Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Will Thompson honored more than 80 federal, state and local law enforcement professionals today for their outstanding contributions to investigations and cases in the Southern District of West Virginia.

The 2024 Law Enforcement Awards, presented during a ceremony at the Robert C. Byrd U.S. Courthouse in Charleston, recognize both invaluable assistance within specific categories of cases and office initiatives as well as overall exemplary service over the past year.

“Today, we recognize and honor those who did an outstanding job serving and protecting our communities during the past year. They provided vitally important assistance to our office in the pursuit of justice,” Thompson said. “We also celebrate and promote the cooperation among agencies. Through these awards, we salute collaborative efforts, including joint investigations and partnerships formed to spearhead criminal justice initiatives. These are so crucial to our shared mission.”

Law enforcement officers and organizations were honored in the following categories:

Category: White Collar Crime

Outstanding White Collar Crime Case: U.S. vs David K. Smith et al. (3:23-cr-5)

• Port Security Specialist Todd A. Childers, United States Coast Guard (USCG)
• Marine Science Technician First Class Caitlin Furman, USCG
• Marine Science Technician First Class Adam Krukowski, USCG
• Marine Science Technician First Class Lenn L. Pitt, USCG
• Chief Warrant Officer Michael D. Rushane, USCG
• Chief of Inspections Geoffrey Scibek, USCG
• Special Agent Nick Gillispie, U.S. Environmental Protection Agency (USEPA)
• Special Agent Kim Taylor, USEPA
• Environmental Inspector Supervisor Ryan Harbison, West Virginia Department of Environmental Protection

An investigation revealed that David K. Smith, 69, of Paducah, Kentucky, was the sole owner and officer of Western River Assets LLC and River Marine Enterprises LLC. Western River Assets owned a towboat, Gate City, that docked along the West Virginia shore of the Big Sandy River.

The U.S. Coast Guard inspected the Gate City towboat and issued an administrative order in November 2017 that required Smith to remove all oil and hazardous materials from the Gate City towboat. This administrative order said in part that the Gate City presented an “imminent and substantial threat to the public health or welfare of the environment because of a threatened discharge of oil from the vessel.”

On or about January 10, 2018, the Gate City towboat sank while docked along the West Virginia shore of the Big Sandy River. The sinking discharged oil and other substances into the Big Sandy, leaving a sheen on the river and oily deposits beneath the surface. As a direct result of the Gate City’s sinking and oil spill, the City of Kenova, West Virginia, closed its municipal drinking water intake for three days. Various regulatory agencies had to take actions and expend resources to respond to the spill.

Smith pleaded guilty individually and on behalf of River Marine Enterprises and Western River Assets to the discharge of refuse into navigable waters on October 17, 2023. Smith was subsequently sentenced to one year and six months of federal probation, including six months on home detention. River Marine Enterprises and Western River Assets were each fined $100,000 and placed on corporate probation for five years. The defendants were also ordered to pay $1,856,957.92 in restitution, and the LLC defendants are prohibited from operating any business while on probation.

Outstanding White Collar Crime Case: U.S. vs Tabatha Deavers et al. (2:23-cr-14)

• Inspector Melissa Belmont, United States Postal Inspection Service
• United States Secret Service Special Agent Bryan Cruickshank (now with the United States Postal Inspection Service)
• Special Agent Gary Hilton, U.S. Department of Homeland Security - Homeland Security Investigations
• Special Agent Brian Horvath, United States Department of Veterans Affairs-Office of Inspector General
• Detective Brian Middleton, Kanawha County Sheriff’s Office

From approximately December 2020 through at least December 1, 2022, Brittany King, 35, of East Bank, and Tabatha Deavers, 30, of Charleston, were employed by a Kanawha County business that cleaned local office spaces. King and Deavers unlawfully obtained the personal identification information of multiple individuals while cleaning these area businesses. They also rerouted the mail of their identity theft victims, which allowed King and Deavers to open lines of credit and bank accounts and obtain loans and credit cards in the names of their identity theft victims.

King and Deavers caused a loss of at least $260,239.19 to more than 10 victims as a result of their fraudulent schemes. They stole money and property from individuals, lenders, financial institutions, car dealerships and other companies.

King and Deavers pleaded guilty in the fall of 2023 to wire fraud and aggravated identity theft. They were both sentenced to five years in prison. The mother of Tabatha Deavers, Amy Deavers, pleaded guilty in October 2023 to conspiracy to commit wire fraud in connection with this case. Amy Deavers admitted that she helped access and attempt to transfer a veteran’s stolen disability benefits as part of the identity theft scheme.

Category: Project Safe Childhood

Project Safe Childhood (PSC) is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched by the Department of Justice in 2006. Led by U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.

Outstanding PSC Case: U.S. vs Thomas John Mills (5:21-cr-96)

• Detective Wayne Long, Raleigh County Sheriff’s Office
• Detective Jarred Payne, Kanawha County Sheriff’s Office

On or about March 10, 2020, Thomas John Mills, 37, of Beckley, was released from jail following a conviction for child abuse causing injury against a 15-year-old female victim. After being released from jail through October 2020, Mills communicated via his cell phone and Facebook Messenger to coerce the same15-year-old female victim to engage in sexually explicit conduct including masturbation and the lascivious exhibition of her genitals, for the purpose of creating images and videos of this conduct. Mills had the minor take pictures and videos to send to him and also had her participate in live video chats where he told her to engage in sexually explicit conduct. The Court described the case as “one of the worst set of circumstances” it has seen.” Mills pleaded guilty to production of child pornography. On February 23, 2023, Mills was sentenced to 30 years in prison, to be followed by a lifetime of supervised release, and is required to register as a sex offender.

Category: Drug Trafficking

Outstanding Drug Trafficking Case: Operation Smoke & Mirrors

U.S. v. Jasper Wemh et al. (2:23-cr-4), U.S. v. Antonio Jeffries et al. (2:23-cr-31), U.S. v. Alexandria Estep et al. (2:23-cr-33), U.S. v. Ildiberto Gonzalez Jr. et al. (1:23-cr-32)

• Digital Forensic Specialist Kelsey Billups, Federal Bureau of Investigation (FBI):
• Paralegal Specialist Amy Boyd, FBI
• Senior Digital Forensic Examiner Melinda Cash, FBI
• Tactical Specialist Rose Chestnut, FBI
• Intelligence Analyst Sarah Cole, FBI
• Special Agent Mark Phillip Gunther II, FBI
• Special Agent Jennifer L. King, FBI
• Senior Financial Investigator Dean A. Lauffer, FBI
• Evidence Technician Joshua VanMeter, FBI
• Keven Allen, Charleston Police Department, Metropolitan Drug Enforcement Network Team (MDENT)
• Detective Matthew Cooper, St. Albans Police Department, MDENT
• Corporal Wes Daniels, Charleston Police Department, MDENT
• Detective David Harvey, South Charleston Police Department, MDENT
• Detective Jordan Hilbert, Charleston Police Department, MDENT
• Corporal Paul J. Hodge, Kanawha County Sheriff’s Office, MDENT
• Corporal Brian Hudson, Putnam County Sheriff’s Office, MDENT
• Corporal Seth Johnson, Charleston Police Department, MDENT
• Administrative Assistant Lori Lipscomb, MDENT
• Corporal Owen Morris, Charleston Police Department, MDENT
• Lieutenant Justin Raynes, Nitro Police Department, MDENT
• Detective Nigel Waller, Charleston Police Department, MDENT
• Deputy Chief of Police Jason Webb, Former MDENT Commander, Charleston Police Department
• Corporal Michelle R. Shaffer, West Virginia State Police
• Special Agent Ambra Dunn, Drug Enforcement Administration (DEA):
• Detective Alexander Bobinger, Charleston Police Department
• Special Agent Dan Karshenas, U.S. Department of Homeland Security, Homeland Security Investigations (HSI)

The eight-month investigation dubbed Operation Smoke and Mirrors resulted in the largest seizure of methamphetamine to date in the state of West Virginia. It disrupted a drug trafficking organization (DTO) with connections to California and the southern border that was responsible for distributing large quantities of methamphetamine, cocaine and fentanyl in Charleston.

Law enforcement obtained more than 50 search warrants, culminating in waves of arrests in March 2023. Law enforcement seized well over 400 pounds of methamphetamine as well as 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.

Four federal indictments were returned charging 32 individuals for their roles in the DTO. Another 24 individuals were charged in state criminal complaints. Thirty of the federal defendants pleaded guilty. Another was convicted by a federal jury after a two-day trial. The remaining federal defendant, Deayria Eyshay Willis, 25, of Charleston, is a fugitive. Nearly two dozen of the federal defendants were sentenced to prison. Eight of those defendants were sentenced to 10 years or more of imprisonment.

This investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) initiative. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. It is the keystone of the Department of Justice’s drug reduction strategy. Critical to the success of this strategy is harnessing the resources and expertise of its member federal agencies while in cooperation with state and local law enforcement.

