Northern District of West Virginia
Press releases recorded for this federal judicial district.
Triadelphia Resident Convicted on Federal Firearms Charge Defendant Faces up to Ten Years in PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - A 44-year old Triadelphia, West Virginia, man was convicted this week by a federal jury of being a felon in possession of a firearm.
According to United States Attorney William J. Ihlenfeld, II, BRIAN BEHRENS was convicted of the felony offense of “Prohibited Person in Possession of a Firearm” after a two-day jury trial. Evidence was offered at trial showed that BEHRENS possessed a loaded Remington Model 700 7MM Caliber Magnum Hunting Rifle in a vehicle on McCutcheon Road in Ohio County while hunting for deer last November. BEHRENS was approached by a West Virginia Department of Natural Resources officer and initially provided a false name before acknowledging his true identity.
BEHRENS was prohibited from possessing a firearm due to a prior felony conviction in federal court in West Virginia for “Possession of a Firearm and Ammunition after Conviction for Domestic Violence.”
BEHRENS, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia DNR Law Enforcement Section.
Martinsburg Residents Convicted of Heroin DistributionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that two Martinsburg residents were convicted for selling heroin.BENJAMIN CHAVIS, II, age 54, and CHARLOTTE JENKINS SMITH, age 39 of Martinsburg entered pleas of guilty to “Distribution of Heroin” in the Berkeley County area. CHAVIS and SMITH, who are currently free on bond pending sentencing, face up to 20 years imprisonment.
These cases were prosecuted by Assistant United States Attorneys Jarod J. Douglas and Robert H. McWilliams, Jr. and were 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.
In a separate case, Ihlenfeld stated that NIKKI RENE ELLISON, age 25, of Martinsburg, entered a plea of guilty to “False Representation in Application for a United States Passport.” ELLISON, who is free on bond pending sentencing, faces up to 10 years imprisonment.
This case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the United States Department of State, Diplomatic Services.
Federal Inmate Sentenced to 20 Additional Years for Assault on Prison StaffRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Four Others Appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that a federal prisoner will serve an additional 20 years of time as a result of his attack on officials at a prison in Preston County, West Virginia.TARVIS LEVITICUS DUNHAM, age 42, a former inmate at the United States Penitentiary in Hazelton, West Virginia, was sentenced to 240 months imprisonment to run consecutive to the 300-month sentence he is currently serving. DUNHAM was convicted on January 29, 2013, after a six-day trial on one count of “Obstructing Justice by Retaliating Against a Witness,” and five counts of “Assaulting, Resisting and Impeding Certain Officers or Employees of the Bureau of Prisons.” Trial evidence indicated that in 2011 DUNHAM attempted to retaliate against a case manager for producing a record and document during disciplinary proceedings conducted by the Bureau of Prisons relating to an incident that occurred the year befere. DUNHAM forcibly assaulted the case manager and when other Correctional Officers attempted to restrain DUNHAM, he forcibly assaulted them by kicking and biting them. He also refused to comply with their orders before they were able to restrain and handcuff him. DUNHAM was transferred to another United States Penitentiary that same day. A week after the incident, the staff at USP Lee recorded a telephone call between DUNHAM and his mother where DUNHAM told his mother that he “about near killed that woman.”
This case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at USP Hazelton.GARY MOORE, age 37, an inmate at USP Hazelton, entered a plea of guilty to “Possession of a Prohibited Object” when staff at the satellite camp at USP Hazelton found a cell phone during a random search. MOORE was sentenced to 3 months imprisonment to run consecutive to his current 199-month sentence.
SEAN WILLIAMS, age 35, an inmate at USP Hazelton, entered a plea of guilty to “Indecent Exposure.” BATTLE was sentenced to 90 days imprisonment to run consecutive to the 188-month sentence that he is already serving.
ALBERT MEIER, age 24, an inmate at USP Hazelton, entered a plea of guilty to “Possession of a Prohibited Object” when staff at USP Hazelton observed MEIER talking on a cell phone. MEIER ignored commands from staff and attempted to run, with the staff eventually finding the cell phone in his pants. MEIER faces up to 1 additional year of imprisonment.
The MOORE, WILLIAMS and MEIER cases were prosecuted by Assistant United States Attorney Flower and investigated by the Special Investigative Services Unit at USP Hazleton.
DAVID SOKOLOWSKI, age 42, of Point Marion, Pennsylvania, was sentenced to six days imprisonment for “Assault of a VA Police Officer” on February 15, 2012, at the Louis A. Johnson VA Medical Center. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by VA Police.
Eight Individuals Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Six given prison sentences for drug convictions
ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II announced that eight individuals recently appeared in Federal Court in Elkins for sentencing.
WILLIAM TRENT RICHARDSON, age 21, of French Creek, West Virginia, was sentenced to 74 months imprisonment, three years of supervised release and a fine of $3,000 for “Maintaining a Drug-Involved Premise” from February 2 to September 13, 2012, to manufacture, store, distribute and use methamphetamine. The Court also ordered RICHARDSON to make restitution in the amount of $2,496 to the Drug Enforcement Administration for the clean-up of the methamphetamine lab.
DANIEL RAY PHARES, age 44, of Elkins, was sentenced to 70 months imprisonment and three years of supervised release for “Manufacturing Marijuana.” The Court also ordered the forfeiture of $950.01 as proceeds of the illegal activity, as well as a .22 rifle and ammunition.
ALAN LEE STANLEY, age 33, of Buckhannon, West Virginia, was sentenced to 57 months imprisonment and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.”
MICHELLE LEE STOCKING, age 23, of Moorefield, West Virginia, was sentenced to 51 months imprisonment and two years of supervised release for “Possession of Materials Used in the Manufacturing of Methamphetamine.”
KAYLA LYNN EVANS, age 39, of Moorefield, was sentenced to 41 months imprisonment and three years of supervised release for “Possession of Materials Used in the Manufacturing of Methamphetamine.”
SHALAE STUDER, age 22, of Elkins, was sentenced to 33 months imprisonment and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.”
KYLE LEE HEFT, age 35, of Mahoney City, Pennsylvania, was sentenced to 10 months imprisonment and 20 years of supervised release for “Failure to Update Sex Offender Registry.”
RICHARDSON, PHARES, STANLEY, STOCKING, EVANS, STUDER and HEFT were remanded to the custody of the United States Marshal pending designation to a Federal institution.
RICHARD MAURICE HADDIX, age 33, of Elkins, was sentenced to 5 years probation for “Wire Fraud.” The Court also ordered HADDIX to pay restitution in the amount of $102,260.
These cases were prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the West Virginia State Police; Upshur County Sheriff’s Department; Elkins Police Department; Randolph County Sheriff’s Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Buckhannon Police Department; Moorefield Police Department; the Potomac Highlands Drug and Violent Crimes Task Force consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations; the United States Forest Service Law Enforcement; and the Northern District of West Virginia and the Middle District of Pennsylvania United States Marshals Service.Greater Harrison Drug Task Force Investigations Lead to Federal IndictmentsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced that investigations by the Greater Harrison Drug & Violent Crime Task Force have led to federal indictments being returned this week in Clarksburg.
LEROY ROUSSEAU a/k/a “BLACK,” of Clarksburg and formerly of Washington, D.C. was charged with four counts of “Distribution of Crack Cocaine within 1,000 Feet of the Clarksburg City Park Playground,” one count of “Distribution of Crack Cocaine within 1,000
Feet of Pierpont Community and Technical College,” one count of “Possession with Intent to Distribute Heroin within 1,000 Feet of the Clarksburg City Park Playground,” one count of “Employment and Use of a Person Under 18 Years of Age in Drug Operations,” one count of “Possession with Intent to Distribute Crack Cocaine,” and, one count of “Felon in Possession of a Firearm.”The U.S. Attorney’s Office is seeking to forfeit a Haskell .45 caliber pistol as property used or intended to be used to commit the charged offenses.
ROUSSEAU faces up to forty years in prison on the sales and possession with intent to distribute charges that occurred near a protected location; twenty years imprisonment on the possession with intent to distribute charge; and, 10 years imprisonment on the felon in possession charge.
In a separate case, JUSTIN ZACHARY ROSA a/k/a “PEE WEE,” age 19 and NICHOLE NIKKI PIERCE, age 21, of Clarksburg were named in a nine-count Indictment charging them with“Conspiracy to Possess with Intent to Distribute and to Distribute Heroin.”
ROSA faces a total of nine counts and PIERCE faces a total of four counts.
In addition to the conspiracy charge, other charges include “Distribution and Possession with Intent to Distribute Heroin”, “Distribution and Possession with Intent to Distribute Heroin within 1,000 Feet of Nutter Fort Elementary School,” “Possession of a Firearm in Furtherance of Drug Trafficking Offenses,” “Felon in Possession of a Firearm;” and “Uttering Counterfeit Obligations.”
The U.S. Attorney’s Office is seeking to forfeit $4,822.46 in United States currency which constitutes proceeds obtained from the illegal activity as well as a cellular phone and a Smith and Wesson revolver.
ROSA and PIERCE each face up to twenty years on the conspiracy, distribution and possession with intent to distribute charges; up to forty years in prison on the sales and possession that occurred near a protected location; five years to life on the possession of a firearm to further the drug activity; and, ten years on the felon in possession charge.
The ROUSSEAU, ROSA, and PIERCE cases were investigated 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 cases will be prosecuted by Criminal Chief Shawn A. Morgan, and the United States Secret Service also assisted with the ROSA and PIERCE investigations.
A California man was also indicted by the grand jury this week. CHARLES EVERETTE LEVINE, age 36, of Oakland, California, was named in a three-count Indictment charging him with two counts of “Bank Fraud” and one count of “Access Device Fraud.” The U.S. Attorney’s Office is seeking to forfeit a $25,000 money judgment which constitutes proceeds obtained from the illegal activity.
LEVINE faces up to thirty years on the bank fraud charges and up to ten years on the access device fraud charge. The case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the United States Secret Service.
The charges contained in the indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
CorrectedRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Local Chiropractor Sentenced on
Health Care Fraud and Tax Evasion ChargesWHEELING, WEST VIRGINIA - A local chiropractor was sentenced on September
5, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.The United States Attorney’s Office announced that:
JOSEPH J. YURIGAN, age 62, of New Alexandria, Pennsylvania, was sentenced to 18 months imprisonment to be followed by two years of supervised release. YURIGAN entered pleas of guilty on October 9, 2012, to one count of Health Care Fraud by submitting a fraudulent claim to a health care benefit program and one count of Income Tax Evasion for the calendar year 2008. YURIGAN a doctor of chiropractic medicine and licensed to practice in the State of West Virginia operated two chiropractic clinics in the Northern District of West Virginia. One clinic is located in Weirton, West Virginia and is operated under the name Weirton Chiropractic Clinic. The other clinic was operated under the name Wheeling Spine Center.
As part of his plea, YURIGAN will make restitution of $513,373.92 for the health care violation and $322,692.03 for the tax evasion violation.
YURIGAN, who is free on bond, will self-report to the designated Federal institution on October 7, 2013.
This case was prosecuted by Assistant United States Attorneys Randolph J. Bernard and Alan G. McGonigal and investigated by the Federal Bureau of Investigation, the Ohio Bureau of Workers Compensation-Special Investigations Department, the West Virginia Insurance Commission-Fraud Investigation Unit and the Internal Revenue Service-Criminal Investigations.
Ten Individuals Sentenced During the Month of August for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of August, 2013, ten (10) 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.)
THOMAS MACNEILL, age 31, of Steubenville, Ohio, was sentenced to 12 months and
1 day imprisonment for possession and use of synthetic marijuana, oxycodone and morphine and failure to attend substance abuse treatment appointments. MACNEILL was originally sentenced on August 19, 2008, to 51 months imprisonment and three years of supervised release for interstate travel to promote the distribution of heroin. MACNEILL was remanded to the custody of the United States Marshal pending designation to a Federal institution.JEROME BLEDSOE, age 58, of Wheeling, was sentenced to 10 months imprisonment for testing positive for the use of cocaine on two separate occasions. BLEDSOE was originally sentenced on December 18, 2007, to 63 months imprisonment and five years of supervised release for conspiracy to distribute crack cocaine and cocaine HCL. On May 7, 2012, BLEDSOE’s supervised release was revoked and he was sentenced to 48 hours imprisonment and 4 years of supervised release for testing positive for the use of cocaine. BLEDSOE will self-report to the designated Federal institution.
