Southern District of West Virginia
Press releases recorded for this federal judicial district.
Two Plead Guilty for Roles in Akron to Huntington Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that a Huntington woman and Akron man who participated in a conspiracy that saw large quantities of methamphetamine shipped from Akron and sold in Huntington pled guilty today. Niki Renee Maynard, 49, entered a guilty plea to conspiracy to distribute 50 grams or more of methamphetamine, and Robert Von Wilson, 24, entered a guilty plea to possession with intent to distribute 500 grams or more of methamphetamine.
“100% pure meth from Akron,” said United States Attorney Mike Stuart. “These two defendants were distributing significant amounts of deadly meth in the Huntington area. Now they each face significant prison sentences for their crimes.”
Maynard admitted that between the fall of 2018 and September of 2019, she participated in a conspiracy with multiple individuals to distribute methamphetamine in the Huntington area. During the conspiracy, Maynard repeatedly obtained quantities of methamphetamine which were transported from Akron to Huntington. Maynard relied on multiple individuals from Akron to deliver the methamphetamine to her and Maynard would in turn distribute the methamphetamine to various customers in Huntington. Maynard also admitted that she permitted others to sell methamphetamine from her residence located at 1223 26th Street in Huntington and that she was responsible for distributing up to 500 grams of methamphetamine during the conspiracy.
Wilson admitted that he was present at 1235 25th Street on June 6, 2019, when investigators executed a search warrant at the residence. During the search, investigators seized over 1.7 kilograms of methamphetamine. Wilson admitted that he possessed the methamphetamine and intended to distribute it in the Huntington area. The methamphetamine was later examined by a chemist and determined to be 100% pure.
Maynard faces 5 to 40 years in federal prison and Wilson faces 10 years to life in federal prison when sentenced on January 19, 2021.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearings. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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. 3:19-cr-00245.
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Two Detroit Men Sentenced for Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that two Detroit, Michigan men were sentenced to prison for federal drug crimes.
“When Carter and Sparks decided to peddle poisons in southern West Virginia, they made the same mistake that many other Detroit drug dealers made,” said United States Attorney Mike Stuart. “Now Carter and Sparks will be joining them in federal prison.”
Carlton Carter, 27, was sentenced to 37 months in prison for possession with intent to distribute heroin and oxycodone pills. Carter admitted that on July 10, 2019, law enforcement officers with the Metropolitan Drug Enforcement Network Team (MDENT) found him in possession of approximately 30 grams of heroin and 114 oxycodone 30 mg pills after they stopped a vehicle in which he was a passenger in Charleston. Carter admitted he possessed the drugs with intent to distribute them. MDENT conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Negar M. Kordestani handled the prosecution.
William Anthony Sparks was sentenced to 18 months in prison for possession with intent to distribute heroin. Sparks admitted that on April 25, 2019, deputies with the Jackson County Sheriff’s Office stopped a car in which he was a passenger and recovered over 40 grams of heroin he possessed with the intent to distribute. The Drug Enforcement Administration (DEA) and the Jackson County Sheriff’s Office conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Negar M. Kordestani and former Assistant United States Attorney Drew Inman handled the prosecution.
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. 2:20-cr-00009 (Carter) and 2:19-cr-00167 (Sparks).
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Michigan Man Sentenced for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that a Southfield, Michigan man was sentenced to 18 months in prison for a federal drug crime. Donta Cole, 24, previously pled guilty to an indictment charging him with possession with the intent to distribute crack cocaine.
“Another drug dealer from Michigan – this time with crack,” said United States Attorney Mike Stuart. “Just like any other poison peddler, if you’re selling crack, we’ll send you packing. Your next stop will be federal prison.”
Cole previously admitted that on April 26, 2019, he was a passenger in a vehicle that was pulled over by the West Virginia State Police. An officer found approximately 12 grams of crack cocaine hidden in his groin area. Cole admitted that he intended to sell the crack cocaine.
The West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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. 3:20-cr-00033.
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DOJ Charges More Than 14,200 Defendants with Firearms-Related Crimes in FY20Read the Press Release
86 Defendants Charged in Southern District of West Virginia
CHARLESTON, W.Va. – Today, the Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.
“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences. The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”
“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”
“The right to bear arms pursuant to the 2nd Amendment is a critically important Constitutional right but we best protect the 2nd Amendment by enforcing federal gun laws to prevent dangerous felons and trigger pullers from causing havoc and chaos in our communities. There is truly “no better partner” than ATF when it comes to removing dangerous trigger pullers from our communities,” said United States Attorney Mike Stuart. “West Virginians are safer because of the concerted efforts of federal, state and local law enforcement to keep guns out of the hands of prohibited persons and hold violent offenders accountable for their crimes through federal prosecution.”
“Violent crime in West Virginia is often tied to the possession and use of firearms by convicted felons and those intent on committing illegal activities,” stated Special Agent in Charge R. Shawn Morrow of ATF’s Louisville Field Division which includes West Virginia. “Through task forces, which bring together local and state law enforcement, ATF is making significant strides in dismantling violent criminal organizations, reducing firearms trafficking, and stopping illegal possession of firearms from Huntington to Charleston. This is our ongoing commitment to the safety and well-being of West Virginia’s citizens.”
Of the more than 14,200 defendants charged, 86 defendants have been charged in the Southern District of West Virginia, according to U.S. Attorney Mike Stuart. Below are just a few examples of cases prosecuted in the District that have taken “trigger pullers” off of the streets. The investigative leads generated by the National Integrated Ballistic Information Network, known as NIBIN, have proven to be an invaluable resource in firearms-related prosecutions.
- John Miller, 23, of Charleston, was sentenced to 25 months in prison for making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone. On April 7, 2019, Miller went to Cabela’s in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, although he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal. The Charleston Police Department and the ATF conducted the investigation.
- Frankie D. McNeal, 25, was charged with and pled guilty to being a felon in possession of a firearm. McNeal admitted that on October 14, 2019, he went to The Empty Glass bar in Charleston with a Glock 19 9mm pistol. While at the bar, McNeal got into an altercation with a female patron. He then went outside and discharged a round from the Glock pistol through the windshield of the female’s car. Surveillance video, DNA evidence and ballistics information from NIBIN linked McNeal and the firearm. Police responding to the incident located McNeal in a nearby alley and recovered the Glock pistol from a dumpster next to where McNeal was standing. McNeal was prohibited from possessing a firearm as a result of his September 2012 conviction of first degree robbery in Kanawha County Circuit Court. McNeal faces up to 10 years in prison when sentenced on December 2, 2020. The Charleston Police Department and the ATF conducted the investigation.
- Jordan Kinney, 23, of Charleston, was charged with and pled guilty to being a felon in possession of a firearm. Kinney admitted that on June 14, 2019, he was present at the Go-Mart on Washington Street West in Charleston, and possessed a loaded Taurus 9mm caliber handgun, which he used to shoot approximately six times at another individual. He then fled the location and discarded the handgun in the front yard of a residence a few blocks away. The following day officers with the Charleston Police Department responded to the residence and recovered the same handgun. Ballistics information provided by NIBIN was critical to the success of the prosecution. Kinney was not allowed to possess the firearm because he had previously been convicted of robbery in the second degree. Kinney faces up to 10 years in prison when sentenced on October 19, 2020. The Charleston Police Department and the ATF conducted the investigation.
- Kymoni Davis, also known as “Money,” 31, of Detroit, Michigan, was indicted by a federal grand jury in January 2020 and remained a fugitive until August when law enforcement authorities apprehended him in Detroit. He was subsequently charged by superseding indictment in September 2020 with being a felon in possession of a firearm. Davis also faces state felony charges in Cabell County, in connection with a New Year’s Day shooting in Huntington at the Kulture Hookah Bar where seven people were injured. Davis has three prior felony convictions in state court in Michigan. Davis is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, Davis faces up to 10 years in prison. The Huntington Police Department and the ATF are conducting the investigation.
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense. The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement, such as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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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Cross Lanes Man Sentenced to 14 Years in Federal Prison for Trafficking FentanylRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Joseph Lee Harper, 35, was sentenced today on two federal drug trafficking charges. Harper was sentenced to 168 months – 14 years – in federal prison on each charge, to run currently, for possession of fentanyl with intent to distribute and distribution of fentanyl. At sentencing, the Court found that Harper was a career offender under the Federal Sentencing Guidelines, given his prior criminal history of drug trafficking. Upon completion of his prison sentence, the defendant will serve a term of three years of supervised release.
“120 grams of fentanyl. It’s fentanyl dealers like Harper that have devastated families and communities throughout West Virginia. The number of lives lost to fentanyl-related overdose deaths is staggering,” said United States Attorney Mike Stuart. “Dealers like Harper will not be let off the hook lightly for their crimes.”
Harper previously pled guilty and admitted that on June 10, 2019, he sold over four grams of fentanyl to a confidential informant in return for $700. The sale occurred at the Speedway in Cross Lanes. Harper also admitted that on June 12, 2019, he had approximately 26 grams of fentanyl concealed behind an air duct in his Cross Lanes residence. Officers executing a search warrant located the fentanyl when they searched Harper’s residence. Inside Harper’s residence, officers also located the United States currency tied to the earlier controlled drug sale conducted by Harper. In a post-arrest interview, Harper ultimately admitted to trafficking 120 grams of fentanyl from Huntington to the Cross Lanes area.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.
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-00300.