Outstanding Drug Trafficking Case:  U.S. vs Raymond Jaquette Howard, et al. (3:22-cr-102)

• Special Agent Ben Henrich, Drug Enforcement Administration (DEA):
• Special Agent Brian Roscoe, DEA
• Special Agent Matt Yount, DEA
• Corporal K.L. Adkins, West Virginia State Police, Violent Crime and Drug Task Force West
• First Sergeant P.W. Boyles, West Virginia State Police, Violent Crime and Drug Task Force West
• Captain Lacy J. Deskins, West Virginia State Police, Violent Crime and Drug Task Force West
• Sergeant J.R. Garnes, West Virginia State Police, Violent Crime and Drug Task Force West
• First Sergeant J.M. Parde, West Virginia State Police, Violent Crime and Drug Task Force West
• Detective Jon Vernon, Kanawha County Sheriff’s Office, Violent Crime and Drug Task Force West
• Lieutenant T.L. Weese, West Virginia State Police, Violent Crime and Drug Task Force West
• Sergeant A.M. Whittington, West Virginia State Police

On September 22, 2021, Howard, 34, of Las Vegas, Nevada, sold approximately 1.01 grams of fentanyl to a confidential informant at a Huntington motel. On November 16, 2021, law enforcement searched Howard’s motel room and found approximately 4.6 pounds of fentanyl and a loaded Glock 43x pistol hidden in the ceiling. On December 24, 2021, Howard was a passenger in a vehicle pulled over by law enforcement officers. The vehicle was searched an officers found approximately 399.6 grams of fentanyl in a backpack. Howard admitted that the fentanyl was his and that he intended to sell the fentanyl or direct others to sell the fentanyl on his behalf.

Howard pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl. He was sentenced on January 17, 2023, to 14 years and eight months in prison to be followed by five years of supervised release.

A related defendant, Jamie Lyn Music, 41, also of Las Vegas, Nevada, was sentenced to five years in prison, to be followed by three years of supervised release, after pleading guilty to possession with intent to distribute a quantity of fentanyl.

This case was prosecuted as part of Operation Synthetic Opioid Surge (SOS), an enforcement surge that has sought to reduce the supply of deadly synthetic opioids in high impact areas.

Category: Violent Crime and Project Safe Neighborhoods

Project Safe Neighborhoods (PSN) brings together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Outstanding Violent Crime and Project Safe Neighborhood Case: U.S v. Randell Lee Proctor (2:23-cr-74)

• Special Agent Jarrod Chittum, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Special Agent Mari Woodford, ATF
• Detective Chris Boner, Kanawha County Sheriff’s Office
• Deputy Nathan Brill, Kanawha County Sheriff’s Office
• Deputy T.D. Burks, Kanawha County Sheriff’s Office
• Deputy D.J. Dorsey, Kanawha County Sheriff’s Office
• Trooper D.M. Copley, West Virginia State Police
• Trooper Larry Holstein III, West Virginia State Police
• Forensic Scientist Farrah S. Machado, West Virginia State Police
• Corporal S.W. Perdue, West Virginia State Police
• Sergeant Joseph Robinson, West Virginia State Police

On December 29, 2022, Randell Lee Proctor, 45, of Belle, was engaged in a domestic altercation with his girlfriend while armed with a handgun. Proctor fired one round into the air while walking through a neighborhood in Rand. He fired a second round into the ceiling of a front porch at a residence where the girlfriend was inside. Proctor then entered the residence and began physically assaulting the girlfriend. Law enforcement officers responded after receiving complaints about the gunshots and found Proctor inside the residence. They recovered a Hi-Point, model C9, 9mm semi-automatic pistol. Proctor pleaded guilty to possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence. Proctor had four prior convictions for domestic battery in Kanawha County Magistrate Court. He was sentenced on December 7, 2023, to four years in prison, to be followed by three years of supervised release, for possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.

Outstanding Violent Crime and Project Safe Neighborhood Case:  U.S. vs Thomas Ray III (3:21-cr-57)

• Officer Ernie Blackburn, Huntington Police Department
• Corporal Nicholas Bloomfield, Huntington Police Department
• Captain Steve Compton, Huntington Police Department
• PFC Angela Faircloth, Huntington Police Department
• Sergeant Steve Fitz, Huntington Police Department
• Detective Christopher Hurst, Huntington Police Department
• Officer Matt Keesee, Huntington Police Department
• Sergeant Joseph Koher, Huntington Police Department
• Sergeant Adrian Roasario, Huntington Police Department
• Corporal David Rowsey, Huntington Police Department
• Special Agent Jarrod Chittum, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

On October 23, 2020, Thomas Ray III, 54, of Huntington, entered an Artisan Avenue residence in Huntington where he physically assaulted two women, brandished a firearm, pointed it at the forehead of a third woman and fired two rounds into the air. Officers responding to the resulting 911 calls located Ray in an alley several blocks from Artisan Avenue. Ray fired a round at one officer and continued to flee. Ray fired several more shots at officers while fleeing before they returned fire and wounded him in the leg.

Ray was still holding the firearm while on the ground and resisted being placed into custody. Officers recovered the firearm, a loaded Smith & Wesson Model M&P Shield .40-caliber pistol, after Ray tossed it to the ground. Officers also found .40-caliber ammunition and a Harrington and Richardson revolver in Ray’s pants pockets.

A federal jury found Ray guilty of being a felon in possession of a firearm on July 12, 2023, following a two-day trial. Ray knew he was prohibited from possessing a firearm because of his prior felony convictions for forcible detention while armed and giving a false bomb or gas alarm in Will County, Illinois, Circuit Court on February 28, 2012, and for possession of a firearm by a convicted felon in United States District Court for the Southern District of West Virginia on December 9, 2013.

At the time of this offense, Ray was serving a term of federal supervised release for the 2013 conviction. Ray was sentenced on December 18, 2023, to 12 years in prison, including two years for committing a crime while on supervised release.

Outstanding Violent Crime and Project Safe Neighborhood Case: U.S. v. Stephen Simmons (3:23-cr-21)

• Senior Special Agent Jason J. Berty, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Branch Chief David Bullard, ATF
• Special Agent Jarrod C. Chittum, ATF
• Special Agent Kachine R. Jonese, ATF     
• Special Agent Sean McNees, ATF
• Special Agent Mari Woodford, ATF
• Detective Mathew Cooper, St. Albans Police Department
• Lieutenant Brandon Perry, St. Albans Police Department
• Sergeant J.R. Farry, Nitro Police Department

On January 3, 2023, law enforcement officers executed a search warrant at the residence of Stephen Simmons, 41, of Nitro. Law enforcement seized two Glock switches, two drop-in auto sears, six firearm silencers, and more than 40 firearms including a Ruger, model 10/22, .22-caliber rifle that was reported stolen in Boone County.

Simmons pleaded guilty to possession of an unregistered machinegun for possessing one of the Glock switches, admitting that he did not register device in the National Firearms Registration and Transfer Record as required by federal law.

Investigators documented Simmons’ substantial history of unlawful drug use and addiction. Their investigation showed that Simmons was illegally using drugs at the same time he possessed firearms, silencers, and devices designed solely to convert semiautomatic firearms into fully automatic machineguns. The Court concluded that Simmons was an unlawful user of controlled substances, and as a result was prohibited from possessing firearms on January 3, 2023. Simmons was sentenced on September 12, 2023, to three years in prison, to be followed by three years of supervised release.

Drug and Violent Crime Task Force of the Year: Metropolitan Drug Enforcement Network Team (MDENT)

The U.S. Attorney’s Award for Drug and Violent Crime Task Force of the Year recognizes outstanding cooperative law enforcement efforts and endeavors that have significant and lasting community impact. This award is a highlight of our annual ceremony because it not only honors a task force for one or more specific cases but also for their continuing role in significant investigations and prosecutions.

The Metropolitan Drug Enforcement Network Team (MDENT) is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

This year’s award recognizes MDENT for its role in Operation Smoke and Mirrors.

Law Enforcement Officers of the Year

Our Law Enforcement Officer of the Year awards honor individual federal, state, and local officers selected for work that consistently stands out in significant cases.

• Federal Law Enforcement Officers of the Year: Special Agent Terrance “Terry” Taylor, U.S. Department of Homeland Security-Homeland Security Investigations (HSI)
• State Law Enforcement Officers of the Year: Captain Lacy Deskins, West Virginia State Police
• Local Law Enforcement Officers of the Year: Deputy Jason A. Redden, Raleigh County Sheriff’s Office

Each of these individuals has distinguished himself in multiple cases prosecuted by this office. This award also honors them for their consistently outstanding contributions throughout their careers to the criminal justice system and the communities they serve.

Outstanding Community Partner: West Virginia State University

West Virginia State University has been a committed contributor as a West Virginia Civil Rights Stakeholder and a gracious host of the Stakeholders’ quarterly meetings. The Civil Rights Stakeholders are an array of federal, state and local agencies and organizations committed to addressing and responding to hate crimes and incidents in the Southern District of West Virginia. 