KEISHA RENEE PHILLIPS, age 25, of Wheeling, was sentenced to 9 months imprisonment for possession and use of alcohol, failure to comply with her mental health and substance abuse treatment program, conviction in Ohio County for shoplifting, and a DUI arrest in Pennsylvania. PHILLIPS was originally sentenced on July 29, 2011, to two years probation for providing false statements to a Deputy United States Marshal. On August 14,
2012, PHILLIPS’ supervised release was revoked and she was sentenced to 30 days imprisonment for failure to report law enforcement contact to the probation office. PHILLIPS will self-report to the designated Federal institution.The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Randolph J. Bernard.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
DIONNE JAY LEWIS, age 43, of Fairmont, West Virginia, was sentenced to 12 months and 1 day imprisonment for unlawful use and possession of a controlled substance. LEWIS was originally sentenced on August 17, 2008, to 68 months imprisonment and three years of supervised release for possession with intent to distribute crack cocaine and distribution of crack cocaine. On October 28, 2011, LEWIS’ sentence was reduced to 56 months pursuant to the crack re-sentencing guidelines. LEWIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.PETROUS NGOZI HAWKINS, 34, of Whitehall, West Virginia, was sentenced to 10 months imprisonment to be followed by 38 months of supervised release for a new arrest by the Morgantown Police Department and being charged in Monongalia County Magistrate Court with being a felon in possession of a firearm, concealing stolen property and possession of a loaded firearm in vehicle. HAWKINS was originally sentenced on March 21, 2009, to 12 months and 1 day imprisonment and 4 years of supervised release for attempted possession with intent to distribute marijuana within 1,000 feet of a protected location. HAWKINS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
TIMOTHY PAUL CONNOLLY, age 34, of Clarksburg, was sentenced to 7 months imprisonment to be followed by 29 months of supervised release for testing positive for the use of narcotics. CONNOLLY was originally sentenced on September 4, 2008, to 57 months imprisonment and 3 years of supervised release for being a convicted felon in possession of a firearm. On May 16, 2010, CONNOLLY’s sentenced was reduced to 36 months imprisonment. CONNOLLY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorneys Shawn A. Morgan and Zelda E. Wesley.MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
MELISSA KEMP, age 35, of Hedgesville, West Virginia, was sentenced to 18 months imprisonment for testing positive for the use of codeine, morphine, hydromorphone and cocaine and associating with convicted felons without her probation officer’s permission. KEMP was originally sentenced on July 6, 2011, to 10 months imprisonment and 6 years of supervised release for the distribution of heroin. On May 10, 2012, KEMP’s supervised release was revoked and she was sentenced to 12 months and 1 day imprisonment and 59 months of supervised release for providing false information to her probation officer regarding status of driver’s license and testing positive for the use of cocaine and morphine. KEMP was remanded to the custody of the United States Marshal pending designation to a Federal institution.JOHN FERGUSON, age 45, of Shenandoah Junction, West Virginia, was sentenced to
16 months imprisonment to be followed by 20 months of supervised release for a new arrest
for possession with intent to distribute crack cocaine and sexual assault 2nd degree.
FERGUSON was originally sentenced on August 16, 2010, to 37 months imprisonment and three years of supervised release for the distribution of crack cocaine. FERGUSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.MELVIN WHITE, age 32, of Charles Town, West Virginia, was sentenced to 10 months imprisonment to be followed by 38 months of supervised release for failure to timely submit monthly reports to the probation office, possession of controlled substances, testing positive for the use of controlled substances, failure to be truthful with the probation officer, and failure to report to the probation office as directed. On September 11, 2012, WHITE’s supervised release was revoked and he was sentenced to 5 months imprisonment and 20 months of supervised release for failure to timely report a change of address, traveling outside the district without prior approval, and a new violation for drug possession. WHITE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
OLIN GASKINS, age 36, of Capon Bridge, West Virginia, was sentenced to 7 months imprisonment to be followed by 36 months of supervised release for use of controlled substance, associating with a convicted felon without his probation officer’s permission, failure to timely notify probation officer of change of address and failure to be truthful with the probation officer. GASKINS was originally sentenced on January 29, 2007, to 70 months imprisonment and 3 years of supervised release for being a convicted felon in possession of a firearm. GASKINS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Six Tucker County Residents Indicted on Methamphetamine ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Two others indicted by Elkins Grand Jury
ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced that a Federal Grand Jury sitting in Elkins returned a 39-count indictment charging six Tucker County residents with drug charges related to the manufacture of methamphetamine.
DESTRY SETH POLING, age 26, of Parsons, West Virginia; SHANNON DAVID FLAGG a/k/a “SHANE,” age 40, of Hambleton, West Virginia, SUSAN CHLOE RIDLEY, age
47, of Parsons, MISTY AUTUMN GRAFTON, age 25, of Hambleton, ERIC SCOTT PENNINGTON, age 29, of Parsons, and MICHAEL LUTHER WHITE, age 22, of Thomas, West Virginia, with “Conspiracy to Distribute Methamphetamine” from November of 2012 to June of 2013, in Tucker, Randolph, Upshur and Preston Counties.POLING faces a total of five counts; FLAGG faces a total of fourteen counts; RIDLEY and GRAFTON face a total of six counts; PENNINGTON faces a total of ten counts; and, WHITE faces two counts.
In addition to the conspiracy charge, other charges include the possession of material used in the manufacture of methamphetamine, possession of pseudoephedrine to be used in the manufacture of methamphetamine and attempted possession of pseudoephedrine to be used in the manufacture of methamphetamine.
Each defendant faces penalties of up to 20 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
This case will be prosecuted by Assistant United States Attorney Stephen D. Warner and was investigated by agents and officers of the Monongahela National Forest Law Enforcement and Investigations Division.
In addition, the following indictments were also returned by the grand jury this week: CHAD FREDERICK ARBOGAST, age 34, of Belington, West Virginia, was named in
a seven-count Indictment charging him with “Distribution and Possession with Intent to
Distribute Oxycodone and Heroin.” If convicted, ARBOGAST faces up to 20 years imprisonment on each count. This case will be prosecuted by Warner and was investigated by the West Virginia State Police-Bureau of Criminal Investigations.MICHAEL J. WHITE, age 45, of Clarksburg, West Virginia, was named in a four- count Indictment charging him with one count of “Stealing Public Money” and three counts of “False Statement.” If convicted, WHITE faces up to ten years imprisonment on the public money charge and up to five years imprisonment on each of the false statement charges. This case will be prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division.
It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.
Three Individuals Facing up to 40 Years Imprisonment on Crack Cocaine ConvictionsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Nine Others Appear for Pleas and Sentencings
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Martinsburg.MICHAEL SHAVER PAYTON, age 28, and DEHAVEN DARNELL CRAIG, age 28, of Martinsburg, entered pleas of guilty to “Aiding and Abetting the Distribution of 44.1 Grams of Crack Cocaine,” on February 15, 2013, in Martinsburg. PAYTON and CRAIG, who are in custody pending sentencing, face at least 5 and up to 40 years imprisonment and a
$2,000,000 fine.MARTIN C. FELDER, age 34, of Frederick, Maryland, entered a plea of guilty to “Possession with Intent to Distribute More than 28 Grams of Crack Cocaine.” FELDER, who is in custody pending sentencing, faces at least 5 and up to 40 years imprisonment and a
$2,000,000 fine.AKEYLAH HUMPHREY, age 24, of Martinsburg, a co-defendant of PAYTON and CRAIG, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine” on February 15, 2013, in Martinsburg. HUMPHREY, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
DERRICK STANFORD SPENCER, age 35, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” SPENCER, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
JOHN ANDREW REDMAN, age 33, of Martinsburg, entered a plea of guilty to the “Distribution of Crack Cocaine.” REDMAN, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
CARLOS EDWARD CAREY, age 33, of Martinsburg, was sentenced to 27 months imprisonment to be followed by six years of supervised for the “Distribution of Crack Cocaine within 1,000 Feet of Blue Ridge Community and Technical College.” CAREY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
RONALD PAUL LAWSON, age 34, of Prince George’s County, Maryland, was sentenced to 12 months and 1 day imprisonment to be followed by six years of supervised release for “Distribution of Crack Cocaine within1,000 Feet of the Winchester Avenue Elementary School.” LAWSON, who is free on bond, will self-report to the designated Federal institution.
The PAYTON, CRAIG and HUMPHREY case, and the REDMAN, CAREY and LAWSON cases were prosecuted by Assistant United States Attorney Jarod J. Douglas. The FELDER and SPENCER cases were prosecuted by Assistant United States Attorney Paul T. Camilletti.
These cases were 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.
DANIELLE OSTROWSKI-JONES, age 23, of Chestertown, Maryland, was sentenced to 12 months and 1 day imprisonment to be followed by three years of supervised release for the “Transfer of Stolen Firearms.” OSTROWSKI-JONES, who is free on bond, will self- report to the designated Federal institution. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
JOHN SHINGLER, age 48, of Westernport, Maryland, was sentenced to 3 months imprisonment to be followed by one year of supervised release for “Conversion [theft] of Government Property.” SHINGLER, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the West Virginia State Police-General Services Administration.
The OSTROWSKI-JONES and SHINGLER cases were prosecuted by Assistant
United States Attorney Paul T. Camilletti.MATTHEW WERHOFF, age 55, of Martinsburg, entered a plea of guilty to “Obtaining a Controlled Substance by Fraud.” WERHOFF, who is free on bond pending sentencing, faces up to 4 years imprisonment and a $1,000,000 fine.
CASSANDRA PUGH, age 30, of Hagerstown, Maryland, entered a plea of guilty to “Obtaining a Controlled Substance by Fraud.” PUGH, who is free on bond pending sentencing, faces up to 4 years imprisonment and a $1,000,000 fine
The WERHOFF and PUGH cases were prosecuted by Assistant United States Attorney David J. Perri and were investigated by the Veterans Administration Office of Inspector General.
New York Resident Sentenced to More Than Six Years Imprisonment on Oxycodone ConvictionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Eight Others Appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Clarksburg.BRIAN CLARKE, age 25, of Brooklyn, New York, was sentenced to 78 months imprisonment to be followed by three years of supervised release pursuant to an earlier entered plea of guilty to “Distribution of Oxycodone” in Monongalia County, West Virginia. CLARKE was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Attorney Zelda E. Wesley and investigated by the West Virginia State Police.
NATHAN SCOTT, age 29, of Columbus, Ohio, was sentenced to 63 months imprisonment to be followed by three years of supervised release for pursuant to an earlier entered plea of guilty to “Possession with Intent to Distribute Cocaine” SCOTT was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Attorney Zelda E. Wesley and investigated by Morgantown Police Department, West Virginia State Police and the United States Marshals Office.
ANTHONY CRIPPIN, age 29, of Morgantown, West Virginia, was sentenced to 41 months imprisonment to be followed by six years of supervised release pursuant to an earlier entered a plea of guilty to “Distribution of Heroin within 1,000 Feet of WVU.” CRIPPIN was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the Mon Valley Drug Task Force and the West Virginia State Police. The task force consists of officers from Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.
JENNIFER KELLEY, age 28, of Morgantown was sentenced to four years probation, with the first eight months to be served under home confinement with electronic monitoring, pursuant to an earlier entered plea of guilty to “Distribution of Cocaine Hydrochloride.” This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the West Virginia State Police-Bureau of Criminal Investigations.
SHANE LEWIS GILLESPIE, age 24, of Clarksburg, entered a plea of guilty to “Possession of a Firearm by an Unlawful User of and Addict to a Controlled Substance.” GILLESPIE, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Clarksburg Police Department and the Belpre, Ohio, Police Department.
ORTHON HERNANDEZ, age 30, an inmate at USP Hazelton, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” HERNANDEZ was sentenced to 24 months imprisonment to run consecutive to his current 93-month sentence.
BERNARD BATTLE, age 39, an inmate at USP Hazelton, entered a plea of guilty to four counts of “Indecent Exposure.” BATTLE was sentenced to 360 days imprisonment to run consecutive to his current 36-year sentence.
The HERNANDEZ and BATTLE cases were prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Unit at USP Hazleton.
CASEY SMITH, age 21, of Morgantown, West Virginia, entered a plea of guilty to “Distribution of Oxycodone.” SMITH, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by Mon Valley Drug Task Force.
TIMOTHY LINGO, age 30, of Westover, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” LINGO, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives.
Marshall County Resident Convicted for the Conspiracy to Distribute HeroinRead the Press Release
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Six Others Appear for Pleas and Sentencing
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Wheeling.AMANDA ALLISON, age 26, of Cameron, West Virginia, entered a plea of guilty to “Conspiracy to Distribute Heroin” from January of 2013 to April 6, 2013. ALLISON, who is in custody pending sentencing, faces up to 20 years imprisonment and a fine of $1,000,000
TYLER JAY HOYLE, age 22, of Waynesburg, Pennsylvania, co-defendant of ALLISON, was sentenced to 70 months imprisonment to be followed by three years of supervised release for “Conspiracy to Distribute Heroin” from January of 2013, to April 6,
2013. in Cameron. HOYLE was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case will be prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the Marshall County Drug Task Force consisting of officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department and the Drug Enforcement Administration.ERICA MORRIS HERCULES, age 29, of Wheeling, was sentenced to 18 months imprisonment to be followed by three years of supervised release pursuant to an earlier entered plea of guilty to “Aiding and Abetting a Prohibited Person in the Possession of a Firearm.” HERCULES had previously been convicted in the Circuit Court of Ohio County of the felony offense of “Uttering.” HERCULES was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives along with the Wheeling Police Department.
