Northern District of West Virginia

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – A former vice-president at Fairmont State University has been sentenced to federal prison for stealing over $1.3 million dollars from the school.

United States Attorney William J. Ihlenfeld, II announced that David A. TAMM, age 45, of Parkersburg, West Virginia, was sentenced to 46 months in prison as a result of his convictions for “Embezzlement from State Agency Receiving Federal Funds” and “Making and Subscribing a False Tax Return for Tax Year 2012.” U.S. District Judge Irene Keeley imposed the punishment today at a sentencing hearing in Elkins.

TAMM, a former vice-president at Fairmont State University, was convicted of stealing funds from the school through the use of state-issued purchasing cards. TAMM admitted that from October of 2007 until January of 2013, he embezzled and stole funds from Fairmont State, including funds from federal education grants. TAMM, who served as Chief Information Officer at the school, also admitted to filing a false tax return for the 2012 tax year by reporting substantially less income than he had actually received.

The Court ordered TAMM to make restitution in the amount of $1,324,191.04 to Fairmont State University and $224,759 to the IRS for back takes. The Court also imposed a money judgment in the amount of $639,174.33. TAMM, who is on bond, will self-report to prison next month.

The investigation revealed that TAMM purchased hundreds of computer switches with purchasing cards and then resold them for cash. The cash was then used by TAMM to purchase luxury automobiles, a $435,000 home in Bridgeport, West Virginia, and other expensive items. TAMM also used a purchasing card to acquire high-end electronics for his personal use.

This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-CI, the West Virginia Commission on Special Investigations and the Fairmont State University Police.

If anyone has information regarding public corruption in their community they are encouraged to call the West Virginia Public Corruption Hotline at 1-855-WVA-FEDS (1-855-982-3337), or to send an email to [email protected].

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Wheeling man who was selling cocaine and heroin from a local hotel was sentenced by Judge Frederick P. Stamp, Jr.

United States Attorney William J. Ihlenfeld, II, announced that Dale A. DAVIS, also known as “Big Loc”, age 36, was sentenced to 101 months in prison for “Possession with Intent to Distribute Crack Cocaine” and “Possession of a Firearm in Furtherance of a Drug Trafficking Offense.” In August of 2013 the Ohio Valley Drug Task Force utilized an informant to make controlled purchases of cocaine and heroin from DAVIS at the Knights Inn (formerly the Wheeling Inn) on Main Street in Wheeling. After the controlled purchases were made the Task Force obtained a search warrant for the hotel room and DAVIS was found to have a 9mm pistol, cocaine, heroin, and approximately $2,400 in cash.

DAVIS was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was prosecuted by Ihlenfeld.

In other court proceedings before Chief Judge John Preston Bailey, Ihlenfeld announced that:

Scott D. MCDONOUGH, age 50, of Martinsburg, West Virginia, was sentenced to 41 months in prison for his conviction of “Felon in Possession of Firearms.” MCDONOUGH agreed to abandon his interest in 22 firearms. MCDONOUGH, who is free on bond, will self-report to the designated Federal institution on June 5, 2014. This case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

James CASIMIRO, III, age 37, of Ranson, West Virginia, was sentenced to 6 months in prison for the “Distribution of Oxycodone.” CASIMIRO, a former assistant county prosecutor admitted to obtaining the painkillers from a cancer patient and then selling them for profit. The investigation involved the use of a confidential informant who made purchases of oxycodone tablets from CASIMIRO in May and June of 2013, a time period during which he was still employed as a prosecutor.

This case was investigated by the Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crimes Task Force. It was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Mitch BROZIK, a 52-year old Morgantown, West Virginia, resident appeared in United States District Court before Magistrate Judge John S. Kaull and entered a plea of guilty to “Obstructing and Impeding the Administration of the Internal Revenue Service.” Between 2005 and 2010, BROZIK concealed a corporate bank account that he used for personal expenses, providing inaccurate tax information to his personal accountants. BROZIK also made false statements to IRS Special Agents about the accuracy of his personal tax returns, his knowledge of personal expenses charged to corporate credit cards, and the existence of a corporate bank account that was not included in corporate records. BROZIK, who is free on bond, faces up to 3 years in prison.

This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Internal Revenue Service-Criminal Investigations.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A Deputy U. S. Marshal was recognized for his significant investigative efforts leading to the apprehension of a federal fugitive.

United States Attorney William J. Ihlenfeld, II, recognized Deputy U. S. Marshal Wesley Fred Frederick at the U.S. Attorney’s Award ceremony held in Wheeling. DUSM Frederick was honored for going above and beyond the call of duty in locating a defendant who fled the Clarksburg area on the eve of his trial for involvement in a large-scale “bath salts” and synthetic marijuana distribution conspiracy. After eight months of reviewing records, interviewing and re-interviewing persons with information, the defendant was apprehended at a remote cabin in New Mexico. Thanks to the outstanding efforts of DUSM Frederick, the defendant is now in federal custody pending trial.

“My congratulations go out to Deputy Marshal Wesley "Fred" Frederick in being recognized by the United States Attorney's Office for the Northern District of West Virginia for his contributions to law enforcement and his relentless pursuit of fugitives,” stated U. S. Marshal Gary M. Gaskins. “DUSM Frederick was honored for his tenacity and determination in hunting down a fugitive after eight months on the run. It was DUSM Frederick's many hours of hard work and never giving up that located this individual in holding true in the Marshals Service motto, that you can run but can't hide. I am extremely proud of DUSM Frederick for his performance and dedication during this fugitive investigation."

The ceremony included remarks from U.S. District Court Judge Frederick P. Stamp, Jr. and the presence of many local, state and federal law enforcement leaders from throughout
West Virginia.

The individuals included in the photo are Criminal Chief Shawn Angus Morgan; DUSM Wesley Fred Frederick; U. S. Attorney William J. Ihlenfeld, II.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA — Seven Central West Virginia men have been indicted on federal drug charges alleging a conspiracy to distribute prescription painkillers, as well as other related drug charges.

United States Attorney William J. Ihlenfeld, II, announced that Jason MARPLE, age 35, of Clarksburg, West Virginia; Casey SEARCY, age 33, of Salem, West Virginia; Christopher Michael WALLS, age 29, of Clarksburg; Chad Alton REGISTER, age 31, of Anmoore, West Virginia; Russell POWERS, also known as Rusty, age 49, of Clarksburg; George POWERS, age 34, of Clarksburg; and Dedreayl MADDOX, also known as “D,” age 29, of Fairmont, West Virginia, were named in a fifteen count superseding indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.” The superseding indictment also alleges additional counts of “Distribution of Oxycodone,” “Distribution of Oxycodone within 1,000 Feet of a Playground,” “Possession of a Firearm in Furtherance of a Drug Trafficking Crime,” and “Maintaining Drug-Involved Premises.”

SEARCY is charged with two counts of “Distribution of Oxycodone within 1,000 Feet of a Playground,” which doubles the penalty; three counts of “Distribution of Oxycodone;” one count of “Possession with Intent to Distribute Oxycodone;” and one count of “Maintaining a Drug-Involved Premise.”

MARPLE is charged with two counts of “Distribution of Oxycodone within 1,000 Feet of a Playground,” which doubles the penalty; two counts of “Distribution of Oxycodone;” and one count of “Knowingly Using a Firearm in Furtherance of a Drug Trafficking Crime.”

REGISTER is charged with one three counts of “Distribution of Oxycodone,” and one count of “Possession with Intent to Distribute Oxycodone.”

Russell POWERS and George POWERS are each charged with “Possession with Intent to Distribute Oxycodone,” and one count of “Maintaining a Drug-Involved Premise.”

WALLS is charged with one count of “Distribution of Oxycodone.”

The Superseding Indictment also carries a forfeiture allegation wherein the United States seeks to forfeit $1,886 in United States Currency; a 2003 Harley Davidson Heritage Softtail motorcycle; firearms; and tools that were seized from the defendants and derived from proceeds obtained directly from the offenses alleged in the Superseding Indictment.

The conspiracy, distribution, possession, and drug-involved premises counts carry a penalty of up to twenty years imprisonment; the distribution counts within 1,000 feet of a playground carry a penalty of up to forty years imprisonment; and the firearm charge carries a minimum penalty of five years imprisonment.

The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan, and was investigated by the Greater Harrison County Drug & Violent Crime Task Force. A Superseding Indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – Three agents from the Federal Bureau of
Investigation were recognized for their outstanding work in investigations involving two former West Virginia sheriffs and a woman who embezzled over a million dollars from a race track.

United States Attorney William J. Ihlenfeld, II, recognized three FBI agents at the U.S. Attorney’s Award ceremony held in Wheeling. FBI Special Agent Dave Rauser was honored for his work in exposing the civil rights violations committed by former Jefferson County (WV) Sheriff Bobby Shirley that led to Shirley’s resignation, conviction, and prison sentence.

FBI Special Agent Frederick Aldridge was honored for his investigation of former Barbour County Sherriff John Hawkins, who resigned and recently pleaded guilty to charges related to the filing of a false insurance claim. Hawkins is free on bond pending a sentencing hearing.

FBI Special Agent Lawrence Quigley was recognized for his work in exposing the crimes of Anita Ambler, the former bookkeeper at the Mountaineer Racetrack who was convicted by a federal jury trial last year on 11 counts of mail fraud, 10 counts of wire fraud, and four counts of transacting in criminal proceeds. The evidence at trial showed that Ambler was involved in the theft of over $1.3 million from an account that was being maintained by Mountaineer Race Track and Casino on behalf of the Horsemen’s Association. Ambler presently is serving an 87 month prison sentence.

Other recipients of awards include:

- Retired DEA Special Agent Robert L. Manchas, U.S. Attorney Award for Distinguished Service; - Greater Harrison County (WV) Drug Task Force, U.S. Attorney Award for the investigation of “Hot Stuff, Cool Things”, a synthetic drug retailer from Clarksburg; - Hancock-Brooke-Weirton Drug Task Force, a U.S. Attorney Award for its investigation of a drug trafficking organization from Chicago; - West Virginia State Police Sgt. Matthew S. Adams, U.S. Attorney Award for investigation of Michael John Jones, who was convicted of “Sexual Exploitation of a Child”, sentenced to 25 years in federal prison, and is now facing charges in state court in Brooke County for similar conduct; - ATF Special Agent Ken Grace, U.S. Attorney Award for the investigation of the thefts of firearms from the Stonewood, West Virginia police department; and
- IRS-CI Agent Jeff James, IRS Agent Danielle McWatters, & HHS Agent Mary Ann Withrow, U.S. Attorney Awards for their inquiry into Dr. Allen Saoud, who was convicted at trial for scheming to circumvent Medicare and Medicaid, bankruptcy fraud, lying to a federal agent, aggravated identify theft, and obstruction of internal revenue laws by filing false income tax returns.

The ceremony included remarks from U.S. District Court Judge Frederick P.
Stamp, Jr. and the presence of many local, state and federal law enforcement leaders from throughout West Virginia.

The individuals included in the photo are U. S. Attorney William J. Ihlenfeld, II; Special Agent Quigley; Special Agent Rauser; Special Agent Aldridge; and Special Agent in Charge Scott Smith.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – An Elkins teen who lost his right leg just days prior to his sixteenth birthday was recognized for his courage and resilience in a special ceremony held in Wheeling.

Tanner Boatwright was presented with the United States Attorney’s Award for Courage as a result of his response to the tragic hunting accident that occurred in November of 2011. The incident, which led to the conviction of a West Virginia man for being a felon in possession of a firearm, led to Boatwright receiving a prosthetic leg. Boatwright was honored for the bravery he has shown since it occurred.

“Tanner stared trauma and tragedy in the face and didn’t blink,” said U.S. Attorney Ihlenfeld. “He could have curled up into a ball, stayed in his room, and never come out, and no one would have questioned it. But instead has embraced this change in his life, and he now does things that he never would have done before the incident.”

Boatwright now hunts and fishes, drives without restrictions, snowboards, swims, and rock climbs. He won four gold medals at the Endeavor Games in Oklahoma, and recently worked on the Twentieth Century Fox movie "The Fault in Our Stars." The movie is scheduled to come out later this year and is based upon the best-selling book by John Green.

Tanner plans to become a prosthetic practitioner upon his completion of college.

Tanner’s father, Roger Boatwright, was also recognized during this week’s ceremony. Ihlenfeld presented Roger Boatwright with a special award for his efforts to save his son’s life on the night that Tanner was shot.