West Virginia State University is also a valued partner with this office in the advancement of the Department of Justice’s United Against Hate initiative, a nationwide initiative to combat unlawful acts of hate and improve hate crime reporting.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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CHARLESTON, W.Va. – United States Attorney Will Thompson will honor more than 80 law enforcement professionals during the 2024 Law Enforcement Awards Ceremony on Wednesday, December 4, 2024, at 10 a.m. at the Robert C. Byrd U.S. Courthouse in Charleston.

The annual awards ceremony recognizes the exemplary service of federal, state, and local law enforcement officers who have provided invaluable assistance to the U.S. Attorney’s Office for the Southern District of West Virginia in cases and initiatives.

Thompson will present awards for outstanding law enforcement work on major cases involving drug crimes, violent crimes, white collar crimes and the sexual exploitation of minors. Thompson will also present awards honoring the Law Enforcement Officers of the Year, the Drug and Violent Crime Task Force of the year, and the  Outstanding Community Partner.

WHAT: 2024 Law Enforcement Awards Ceremony

WHEN: Wednesday, December 4, 2024, at 10 a.m.

WHERE: Robert C. Byrd United States Courthouse, Charleston, Fifth Floor

*** NOTICE: cameras and other recording devices will be permitted on the fifth floor of the Courthouse for the ceremony only. ***

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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CHARLESTON, W.Va. – Laikin Williams, 25, of Parkersburg, pleaded guilty today to making a false statement in acquisition of a firearm.

According to court documents and statements made in court, on August 5, 2022, Williams purchased a Taurus model PT111 G2A 9mm pistol at a Parkersburg business. Williams admitted that he bought the firearm for another individual, and falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was the purchaser of the firearm when he knew he was buying it for the other individual.

Williams is scheduled to be sentenced on March 17, 2025, and faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the assistance provided by the Parkersburg Violent Crime and Narcotics Task Force.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney D. Keith Randolph and former Assistant United States Attorney Troy D. Adams have prosecuted the case.

This case was prosecuted under the criminal provisions of the Bipartisan Safer Communities Act (BSCA), which Congress enacted and the President signed in June 2022. BSCA is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-133.

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CHARLESTON, W.Va. – Christopher Grant, 41, of Buckhannon, was sentenced today to five years of federal probation, including four months on home detention, and ordered to pay $35,168 in restitution for conspiracy to steal public money, property or records. Grant admitted that he fraudulently obtained approximately $14,336 in unemployment benefits, including COVID-19 supplementary funds, and a $20,832 Paycheck Protection Program (PPP) loan guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

According to court documents and statements made in court, on or about March 25, 2020, Grant applied for unemployment compensation after he was laid off as a sales manager at a Charleston auto dealership when the COVID-19 pandemic began. Grant legitimately received unemployment benefits until the week ending April 18, 2020, when he returned to work.

Grant admitted that from at least April 25, 2020 through at least July 25, 2020, he continued to apply for unemployment benefits that he knew he was not entitled to because he had returned to work. Grant fraudulently obtained approximately $14,336 in unemployment benefits, including supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the CARES Act.

WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Grant admitted that as part of his scheme, he falsely certified on the WorkForce West Virginia website for 14 consecutive weeks that he was entitled to unemployment benefits. Grant submitted the false certification answers while using his personal electronic device in St. Albans.

On March 21, 2021, Grant applied for a PPP loan because he had earned income as an independent contractor during previous tax years. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic to replace their normal income and for certain other expenses. Grant admitted that he falsely represented that he had earned $104,580 as an independent contractor for the prior tax year when he knew he had only earned $33,900. Grant further admitted that he made this false representation in order to receive $20,832, the maximum loan amount available to independent contractors.

Grant also admitted that he used the fraudulently obtained unemployment benefits and PPP loan funds to make purchases and pay his bills.

United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section, the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the Litigation Financial Analyst with the U.S. Attorney’s Office and the West Virginia State Police – Bureau of Criminal Investigation (BCI).

NASA OIG is an active member of the Pandemic Response Accountability Committee (PRAC) Fraud Task Force. The PRAC was established to promote transparency and facilitate coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 20 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending, including spending via the Paycheck Protection Program (PPP), and Economic Injury Disaster Loan (EIDL) program. This case was also supported by the PRAC’s Pandemic Analytics Center of Excellence, which applies the latest advances in analytic and forensic technologies to help OIGs and law enforcement pursue data-driven pandemic relief fraud investigations.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Andrew J. Tessman prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-113.

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BECKLEY, W.Va. – Jesse Robert Phillips, 40, of Burtchville, Michigan, pleaded guilty today to possession with intent to distribute fentanyl.

According to court documents and statements made in court, Phillips admitted that he possessed approximately 19.8 grams of fentanyl on April 30, 2024, in Beckley that he intended to distribute. Phillips further admitted that he had been selling fentanyl in West Virginia while residing at a Mount Hope residence and used two individuals at the residence to sell fentanyl.

Phillips is scheduled to be sentenced on March 21, 2025, and faces a maximum penalty of  20 years in prison, up to three years of supervised release, and a $1 million fine. Phillips has also agreed to forfeit one firearm and abandon three other firearms that were seized on April 30, 2024.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-142.

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HUNTINGTON, W.Va. – Steven Patrick Crabtree, 35, of Huntington, was sentenced today to six years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on March 4, 2024, law enforcement officers responded to reports of an individual shooting at others outside of a Buffington Street residence in Huntington. Officers encountered Crabtree, who matched the description of the shooting suspect. Officers recovered a loaded Smith & Wesson model SD9VE 9mm pistol from Crabtree, and later determined that the firearm had been stolen.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Crabtree knew he was prohibited from possessing a firearm because of his prior felony convictions for conspiracy to deliver not less than 10 grams nor more than 100 grams of heroin in Wayne County Circuit Court on May 30, 2018, and attempt to commit a felony in Cabell County Circuit Court on March 21, 2017.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-86.

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HUNTINGTON, W.Va. – Joe Dante Townsend, 32, of Detroit, Michigan, pleaded guilty today to possession with intent to distribute cocaine.

According to court documents and statements made in court, on June 11, 2024, Townsend was a backseat passenger in a vehicle pulled over by law enforcement officers on the 1600 block of Ninth Avenue in Huntington. Officers searched the vehicle during the traffic stop and found a backpack in the backseat containing approximately 499 grams of cocaine. Townsend admitted that the backpack belonged to him, and that he had transported the cocaine by bus from Detroit to Huntington, where he intended to distribute the cocaine for money.

Townsend is scheduled to be sentenced on March 10, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Huntington Violent Crime and Drug Task Force.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Courtney L. Finney is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-115.

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BECKLEY, W.Va. – Deona’tre Capri Dowell, 30, of Beckley, pleaded guilty today to conspiracy to distribute fentanyl. Dowell admitted to a role in a drug trafficking organization (DTO) that distributed methamphetamine, fentanyl and cocaine base, also known as “crack,” in Beckley and elsewhere within the Southern District of West Virginia.

According to court documents and statements made in court, on May 25, 2024, Dowell received an ounce of fentanyl from a co-conspirator at his Beckley residence. Dowell admitted that he requested the fentanyl from the co-conspirator by phone earlier that day and discussed adding a cutting agent to the fentanyl to make more money when it was sold to pay back the co-conspirator. Dowell further admitted that he obtained additional quantities of fentanyl during May 2024 from his supplier on consignment, paying the supplier back with the proceeds from distributing it.

On May 30, 2024, law enforcement officers executed a search warrant at Dowell’s residence and found approximately 535 grams of methamphetamine, 1.2 kilograms of fentanyl, a Romarm Micro Draco 7.62mm firearm, and a Glock model 21 .45-caliber semiautomatic handgun. Dowell admitted to possessing the seized controlled substances and intending to distribute them.

Dowell is scheduled to be sentenced on April 11, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Dowell is among 12 individuals indicted on charges alleging the defendants conspired to distribute methamphetamine, fentanyl, and crack within the Southern District of West Virginia from in or about June 2023 to in or about May 2024. Dowell is also among five defendants who have pleaded guilty. The charges against Bradley and the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-90.

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BECKLEY, W.Va. – Michael Reynard Penn, 43, of Beckley, pleaded guilty today to distribution of fentanyl.

According to court documents and statements made in court, on August 17, 2023, Penn sold approximately 27 grams of fentanyl to a confidential informant for $1,600 at his Beckley residence. Penn admitted to the transaction and further admitted to selling fentanyl to the confidential informant on three other occasions at his residence between August 23 and September 13, 2023.

On September 18, 2023, law enforcement officers executed a search warrant at Penn’s residence and found cocaine, marijuana, a Ruger .380-caliber pistol and $4,889. The cash included $470 in pre-recorded money Penn received from the confidential informant during the controlled drug buys.

Penn is scheduled to be sentenced on March 28, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-94.

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BECKLEY, W.Va. – Justin L. Saunders, 27, of Mabscott, was sentenced today to seven years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on May 30, 2023, law enforcement officers arrested Saunders in Beckley on a felony warrant. During the arrest, officers found a Ruger model EC9s 9mm handgun on Saunders.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Saunders knew he was prohibited from possessing a firearm because of his prior felony convictions for first-degree robbery and malicious wounder in Raleigh County Circuit Court on June 5, 2012.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Raleigh County Sheriff's Office.