MATTHEW SCOTT HEDRICK, age 32 and KIMBERLY LYNN NELSON, age 30, of New Martinsville, West Virginia, entered pleas of guilty to “Possession with Intent to Distribute Heroin.” HEDRICK and NELSON, who are in custody pending sentencing, face up to 20 years imprisonment and a $1,000,000 fine. This case was prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the West Virginia State Police-Bureau of Criminal Investigations.
JAMES GREATHOUSE, age 23, of Wheeling, entered a plea of guilty to “Felon in Possession of a Firearm.” GREAT HOUSE, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
STEPHEN J. BOSICK, JR., age 18, of Weirton, West Virginia, entered a plea of guilty to “Use, Possession, Carrying and Brandishing a Firearm During a Crime of Violence.” BOSICK, who is free on bond pending sentencing, faces at least seven years and up to life imprisonment and a fine of $250,000.
The GREATHOUSE and BOSICK cases were prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Mull Sentenced to 37 Months in PrisonRead the Press Release
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Court also orders forfeiture of vehicles, payment of money judgment
WHEELING, WV – United States Attorney William J. Ihlenfeld, II, announced today that KYMBERLY MULL, 44 years of age of Wheeling, WV, was sentenced to 37 months in federal prison for her role in a drug trafficking conspiracy.
In June, MULL pleaded guilty to the offense of “Conspiracy to Distribute Schedule I and Schedule II Controlled Substances.” MULL agreed that between September of 2011 and February of 2012 she conspired with others to sell heroin, cocaine, and oxycodone pills. MULL admitted to delivering or aiding the delivery of these drugs to undercover officers and confidential informants on at least twelve occasions during a six month period.
The investigation leading to the charges included extensive surveillance, controlled purchases of narcotics, executions of search warrants, and seizures of narcotics, automobiles, and United States Currency. The source state for most of the heroin referenced in the Mull indictment was Pennsylvania, while the pain pills came from Pennsylvania, Ohio, and West Virginia.
As part of her sentence, MULL must make payment of $11,000 to the Ohio Valley Drug Task Force as reimbursement for funds that were paid to her during the controlled purchases of narcotics. She must also pay a money judgment of $50,000 to the United States of America as well as forfeit a 2011 Chevrolet Corvette, a 2005 Hummer H2, and a 2003 Dodge Ram 2500 Quad Cab. She will be placed onto three years of supervised release after she has served the prison sentence.
Assistant United States Attorney Randolph J. Bernard was the lead prosecutor and was assisted by Ihlenfeld. The matter was investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration. Substantial assistance was provided by the Hancock-Brooke -Weirton Drug Task Force, which includes Weirton Police Officers, Hancock County Sheriff’s Deputies, and DEA Agents. Assistance was also provided by the Pennsylvania State Police.
PROJECT FUTURE TWO-A-DAYS VISITS WHEELING CENTRAL CATHOLIC HIGH Sexual Assault Center Director Offers Advice to StudentsRead the Press Release
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WHEELING, WV- The Project Future Two-a-Days program visited another high school on Wednesday, as student-athletes from Wheeling Central Catholic heard about dangerous drugs and the impact that sexual assault has upon a victim.
United States Attorney William Ihlenfeld, II, led the presentation with assistance from Linda Reeves, the Executive Director of the Upper Ohio Valley Sexual Assault Help Center. The crowd also heard from special guest Clayton Fitzsimmons, whose law firm represents the victim of a sexual assault that occurred last year in Ohio.
Reeves explained why it’s important for her organization to be a part of this initiative.
“We’ve partnered with Project Future Two-a-Days in order to raise awareness about rape and sexual violence among teens and adolescents,” said Reeves. “My staff and I can help to define what sexual violence is and to educate teens about what to do if faced with a situation where they or someone else is a victim or witness to sexual violence.”
Fitzsimmons shared with the crowd the challenges faced by survivors of sexual assault.
“Sexual assault has a profound and permanent impact on victims and their families,” said Fitzsimmons. “It’s important for young people to remember that one bad decision can have implications that last a lifetime for those who have been harmed.”
Head Football Coach Mike Young of Wheeling Central was thankful that the program came to his school.
“We appreciate the interest taken by the U.S. Attorney’s office in teaching our students these important lessons,” said Young, who also serves as athletic director at Central. “Sometimes young people need to hear the message from someone other than a parent or teacher and so when federal prosecutors offer to come in and speak we take advantage of the opportunity.”
According to Reeves, 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 Center primarily serves Wetzel, Brooke, Marshall, Ohio and Hancock counties in West Virginia. In Ohio, Jefferson and Belmont counties are served. The Center does not refuse services to anyone regardless of where they reside, and all victim services are provided free of charge.
Project Future Two-a-Days combines the issues of dangerous drugs, sexual assault awareness, and social media responsibility into one presentation for male and female teens. High schools and colleges that are interested in the program are encouraged to contact the U.S. Attorney’s Office at 304-234-0100 to schedule a presentation. These efforts will continue into the fall and will be available to all students within the Northern District of West Virginia, regardless of whether they are involved in athletics.
Eleven Individuals Sentenced During the Month of July for Federal Supervised Release ViolationsRead the Press Release
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WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of July, 2013, eleven (11) 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.)
JOSEPH BURT, age 35, of Bellaire, Ohio, was sentenced to 24 months imprisonment for testing positive for the use of cocaine and marijuana on six separate occasions. BURT was originally sentenced on April 8, 2002, to 148 months imprisonment and five years of supervised release for conspiracy to distribute crack cocaine. On January 9, 2009, BURT’s sentence was reduced to 120 months pursuant to the crack re-sentencing guidelines. BURT was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DAVID MCGOWAN, age 46, of Follansbee, West Virginia, was sentenced to two months imprisonment for possession and use of oxycodone. MCGOWAN was originally sentenced on July 18, 2011, to one day imprisonment and three years of supervised release for the distribution of heroin within 1,000 feet of a protected location. MCGOWAN will self- report to the designated Federal institution on August 15, 2013.
The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Randolph J. Bernard.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
MICHAEL LOWTHER, age 33, of Clarksburg, West Virginia, was sentenced to 19 months imprisonment for domestic battery arrest for 3rd offense, testing positive for the use of cocaine, failure to consistently attend substance abuse counseling sessions, traveling outside the Northern District of West Virginia without approval, and, failure to notify probation officer of contact with law enforcement. LOWTHER was originally sentenced on July 30,
2009, to 21 months imprisonment and three years of supervised release for possession, sale and disposal of a stolen firearm. On July 26, 2012, LOWTHER was sentenced to 5 months imprisonment and 31 months of supervised release for violations of his supervised release. LOWTHER was remanded to the custody of the United States Marshal pending designation to a Federal institution.MICHAEL PAUL ATCHISON, age 33, of Apache Junction, Arizona, was sentenced to 15 months imprisonment for illegal use of a controlled substance and termination from residential re-entry center program. ATCHISON was originally sentenced on April 20, 2007, to 37 months imprisonment and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. On March 13, 2008, sentence was reduced to 30 months pursuant to the crack re-sentencing guidelines. On May 18, 2012, ATCHISON was sentenced to 12 months and 1 day imprisonment and 5 years of supervised release for violations of his supervised release. ATCHISON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
HOWARD M. ENGLISH, age 24, of Fairmont, West Virginia, was sentenced to 6 months imprisonment to be followed by 66 months of supervised release for traveling outside the Northern District of West Virginia without approval of the probation officer. ENGLISH was originally sentenced on January 22, 2010, to 46 months imprisonment and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. ENGLISH will self-report to the designated Federal institution on August 19, 2013.
JAMES ARTHUR STEVENS, age 24, of Morgantown, West Virginia, was sentenced to 6 months imprisonment to be followed by 54 months of supervised release for the use of controlled substance, failure to complete drug counseling and treatment and committing new state crimes. STEVENS will be on home detention with electronic monitoring upon release until he completes a long-term drug treatment program. STEVENS was originally sentenced on July 25, 2011, to 21 months imprisonment and six years of supervised release for distribution of heroin within 1,000 feet of a protected location. STEVENS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorneys Shawn A. Morgan, Stephen D. Warner and Zelda E. Wesley.MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
DAWN WILEY, age 24, of Charles Town, West Virginia, was sentenced to 15 months imprisonment to be followed by 30 months of supervised release for new felony charges of conspiracy to distribute crack cocaine, associating with a person engaged in criminal activity, and failure to notify probation officer of change in residence. WILEY was originally sentenced on December 13, 2009, to 27 months imprisonment and three years of supervised release for the possession with intent to distribute cocaine. On August 14, 2012, WILEY was sentenced to 6 months imprisonment and 30 months of supervised release for violations of her supervised release. WILEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.CLYDE EVERETT BROWN, JR., age 41, of Martinsburg, West Virginia, was sentenced to 8 months imprisonment to be followed by 28 months of supervised release for a charge of domestic assault, failure to report law enforcement contact to probation officer, and excessive use of alcohol. BROWN was originally sentenced on March 13, 2003, to 151 months imprisonment and three years of supervised release for the distribution of crack cocaine. On February 2, 2009, BROWN’s sentence was reduced to 130 months pursuant to the crack re- sentencing guidelines. BROWN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
SALEM ISRAEL BANKS, age 41, of Martinsburg, was sentenced to 7 months imprisonment to be followed by 12 months of supervised release for testing positive for the use of marijuana; admitted use of marijuana and cocaine; using alcohol to excess; and, charge of assault, harassment, disorderly conduct and driving on a suspended license. BANKS was originally sentenced on November 20, 2007, to 57 months imprisonment and three years of supervised release for the distribution of crack cocaine. BANKS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
KELLY MCCOY, age 25, of Winchester, Virginia, was sentenced to 6 months imprisonment to be followed by 12 months of supervised release for possession and use of heroin; and traveling outside the Northern District of West Virginia without approval of the probation officer. MCCOY was originally sentenced on October 28, 2008, to 18 months imprisonment and three years of supervised release for conspiracy to distribute cocaine. MCCOY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MICHAEL NORRIS, age 36, of Martinsburg, was sentenced to 5 months imprisonment to be followed by 115 months of supervised release for testing positive for the use of marijuana on three occasions. NORRIS was originally sentenced on July 5, 2012, to 15 months imprisonment and 10 years of supervised release for failure to register as a sex offender. NORRIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Two Individuals Convicted on Drug ChargesRead the Press Release
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ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Elkins.DONALD MARK TILLOTSON, age 39, of Burlington, West Virginia, entered a plea of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on November 12, 2012, in Keyser, West Virginia. TILLOTSON, who is in custody pending sentencing, faces up to 20 years imprisonment and a $250,000 fine. This case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.
TONYA RENEE HAYMOND, age 28, of Romney, West Virginia, entered a plea of guilty to “Distribution of Heroin,” on June 5, 2012, in Moorefield, West Virginia. HAYMOND, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine. This case was investigated by the Hardy County Sheriff’s Department and the Moorefield Police Department.
The TILLOTSON and HAYMOND cases were prosecuted by Assistant United States
Attorney Stephen D. Warner.Morgantown Resident Sentenced to More than Six Years Imprisonment on Firearms ConvictionRead the Press Release
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II announced that the following individuals recently appeared in Federal Court in Clarksburg.
SAMAD MADIR HARVEY a/k/a “WES,” age 30, of Morgantown, was sentenced to
77 months imprisonment to be followed by three years of supervised release. HARVEY was convicted on April 18, 2013, by a Clarksburg jury on one count of “Felon in Possession of a Firearm.” HARVEY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Morgantown Police Department.DANNY POSTON, age 24, of Pittsburgh, Pennsylvania, was sentenced to 70 months imprisonment to be followed by eight years of supervised release for “Possession with Intent to Distribute in Excess of 28 Grams of Cocaine Base within 1,000 Feet of Monticello Avenue Playground” on June 2, 2011. POSTON was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department
The HARVEY and POSTON cases were prosecuted by Assistant United States
Attorney Zelda E. Wesley.TROY ANTJUAN CLAYTON a/k/a “NY” a/k/a “PASTOR,” age 29, of Clarksburg, was sentenced to 77 months imprisonment to be followed by six years of supervised release. CLAYTON entered pleas of guilty on April 8, 2013, to one count of “Conspiracy to Distribute More than 28 Grams of Crack Cocaine”, six counts of “Distribution of Crack Cocaine within
1,000 Feet of a Protected Location,” one count of “Maintaining a Drug-Involved Premise” to store, distribute and use crack cocaine, and one count of “Distribution of Crack Cocaine.” CLAYTON was remanded to the custody of the United States Marshal pending designation to a Federal institution.TAMMY KENNEDY, age 46, of Clarksburg, was sentenced to 30 months imprisonment to be followed by six years of supervised release for the “Distribution of Crack Cocaine within
1,000 Feet of Glen Elk City Park” on June 21, 2012. KENNEDY was remanded to the custody of the United States Marshal pending designation to a Federal institution.The CLAYTON and KENNEDY cases were prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
KHALLID CARTER, age 23, entered a plea of guilty to “Assault of a Correctional Officer Causing Injury” on October 30, 2012, when CARTER assaulted three correctional officers during an incident in the Special Housing Unit. CARTER was sentenced to 36 months imprisonment to run consecutive with his current 120-month sentence.