The individuals included in the photo are U. S. Attorney William J. Ihlenfeld, II; Susie Boatwright; Roger Boatwright; and Tanner Boatwright.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Outgoing SAHC Director Linda Reeves also honored

WHEELING, WEST VIRGINIA – The Upper Ohio Valley Sexual Assault Center was honored this week in Wheeling for its efforts to end sexual violence. United States Attorney William J. Ihlenfeld, II recognized the Center for its thirty-five years of service to the Ohio Valley and presented the group with a 2014 United States Attorney’s Award.

“The Upper Ohio Valley Sexual Assault Center is one of the most important social service organizations in our region,” said Ihlenfeld. “This group of dedicated individuals strives daily to provide healing for children, adults and families affected by sexual assault, and works to end sexual violence through counseling, education and advocacy. Thanks to the Center, victims of sexual violence have a place to go for support as they begin the very long and difficult road to recovery.”

Linda Reeves was recognized separately and was presented with a United States Attorney’s Award for her exceptional service to the Center for the past two decades, including 13 years as its executive director.

“Linda’s dedication to helping survivors is unmatched and her tireless efforts over the last twenty years have greatly improved the response to sexual assault in the Ohio Valley,” said Ihlenfeld.

The Upper Ohio Valley Sexual Assault Help Center opened in 1978 and is a non-profit organization dedicated to providing assistance to the community in dealing with the crime of sexual assault. Services include crisis intervention, advocacy, support services, individual and group counseling, and community education. The Center primarily serves Wetzel, Brooke, Marshall, Ohio and Hancock counties in West Virginia. In Ohio, Jefferson and Belmont counties are served. It does not refuse services to anyone regardless of where they reside, and all services are provided free of charge.

The Center provided direct victim services to over 1,000 children, youth, and adults in the Upper Ohio Valley in 2013. In addition, the Center provided community awareness and prevention education programs to over 2,500 children and adults on issues related to sexual violence last year.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MORGANTOWN, WEST VIRGINIA – Civil actions have been filed against two Morgantown businesses that are alleged to have made millions of dollars by selling large quantities of synthetic marijuana.

United States Attorney William J. Ihlenfeld, II, was joined by other law enforcement leaders on Wednesday morning in announcing the action that was taken against businesses in Morgantown, West Virginia known as Mid-Nite Adult and the X-Hale Hookah Lounge. Federal search warrants were executed at each of the businesses on Tuesday afternoon, and on Wednesday morning Ihlenfeld filed civil complaints seeking to prevent X-Hale and Mid-Nite Adult from selling synthetic marijuana. The civil actions also seek to seize certain assets from the entities, including the business licenses of each as well as all inventory containing a controlled substance or a controlled substance analogue.

X-Hale is alleged to be owned and operated by Nicholas and Steven Graziano and is located at 218 Walnut Street, Morgantown, West Virginia. The business is incorporated under the name of Hookabuy, Inc., and was issued a business license by the State of West Virginia on July 20, 2010.

Mid-Nite Adult is alleged to be owned and operated by Daniel and Sally Kocan and is located at 275 Spruce Street in Morgantown. The business is incorporated under the name of Pit-ERI, LLC, and was issued a business license by the State of West Virginia on April 29, 2009.

The civil actions allege that both entities were selling significant amounts of synthetic marijuana, also known as synthetic cannabinoids. These are Schedule I controlled substances with similar effects as traditional marijuana. Synthetic cannabinoids are commonly packaged and labeled as “Spice”, “Herbal incense”, or “K2.” As part of the investigation, undercover controlled purchases were made from both businesses and then the substances acquired were submitted to the DEA’s Mid-Atlantic Laboratory for analysis.

It is alleged that Mid-Nite Adult generated approximately $3.2 million over a 20 month period from the sale of synthetic marijuana. X-Hale is alleged to have generated just over $1 million over the same time period for selling the same product. The owners of X-Hale also are alleged to have purchased automobiles with proceeds from its enterprise, including a 2011 BMW 750I for $95,900.

In addition to searching Mid-Nite Adult and X-Hale, agents also searched the Morgantown business known as Dahlia’s on Walnut. Searches were conducted of the homes of the owners of the businesses, and bank accounts of the businesses and their owners were seized.

Ihlenfeld was joined in making the announcement on Wednesday by Chief Ed Preston of the Morgantown Police Department, Monongalia County Sheriff Al Kisner, and Jason Gandee, Supervisory Special Agent with Internal Revenue Service, Criminal Investigations.

“There is a common misperception that synthetic marijuana is safe to smoke,” said Ihlenfeld. “In fact the opposite is true, as the substance is unpredictably dangerous and can cause serious medical problems, including excessive heart rate, kidney failure, seizures, and psychoses. And because every batch is different, and because there is no regulation or oversight, there’s no way for a user to know what effect it will have until it’s too late.”

“Synthetic marijuana is a public health risk, and the action taken by law enforcement this week provides us with an excellent opportunity to educate the public about the harm that it can cause,” said Chief Preston.

As a result of the searches on Tuesday evidence was recovered and is being processed by the Mon Valley Drug Task Force, which is leading the investigation. The Task Force consists of officers and agents from the Morgantown Police Department, the Monongalia County Sheriff’s Department, and the DEA. Agents from Internal Revenue Service- Criminal Investigations, and the Three Rivers Drug Task Force are also assisting with the matter. Officers from the Greater Harrison County Drug and Violent Crime Task Force assisted with the execution of the search warrants.

According to Ihlenfeld, no criminal charges have been filed, and the investigation is ongoing.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Herren speaks to Park, John Marshall students about dangers of drugs

WHEELING, WV – Former NBA player Chris Herren spoke to students at Wheeling Park High School and John Marshall High School today about the dangers of drugs and his personal battle with addiction.

Herren spoke to over 2,000 area students this morning about how substance abuse derailed his basketball career. The audiences at the schools learned that Herren was a high school All-American at Durfee High in Massachusetts before starring at Boston College and Fresno St. He went on to be drafted by the Denver Nuggets of the NBA, and then was traded to the Boston Celtics, where he played for several years. Herren described to students how his abuse of alcohol, cocaine, and then ultimately heroin nearly ended his life. He has been sober since 2008 and now tours the country speaking to young people about his struggles.

Herren, whose story was featured as part of ESPN’s 30 for 30 series, took questions from the students at each school following his talk. He also posed for a special picture with the members of Drug Free Clubs of America at Wheeling Park and John Marshall.

Wheeling Park Principal Amy Minch discussed the importance of bringing in a speaker such as Herren to discuss substance abuse.

“We regularly educate our students about the perils of drugs but this takes it to a whole new level,” said Minch. “When someone like Chris Herren speaks the kids sit up and listen and that’s what we want.”

John Marshall Principal Rick Jones concurred.

“When this opportunity was presented to me I immediately signed on,” said Jones. “It’s my responsibility as an educator to seek out programs like this one so that our students continue to learn about what could happen to them if they make the wrong choice.”

The committee that organized and planned Herren’s visit was made up of representatives from the Marshall County Family Resource Network, the Ohio County Substance Abuse Prevention Coalition, John Marshall High School, Wheeling Park High School, Paree Insurance, and the U.S. Attorney’s Office. The cost of bringing Herren to the area was covered through donations from community partners of the event.

Herren’s visit is part of Project Future, a U.S. Attorney-led initiative 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. Project Future is a year-round program and is available to all schools within the Northern District of West Virginia.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – Five individuals entered pleas of guilty before U.S. Magistrate Judge John S. Kaull on drug-related charges.

United States Attorney William J. Ihlenfeld, II, announced that Chad Edward CUTRIGHT, age 28, and Natusha Jewell BIGGINS, age 25, of Montrose, West Virginia, entered pleas of guilty to “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.” CUTRIGHT and BIGGINS each face up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the Barbour County Sheriff’s Department and the West Virginia State Police.

Ihlenfeld also announced that Lennox BUCKLEY, age 39, of Morgantown, West Virginia, entered a plea of guilty to “Distribution of more than 50 kilograms of Marijuana” As part of the plea, BUCKLEY will forfeit a 2002 Lexus ES 300 and $7,011 which constitutes proceeds from the illegal activity. The United States also intends to seek a $70,000 money judgment. BUCKLEY faces up to 20 years in prison.

Melvin SANDERS, age 56, formerly of New York, entered a plea of guilty to “Possession with Intent to Distribute Cocaine.” SANDERS faces up to 20 years in prison.

The BUCKLEY and SANDERS cases were investigated by the Greater Harrison County Drug & Violent Crime Task Force, the West Virginia State Police-Bureau of Criminal Investigations, the United States Postal Inspection Service, the Drug Enforcement Administration and the United States Marshals Service.

Beth Ann BROWN, age 36, of French Creek, West Virginia, entered a plea of guilty to “Possession with Intent to Distribute Marijuana.” BROWN faces up to five years in prison. This case was investigated by the West Virginia State Police-Bureau of Criminal Investigations and the United States Postal Inspection Service.

The BUCKLEY, SANDERS and BROWN cases were prosecuted by Assistant U.S. Attorney Andrew R. Cogar.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – A West Virginia pawn shop owner has pleaded guilty to a federal gun charge and for lying to ATF agents.

United States Attorney William J. Ihlenfeld, II, announced that MARTIN L. QUEEN, age 51, of Clarksburg, entered pleas of guilty to “Possession of Stolen Firearms” and two counts of “Making Materially False Statements and Representations.” U.S. District Judge Irene M. Keeley took the plea. QUEEN, who is free on bond pending sentencing, faces up to twenty years in prison. The case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

In other court matters, a 28-year old Clarksburg resident was sentenced to prison by Judge Keeley. Dominic SUTHERLIN was sentenced to 37 months in prison and three years of supervised release due to his conviction for “Possession of a Firearm by an Unlawful Drug User/Addict.” SUTHERLIN will self-report to prison in May. The case was prosecuted by Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force and the Harrison County Sheriff’s Department.

Tony HAWK, age 30, and Marquis Anton BROOKS, age 32, inmates at FCI Morgantown entered pleas of guilty and were each sentenced to 3 months in prison, to run concurrently to HAWK’s current 100-month sentence and BROOKS’ current 60-month sentence for “Possession of a Prohibited Object,” when staff at the correctional institution recovered cell phones from both inmates.

Keegan Chance VANTUYL, age 31, an inmate at USP Hazelton, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” VANTUYL aided and abetted another inmate in the assault of an inmate by striking and cutting the victim with a sharp object. VANTUYL faces up to twenty years in prison.

The HAWK, BROOKS, and VANTUYL cases were prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Unit at FCI Morgantown and USP Hazelton.

Finally, Timothy PETITTO, age 37, of Fairmont, West Virginia, entered a plea of guilty to “Possession of Child Pornography.” PETITTO, who is in custody pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by Homeland Security Investigations.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Wheeling man with a lengthy criminal history was sentenced to serve the next decade in federal prison for selling crack cocaine.

United States Attorney William J. Ihlenfeld, II, announced that Emanuel “Sammy” BANKS, age 40, was sentenced to 140 months in prison and three years of supervised release for “Distribution of Crack Cocaine.” BANKS’ sentence was enhanced due to his significant criminal history, which includes prior felonies for “Bringing Stolen Property into the State, “Aggravated Robbery”, “Receiving Stolen Property”, “Unlawful Assault”, and “Distribution of Cocaine Base within 1000 Feet of a Playground.”

BANKS was sentenced by U.S. District Judge Frederick P. Stamp, Jr., who also ordered the forfeiture of $4,990 in U.S. currency seized from BANKS. BANKS was remanded to the custody of the U.S. Marshal pending designation to a Federal prison. This case was prosecuted by U.S. Attorney Ihlenfeld.

In other court proceedings, Ihlenfeld announced that Jerome Melvin ROSS, age 23, of Wheeling, was sentenced to 31 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of Riverview Towers.” ROSS, who is free on bond, will self-report to prison. This case was also prosecuted by Ihlenfeld.

Nicole GUST, age 20, of Bellaire, Ohio, was sentenced to 12 months and 1 day in prison and three years of supervised release for “Distribution of Crack Cocaine.” GUST was remanded to the custody of the U.S. Marshal pending designation to a Federal prison.

John M. WAKIM, age 57, of Wheeling, entered a plea of guilty before Judge Stamp to “Mantaining a Drug-Involved Premise.” WAKIM owned a garage in Wheeling and allowed others to use the location to store drugs and conduct drug-related activities. WAKIM, who is free on bond pending sentencing, faces up to 20 years in prison.