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Brian D. Parsons and Andrew D. Isabell prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-185.

BECKLEY, W.Va. – Jonathan Webb, 28, an inmate at the Federal Correctional Institution (FCI) Beckley, was sentenced today to one year in prison, to run consecutively to his undischarged term of incarceration, and to be followed by three years of supervised release, for possession of a weapon by an inmate at a federal prison.

According to court documents and statements made in court, on June 26, 2023, an FCI Beckley staff member conducted a pat-down search of Webb and found a handcrafted weapon commonly known as a “shank” in his right front pants pocket. The shank was a piece of metal approximately six inches long with a sharpened point on one end and a cloth handle. Webb admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-45. 

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CHARLESTON, W.Va. – David Cuevas, 45, a Mexican national, was sentenced today to time served for fraud and misuse of a lawful Permanent Resident Card and remanded to Immigration and Customs Enforcement (ICE) for deportation proceedings.

According to court documents and statements made in court, on May 30, 2019, Cuevas fraudulently possessed and used information from a Permanent Resident Card issued in the name of another individual to apply for an individual explosives license from the West Virginia Office of the State Fire Marshal. Cuevas admitted that he knew the information on his explosives application was false and that he submitted the other individual’s Permanent Resident Card with the application. Cuevas further admitted that he sought the explosives license to assist him in his employment laying a pipeline in Greenbrier, Nicholas and Fayette counties for a construction company. Cuevas has been in custody for this offense since May 30, 2024.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Department of State-Diplomatic Security Service, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) of the U.S. Department of Homeland Security, the West Virginia Office of the State Fire Marshal, and the West Virginia Fusion Center.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Stefan Hasselblad prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-177.

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CHARLESTON, W.Va. – Jessica Nutter, 39, of St. Albans, was sentenced today to, five years of federal probation, and ordered to pay $25,830 for receipt of stolen money. Nutter admitted to a scheme to defraud the Paycheck Protection Program (PPP) of $20,830 in COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

According to court documents and statements made in court, from March 27, 2021 through on or about April 20, 2021, Nutter fraudulently obtained two PPP loans, each for $10,415, from an approved PPP lender in Texas and the SBA. Nutter falsely represented on one loan application that she had a business, Nut House Wood, and that it had received $50,000 in gross income during 2019. Nutter applied for the other fraudulent loan on behalf of her husband. Nutter falsely represented that her husband received $50,000 in gross income during 2019 as an independent contractor for an online food ordering and delivery service.

Businesses applying for PPP loans had to certify that the business was in operation on February 15, 2020, and were required to provide documentation showing their prior gross income from either 2019 or 2020. Nutter admitted that Nut House Wood was not a registered business entity in the State of West Virginia and had never engaged in legitimate business activity when she applied for that loan. Nutter further admitted that her husband was not engaged as an independent contractor for the online delivery service at that time.

The Texas lender approved both of Nutter’s loan applications. On April 9, 2021, $10,415 was transferred to Nutter’s personal bank account from a Texas bank. Nutter admitted that she transferred $1,5573.12 of those stolen funds to a North Carolina business on April 12, 2021, to cover expenses for a family vacation later that year. On April 20, 2021, $10,415 in proceeds from the second loan was transferred from a Texas bank to the personal bank account of Nutter’s husband. Nutter admitted that she and her husband used those stolen funds for general family expenses.

United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Kanawha County Sheriff’s Office.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney J. Parker Bazzle II prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-81.

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CHARLESTON, W.Va. – Joseph Douglas Collier, 38, of Alum Creek, was sentenced today to eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on November 11, 2023, Collier was on the sidewalk outside of a downtown Charleston bar holding an open container of alcohol. The bar doorman asked Collier to return to the bar with the alcoholic beverage. Collier responded by lifting his sweater to reveal a pistol in his waistband. Collier brandished the firearm at the doorman, who retreated inside and closed the bar to protect patrons and employees. Responding law enforcement officers located Collier at a nearby bar and seized a Kimber model Tactical Pro II .45-caliber pistol from Collier’s possession following a pat-down search.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Collier knew he was prohibited from possession a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, cocaine, in Kanawha County Circuit Court on January 12, 2010.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Samuel D. Marsh prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-69.

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CHARLESTON, W.Va. – Camri Calrissian White, 26, of Cross Lanes was sentenced today to 25 years in prison, to be followed by five years of supervised release, for robbery, discharge of a firearm during a crime of violence, and being a felon in possession of a firearm.

A federal jury convicted White on July 25, 2024, following a three-day trial. Evidence at trial proved that White robbed a Cross Lanes convenience store shortly before 5:15 a.m. on July 11, 2023, while armed with a Smith & Wesson M&P 9mm pistol with an extended magazine.

White entered the business while wearing a mask and fired one round from the pistol into the ceiling. White held two store employees at gunpoint while ordering them to retrieve money from both registers and a locked safe under the front counter. Before fleeing the store, White told the employees that he would return and kill them if they called the police within the next 10 minutes.

Surveillance video from the store and other nearby locations helped law enforcement officers identify White as the culprit of the robbery. On July 17, 2023, officers arrived at the Cross Lanes apartment where White was staying. Officers recovered the pistol with the extended magazine after White tossed it from a rear window of the apartment following the officers’ arrival. Officers searched the apartment and found clothing worn by White during the robbery. During the search, officers learned that White had access to a vacant and unlocked apartment nearby. Officers searched that apartment and found more clothing worn by White during the convenience store robbery.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery with a firearm in Kanawha County Circuit Court on December 11, 2017. In that case, White pleaded guilty to his role in a January 31, 2017, home invasion robbery, during which he pressed a sawed-off shotgun to the chest of the 84-year-old victim while threatening to kill her.

The Court cited White’s criminal history when imposing today’s sentence and agreed with the United States that “the only thing that will determine his next brazen violent crime appears to be his release date.”

“The defendant has demonstrated a penchant for violence and a shocking disregard for the law and other people,” said United States Attorney Will Thompson. “The sentence imposed today protects the public from further crimes of the defendant.”

Thompson made the announcement and commended the investigative work of the South Charleston Police Department, the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys JC MacCallum and Jennifer Rada Herrald prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-168.

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CHARLESTON, W.Va. – Deanna L. Drumm, 60, of Charleston, pleaded guilty today to aiding and abetting the sale and offer of unregistered securities.

According to court documents and statements made in court, in or around 2019 or 2020, Drumm became vice president of operations for Bear Industries LLC, a West Virginia company solely owned and operated by her son, Theodore Miller. Bear Industries originally served as an umbrella entity for other related businesses including a real estate company, a real estate holding company, and a construction company. As vice president of operations, Drumm was responsible for most of the day-to-day operational tasks of the Bear Industries entities, with input and direction from her son, while he lived outside the United States from in or about June  2021 to on or about August 8, 2024.

Drumm admitted that between February 2022 and August 2024, she aided and abetted the sale and offering of securities in the form of investments in two real estate-related ventures. One venture offered “direct investments” in the purported development of a dry-storage lot and residential duplexes on Bigley Avenue in Charleston. As a result of that offer, Bear Industries received $95,000 from several individuals between July and October 2022. The other venture offered investments in “Bear Lute,” a pooled real estate investment vehicle launched by Drumm’s son in May 2022. That offer resulted in Bear Industries obtaining more than $335,000 from more than 170 individuals between May 2022 and September 2024.

Both the direct investments and the Bear Lute investments were securities as defined by federal law, offered through interstate commerce via the internet, and were required to be registered. Drumm admitted that no registration statement was in effect for either of these securities, and that neither was exempt from the registration requirement. Drumm further admitted that she aided and abetted the offering of these unregistered securities by processing payments by investors, assisting with the creation of the investment prospectuses, and maintaining investor lists.

Drumm also admitted that she was aware of numerous false and misleading representations made in relation to both securities. Theodore Miller never possessed legal title for any of the Bigley Avenue properties that were the sites of the proposed dry-storage lot and residential duplexes. Miller defaulted on monthly payments to acquire six of the Bigley Avenue lots in the spring of 2023, losing possession of them entirely. A seventh property listed among the sites for the real estate projects, 1017 Bigley Avenue, is not a valid address. The Bear Lute investors were falsely told by Miller that Bear Industries was a large and successful real estate company, that Bear Lute generated exceptionally high and guaranteed returns, that investors would receive a minimum return of 6 percent, that the investment was secured by income-producing real estate, and that investors could request to withdraw their funds and receive them within 60 days. These representations were false.

In September 2022, the West Virginia Securities Commission issued a cease-and-desist letter to Bear Industries ordering it to stop the unregistered sale and offering of securities in Bear Lute. In November 2022, the West Virginia Securities Commission issued a cease-and-desist order regarding the same. Drumm continued to help operate Bear Lute by processing investor payments, in violation of that order, after she received both the letter and the order.