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U.S. Attorney Mike Stuart Announces over $600,000 Awarded in Support of West Virginia ChildrenRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced an award of $638,975 in a Department of Justice grant to support direct services to children who are crime victims as a result of the nation's addiction crisis. Today’s award in the Southern District of West Virginia is part of more than $261 million going to organizations and agencies across the country. The awards were made by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs (OJP).
“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”
“This funding is desperately needed to help the vast number of West Virginia children negatively affected by the addiction crisis,” said United States Attorney Mike Stuart. “Our children have suffered greatly as a result of substance abuse and addiction and we need to direct every possible resource in support of them during their healing process.”
The grants from OJP’s OJJDP will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.
In addition, more than 100 sites are receiving grants from OJJDP and OVC to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.
The following organization in the Southern District of West Virginia received funding:
- Legal Aide of West Virginia was awarded $638,975 under OVC’s Enhancing Community Responses to America’s Drug Crisis: Serving our Youngest Crime Victims Program.
For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.
Additional information about Fiscal Year 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.
More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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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Federal Inmates Plead Guilty to Weapon ChargesRead the Press Release
BECKLEY, W.Va. -- United States Attorney Mike Stuart announced today that two federal inmates pled guilty to possessing weapons. Tyrice Perkins, 24, and Troy Covington, 20, inmates at the Federal Correctional Institution (FCI) at Beckley, both admitted to possessing a handcrafted weapon, commonly known as a “shank.”
“We will prosecute every federal inmate found to be in possession of a weapon,” said United States Attorney Mike Stuart. “Those prisoners should expect another conviction and a longer prison stay.”
Perkins admitted that on February 9, 2020, he possessed a handcrafted weapon known as a shank. A staff member at the prison saw Perkins drop the shank in the chow hall. The staff member then recovered the weapon.
Covington admitted that on February 8, 2020, he also possessed a handcrafted weapon while he was an inmate at the FCI in Beckley. A staff member at the prison found the shank concealed in a pair of shorts Covington was wearing.
Both defendants admitted that the shanks were designed and intended to be used as a weapon.
Both Perkins and Covington face up to five years in prison, to be served consecutively to the sentences they are now serving. Sentencing for both defendants is set for January 22, 2021.
The case was investigated by the Federal Bureau of Prisons (BOP). Assistant United States Attorneys John L. File and Timothy D. Boggess are handling the prosecutions. United States District Judge Frank W. Volk presided over the plea hearings.
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. 5:20-cr-00179 (Perkins) and 5:20-cr-00178 (Covington).
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U.S. Attorney Mike Stuart Announces More Than $9.3 Million to Assist Victims in West VirginiaRead the Press Release
Award Part of Over $1.8 Billion in Justice Department Funding Announced by Attorney General Barr
CHARLESTON, W.Va. -- U.S. Attorney Mike Stuart announced $9,362,969 in a Department of Justice grant to assist victims in West Virginia. The grant, awarded by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs (OJP), is part of almost 1.8 billion distributed to state victim assistance and compensation programs to fund thousands of local victim assistance programs across the country and to provide millions in compensation to victims of crime.
The OVC’s flagship formula grant program is supported by the Crime Victims Fund (the Fund), which was established under the Victims of Crime Act (VOCA). The Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. In FY 2019 alone, VOCA grants served over seven million victims and paid more than $399 million in compensation claims.
“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”
The awards made to organizations in West Virginia will support local direct victim service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim assistance positions in prosecutors’ offices and law enforcement departments.
“During my tenure as U.S. Attorney, I have met many strong, courageous and inspirational victims of crime,” said United States Attorney Mike Stuart. “Our state has a phenomenal network of victim service providers that work tirelessly for these victims each and every day. This funding will help ensure that West Virginia crime victims get the critical assistance and support they need and deserve.”
State victim compensation programs will receive over $133 million to supplement the state funds that offset victims’ financial burdens resulting from crime. This compensation is often extremely vital to victims who face enormous financial setbacks from medical fees, lost income, dependent care, funeral expenses and other costs.
“The services made available by this funding represent a lifeline for tens of thousands of survivors each month, many of whom otherwise would have no place to turn in a moment of profound crisis,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “These awards will help service providers, as well as law enforcement agencies and prosecutors’ offices respond to the many emotional and material challenges that crime victims in our country face every day.”
The Fund is financed by fines and penalties paid by convicted federal offenders and does not include tax dollars. More information about OJP and its components can be found at www.ojp.gov.
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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Raleigh County Woman Pleads Guilty to Conspiracy to Obstruct JusticeRead the Press Release
Defendant conspired to fake her own death to avoid federal fraud sentence found hiding in her own closet
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Julie M. Wheeler entered a guilty plea to the federal felony offense of conspiracy to obstruct justice. Wheeler, 44, of Beaver, faces up to five years of incarceration, a $250,000 fine, and three years of supervised release when she is sentenced on January 6, 2021.
“Egregious. Wheeler risked the lives of first responders and wasted the critical resources of law enforcement and taxpayers in an attempt to evade her sentence in a federal fraud case only to be found safely hiding in a closet at her home,” said United States Attorney Mike Stuart. “The only thing she gained was a subsequent federal conviction, up to an additional 5 years behind bars and a fine of up to $250,000.”
In a case that garnered national attention, Julie Wheeler admitted to conspiring with her husband, Rodney Wheeler, to fake her own death at the New River Gorge. To fake her death, her husband and another family member placed a 911 call on May 31, 2020, claiming Julie Wheeler had fallen from the Grandview Overlook in the New River Gorge in West Virginia. The overlook is a steep cliff with a series of ledges leading down to the New River. This 911 call prompted a massive search and rescue operation with hundreds of people looking for Wheeler at the base of the overlook and the surrounding area. False statements were given to state and federal investigators by Julie Wheelers’ family as part of the conspiracy, including statements to National Park Service officers and the United States Probation Office. The purpose of these statements was to continue Wheeler’s ruse that she had fallen and was missing. Julie Wheeler was actually hiding in her own home.
After two days of searching, the West Virginia State Police located Julie Wheeler in her home hiding in the closet. Once removed from her closet, she was taken into custody. In statements to state and federal investigators, Wheeler admitted she faked her disappearance to avoid her pending federal sentencing in a health care fraud case. Julie Wheeler was sentenced on June 30, 2020, to 42 months in prison and three years of supervised release for health care fraud relating to her overbilling a VA program for spina bifida care. She was also ordered to pay restitution in the amount of $289,055.07 for the overbilling scheme.
The National Park Service and the West Virginia State Police conducted the criminal investigation, assisted by the Raleigh County Prosecuting Attorney’s Office. The United States Probation Office in the Southern District of West Virginia also conducted an independent investigation of Julie Wheeler’s disappearance and conduct related to the obstruction. The Federal Bureau of Investigation (FBI) and the Veterans Affairs - Office of Inspector General (VA-OIG), the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG) conducted the investigation of the underlying health care fraud.
Co-defendant Rodney Wheeler’s case is set for trial on November 17, 2020 and he is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The Wheelers are both presently charged with numerous felony and misdemeanor offenses in Raleigh County Circuit and Magistrate Courts relating to the false reporting of an emergency.
Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney Erik S. Goes is handling the prosecution.
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. 5:20-cr-00145.
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DOJ Charges 500+ Domestic Violence-Related Firearm Cases in FY20Read the Press Release
CHARLESTON, W.Va. – Today, the Department of Justice announced it has charged more than 500 domestic violence cases involving firearms during Fiscal Year (FY) 2020. A Department priority since 2019 when Attorney General William P. Barr created the Department of Justice’s first ever-Domestic Violence Working Group, these charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), led by Acting Director Regina Lombardo, who has made domestic violence firearms-related investigations a priority.
“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of Justice’s top priorities,” said Attorney General Barr. “This is especially important when it comes to individuals with prior domestic violence convictions. The statistics are clear that when domestic violence offenders have access to guns, their partners and their families are at much greater risk of falling victim to gun violence. In fact, in some communities across America, roughly half of the homicides are related to domestic violence. The Department of Justice is committed to keeping guns out of the hands of those who are prohibited from having them, and we will continue investigating and prosecuting all domestic violence firearms related crimes.”
“According to the CDC, data suggests that about one in six homicide victims are killed by an intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and certain protective orders. It is another way we prevent violent gun crime within our communities.”
“Domestic violence is both prolific and diabolical. It has devastated far too many West Virginia families,” said United States Attorney Mike Stuart. “We know that when a domestic abuser has a gun, the consequences are often tragic. In partnership with ATF, my office works closely with state and local law enforcement to prevent domestic violence through federal prosecutions. We owe it to the victims of domestic violence to use every resource available to keep guns out of abusers’ hands.”
“Domestic violence affects women, men, and families across West Virginia each year - and when coupled with a firearm, this abuse far too often becomes a violent crime,” stated Special Agent in Charge R. Shawn Morrow of ATF’s Louisville Field Division. “ATF is committed to keeping firearms out of the hands of abusers through the enforcement of federal firearms laws and the successful prosecutions of these offenders. Our partnership with United States Attorney Mike Stuart is helping to keep West Virginia families safe.”
Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.
The Working Group, chaired by U.S. Attorney Erin Nealy Cox, of the Northern District of Texas, disseminates legal guidance on keeping guns out of the hands of domestic violence abusers using three federal statutes:
- 18 USC § 922 (g)(1), felon in possession of a firearm
- 18 USC § 922 (g)(9), possession of a firearm by a prohibited person (misdemeanor crime of domestic violence)
- 18 USC § 922 (g)(8), possession of a firearm while subject to a domestic violence protective order
Based on the Working Group’s guidance, in FY 2020, U.S. Attorneys’ Offices nationwide brought 337 domestic violence felon-in-possession charges, 54 possession while subject to a protective order charges, and 142 possession by a prohibited person charges.