Ronald Gene VANCE a/k/a “Sammy,” age 63, of Columbus, Ohio, entered a plea of guilty before U.S. Magistrate James E. Seibert to “Conspiracy to Distribute Oxycodone.” VANCE, who is free on bond, faces up to 20 years in prison.

The BANKS, ROSS, GUST, WAKIM, and VANCE cases were investigated by the Ohio Valley Drug & Violent Crime Task Force (OVDTF), consisting of officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, West Virginia State Police-BCI, and the Drug Enforcement Administration. The cases were prosecuted by Assistant U.S. Attorney Randolph J. Bernard. The OVDTF is an Appalachia HIDTA funded unit.

Rocci WADE, age 59, of Moundsville, West Virginia, was sentenced to 97 months in prison and three years of supervised release for “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and “Distribution of Oxycodone.” WADE, who was sentenced by U.S. District Judge John P. Bailey, was part of a five person conspiracy that distributed painkillers in the Moundsville area between 2010 and 2013. WADE is in custody pending designation to a Federal prison. The case was prosecuted by Bernard and was investigated by the Marshall County Drug Task Force which includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration. The Marshall County Drug Task Force is an Appalachia HIDTA funded unit.

Finally, Dallas ACOFF, age 25, of Wheeling, entered a plea of guilty before Judge Stamp to “Escape.” On January 17, 2014, ACOFF escaped from the custody of the Bannum Place halfway house where he was serving the remainder of his 41-month sentence for the distribution of crack cocaine. ACOFF, who is in custody pending sentencing, faces five years in prison. This case was investigated by the U.S. Marshals Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A sex offender from Ohio has been sentenced to federal prison for failing to register as required by law.

U.S. Attorney William J. Ihlenfeld, II, announced that CHARLES F. WADDELL, age 37, of Coal Grove, Ohio, was sentenced to 30 months in prison and 40 years of supervised release for “Failure to Register as a Sex Offender.” Judge Gina M. Groh imposed the sentence. WADDELL is in custody pending his designation to a Federal prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the United States Marshals Service.

In other matters before Judge Groh, MICHELLE BROWN, age 35, of Martinsburg, was sentenced to 57 months in prison and three years of supervised release for the “Distribution of Crack Cocaine.” BROWN, who is free on bond, will self-report to Federal prison. The case was prosecuted by Assistant U.S. Attorney David J. Perri 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, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.

Judge Groh sentenced STACEY L. WILLIAMSON, age 48, of Flintstone, Maryland, to two years of probation and ordered her to make restitution in the amount of $1,737.49 to the United States Postal Service. WILLIAMSON was previously convicted of the felony offense of “Theft of Government Funds.” This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the United States Postal Inspection Service.

The following individuals entered pleas before U.S. Magistrate Judge James E. Seibert: Keyyon Robert Cornish JOHNSON, age 24; Sean Tavon STOGDON, age 23; Marquese Tavon WARD, age 23; and Marcel EDMONDS, age 23, all of Baltimore, Maryland, entered pleas of guilty to “Possession with Intent to Distribute Heroin.” JOHNSON and STOGDON, who are free on bond, and WARD and EDMONDS, who are in custody, each face up to 20 years in prison.

Darnell Leon PLAINES, age 24, of Martinsburg, entered a plea of guilty to “Conspiracy to Distribute More than 28 Grams of Crack Cocaine.” As part of his plea, PLAINES will forfeit $3,612 which constitutes proceeds from the illegal activity. PLAINES, who is in custody pending sentencing, faces up to 40 years in prison.

Nicholas James HALL, age 23, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Heroin.” HALL, who has a prior felony drug conviction, faces up to 30 years in prison.
Timico Constine JOHNSON, age 44 and Kenneth An’Bon WANG, age 28, of Martinsburg entered pleas of guilty to “Distribution of Crack Cocaine.” JOHNSON and WANG each face up to 20 years in prison.

These cases were also investigated by the Eastern Panhandle Drug & Violent Crime Task Force, and prosecuted by Douglas.

Shannon Marie BROADWATER, age 32, of Piedmont, West Virginia, entered a plea of guilty to “Illegal Use of the Internet to Facilitate the Distribution of Crack Cocaine.” As part of her plea, BROADWATER will also forfeit her interest in $3,968 which constitutes proceeds from the illegal activity. BROADWATER, who is free on bond pending sentencing, faces up to 4 years in prison. This 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.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A Martinsburg man has been sentenced to more than 15 years in prison for possession of a firearm, according to U.S. Attorney William J. Ihlenfeld, II.

Donnie COLLINS, age 29, of Martinsburg, was sentenced to 188 months in prison and five years of supervised release for “Felon in Possession of a Firearm.” COLLINS was determined to be an Armed Career Criminal due to his three prior felony drug convictions. He was sentenced by U.S. District Judge Gina M. Groh.

COLLINS was remanded to the custody of the United States Marshal pending designation to a Federal prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police.

In other matters before Judge Groh, David Lee FERGUSON, age 61, of Martinsburg, was sentenced to 30 months in prison and six years of supervised release and Ashley Lucille DIXSON, age 27, of Martinsburg, was sentenced to 27 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of a School.” FERGUSON and DIXSON were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Eastern Panhandle Drug & Violent Crime Task Force.

Carl CHANEY, age 60, of Springfield, West Virginia, was sentenced to 15 months in prison and three years of supervised release due to his conviction for “Felon in Possession of a Firearm.” CHANEY is free on bond and will self-report to the designated Federal prison.

Charles JONES, JR., age 47, of Romney, West Virginia, was sentenced to 10 months in prison and three years of supervised release for “Sale of a Firearm to a Known Felon.” JONES, who is free on bond, will self-report to prison.

The CHANEY and JONES cases were prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hampshire County Sheriff’s Office.

Alvin Lee STOLTZFUS, age 51, of Romney, West Virginia, was sentenced to five years of probation and ordered to make restitution in the amount of $15,817.50 for “Cutting and Removal of Timber from Public Lands.” This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the National Park Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced additional indictments that were recently returned by the Federal Grand Jury.

Ihlenfeld announced that Andrew W. BOLYARD, age 22, of Morgantown, West Virginia, and Ranad Jamal STRAUGHTER, of Westland, Michigan, were named in a two-count Indictment charging them each with “Conspiracy to Distribute Oxycodone” and “Possession with Intent to Distribute Oxycodone.” BOLYARD and STRAUGHTER face up to 20 years in prison on each of the charges. The U.S. Attorney’s Office is also seeking to forfeit $6,906 which was seized on March 17, 2014. This case will be prosecuted by Assistant U.S. Attorney Zelda E. Wesley, and was investigated by the Mon Valley Drug Task Force.

Kasey Thacker MCSHANN, age 38, of Hepizabah, West Virginia, was named in a one-count Indictment charging her with “Theft of Government Funds.” MCSHANN faces up to 10 years in prison for allegedly stealing death and indemnity compensation benefits from the Veterans Administration. This case will be prosecuted by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the Department of Veteran Affairs, Office of Inspector General.

Petrus HAWKINS, age 34, of Clarksburg, West Virginia, was named in a one-count Indictment charging him with “Felon in Possession of a Firearm.” HAWKINS faces up to 10 years in prison. This case will be prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Indictments are only accusations, and a defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA -- Two Ohio Valley health care providers will pay a million dollar penalty after violating Federal law by submitting false claims to Medicare.

United States Attorney William J. Ihlenfeld, II, announced that Devender Batra, M.D., and Belmont Cardiology, Inc. will pay $1 million to the United States after causing East Ohio Regional Hospital and Ohio Valley Medical Center to submit fraudulent claims to Medicare from January 2009 to August of 2010, in violation of the Federal False Claims Act. The settlement ends an investigation into improper compensation arrangements between Dr. Batra, East Ohio Regional Hospital and Ohio Valley Medical Center. The arrangements with Dr. Batra and Belmont Cardiology led the hospitals to submit false claims for prohibited referrals for various health services in violation of Federal law.

AThese types of prohibited referrals are a significant problem and lead to increased health care costs for everyone,” said U.S. Attorney Ihlenfeld. “Medicare expects that a physician’s referral of a patient to a hospital will be free from improper influences, and when it’s not we will act to hold the wrongdoers accountable.”

The investigation arose after the U.S. Attorney’s Office resolved claims against East Ohio Regional Hospital and Ohio Valley Medical Center for entering into improper compensation arrangements with Dr. Batra and others.

AReferrals of patients that are motivated, to any degree, by prohibited compensation arrangements may lead to costly and unnecessary medical care. For this reason we encourage anyone who has knowledge of such arrangements between a medical facility and a physician to report it,@ said Ihlenfeld.

“Sound medical decision making cannot be influenced by financial gain”, said Nick DiGiulio, Special Agent in Charge for the Inspector General’s Office of the U.S. Department of Health and Human Services in Philadelphia. “We are pleased that these allegations are resolved and will continue to work with the Department of Justice to root out illegal, wasteful business arrangements.”

The False Claims Act is a federal law that allows the government to sue health care providers who submit false or fraudulent claims to federal health care programs, such as Medicare, or cause others to do so. False claims submitted by medical providers cost federal health care programs billions of dollars each year.

Dr. Batra is a physician who practices cardiology in Belmont County, Ohio and the surrounding area. Dr. Batra is the President of Belmont Cardiology Inc., a medical corporation.

This matter was handled by Assistant United States Attorney Alan G. McGonigal, in coordination with the United States Department of Health and Human Services, Office of Inspector General.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA — A sex offender who moved from Arizona to West Virginia has been indicted for failing to register his status as required by federal law.

United States Attorney William J. Ihlenfeld, II, announced that Fouad Irvin FAKHRA, age 28, of Hedgesville, West Virginia, was charged with “Failure to Register as a Sex Offender.” FAKHRA has a prior felony conviction for “Endangering the Welfare of a Child” in Platte County, Missouri, and is alleged to have failed to register as a sex offender after he moved to West Virginia in 2013.

This case was investigated by the United States Marshals Service and will be prosecuted by Assistant United States Attorney Stephen L. Vogrin.

An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA — Two men from Harrison County have been indicted on federal drug charges alleging the illegal distribution of prescription painkillers.

United States Attorney William J. Ihlenfeld, II, announced that Jason MARPLE, age 35, of Clarksburg, West Virginia, and Casey SEARCY, 33, of Salem, West Virginia, were named in a three-count Indictment today charging them each with “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and “Distribution of Oxycodone.” MARPLE was also charged with “Possession of a Firearm in Furtherance of a Drug Trafficking Crime.”

MARPLE and SEARCY each face up to twenty years in prison on the conspiracy and the distribution charges and MARPLE faces a minimum term of five years in prison on the firearm charge. Both men are in custody based upon criminal complaints issued at the end of March containing similar allegations.

The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan, and was investigated by the Greater Harrison County Drug & Violent Crime Task Force. An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A former supervisor with the U.S. Department of Homeland Security has been charged with misusing his government-issued credit card at a West Virginia casino.

United States Attorney William J. Ihlenfeld, II, announced that GENE PROTOGIANNIS, 55 years old of Lovettsville, Virginia, was indicted on forty-five counts of wire fraud. The acts are alleged to have occurred in 2013 when PROTOGIANNIS used his official government credit card to obtain cash advances at the Hollywood Casino in Charles Town, West Virginia. The total amount of cash alleged to have been withdrawn by PROTOGIANNIS at the casino was $115,853.55.

PROTOGIANNIS, who will appear in Federal Court in Martinsburg on April 16, 2014, at 9:30 for his initial appearance, faces up to twenty years in prison along with a fine of up to $250,000 on each count. The actual sentence imposed will be based upon the Federal Sentencing Guidelines and the criminal history of the PROTOGIANNIS, if any. An indictment is only an accusation and the defendant is presumed innocent until and unless proven guilty.

PROTOGIANNIS was the Acting Director of the Tactical Operations Division for the U.S. Customs and Border Protection, a division of the Department of Homeland Security, at the time that these crimes allegedly occurred.

The case will be prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by the West Virginia State Police.

U.S. Attorney Ihlenfeld urges anyone with information regarding public corruption in their community to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (1-855-982-3337), or to send an email to [email protected].

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - A Steubenville, Ohio man will serve the next two decades in federal prison for his role in the distribution of cocaine in the Northern District of West Virginia and in Jefferson County, Ohio.