NATHANIEL TARVER, age 24, entered a plea of guilty to “Possession of a Prohibited Object” on October 10, 2012, when TARVER was found to be in possession of homemade weapon. TARVER was sentenced to twelve months imprisonment to run consecutive to his current 261-month sentence.
JEFFREY DUBLIN, age 45, entered a plea of guilty to “Possession of a Prohibited Object” on July 28, 2012,when DUBLIN was found to be in possession of marijuana. DUBLIN was sentenced to two months imprisonment to run consecutive to his current 96-month sentence.
The CARTER, TARVER and DUBLIN cases were prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Unit at USP Hazleton.
JOHN HARLOW, age 46, of Clarksburg, was sentenced to 57 months imprisonment to be followed by three years of supervised release for “Possession of a Firearm by a Convicted Felon.” HARLOW was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Two Individuals Appear in Federal Court on Drug-Related ChargesRead the Press Release
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MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Martinsburg.CHRISTOPHER MICHAEL ROOF, age 35, of Atlanta, Georgia, was sentenced to 24 months imprisonment to be followed by three years of supervised release for the “Possession with Intent to Distribute Cocaine Base and Cocaine Hydrochloride” in Martinsburg, West Virginia. ROOF was remanded to the custody of the United States Marshal pending designation to a Federal institution.
This case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the Martinsburg Police Department.
DORIAN MARCELL WILSON, age 25, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” WILSON, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Two Florida Residents Convicted on Bribery ChargesRead the Press Release
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CLARKSBURG, WEST VIRGINIA - Two individuals entered pleas of guilty in United
States District Court in Clarksburg on July 30, 2013, before Magistrate Judge John S. Kaull.United States Attorney William J. Ihlenfeld, II, announced that:
JASON NOEL SQUIRES, age 28, and NIKOLE MONIQUE WATKINS, age 24, entered pleas of guilty to Conspiracy to Commit Bribery of a Public Official and Bribery of a Public Official. Between January 1, 2012, and August 14, 2012, SQUIRES, a correctional officer at FCI Gilmer, smuggled tobacco into the prison on multiple occasions. SQUIRES provided the tobacco to inmates. In exchange, the inmates arranged to have contacts outside of the prison send money to WATKINS, who was the girlfriend of SQUIRES, via Western Union and Postal money grams. WATKINS was aware that SQUIRES was smuggling contraband to inmates. SQUIRES and WATKINS received approximately $40,000 for the tobacco that SQUIRES smuggled into the prison.
SQUIRES and WATKINS, who are free on bond pending sentencing, face up to 20 years imprisonment and a $500,000 fine.
This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the United States Department of Justice Office of Inspector General, with assistance from the Special Investigative Services Unit at FCI Gilmer.
Six Marshall County Residents Convicted for the Distribution of Oxycodone Within 1,000 Feet of A Protected LocationRead the Press Release
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Seven Others Appear for Pleas and Sentencing
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Wheeling.ANDREW J. RICHARDSON, age 27, KRISTEN A. STURM, age 24, TYLER M. YOUNG, age 20, JENNIFER A. THOMPSON, age 25, BROOKE STURM, age 18 and AMANDA K. VANSCYOC, age 31, entered pleas of guilty to “Distribution of Oxycodone within 1,000 Feet of the Moundsville Middle School. BROOKE STURM, who is in custody pending sentencing, and RICHARDSON, KRISTEN STURM, YOUNG, THOMPSON and VANSCYOC, who are free on bond, face 1 to 40 years imprisonment and a $2,000,000 fine. This case 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.
JEFFREY J. OLIVER, age 26, of Wheeling, was sentenced to 30 months imprisonment to be followed by five years of supervised release for “Possession of Child Pornography.” OLIVER, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the West Virginia State Police -Bureau of Criminal Investigations and the Federal Bureau of Investigation and was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
These cases were prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr.
WILLIAM “CHAZ” CRISWELL, age 29,of Wheeling, was sentenced to 24 months imprisonment to be followed by three years of supervised release for “Felon in Possession of a Firearm.” CRISWELL, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives along with the Wheeling Police Department.
CHARLES J. WESTBROOKS, age 47, of Paden City, West Virginia, was sentenced to 5 years probation for “Theft of Public Funds.” This case was prosecuted by Assistant United States Attorney David J. Perri and investigated by the United States Department of Veterans Affairs, Office of Inspector General- Criminal Investigation Division.
HERBERT C. BREIDING, age 34, of Triadelphia, West Virginia, was sentenced to 3 years probation for “Possession of a Firearm While Under a Current Protective Order.” This case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
RONALD SNIDER, age 50, of Weirton, West Virginia, entered a plea of guilty to “Conspiracy to Distribute Cocaine.” SNIDER, who is free on bond, faces up to 20 years imprisonment and a $1,000,000 fine. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Drug Enforcement Administration and the Jefferson County, Ohio, Drug Task Force.
Jose Jesús TAPIA MONTES, age 36, of Washington, Pennsylvania, was sentenced to
30 months imprisonment and Elmer Pina PINTO, age 44, of Washington, Pennsylvania, was sentenced to 33 months imprisonment for “Aiding and Abetting in the Transportation of an Individual in Interstate Commerce with Intent to Engage in Illegal Sexual Activity.” TAPIA MONTES and PINTO were remanded to the custody of the United States Marshal pending designation to a Federal institution. The F.B.I. was assisted by the Wheeling Police Department and the Harmony House Child Advocacy Center in the investigation. The case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr.Petersburg Resident Arrested on Drug and Firearms ChargesRead the Press Release
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ELKINS, WEST VIRGINIA - A 35-year old Petersburg, West Virginia, resident was arrested on July 29, 2013, pursuant to an Indictment returned by a Federal Grand Jury on June 18, 2013.
According to United States Attorney William J. Ihlenfeld, II, LEONARDO RAMOS RODRIGUEZ was named in a 7-count Indictment charging him and co-defendant MEGAN ROHRBAUGH, age 23, of Rio, West Virginia, with Conspiracy to Distribute Oxycodone. RODRIGUEZ is also named in four counts of distribution of heroin and/or oxycodone and two firearms charges. ROHRBAUGH is named in one additional count for the distribution of oxycodone. RODRIGUEZ appeared before Magistrate Judge John S. Kull and was remanded to the custody of the United States Marshal pending a detention hearing scheduled for August
1, 2013.RODRIGUEZ and ROHRBAUGH face up to twenty years in prison on the conspiracy and distribution charges and up to ten years in prison on the firearms charges.
This case will be prosecuted by Assistant United States Attorney Stephen D. Warner and was investigated by the West Virginia State Police-Bureau of Criminal Investigation, US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI), Grant County Probation Office and the Grant County Sheriff’s Department.
It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.
Former Bookkeeper Sentenced to More Than Seven Years for Embezzling over $1.3 Million from Mountaineer RacetrackRead the Press Release
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WHEELING, WEST VIRGINIA – United States Attorney William Ihlenfeld, II, announced that ANITA AMBLER, 49 years old of Virginia, was sentenced on July 29, 2013, in Wheeling by Judge Frederick P. Stamp, Jr. to 87 months imprisonment to be followed by three years of supervised release. AMBLER also must pay money judgment of $1,305,090.15 as well as forfeit real estate located in Reva, Virginia, and a Dodge Nitro, both of which were assets that she purchased with proceeds from her scheme.
AMBLER, a bookkeeper at the Mountaineer Racetrack, was convicted by a federal jury trial in April of 2013 on eleven counts of “Mail Fraud”, ten counts of “Wire Fraud”, and four counts of “Transacting in Criminal Proceeds.”
Trial evidence showed that AMBLER was involved in the theft of funds from an account that was being maintained by Mountaineer Race Track and Casino (“Mountaineer”) on behalf of the Horsemen’s Association. AMBLER was employed by Mountaineer as a bookkeeper and managed and controlled the Horsemen’s account, identified as The Horseman’s Purse Account. The Horseman’s account included funds deposited by horsemen as well as proceeds from race winnings.
As part of her duties and authority, AMBLER received cash which was to be deposited into the Horseman’s account. AMBLER was also responsible for sending communications from Mountaineer to legitimate horsemen account holders and was in a position to know which horsemen- held accounts were dormant and could be subject to compromise and fraudulent use without discovery.
From in or about March of 2005 to August 6, 2010, AMBLER embezzled and stole funds including cash for her own benefit and purpose. Evidence showed that AMBLER used Brinks, which was a private commercial interstate carrier to transport deposits of cash and checks (including deposits intended for the Horseman’s account) from Mountaineer to local financial institutions. Mountaineer and AMBLER utilized an internet-based accounting system to make entries to the accounting and bookkeeping records of the Horseman’s account and AMBLER accessed the account records via the internet thus transmitting interstate wire communications.
This case was prosecuted by Assistant United States Attorneys Randolph J. Bernard and
Michael D. Stein and investigated by the Federal Bureau of Investigation.Wheeling Man Sentenced to Thirteen Years for Distribution of PainkillersRead the Press Release
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Six Others Sentenced in Federal Court
WHEELING, WEST VIRGINIA - Three of the defendants in a major tri-state drug trafficking investigation were among seven people who were sentenced in Federal Court in Wheeling.
According to United States Attorney William J. Ihlenfeld, II, DEANDRE SCOTT ESTELLE, age 43, of Wheeling, was sentenced to 165 months imprisonment to be followed by three years of supervised release for “Conspiracy to Distribute Schedule I and Schedule II Controlled Substances.” ESTELLE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ROBIN E. RUSK, age 27, of Wheeling, was sentenced to 41 months imprisonment to be followed by three years of supervised release for “Conspiracy to Distribute Schedule I and Schedule II Controlled Substances.” RUSK, who is free on bond, will self-report to the designated Federal institution.
JENNY E. KOTA, age 22, of Wheeling, was sentenced to 3 years probation for “Conspiracy to Distribute Schedule I and Schedule II Controlled Substances.”
ESTELLE, RUSK, and KOTA were among 29 people who were charged in an investigation that included extensive surveillance, controlled purchases of narcotics, executions of search warrants, and seizures of narcotics, automobiles, and United States Currency.
These cases were prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration. Substantial assistance was provided by the Hancock-Brooke -Weirton Drug Task Force, which is made up of Weirton Police Officers, Hancock County Sheriff’s Deputies, and DEA Agents.
The following criminal defendants were also sentenced in Federal Court:
TONICA MITCHELL, age 28, formerly of Martins Ferry, Ohio, was sentenced to 37 months imprisonment to be followed by three years of supervised release for the “Conspiracy to Engage in Interstate Travel in Aid of a Racketeering Enterprise.” MITCHELL, who is free on bond, will self- report to the designated Federal institution.
ANTON DRAKE, age 32, of Wheeling, was sentenced to 24 months imprisonment to be followed by three years of supervised release, for the “Distribution of Cocaine” in Benwood, West Virginia. DRAKE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The Mitchell and Drake cases were prosecuted by Assistant United States Attorney John C. Parr and investigated by the Ohio Valley Drug & Violent Crime Task Force.
ERICA MORRIS HERCULES, age 29, of Wheeling, was sentenced to 18 months imprisonment to be followed by three years of supervised release for “Aiding and Abetting a Prohibited Person in the Possession of a Firearm.” HERCULES was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The Hercules case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives along with the Wheeling Police Department.
JEFFREY BERESFORD, age 53, of Cameron, West Virginia, was sentenced to one year probation for the “Falsification of Union Records” from April of 2008 to January of 2010 by willfully falsifying his Plumbers ALF-CIO Local Union mileage logs. BERESFORD was also order to make restitution in the amount of $4,507.75 to the Union.
The Beresford case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Department of Labor-Office of Labor Management Standards.
Four Eastern Panhandle Residents Enter Pleas of GuiltyRead the Press Release
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MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Martinsburg.SCOTT D. MCDONOUGH, age 50, of Hampshire County, entered a plea of guilty to “Felon in Possession of Firearms.” As part of his plea, MCDONOUGH agreed to abandon his interest in 22 firearms. MCDONOUGH, who is free on bond pending sentencing, faces up to
10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.FRANK BRINKMEYER, age 43, PATRICIA BRINKMEYER, age 67, and, MICHAEL SMITH, age 39, of Martinsburg, entered pleas of guilty to “Distribution of Heroin.” FRANK BRINKMEYER, who is in custody pending sentencing, and PATRICIA BRINKMEYER and MICHAEL SMITH, who are free on bond pending sentencing, face up to 20 years imprisonment and a $1,000,000 fine. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Eastern Panhandle Drug
& Violent Crimes Task Force. The Task Force consists 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.Four Convicted of Heroin ChargesRead the Press Release
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Greater Harrison DTF Leads Investigations
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Clarksburg.ANDRE ABRAM, age 32, of Pittsburgh, Pennsylvania, entered a plea of guilty to “Possession with Intent to Distribute Heroin within 1,000 Feet of the Clarksburg Housing Authority” on March 28,2013. As part of his plea, ABRAM will forfeit $3,376 in United States currency seized on March 28, 2013. ABRAM, who is in custody pending sentencing, faces 1 to 40 years imprisonment and a $2,000,000 fine.