For more information on domestic violence or to get help, visit the National Domestic Violence Hotline website or call 1-800-799-SAFE (7233).
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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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Kanawha County Man Sentenced for Defrauding FEMA of 2016 Disaster Relief FundsRead the Press Release
CHARLESTON, W.Va. – Mike Stuart, United States Attorney for the Southern District of West Virginia, announced that a Kanawha County man was sentenced today for defrauding the Federal Emergency Management Agency (FEMA) of 2016 disaster relief funds. Randall Butler, 46, of Charleston, was sentenced to 24 months in federal prison for fraud in connection with major disaster or emergency benefits. Butler pled guilty to the charge in July 2020 and pursuant to his plea agreement, he also agreed to pay $8,614 in restitution.
“As taxpayers, we all suffer when federal assistance programs are defrauded,” said United States Attorney Mike Stuart. “We will not tolerate fraud when our state is struck by natural disaster and West Virginians need critical relief funds to recover and rebuild. We will work with our law enforcement partners to ensure that fraudsters are prosecuted and federal assistance reaches those who are truly in need and eligible to receive federal dollars.”
“DHS OIG remains committed to investigating fraud that affects the Federal Emergency Management Agency’s disaster relief programs,” said Homeland Security Inspector General Joseph V. Cuffari. “Furthermore, we are thankful to our colleagues at the West Virginia Commission on Special Investigations for their assistance in this investigation.”
At the time of the historic 2016 floods, Butler was living in an apartment in Clendenin, an area where FEMA was authorized to provide assistance to affected residents, including rental assistance. After the flood and a brief stay in a rescue shelter, Butler and his family moved to an apartment in Charleston. Butler admitted that he applied for FEMA relief funds for displaced housing even though he knew he was not allowed to receive the FEMA monies, because the U.S. Department of Housing and Urban Development had submitted rental payments on his behalf. Butler further admitted that he had received approximately $8,600 from FEMA for rental assistance, even though he had not been paying the rent himself.
The Department of Homeland Security - Office of Inspector General (DHS OIG) and the West Virginia Commission on Special Investigations conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Kathleen Robeson handled the prosecution.
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. 2:20-cr-00079.
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Huntington Man Pleads Guilty to Heroin ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Terry Alan Blackmon, Jr., 34, pled guilty to one count of distribution of heroin.
“The cooperative efforts of federal, state and local law enforcement have snared another heroin dealer in Huntington,” said United States Attorney Mike Stuart. “We’re working together to rid our communities of dangerous drug dealers and to keep our families safe.”
Blackmon admitted that on September 24, 2019, he distributed approximately 2 grams of heroin to a confidential informant at a residence located on 6th Street in Huntington.
Blackmon faces up to 20 years in prison when sentenced on January 19, 2021.
The Federal Bureau of Investigation’s (FBI’s) Southern West Virginia Transnational Organized Crime (TOC) West Task Force, the FBI, the Cabell County Sheriff’s Office, and the West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
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. 3:19-cr-00290.
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Detroit Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BECKLEY, W.Va. – Cornelius Pope, 24, from Detroit, Michigan, pled guilty today to distribution of fentanyl, announced United States Attorney Mike Stuart.
“Another Detroit drug dealer. Another conviction,” said United States Attorney Mike Stuart. “Pope was selling deadly fentanyl and heroin in the Beckley area. Whether we take drug dealers down one at a time or shutter entire networks, we are removing these poison peddlers from our communities.”
Pope admitted that on November 7, 2018, January 25, 2019, and May 26, 2020, he sold fentanyl and heroin to confidential informants working with the Beckley-Raleigh Drug and Violent Crime Task Force.
Pope faces up to 20 years in prison when he is sentenced on January 22, 2021.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Beckley-Raleigh Drug and Violent Crime Unit. United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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. 5:20-cr-00085.
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Three Men Charged with Federal Gun Crimes Appear in CourtRead the Press Release
CHARLESTON, W.Va. – Three men charged with federal gun crimes appeared in court this week, announced United States Attorney Mike Stuart.
John Miller, 23, of Charleston, was sentenced to 25 months in prison for making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone. On April 7, 2019, Miller went to Cabela’s near Corridor G in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, but he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Negar M. Kordestani and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.
Earlier this week, two Huntington men pled guilty to gun crimes before United States District Judge Robert C. Chambers.
Craig Eatmon, also known as “Fresh,” age 41, pled guilty to two counts of being a felon in possession of a firearm. Eatmon admitted that on May 19 and June 17, 2019, he sold a firearm at Tri-State Pawn and Jewelry on 4th Avenue in Huntington. At the time he sold the firearms, he had been convicted of a drug related felony and malicious destruction of property in Wayne County, Michigan. As a result of those convictions, Eatmon was prohibited from possessing the firearms. Eatmon faces up to 10 years in prison on each count when sentenced on January 11, 2021. The ATF conducted the investigation. Assistant United States Attorney Greg McVey is handling the prosecution.
Jeffrey L. Hodgens, 42, entered a guilty plea to theft of a firearm. Hodgens admitted that on March 24, 2019, he entered a vehicle that was parked in the 1100 block of 4th Avenue in Huntington where he located a Colt, 5.56 mm rifle. Hodgens stole the rifle and admitted that he subsequently traded it to another person in Huntington in exchange for methamphetamine. When the rifle was later recovered, it was determined that the rifle was capable of firing as a fully automatic machinegun. Hodgens faces up to 10 years in federal prison when he is sentenced on January 11, 2021. The investigation was conducted by the ATF and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:19-cr-00270 (Miller), 3:20-cr-00104 (Eatmon), and 3:19-cr-00297 (Hodgens).
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Mexican National Pleads Guilty to Federal Drug and Immigration OffensesRead the Press Release
CHARLESTON, W.Va. – A Mexican man pled guilty to drug and immigration offenses today, announced United States Attorney Mike Stuart. Joel Gonzalez-Gomez, 31, of Chiapas, Mexico, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and illegal reentry of a removed alien. As a result of his guilty plea, Gonzalez-Gomez is subject to removal proceedings.
“This meth dealer with several pounds of the drug and three firearms is also an illegal alien with 5 prior removals,” said United States Attorney Mike Stuart. “Gonzalez-Gomez is a dangerous poison peddler – certainly not the kind of immigrant we welcome into our country. We embrace those who come into our country and abide by our laws, but those who don’t will face the consequences.”
On two occasions in October 2019, Gonzalez-Gomez sold methamphetamine to an informant working for the Metropolitan Drug Enforcement Network Team (MDENT). On November 20, 2019, MDENT, along with agents from the Drug Enforcement Administration (DEA) and the Department of Homeland Security (HSI), executed a search warrant at the residence of Gonzalez-Gomez in Rand. They recovered several pounds of methamphetamine and three firearms. Gonzalez-Gomez was arrested the same day at a residence in Cottageville, Jackson County, West Virginia. Gonzalez-Gomez admitted his drug trafficking activities as well as to having been deported once in 2013, twice in 2015, and once in both 2016 and 2018.
Gonzalez-Gomez faces 5 to 50 years in prison when he is sentenced on January 4, 2021.
MDENT, DEA, HSI, and the United States Postal Inspection Service (USPIS) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
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. 2:20-cr-00157.
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Detroit Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced for a federal drug crime, announced United States Attorney Mike Stuart. Darnell Smith, 26, was sentenced to 18 months in prison for possession with intent to distribute heroin.
“This Detroit drug dealer had a bad day,” said United States Attorney Mike Stuart. “After being shot, he was in possession of 20 individually packaged bags of heroin when he entered the hospital for treatment. Now, he’s headed to federal prison. We hope out-of-state drug dealers figure out that bad days come as a result of bringing their drug business into West Virginia.”
Smith previously pled guilty admitting that on September 12, 2016, law enforcement officers found him in possession of 20 individually packaged bags of heroin when he entered a hospital for treatment after being shot in the head. Smith admitted that he intended to sell the drugs for money.
The case was investigated by the Charleston Police Department. Assistant United States Attorneys Chris Arthur and Erik Goes handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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. 2:18-cr-00165.
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Charleston Career Offender Sentenced to 10 Years in Prison for Selling Heroin Containing FentanylRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to 10 years in prison for a drug crime, announced United States Attorney Mike Stuart. David Ferguson, 48, previously pled guilty to the distribution of heroin. At sentencing, the Court found that because he had two prior felony offenses that were crimes of violence, Ferguson was a career offender.
“It’s 10 years in federal prison for this career offender,” said United States Attorney Mike Stuart. “From his history of violent crimes to his current conviction for selling fentanyl laced heroin, he earned this sentence. Our communities are safer as a result of putting repeat offenders like Ferguson behind bars.”
Ferguson sold heroin, that was later confirmed to contain fentanyl, to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) on November 5, 2018, in Charleston.
United States District Judge Joseph R. Goodwin imposed the sentence. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Monica D. Coleman handled the prosecution.
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. 2:18-cr-00294.
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Kanawha County Man Pleads Guilty to Federal Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty to participating in a drug conspiracy, announced United States Attorney Mike Stuart. Sammy Joe Fragale, II, aka “Bubby Fragale,” 38, of Montgomery, pled guilty to conspiracy to distribute methamphetamine. Fragale is one of 14 defendants charged as a result of a long-term investigation known as “Second Wave,” which dismantled a poly-drug network operating in Kanawha and Fayette Counties.
