.C. after former U.S. Attorney Bill Powell announced his resignation effective February 28, 2021.
“We look forward to continuing Mr. Powell’s excellent work under his “One District, One Mission” motto, as we work to combat the drug epidemic, crimes against children, crimes against the elderly, combatting violent crime, and the other Department of Justice initiatives,” said Mr. Bernard.
Mr. Bernard previously served as First Assistant U.S. Attorney and the Chief of the Criminal Division. Mr. Bernard joined the office in 2002, and has experience prosecuting a wide range of criminal cases, including drugs and violent crimes, firearms, white collar offenses, fraud and tax cases, and child pornography cases. Mr. Bernard has also served as the District Office Security Manager.
Before becoming an Assistant United States Attorney, Mr. Bernard served as a Special Agent with the Federal Bureau of Investigation in the Wheeling, West Virginia Resident Agency. Prior to the FBI, he was a litigation attorney in private practice with Coolidge, Wall, Womsley & Lombard in Dayton, Ohio.
Mr. Bernard is a 1987 magna cum laude graduate of Ohio Northern University College of Law and a 1984 graduate of Indiana University of Pennsylvania.
Preston County man sentenced for sending obscene material to a minorRead the Press Release
CLARKSBURG, WEST VIRGINIA – Joshua Armstrong, of Terra Alta, West Virginia, was sentenced today to 30 months of incarceration for sending pornography to a minor, Acting United States Attorney Randolph J. Bernard announced.
Armstrong, age 26, pled guilty to one count of “Transfer of Obscenity to a Minor” in October 2020. Armstrong admitted to sending obscene material to a minor under the age of 16 in Preston County in August 2016.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The West Virginia State Police investigated.
U.S. District Judge Thomas S. Kleeh presided.
Parkersburg man admits to drug traffickingRead the Press Release
ELKINS, WEST VIRGINIA – David Edward Allanson, of Parkersburg, West Virginia, has admitted to drug trafficking, U.S. Attorney Bill Powell announced.
Allanson, also known as “Curly,” 51, pled guilty today to one count of “Possession with Intent to Distribute Methamphetamine.” Allanson admitted to having methamphetamine, also known as “crystal meth” and “ice,” in May 2020 in Grant County.
Allanson faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug Task Force, the Potomac Highlands Drug Task Force, a HIDTA-funded initiative, the Grant County Sheriff’s Office the Elkins Police Department, and the Petersburg Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Harrison County man admits to drug and firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Andrew Yatulchik, of Shinnston, West Virginia, has admitted to drug and firearms charges, U.S. Attorney Bill Powell announced.
Yatulchik, also known as “Utah,” 50, pleaded guilty this week to one count of “Conspiracy to Distribute More Than Fifty Grams or More of Methamphetamine” and one count of “Unlawful Possession of Firearm as Felon.” Yatulchik admitted to working with others to distribute more than 50 grams of methamphetamine from February 2017 to June 2018 in Harrison County and elsewhere. Yatulchik, who is prohibited from having a firearm because of prior convictions, also admitted to having two shotguns in May 2018 in Harrison County.
Yatulchik faces not less than five and up to 40 years of incarceration and a fine of up to $5,000,000 for the drug count and faces up to 10 years of incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
West Virginia hospital to pay more than $300,000 for Medicare fraudRead the Press Release
CLARKSBURG WEST VIRGINIA – U.S. Attorney Bill Powell has announced that Grant Memorial Hospital in Petersburg, West Virginia, has agreed to pay $320,175.71 for false medical claims.
According the settlement, Grant Memorial Hospital filed false claims to Medicare, Medicaid, TRICARE, VA, and Railroad Retirement Programs from September 2014 to March 2016. The claims were for outpatient and inpatient services and items using the National Provider Identifier number and name of a credentialed physician, when, in fact, the services and items were actually provided by a non-credentialed physician.
“This case was the result of the hospital recognizing the mistake and bringing it to the attention of the federal government. I commend the hospital management for ensuring that this wrong was righted. All medical providers should take note, and when a mistake in billing is made, report the issue immediately,” said Powell.
The hospital disclosed the claims in February 2019, pursuant to the Office of Inspector General of the Department of Health and Human Services self-disclosure protocol.
Assistant U.S. Attorney Christopher J. Prezioso litigated the case on behalf of the government. Agencies involved in the investigation and settlement are the Office of Inspector General of the Department of Health and Human Services, the West Virginia Attorney General’s Office, the State of West Virginia Medicaid Fraud Control Unit, the West Virginia Bureau for Medical Services, the Defense Health Agency for TRICARE, and the U.S. Department of Veterans Affairs.
Pennsylvania man sentenced for role in a drug distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Albert Lee Brooks, of New Castle, Pennsylvania, was sentenced today to 33 months of incarceration for his role in a drug trafficking operation, U.S. Attorney Bill Powell announced.