On August 9, 2024, law enforcement officers arrested Drumm’s son for alleged conduct related to the direct investments and Bear Lute. Drumm admitted that she drove evidence material to her son’s prosecution including, but not limited to, his laptop computer and a backpack belonging to him, from West Virginia to her parents’ home in Michigan following her son’s arrest to conceal it from law enforcement. Drumm was accompanied by her son’s wife. Drumm hid the laptop in her parents’ basement and the backpack in an upstairs closet. After entering into an agreement with the United States, Drumm arranged for the laptop and backpack to be transported back to West Virginia and voluntarily surrendered those items to the United States. The backpack was found to contain two phones and a tablet.

Drumm is scheduled to be sentenced on March 13, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine. Drumm also owes as much as $434,501.42 in restitution.

A federal grand jury returned a 15-count indictment on September 4, 2024, charging Miller, 34, of South Charleston, with wire fraud, money laundering, and obstruction. The indictment alleges that Miller induced the direct investments for the real estate projects and the investments in Bear Lute through material misrepresentations, false promises, and omissions of relevant information. The indictment further alleges that Miller created a social media persona of a successful real estate investor to further these schemes, when in reality he had poor credit, thin month-to-month financial margins, was delinquent on property taxes and bills, and had defaulted on loans. The indictment also alleges that Miller persuaded or attempted to persuade a witness to “alter, destroy, mutilate, and conceal” the backpack and a cell phone. An indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The U.S. Securities and Exchange Commission filed a parallel civil action against Miller, Bear Industries LLC, Bear Investments and Business Consulting LLC, and Drumm in U.S. District Court for the Southern District of West Virginia. The lawsuit alleges that Miller has engaged in the unregistered and fraudulent offer of securities related to his real estate-related investment programs since at least 2022, among other allegations, and seeks permanent injunctive relief, disgorgement of ill-gotten gains and prejudgment interest, and civil penalties.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia Fusion Center, the West Virginia Securities Commission, and the U.S. Securities and Exchange Commission.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Holly Wilson is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-179.

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CHARLESTON, W.Va. – Terry Randall Hinkle, 55, of Delbarton, pleaded guilty today to receiving child pornography.

According to court documents and statements made in court, on August 30, 2023, Hinkle received multiple images depicting child pornography via Facebook from another user. Hinkle admitted that the child pornography he received on Facebook included images depicting nude prepubescent females with their legs spread to display their genitals. Hinkle further admitted that he possessed approximately 24 videos and 46 images depicting child pornography. Hinkle also admitted that he sent an image depicting a nude minor female with her legs spread to expose her genitals via Facebook to another user on September 25, 2023.

Hinkle solicited another individual online to produce and send him images of child pornography depicting minors in that individual’s custody. However, the other individual never sent the requested photos.

Hinkle is scheduled to be sentenced on February 12, 2025, and faces a mandatory minimum of five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine. Hinkle must also register as a sex offender.

United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police-Internet Crimes Against Children Task Force (ICAC) and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is prosecuting the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-110.

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CHARLESTON, W.Va. – Jacarre Cortez Woodruff, 23, of Dunbar, was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on July 25, 2023, Woodruff sold approximately 28 grams of a substance containing a mixture of heroin, fentanyl, and a fentanyl analogue to two confidential informants at his residence in Dunbar.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-99.

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CHARLESTON, W.Va. – John Wayne Harkless, 46, of Charleston, pleaded guilty today to conspiracy to distribute methamphetamine. Harkless admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.

According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Harkless conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia.

Harkless sold methamphetamine to a confidential informant on nine separate occasions during the investigation. Investigators were able to confirm that Harkless was obtaining his methamphetamine from co-conspirator Kirt Ray King. 

Harkless is scheduled to be sentenced on February 12, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Co-defendant Michael Dale Cain, 49, of Parkersburg, pleaded guilty November 6, 2024, to conspiracy to distribute methamphetamine, admitting to a role in the drug trafficking conspiracy, and awaits sentencing. The indictment against King, 47, of Charleston, and another defendant remains pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-95.

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CHARLESTON, W.Va. – John Wayne Harkless, 46, of Charleston, pleaded guilty today to conspiracy to distribute methamphetamine. Harkless admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.

According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Harkless conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia.

Harkless sold methamphetamine to a confidential informant on nine separate occasions during the investigation. Investigators were able to confirm that Harkless was obtaining his methamphetamine from co-conspirator Kirt Ray King. 

Harkless is scheduled to be sentenced on February 12, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Co-defendant Michael Dale Cain, 49, of Parkersburg, pleaded guilty November 6, 2024, to conspiracy to distribute methamphetamine, admitting to a role in the drug trafficking conspiracy, and awaits sentencing. The indictment against King, 47, of Charleston, and another defendant remains pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-95.

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CHARLESTON, W.Va. - Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty for their roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Johnathan Walters pleaded guilty yesterday to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Corey Snyder pleaded guilty today to the same offense.

According to court documents filed in connection with the guilty pleas, Snyder responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Snyder arrived, officers were using force to restrain and handcuff Q.B. Snyder also began using force, including putting his arm around Q.B.’s neck and taking him to the floor. Snyder and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where Walters joined them. In the interview room, the officers used unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.

After the unreasonable use of force in the interview room, officers transported Q.B. to A-Pod. During the transport to A-Pod, Q.B. became limp and was unable to walk on his own. Officers then carried Q.B. by his arms and legs down the hallway to A-Pod. Walters carried Q.B. by one of his arms, leading his co-conspirators and Q.B. to the pod. At the door to A-Pod, Walters admitted to using unjustified force by swinging Q.B.’s head into the metal door and using the force from Q.B.’s head to push open the door.

Snyder and Walters each further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Each also admitted to being aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where officers would use unreasonable force without being captured on video.

According to their plea agreements, Snyder and Walters each face a maximum penalty of 30 years in prison and a fine of up to $250,000.

Snyder and Walters are two of six former correctional officers indicted by a federal grand jury in November 2023 in connection with the death of Q.B. Three of those six defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, 2023, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. On Nov. 13, Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Sentencing hearings for Boothe, Toney and Holdren are scheduled for Feb. 5, 2025.

Trial for the remaining defendant is scheduled for Dec. 10. The remaining defendant faces charges related to the cover-up of the unreasonable uses of force which caused bodily injury to and the death of Q.B.

Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail correctional officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.

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Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty for their roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Johnathan Walters pleaded guilty yesterday to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Corey Snyder pleaded guilty today to the same offense.

According to court documents filed in connection with the guilty pleas, Snyder responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Snyder arrived, officers were using force to restrain and handcuff Q.B. Snyder also began using force, including putting his arm around Q.B.’s neck and taking him to the floor. Snyder and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where Walters joined them. In the interview room, the officers used unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.

After the unreasonable use of force in the interview room, officers transported Q.B. to A-Pod. During the transport to A-Pod, Q.B. became limp and was unable to walk on his own. Officers then carried Q.B. by his arms and legs down the hallway to A-Pod. Walters carried Q.B. by one of his arms, leading his co-conspirators and Q.B. to the pod. At the door to A-Pod, Walters admitted to using unjustified force by swinging Q.B.’s head into the metal door and using the force from Q.B.’s head to push open the door.

Snyder and Walters each further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Each also admitted to being aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where officers would use unreasonable force without being captured on video.

According to their plea agreements, Snyder and Walters each face a maximum penalty of 30 years in prison and a fine of up to $250,000.

Snyder and Walters are two of six former correctional officers indicted by a federal grand jury in November 2023 in connection with the death of Q.B. Three of those six defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, 2023, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. On Nov. 13, Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Sentencing hearings for Boothe, Toney and Holdren are scheduled for Feb. 5, 2025.

Trial for the remaining defendant is scheduled for Dec. 10. The remaining defendant faces charges related to the cover-up of the unreasonable uses of force which caused bodily injury to and the death of Q.B.

Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail correctional officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.

CHARLESTON, W.Va. – Gary Lomax, 62, of Hurricane, was sentenced today to five years of federal probation, including four months on home detention, and ordered to pay $29,592 in restitution for theft of public money, property or records. Lomas admitted that he fraudulently obtained approximately $8,760 in unemployment benefits, including COVID-19 supplementary funds, and a $20,832 Paycheck Protection Program (PPP) loan guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

According to court documents and statements made in court, on or about March 24, 2020, Lomax applied for unemployment compensation after he was laid off as a sales associate at a Charleston auto dealership when the COVID-19 pandemic began. Lomax legitimately received unemployment benefits until the week ending April 18, 2020, when he returned to work.

Lomax admitted that from at least April 25, 2020 through at least June 27, 2020, he continued to apply for unemployment benefits that he knew he was not entitled to because he had returned to work. Lomax fraudulently obtained approximately $8,760 in unemployment benefits, including supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the CARES Act.

WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Lomax admitted that as part of his scheme, he falsely certified on the WorkForce West Virginia website for 10 consecutive weeks that he was entitled to unemployment benefits. Lomax submitted the false certification answers while using his personal electronic device in St. Albans.