“Fragale’s conviction is a result of the “Second Wave” investigation,” said United States Attorney Mike Stuart. “The collaborative efforts of our law enforcement partners took more than a dozen drug dealers off the streets that were peddling poisons in Kanawha and Fayette Counties.”
Fragale admitted that he conspired with his father, Sammy Joe Fragale, Sr. to distribute methamphetamine to a DEA informant in August 2020. On several occasions, Fragale “fronted” quantities of methamphetamine to the informant and agreed to accept payment on a later date. On August 21, 2020, Fragale accepted payment from the informant for a transaction that occurred on August 18, 2020. Fragale then returned the money to the informant and directed him to deliver the money to his father at a location in St. Albans. After the transaction was completed, Fragale Sr. was stopped by a St. Albans police officer and found to be in possession of the money along with other controlled substances.
Fragale faces up to 20 years in prison when he is sentenced on January 5, 2021. Fragale Sr. has been charged by criminal complaint with conspiracy to distribute methamphetamine. That complaint remains pending, and the charges against him are mere allegations. He is presumed innocent until convicted by guilty plea or by jury verdict.
The Drug Enforcement Administration (DEA), the St. Albans Police Department, and the Federal Bureau of Investigation (FBI) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing.
The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States. OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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. 2:20-cr-00176.
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Fayette County Man Pleads Guilty to Attempted Enticement of a MinorRead the Press Release
CHARLESTON, W.Va. – A Panamanian man residing in Ansted pled guilty to a sex offense involving a minor, announced United States Attorney Mike Stuart. Eugene Enrique Torres, 43, pled guilty to attempted enticement of a minor.
“Horribly Horrific. Now this Panamanian man faces up to life in prison. Predators like Torres pose a significant threat to West Virginia children,” said United States Attorney Mike Stuart. “We are fortunate to work hand in hand with the FBI’s Child Exploitation and Human Trafficking Task Force to keep our children safe.”
Torres admitted that in June 2020 he contacted a woman on Craigslist who identified herself as a mother who would allow him to have sex with her children in exchange for money. During the conversation, Torres arranged to have the woman travel from Beckley to a hotel in Fayetteville with an 11-year-old girl the woman stated was her daughter. Torres would then pay approximately $250 in order to engage in oral sex and sexual intercourse with the child. After he met with the purported mother at the hotel, Torres was arrested on his way to meet the child.
Torres faces up to life in prison when sentenced on January 6, 2021. As a result of the conviction, Torres will have to register as a sex offender and may be subject to removal from the United States.
The FBI Child Exploitation and Human Trafficking Task Force conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
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. 2:20-cr-00177.
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Charleston Man Pleads Guilty to Escape ChargeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty to an escape charge, announced United States Attorney Mike Stuart. Douglas Wesley, 32, pled guilty to walking away from a halfway house earlier this year.
“When you do the crime, you must do the time – including your time in a halfway house,” said United States Attorney Mike Stuart. “Leaving and not returning to the Dismas Charities facility is a sure way to add more time to your sentence.”
Wesley admitted that in June of this year, he left Dismas Charities, Inc., a Bureau of Prisons residential reentry facility, without permission and did not return. He had been serving a sentence for a federal gun crime conviction and was transferred to Dismas to serve the remainder of the sentence.
Wesley faces up to five years imprisonment when sentenced on December 29, 2020.
The U.S. Marshals Service conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
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. 2:20-cr-00131.
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Operation Free Market Update: Michigan Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Michigan man was sentenced today to 42 months in prison for a federal drug crime, announced United States Attorney Mike Stuart. Gary Jerome Johnson, also known as “Sosa”, 29, previously pled guilty to possession with the intent to distribute fentanyl.
“Michigan football legend Bo Schembechler used to refer to what he called “A Michigan Man.” He was definitely not referring to fentanyl dealers from Michigan,” said United States Attorney Mike Stuart. “Johnson, already wanted by law enforcement authorities in Michigan, was found in Huntington with 16 grams of fentanyl that he had every intention of selling. Now he will be going to federal prison with the many other fentanyl dealers we have convicted.”
Johnson previously admitted that on May 2, 2019, he was a passenger in a vehicle that was pulled over for a traffic stop in Huntington. After learning that Johnson was wanted out of Michigan for absconding from parole, he was placed under arrest and taken to the West Virginia State Police detachment in Huntington for processing. The Trooper found approximately 16 grams of fentanyl in his cruiser. Johnson admitted he intended to sell the controlled substance.
Operation Free Market was a long-term drug investigation in the Huntington area. The investigation was the result of a joint effort by the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
The case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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. 3:19-cr-00204.
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Operation Shutdown Corner Update: Ohio Man Sentenced for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – An Ohio man was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California, Ohio, Michigan, and the Southern District of West Virginia, announced United States Attorney Mike Stuart. Jason Johnson, 31, of Columbus, was sentenced to 78 months in prison, to be followed by a three year term of supervised release, for conspiring to distribute 50 grams or more of methamphetamine. Johnson was one of 17 defendants charged as a result of a long-term investigation, known as “Operation Shutdown Corner.”
“Through operations like Shutdown Corner, we can curtail meth trafficking in our communities,” said United States Attorney Mike Stuart. “Johnson is one of 17 defendants charged as a result of this investigation which brought an end to a DTO responsible for distributing significant amounts of illicit drugs in our southern counties.”
Johnson previously admitted that between June 2018 and September 17, 2019, he participated in the DTO by supplying Stephanie McClung, a co-defendant in this matter, and others with distribution amounts of methamphetamine and heroin. During this time period, Johnson admitted to selling more than 50 grams of a substance containing methamphetamine to McClung knowing it was her plan and purpose to re-distribute those drugs in and around Raleigh County and the Southern District of West Virginia. Johnson admitted to meeting with McClung several times a week to supply her with drugs.
Stuart commended the cooperative investigative efforts of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department, and the West Virginia State Police.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
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. 5:19-cr-00237.
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Greenbrier County Man Sentenced to Federal Prison for Sex Offense Involving MinorRead the Press Release
BECKLEY, W.Va. – Matthew David Lambert, 26, of Renick, was sentenced to 100 months in federal prison for attempted receipt of child pornography. Upon release from prison, Lambert will serve a 25 year term of supervised release and be required to register as a sex offender.
“Each and every day my team works tirelessly to protect West Virginia’s children from predators like Lambert,” said United States Attorney Mike Stuart. “And we seek justice for all victims through prosecuting cases this.”
Lambert previously admitted that from on October 31 to November 1, 2019, he communicated via a social messaging application with a minor he believed to be a 14-year-old girl he understood to be located in Lewisburg. Despite knowing her age, Lambert repeatedly asked her to send him sexually explicit photographs of herself. When the purported minor refused, they agreed that they would meet at a hotel in Lewisburg, to engage in sexual activity, and Lambert would record a video of this sexual activity on his cell phone. On November 1, 2019, Lambert traveled to a hotel in Lewisburg in order to engage in sexual intercourse with the purported 14-year-old girl and was placed under arrest.
The investigation was conducted by the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, which includes task force officers from the West Virginia State Police, the Kanawha County Sheriff’s Office, and the Ashland (Kentucky) Police Department, with additional assistance from the Greenbrier County Sheriff’s Office. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
These cases were 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. 5:19-cr-00295.
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Greenbrier County Man Pleads Guilty to Breaking into United States Post OfficeRead the Press Release
Defendant stole a postal meter, money and stamps
BECKLEY, W.Va. – A Greenbrier County man entered a guilty plea to the felony offense of breaking into a United States Post Office, announced United States Attorney Mike Stuart. Matthew Riffle, 29, of Rupert, faces up to five years in prison and a $250,000 fine when he is sentenced on January 8, 2021. He also will be required to pay restitution to the United States Post Office.
“Riffle not only broke into a post office- he admitted he broke into two,” said United States Attorney Mike Stuart. “The security of our post offices is critical. In a season of massive amounts of ballots being delivered by mail, this case echoes the worries of many in the country as to post office and postal service security. I commend the tremendous work of the U. S. Postal Inspection Service and the Sheriff’s Departments of Greenbrier and Fayette counties.”
On two successive days, Riffle broke into two different United States Post Offices. On March 31, 2019, Riffle used a pry bar to break into the Springdale, Fayette County, United States Post Office. Once inside, he took a postage meter, mail, stamps and some cash. On the previous day, Riffle broke into the Smoot, Greenbrier County, United States Post Office and took some cash. Finally, on April 1, 2019, Riffle again attempted to break into the Smoot Post Office, but was not successful due to the installation of a new door lock and security mechanism. Riffle was arrested on April 2, 2019 by the Greenbrier County Sheriff’s Department. Riffle was advised of his Miranda rights and agreed to give a statement. He admitted to breaking into both of the post offices, and attempting to break into the Smoot Post Office a second time. Riffle stated that his goal was to take the postal machine that prints money orders, but he took the postage stamp meter by mistake. Law enforcement recovered a number of the stolen items from Riffle’s home, including the postage meter from the Springdale Post Office.
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. 5:20-cr-00064.
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Akron Man Sentenced to Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio man has been sentenced for a gun crime, according to United States Attorney Mike Stuart. Devon Alexander, 30, was sentenced to 84 months in federal prison, to be followed by three years of supervised release. Alexander was convicted by a federal jury in December 2019 of being a felon in possession of a firearm.