United States Attorney William J. Ihlenfeld, II, announced that MICHAEL T. MCGEE, age 43, of Steubenville, was sentenced to 262 months in prison at a hearing held today before U.S. District Court Judge Frederick P. Stamp, Jr. McGEE was convicted in January of the felony offense of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine” after a three-day jury trial.

MCGEE, who has prior convictions for armed robbery and cocaine and marijuana trafficking, was found by the jury to have conspired with co-defendant Ronald Snider and others to distribute cocaine from November of 2012 to June of 2013.

In announcing the sentence, U.S. Attorney Ihlenfeld praised the work of the Jefferson County, Ohio, Drug Task Force and the Drug Enforcement Administration. Ihlenfeld also commended the efforts of Assistant U.S. Attorney Robert H. McWilliams, Jr., who prosecuted the case.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of April, six individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

James DEAN, age 57, of Clarksburg, West Virginia, was sentenced to 18 months in prison for unlawful possession and use of cocaine and excessive use of alcohol. DEAN was originally sentenced on August 21, 2006, to 155 months in prison and four years of supervised release for possession with intent to distribute crack cocaine. In March of 2009, DEAN’s sentence was reduced to 125 months in prison pursuant to the crack resentencing guidelines and in October of 2011, DEAN’s sentence was again reduced to 88 months pursuant to the crack resentencing guidelines. DEAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Chasty ANDERSON, age 24, of Clarksburg, was sentenced to 8 months in prison and 28 months of supervised release for commission of the new crime of DWI and possession and use of hydrocodone and oxycodone. ANDERSON was originally sentenced on October 7, 2011, to 12 months and 1 day in prison and three years of supervised release for conspiracy to distribute heroin and possession of a stolen firearm. ANDERSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

John William PICKENS of Braxton County, West Virginia, was sentenced to 8 months in prison for unlawful possession and use of marijuana and commission of the new offense in state court of marijuana possession. PICKENS was originally sentenced on November 2, 2007, to 55 months in prison and three years of supervised release for felon in possession of a firearm. PICKENS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Cara CARPENTER, age 24, of Barrackville, West Virginia, was sentenced to 8 months in prison and 28 months of supervised release for failure to complete treatment and commission of the new offense of DUI. CARPENTER was originally sentenced on October 30, 2012, to 4 months in prison and three years of supervised release for distribution of oxycodone within 1,000 feet of a protected location. CARPENTER was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Julious Cesar PETTIS, age 38, of Morgantown, West Virginia, was sentenced to 6 months in prison for unlawful possession and use of synthetic marijuana; failure to submit truthful monthly reports; failure to notify probation office of address change; failure to participate in counseling; and, failure to report for drug screen. PETTIS was originally sentenced on April 2, 2009, to 81 months in prison and three years of supervised release for distribution of cocaine and possession of a firearm during the commission of a drug offense. PETTIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)

Michael VIANDS, age 36, of Kearneysville, West Virginia, was sentenced to 8 months in prison and 30 months of supervised release for driving while suspended, fleeing from police, associating with a known felon and excessive alcohol use. VIANDS was originally sentenced on July 16, 2001, to 238 months in prison and five years of supervised release for distributionof crack cocaine within 1,000 feet of a school. In November of 2011, VIANDS’ sentence was reduced to 154 months in prison pursuant to the crack resentencing guidelines. VIANDS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys Paul T. Camilletti, Shawn A. Morgan and 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.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA — A sex offender who moved from Pennsylvania to West Virginia has been indicted in federal court for failing to register.

United States Attorney William J. Ihlenfeld, II, announced that Charles R. LUNDIS, age 64, of Weirton, West Virginia, was charged with “Failure to Register as a Sex Offender.” LUNDIS faces up to 10 years in prison. LUNDIS has a prior conviction for “Rape” in Pennsylvania and is alleged to have failed to register as a sex offender after he moved to West Virginia in 2013.

This case was investigated by the United States Marshals Service and the West Virginia State Police. The case will be prosecuted by Assistant United States Attorney Stephen L. Vogrin.

An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – Three individuals entered pleas of guilty before Magistrate Judge John S. Kaull on drug-related charges.

United States Attorney William J. Ihlenfeld, II, announced that:

Chad PRESTON, age 34, of Elkins, entered a plea of guilty to “Possession with Intent to Distribute Oxycodone.” Preston, who is free on bond pending sentencing, faces up to 20 years in prison.

Jonathan HEALEY, age 30, of Elkins, entered a plea of guilty to “Use of a Communication Device to Facilitate a Drug Felony.” HEALEY, who is free on bond pending sentencing, faces up to 4 years in prison.

Charles Jacob FREEMAN, age 26, of Beverly, West Virginia, entered a plea of guilty to “Distribution of Alprazolam within 1,000 feet of the Beverly Manor.” FREEMAN, who is free on bond pending sentencing, faces up to 20 years in prison.

These cases were prosecuted by Assistant U.S. Attorneys Shawn A. Morgan and Stephen D. Warner and were the result of the work of the Mountain Region Drug and Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigations, U.S. Forest Service, Randolph County Sheriff’s Department, Tucker County Sheriff’s Department and the DEA, assisted by the DEA Tactical Diversion Squad.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Michigan man was sentenced to ten years in prison for his role in a conspiracy to distribute prescription painkillers.

United States Attorney William J. Ihlenfeld, II announced that Malcolm TYLER, age 36, of Detroit, Michigan, was sentenced to 120 months in prison and three years of supervised release for “Conspiracy to Distribute Oxycodone” in the Wheeling area from late 2011 to Spring of 2012. TYLER admitted to being a source of supply of painkillers for a Wheeling-area drug dealer, who then redistributed the pills locally. U.S. District Judge Frederick P. Stamp, Jr., presided.

TYLER was remanded to the custody of the United States Marshal pending designation to a Federal institution. As a result of this conviction TYLER violated the terms of his state parole and will face additional prison time in Michigan once he has completed his federal sentence.

In a separate matter before Judge Stamp, Charles WILKES, age 28, of Wheeling, was sentenced to 70 months in prison and six years of supervised release for "Distribution of Crack Cocaine within 1,000 feet of the Heritage Port Playground." WILKES was remanded to the custody of the United States Marshal.

The TYLER and WILKES cases were prosecuted by Assistant United States Attorney Randolph J. Bernard and were investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, West Virginia State Police-BCI, and the Drug Enforcement Administration.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Three Fairmont residents have been sentenced to prison for their involvement in making methamphetamine.

United States Attorney William J. Ihlenfeld, II, announced that Daniel Joseph HANST, age 28, Brandi Rene SMITH, 27, and Anthony William OURS, 32, all of Fairmont, were each sentenced to 37 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” The Fairmont defendants, who are free on bond, will self-report to prison. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Three Rivers Drug Task Force, consisting of officers from the Fairmont Police Department and the Fairmont State University Police Department. U.S. District Judge Irene M. Keeley presided.

In other matters before Judge Keeley, Michael John Luther GRIFFIN, age 34, of Clarksburg, was sentenced to 30 months in prison and three years of supervised release for “Distribution of Heroin.” GRIFFIN’s sentence was increased by the Court due to violations of his pretrial release. GRIFFIN was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force.

Luis Alberto GARCIA, age 34, and Victor ESTANGLE-FLORES, age 35, former inmates at United States Penitentiary at Hazelton, were sentenced to 24 months in prison for “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” GARCIA and ESTANGLE-FLORES were remanded to the custody of the United States Marshal. These cases were investigated by the Special Investigative Services Unit at USP Hazelton.

Jovan MANNING, age 36 and formerly an inmate at FCI Gilmer, entered pleas of guilty and was sentenced to 18 months in prison, to run consecutive to his current 228-month sentence, for “Conspiracy to Commit Bribery of a Public Official” and “Bribery of a Public Official.” MANNING admitted to conspiring with a correctional officer at FCI Gilmer and another inmate to smuggle tobacco into the prison on multiple occasions. The correctional officer provided the tobacco to MANNING and the other inmate in exchange for having contacts on the outside of the prison send money totaling approximately $40,000. MANNING received money from other inmates when he sold the tobacco in the prison. This case was investigated by the U.S. Department of Justice, Office of Inspector General.

Rene LAPOINTE, age 44, an inmate at FCI Cumberland and former inmate at USP Hazelton, entered a plea of guilty and was sentenced to 15 months in prison to run consecutive to his current 18-month sentence for “Assault of a Correctional Officer Resulting in Injury.”

Douglas LAZO-TORRES, age 32, an inmate at USP Hazelton, entered a plea of guilty and was sentenced to 12 months in prison to run consecutive to his current 80-month sentence for “Possession of a Prohibited Object.” On September 25, 2013, staff at USP Hazelton removed a metal shank from LAZO-TORRE’s shoe.
The LAPOINTE and LAZO-TORRES cases were investigated by the Special Investigative Services Unit at USP Hazelton.

Each of the prison cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower.

MICHAEL J. WHITE, age 45, of Clarksburg, was sentenced to 5 years probation and ordered to make restitution in the amount of $23,795 to the Veterans Administration Medical Center for “Stealing Public Money.” This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division.

The following individuals entered pleas of guilty before Magistrate Judge John S. Kaull: TROY EVANS, age 38, of Michigan, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” EVANS, who is in custody pending sentencing, faces up to 20 years in prison.

STEVEN JIMERSON, age 25, of Michigan, entered a plea of guilty to “Possession with Intent to Distribute Oxycodone.” JIMERSON, who is in custody pending sentencing, faces up to 20 years in prison.

The EVANS and JIMERSON cases were prosecuted by Assistant U.S. Attorney Zelda E. Wesley and investigated by the Mon Valley Drug & Violent Crime Task Force.

DONNA IRONS, age 37, of Clarksburg, entered a plea of guilty to “Distribution of Marijuana.” IRONS, who is free on bond pending sentencing, faces up to 5 years in prison. This case was investigated by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Greater Harrison County Drug and Violent Crime Task Force.

MARLENA MAE LONG, age 49, of Sutton, West Virginia, entered a plea of guilty to “Theft of Mail by a Postal Employee.” LONG, who is free on bond pending sentencing, faces up to 5 years in prison. The case was prosecuted by Assistant U.S. Attorney Michael D. Stein and investigated by the United States Postal Inspection Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - A federal grand jury has returned indictments against alleged drug dealers from throughout the Ohio Valley.

United States Attorney William J. Ihlenfeld, II, announced that five indictments naming seven defendants were returned alleging the sale of heroin, oxycodone, cocaine and marijuana. The charges were brought by area drug task forces that receive federal funding from the Appalachia High Intensity Drug Trafficking Area (AHIDTA) initiative.

According to Ihlenfeld, the following individuals were charged by the grand jury:

WEAVER/KEYES

MARCEL D. WEAVER and HOLLY D. KEYES were charged in an eight count indictment with the distribution of heroin and crack cocaine in Chester, West Virginia in late 2013. WEAVER, age 29 of East Liverpool, Ohio, and KEYES, age 26 of Chester, are also alleged to have maintained a drug-involved premise. The investigation began due to a tip from the Youngstown, Ohio, office of the Drug Enforcement Administration (DEA).

WEAVER and KEYES face up to forty years in prison, a $2 million fine, and six years of supervised release. This case was investigated by the Hancock-Brooke-Weirton Drug and Violent Crimes Task Force, an Appalachia HIDTA-funded unit.

JAMES J. CARNEY

JAMES J. CARNEY, 22 years old, of Moundsville, was charged with five counts of distributing heroin near protected locations in Marshall County in late 2013. It is alleged that CARNEY sold heroin to a confidential informant within 1000 feet of Moundsville Central Elementary School on four occasions, and with making a fifth sale outside of a Moundsville restaurant. CARNEY faces up to forty years in prison, a $2 million fine, and six years of supervised release.

MILLER/BARKER

GLENN A. MILLER, age 37, and AMANDA M. BARKER, age 25, both of Moundsville, are charged with the distribution of oxycodone and Alprazolam near protected locations in Marshall County in 2012. MILLER and BARKER each face up to forty years in prison, up to a $2 million fine, and six years of supervised release.

DESIREE N. BURGE

DESIREE N. BURGE, age 30 of Moundsville, was charged with one count of distribution of oxycodone in 2013. BURGE faces up to 20 years in prison, a $1 million fine, and at least three years of supervised release.

The CARNEY, MILLER, BARKER, and BURGE cases were investigated by the Marshall County Drug Task Force, an Appalachia HIDTA-funded unit.