On March 29, 2021, Lomax applied for a PPP loan by falsely representing that he had earned $369,730 during the 2020 tax year as an independent contractor. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic to replace their normal income and for certain other expenses. Lomax admitted that he had no independent contractor income to report for that tax year. Lomax further admitted that he made this false representation in order to receive $20,832, the maximum loan amount available to independent contractors.

Lomax also admitted that he used the fraudulently obtained unemployment benefits and PPP loan funds to make purchases and pay his bills.

United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section, the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the Litigation Financial Analyst with the U.S. Attorney’s Office and the West Virginia State Police – Bureau of Criminal Investigation (BCI).

NASA OIG is an active member of the Pandemic Response Accountability Committee (PRAC) Fraud Task Force. The PRAC was established to promote transparency and facilitate coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 20 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending, including spending via the Paycheck Protection Program (PPP), and Economic Injury Disaster Loan (EIDL) program. This case was also supported by the PRAC’s Pandemic Analytics Center of Excellence, which applies the latest advances in analytic and forensic technologies to help OIGs and law enforcement pursue data-driven pandemic relief fraud investigations.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Andrew J. Tessman prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-114.

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BECKLEY, W.Va. – Bryson J. England, 42, of Oak Hill, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on February 2, 2024, England was a passenger in a vehicle pulled over by law enforcement officers in the Beckley area of Raleigh County. During the vehicle stop, officers conducted a pat-down search of England and found a loaded Armscor of the Philippines model M1911-AU FS .45-caliber pistol on his person. Officers also searched the vehicle and found an AR-15 semiautomatic rifle on the passenger side.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. England knew he was prohibited from possessing a firearm because of his prior felony conviction for unlawful wounding in Kanawha County Circuit Court on January 6, 2003.

England is scheduled to be sentenced on March 14, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Virginia State Police.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Brian D. Parsons is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-138.

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CHARLESTON, W.Va. – Casey Thomas Judd, 36, of Charleston, pleaded guilty today to for failure to provide information related to interstate travel as required by the Sex Offender Registration and Notification Act (SORNA).

According to court documents and statements made in court, on or about June 14, 2024, Judd relocated from Charleston to Springfield, Ohio. Judd failed to register or update his registration as required by SORNA after his relocation.

Judd is required to register as a sex offender and comply with SORNA because of his prior conviction for third-degree sexual assault in Kanawha County Circuit Court on August 21, 2015.

Judd is scheduled to be sentenced on February 19, 2025, and faces a maximum penalty of 10 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS).

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.

SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006 and provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA seeks to strengthen the nationwide network of sex offender registration and notification programs, in part by requiring registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-164.

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BECKLEY, W.Va. – Ryan H. Guerrant, 33, of Beckley, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on November 26, 2023, law enforcement officers responded to reports of a shooting at a Beckley residence and found Guerrant in the residence with a Bersa model BP9CC 9mm next to him on a bed.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Guerrant knew he was prohibited from possessing a firearm because of his prior felony convictions for first-degree robbery, conspiracy to commit first-degree robbery, and escape in Raleigh County Circuit Court on January 15, 2010.

Guerrant is scheduled to be sentenced on March 14, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Brian D. Parsons is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-93.

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CHARLESTON, W.Va. – Emariel Kanay Tyler, 20, of Akron, Ohio, pleaded guilty today to use of a communication facility to facilitate a drug trafficking offense.

According to court documents and statements made in court, on March 29, 2023, Tyler traveled from a Charleston apartment to a residence in Wyoming County with quantities of methamphetamine and fentanyl. Tyler admitted that she used her cell phone to arrange the sale of the fentanyl to someone at the residence, discussing the meeting location and the prices to be charged for the fentanyl. Tyler exchanged the fentanyl for payment at the meeting location, but further admitted that she returned to Charleston with both the money and the fentanyl.

Tyler  is scheduled to be sentenced on February 26, 2025, and faces a maximum penalty of four years in prison, up to one year of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department.

Senior United States District Judge John T. Copenhaver Jr. presided over the hearing. Assistant United States Attorney Lesley C. Shamblin is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-186.

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CHARLESTON, W.Va. – United States Attorney Will Thompson congratulated three recent graduates of the Alternative Treatment Court (ATC) today. United States Magistrate Judge Omar J. Aboulhosn oversees the ATC program for the United States District Court for the Southern District of West Virginia and presided over today’s graduation ceremony.

The ATC program is a collaborative partnership between the U.S. District Court, the U.S. Probation Office, the U.S. Attorney’s Office, the Federal Public Defender’s Office, and various community-based treatment providers and organizations. The ATC program is a pre-plea, pre-sentence alternative to conviction or imprisonment for certain individuals charged with federal crimes. The ATC program provides a blend of treatment that focuses on drug and mental health treatment, and alternative sanctions to effectively address offender behavior, rehabilitation, and education and jobs skills training. The U.S. Probation Office provides oversight and monitoring that are integral to the ATC program’s success.

In a video statement, Thompson commended U.S. Magistrate Judge Aboulhosn, the judges of the U.S. District Court for the Southern District of West Virginia and the ATC program’s partners.

“We appreciate the fact that they allow the program not only to exist but to thrive,” Thompson said. “This is something that is done on a volunteer basis. The work and effort they put in makes this program successful and they all deserve recognition today.”

Participants must be individuals whose criminal conduct is believed to be motivated by substance abuse issues, mental health, or other underlying causes that appear to be amenable to treatment through programs available as part of the ATC. Defendants with a history of violent offenses, involved in child exploitation offenses or subject to removal by immigration authorities are among those excluded from participating.

Eligible defendants must participate for at least 12 months, but may be required to participate for up to 24 months.

Today’s graduates are Richard Allen Bowen, 63, of Charleston, Bradley Flowers, 29, of Hurricane, and Joseph Harper, 39, of Beckley. Thompson offered words of encouragement to each graduate.

The three graduates each successfully completed Track Two of the program, which allows them to receive terms of probation. Track One of the program allows for the dismissal of charges against those participants upon their successful completion of the ATC program.

Information about the Alternative Treatment Court program, including the program’s Memorandum of Understanding, is available on the website of the U.S. District Court for the Southern District of West Virginia: https://www.wvsd.uscourts.gov/programs-services/alternative-treatment-court.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:23-cr-4 (Bowen), 3:22-cr-96 (Flowers), and 5:23-cr-15 (Harper).

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CHARLESTON, W.Va. – Nathaniel Martin, 50, of Fenwick, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on September 6, 2021, Martin possessed a Smith & Wesson Model M&P Shield .40-caliber handgun in Nicholas County.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Martin knew he was prohibited from possessing a firearm because of his prior felony conviction for two counts of delivery of a Schedule II controlled substance in Nicholas County Circuit Court on June 2, 2009.

Martin is scheduled to be sentenced on March 13, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Forest Service.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney D. Keith Randolph is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-25.

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CHARLESTON, W.Va. – James Evans Hughes, 51, of Sumerco, was sentenced today to nine years in prison, to be followed by three years of supervised release, for distribution of methamphetamine.

According to court documents and statements made in court, on June 28, 2018, Hughes sold a quantity of methamphetamine to a confidential informant in the South Charleston area of Kanawha County. Hughes admitted to that transaction and further admitted to selling methamphetamine to the confidential informant on seven other occasions between July 2018 and November 2018.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

Senior States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-83.

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CHARLESTON, W.Va. – Jason Todd Painter, 40, of Clendenin, was sentenced today to five years in prison, to be followed by three years of supervised release, for conspiracy to distribute a quantity of methamphetamine.

According to court documents and statements made in court, from March 15, 2023 through June 24, 2023, Painter received 11 packages containing methamphetamine sent by a co-conspirator from New York to Painter’s residence in Clendenin. Painter kept some of the methamphetamine for himself and held the rest for the co-conspirator to pick up. The co-conspirator occasionally directed Painter to deliver methamphetamine to other individuals in the Kanawha County area.

On July 15, 2023, the co-conspirator shipped a package through the United States Postal Service from New York to Painter’s residence in Clendenin. Law enforcement intercepted the package and discovered that it contained approximately 4.2 kilograms of methamphetamine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney JC MacCallum prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-182.

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CHARLESTON, W.Va. - A former corrections officer from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B.

According to court documents filed in connection with the guilty plea, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in using force to restrain Q.B. Holdren also began using force which included multiple knee-strikes to Q.B.’s body, which he acknowledged were unreasonable uses of force according to his training and experience. Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to push past officers and leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where they continued to use unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.

Holdren further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Holdren was aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without being captured on video. Holdren admitted that he knew that it was improper for officers to use unreasonable force to punish inmates and pretrial detainees. 

Holdren is one of six former correctional officers indicted by a federal grand jury in November 2023. Two defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B.  On Aug. 8, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. Sentencing hearings for Boothe and Toney are scheduled for Jan. 9, 2025.

Trial for the remaining three defendants is scheduled for Dec. 10.

Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.

According to his plea agreement, Holdren faces a maximum penalty of 30 years in prison and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.

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A former corrections officer from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B.