“Akron- again. As I’ve said before, federal gun laws are straight-forward – persons convicted of felonies, whether they be federal or state offenses, are prohibited from possessing firearms,” said United States Attorney Mike Stuart. “I applaud the work of our law enforcement partners for getting another violent felon off the streets of Charleston.”
Alexander was previously indicted on a single count of being a felon in possession of a firearm due to previous convictions for tampering with evidence and having weapons under disability in Summit County, Ohio. At trial, evidence revealed that during a search of a house in Charleston in August of 2018, police witnessed Alexander toss a Citadel 1911 semi-automatic handgun into the yard while attempting to flee.
The investigation was the result of a joint effort by the Metro Drug Enforcement Network Team (MDENT), the Drug Enforcement Administration (DEA), the Kanawha County Sheriff’s Office, and the West Virginia Department of Corrections and Rehabilitation.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Monica Coleman and former Assistant United States Attorney Stefan Hasselblad handled the prosecution.
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. 2:18-cr-00258.
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U.S. Attorney Mike Stuart Announces Results in Fight Against the Opioid Crisis Two Years After the Launch of Operation S.O.S.Read the Press Release
Cabell County Opioid-Related Overdose Deaths Decline by 52%
CHARLESTON, W.Va. – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Southern District of West Virginia, and identifying wholesale distribution networks and international and domestic suppliers. Under Operation S.O.S., the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
“Operation S.O.S. is saving lives,” said United States Attorney Mike Stuart. “We have made great strides in the fight against the opioid epidemic that once ravaged Cabell County. Through prosecution of fentanyl dealers, combined with efforts in prevention, intervention and treatment, a 52% reduction in opioid-related overdose deaths has been realized in the County from 2017 to 2019. I appreciate the support of the Attorney General, the Deputy Attorney General and the Justice Department in this most important operation.”
Operation S.O.S. has had a significant positive impact in Cabell County. In calendar year 2017, there were 184 opioid-related overdose deaths in the County, compared to 88 opioid-related overdose deaths in 2019 – a 52% reduction. Recent successful prosecutions include:
- A federal jury convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
- Jason Chinn pled guilty to possession with intent to distribute heroin after officers seized 370 grams from his home. He also sold 45 grams of heroin to a confidential informant. As part of his plea agreement, Chinn agreed that he was responsible for the distribution of up to 3 kilograms of the drug. This week, Chinn was sentenced to 100 months in federal prison.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating districts and some of their successes are listed below:
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
- The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
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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Project Guardian: Morgantown Man Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Morgantown man pled guilty today to federal gun crimes, announced United States Attorney Mike Stuart. Robert William Moats, 34, pled guilty to being a felon in possession of a firearm and possession of a firearm with a removed serial number.
Moats admitted that while in Charleston on March 21, 2018, he was in possession of a Phoenix Arms, Raven, .25 caliber semi-automatic pistol that had an obliterated serial number. Moats also admitted that he knew he was a convicted felon and that he was prohibited from possessing a firearm because of a 2003 felony conviction in Monongalia County Circuit Court for second degree murder.
Moats faces up to 15 years in prison when sentenced on December 22, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Courtney Cremeans is handling the prosecution.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:20-cr-00008.
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Operation X-Nation Update: Pennsylvania Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Pennsylvania man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating in Mercer County, announced United States Attorney Mike Stuart. Alonzo Wooden, 44, of Macungie, Pennsylvania, was sentenced to 12 months in prison, to be followed by three years of supervised release, for conspiring to distribute cocaine and oxymorphone. Wooden was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“The takedown of this DTO snared drug traffickers from Pennsylvania, New York and West Virginia,” said United States Attorney Mike Stuart. “All drug traffickers are treated the same in my district. If we catch you peddling your poisons, putting West Virginia children and families in danger, you will be prosecuted.”
Wooden previously admitted at a plea hearing in June of this year, that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Wooden worked with other members of the DTO to distribute prescription pills and cocaine in and around Mercer County. More specifically, Wooden admitted to selling oxymorphone pills and cocaine to individuals he now knows were working as confidential informants. Wooden admitted that the informants would call another member of the DTO who would then direct the informants to meet Wooden or other members of the DTO at a specific location. The locations were different trailer parks in Princeton where the other member owned several trailers. When the informants arrived, Wooden sold cocaine on at least one occasion and oxymorphone on three separate occasions.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
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. 1:19-cr-00307.
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Ohio Man Sentenced to Federal Prison for Fentanyl TraffickingRead the Press Release
CHARLESTON, W.Va. – An Ohio man was sentenced to federal prison today, announced United States Attorney Mike Stuart. Robert Lamar Bates-Porter, 33, of Columbus, Ohio, was sentenced to 154 months in prison, followed by five years of supervised release after pleading guilty to possession with intent to distribute more than 400 grams of fentanyl.
“The package received by Bates-Porter contained a kilogram of deadly fentanyl. If not seized by law enforcement, this amount of fentanyl could have killed up to 500,000 people,” said United States Attorney Mike Stuart. “Bates-Porter is a repeat offender that had returned to drug trafficking while still on supervised release from a prior conviction. My team worked closely with West Virginia and Ohio law enforcement authorities to ensure this dangerous drug trafficker would no longer wreak havoc in our communities.”
During the late summer of 2019, the Washington County, Ohio Major Crimes Task Force (MCTF) was investigating a drug trafficking organization (DTO) that was bringing fentanyl and heroin from Columbus, Ohio to be distributed in and around Marietta, Ohio and Parkersburg, West Virginia. MCTF joined forces with the Parkersburg Narcotics Task Force (PNTF) to investigate the organization. Investigators identified Bates-Porter as a key member of the organization. In September 2019, Bates-Porter ordered a package of drugs to be delivered to a residence on Roselynne Avenue in Parkersburg. The package was delivered on September 12, 2019. Bates-Porter drove from Columbus to Parkersburg and arrived at Roselynne Avenue after midnight on September 13, 2019. Shortly thereafter, PNTF personnel executed a search warrant at the residence where they found Bates-Porter in the basement preparing to open the drug package. Officers seized the package which contained a kilogram of fentanyl. Later the same day, police in Columbus, Ohio executed a search warrant at Bates-Porter’s residence where they seized approximately 260 grams of heroin, 94 grams of cocaine, and a small quantity of a mixture of heroin and fentanyl.
At the time of his arrest, Bates-Porter was on federal supervised release for a 2014 conviction in the Southern District of West Virginia for possession of a firearm in furtherance of drug trafficking. At the plea hearing, he admitted that he took possession of the package and intended to distribute the drugs inside which he claimed to believe was heroin.
The Washington County Major Crimes Task Force, the Parkersburg Narcotics Task Force, the United States Postal Inspection Service, and the Columbus, Ohio Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution.
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. 2:20-cr-00080 and 2:14-cr-00052.
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St. Albans Man Sentenced for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A St. Albans man was sentenced today for his role in a drug crime that spanned several states, announced United States Attorney Mike Stuart. John Harvey Bush Jr., 27, was sentenced to 51 months in prison to be followed by four years of supervised release. Bush had previously pled guilty to possession with intent to distribute five grams or more of methamphetamine.
“I couldn’t be prouder of the work of law enforcement in this case which kept 18 pounds of 96% pure meth from hitting our streets,” said United States Attorney Mike Stuart. “Our collaborative efforts are putting a real dent in area meth trafficking.”
On September 4, 2019, the U.S. Postal Inspection Service intercepted a package shipped from Los Angeles, California to a Charleston residence. Upon obtaining a search warrant for the package, they discovered over 18 pounds of methamphetamine inside. The majority of the methamphetamine was removed, except for 11.2 grams which remained inside the package in order to conduct a controlled delivery. As law enforcement was delivering the package, the National Guard provided helicopter surveillance of the area. Bush was recorded driving to the residence and taking the package from the front porch. He was then followed as he drove the package to his girlfriend’s residence, where he unloaded and opened the package.
Upon opening the package, Bush discovered there to be only 11.2 grams of methamphetamine and attempted to flush the shipping label to the package. Shortly afterwards, law enforcement knocked on the front door of the girlfriend’s residence. Bush saw them through the window and was arrested as he tried to flee out the back door. Bush’s cell phone was seized and searched pursuant to a federal search warrant. On the phone were text messages from a Thomas Drew Bess of Florida making Bush aware of the contents of the package, its tracking number, and when it would be arriving.
The methamphetamine was sent to the DEA laboratory, where it tested 96% pure. Law enforcement officers were able to determine that Bess had mailed the package from California. Flight records confirmed that Bess had traveled to California from Florida to mail the package of methamphetamine. Bess was subsequently arrested in Florida and brought to the Southern District of West Virginia on conspiracy charges. Bess’ phone was searched pursuant to a federal warrant, wherein evidence of drug trafficking and distribution was discovered. Bess pled guilty on August 24, 2020. Bess’ sentencing date is scheduled for December 8, 2020. He faces up to life in prison at sentencing.
The Drug Enforcement Administration (DEA), the United States Postal Service - Office of Inspector General, and the United States Postal Inspection Service conducted the investigation. The West Virginia National Guard assisted law enforcement with their investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States. OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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-00256.
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Raleigh County Pharmacist Pleads Guilty to Wire Fraud and Money LaunderingRead the Press Release
BECKLEY, W.Va. – Natalie P. Cochran, 39, of Daniels, pled guilty in federal court today to fraud charges, announced United States Attorney Mike Stuart. Cochran, a Raleigh County pharmacist and owner of two companies in Beckley - Technology Management Solutions (TMS) and Tactical Solutions Group (TSG) - pled guilty to wire fraud and money laundering. Pursuant to her plea agreement, Cochran also agreed to pay nearly $2.6 million in restitution to her victims and to forfeit her interest to the United States in the assets she obtained through her fraudulent activities, including two pieces of real property, a 1965 Shelby Cobra, multiple vehicles, pieces of jewelry, and nearly $45,000 seized from her business’ bank account.