NELDA K. WHITE

NELDA K. WHITE, age 54, of Hundred, West Virginia, was named in a two-count Indictment charging her with “Conspiracy to Distribute Marijuana” and “Possession with Intent to Distribute Marijuana.” The U.S. Attorney’s Office is also seeking to forfeit $23,500 which was seized in January as part of the investigation. WHITE faces up to 5 years in prison on each of the charges.

These cases will be prosecuted by Assistant United States Attorneys Robert H. McWilliams, Jr., Randolph J. Bernard, and Stephen L. Vogrin.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - A coal miner who claimed to be foreman has been charged with falsifying safety records at an Ohio County, West Virginia coal mine.

United States Attorney William J. Ihlenfeld, II, announced that SEAN A. CHASE, 31 years old, of Spencer, West Virginia, was indicted by a federal grand jury on 29 counts of making false representations and certifications in mine safety records. Specifically, it is alleged that CHASE, while working at the Tunnel Ridge Mine in Ohio County, claimed to be a mine foreman and to be qualified to perform mine safety exams when in fact he holds no such certification. CHASE is also charged with making false statements to a federal agent, and claiming that he took the mine foreman examination and was issued a foreman card and foreman number.

The matter came to the attention of law enforcement when the certification numbers all foremen at Tunnel Ridge were submitted and reviewed for the purpose of continuing education requirements. It is alleged that the certification number submitted for CHASE had never actually been issued by the West Virginia Office of Mine, Health, Safety and Training, and thus an investigation was opened.

CHASE faces up to five years in prison on each of the thirty charges, and a fine of up to $10,000. The matter was investigated by the U.S. Department of Labor, Mine Safety and Health Administration, and the West Virginia Office of Mine, Health, Safety and Training. The case is being prosecuted by Assistant United States Attorney David J. Perri.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A West Virginia man was sentenced to a lengthy prison term for traveling across state lines to have sex with a minor female.

United States Attorney William J. Ihlenfeld, II announced ANTHONY ALLEN PENNINGTON, age 24 of Berkeley Springs, was sentenced to fourteen years prison and supervision for life as a result of his conviction for “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.”

PENNINGTON previously admitted that in May of 2013 he traveled from West Virginia to Pennsylvania with the intent to engage in sexual activity with a fifteen year old girl. PENNINGTON had texted with the victim that night and made arrangements to pick up the victim and her friend in Morgan County, West Virginia. The girls rode their bikes to an area where PENNINGTON picked them up and drove them to Pennsylvania. PENNINGTON had sexual intercourse with one of the girls and then returned them to West Virginia.

U.S. District Court Judge Judge Gina M. Groh enhanced PENNIGNTON’s sentence, finding that he was a repeat and dangerous sex offender based upon his conviction in 2010 for sexual assault in the third degree in Morgan County, West Virginia. In the prior case PENNINGTON was convicted of having sex with a female minor when he was 20 and the victim was 14.

PENNINGTON was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the Morgan County Sheriff’s Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Three people charged in connection with a Bridgeport, West Virginia, painkiller distribution ring have been convicted.

DAVID S. ROKISKY, age 46, of Tampa, Florida; his sister, Deborah M. TATE, age 56, of Tampa, and Nino L. MANCINO, age 43, of Fairmont, entered pleas of guilty to “Conspiracy to Possess and Distribute Hydrocodone” before Magistrate Judge John S. Kaull. As part of a related investigation, a federal search warrant was executed at Ms. Tate’s Fairmont residence and agents found packages containing hydrocodone pills which had been obtained through prescriptions in Florida and sent to Tate and Mancino for them to resale.

ROKISKY, TATE and MANCINO each face up to 10 years in prison. The case was prosecuted by Assistant United States Attorney John C. Parr and investigated by the Greater Harrison County Drug and Violent Crimes Task Force, which is comprised of officers and agents from the Bridgeport Police Department, the Clarksburg Police Department, the Drug Enforcement Administration, and the West Virginia State Police.

In other hearings before Judge Kaull:

JAUNITA FARNSWORTH, age 31, of Clarksburg and MARVIN PIERRE LEDBETTER, JR. a/k/a “MO,” age 28; and AMANDA LILLY DANIELS, age 25, of Michigan, entered pleas of guilty to “Possession with Intent to Distribute Oxycodone.” FARNSWORTH, LEDBETTER and DANIELS each face up to 20 years in prison.

Co-defendant WILLIAM MURPHY, age 24, of Clarksburg, entered a plea of guilty to “Use and Carry of a Firearm in Relation to a Drug-Trafficking Offense.” MURPHY possessed a Winchester shotgun in furtherance of a conspiracy to distribute oxycodone. MURPHY faces at least 10 years and up to life in prison. As part of the plea agreements, the defendants will forfeit firearms, ammunition and currency which was seized in December of 2013.

This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force.

ANGELA NELSON, age 34, entered a plea of guilty to “Distribution of Heroin within 1,000 feet of a Protected Location.” NELSON faces up to 40 years in prison. Co-defendants FARRAH ECHARD, age 25, and GREG WILLIAMS, age 41, of Morgantown, entered pleas of guilty to “Distribution of Heroin.” ECHARD and WILLIAMS face up to 20 years in prison. This case was prosecuted by Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations.

CHRISTOPHER VICKERS, age 24, of Clarksburg, entered a plea of guilty to “Distribution of Heroin within 1,000 feet of Monticello Avenue playground.” VICKERS faces up to 40 years in prison.

DAMIAN ALLEN, age 27, of Clarksburg, entered a plea of guilty to “Distribution of Crack Cocaine and Heroin within 1,000 feet of the Harrison Street Playground.” ALLEN faces up to 40 years in prison.

These cases were prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Greater Harrison County Drug and Violent Crime Task Force.

RONALD SNYDER, age 39, of Buckhannon, West Virginia, entered a plea of guilty to “Failure to Update Sex Offender Registration” and faces up to 10 years in prison. This case was prosecuted by Morgan and investigated by the United States Marshals Service and the West Virginia State Police.

CHRISTY D. RUBLE, age 32, of West Milford, West Virginia, former officer in charge of the West Milford post office, entered a plea of guilty to “Embezzlement” of $15,238.65 from postal accounts. RUBLE faces up to 10 years in prison and must make restitution of the monies embezzled. This case was prosecuted by Assistant U.S. Attorney Brandon Flower and investigated by the U.S. Postal Service, Office of Inspector General.

JEREMY NATHAN FERRARO, age 33, entered a plea of guilty to “Theft of Mail” and faces up to five years in prison. The case was prosecuted by Assistant U.S. Attorney Michael D. Stein and was investigated by the United States Postal Inspection Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Potomac Highlands Drug Task Force investigation leads to 73-count indictment

MARTINSBURG, WEST VIRGINIA – A large drug trafficking organization was disrupted as a result of a 73-count federal indictment charging cocaine trafficking and money laundering.

United States Attorney William J. Ihlenfeld, II, who announced the charges on Monday in Wheeling, said that the lead defendant in the case is Cedric Malachi JONES, also known as “BG”, 32 years old, of Palm Coast, Florida. JONES is charged with “Conspiracy to Distribute Cocaine and Cocaine Base,” “Conspiracy to Launder Monetary Instruments,” “Money Laundering,” “Distribution of Cocaine and Cocaine Base,” “Distribution of Cocaine and Cocaine Base within 1,000 Feet of a Protected Location,” and “Possession with Intent to Distribute Cocaine.”

JONES is alleged to be the leader of a group that caused controlled substances to be transported from other parts of the country to Keyser, West Virginia, for redistribution. JONES is also alleged to have laundered money that was generated as a result of the drug trafficking. JONES faces a total of 58 counts.

Others named in the indictment include:

- Ebony Ishia Haynes Jack, age 32, of Palm Coast, Florida
- Patrice Dominique Stephens a/k/a “Everett Backstreets,” 34, of Westernport, Maryland
- Paul Harland Ellis, 35, of Keyser, West Virginia
- Tequila L. Smith, 32, of Ranson, West Virginia
- Dixie Sherylann Layman, 40, of Keyser, West Virginia
- Sheena Collins, 26, of Oakland, Maryland
- Travis Sinclair Howard, 34, of Palatka, Florida
- Samaria Alice Clifford, 32, of Keyser, West Virginia

- Robert Lee Jessie, 34, of Keyser, West Virginia
- Christopher Lee Redman, 30, of Keyser, West Virginia
- Adrian Nicholas Sanchez a/k/a “ACE,” 30, of Cumberland, Maryland
- Troy Aaron Wilt, 30, of Keyser, West Virginia

If convicted, each defendant faces up to life in prison on the conspiracy charge, up to 20 years in prison on the money laundering charges, and up to forty years in prison on any sales of controlled substances that occurred near protected locations. 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. The charges contained in the Indictment are merely accusations, and each defendant is presumed innocent unless and until proven guilty.

This prosecution of this case is being handled by Assistant United States Attorney Jarod J. Douglas. It was investigated by the Potomac Highlands Drug & Violent Crime Task Force, which consists of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.

Updates on the status of this case will be made by media releases as well as via the official Twitter feed of the United States Attorney’s Office, @NDWVnews.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A Martinsburg man was sentenced to federal prison for trafficking in crack cocaine.

United States Attorney William J. Ihlenfeld, II announced that TIMOTHY WILLIAMS, age 24, of Martinsburg, West Virginia was sentenced to 188 months in prison due to his conviction for “Conspiracy to Distribute Crack Cocaine.” U.S. District Court Judge Gina M. Groh applied enhancements to WILLIAMS’ sentence due to his possession of a firearm, his maintaining of a drug-involved premise and his use of violence.

WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution. This 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, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.

In other matters before Judge Groh, THEOFANIS MAVROUDIS, age 46, of Charles Town, West Virginia, was sentenced to 63 months in prison and lifetime supervision due to his conviction for “Failure to Register as Sex Offender.” MAVROUDIS was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the United States Marshals Service and prosecuted by Assistant U.S. Attorney Jarod J. Douglas.

CHERA SCHLEYCOLE, age 27, of Martinsburg, was sentenced by Judge Groh to 12 months in prison and three years of supervised release for “Straw Purchase of Firearms,” “Delivery of Firearm to a Convicted Felon,” and “False Statement to Law Enforcement Officers.” The case was investigated by the Berkeley County Sheriff’s Department and the ATF, and was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.

In matters before Magistrate Judge James E. Seibert, MISTY ANN TARMAN, age 51, of Martinsburg, entered a plea of guilty to “Aiding and Abetting the Distribution of Crack Cocaine.” TARMAN faces up to 20 years in prison when she is sentenced. This case was investigated by the Eastern Panhandle Drug & Violent Crime Task Force and prosecuted by Douglas.

GWEN LITTEN, age 33, of Kearneysville, West Virginia, entered a plea of guilty to “Theft of Government Money.” As part of her plea, LITTEN must make restitution to the Social Security Administration in the amount of $10,853.00. LITTEN, who is in custody pending sentencing, faces up to 10 years in prison. This case was investigated by the Social Security Administration, Office of Inspector General, and prosecuted by Douglas.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – U.S. Attorney William J. Ihlenfeld, II announced that Judge Keeley sentenced JUSTIN ZACHARY ROSA a/k/a “PEE WEE,” age 20, of Clarksburg, to 125 months in prison and three years of supervised release for “Possession with Intent to Distribute Heroin” and “Possession of a Firearm by an Unlawful User and Addict to Heroin.” Judge Irene Keeley also ordered the forfeiture of $4,822.46 in United States currency which constitutes proceeds obtained from the illegal activity, a cellular phone, a Smith and Wesson revolver and $4,720 in counterfeit U.S. currency. ROSA was remanded to the custody of the United States Marshal pending designation to a Federal institution.

In other sentencings:

LEROY ROUSSEAU a/k/a “BLACK,” age 25, of Clarksburg and formerly of Washington, D.C., was sentenced to 84 months in prison and six years of supervised release for “Employment and Use of a Person Under 18 Years of Age in Drug Operations” and “Felon in Possession of a Firearm.” As part of his plea, ROUSSSEAU forfeited a Haskell .45 caliber pistol as property used to commit the charged offenses. ROUSSEAU was remanded to the custody of the United States Marshal pending designation to a Federal institution. ROUSSEAU’s co-defendants, FRANCESCA STRAKAL a/k/a “ROCKY,” age 21, and TALYA KEENER, age 22, of Clarksburg, were sentenced to three years of probation for “Maintaining a Drug-Involved Premise.”