According to court documents filed in connection with the guilty plea, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in using force to restrain Q.B. Holdren also began using force which included multiple knee-strikes to Q.B.’s body, which he acknowledged were unreasonable uses of force according to his training and experience. Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to push past officers and leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where they continued to use unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.

Holdren further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Holdren was aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without being captured on video. Holdren admitted that he knew that it was improper for officers to use unreasonable force to punish inmates and pretrial detainees. 

Holdren is one of six former correctional officers indicted by a federal grand jury in November 2023. Two defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B.  On Aug. 8, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. Sentencing hearings for Boothe and Toney are scheduled for Jan. 9, 2025.

Trial for the remaining three defendants is scheduled for Dec. 10.

Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.

According to his plea agreement, Holdren faces a maximum penalty of 30 years in prison and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.

CHARLESTON, W.Va. – Curon Cameron Cordon, 24, of Charleston, was sentenced today to two years and three months in prison, to be followed by three years of supervised release, for distribution of protonitazene and isotonitazene.

According to court documents and statements made in court, on May 31, 2023, Cordon sold 13 pills to a confidential informant in Charleston. The pills were counterfeit pressed pills with the same markings as 30mg oxycodone pills. The West Virginia State Police Forensic Laboratory confirmed that the pills contained protonitazene and isotonitazene, synthetic opioids potentially more dangerous and deadly than fentanyl.

Law enforcement conducted seven additional controlled buys during which Cordon, and on one occasion Jesus Emmanuel Davis at Cordon’s direction, sold quantities of the same pills to a confidential informant. Cordon drove the confidential informant to Davis’ residence to obtain the pills during four of those transactions, including on May 31, 2023.

On June 8, 2023, law enforcement officers executed a search warrant at Davis’ residence. Officers seized 95 of the same pills sold to the confidential informant from the pocket of a jacket hanging inside Davis’ bedroom closet. Davis, 25, of Charleston, was sentenced on October 9, 2024, to three years and six months in prison, to be followed by three years of supervised release, after pleading guilty to the distribution of protonitazene and isotonitazene.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-50.

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CHARLESTON, W.Va. – Ijaz Oliver, 39, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on August 28, 2023, Oliver possessed a Smith & Wesson model 36 .38-caliber revolver in Charleston.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Oliver knew he was prohibited from possessing a firearm because of his prior felony conviction for conspiracy to distribute 5 grams or more of cocaine base in United States District Court for the Southern District of West Virginia on May 29, 2007.

Oliver is scheduled to be sentenced on March 11, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

Senior United States District Judge David A. Faber presided over the hearing. Former Assistant United States Attorney Troy D. Adams and Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-136.

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BLUEFIELD, W.Va. – Tony Lashon Cleveland Jr., 27, an inmate at the Federal Correctional Institution (FCI) McDowell, was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for possession of a weapon by an inmate at a federal prison.

According to court documents and statements made in court, on or about September 12, 2023, an FCI McDowell staff member conducted a pat-down search of Cleveland and found a handcrafted weapon commonly known as a “shank” in one of his socks. The shank was a piece of metal approximately five inches long with a sharpened point on one end and melted plastic on the other end to form a handle. Cleveland admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon. Today’s sentence will run consecutively to his undischarged term of incarceration.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-62.

BLUEFIELD, W.Va. – Matthew Alexander Wilson, 29, of Bluefield, was sentenced today to 14 years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl and methamphetamine.

According to court documents and statements made in court, on August 16, 2023, Wilson and Denise R. Allen were apprehended at a gun store in Princeton, West Virginia. Following their arrest, Wilson and Allen consented to a search by law enforcement officers of a truck they had rented using a stolen identity. Officers found nearly a pound of methamphetamine, 45 grams of fentanyl and two Glock 9mm semiautomatic handguns during the search of the rental truck. Wilson and Allen admitted they possessed the methamphetamine and fentanyl and intended to distribute it. Wilson, a convicted felon, was also involved in directing Allen to use a stolen identification to purchase firearms on his behalf.

Allen, 30, of Bluefield, was sentenced on June 10, 2024 to five years in prison, to be followed by five years of supervised release, after pleading guilty to possession with intent to distribute fentanyl and methamphetamine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Southern Regional Drug and Violent Crime Task Force. The task force consists of members of the West Virginia State Police, the Bluefield Police Department, the Princeton Police Department, the Mercer County Sheriff’s Department, the McDowell County Sheriff’s Department, and the Wyoming County Sheriff’s Department.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:23-cr-152.

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CHARLESTON, W.Va. – David Eric West II, 42, of Parkersburg, pleaded guilty today to possession with intent to deliver quantities of methamphetamine and fentanyl.

According to court documents and statements made in court, on April 8, 2024, law enforcement officers conducted a traffic stop of a vehicle driven by West near Parkersburg. Officers found quantities of methamphetamine and fentanyl in the vehicle and a Taurus G3C 9mm pistol on West’s person. West admitted that he possessed the found controlled substances and intended to distribute them in and around the Southern District of West Virginia.

West is scheduled to be sentenced on March 3, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-135.

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CHARLESTON, W.Va. – Timothy Jarrett Brown, 43, of Charleston, was sentenced today to two years and three months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on June 24, 2023, law enforcement officers conducted a traffic stop of 2011 Mercedes C300 driven by Brown in the Jefferson area of Kanawha County. During the traffic stop, a police K-9 alerted to the presence of controlled substances in the vehicle. A search of the vehicle revealed a small amount of methamphetamine in Brown’s person, a Smith & Wesson model SW40VE .40-caliber semiautomatic pistol hidden in the electrical compartment of the vehicle’s trunk, and quantities of 9mm ammunition in the vehicle. Brown told officers he possessed the firearm for protection.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Brown knew he was prohibited from possessing a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, heroin, in Kanawha County Circuit Court on January 31, 2020.

On August 19, 2023, a law enforcement officer conducted a traffic stop of Brown while he was driving his Mercedes in St. Albans. Officers searched the vehicle and found a Kahr Arms CM9 9-millimeter pistol hidden in the engine block. A female passenger in the vehicle told officers that Brown asked her to say the pistol belonged to her.

Brown has a long criminal history that also includes prior convictions for indecent liberties with a child, battery, domestic battery, violation of a protective order, failure to register as a sex offender, criminal possession of a firearm, possession with intent to deliver a controlled substance-heroin, and theft.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Kanawha County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the St. Albans Police Department.

Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-203.

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CHARLESTON, W.Va. – Charles Eugene Moore, 37, of Charleston, pleaded guilty today to distribution of a quantity of fentanyl.

According to court documents and statements made in court, on April 22, 2022, Moore sold approximately 28 grams of a mixture containing fentanyl and caffeine to a confidential informant in Charleston. Moore admitted to the transaction and further admitted to selling approximately 17 grams of a mixture containing fentanyl and xylazine, a powerful veterinary sedative also known “Tranq,” to a confidential informant in Charleston on April 15, 2022. At the time of these offenses, Moore was on parole following his conviction for second-degree murder in Kanawha County Circuit Court on May 5, 2008.

Moore is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-109.

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CHARLESTON, W.Va. – Charles Eugene Moore, 37, of Charleston, pleaded guilty today to distribution of a quantity of fentanyl.

According to court documents and statements made in court, on April 22, 2022, Moore sold approximately 28 grams of a mixture containing fentanyl and caffeine to a confidential informant in Charleston. Moore admitted to the transaction and further admitted to selling approximately 17 grams of a mixture containing fentanyl and xylazine, a powerful veterinary sedative also known “Tranq,” to a confidential informant in Charleston on April 15, 2022. At the time of these offenses, Moore was on parole following his conviction for second-degree murder in Kanawha County Circuit Court on May 5, 2008.

Moore is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-109.

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CHARLESTON, W.Va. – Michael Dale Cain, 49, of Parkersburg, pleaded guilty today to conspiracy to distribute methamphetamine. Cain admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.

According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Cain conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia. On May 5, 2024, a co-conspirator arranged for Cain to travel to Charleston for the purpose of picking up approximately 3 pounds of methamphetamine that he intended to transport to Parkersburg and distribute to others.  After Cain acquired the methamphetamine, he was stopped by law enforcement officers who searched his vehicle, seized the methamphetamine, and arrested Cain. 

Cain is scheduled to be sentenced on January 29, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-95.

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HUNTINGTON, W.Va. – After two days of trial, a federal jury convicted Michael Allen Kenney, 53, of Hamlin, of being a felon in possession of a firearm.

Evidence at trial proved that on May 17, 2023, Putnam County Sheriff’s deputies responded to a 911 call at a video poker parlor in Poca and encountered Kenney. An officer saw Kenney reach into his waistband and retrieve a Ruger Model EC9s 9mm pistol. Officers seized the firearm and arrested Kenney.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kenney knew he was prohibited from possessing a firearm because of his prior felony convictions, including convictions for possession of a stolen vehicle in Kanawha County Circuit Court on October 27, 2017, being a prohibited person in possession of a firearm in Mason County Circuit Court on August 5, 2014, and fleeing with reckless indifference in Putnam County Circuit Court on February 11, 2014.