“Today, Natalie Cochran admitted and pled guilty of committing the federal crimes of wire fraud and money laundering,” said United States Attorney Mike Stuart. “In terms of this agreement, trust me, this is a difficult day for Natalie Cochran. Not only could she be sentenced to more than 11 years in prison, Cochran agreed to forfeiture of a substantial amount of cash and assets. Cochran also waived her right to appeal. Cochran pled guilty. I am pleased that this agreement results in the goal I have in every case - justice for victims and taxpayers.”
Cochran admitted that from approximately June 2017 through at least August 22, 2019, she knowingly defrauded and took money and property from individuals, a financial institution and several other companies. She induced them to invest in TMS and TSG and in phony government contracts by making false misrepresentations regarding her and her companies’ experience and purported success as government contractors. Cochran further admitted that she convinced at least 11 people to invest approximately $2.5 million in alleged government contracts. The investors paid through personal checks, cashier’s checks and wire transfers. She also convinced an investor to send $511,920 through a wire transfer from North Carolina. She further admitted she never invested the money she received but put it into her personal and business bank accounts for personal purposes unrelated to the investments. Cochran admitted to using investor funds to make numerous purchases over $10,000, including withdrawing more than $37,500 to purchase a 1965 Shelby Cobra. She also admitted to knowing that at least one of her investors suffered a financial hardship as a result of her scheme. In order to keep up appearances, Cochran admitted to using some investors’ funds to pay other investors a partial return on their investment.
Cochran faces up to 135 months in prison when sentenced on January 4, 2021.
The West Virginia State Police, the United States Secret Service, and the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG) conducted the investigation. United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorneys Kathleen Robeson and Greg McVey are handling the prosecution.
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. 5:19-cr-00247.
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Parkersburg Man Sentenced to Seven Years in Prison for Firearm and Methamphetamine ChargesRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison today as a result of federal charges related to the trafficking of methamphetamine and the possession of a firearm while involved in drug trafficking, announced United States Attorney Mike Stuart. James Daniel Canty, 60, was sentenced to 84 months in prison for possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime. Canty will serve four years of supervised release following his release from prison.
“At the age of 60, Canty will be going to federal prison for seven years,” said United States Attorney Mike Stuart. “He has led a life a crime, receiving the first of his eight felony convictions at age 19. I commend the Parkersburg Police Department and ATF for getting this repeat offender, his meth and gun off the streets.”
Canty previously admitted that on November 30, 2019, following a traffic stop by members of the Parkersburg Police Department on Plum Street near Jefferson Elementary School in Parkersburg, he was found to be in possession of approximately 55 grams of methamphetamine as well as a .loaded 25 caliber semi-automatic pistol with an obliterated serial number and a box of .25 caliber ammunition. Further investigation revealed that Canty had another two ounces of methamphetamine hidden in the vehicle. Canty further admitted that he intended to distribute the methamphetamine that he possessed, and that he possessed the firearm for the purpose of protecting himself and the methamphetamine that he was carrying. Canty has a long criminal history, which includes six prior felony convictions. The sentence imposed today is the result of Canty’s 7th and 8th felony convictions. The United States sought a strong sentence of imprisonment in this case due not only to the offense conduct, but also the lifetime of criminal activity engaged in by Canty. That criminal activity began when Canty received his first felony conviction in 1979 at the age of 19.
The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:20-cr-00023 and 2:20-cr-00081.
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Mexican National Sentenced for Unlawful Possession of AmmunitionRead the Press Release
HUNTINGTON W.Va. – A Mexican national who was in the United States illegally and caught in possession of .40 caliber ammunition was sentenced to time served, or six months and 17 days, in federal prison today, according to United States Attorney Mike Stuart. Juan Martin Sotelo-Rodriguez, 26, previously pled guilty to being an illegal alien in possession of ammunition.
“Sotelo-Rodriguez illegally entered our country only to further violate our laws,” said United States Attorney Mike Stuart. “My advice to him is that if he wants to come to the United States, he needs to follow the legal process to do so and while he is here, he must follow all of our laws.”
On October 25, 2019, Sotelo-Rodriguez was operating a car on Beechwood Drive in Huntington when he was stopped by a patrol officer with the Huntington Police Department. During the stop, Sotelo-Rodriguez was found to be intoxicated and was arrested for driving under the influence. Officers then located and seized multiple rounds of .40 caliber ammunition laying in the driver’s seat of the vehicle. Sotelo-Rodriguez admitted that he possessed the ammunition. Sotelo-Rodriguez also admitted that he was a citizen of Mexico and not a citizen or national of the United States, that he was illegally and unlawfully present in the United States, and therefore, was prohibited from possessing ammunition.
The United States Immigration and Customs Enforcement (ICE) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentenced. Assistant United States Attorney Joseph F. Adams handled the prosecution.
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. 3:20-cr-00041.
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Huntington Man Sentenced to More Than Eight Years in Federal Prison for Heroin OffenseRead the Press Release
HUNTINGTON W.Va. – A Huntington man caught with a large quantity of heroin was sentenced to 100 months in federal prison today, announced United States Attorney Mike Stuart. Jason Chinn, 44, previously pled guilty to possession with intent to distribute 100 grams or more of heroin.
“By prosecuting opioid dealers like Chinn, we continue to make a notable positive impact in Huntington through Operation S.O.S.,” said United States Attorney Mike Stuart. “Every time we put a poison peddler behind bars, we disrupt the supply of opioids in the community.”
Chinn admitted that on May 8, 2018, officers executed a search warrant on his residence at 3001 5th Avenue in Huntington. Officers recovered 370 grams of heroin during the search and Chinn admitted that he planned on selling the heroin. As part of his plea agreement, Chinn also admitted that he participated with others in distribution of heroin for several years and that he was responsible for the distribution of up to 3 kilograms of the drug.
The Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
The case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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. 3:19-cr-00202.
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MEDIA ADVISORY: United States Attorney Mike Stuart to Hold Press Conference in Beckley TomorrowRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference in Beckley on Monday, September 21, 2020 at approximately 12:00 p.m. to discuss developments in the case of United States v. Natalie Cochran.
Where: Robert C. Byrd U.S. Courthouse and Federal Building
110 North Heber Street
Beckley, WV
When: Monday, September 21, 2020 @ approximately 12:00 p.m.
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Operation Shutdown Corner Update: Michigan Man Sentenced to Five Years in Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Michigan man was sentenced to federal prison for participating in a drug trafficking organization (DTO) in Raleigh County, announced United States Attorney Mike Stuart. Clifford Howell, 31, of Eastpointe, Michigan, was sentenced to 60 months in prison, to be followed by a five-year term of supervised release.
Howell is one of 17 defendants charged in federal court as a result of a long-term investigation known as Operation Shutdown Corner.
“Great work by the more than 200 law enforcement agents from more than five states who were involved in Operation Shutdown Corner,” said United States Attorney Mike Stuart. “The operation took down a major drug trafficking organization and 17 people have been charged as a result. It stands as a significant achievement in our goal to rid our district of out-of-state drug dealers.”
Howell admitted at his plea hearing in June 2020 that between June 2018 and September 17, 2019, he worked with other members of a DTO operating in Raleigh County to distribute heroin. During this time period, Howell admitted to traveling to Michigan to obtain heroin, and then returning to the Southern District of West Virginia to supply other members of the DTO with the heroin. Howell admitted that during this time period he supplied other members of the DTO with more than 100 grams of heroin, knowing it was the plan and purpose of the other members to redistribute the drugs within the Southern District of West Virginia.
The case was investigated by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
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. 5:19-cr-00227.
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Project Guardian: Princeton Man Sentenced for Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – A Princeton man was sentenced to 41 months in federal prison for being a felon in possession of a firearm, announced United States Attorney Mike Stuart. Akeem R. Dickerson, 28, also will serve three years of supervised release.
At his plea hearing in June, Dickerson admitted that on August 31, 2019, an officer with the Princeton Police Department pulled him over for not wearing his seatbelt while he was driving. During the traffic stop, the officer smelled marijuana. When asked about the marijuana smell, Dickerson admitted that he did in fact have marijuana in the car and he also admitted that he had a gun. The officer then searched the car with Dickerson’s consent. The officer found a Springfield, model XDS, .45 caliber semi-automatic handgun. Dickerson admitted that knew he was not supposed to possess any firearms because he was a convicted felon. Dickerson was prohibited from possessing any firearm under federal law because he was convicted in 2012 in McDowell County Circuit Court of the felony offenses of voluntary manslaughter and wanton endangerment with a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Princeton Police Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 1:20-cr-00011.
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Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights OffensesRead the Press Release
WASHINGTON — A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abusing them.
Jonathan Yates, 51, of Bluefield, Virginia, was previously indicted on five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, U.S. Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, U.S. Code, Section 2244(b).
At the change of plea hearing held today before U.S. District Judge Frank W. Volk, Yates admitted that he rubbed the genitals of two veterans, and digitally penetrated a third veteran’s rectum under the guise of legitimate medicine, when in fact he acted without a legitimate medical purpose. This conduct, performed while Yates was acting under color of law in his capacity as a VA physician and a federal employee, deprived the veterans of their constitutional right to bodily integrity and caused them pain. According to the plea documents, the veterans had sought treatment from Yates to manage chronic pain through osteopathic manipulative therapy.