Brooks, also known as “B,” pled guilty to one count of “Distribution of Cocaine Base within 1000 feet of a Protected Location” in May 2020. Brooks, age 49, admitted to selling “crack” cocaine near Luau Manor in Ohio County in March 2019.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Original indictment press release here: https://www.justice.gov/usao-ndwv/pr/13-indicted-drug-distribution-operation-ohio-county
Elkins man sentenced for meth chargeRead the Press Release
ELKINS, WEST VIRGINIA – Nicholas Adam Owens, of Elkins, West Virginia, was sentenced today to 72 months of incarceration for a drug charge, U.S. Attorney Bill Powell announced.
Owens, 25, pled guilty to one count of “Possession with Intent to Distribute More Than Five Grams of Methamphetamine” in September 2020. Owens admitted to having more than five grams of methamphetamine, also known as “crystal meth” or “ice,” in August 2019 in Randolph County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Elkins Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Belmont County man sentenced for firearms violationRead the Press Release
WHEELING, WEST VIRGINIA – Ricky Runner, of Martins Ferry, Ohio, was sentenced today to 51 months of incarceration for a firearms violation, United States Attorney Bill Powell announced.
Runner, age 34, pled guilty to one count of “Unlawful Possession of a Firearm” in November 2020. Runner, a person prohibited from having firearms, admitted to possessing a .40 caliber pistol in Marshall County in October 2018.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Upshur County woman admits to meth distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ashley Nichole Bennett, of Buckhannon, West Virginia, has admitted today to a drug charge, U.S. Attorney Bill Powell announced.
Bennett, 34, pled guilty today to one count of “Distribution of Five Grams or More of Methamphetamine.” Bennett admitted to selling more than five grams of methamphetamine, also known as “crystal” and “ice,” in January 2020 in Harrison County.
Bennett faces at least five and up to 40 years of incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Ohio man admits to role in drug trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Joseph Garth, of Bellaire, Ohio, has admitted to his role in a drug trafficking conspiracy, U.S. Attorney Bill Powell announced.
Garth, also known as “Nephew,” 24, pled guilty today to one count of “Aiding and Abetting the Distribution of Cocaine Base.” Garth admitted to selling cocaine base, also known as “crack,” in May 2020 in Ohio County.
Garth faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Original case indictment here: https://www.justice.gov/usao-ndwv/pr/26-charged-drug-conspiracy-involving-heroin-fentanyl-crack-cocaine-and-meth-wheeling
Marshall County woman sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Phoebe E. Harmon, of Cameron, West Virginia, was sentenced today to 30 months of incarceration for a drug charge, U.S. Attorney Bill Powell announced.
Harmon, 41, pled guilty to one count of “Distribution of Methamphetamine” in November 2020. Harmon admitted to selling methamphetamine in April 2020 in Marshall County.
Assistant U.S. Attorney Clayton J. Reid prosecuted the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Elkins woman sentenced for methamphetamine distributionRead the Press Release
ELKINS, WEST VIRGINIA – Courtney Marie Zirkle, of Elkins, West Virginia, was sentenced today to 41 months of incarceration for methamphetamine distribution, U.S. Attorney Bill Powell announced.
Zirkle, age 37, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” and one count of “Unlawful Possession of a Firearm” in August 2020. Zirkle admitted to having methamphetamine in January 2019 in Randolph County. Zirkle, who is prohibited from having a firearm, also admitted to having a .40 caliber semi-automatic pistol.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mountain Region Drug & Violent Crimes Task Force investigated.
U.S. District Judge Thomas S. Kleeh presided.
Two inmates admit to assaultsRead the Press Release
WHEELING, WEST VIRGINIA – Two inmates at U.S. Penitentiary Hazelton in Bruceton Mills, West Virginia, have admitted to separate assaults on other inmates, U.S. Attorney Bill Powell announced.
David W. Williams, 39, pled guilty today to one count of “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” Williams admitted to using a deadly weapon to assault another inmate in March 2020. Williams was sentenced to 24 months of incarceration to run consecutively to any sentence he is currently serving.
Edward Smith, 38, pled guilty today to one count of “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” Smith admitted to using a deadly weapon to assault another inmate in October 2019. Smith was sentenced to 24 months of incarceration to run consecutively to any sentence he is currently serving.
Assistant U.S. Attorney Christopher L. Bauer prosecuted the cases on behalf of the government. The Bureau of Prisons investigated.
U.S. District Judge Thomas S. Kleeh presided.
Monongalia County woman sentenced for firearms violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Teresa Miller, of Morgantown, West Virginia, was sentenced today to 41 months for a firearms violation, U.S. Attorney Bill Powell announced.
