Southern District of West Virginia
Press releases recorded for this federal judicial district.
New York Man Sentenced on Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. -- United States Attorney Mike Stuart announced today that a Brooklyn, New York man was sentenced on a drug charge in federal court in Bluefield. Tarik Williams, 35, was sentenced to 21 months in prison for distribution of heroin.
“Another out-of-state drug dealer caught peddling heroin in our southern counties,” said United States Attorney Mike Stuart. “It means another out-of-state drug dealer is going to federal prison. I’ve sent a record number of out-of-staters to federal prison for dealing drugs in my district and my foot is full throttle on the peddle to shut down these evildoers.”
Williams pled guilty in April, admitting that on October 16, 2017, he distributed a quantity of heroin to a confidential informant in Bluefield.
The Southern Regional Drug and Violent Crimes Task Force conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by Senior United States District Judge David A. Faber.
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Kentucky Man Pleads Guilty to Stealing Mail Parcels Containing Medication Intended for VeteransRead the Press Release
HUNTINGTON, W.Va. – An Ashland, Kentucky man pled guilty to illegally stealing and rifling through mail parcels intended for veterans, announced United States Attorney Mike Stuart. Michael Lawrence Collins, 48, was a truck driver for a company who contracted with the United States Postal Service to transport mail between Post Office facilities. Collins gained access to the mail by virtue of his employment as a contract truck driver.
“A despicable crime – stealing critical medications intended for those who served our Nation,” said United States Attorney Mike Stuart. “Collins was stealing pain medication for his own personal use that was intended for veterans in the Huntington area. Collins was supposed to deliver the mail, not steal the mail. I appreciate the work of the United States Postal Inspection Service to catch Collins so that veterans in the Huntington area will once again get their much needed medications.”
An investigation was initiated in 2018 by agents of the United States Postal Inspection Service after receiving complaints that prescription medication packages sent from the Veterans Affairs Medical Center (VAMC) in Huntington were not received or the packages had been ripped open. Postal inspectors then identified the truck route in which the suspicious activity was occurring and conducted surveillance. Collins was identified as the suspect. On December 18, 2018, Postal Inspectors placed test packages into the mail stream on Collins’ mail route. Postal inspectors approached Collins on the dock of the Huntington Post Office, and Collins was found to have one of the test packages in his jacket. Collins confessed that he had been stealing and tearing open the medication parcels.
At the September 3, 2019 plea hearing, Collins admitted that on approximately eighteen occasions, from August 2018 through December 2018, he opened and removed the contents of sealed U.S. mail parcels that were labeled as being sent from the VAMC to people in the Huntington area. Collins admitted that he was looking for pain pills, such as hydrocodone, for his personal use.
Collins faces up to five years in prison when sentenced on December 9, 2019. The United States Postal Inspection Service conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing.
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Huntington Man Pleads Guilty to Six Counts of Illegally Accessing Veterans' Medical RecordsRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty to illegally accessing the medical records of six veterans, announced United States Attorney Mike Stuart. Jeffrey Miller, 39, an employee of the Veterans Benefits Administration in Huntington, pled guilty to six counts of unauthorized access of a computer.
“This is a very serious matter. Medical records are protected information and the expectation and right of privacy is paramount,” said United States Attorney Mike Stuart. “Federal law requires employees of the Veterans Benefits Administration to protect the medical records of our veterans. Anyone that improperly accesses, uses or exploits veterans’ medical records will be held accountable.”
Miller admitted that he illegally accessed the medical records of six veterans between January and May of 2018. Miller further admitted that he took a picture of the medical records of former West Virginia State Senator Richard Ojeda, and then sent the picture to an acquaintance.
Miller faces up to one year in prison on each of the six counts of fraud in connection with computers when he is sentenced on December 9, 2019.
The Department of Veterans Affairs – Officer of the Inspector General and the FBI conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stefan Hasselblad is handling the prosecution.
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Chicago Man Pleads Guilty to Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
CHARLESTON, W.Va. – Cortney Shelton, of Chicago, Illinois, pled guilty today to possessing firearms in furtherance of drug trafficking, announced United States Attorney Mike Stuart.
“A felon with guns dealing heroin and cocaine base,” said United States Attorney Mike Stuart. “As a result of his conviction, this “Johnny on the Spot” is going to be sent to a new spot – federal prison.”