ERIC SCOTT BARKER, age 33, MEGAN EILEEN DUNIGAN, age 25 and ROBERT ALLEN HILL, age 24, of Clarksburg, entered pleas of guilty to“Possession with Intent to Distribute Heroin” on February 8, 2013, in Clarksburg. As part of his plea, BARKER will forfeit $1,505 in United States currency seized from his residence on. BARKER, DUNIGAN and HILL, who are in custody pending sentencing, face up to 20 years imprisonment and a
$1,000,000 fine, as well as a consecutive sentence for violating the conditions of Federal supervised release they were serving at the time of the commission of this offense.These cases were investigated by the Greater Harrison County Drug Task Force, consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service.
The cases were prosecuted by Assistant United States Attorney & Criminal Chief
Shawn A. Morgan.
ANTWAN SHAIRD, age 28, entered pleas of guilty to three counts of “Indecent Exposure” and was sentenced to 270 days imprisonment to run consecutive to his current sentence of 180 months.PHILLIP GARRISON, age 26, entered pleas of guilty to two counts of “Indecent Exposure” and was sentenced to 180 days imprisonment to run consecutive to his current sentence of 100 months.
The SHAIRD and GARRISON cases were prosecuted by Assistant United States Attorney Brandon S. Flower and were investigated by the Special Investigative Services Staff at USP Hazleton.
BRIAN FARLEY, age 31, of Oceana, West Virginia, entered a plea of guilty to one count of “Obtaining Drugs by Fraud” and one count of “Making a Material False Statement.” FARLEY, who is on bond pending sentencing, faces up to 4 years imprisonment and a
$250,000 fine on the fraud charge and up to 5 years imprisonment and a $250,000 fine on the false statement charge.The FARLEY case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the US Department of Veterans’ Affairs/Office of Inspector General-Criminal Investigations Division.
Belington Resident Enters Plea of Guilty to Manufacturing MethamphetamineRead the Press Release
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ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II
announced that the following individual recently appeared in Federal Court in Elkins.GARY RUDOLPH LOY entered a plea of guilty to “Manufacturing Methamphetamine” on August 28, 2012. LOY, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
This case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the West Virginia State Police, the Randolph County Sheriff’s Department and the Belington Police Department.
West Virginia Doctor Charged with over Prescribing PainkillersRead the Press Release
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Doctor allegedly over prescribed narcotics to patients who later overdosed
CLARKSBURG, WEST VIRGINIA - A Harrison County, West Virginia doctor has been charged with supplying excessive amounts of prescription pain medication to individuals for non- legitimate medical reasons, actions that are believed to be linked to several drug overdose deaths.
United States Attorney William J. Ihlenfeld, II announced that DR. EDITA MILAN was arrested today for the felony offense of “Conspiracy to Distribute Schedule II, III, & IV Controlled Substances.” MILAN is alleged to have supplied large quantities of painkillers to her customers for no legitimate medical purpose and outside the usual course of professional practice. Her motive for the distribution of the drugs is believed to be financial in nature.
MILAN and her practice had been under investigation by the Greater Harrison Drug Task Force for several months when in June of 2013, a neighbor of MILAN in Fairmont, West Virginia was found dead in his home. The neighbor also happened to be a patient of MILAN’S, and it is alleged in the criminal complaint that he had been prescribed large quantities of painkillers by MILAN prior to his death. The complaint further states that MILAN misrepresented the cause of the death to the county medical examiner, and that she conspired to throw away many of the deceased’s pill bottles after his death in order to conceal her connection to the decedent.
Although the deceased subject had not been in to see MILAN for three months prior to his death, the complaint alleges that MILAN continued to prescribe oxycodone and morphine to him. This method of prescribing is against legitimate medical practice since a patient is supposed to physically visit a doctor’s office in order for prescriptions of this type to be filled.
According to the complaint, a review of State Health Department records was conducted by agents and it showed that between 2010 and 2011 three other patients of MILAN died as a result of overdoses from pharmaceuticals that she had prescribed.
MILAN obtained authorization in 2009 to open a narcotic treatment program, sometimes referred to as a “pain clinic”, and she was permitted to treat up to 30 patients with narcotics. The investigation indicates that MILAN was treating more than twice as many patients with narcotics than she had the authority to treat. MILAN is also believed to have prescribed pills to individuals “off the books”, or to people who were never actually her patients. A review of State Board of Pharmacy data revealed that MILAN had at least 37 patients who are known by law enforcement to have involvement in the illegal diversion of prescription pills.
“As this case demonstrates, federal, state and local law enforcement continue to stand united to tackle the drug problem in North Central West Virginia and throughout the state,” said U.S. Attorney Ihlenfeld. “Together, we are making a positive difference as we aggressively pursue doctors who seek to hide behind a medical license in order to traffic in highly addictive and sometimes deadly substances.”
The investigation initially focused upon an employee of MILAN’S practice who was selling painkillers in the parking lot of the office to an undercover police officer. That employee was charged in federal court and convicted, and then was replaced at the medical practice by her sister, who had a prior felony drug conviction herself. Agents then received information from a Harrison County pharmacist that caused the focus of the case to turn to the unusually large number of prescriptions being written by MILAN to her employees and to their families. Surveillance conducted by task force officers confirmed these allegations.
Federal search warrants were served at MILAN’s home in Fairmont and her office in Bridgeport late last month. Warrants were also served at the home of MILAN’s deceased patient and upon the home of one of MILAN’s employees. On the day that the warrants were served MILAN agreed to voluntarily surrender her DEA registration number and as such she can no longer prescribe controlled substances.
As a result of the execution of the search warrant at MILAN’s office, hundreds of patient files were seized by investigators. Patients who are seeking copies of their medical files should make a request in writing by regular mail to the United States Attorney’s Office, P.O. Box 591, Wheeling, West Virginia 26003. Patients should include their full name, date of birth, address, and phone number when making the request, and they will be contacted in order to arrange to obtain their records. Patients will need to provide photo identification in order to receive their records.
The case is being prosecuted by Assistant United States Attorney John C. Parr. The case was 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, along with support from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals
Service.Eighteen Individuals Named in 48-Count Indictment on Cocaine and Heroin ChargesRead the Press Release
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Two others indicted by Federal Grand Jury
CLARKSBURG, WEST VIRGINIA —United States Attorney William J. Ihlenfeld, II, announced that a Federal Grand Jury sitting in Clarksburg returned a 48-count Indictment charging:
DEVON JOHNSON a/k/a “TY,” age 25, of McKees Rocks, Pennsylvania; RAYSON BROWN a/k/a “RAY DALLAZ” a/k/a “TURTLE,” age 22, of West Homestead, Pennsylvania; GREGORY MORRIS a/k/a “KG” a/k/a “KILLERS,” age 30, of West Mifflin, Pennsylvania; CHARLES E. JEFFERSON, JR. a/k/a “LC,” age 25, of Westover, West Virginia; MAHMOUD FARES ABULABAN a/k/a “MAC,” age 24, of Morgantown, West Virginia; ANTHONY MICHAEL FATA a/k/a “HUBBA,” age 24, of Morgantown; JACOB WHITE, age 25; ERIC SNEED, age 24; BARTLEY JEFFERSON a/k/a “BART,” age 22, of Morgantown; CHRISTINA SHAFFER, age 27, of Morgantown; BRITTANY BOWER, age
26, of Morgantown; ANGELA NELSON, age 33; FARRAH ECHARD, age 24, of Reedsville, West Virginia; BEN PHARES, age 26, of Kingwood, West Virginia; GREG WILLIAMS, age
40; WRIGHT BOWEN, age 31; WILLIAM A. BLOSSER, age 29, of Morgantown; and, JASON HUNT, age 31, of Core, West Virginia, were charged with “Conspiracy to Distribute Heroin and Cocaine” from the Summer of 2010 to the Spring of 2013, in Monongalia County, West Virginia.BARTLEY JEFFERSON faces a total of seven counts; JOHNSON, MORRIS, CHARLES JEFFERSON, ABULABAN, WHITE, and BOWEN face a total of six counts; SNEED and BLOSSSER face a total of four counts; SHAFFER, BOWER, NELSON and PHARES face a total of three counts; and, BROWN, FATA, ECHARD, WILLIAMS and HUNT face a total of two counts.
In addition to the conspiracy charge, other charges include the distribution of heroin and cocaine and the distribution of heroin within 1,000 feet of West Virginia University, Brookhaven Elementary School, Tot Lot playground at Marjorie Gardens, Star City playground and West Virginia Junior College.
The U.S. Attorney’s Office is seeking to forfeit $1,551 in United States currency which constitutes proceeds obtained from the illegal activity.
Each defendant faces up to five to four years on the conspiracy charge; twenty years in prison on the distribution charges and up to forty years in prison on the sales that occurred near a protected location.
This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the West Virginia State Police-Bureau of Criminal Investigations.
In addition, the following indictments were also returned by the grand jury this week: JOHN GEORGE CHAMBERS, age 62, of Clarksburg, West Virginia, was named in
a one-count Indictment charging him with “Possession of Child Pornography on July 17, 2012,
in Harrison County. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit the computer, hard drives and disks which were seized from CHAMBERS on July 17, 2012. If convicted, CHAMBERS faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Federal Bureau of Investigation.This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
FRANKLIN C. MOORE, age 43, of Precious, West Virginia, was named in a one-count Indictment charging him with “Felon in Possession of a Firearm” on November 3, 2013, in Taylor County. If convicted, BRANTLEY faces a maximum exposure of 10 years imprisonment and a fine of $250,000. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit the firearm. This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.
Clarksburg Police Officials Resign, Avoid Federal ProsecutionRead the Press Release
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CLARKSBURG, WEST VIRGINIA — The Chief of the Clarksburg Police Department and one of his Lieutenants have resigned in order to avoid being prosecuted for federal criminal charges.
United States Attorney William J. Ihlenfeld, II, announced today that former Chief Marshall Goff and former Lieutenant Tim Smith have quit the Clarksburg Police Department and thus will avoid being charged with civil rights violations and for making false statements to federal agents. The actions of Goff and Smith occurred after officers from their department responded to a report of an alleged domestic battery in Clarksburg in April of 2013 involving a city councilman. Goff and Smith became involved in the response and the actions that they took led to a separate investigation into their handling of the case.
The resignations of Goff and Smith are effective immediately and both men are barred from ever seeking or accepting employment as police officers again. Both men have also agreed to be cooperative and truthful in the ongoing investigation into the handling of the response to the alleged domestic.
A charge has been filed in the underlying domestic battery case and that matter is being handled in state court by a special prosecuting attorney.
The case involving Goff and Smith was investigated by the Federal Bureau of Investigation and the West Virginia State Police, BCI, both of which are members of the West Virginia Public Corruption Task Force. If the public has any information regarding this matter or other similar matters they may call the public corruption hotline at 1-855-WVA-FEDS (1-855-982-3337), or send an email to [email protected].
Buckhannon Resident Enters Plea to Possession of Firearms by an Alien Illegally in the United StatesRead the Press Release
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ELKINS, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that a 33 year old Buckhannon, West Virginia, resident entered a plea of guilty in United States District Court in Elkins on July 9, 2013, before Magistrate Judge John S. Kaull.
RODOLFO VILLAGOMEZ CORREA a/k/a “CHINO,” entered a plea of guilty to “Possession of Firearms by an Alien Illegally in the United States.” As part of his plea agreement, CORREA will abandon to the United States Department of Homeland Security all right, title, interest and claim to 16 firearms, a counterfeit Resident Alien Card, a counterfeit Permanent Resident Card, and other items seized from the defendant on July 25,
2012. CORREA faces up to 10 years imprisonment and a $250,000 fine. He was returned back to the custody of the State of West Virginia, where he has been charged by criminal complaint with murder.This case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Forest Service.
Former Bank Branch Manager Pleads Gulty in Federal Court to Embezzling Nearly $250,000Read the Press Release
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CLARKSBURG, WEST VIRGINIA —United States Attorney William J. Ihlenfeld, II, announced that DEBORAH D. RADCLIFF, age 51, of Weston, West Virginia, a former branch manager of the Weston branch of Huntington National Bank entered pleas of guilty on July 3, 2013, before Magistrate Judge John S. Kaull. RADCLIFF entered pleas of guilty to one count of “Embezzlement by a Bank Employee” and one count of “Structuring.”