After a bench trial in October 2020, Miller, age 47, was found guilty of one count of “Unlawful Possession of a Firearm.” Miller, having previously been convicted of a drug crime, is prohibited from having a firearm. Miller had a .380 caliber pistol and a .45 caliber pistol in July 2018 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Morgantown Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Ohio County man admits to child pornography chargeRead the Press Release
WHEELING, WEST VIRGINIA – Ryan Nicholas Wolf, of Wheeling, West Virginia, has admitted to child pornography possession, U.S. Attorney Bill Powell announced.
Wolf, 34, pled guilty this week to one count of “Possession of Child Pornography.” Wolf admitted to having devices containing images and videos of child pornography in January 2021 in Ohio County.
Wolf’s Wheeling Island home was searched in January. According to the complaint, the search found a thumb drive containing over a thousand images of what appeared to be juveniles. It does not appear as though any of the child pornographic material found in Wolf’s possession was locally produced and/or depicted children that he personally knew.
Wolf faces up to 20 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Department of Homeland Security and Wheeling Police Department investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Columbus man and Wheeling woman admit to roles in drug trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Milik I. Stanley, of Columbus, Ohio, and Susan Manuel, of Wheeling, West Virginia, have admitted to their roles in a drug trafficking conspiracy, U.S. Attorney Bill Powell announced.
Stanley, also known as “Taco,” age 23, pled guilty to one count of “Distribution Methamphetamine within 1000 feet of a Protected Location.” Stanley admitted to selling methamphetamine near Madison Elementary School on Wheeling Island in January 2020.
Manuel, age 58, pled guilty to one count of “Aiding and Abetting the Distribution of 5 Grams or More of Methamphetamine within 1000 feet of a Protected Location.” Manuel admitted to working with another to distribute meth near Madison Elementary School on Wheeling Island in January 2020.
Stanley faces at least one and up to 40 years of incarceration and a fine of up to $2,000,000. Manuel faces at least five and up to 80 years of incarceration and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the cases on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Virginia man indicted on sex offender chargeRead the Press Release
ELKINS, WEST VIRGINIA – Eddie Reese Cason, of Buckingham, Virginia, was indicted today on a sex offender charge, U.S. Attorney Bill Powell announced.
Cason, 37, was indicted today on one count of “Failure to Update Sex Offender Registration.” Cason, a person required to register as a sex offender, is accused of failing to update his sex offender registration from October 2020 to January 2021 in Randolph County after traveling from Virginia to West Virginia.
Cason is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The U.S. Marshal Service and the West Virginia State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Marshall County man sentenced for firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Roger Dale Bolen, of Moundsville, West Virginia, was sentenced today to 63 months of incarceration for a firearms charge, U.S. Attorney Bill Powell announced.
Bolen, age 42, pled guilty to one count of “Unlawful Possession of Firearm” in June 2020. Cochran, prohibited from having a firearm because of a prior felony conviction, admitted to having a .380 caliber pistol in August 2019 in Marshall County.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Marshall County man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – John D. Freshwater, of Moundsville, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Freshwater, 36, pleaded guilty today to one count of “Unlawful Possession of a Firearm and Ammunition.” Freshwater, a person prohibited from having firearms because of a prior conviction, admitted to having a 9mm pistol and 55 rounds of 9mm hollow point ammunition in January 2020 in Marshall County.
Freshwater faces up to 10 years of incarceration and a fine of up to $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Harrison County man indicted on firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Dustin Cain Anderson, of Clarksburg, West Virginia, was indicted today on a firearms charge, U.S. Attorney Bill Powell announced.
Anderson, 26, was indicted today on one count of “Unlawful Possession of a Firearm.” Anderson, a person prohibited from having firearms, is accused of having a .22 caliber revolver in November 2020 in Upshur County.
Anderson is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Upshur County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Hardy County man indicted on drug chargesRead the Press Release
ELKINS, WEST VIRGINIA – Matthew Curtis Delawder, of Moorefield, West Virginia, was indicted today on drug charges, U.S. Attorney Bill Powell announced.
Delawder, 37, was indicted today on three counts of “Distribution of Methamphetamine,” one count of “Possession with Intent to Distribute Methamphetamine,” and one count of “Unlawful Possession of a Firearm.” Delawder is accused of having and selling methamphetamine in Grant and Hardy Counties in October 2020. Delawder, who is prohibited from having firearms, is also accused of having .22 caliber rifle in Hardy County in February 2021.
Delawder is facing up to 20 years of incarceration and a fine of up to $1,000,000 for each of the drug counts. He is also facing up to 10 years of incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the West Virginia State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Bill Powell announces his resignationRead the Press Release
WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell, of the Northern District of West Virginia, has announced his resignation effective midnight on February 28, 2021.