NICOLE BENNETT, age 33, of Clarksburg, was sentenced to 46 months in prison for “Intentional Harassment to Dissuade Another Person from Assisting in Criminal Prosecution.”

“Ensuring the safety of witnesses is paramount and persons who intentionally harass federal witnesses, particular juvenile witnesses, will be prosecuted to the fullest extent of the law,” said U.S. Attorney Ihlenfeld in reaction to the sentencing of BENNETT.

These cases were prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force.

RONALD STARKEY, age 29, of Morgantown, West Virginia, was sentenced to 37 months in prison and three years of supervised release for “Felon in Possession of a Firearm.” This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Zelda E. Wesley

BEN PHARES, age 27, of Kingwood, West Virginia, was sentenced to 18 months in prison for “Distribution of Heroin within 1,000 feet of a Protected Location.” The case was investigated by the West Virginia State Police-Bureau of Criminal Investigations, and prosecuted by Wesley.

MICHAEL MATHENA, age 28, of Clarksburg, entered a plea of guilty and was sentenced to 12 months and 1 day in prison for “Attempted Escape.” MATHENA was confined at the Bannum Place Halfway House in Clarksburg where he was serving the remainder of a sentence for violating supervised release conditions for a federal drug office. On November 14, 2013, MATHENA left the halfway house and did not return and was arrested on November 19, 2013, in Monongah, West Virginia. The case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the United States Marshals Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Outgoing SAHC Director announces “Art Heals” in Centre Market

WHEELING, WEST VIRGINIA – A unique art exhibit designed to help victims of sexual assault will be on display in Wheeling’s Centre Market for the rest of month.

United States Attorney William J. Ihlenfeld, II, was joined today by officials from the Upper Ohio Valley Sexual Assault Help Center (SAHC) to announce “Art Heals”, an exhibit that is made up of art work from current and former clients of the SAHC. Much of the display was created by victims of sexual assault ranging in age from 3 to 15 years who are also part of a SAHC support group. Adult survivors of sexual assault also submitted art work, and were given the opportunity to discuss their efforts in a counseling session as part of the healing process. “Art Heals” will be available for the public to view at no cost at Artworks Around Town inside the Upper Market House in Centre Market until March 31.

“The intent of the exhibit is to give our clients another means of expressing their feelings related to their abuse history and healing journey,” said Linda Reeves, outgoing director of the Sexual Assault Help Center. “Many times trauma survivors either don’t have words or can’t put into words what they are feeling or experiencing and using the arts is a wonderful medium to express these often hidden and sometimes overwhelming emotions.”

According to Reeves, clients of the SAHC are encouraged to submit their creative pieces in the form of drawings, paintings, photos, sketches, and writings. Past displays have included a quilt made by teen survivors of sexual violence and a quilt made by a women’s survivors group. This year the exhibit includes glass etchings from an adult survivor.

Ihlenfeld and Reeves were accompanied by Helen Wilhelm, President of the SAHC’s Board of Directors, as well as Board member William “Bud” Dalrymple, in making the announcement.

“The art that has been submitted by survivors of sexual assault of all ages makes for a very powerful display,” said Ihlenfeld. “The exhibit portrays the struggles and challenges as well as the healing and growth of survivors of sexual violence. The process of creating the art provides an avenue for victims to express feelings and emotions that often are difficult to put into words.”

Reeves also took the opportunity to announce her departure from the SAHC and her new position at the Child Care Resource Center (CCRC). Reeves will serve as the early childhood specialist at the CCRC and be responsible for providing training and technical assistance to child care providers throughout the Northern Panhandle of West Virginia as well as North Central West Virginia. Lori Kinney, Director of the CCRC, was also on hand for today’s announcement.

Wilhelm is sad to see Reeves leave after two decades of service to the SAHC.

“Thanks to the efforts of Linda Reeves the response to sexual assault in the Ohio Valley has improved tremendously,” said Wilhelm. “She has shown great passion for helping victims to begin the road to recovery. Her departure is a big loss for our agency but I’m glad that she will continue to serve our community.”

“No one has been as dedicated as Linda Reeves in helping survivors of sexual assault to heal, and to begin to move on from the trauma that they’ve suffered,” said Dalrymple, who will serve as the Acting Director of the SAHC until a permanent director is named.

The Upper Ohio Valley Sexual Assault Help Center is a non-profit organization dedicated to providing assistance to the community in dealing with the crime of sexual assault. Services include crisis intervention, advocacy, support services, individual and group counseling, and community education. The SAHC primarily serves Wetzel, Brooke, Marshall, Ohio and Hancock counties in West Virginia. In Ohio, Jefferson and Belmont counties are served. The SAHC does not refuse services to anyone regardless of where they reside. All victim services are provided free of charge. Anyone who needs the services of the Center may call 1-800-884-7242. Phones are answered 24 hours a day, seven days a week.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Wheeling man was sentenced by Judge Frederick P. Stamp, Jr. for failure to register as a sex offender and two others entered pleas of guilty.

United States Attorney William J. Ihlenfeld, II announced that: JONAH L. BEGAY, age 38, a sex offender from Utah who moved to Wheeling last year, was sentenced to 30 months in prison and five years of supervised release for "Failure to Register and Update Registration as a Sex Offender." BEGAY was previously convicted in Utah District Court of “Attempted Sexual Abuse of a Child” and as a result is required to register as a sex offender under both state and federal law. His conviction in Utah involved a 10-year old victim. On November 11, 2013, police officers were advised that an individual later identified as Mr. BEGAY was being aggressive and appeared to be intoxicated in an area near Bridge Street Middle School. Officers responded and arrested BEGAY and then learned that he had moved to Wheeling in June, and in October began working at the McDonald’s restaurant in the Elm Grove section of Wheeling. At no point did BEGAY update his registration with the State of Utah nor did he register in the State of West Virginia. BEGAY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the United States Marshals Service and the West Virginia State Police.

JAVON L. SCOTT, age 28, of Wellsburg, West Virginia, entered a plea of guilty “Felon in Possession of a Firearm.” SCOTT, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

KRISTEN NIEMAN, age 22, of Benwood, West Virginia, entered a plea of guilty to “Aiding and Abetting the Distribution of Oxycodone within 1,000 Feet of the Moundsville Middle School.” NIEMAN, who is in custody pending sentencing, faces up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and was investigated by the Marshall County Drug Task Force, which includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration.

The following appeared before Magistrate Judge James E. Seibert:

MARK TUCKER, age 44, of Wheeling, entered a plea of guilty to “Obtaining a Controlled Substance by Forgery.” As part of his plea, TUCKER will make restitution to Wheeling Hospital in the amount of $2,923. This case was prosecuted by Assistant U.S. Attorney Michael D. Stein and investigated by the Marshall County Sheriff’s Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – Four individuals entered pleas of guilty before Magistrate Judge John S. Kaull on drug-related charges.

United States Attorney William J. Ihlenfeld, II, announced that:

JASON DWIGHT MACKENZIE, age 33, of Elkins, entered a plea of guilty to “Distribution of Buprenorphine.” MACKENZIE, who is free on bond pending sentencing, faces up to 10 years in prison. This case was prosecuted by U.S. Attorney Ihlenfeld.

KEITH ALLEN POTEETE, age 48, of Elkins, entered a plea of guilty to “Distribution of Buprenorphine within 1,000 feet of the Davis Street Park Playground.” POTEETE, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner.

These two cases were the result of the work of the Mountain Region Drug and Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigations, U.S. Forest Service, Randolph County Sheriff’s Department, Tucker County Sheriff’s Department and the DEA, assisted by the DEA Tactical Diversion Squad.

DENNIS LYNN SMITH, age 56, of Upper Tract, West Virginia, entered a plea of guilty to “Maintaining Drug-Involved Premise” for the purpose of storing, manufacturing and using methamphetamine. SMITH, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA - A commercial airline pilot has been indicted on charges of traveling across state lines in order to have sex with a minor female.

U.S. Attorney William J. Ihlenfeld, II, announced that MUSTAFA M. BAZBAZ, age 28, of Oakdale, Pennsylvania was named in a two-count Indictment charging him with “Travel with Intent to Engage in Illicit Sexual Conduct” and “Transportation of a Minor with Intent to Engage in Criminal Sexual Activity.” BAZBAZ allegedly began communicating with a 15-year old female from Jefferson County, Ohio, in December of 2013 via the website known as MeetMe.com. BAZBAZ is alleged to have misrepresented his age and name to the victim, claiming to be 17 years old and to be named “Mike B.” It also alleged that BAZBAZ sent sexually explicit images of himself to the victim before arranging to pick up the victim near her home in Jefferson County in December of 2013. The criminal complaint asserts that BAZBAZ then took the victim to a hotel room in Hancock County where he engaged in sexual intercourse with her.

If convicted, BAZBAZ faces up to forty years in prison. This case will be prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and is being investigated by the Federal Bureau of Investigation and the Hancock County (WV) Sheriff’s Department.

In other matters considered by the Clarksburg Grand Jury, Ihlenfeld announced that CLAUDE JONES a/k/a “MIKE JONES,” age 29 and DESEAN LAMARR AARON, age 24, of Fairmont, West Virginia, were named in an eight-count Indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute Crack Cocaine, Cocaine HCL and Heroin.” JONES faces an additional six counts and AARON faces an additional two counts for the distribution of the controlled substances. The defendants each face up to twenty years in prison on each count. The case will be prosecuted by Assistant U.S. Attorney Zelda E. Wesley and was investigated by the Three Rivers Drug Task Force.

ROBERT DALE TASKER, age 43, an inmate at the Tygart Valley Regional Jail in Belington, West Virginia, was named in a four-count Indictment charging him with three counts of “Threats Against the President,” and one count of “Threats Against Family Members of the President.” TASKER faces up to five years in prison on each count. This case will be prosecuted by Assistant U.S. Attorney Randolph J. Bernard and was investigated by the United States Secret Service.

GARY ALLEN STEWART, age 31, of Sutton, West Virginia, was named in a four-count Indictment charging him with “Obstruction of Correspondence.” STEWART faces up to five years in prison on each count. This case was investigated by the United States Postal Inspection Service, Office of Inspector General, and will be prosecuted by Assistant U.S. Attorney Michael Stein.

ANTHONY SCOTT MOATS, age 39, of Lost Creek, West Virginia, was charged with being a “Felon in Possession of a Firearm.” MOATS, who has prior felony convictions for burglary, drug distribution, and bank theft, is alleged to have possessed a firearm in September of 2013 in Monongalia County. MOATS faces up to fifteen years in prison if convicted. This case will be prosecuted by Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.

An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – An administrator with the state Division of Highways has been charged with making a false statement to a federal agent.

United States Attorney William J. Ihlenfeld, II, announced that EDWARD MATTHEW TUTTLE, 38 years old, of Buckhannon, West Virginia, was indicted by a federal grand jury this week on one count of "False Statement to a Federal Agent." TUTTLE is charged with making materially false statements last month to an F.B.I. agent who questioned him as part of an ongoing federal investigation into the Equipment Division of the West Virginia Division of Highways. TUTTLE currently serves as the Highway Administrator for WVDOH in Upshur County, and formerly served as a supervisor with the Equipment Division.

An indictment is merely an accusation and TUTTLE is presumed innocent until and unless proven guilty. TUTTLE faces up to five years in prison and a fine of up to $250,000 if he is convicted. Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offense and his prior criminal history, if any.

This case is being prosecuted by Assistant United States Attorney John C. Parr and was investigated by the U.S. Attorney’s Office Public Corruption Unit. Agents and officers from the Federal Bureau of Investigation, the West Virginia State Police, and the State Commission on Special Investigations are leading the inquiry.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of February, seven individuals had their supervised release or probation revoked for violating terms and conditions imposed by the United States District Court.

ELKINS DIVISION REVOCATIONS (Chief Judge John Preston Bailey)

ARCHIE RAY ARBOGAST, age 37, of Dunmoore, West Virginia, was sentenced to 24 months in prison and three years of supervised release for committing another crime; possession of a controlled substance; frequenting places where controlled substances are illegal sold, used, distributed or administered; and, associating with persons engage in criminal activity. ARBOGAST was originally sentenced on May 8, 2013, to 5 years probation for possession of material used in the manufacture of methamphetamine. ARBOGAST was remanded to the custody of the United States Marshal pending designation to a Federal institution.

WHEELING DIVISION REVOCATIONS (Judge Frederick P. Stamp, Jr.)