During the period July 1, 2011, to November 5, 2012, while serving as the branch manager, RADCLIFF embezzled and misapplied $247,249.88 from depositors’ accounts and engaged in acts of structuring to cause the bank to fail to file a Currency Transaction Report for currency transactions of $10,000 or more. To execute the scheme, RADCLIFF utilized her position as branch manager to issue or direct to be issued cashier’s checks from funds withdrawn from depositors’ accounts issued in the name of the depositor. RADCLIFF would take possession of the cashier’s check, forge the name of the depositor and cash the checks for her own personal benefit. The ages of the alleged victims ranged from 56 to 90 years, with all but one alleged victim 64 years or older. As a branch bank manager, RADCLIFF was aware of banking rules and regulations requiring banks to file reports for single financial transactions of more than $10,000. To conceal her embezzlement from the customer’s account, she would have multiple cashier’s checks issued for less than $10,000, which she would cash on different days. On one of those instances, RADCLIFF withdrew $16,407.96 from an 84- year old customer’s account on May 2, 2012, splitting the embezzlement into two separate cashier’s checks in the amount of $8,203.98, then cashed one of the checks that day and the other five days later.
RADCLIFF, who is free on bond pending sentencing, faces up to 40 years imprisonment, a $1,500,000 fine and an order of restitution of $247,249.88.
Huntington National Bank has restored all of the customers’ money to their accounts. The case was prosecuted by Assistant United States Attorney John C. Parr and
investigated by the Federal Bureau of Investigation and Internal Revenue Service, with
cooperation from the Huntington National Bank’s Corporate Security office.Two Clarksburg Residents Sentenced on Crack Cocaine ChargesRead the Press Release
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Preston County Resident Enter Plea to Possession of Stolen Explosives
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Clarksburg.JASON SAUNDERS a/k/a “JOSH JAMES,” age 25, of Bridgeport, West Virginia, was sentenced to 41 months imprisonment to be followed by six years of supervised release. SAUNDERS entered a plea of guilty on March 20, 2013, to “Distribution of Crack Cocaine within 1,000 Feet of Simpson Elementary School” on May 29, 2012.
DEREK DELEON BROWN a/k/a “SMOKE,” age 23, of Clarksburg (formerly of Pittsburgh, Pennsylvania) was sentenced to 15 months imprisonment to be followed by three years of supervised release. BROWN entered a plea of guilty on March 20, 2013, to “Distribution of Crack Cocaine” on June 26, 2012, in Harrison County.
SAUNDERS and BROWN were remanded to the custody of the United States Marshal pending designation to a Federal institution.
This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
GREGGORY MAYFIELD, age 49, of Albright, West Virginia, entered a plea of guilty to “Possession of Stolen Explosives.” From December 2012 to February 20, 2013, MAYFIELD possessed two sticks of dynamite and 2 blasting caps he had stolen from his employer, Consolidation Coal Company. MAYFIELD, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Ten Individuals Sentenced in Federal CourtRead the Press Release
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ELKINS, WEST VIRGINIA - Ten individuals were recently sentenced in United States
District Court in Elkins by Chief Judge John Preston Bailey.United States Attorney William J. Ihlenfeld, II, announced that:
CHRISTOPHER WAYNE WILLIAMS, age 39, of Mill Creek, West Virginia, was sentenced to 70 months imprisonment to be followed by three years of supervised release. WILLIAMS entered a plea of guilty on April 17, 2013, to “Felon in Possession of a Firearm.” WILLIAMS possessed a firearm on March 15, 2013, despite having a prior felony conviction from the Circuit Court of Cabell County for Burglary. WILLIAMS’ sentence was enhanced due to his possession of stolen firearms in connection with the offense of burglary. WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the
Bureau of Alcohol, Tobacco, Firearms and Explosives.WILLIAM JOSEPH RUSSELL, age 39, of Cass, West Virginia, was sentenced to 60 months imprisonment to be followed by three years of supervised release. RUSSELL entered a plea of guilty on February 7, 2013, to “Possession of Material Used in the Manufacture of Methamphetamine.” RUSSELL, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the West Virginia State Police and the Pocahontas County Sheriff’s Office
VELAIR VON COLLINS, II, age 42, of Elkins, West Virginia, was sentenced to 57 months imprisonment to be followed by three years of supervised release. COLLINS entered a plea of guilty on March 27, 2013, to “Felon in Possession of a Firearm.” COLLINS, having previously been convicted in the Circuit Court of Randolph County, West Virginia, of the felony offense of Driving Under the Influence-Third Offense, knowingly possessed a Harrington & Richardson shotgun and a Marlin rifle on September 4, 2012, in Elkins. COLLINS, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the Elkins Police Department and the West Virginia State Police.
These two cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
TIMOTHY WAYNE WALDEN, age 36, of Bayard, West Virginia, was sentenced to
41 months imprisonment to be followed by 20 years of supervised release. WALDEN entered a plea of guilty on April 16, 2013, to “Failure to Update Sex Offender Registration.” From November 12, 2012, to January 17, 2013, in Bayard, West Virginia, WALDEN knowingly failed to update a registration pursuant to the Sex Offender Notification Act. WALDEN was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the United States Marshals Service.RONALD JOHN LOUK, age 30, of Churchsville, Virginia,was sentenced to 37 months imprisonment to be followed by 20 years of supervised release. LOUK entered a plea of guilty on March 27, 2013, to “Failure to Update Sex Offender Registration.” During the period October 20 to November 21, 2012, LOUK, a person required to register under the Sex Offender Notification Act and who traveled in interstate commerce, did knowingly fail to update his registration. LOUK was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the United States Marshals Service and the West Virginia State Police.
These two cases were prosecuted by Criminal Chief Shawn A. Morgan.
BRANDON EDWARD ANDERSON, age 23, of Rock Cave, West Virginia, was sentenced to 37 months imprisonment to be followed by three years of supervised release. ANDERSON was also ordered to make restitution in the amount of $2,496 to the Drug Enforcement Administration for the meth lab clean up. ANDERSON entered a plea of guilty on April 16, 2013, to two counts of “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” ANDERSON 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.
BRIAN KEITH HAMMER, age 51, of Elkins, was sentenced to 15 months imprisonment to be followed by three years of supervised release. HAMMER entered a plea of guilty on December 11, 2012, to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” HAMMER, who is free on bond, will self-report to the designated Federal institution. This case was investigated by the Randolph County Sheriff’s Department and the West Virginia State Police.
These two cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
JANEL PHILLIPS, age 45, of Belington, West Virginia, was sentenced to 10 months imprisonment, with the first 5 months being served in the custody of the Bureau of Prisons and the second 5 months being served under home detention. PHILLIPS was also ordered to make restitution in the amount of $85,327.74 to Legal Aid of West Virginia. PHILLIPS entered a plea of guilty on March 27, 2013, to “Federal Program Fraud.” From January of 2007 to May of 2010, PHILLIPS, while working as a ombudsman for Legal Aid of West Virginia, submitted false mileage claims and time sheets to fraudulently obtain over $90,000 from the federally funded Long-Term Care Ombudsman Fund. PHILLIPS, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the Department of Health and Human Services and the Legal Services Corporation-Office of Inspector General.
TIFFANY ROACH, age 24, of Lewis County, West Virginia, was sentenced to 5 years probation. ROACH entered a plea of guilty on December 13, 2012, to “Providing a False Statement to a Federal Firearms Licensee in the Acquisition of a Firearm”. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Weston Police Department.
HUNTER TURNER, age 20, of Circleville, West Virginia, was sentenced to 5 years probation. TURNER entered a plea of guilty on July 9, 2012, to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” TURNER completed a drug rehabilitation program at the Anthony Center while waiting for his sentencing hearing. This case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the West Virginia State Police and the United States Forest Service/Homeland Security Investigations.
Eleven Individuals Sentenced During the Month of June for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of June, 2013, eleven (11) 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.)
CALVIN SPEARS, age 32, of Wheeling, was sentenced to 18 months imprisonment for possession and use of marijuana and cocaine and failure to submit monthly supervision reports. SPEARS was originally sentenced on April 22, 2002, to 120 months imprisonment and
3 years of supervised release for interstate transportation of controlled substances. SPEARS’ sentence in this case will run consecutively to the 15-year sentence he is currently serving for a conviction in the Circuit Court of Ohio County.SEAN BURT, age 30, of Cleveland, Ohio, was sentenced to 14 months imprisonment for failure to attend drug aftercare, leaving the district without permission, new law violations and failure to notify probation officer of new arrest. BURT was originally sentenced on April
28, 2003, to 125 months imprisonment and 5 years of supervised release for the distribution of cocaine base within 1,000 feet of a school. BURT was remanded to the custody of the United States Marshal pending designation to a Federal institution.VANCE L. BURNS, age 53, of Wheeling, West Virginia, was sentenced to 8 months imprisonment to be followed by 48 months of supervised release for possession and use of cocaine. BURNS was originally sentenced on March 24, 2006, to 78 months imprisonment and
6 years of supervised release for the distribution of cocaine base within 1,000 feet of a playground. BURNS was remanded to the custody of the United States Marshal pending designation to a Federal institution.DANIEL BANKS, age 37, of Wheeling, was sentenced to 5 months imprisonment to be followed by 19 months of supervised release for the possession and distribution of a controlled substance on two occasions. BANKS was originally sentenced on January 23, 2006, to 92 months imprisonment and 2 years of supervised release for being a felon in possession of a firearm. BANKS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and David J. Perri.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
BRIAN GRIFFEY, age 43, of Monongah, West Virginia, was sentenced to 18 months imprisonment for unlawful possession of controlled substances and attempting to defeat a drug test. GRIFFEY was originally sentenced on March 27, 2003, to 77 months imprisonment and
3 years of supervised release for the distribution of heroin. GRIFFEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.ED CORNEY, age 25, of Morgantown, West Virginia, was sentenced to 14 months imprisonment for possession of controlled substances, testing positive for the use of controlled substances, possession of dangerous weapon, failure to participate in drug rehabilitation program and failure to obtain GED and participate in educational training program. CORNEY was originally sentenced on November 24, 2008, to 18 months imprisonment and
3 years of supervised release for the distribution of cocaine. CORNEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.PAUL BOWEN, age 27, of Clarksburg, West Virginia, was sentenced to 14 months imprisonment for failure to report for drug testing, failure to attend substance abuse counseling session, failure to report change in employment status, failure to report change of address, failure to follow instructions of probation officer, possession of opiates and cocaine, testing positive for the use of opiates and cocaine, and failure to provide proper paperwork to the probation officer. BOWEN, was originally sentenced on April 24, 2007, to 30 months imprisonment and 36 months of supervised release for the distribution of cocaine base. BOWEN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorneys Shawn A. Morgan and Zelda E. Wesley.MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
STEPHANIE MILLER, age 25, of Martinsburg, was sentenced to 6 months imprisonment for failure to support monthly report forms, testing positive for the use of controlled substances, failure to attend counseling as directed and committing a new charge of shoplifting. MILLER was originally sentenced on April 7, 2009, to 24 months imprisonment and 3 years of supervised release for the distribution of cocaine. MILLER was remanded to the custody of the United States Marshal pending designation to a Federal institution.DEVIN PARRISH, age 28, of Morgan County, West Virginia, was sentenced to 4 months imprisonment for third DUI offense, battery on police officer and change of address without permission of the probation officer. PARRISH was originally sentenced on June 19,
2006, to 30 months imprisonment and 3 years of supervised release possession with intent to distribute cocaine base. PARRISH was remanded to the custody of the United States Marshal pending designation to a Federal institution.The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.ELKINS DIVISION REVOCATIONS
(Chief Judge John Preston Bailey)
ADRON H. CLAYPOOL, age 45, of Charleston, West Virginia, was sentenced to 9 months imprisonment for use and possession of controlled substances and alcohol, committing another crime while on supervised release and failure to notify probation officer of his arrest. CLAYPOOL was originally sentenced on April 24, 2006, to 63 months imprisonment and 3 years of supervised release for possession of pseudoephedrine with intent to manufacture methamphetamine. CLAYPOOL was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MATTHEW SHANE BURNS, age 41, of Randolph County, West Virginia, was sentenced to 6 months imprisonment to be followed by 30 months of supervised release for committing another crime while on supervised release, failure to answer truthfully all inquiries of the probation officer and associating with others engaged in criminal activity. BURNS was originally sentenced on May 10, 2005, to 77 months imprisonment and 3 years of supervised release for being a felon in possession of a firearm. BURNS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Elkins revocation hearings by Assistant
United States Attorney Stephen D. Warner.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Wheeling Man Sentenced to 10 Years Imprisonment for Illegal Possession of A FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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WHEELING, WEST VIRGINIA — A 28-year old Wheeling, West Virginia, resident who threatened to kill his girlfriend and others with a semi-automatic rifle was sentenced in Federal court on June 20, 2013.