Powell, a graduate of Salem College and West Virginia University College of Law, had previously served as the Chief Deputy Prosecuting Attorney in Jefferson County, West Virginia. He has also held positions as a Member of Jackson Kelly, PLLC, and as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of West Virginia.
“It has been my great professional honor to work with the dedicated men and women in the Northern District of West Virginia. It was that dedication along with their hard work that the districts’ successes were possible. I believe this district serves as an example of consistency, fairness and effectiveness. I always did my best to serve justice and to do so in an impartial manner. I will miss serving in this position more than words can express, and I wish great success to whoever is appointed as the new US Attorney.”
During Powell’s tenure as U.S. Attorney, the number of defendants charged federally has increased by 50%, with a 90% conviction rate. He championed Department of Justice initiatives, such as Elder Justice, Project Safe Neighborhoods, and battling the drug epidemic. Powell and his team took a strong stance on drugs, with 85% of drug defendants sentenced to prison. He also took a hard stance on firearms convictions, with 90% of those convicted of a firearms violation going to prison. He fostered better relationships with law enforcement, understanding that working together makes our communities safer. From 2017 to 2018, cities across the Northern District of West Virginia saw a more than 20% reduction in violent crime. Martinsburg saw a more significant drop, more than 30%.
Powell worked diligently with his staff, the FBI, and the Veterans Affairs Office of Inspector General to ensure that the murders of eight veterans at the Louis A. Johnson VA Medical Center were fully investigated and the person responsible was brought to justice. Reta Mays, a former employee at the hospital, admitted her guilt in July 2020. Mays pled guilty to seven counts of second-degree murder in the deaths of seven veterans and one count of intent to commit murder involving the death of the eighth veteran. Mays will be sentenced later this year. She faces life imprisonment.
Powell also oversaw an active participation in solutions to curb the opioid epidemic in the District, understanding that prosecutions are only a small part of helping to reduce the substance abuse issue in West Virginia. The office has become active with several Quick Response Teams in the District, offering support and staff to assist with their good work. He also committed thousands of hours of staff for prevention presentations at schools across the district, reaching thousands of students each year.
Drug prosecutions took up the majority of the criminal docket each year, as the office, along with law enforcement partners, focused on dismantling multiple drug trafficking operations that involved many other states and jurisdictions. From charging MS-13 gang members for trafficking to dissecting and dissolving criminal enterprises that trafficked hundreds of pounds of dangerous drugs into the Mountain State, Powell led his team in taking a hard stance on reducing drugs being brought into the state by out-of-state drug dealers looking to prey on West Virginians.
In 2018, Powell announced Operation Synthetic Opioid Surge (S.O.S.), created by the Attorney General, which focuses on a surge in prosecutions of those distributing fentanyl and other synthetic opioids. The Northern District of West Virginia was one of 10 participating districts. SOS focused efforts in the NDWV in Berkeley County. Berkeley County has consistently seen the highest rate of overdose deaths in the district. In 2020, there were 50 defendants named in 11 indictments under the SOS initiative.
Powell was one of nine U.S. Attorneys to be an integral part of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices in five states, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas. Powell was insistent that efforts be made to hold physicians and pharmacists accountable for illegally prescribing and distributing opioids, and several were prosecuted. The District’s civil division also did its share and garnered large settlements with healthcare providers, including a $50 million settlement with Wheeling Hospital, Inc., in 2020.
Powell serves as the vice chair of Appalachia HIDTA (High-Intensity Drug Trafficking Area). The Appalachia HIDTA mission is to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region. Several of the district’s drug task forces are partially or completely funded by Appalachia HIDTA and Washington/Baltimore HIDTA.
The office also worked diligently on behalf of victims, ensuring their voices were heard and cases litigated. From October 2017 to February 2021, the District recovered nearly $60 million in civil and criminal collections for victims, as well as secured multiple years of incarceration for their perpetrators.
In the three and a half years as U.S. Attorney, Powell hired 13 new Assistant U.S. Attorneys to continue criminal and civil work in the district. He also hired 12 new support staff to work in the district’s four offices.
Powell was nominated by President Donald J. Trump to serve as the United States Attorney for the Northern District of West Virginia on August 3, 2017. He was confirmed by the United States Senate on October 3, 2017. On October 13, 2017, Chief United States District Judge Gina M. Groh administered the oath of office to the U.S. Attorney Powell, making him the 28th person to serve in this position.
The Northern District of West Virginia covers 32 counties, and includes the cities of Wheeling, Martinsburg, Clarksburg, and Elkins. The United States Attorney’s Office, with staffed offices in those cities, has 25 attorneys and is responsible for conducting all criminal and civil litigation in the district involving the United States government.
Powell’s post-resignation plans have not been announced.