Kenney is scheduled to be sentenced on February 24, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

“Today’s verdict holds a dangerous criminal accountable for his unlawful conduct,” said United States Attorney Will Thompson. “I commend the Putnam County Sheriff’s Office and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) for their investigative work, and Assistant United States Attorneys  Lesley C. Shamblin and Stephanie Taylor and our trial team for securing the guilty verdict in this case.”

United States District Judge Robert C. Chambers presided over the jury trial.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-40.

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CHARLESTON, W.Va. – Joshua L. Wolfe, 42, of Givens, pleaded guilty today to two counts of failure to pay a tax and failure to file an income tax return.

According to court documents and statements made in court, Wolfe admitted that the failed to pay approximately $20,000 in taxes withheld from the gross pay of employees of his business, Wolfe Construction Company Inc., due on April 30, 2019. Wolfe also did not file an individual income tax return for calendar year 2018. Wolfe admitted that he drew a salary of approximately $75,000 from Wolfe Construction and transferred approximately $50,000 from his business accounts to his personal accounts that year.

Wolfe was president, sole officer and 50 percent shareholder of Wolfe Construction from 2015 to 2020 and became the sole owner of the commercial construction business in September 2020. Wolfe admitted that he did not pay all of Wolfe Construction’s employment taxes for many quarters from 2017 and 2019, after withholding taxes from the gross pay of his employees. Wolfe Construction generally had 11 to 15 employees during this time period.

Wolfe was also the sole owner of the Barge Restaurant, which he opened in 2017 in Charleston. Wolfe admitted that he often failed to pay the full amount of employment taxes he withheld from the gross pay of Barge Restaurant employees from 2017 to 2019. The Barge Restaurant generally had at least 10 employees during this time period.

Wolfe also admitted that he claimed and received a refund on his 2017 individual income tax return after reporting employment taxes withheld from his 2017 Wolfe Construction salary as “payment.” Wolfe further admitted that he did not file an individual income tax return for calendar year 2019 even though he knew his salary from Wolfe Construction alone exceeded the minimum requirement for filing.

Wolfe is scheduled to be sentenced on January 14, 2025, and faces a maximum penalty of two years in prison, up to two years of supervised release, and a $200,000 fine. Wolfe also owes restitution in an amount to be determined by the Court.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI).

United States Magistrate Judge Dwane L. Tinsley presided over the hearing. Assistant United States Attorney Andrew D. Isabell and Trial Attorneys Brian Flanagan and Rebecca Caruso of the Department of Justice Criminal Tax Division are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-166.

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CHARLESTON, W.Va. – Joshua L. Wolfe, 42, of Givens, pleaded guilty today to two counts of failure to pay a tax and failure to file an income tax return.

According to court documents and statements made in court, Wolfe admitted that the failed to pay approximately $20,000 in taxes withheld from the gross pay of employees of his business, Wolfe Construction Company Inc., due on April 30, 2019. Wolfe also did not file an individual income tax return for calendar year 2018. Wolfe admitted that he drew a salary of approximately $75,000 from Wolfe Construction and transferred approximately $50,000 from his business accounts to his personal accounts that year.

Wolfe was president, sole officer and 50 percent shareholder of Wolfe Construction from 2015 to 2020 and became the sole owner of the commercial construction business in September 2020. Wolfe admitted that he did not pay all of Wolfe Construction’s employment taxes for many quarters from 2017 and 2019, after withholding taxes from the gross pay of his employees. Wolfe Construction generally had 11 to 15 employees during this time period.

Wolfe was also the sole owner of the Barge Restaurant, which he opened in 2017 in Charleston. Wolfe admitted that he often failed to pay the full amount of employment taxes he withheld from the gross pay of Barge Restaurant employees from 2017 to 2019. The Barge Restaurant generally had at least 10 employees during this time period.

Wolfe also admitted that he claimed and received a refund on his 2017 individual income tax return after reporting employment taxes withheld from his 2017 Wolfe Construction salary as “payment.” Wolfe further admitted that he did not file an individual income tax return for calendar year 2019 even though he knew his salary from Wolfe Construction alone exceeded the minimum requirement for filing.

Wolfe is scheduled to be sentenced on January 14, 2025, and faces a maximum penalty of two years in prison, up to two years of supervised release, and a $200,000 fine. Wolfe also owes restitution in an amount to be determined by the Court.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI).

United States Magistrate Judge Dwane L. Tinsley presided over the hearing. Assistant United States Attorney Andrew D. Isabell and Trial Attorneys Brian Flanagan and Rebecca Caruso of the Department of Justice Criminal Tax Division are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-166.

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CHARLESTON, W.Va. – Gary Allen Swift Jr., 62, was sentenced today to one year and nine months in prison, to be followed by five years of supervised release, for failure to provide information related to interstate travel as required by the Sex Offender Registration and Notification Act (SORNA).

According to court documents and statements made in court, from on or about July 1, 2023 through on or about February 6, 2024, Swift failed to register or update his registration as required by SORNA after he relocated to West Virginia from Iowa.

Swift traveled from Iowa to Huntington, West Virginia, following his conviction for failing to register as a sex offender in Scott County, Iowa, District Court on January 4, 2023. On April 7, 2023, Swift was convicted in Cabell County Magistrate Court for failing to register as a sex offender in West Virginia. Swift then moved from Huntington to Charleston, where he continued his pattern of failing to register until February 2024, resulting in his prosecution by the United States Attorney's Office for the Southern District of West Virginia.

Swift is required to register as a sex offender and comply with SORNA because of his convictions for first-degree sexual abuse in Nicholas County, West Virginia, Circuit Court on March 18, 1986, and criminal sexual assault in Rock Island, Illinois, Circuit Court on November 20, 2006.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS).

Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jonathan T. Storage prosecuted the case.

SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006 and provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA seeks to strengthen the nationwide network of sex offender registration and notification programs, in part by requiring registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-27.

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CHARLESTON, W.Va. – Terric Zaire Williams, 25, of Akron, Ohio, pleaded guilty today to possession with intent to distribute 50 grams or more of a substance containing methamphetamine.

According to court documents and statements made in court, on March 29, 2023, law enforcement officers executed a search warrant at a Charleston apartment where Williams was staying. Officers seized three-quarters of a pound of methamphetamine from a dining room trash can and a living room closet during the search. Williams admitted to possessing the seized methamphetamine and intending to distribute it.

Williams is scheduled to be sentenced on February 27, 2025, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Lesley C. Shamblin is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-67.

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CHARLESTON, W.Va. – Jeffrey R. Lambert, 63, of Ranger, was sentenced today to five years in prison, to be followed by four years of supervised release, for possession with intent to distribute 5 grams or more of methamphetamine and a quantity of fentanyl.

According to court documents and statements made in court, on August 2, 2022, law enforcement officers executed a search warrant at Lambert’s residence and found approximately 186 grams of methamphetamine, approximately 57 grams of fentanyl and fentanyl analogues, several firearms, and $4,402.  Lambert admitted that he possessed and intended to distribute the seized controlled substances.  Lambert also possessed a loaded pistol in his bedroom along with his cash and some of the controlled substances. 

Lambert further admitted to selling a total of approximately 70 grams of methamphetamine on four occasions between July 25, 2022 and August 1, 2022, each time to a confidential informant at his Ranger residence.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Route 119 Drug Task Force, which consists of members of the Mingo County Sheriff's Office, the Logan County Sheriff's Office, the Boone County Sheriff's Office, and the West Virginia State Police.

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-14.

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CHARLESTON, W.Va. – Luther A. Hanson, 71, of Charleston, pleaded guilty today to willful failure to pay over taxes.

According to court documents and statements made in court, from at least 2015 to September 2020, Hanson willfully and intentionally did not withhold or pay over approximately $149,905.37 in employment taxes to the Internal Revenue Service (IRS) for two employees of his accounting services businesses. Hanson owns, manages, controls and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services, and the two employees provided accounting and account services for both.

Hanson admitted that some time prior to June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. Hanson further admitted that he knew this arrangement would relieve him of paying the employer portion of the employment taxes to the IRA and of withholding the employee withholdings of the two employees.

As a result of this arrangement, Hanson paid gross wages by check to the two employees even though neither changed their job duties or responsibilities. Hanson admitted that he knew that neither was an independent contractor while he paid each by check throughout their continued employment. Hanson further admitted that he did not pay the trust fund taxes to the IRS that were owed and did not pay over the employer’s share of employment taxes for the two employees each quarter during the duration of this arrangement.

Hanson is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of  five years in prison, up to three years of supervised release, and a $250,000 fine. Hanson also owes restitution in an amount to be determined by the Court.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI) and the Federal Bureau of Investigation (FBI).

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Erik S. Goes is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-119.

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CHARLESTON, W.Va. – Ricky Steve John, 50, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on March 20, 2024, John possessed a Ruger model EC9 9mm semiautomatic pistol concealed in his pants in Charleston.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. John knew he was prohibited from possessing a firearm because of his prior felony conviction for voluntary manslaughter in Kanawha County Circuit Court on July 21, 2016.

John is scheduled to be sentenced on January 29, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Chief United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-136.

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