BRYAN KNORR, age 36, of Clarksburg, West Virginia, and formerly of Wheeling, was sentenced to 18 months in prison for testing positive for the use of marijuana and cocaine. KNORR was originally sentenced on March 7, 2011, to 21 months in prison and six years of supervised release for the distribution of ecstasy within 1,000 feet of a protected location. KNORR was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL SHANE HENRICK, age 35, of Newell, West Virginia, was sentenced to 6 months in prison and 12 months of supervised release for committing additional offenses of shoplifting, domestic battery, failure to report to the United States Probation Officer and absconding from supervision. HENRICK was originally sentenced on June 24, 2008, to 32 months in prison and three years of supervised release for the distribution of heroin. HENRICK was remanded to the custody of the United States Marshal pending designation to a Federal institution.

SCOTT NALE, age 44, of Weirton, West Virginia, was sentenced to forty-five days in prison for failure to update sex offender registration and unauthorized contact with a minor child. NALE was originally sentenced on August 21, 1995, to 168 months in prison and three years of supervised release for car jacking, use and carry of a firearm in relation to a crime of violence, and felon in possession of a firearm. NALE will self-report to the designated Federal institution on March 14, 2014.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)

DEVON GORDON, age 23, of Martinsburg, West Virginia, was sentenced to 22 months in prison for associating with known felons, being untruthful with probation officer and fleeing from the Martinsburg Police. GORDON was originally sentenced on July 18, 2011, to 24 months in prison and three years of supervised release for possession with intent to distribute crack cocaine. GORDON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JOMO KENYATTA MORRIS, age 24, of Martinsburg, was sentenced to 10 months in prison and 12 months of supervised release for testing positive for the use of marijuana and cocaine, being untruthful with probation officer and being arrested for disorderly conduct and open container. MORRIS was originally sentenced on December 11, 2009, to 37 months in prison and three years of supervised release for possession with intent to distribute crack cocaine. MORRIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

LATEEF JABRALL MCGANN, age 23, of Martinsburg, was sentence to 7 months in prison and 29 months of supervised release for testing positive for the use of marijuana, being untruthful with probation officer and being arrested for fleeing from the Martinsburg police. MCGANN was originally sentenced on December 10, 2009, to 57 months in prison and three years of supervised release for possession with intent to distribute crack cocaine and felon in possession of a firearm. MCGANN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys John C. Parr, Randolph J. Bernard, Robert H. McWilliams, Jr., Stephen D. Warner and 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.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Wheeling man who was selling cocaine and heroin from a local hotel has been convicted on drug and gun charges and now faces a minimum of five years in federal prison.

United States Attorney William J. Ihlenfeld, II, announced that DALE A. DAVIS, also known as “Big Loc”, age 36, of Wheeling, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine” and “Possession of a Firearm in Furtherance of a Drug Trafficking Offense.” In August of 2013 the Ohio Valley Drug Task Force utilized an informant to make controlled purchases of cocaine and heroin from DAVIS at the Knights Inn (formerly the Wheeling Inn) on Main Street in Wheeling. After the controlled purchases were made the Task Force obtained a search warrant for the hotel room and DAVIS was found to have a 9mm pistol, cocaine, heroin, and approximately $2,400 in cash.

DAVIS is in custody pending sentencing and faces at least 5 years in prison and up to 20 years. The case was prosecuted by Ihlenfeld and was heard by Judge Frederick P. Stamp, Jr.

In another matter before Judge Stamp, DANIEL BANKS, age 37, of Wheeling, was sentenced to 46 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of a Protected Location” as well as violations of supervised release. BANKS was also ordered to forfeit $2,565 in U.S. currency which constituted proceeds from the illegal drug activity. BANKS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the Ohio Valley Drug Task Force.

REBECCA L. LAMP, age 50, of New Cumberland, West Virginia, entered a plea of guilty before Judge Stamp to “Acquiring or Obtaining a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge.” LAMP, who is free on bond pending sentencing, faces up to 4 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and was investigated by the West Virginia State Police-Bureau of Criminal Investigations.

STEDMUND CREECH, age 23, of Grafton, Ohio, entered a plea of guilty to “Felon in Possession of a Firearm” before U.S. Magistrate Judge James E. Seibert. CREECH, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Randolph J. Bernard and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – Ten individuals were sentenced by Chief Judge John Preston Bailey on methamphetamine-related drug charges.

United States Attorney William J. Ihlenfeld, II, announced that:

KEVIN LEE GREGORY, age 43, of Cleveland, West Virginia, was sentenced to 157 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine,” and “Felon in Possession of a Firearm.” The Court also ordered the forfeiture of $1,440 in U.S. currency, three cell phones, surveillance equipment and a Mossberg 12 gauge shotgun. GREGORY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the West Virginia State Police, the United States Marshals Service and the Webster County Sheriff’s Office.

Elkins residents MICHAEL WAYNE JOHNSON, age 32, was sentenced to 120 months in prison and three years of supervised release; NICOLE ROSELLA SPOR, age 37, was sentenced to 78 months in prison and three years of supervised release; and, EILEEN MICHAEL DESHAYES, age 28, was sentenced to 41 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” JOHNSON and SPOR were remanded to the custody of the United States Marshal pending designation to a Federal institution. DESHAYES, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the Mountain Region Drug and Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigations, U.S. Forest Service, Randolph County Sheriff’s Department, Tucker County Sheriff’s Department and the DEA.

ERIC SCOTT PENNINGTON, age 30, of Parsons, West Virginia, was sentenced to 97 months in prison and three years of supervised release; MICHAEL LUTHER WHITE, age 22 of Thomas, West Virginia, was sentenced to 30 months in prison and three years of supervised release; and MISTY AUTUMN GRAFTON, age 26, of Hambleton, West Virginia, was sentenced to five years probation for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” PENNINGTON was remanded to the custody of the United States Marshal pending designation to a Federal institution and WHITE, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the Tucker County Sheriff’s Department, the U.S. Forest Service and the West Virginia State Police.

RONNIE GERALD BELT, age 52, of Camden on Gauley, West Virginia, was sentenced to 97 months in prison and three years of supervised release for “Possession of Material to be Used in the Manufacture of Methamphetamine.” BELT was remanded to the custody of the United States Marshal pending designation to a Federal Institution. This case was investigated by the West Virginia State Police.

TIMOTHY ALLEN HAWKS, age 20, of Moorefield, West Virginia, was sentenced to 46 months in prison and three years of supervised release for “Possession of Material to be Used in the Manufacture of Methamphetamine.” HAWKS was remanded to the custody of the United States Marshal pending designation to a Federal institution. This 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 and US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI); the Grant County Sheriff’s Office, the Hardy County Sheriff’s Office and the Moorefield Police Department.

MATTHEW PAUL SELLERS, age 25, of Annapolis, Maryland, was sentenced to 41 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” SELLERS, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the Lewis County Sheriff’s Department and the West Virginia State Police.

The above cases were prosecuted by Assistant U.S. Attorney Stephen D. Warner.

In other cases before Judge Bailey:

DONNA STURM, age 32, of Belington, West Virginia, was sentenced to 24 months in prison and three years of supervised release for “Distribution of Marijuana” and “Felon in Possession of a Firearm.” STURM, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant U.S. Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the West Virginia State Police.

KENNETH RAY ANDERSON, age 40, of Cleveland, West Virginia, was sentenced to 33 months in prison and three years of supervised release for “Possession of a Firearm with a Shortened Barrel.” ANDERSON, who is free on bond, will self-report to the designated Federal institution.

BENJAMIN MCWILLIAMS, age 39, of Beverly, West Virginia, was sentenced to 18 months in prison and three years of supervised release for “Embezzlement.” MCWILLIAMS embezzled from his employee’s pension benefit fund while he was owner and operator of McWilliams Masonry. The Court ordered MCWILLIAMS to make restitution in the amount of $149,101 to his employee’s pension benefit plan as well as the forfeiture of a $90,000 money judgment. This case was investigated by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the Department of Labor Office of Inspector General, the Federal Bureau of Investigation and the West Virginia Insurance Commission Office of Inspector General.

In a hearing before Magistrate Judge John S. Kaull: BARBARA ANN SPIVA, age 47, of Elkins, entered a plea of guilty to “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. SPIVA, who is in custody pending sentencing faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the Randolph County Sheriff’s Department and the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A Martinsburg man has been sentenced to federal prison for cocaine distribution.

United States Attorney William J. Ihlenfeld, II announced that DERRICK WAYNE WELLS, JR., a/k/a “JO JO,” age 24, of Martinsburg, was sentenced to 87 months in prison and three years of supervised release for “Possession with Intent to Distribute Crack Cocaine.” WELLS was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Jarod J. 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, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.

Ihlenfeld also announced that SANDRA KUHNS, age 60, of Martinsburg, entered a plea of guilty to “False Bankruptcy Declaration.” Between December of 2009 and June of 2012, KUHNS intentionally under-reported the fees she charged and received as a bankruptcy petition preparer on more than 40 bankruptcy petitions. KUHNS, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the Federal Bureau of Investigation.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WV – Four individuals appeared in Federal Court in Clarksburg and entered pleas of guilty before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that:

MARKUS GERALD BARNETT a/k/a “MARKIE,” age 33, of Clarksburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of the Oakmound Apartments.” BARNETT, who is free on bond pending sentencing, faces up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower.

STANLEY DYE, JR., age 31, of Detroit, Michigan, entered a plea of guilty to “Possession with Intent to Distribute Oxycodone.” DYE, who is in custody pending sentencing faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan.

The BARNETT and DYE cases were investigated by the Greater Harrison Drug and Violent Crime 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, the United States Postal Inspection Service; and, the United States Marshals Service.

VERONICA LEE DOUGHERTY, age 34, of Elkins, West Virginia, entered a plea of guilty to “Possession with Intent to Distribute Marijuana.” DOUGHERTY, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the United States Postal Inspection Service.

IMANI NOKIA WALKER, age 25, of Brookyn, New York, entered a plea of guilty to
“Conspiracy to Utter Counterfeit Bills” from January 20, 2012, to February
13, 2012, in Morgantown, West Virginia. WALKER, who is free on bond pending sentencing, faces up to 5 years in prison. The case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the United States Secret Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – A 49-year old Ohio resident was sentenced to prison for violations of environmental laws by Chief Judge John Preston Bailey.

United States Attorney William J. Ihlenfeld, II, announced that BRIAN LEE COBB was sentenced to 24 months in prison and three years of supervised release for “Transportation of Hazardous Waste without a Manifest” and “Concealment of a Material Fact.” COBB was remanded to the custody of the United States Marshal pending designation to a Federal institution.

“COBB allowed the illegal transportation of hazardous waste with no regard for the dangers it posed," said David G. McLeod, Jr., Special Agent in Charge of EPA's criminal enforcement program for the Mid Atlantic. "False statements seriously weaken the integrity of the entire system. Today's sentencing demonstrates that those who refuse to comply with the law, putting the public and the environment at risk, will be vigorously prosecuted."

This case was prosecuted by Assistant U.S. Attorney David J. Perri and Special Assistant U.S. Attorney Perry McDaniel and investigated by the Environmental Protection Agency.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – A supervisor with the state Division of Highways has been charged with making a false statement to a federal agent.

United States Attorney William J. Ihlenfeld, II, announced that Barry D. THOMPSON, 48 years old, of Mount Clare, West Virginia, was indicted by a federal grand jury yesterday on one count of "False Statement to a Federal Agent." THOMPSON is charged with making materially false statements last month to an F.B.I. agent who questioned him as part of an ongoing federal investigation into the Equipment Division of the West Virginia Division of Highways. THOMPSON works as a supervisor at the Buckhannon office of the DOH.

An indictment is merely an accusation and THOMPSON is presumed innocent until and unless proven guilty. THOMPSON faces up to five years in prison and a fine of up to $250,000 if he is convicted. Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offense and his prior criminal history, if any.

This case is being prosecuted by Assistant United States Attorney John C. Parr and was investigated by the U.S. Attorney’s Office Public Corruption Unit. Agents and officers from the Federal Bureau of Investigation, the West Virginia State Police, and the State Commission on Special Investigations are leading the inquiry.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – The Barbour County Sheriff admitted to insurance fraud on Thursday in federal court and resigned his position as the chief law enforcement officer in the county.