“This doctor abused his position of trust by preying on veterans who came to him for medical treatment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “As this prosecution demonstrates, he will now be held accountable for using his position as a VA physician to deceive and molest his patients.”
“By virtue of today’s plea agreement, Yates stands convicted of heinous criminal acts committed against military veterans who served our country honorably and with great sacrifice,” said U.S. Attorney Mike Stuart for the Southern District of West Virginia. “Throughout this matter, from the commencement of this investigation to today’s plea, our focus has been on seeking justice for these veterans by holding Yates accountable for these terrible acts.”
“What occurred at the Beckley VA Medical Center is particularly despicable because this abuse was at the hands of a doctor who was entrusted with providing compassionate and supportive care to veterans,” said VA Inspector General Michael J. Missal. “The result today was due to the tireless and dedicated efforts of the VA OIG investigators and our law enforcement partners. This doctor will no longer be able to prey on the trust of those who have dedicated their lives in service to our nation.”
Yates is scheduled for sentencing on Jan. 4, 2021. He faces a statutory maximum sentence of 30 years in prison.
The case was investigated by the FBI, the Department of Veterans Affairs Office of Inspector General, and the VA Police Department. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice, Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia, and Assistant Chief Kilby MacFadden of the Fraud Section of the U.S. Department of Justice.
Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/
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Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights OffensesRead the Press Release
A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abusing them.
Jonathan Yates, 51, of Bluefield, Virginia, was previously indicted on five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, U.S. Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, U.S. Code, Section 2244(b).
At the change of plea hearing held today before U.S. District Judge Frank W. Volk, Yates admitted that he rubbed the genitals of two veterans, and digitally penetrated a third veteran’s rectum under the guise of legitimate medicine, when in fact he acted without a legitimate medical purpose. This conduct, performed while Yates was acting under color of law in his capacity as a VA physician and a federal employee, deprived the veterans of their constitutional right to bodily integrity and caused them pain. According to the plea documents, the veterans had sought treatment from Yates to manage chronic pain through osteopathic manipulative therapy.
“This doctor abused his position of trust by preying on veterans who came to him for medical treatment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “As this prosecution demonstrates, he will now be held accountable for using his position as a VA physician to deceive and molest his patients.”
“By virtue of today’s plea agreement, Yates stands convicted of heinous criminal acts committed against military veterans who served our country honorably and with great sacrifice,” said U.S. Attorney Mike Stuart for the Southern District of West Virginia. “Throughout this matter, from the commencement of this investigation to today’s plea, our focus has been on seeking justice for these veterans by holding Yates accountable for these terrible acts.”
“We are pleased with the outcome of this investigation,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “These cases are tough to work and the facts of this case are appalling. The patients and their families at this hospital expected and deserved better care and instead were caused both physical and mental injuries. Accepting the charges against him and pleading guilty allows the victims and their families to not have to relive the abuse during a trial, but still find some form of justice.”
“What occurred at the Beckley VA Medical Center is particularly despicable because this abuse was at the hands of a doctor who was entrusted with providing compassionate and supportive care to veterans,” said VA Inspector General Michael J. Missal. “The result today was due to the tireless and dedicated efforts of the VA OIG investigators and our law enforcement partners. This doctor will no longer be able to prey on the trust of those who have dedicated their lives in service to our nation.”
Yates is scheduled for sentencing on Jan. 4, 2021. He faces a statutory maximum sentence of 30 years in prison.
The case was investigated by the FBI, the Department of Veterans Affairs Office of Inspector General, and the VA Police Department. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice, Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia, and Assistant Chief Kilby MacFadden of the Fraud Section of the U.S. Department of Justice.
Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/
Kanawha County Woman Pleads Guilty to Fraud ChargesRead the Press Release
CHARLESTON, W.Va. - A Kanawha County woman has pled guilty to fraud charges, according to United States Attorney Mike Stuart. Holly Urlahs, also known as Holly Anderson, 32, of Elkview, pled guilty to bank fraud and forging a judge’s signature.
“Urlahs devised quite a fraud scheme. To carry out her scheme, she altered the amount of a cashier’s check in an attempt to get over $8 million and forged signatures on fake documents, including that of a federal judge,” said United States Attorney Mike Stuart. “Investigators did great work in this case, ultimately unraveling Urlahs’ web of deceit.”
Urlahs admitted that she falsely claimed to have sued Charleston Area Medical Center (CAMC) and was expecting a large financial settlement from her lawsuit. Under these false pretenses, she set out to defraud financial institutions and an insurance company. As part of her fraudulent scheme, Urlahs altered a $100 cashier’s check to reflect an amount over $8.4 million. She also provided fake documents with forged signatures and a personal check for $1 million, although she knew she did not have sufficient funds in her account, to an insurance company to obtain an annuity contract. Urlahs’ check was returned for insufficient funds.
The investigation was conducted by the West Virginia State Police-Bureau of Criminal Investigations and the West Virginia Insurance Commissioner’s Special Investigations Division. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
Urlahs faces up to 35 years in prison and a $1.25 million fine when she is sentenced on January 21, 2021.
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. 2:20-cr-00125.
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Project Safe Childhood: Princeton Woman Pleads Guilty to Conspiracy to Distribute Child PornographyRead the Press Release
BLUEFIELD, W.Va. – A Princeton woman pled guilty to conspiring with another person to distribute child pornography, announced United States Attorney Mike Stuart. Elizabeth Kaye Haway, 43, pled guilty to conspiracy to distribute child pornography.
“Protecting our children is my highest priority,” said United States Attorney Mike Stuart. “My office takes all Project Safe Childhood cases very seriously and prosecutes them to the fullest extent possible. That being said, even among those cases, this one stands out for the considerable degree of lifelong physical and mental trauma that Haway has inflicted on this young victim.”
Haway admitted that she began talking with codefendant Randall Peggs, of Wheeling, on Facebook in November 2018. Over the course of several months, Haway and Peggs conspired to distribute child pornography of Victim 1, a 5-year-old female minor child. The majority of their communications occurred on Facebook Messenger and conversations focused on Haway’s desires to touch and sexually violate Victim 1 while recording it to send to Peggs. Peggs encouraged Haway to record and send him nude videos of Victim 1 and told her that he would watch anything she sent him. Ultimately, Haway recorded a video of child pornography depicting a nude Victim 1 and sent the video to Peggs twice via Facebook in February 2019.
Haway faces a mandatory minimum of five years and up to 20 years in prison when sentenced on December 14, 2020. Haway currently is serving a state prison sentence for first degree sexual assault, sexual abuse and incest involving the same minor female child. Peggs previously pled guilty on August 3, 2020 to a federal child pornography charge arising out of this incident. His sentencing is scheduled for November 9, 2020.
This case was investigated by the Mercer County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the FBI’s Violent Crimes Against Children Task Force. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case is being 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. 1:19-cr-00304.
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Project Safe Childhood: Huntington Man Pleads Guilty to Child Pornography OffenseRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty to a child pornography offense, announced United States Attorney Mike Stuart. Trent S. Davis, 29, pled guilty to possession of child pornography involving minors.
“Davis planned his deviant acts,” said United States Attorney Mike Stuart. “He believed he was communicating with the parent of young girls. It is wrong on so many levels to think that is okay. He went further to make arrangements to meet the minors. The investigation also uncovered images and videos of younger children on his cell phone and computer that are too appalling to imagine.”
Davis admitted that on April 27, 2020, he arranged with a person he believed to be the parent to two minor females, ages 12 and 14, to travel from his job in Eleanor, West Virginia to Ashland, Kentucky, in order to engage in sexual activity with both minor girls. On the way to the meeting location, Davis stopped to purchase condoms to use during the sexual activity. Davis was arrested when he arrived at the meeting location in Ashland. A subsequent search of his cell phone revealed numerous images and videos depicting the sexual exploitation of minors, including videos depicting the sexual abuse of toddlers and images and videos depicting sadistic conduct. A search of Davis’ residence located additional computer equipment that also contained child sexual abuse materials.
Davis faces up to 20 years in prison when sentenced on December 14, 2020. If convicted he will be required to register as a sex offender.
The Ashland (Kentucky) Police Department and the FBI Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald and law student intern Makeia Jonese are handling the prosecution.
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. 3:20-cr-00072.
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Parkersburg Man Pleads Guilty to Escape ChargeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty to an escape charge, announced United States Attorney Mike Stuart. Sean Anthony Nalle, 35, pled guilty to walking away from a halfway house earlier this year.
“Bad idea. Nalle was about a month away from his release. Now he faces up to five years in prison,” said United States Attorney Mike Stuart.
Nalle admitted that in February 2020, he left Dismas Charities, Inc., a Bureau of Prisons residential reentry facility, without permission and did not return. He had been confined at Dismas because of a previous federal gun crime conviction.
Nalle faces up to five years imprisonment when sentenced on November 10, 2020.
The U.S. Marshals Service conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Negar Kordestani is handling the prosecution.
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. 2:20-cr-00089.
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Operation X-Nation Update: Pennsylvania Man Sentenced to More Than 14 Years in Federal Prison for Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Pennsylvania man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating in Mercer County, announced United States Attorney Mike Stuart. Sezar Hamilton, 39, was sentenced to 174 months in prison, to be followed by three years of supervised release, for conspiring to distribute hydromorphone. Hamilton was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“Great work by authorities in busting up this drug operation in Mercer County that was perpetuating pill dependency in our district,” said United States Attorney Mike Stuart. “Hamilton is one of six charged as a result of Operation X-Nation. He now has more than 14 years to think about his dangerous ways.”