United States Attorney William J. Ihlenfeld, II announced that JORDAN L. LAUDERMILT was sentenced to 120 months imprisonment to be followed by three years of supervised release. LAUDERMILT was found guilty after a jury trial on February 7, 2013, to being a “Felon in Possession of a Firearm” as a result of his use of a Ruger .22 Caliber Rifle in a domestic dispute on Justice Lane in Ohio County in February of 2011. Evidence presented at trial established that LAUDERMILT demanded a cash payment from his girlfriend and when she refused to comply he threatened to shoot her, her father, and her brother. Ohio County Sheriff’s Deputies responded to the scene and placed LAUDERMILT under arrest after surrounding the house and observing him yell out threats of harm for approximately twenty minutes.
LAUDERMILT was remanded to the custody of the United States Marshal pending designation to a Federal institution.
This case was prosecuted by U.S. Attorney Ihlenfeld and Assistant United States Attorney Randolph J. Bernard and in addition to the sheriff’s department it was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Keyser Resident Sentenced to More Than 7 Years Imprisonment on Drug ChargesRead the Press Release
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Five others appear for Pleas and Sentencings
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Martinsburg.CHARLES PAGE HAINES, III, age 51, of Keyser, West Virginia, was sentenced to 92 months imprisonment to be followed by six years of supervised release. HAINES was convicted on March 13, 2013, after a two-day trial on one count of “Conspiracy to Distribute Cocaine Base” from June 5 to June 28, 2012; four counts of “Distribution of Cocaine Base” on June 5, June 6 and twice on June 7, 2012; and one count of “Maintaining a Drug-Involved Premise” from June 5 to June 28, 2012, all in Keyser, Mineral County, West Virginia. Trial evidence indicated that HAINES was involved with co-defendants Loren Constantine Brown and Crystal Starr Metz in a conspiracy to distribute cocaine base and provided his residence as a place from which the crack was distributed. HAINES was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and former Assistant United States Attorney Thomas O. Mucklow and investigated by the Potomac Highlands Drug and Violent Crimes Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.
BRANDON LEE SPAUR, age 26, of Martinsburg, was sentenced to 18 months imprisonment to be followed by two years of supervised release pursuant to his earlier entered a plea of guilty to “Possession of a Firearm by a Convicted Felon.” SPAUR was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and 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.
RICARDO DIAZ, age 40, of Inwood, West Virginia, entered a plea of guilty to “Possessing Forged and False Identity Documents” on May 8, 2013, in Inwood. DIAZ, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
KEIRA LEE WIDDOWS, age 31, of Hagerstown, Maryland, entered a plea of guilty to “Making a False Statement in the Acquisition of a Firearm.” WIDDOWS, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
These three cases were prosecuted by Assistant United States Attorney Paul T. Camilletti.
JASON SWISHER, age 30, and JENNIFER N. HILEMAN, age 29, of Bunker Hill, West Virginia, entered pleas of guilty to “Conspiracy to Distribute Heroin.” SWISHER and HILEMAN, who are free on bond pending sentencing, face up to 20 years imprisonment and a $1,000,000 fine. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Four Indicted by Elkins Grand JuryRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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The following indictments were also returned by the grand jury this week:
DANIEL JOSEPH NASCEMBENI, age 71, of Petersburg, West Virginia, was named in a two-count Indictment charging him with “Mail Fraud,” and “False Statement of Material Fact in Application for Social Security Income Benefits.” It is alleged that NASCEMBENI used two different names and two separate social security numbers to fraudulently obtain Supplemental Security Income (SSI) benefits, food stamp benefits and welfare benefits.
If convicted, NASCEMBENI faces up to 20 years imprisonment and a $250,000 fine on the mail fraud charge and up to 5 years imprisonment and a $250,000 fine on the false statement charge. This case was investigated by the Social Security Administration.
CHRISTOPHER MICHAEL FISCHER, age 27, of Moorefield, West Virginia, and ROGER ALLEN SEE, age 23, of Lost River, West Virginia, were named in a seven-count Indictment charging them with “Conspiracy to Distribute Methamphetamine.” FISCHER is named in six additional counts and SEE is named in one additional count charging them with the possession of material and pseudoephedrine to be used in the manufacture of methamphetamine. If convicted, FISCHER and SEE face up to 20 years imprisonment and a fine of $1,000,000 on six counts and up to 10 years imprisonment and a $250,000 on one. This case was investigated by the Moorefield Police Department.
JACK FRANCIS GIBBINS, age 35, of Moorefield, West Virginia, was named in a two- count indictment charging him with “Distribution of Heroin” and “Possession with intent to Distribute Heroin and Oxycodone.” If convicted, GIBBINS faces up to 20 years imprisonment and a $1,000,000 fine on each count. This case was investigated by the Hardy County Sheriff’s Department.
These cases will be prosecuted by Assistant United States Attorney Stephen D. Warner. All of the charges contained in the above-referenced indictments are merely accusations
and not evidence of guilt, and each defendant is presumed innocent until and unless proven
guilty.Wetzel County Heroin Suppliers IndictedRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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Pipeline from Pittsburgh Disrupted by Federal Indictment
WHEELING, WV – A Pittsburgh man who was supplying large amounts of heroin to Wetzel County has been indicted by a federal grand jury, according to United States Attorney William Ihlenfeld, II.
Damon Rashad Reese, also known as “Mac”, age 25, of Pittsburgh, Pennsylvania, has been charged with “Conspiracy to Distribute More than 100 Grams of Heroin” between January and May of 2013. Reese is also charged with two counts of “Use of a Telephone to Facilitate the Distribution of Heroin.”
In addition to Reese, two others were indicted as part of the same investigation. Kimberly Lynn Nelson, age 30, and Matthew Scott Hedrick, age 32, both of New Martinsville, also face the felony charge of “Conspiracy to Distribute More than 100 Grams of Heroin”, along with a separate count of “Aiding & Abetting the Possession with Intent to Distribute Heroin.”
It is alleged that Nelson and Hedrick traveled regularly to Pittsburgh to acquire heroin from
Reese and then returned to Wetzel County to redistribute the drug.Each of the defendants face a sentence of 5 to 40 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of each defendant.
The case will be prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the West Virginia State Police - Bureau of Criminal Investigations.
Reese, Nelson, and Hedrick are presumed innocent until and unless proven guilty.
Wheeling Residents Indicted on 22 Counts of Heroin and Cocaine TraffickingRead the Press Release
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Government seeks forfeiture of home where drugs allegedly sold
WHEELING, WV – Four Wheeling residents have been charged in a twenty-two count indictment with the trafficking of heroin and cocaine in the Wheeling area.
According to U.S. Attorney William Ihlenfeld, II, the following individuals have been charged in federal court with “Conspiracy to Distribute Cocaine Base and Heroin” from November of 2012 to January of 2013: Deon Young, age 29; Megan Brak, age 26; Solomon Sims, age 56; and Carlos Moore a/k/a “Los”, age 27.
Young faces a total of twenty-one counts, Sims faces three counts, and Brak and Moore face two counts each. In addition to the conspiracy charge, other charges include the distribution of cocaine and heroin, the distribution of cocaine within 1,000 feet of the Bridge Park Playground, the maintaining of a drug-involved premise, and the use of a telephone to aid in the distribution of cocaine and heroin.
The U.S. Attorney’s Office is seeking to forfeit a home located at 319 North Huron Street because the home is believed to have been used to facilitate the commission of drug trafficking.
Each defendant faces up to twenty years in prison on the conspiracy, distribution, and maintaining a drug-involved premise charges, up to forty years in prison on the sales that occurred near the playground, and up to four years in prison on the telephone counts.
This case will be prosecuted by Assistant United States Attorney Randolph J. Bernard.
The investigation was conducted by the Ohio Valley Drug Task Force, which is
comprised of officers and agents from the West Virginia State Police-BCI, the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.All of the charges contained in the indictment are merely accusations and not evidence of guilt. Each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Montana Mines Resident Sentenced to 10 Years Imprisonment on Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Two Individuals in Synthetic Drug Investigation Sentenced
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Clarksburg.THOMAS RANDALL, age 41, of Montana Mines, West Virginia, was sentenced to 120 months imprisonment to be followed by one year of supervised release pursuant to an earlier entered plea of guilty to “Felon in Possession of a Firearm.” RANDALL was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
JEREMIA J. PHILLIPS, age 30, of and DERRICK L. CALIP, age 40, of Clarksburg were sentenced to 21 months imprisonment to be followed by three years of supervised release, with credit for time served since April 18, 2012, pursuant to their earlier entered pleas of guilty to “Conspiracy to Distribute Schedule I Controlled Substances and Schedule I Controlled Substance Analogues, referred to as ‘bath salts’ from September 7, 2011, to April 17, 2012, in Harrison County. PHILLIPS and CALIP were remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Harrison County Drug and Violent Crimes Task Force and the Drug Enforcement Administration, the Three Rivers Drug Task Force and the Internal Revenue Service-Criminal Investigations.
Bridgeport Resident Arrested Pursuant to Federal IndictmentRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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WHEELING, WEST VIRGINIA — A 33 year old Bridgeport, Ohio, resident was arrested today pursuant to an Indictment returned by a Federal Grand Jury.
According to United States Attorney William J. Ihlenfeld, II, MICHAEL RUNYON was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from January of 2013 to May of 2013, RUNYON knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, RUNYON faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Marshals Service.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Six Former USP Hazelton Inmates Sentenced on Assault ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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CLARKSBURG, WEST VIRGINIA - Six former inmates at the United States Penitentiary at Hazelton, West Virginia, were sentenced in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II announced that:
ANTHONY YOUNG, age 35 and CARLTON ROBINSON, age 35, were each sentenced to 120 months imprisonment; LEO HACKETT, age 36, was sentenced to 70 months imprisonment; ANTOINE GILES, age 32 and DASHEAN BRADLEY, age 36, were sentenced to 60 months imprisonment; and, DEMETRIUS PALMER, age 31, was sentenced to 37 months imprisonment
YOUNG, ROBINSON, HACKETT, BRADLEY and PALMER entered pleas of guilty to “Conspiracy to Commit an Assault on Another Inmate.” YOUNG, ROBINSON and BRADLEY, as well as GILES entered pleas of guilty to “Assault Resulting in Serious Bodily Injury.” YOUNG and HACKETT also entered pleas of guilty to “Providing a False Statement.”
On October 14, 2006, YOUNG, ROBINSON, HACKETT, GILES, BRADLEY and PALMER attacked another inmate at USP Hazelton. YOUNG assaulted the victim and held him as GILES and BRADLEY stabbed him multiple times. The victim died from his wounds.
The case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at USP Hazleton.
Four Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
ELKINS, WEST VIRGINIA - Three individuals recently entered pleas of guilty to methamphetamine charges and one individual entered a plea of guilty to failure to update sex offender registration in United States District Court in Elkins.
According to United States Attorney William J. Ihlenfeld, II, the following individuals appeared before Magistrate Judge John S. Kaull.
SCOTT ALLEN GREENWALT, age 40, of Moorefield, West Virginia, entered a plea of guilty to “Attempting to Manufacture Methamphetamine” and his co-defendant, MICHELLE LEE STOCKING, age 23, of Moorefield, entered a plea of guilty to“Possession of Materials Used in the Manufacture of Methamphetamine” on September 4, 2012, in Hardy County. GREENWALT, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine. STOCKING, who is free on bond pending sentencing, faces up 10 years imprisonment and a $250,000 fine. This case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force and the Moorefield Police Department. The task force consists of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.
ALAN LEE STANLEY, age 33, of Buckhannon, West Virginia, entered a plea of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on October 25, 2012. STANLEY, who is in custody pending sentencing, faces up to 20 years imprisonment and a $250,000 fine. This case was investigated by the Buckhannon Police Department.
These cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
KYLE HEFT, age 35, of Mahanoy City, Pennsylvania, entered a plea of guilty to “Failure to Update Sex Offender Registration.” HEFT knowingly failed to update a registration pursuant to the Sex Offender Notification Act. HEFT, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the United States Marshals Service.DC Resident Sentenced to More Than 11 Years Imprisonment on Drug ChargesRead the Press Release
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Seven others appear for Pleas and Sentencings
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Martinsburg.TERRENCE JOHNSON, age 37, was sentenced to 135 months imprisonment to be followed by four years of supervised release. JOHNSON was convicted on two counts of “Distribution of Cocaine Base,” one count of “Possession with Intent to Distribute More than
28 Grams of Cocaine Base,” and one count of “Possession with Intent to Distribute Heroin” March 8, 2013, following a three-day trial before Judge Gina M. Groh. JOHNSON, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.BRIAN CLIFTON JACKSON, age 38, of Washington, DC was sentenced to 84 months imprisonment to be followed by three years of supervised release. JACKSON entered a plea of guilty on February 27, 2013,“Use of a Communication Facility to Facilitate the Distribution of Heroin.” JACKSON was remanded to the custody of the United States Marshal pending designation toa Federal institution. This case was prosecuted by Assistant United States Attorneys Jarod Douglas and Stephen Warner and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
CARLOS VINCENT RIVERA, age 43, of Martinsburg, was sentenced to 37 months imprisonment to be followed by three years of supervised release. RIVERA entered a plea of guilty on February 25, 2013, to “Felon in Possession of a Firearm.” On June 21, 2012, RIVERA possessed a firearm despite having a prior felony convictions for possession of cocaine and aggravated robbery. RIVERA was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department.