United States Attorney William J. Ihlenfeld, II announced that JOHN W. HAWKINS, 47 years of age, of Philipi, West Virginia, entered a guilty plea to a felony Information charging him with “Mail Fraud.” HAWKINS admitted to staging an automobile accident in April of 2013 and then, with the assistance of one his deputies, fabricating a report for submission to Nationwide Insurance Company so that his claim would be approved. HAWKINS asserted that while driving his 2004 GMC Envoy he accidentally drove off Jerusalem Church Road in Philipi and ran into a tree. However, a review of the claim file revealed inconsistencies in HAWKINS’ story. Photographs taken by the insurance adjuster and information from the vehicle’s data recorder contradicted HAWKINS’ version of events. Witnesses familiar with the scheme advised investigators that the story provided by HAWKINS was false.

HAWKINS used the United States Mail to make a fraudulent claim in the amount of $8,262.65, which was paid to him by Nationwide last year. HAWKINS also used his official Barbour County email account to communicate with Nationwide regarding his false claim.

“The defendant used his position as sheriff to take advantage of the insurance claims process and to receive a substantial financial benefit,” said U.S. Attorney Ihlenfeld. “The false accident report that he ordered his deputy to create helped to substantiate his claim, as did the fact that he was a law enforcement officer himself. By abusing the authority of his position Sheriff Hawkins violated the trust that the citizens of Barbour County placed in him when he was elected.”

As part of his plea agreement HAWKINS must make full restitution to Nationwide Insurance Company. HAWKINS also is required to resign as the Sheriff of Barbour County, to relinquish his West Virginia Law Enforcement Certification, and to agree to never again serve as a law enforcement officer.

The United States Attorney’s Office agreed not to pursue other investigations into the conduct of HAWKINS, including his alleged mishandling of an estate in his official capacity as sheriff, allegations of missing funds from the sheriff’s tax office, and potential civil rights violations.

The investigation into others who may have been involved in the scheme is ongoing, according to Ihlenfeld.
HAWKINS faces up to twenty years and a fine of up to $250,000 when he is sentenced. Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offense and his prior criminal history, if any.

This case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the U.S. Attorney’s Office Public Corruption Unit. Agents and officers from the Federal Bureau of Investigation and the West Virginia State Police led the inquiry into HAWKINS. Assistance was provided by the West Virginia Insurance Commission, Fraud Investigations Division.

Ihlenfeld urges anyone with information regarding public corruption in their community to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (1-855-982-3337), or to send an email to [email protected].

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Ten others appear for pleas and sentencings

MARTINSBURG, WEST VIRGINIA – Three individuals sentenced on firearms charges by Judge Gina M. Groh.

United States Attorney William J. Ihlenfeld, II announced that:

CHARLES WILLIAM JONES, III, a/k/a “TREY,” age 27, of Glen Burnie, Maryland, was sentenced to 60 months in prison and 3 years of supervised release for “Possession of Firearms by a Drug User.” On August 27, 2012, in an undercover investigation, JONES sold 14 firearms which he had just stolen, to an undercover officer for $3,000. At that time, JONES was an illegal user of cocaine. JONES, who is free on bond, will self-report to the designated Federal institution on March 11, 2014.

CODY ASHBY, age 22, of Martinsburg, was sentenced to 51 months in prison and 3 years of supervised release for “Felon in Possession of a Firearm.” ASHBY was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MATTHEW TODD CRIM, age 21, of Berkeley County, was sentenced to 27 months in prison and 3 years of supervised release for “Possession of a Firearm with an Obliterated Serial Number.” CRIM 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 Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Berkeley County Sheriff’s Department.

In other hearings before Judge Groh: JOSEA LORENZO HICKS, age 35, of Washington, D.C., was sentenced to 16 months in prison and 3 years of supervised release for “Distribution of Crack Cocaine.” HICKS was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower.

ADAM BRADY, age 21, of Martinsburg, was sentenced to 12 months in prison and 6 years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of the Burke Street Elementary School.” BRADY was remanded to the custody of the United States Marshal pending designation to a Federal institution. Co-defendant MONICA GREEN, age 35, of Martinsburg, was sentenced to 5 years probation for “Aiding and Abetting the Distribution of Crack Cocaine.” This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin.

ASHLEY SEAL, age 25, of Bunker Hill, West Virginia, was sentenced to 3 years probation for “Aiding and Abetting the Distribution of Crack Cocaine.” This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas.

These three cases were investigated 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, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
BRANDON BARTLEY, age 30, of Martinsburg, was sentenced to 3 years probation for “Prescription Fraud.” This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Drug Enforcement Administration.

MITCHELL LAMONT FERNANDO, age 31, of Washington, DC, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Burke Street Elementary School.” FERNANDO, who is in custody pending sentencing, faces up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen Vogrin 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.

TALBERT FOSTER DEHAVEN, III, age 36, of Winchester, Virginia, entered a plea of guilty to “Possessing a United States Marshal Badge.” DEHAVEN, claiming to be a U.S. Marshal engaged in the location and apprehension of a wanted criminal, displayed this badge at several nightclubs in Berkeley County. DEHAVEN, who is free on bond, faces up to six months in prison. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the United States Marshals Service.

In plea hearings before Magistrate Judge James E. Seibert: RAHANEED GORDON, age 35, of Waynesboro, Pennsylvania, entered a plea of guilty to “Distribution of 100.2 Grams of Heroin.” GORDON, who is in custody pending sentencing, faces up to 40 years in prison, and as part of his plea, has agreed to forfeit his interest in $990.25 in U.S. currency. This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas.

MICHAEL STOTLER, age 23, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” STOTLER, who is in custody pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.
The GORDON and STOTLER cases were investigated the Eastern Panhandle Drug & Violent Crime Task Force.

PHILLIP WAYNE WERTZ, age 46, of Keyser, West Virginia, entered a plea of guilty to “Possession of Child Pornography.” WERTZ, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Ten individuals involved in the distribution of heroin in the Clarksburg and Morgantown areas entered pleas of guilty before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that:

TRAYVON TERELL SNOE, age 22, of Pittsburgh, Pennsylvania; MEGAN LEE GRAEBER, age 28, of Bridgeport, West Virginia; and, SAMANTA COTTRILL, age 22, of Hepzibah, West Virginia, entered pleas of guilty to “Distribution of Heroin within 1,000 Feet of Pierpont Community and Technical College,” and co-defendant CRYSTAL DAWN ROTH, age 31, of Walkersville, West Virginia, entered a plea of guilty to “Possession with Intent to Distribute Heroin.” SNOE and GRAEBER, who are in custody and COTTRILL, who is free on bond pending sentencing face up to 40 years in prison. ROTH, who is free on bond pending sentencing, faces up to 20 years in prison. As part of their pleas, $2,104 that was seized on October 29, 2013, will be forfeited. The case was prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the by the Greater Harrison County Drug and Violent Crime Task Force consists 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, the United States Postal Inspection Service; and, the United States Marshals Service. The case will be prosecuted by Criminal Chief Shawn A. Morgan

CHARLES E. JEFFERSON, JR. a/k/a “LC,” age 26, of Westover, West Virginia; WILLIAM A. BLOSSER, age 29, of Morgantown, entered pleas of guilty to “Distribution of Heroin.” Co-defendants WRIGHT BOWEN, age 31, of Core, West Virginia, BRITTANY BOWER, age 27 of Morgantown; BARTLEY JEFFERSON a/k/a “BART,” age 24, of Morgantown; and, JASON HUNT, age 32, of Core, entered pleas of guilty to “Distribution of Heroin within 1,000 feet of West Virginia University and Tot Lot playground at Marjorie Gardens.” JEFFERSON and BLOSSER, who are in custody pending sentencing, face up to 20 years in prison. BOWEN, JEFFERSON and HUNT, who are free on bond and BOWER who is in custody pending sentencing face up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Zelda E. Wesley and was investigated by the Mon Valley Drug Task Force, comprised of officers from the Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration, assisted by the Federal Bureau of Investigation.
In another drug investigation:

ROGIE JOHNSON, age 29, of Morgantown, entered a plea of guilty to “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.” JOHNSON, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Zelda E. Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of January, four 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.)

RECECCA BLAKE, age 31, of Cameron, West Virginia, was sentenced to 12 months and 1 day in prison for possession and use of cocaine and marijuana; failure to report for drug testing; associating with persons engaged in criminal activity; and committing another offense of public intoxication and excessive use of alcohol. BLAKE was originally sentenced on March 13, 2005, to 41 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a playground. On February 20, 2008, BLAKE’s sentence was reduced to 33 months in prison pursuant to the crack resentencing guidelines. BLAKE will self-report to the designated Federal institution on February 11, 2014.

CHARLES REEDER, age 53, of Newell, West Virginia, was sentenced to 12 months and 1 day in prison and two years of supervised release for possession and distribution of marijuana. REEDER was originally sentenced on January 14, 2011, to three years probation for possession with intent to distribute hydrocodone. REEDER will self-report to the designated Federal institution on February 10, 2014.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

STEVEN SMITH, age 29, of Clarksburg, West Virginia, was sentenced to 12 months in prison for fleeing from law enforcement and consumption of alcohol. SMITH was originally sentenced on December 16, 2005, to 18 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a school. On July 8, 2008, SMITH’s supervised release was revoked for committing the offense of disorderly conduct and obstructing and he was sentenced to 6 months in prison and 66 months of supervised release. On September 2, 2009, SMITH’s supervised release was again revoked for committing the offense of domestic battery, driving under influence, possession of alcohol, use of marijuana and failure to attend scheduled meetings with his tutor at Literacy Volunteers of Harrison County, and he was sentenced to 12 months in prison and 54 months of supervised release. SMITH was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
RASEAN POLLARD, age 27, of Martinsburg, West Virginia, was sentenced to 12 months and 1 day in prison and four years of supervised release for testing positive for use of morphine, suboxone and cocaine, failure to report to probation officer, submitting untruthful monthly reports to probation office, being untruthful with probation officer and failure to notify probation officer of address chance. POLLARD was originally sentenced to 12 months in prison and six years of supervised release for distribution of cocaine within 1,000 feet of a school. On September 11, 2012, POLLARD’s supervised release was revoked for traveling outside travel area without permission from probation office, providing untruthful statements on monthly report to probation office, failure to follow probation officer’s instructions and failure to report law enforcement contact to probation office. POLLARD was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys John C. Parr, Randolph J. Bernard, Shawn A. Morgan and 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.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of January, four 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.)

RECECCA BLAKE, age 31, of Cameron, West Virginia, was sentenced to 12 months and 1 day in prison for possession and use of cocaine and marijuana; failure to report for drug testing; associating with persons engaged in criminal activity; and committing another offense of public intoxication and excessive use of alcohol. BLAKE was originally sentenced on March 13, 2005, to 41 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a playground. On February 20, 2008, BLAKE’s sentence was reduced to 33 months in prison pursuant to the crack resentencing guidelines. BLAKE will self-report to the designated Federal institution on February 11, 2014.

CHARLES REEDER, age 53, of Newell, West Virginia, was sentenced to 12 months and 1 day in prison and two years of supervised release for possession and distribution of marijuana. REEDER was originally sentenced on January 14, 2011, to three years probation for possession with intent to distribute hydrocodone. REEDER will self-report to the designated Federal institution on February 10, 2014.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

STEVEN SMITH, age 29, of Clarksburg, West Virginia, was sentenced to 12 months in prison for fleeing from law enforcement and consumption of alcohol. SMITH was originally sentenced on December 16, 2005, to 18 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a school. On July 8, 2008, SMITH’s supervised release was revoked for committing the offense of disorderly conduct and obstructing and he was sentenced to 6 months in prison and 66 months of supervised release. On September 2, 2009, SMITH’s supervised release was again revoked for committing the offense of domestic battery, driving under influence, possession of alcohol, use of marijuana and failure to attend scheduled meetings with his tutor at Literacy Volunteers of Harrison County, and he was sentenced to 12 months in prison and 54 months of supervised release. SMITH was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)

RASEAN POLLARD, age 27, of Martinsburg, West Virginia, was sentenced to 12 months and 1 day in prison and four years of supervised release for testing positive for use of morphine, suboxone and cocaine, failure to report to probation officer, submitting untruthful monthly reports to probation office, being untruthful with probation officer and failure to notify probation officer of address chance. POLLARD was originally sentenced to 12 months in prison and six years of supervised release for distribution of cocaine within 1,000 feet of a school. On September 11, 2012, POLLARD’s supervised release was revoked for traveling outside travel area without permission from probation office, providing untruthful statements on monthly report to probation office, failure to follow probation officer’s instructions and failure to report law enforcement contact to probation office. POLLARD was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys John C. Parr, Randolph J. Bernard, Shawn A. Morgan and 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.