Hamilton previously admitted at a plea hearing in June that between August 2017 and August 31, 2019, he participated in a drug trafficking organization (DTO) operating in Mercer County. During this time period Hamilton worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County. More specifically, Hamilton admitted to selling hydromorphone pills to an individual he now knows was a confidential informant. Hamilton admitted that the informant would call another member of the DTO who would direct the informant to meet Hamilton or other members of the DTO at a specific location. That location was a trailer park in Princeton where the other member owned several trailers. When the informant arrived, Hamilton sold hydromorphone on at least two separate occasions.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
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. 1:19-cr-00307.
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Inmate Sentenced for Having Weapon at FCI McDowellRead the Press Release
BLUEFIELD, W.Va. - An inmate at the Federal Correctional Institution (FCI) McDowell was sentenced in federal court today for possessing a weapon at the correctional facility, according to United States Attorney Mike Stuart. Desmond Johnson, 29, was sentenced to 12 months in prison, to run consecutively to the sentence he currently is serving. He also was sentenced to three years of supervised release following his imprisonment.
“As if serving time in a federal prison isn’t bad enough, Johnson made things worse for himself by possessing a shank,” said United States Attorney Mike Stuart. “Shanks are incredibly dangerous for other inmates and for prison staff. Now he has an extended stay at FCI McDowell.”
Johnson admitted that on July 21, 2019 he possessed a handcrafted weapon commonly called a shank. A staff member at the prison saw Johnson drop the shank, and another staff member recovered it.
The case was investigated by the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney John File handled the prosecution.
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. 1:20-cr-00057.
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Project Guardian: Two Men Plead Guilty to Federal Ammunition and Firearm ChargesRead the Press Release
CHARLESTON, W.Va. – Two men pled guilty this week to federal ammunition and firearm charges, according to United States Attorney Mike Stuart.
Darrell Lowers, 39, of New York, pled guilty to being a felon in possession of ammunition. On January 21, 2020, officers with the Charleston Police Department were dispatched to a residence for a report of shots fired. Lowers was detained inside the residence and .45 caliber Winchester ammunition was recovered from his truck. Lowers was on parole out of New York at the time he committed this offense. He has prior felony convictions for second degree burglary in 2013, third degree arson in 2011, and attempted second degree assault in 2007. These convictions all occurred in New York. Lowers faces a potential 15 years to life in prison when sentenced on January 14, 2021. The case was investigated by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Nick Miller is handling the prosecution.
Brian Kelly Townsend, 58, of Charleston, pled guilty to possession of a firearm as a convicted felon. Townsend admitted that on June 9, 2018, he contacted law enforcement alleging he had been assaulted by his girlfriend. When questioned by law enforcement, Townsend admitted that no assault had occurred and that he had made a false report to police. His girlfriend then expressed fear of Townsend, indicating he was a convicted felon and had a firearm that he kept locked in his pickup truck. She produced a holster and ammunition. Townsend was questioned and admitted that he was a convicted felon and possessed a firearm. Law enforcement recovered a loaded Charter Arms Corp. .32 caliber revolver from Townsend’s pickup truck. Townsend has prior felony convictions for child abuse causing bodily injury and third offense domestic battery in Kanawha County Circuit Court that disqualify him from owning or possessing firearms. Townsend faces up to 10 years in prison when sentenced on December 8, 2020. The Kanawha County Sheriff’s Office conducted the investigation. Senior United States Judge David A. Faber presided over the hearing. Assistant United States Attorney Julie White is handling the prosecution.
These cases are being prosecuted as part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office is prosecuting these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:20-cr-00118 (Lowers) and Case No. 2:20-cr-00088 (Townsend).
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Parkersburg Man Pleads Guilty to Dealing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty today to a federal charge related to the trafficking of methamphetamine, announced United States Attorney Mike Stuart. Andrew Martin Hopkins, 57, pled guilty to possession with intent to distribute methamphetamine.
“Hopkins intended to sell more than 100 grams of meth that had a purity of 96%,” said United States Attorney Mike Stuart. “I commend law enforcement for yet another great job in getting this meth dealer off the streets before he could peddle dangerous and deadly meth in and around the Parkersburg area.”
Hopkins was driving a pickup truck in Vienna on May 19, 2019 when he was pulled over by an officer with the Vienna Police Department near the intersection of Grand Central Avenue and 21st Street for displaying a license plate that belonged on a vehicle of a different make and model. After the officer determined that Hopkins could not produce proper registration or proof of insurance for the vehicle, a K-9 was requested to respond to the scene of the traffic stop. After the K-9 arrived, it was deployed on the vehicle and provided a positive indication for the presence of controlled substances. Officers then searched and located methamphetamine inside the truck as well as on Hopkins’ person. A total of 102.85 grams of methamphetamine were located during the search, along with $3,631 in United States currency. The methamphetamine was sent to a laboratory and confirmed to have a purity of 96%. Hopkins admitted to possessing the entire amount of methamphetamine and having the intention to distribute it to other people.
Hopkins faces up to life in prison when sentenced on December 8, 2020.
The Vienna Police Department and the Federal Bureau of Investigation (FBI) conducted the investigation, with assistance from the West Virginia State Police. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
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. 2:20-cr-00003.
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Parkersburg Man Sentenced to 46 Months in Federal Prison for Firearm OffenseRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison for a federal firearms conviction, announced United States Attorney Mike Stuart. Kevin Lee Ramsey, 30, was sentenced to 46 months in prison for being a felon in possession of a firearm. Ramsey also will serve three years of supervised release.
“Not only was Ramsey a felon with a gun, he took it one step further and threatened law enforcement, which absolutely will not be tolerated,” said United States Attorney Mike Stuart. “You can rest assured that my office will advocate for stiff sentences for those who threaten the safety of our law enforcement officers or the public."
Ramsey previously admitted that he possessed a loaded Heckler & Koch 9mm compact semi-automatic pistol within a vehicle in which he was riding as a passenger on August 15, 2019. On that date, the vehicle was stopped by officers with the Parkersburg Police Department near the intersection of 7th Street and Swann Street in Parkersburg. Pursuant to that traffic stop, officers searched the vehicle and discovered the firearm in the glove box directly in front of where Ramsey was seated. At the time that Ramsey possessed this firearm, he knew that he had been previously convicted of the offense of delivery of heroin in Wood County Circuit Court in July of 2015, and was prohibited by law from possessing a firearm.
The United States sought a lengthy prison sentence in this case, not only as a result of the defendant’s act of possessing a firearm in violation of the law, but also due to his violent conduct against the law enforcement officers involved in his arrest. During his arrest, Ramsey made several threats against Parkersburg Police Department officers. He kicked them, spit on them and attempted to head butt them. Additionally, he said, “If I had known how this was going to go, I would have grabbed that [expletive] and flicked it at you. I won’t make that mistake again.” This is an apparent reference to the firearm that was seized from the defendant and the fact that he would have fired it at officers if he knew that he was ultimately going to be arrested.
The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.
This case was prosecuted as a Project Guardian case, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office prosecuted this case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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-00282.
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Huntington Man Pleads Guilty to Fentanyl ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to three drug crimes, announced United States Attorney Mike Stuart. Martel DaAngelo Brown, also known as “Marty,” 33, pled guilty to two counts of distribution of fentanyl and one count of possession with intent to distribute fentanyl.
”Operation Synthetic Opioid Surge is saving lives,” said United States Attorney Mike Stuart. “We prosecute every case involving the distribution of fentanyl, regardless of quantity.”
Brown admitted that on February 5, 2020 and February 7, 2020, at 911 9th Street West in Huntington, he distributed approximately 1 gram and 0.67 grams of fentanyl during controlled buys. On February 10, 2020, a search warrant was executed at his residence where approximately 3.46 grams of fentanyl, digital scales and ledgers were located.
Brown faces a maximum of 20 years in prison when sentenced on December 14, 2020.
The case was investigated by the Cabell County Sheriff’s Office and the FBI’s Southern West Virginia Transnational Organized Crime (TOC) West Task Force.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
The case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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. 3:20-cr-00039.
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Huntington Man Pleads Guilty to Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to drug crimes, announced United States Attorney Mike Stuart. Maurice D. Grigsby, also known as “Ty,” 35, pled guilty to two counts of distribution of crack cocaine.
“Many people think ‘crack’ is a thing of the past. It’s not. It’s still here and still a problem. We continue to prosecute crack dealers,” said United States Attorney Mike Stuart. “Grigsby faces up to 20 years when sentenced. Great work by the FBI, the FBI’s Southern West Virginia Transnational Organized Crime West Task Force, the Cabell County Sheriff’s Office and the West Virginia State Police.”
Grigsby admitted that on March 28, 2019, at The Lighthouse Bar in Guyandotte, he distributed approximately 1.1 grams of crack cocaine to a confidential informant. Grigsby also admitted that on April 24, 2019, he distributed approximately 1.08 grams of crack cocaine to a confidential informant in a controlled buy near 2575 5th Ave. in Huntington.
Grigsby faces a maximum of 20 years in prison when sentenced on December 14, 2020.
The case was investigated by the Federal Bureau of Investigation (FBI), the FBI’s Southern West Virginia Transnational Organized Crime (TOC) West Task Force, the Cabell County Sheriff’s Office, and the West Virginia State Police.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
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. 3:19-cr-00257.
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