ISMAIL OMARA, age 34, formerly of Wallingford, Pennsylvania, was sentenced to 37 months imprisonment to be followed by three years of supervised release. OMARA entered a plea of guilty on February 25, 2013, to “Bank Fraud.” Between March 16 and April 15,
2011, OMARA utilized a mobile telephone app that the USAA Federal Savings Bank offers to allow customers to make deposits from their mobile phone using scanner technology, to deposit ten checks totaling $27,530 from a bank account in which OMARA had nearly no money. After making the deposits to the USAA Federal Savings Bank account, OMARA immediately withdrew the funds via ATM withdrawals at casinos in Atlantic City, New Jersey, and Charles Town, West Virginia. As part of his plea, OMARA will make restitution to USAA for the total loss of $25,152.32. This case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the United States Secret Service.COREY HASSAN MITCHELL, age 42, of Falling Waters, West Virginia, was sentenced to 15 months imprisonment to be followed by three years of supervised release. MITCHELL entered a plea of guilty on February 21, 2013, to “Distribution of Crack Cocaine.” MITCHELL was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
VAUGHAN J. HENRY, age 28, of Kearneysville, West Virginia, was sentenced to 15 months imprisonment to be followed by three years of supervised release. HENRY enter a plea of guilty on February 25, 2013, to “Possession with Intent to Distribute Crack Cocaine.” HENRY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by First Assistant United States Attorney Betsy C. Jividen and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
PAULA S. HIGH, age 55, of Virginia Beach, Virginia, was sentenced to 14 days imprisonment to be followed by one year of supervised release. HIGH enterer a plea of guilty on February 21, 2013, to “Acquiring, Obtaining, and Possessing Controlled Substances by Mispresentation, Fraud, Forgery and Deception,” on March 9, 2009. HIGH, while a Registered Nurse assigned to the ER of the Department of Veterans Affairs, VA Medical Center, in Martinsburg, acquired controlled substances using an account assigned and authorized to her through her employment. However, instead of administering the medication to a patient, HIGH kept the controlled substances for personal use. HIGH, who is on bond, will self-report to the designated Federal institution. The case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the U.S. Department of Veterans Affairs/Office of Inspector General.
DANIELLE OSTROWSKI JONES, age 23, of Pasadena, Maryland, entered a plea of guilty to “Knowing Possession of Stolen Firearms.” JONES, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco and Firearms.
Anmoore Resident Sentenced for the Distribution of Crack Cocaine Within 1,000 Feet of the Clarksburg City ParkRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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Three others appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II
announced that the following individuals recently appeared in Federal Court in Clarksburg.RAYMOND RITCH a/k/a “RAY” was sentenced to 12 months imprisonment to be followed by six years of supervised release. RITCH entered a plea of guilty on January 29,
2013, to the distribution charge. RITCH was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the HarrisonCounty Drug and Violent Crime Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.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.
ALLEN GARROD, age 55, an inmate at USP Hazelton, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm” on December 9, 2012, when GARROD assaulted another inmate with a prison-make knife. GARROD was sentenced to 24 months imprisonment to be served consecutively with his current 132-month sentence. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at USP Hazelton.
FRANKLIN MCVAY, age 27, of Morgantown, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” MCVAY, who was previously convicted in the Circuit Court of Marion County, West Virginia, on the felony charge of unlawful assault was prohibited from possessing a firearm. However, on January 19, 2013, MCVAY discharged multiple rounds from a handgun he possessed into the ceiling at a club in Morgantown. MCVAY, who is in custody pending sentencing, faces up to 10 years imprisonment and a
$250,000 fine. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.DAVID SOKOLOWSKI, age 42, of Pt. Marion, Pennsylvania, entered pleas of guilty to “Assault of a VA Police Officer” and “Disorder Conduct.” On February 15, 2013, SOKOLOWSKI went to the Louis A. Johnson VA Medical Center in Clarksburg for treatment where he became disruptive while using a phone in the ER. When VA police officers arrived, he verbally threatened to kill them, hit one of the officers and threatened to shoot people in the ER, including the officers. SOKOLOWSKI, who is free on bond pending sentencing, faces up to 1 year imprisonment and a $300,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Veterans Administration Police.
RONALD CLEVENGER, age 70, of Clarksburg, West Virginia, entered a plea of guilty to “Embezzlement.” Between October of 1999 and September of 2010, CLEVENGER embezzled and converted Social Security supplemental income payments and Department of Labor Coal Mine Workers’ Compensation benefits in the amount of $115,150, which had been paid to his deceased mother. CLEVENGER, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Social Security Administration-Office of Inspector General and the Department of Labor-Office of Inspector General.
Two Triadelphia Residents Indicted on Firearms ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA —United States Attorney William J. Ihlenfeld, II, announced that:
SCOTT P. CORKRAN, JR., age 24, of Triadelphia, West Virginia, was named in a three-count Indictment charging him with “Felon in Possession of a Firearm,” “Possession of a Firearm with an Obliterated Serial Number,” and “Drug Abuser in Possession of a Firearm.” The Indictment also seeks the forfeiture of two firearms and ammunition. If convicted, CORKRAN faces up to 7 years imprisonment and a $500,000 fine. This case will be prosecuted by Assistant United States Attorney David Perri.
BRIAN BEHRENS, age 44, of Triadelphia, West Virginia, was named in a one-count Indictment charging him with “Felon in Possession of a Firearm” on November 20, 2012, in Ohio County. The Indictment also seeks the forfeiture of the Remington firearm. If convicted, BEHRENS faces a maximum exposure of 10 years imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Stephen Vogrin.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and
Explosives.Fairmont Resident Indicted on Methamphetamine ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA —United States Attorney William J. Ihlenfeld, II, announced that:
TONISHA WOODS, age 34, of Fairmont, West Virginia, was named in a three-count Indictment charging her with the “Distribution of Morphine.” If convicted, WOODS faces up to 20 years imprisonment and a $1,000,000 fine on each count. This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Three Rivers Task Force, consisting of officers from the Fairmont Police Department and the Fairmont State University Police Department.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Charleston Man Charged with Traveling to Have Sex with Minor FemaleRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Defendant alleged to have taken victim to hotel in Wetzel County
WHEELING, WV – A West Virginia man has been indicted by a federal grand jury for allegedly traveling across state lines to have sex with a minor whom he had met on the Internet, according to United States Attorney William J. Ihlenfeld, II.
MARK LORING DAWSON, age 51, of Charleston, West Virginia, is charged with driving to Sardis, Ohio and picking up a minor female, and then transporting her to a hotel in New Martinsville, West Virginia, and engaging in sexual activity with her on two separate occasions. These acts are alleged to have occurred between May of 2012 and April of 2013.
DAWSON faces two counts of “Transportation with Intent to Engage in Criminal Sexual Activity” and two counts of “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.” If convicted, DAWSON faces up to life in prison on the transportation counts and up to thirty years in prison on the traveling counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
DAWSON, who is being held at the South Central Regional Jail, will appear in federal court today for an initial appearance.
The case will be prosecuted by U.S. Attorney Ihlenfeld and is being investigated by the Federal
Bureau of Investigation and the New Martinsville Police Department.DAWSON is presumed innocent until and unless proven guilty.
Seven Individuals Sentenced During the Month of May for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of May, 2013, seven 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.)
JOSH SMITH, age 25, of Weirton, West Virginia, was sentenced to 5 months imprisonment to be followed by 24 months of supervised release for a state conviction of domestic battery while on supervised release. SMITH was originally sentenced on July 1,
2008, to 60 months imprisonment and 3 years of supervised release for interstate travel in aid of racketeering. SMITH was remanded to the custody of the United States Marshal pending designation to a Federal institution.The United States was represented at the Wheeling revocation hearing by Assistant
United States Attorney Randolph J. Bernard.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
LEO THOMPSON, age 31, of Fairmont, West Virginia, was sentenced to 8 months imprisonment for testing positive for the use of cocaine on two separate occasions. THOMPSON was originally sentenced on November 27, 2006, to 33 months imprisonment and three years of supervised release for the distribution of crack cocaine. THOMPSON will self- report to the designated Federal institution.DAVID FREEMAN INGRAM, age 33, of Clarksburg, was sentenced to 18 months imprisonment for testing positive for the use of controlled substances on three separate occasions. INGRAM was originally sentenced on November 24, 2008, to 24 months imprisonment and six years of supervised release for the distribution of morphine within 1,000 feet of a protected location. INGRAM will self-report to the designated Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorneys Zelda E. Wesley and Brandon S. Flower.MARTINSBURG DIVISION REVOCATIONS
MATTHEW JENKINS, age 40, of Jefferson County, West Virginia, was sentenced to
13 months imprisonment for testing positive for the use of controlled substances, driving while suspended and changing residence without permission from the Probation Officer. JENKINS was originally sentenced on July 23, 2009, to 41 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. JENKINS was remanded to the custody of the United States Marshal pending designation to a Federal institution.DAMON MITCHELL, age 37, of Berkeley County, West Virginia, was sentenced to 8 months imprisonment to be followed by 28 months of supervised release for testing positive for the use of controlled substances on three separate occasions and changing residence without permission from the Probation Officer. MITCHELL was originally sentenced on October 25, 2000, to 219 months imprisonment and 3 years of supervised release for the distribution of cocaine base. On February 2, 2009, MITCHELL’s sentenced was reduced to
177 months imprisonment and on November 1, 2011, MITCHELL’s sentence was again reduced to 141 months pursuant to the crack re-sentencing guidelines. MITCHELL was remanded to the custody of the United States Marshal pending designation to a Federal institution.BRIAN GROVE, age 23, of Berkeley County, was sentenced to 4 months imprisonment to be followed by 17 months of supervised release for testing positive for the use of controlled substances, failing to report for drug test and changing residence without permission from the Probation Officer. GROVE was originally sentenced on January 25, 2011, to 12 months and
1 day imprisonment and 3 years of supervised release for the possession with intent to distribute cocaine base. GROVE was remanded to the custody of the United States Marshal pending designation to a Federal institution.JASON YAIDER, age 37, of Mineral County, West Virginia, was sentenced to 82 days imprisonment for the possession of ammunition. YAIDER was sentenced on March 29, 2010, to 3 months imprisonment and 3 years of supervised release for possession of a firearm after a conviction for domestic violence. YAIDER’s supervised release was previously revoked on July 6, 2011, and he was sentenced to 15 months imprisonment and 3 years of supervised release. YAIDER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Woman Indicted for Aiding the Escape of an Inmate from Federal PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - A woman who is alleged to have aided the escape of a man from a federal prison in Morgantown has been indicted and arrested.
JAMIE ANGEL CLAYTON, age 39, of Edgewater, New Jersey, was arrested on Thursday pursuant to an Indictment charging her with aiding the escape of a convicted drug trafficker from the Federal Correctional Institution in Morgantown, West Virginia.
According to United States Attorney William Ihlenfeld, II, CLAYTON is alleged to have aided Eugene Cobbs in escaping from the prison last month. Prior to his escape, Cobbs had been serving a 151 month sentence for conspiring to distribute more than five kilograms of cocaine.
Cobbs, who is still on the run, was charged in the same indictment with “Escape.” CLAYTON appeared before a federal magistrate judge and was remanded to custody
pending a detention hearing.
If convicted, each defendant faces up to 5 years imprisonment and a $250,000 fine. The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and
is being investigated by the United States Marshals Service.The charges contained in the indictment are merely accusations and not evidence of guilt. The defendants are presumed innocent until and unless proven guilty.
Synthetic Drug Supplier on the RunRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist
Follow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA -- JOHN N. SKRUCK, 57, of Clarksburg, has absconded from his court-ordered bond and is now the subject of a nationwide manhunt.
SKRUCK was scheduled to stand trial in United States District Court on Tuesday, May
14, 2013, for Conspiracy to Distribute Schedule I Controlled Substances and Schedule I Controlled Substance analogues, referred to as “bath salts,” distribution and possession with intent to distribute “bath salts” on multiple occasions between September of 2011 and April of 2012, maintaining drug involved premises; money laundering and structuring.United States Attorney William J. Ihlenfeld, II, announced that on Monday, May 13,
2013, it was discovered that SKRUCK had not returned from an approved out of town travel. Federal Magistrate Judge John S. Kaull issued a warrant for SKRUCK’s arrest and SKRUCK’s name was entered into a national fugitive database so that other jurisdictions will know that he is wanted.Anyone with information about SKRUCK’s whereabouts should call law enforcement officials at 304-623-0486.
It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that SKRUCK is presumed innocent until and unless proven guilty.
Photo of JOHN NICHOLAS SKRUCK