An investigation was initiated in Scarbro, West Virginia by agents from the Central West Virginia Drug Task Force in November 2017 into drug trafficking activity by an individual known then only as “Johnny on the Spot.” The investigation later revealed that Johnny on the Spot was Shelton. Three controlled purchases of heroin were made from Shelton in late 2017 and early 2018. Agents then obtained a search warrant for a residence in Scarbro believed to be Shelton’s “stash house.” When the search warrant was executed, Shelton was present at the stash house, and detectives recovered two firearms as well as distribution quantities of heroin and cocaine base and other items related to drug trafficking.
At the plea hearing, Shelton, a convicted felon, admitted that he intended to distribute the heroin and cocaine base and that he possessed the firearms in order to protect himself from anyone who might try to steal the drugs or proceeds from the drug trafficking activity. Stuart commended the investigative efforts of the Central West Virginia Drug Task Force, a multi-agency task force designed to combat drug trafficking activity in Southern West Virginia.
Shelton faces a mandatory minimum sentence of 5 years to life in federal prison when he is sentenced on November 21, 2019. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.
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United States Attorney Mike Stuart Launches Public Messaging Campaign in Conjunction with National Recovery MonthRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching a public messaging campaign in conjunction with National Recovery Month. The messages, which will begin airing on September 3, 2019, speak to both drug dealers contributing to the state’s opioid epidemic and West Virginians whose lives have been touched by substance use disorder. The messages will be aired on radio stations on a statewide basis.
September is National Recovery Month, which is aimed at increasing awareness and understanding of mental and substance use disorders and celebrating the people who recover. For more information about National Recovery Month visit https://www.samhsa.gov/about/digital-toolkits/recovery-month/toolkit.
Messages that will air over the next two weeks are attached.
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Audio file Audio file
HOPE Clinic Defendant Pleads Guilty to Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Shady Springs man pled guilty to a gun crime, announced United States Attorney Mike Stuart. Joshua Radcliffe, 36, pled guilty to conspiring with Mark T. Radcliffe to using and carrying firearms in relation to maintaining drug-involved premises.
“It’s a serious red flag when employees associated with a medical practice have to carry guns for protection because of the clientele and the cash coming in,” said United States Attorney Mike Stuart. “Individuals fueled by greed who contribute to the opioid epidemic and prey on those suffering from addiction should take note – we will use every tool in our toolbox to hold you accountable.”
Radcliffe admitted that from 2010 through 2015, he was employed through PPPFD, Inc., the company that managed the daily operations of the HOPE Clinic. Radcliffe admitted that HOPE Clinic was predominately a cash based business and that the physicians at HOPE Clinic issued prescriptions for oxycodone and other Schedule II controlled substances to its customers not for legitimate medical purposes and outside the bounds of professional medical practice. Radcliffe worked at the Beckley and Beaver locations of the HOPE Clinic as the Clinic Manager. As the Clinic Manager, Radcliffe admitted to running the daily operations of the clinics and that PPPFD management made medical decisions that should have been made by the physicians and not by PPPFD employees. Because of the types of customers coming to the HOPE Clinic locations, including the Beckley HOPE Clinic located on Carriage Drive and the Beaver HOPE Clinic located on Lockheed Drive, specifically people seeking Schedule II controlled substances to feed their addiction or to illegally distribute, Radcliffe admitted that he carried a firearm to work. He further admitted that he, and other management at PPPFD, encouraged other PPPFD employees, especially the narcotic auditors and clinic managers, to carry firearms to work for protection because of the customers and the amount of cash coming into the clinics each day.
Radcliffe faces up to 20 years in prison when sentenced on January 15, 2020.
The investigation was conducted by the U.S. Department of Health and Human Services Office of Inspector General (OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.
United States District Judge Irene Berger presided over the hearing. Assistant United States Attorneys Monica D. Coleman and Steven Loew are handling the prosecution.
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Charleston Man Sentenced to Prison for Selling MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 24 months in prison and 3 years of supervised release, announced United States Attorney Mike Stuart. Shanton Penn, 27, of Charleston, previously pled guilty to distribution of methamphetamine.
“We’re taking meth dealer after meth dealer off the streets,” said United States Attorney Mike Stuart. “And we’ll continue to do so until our communities are meth free.”
Penn sold methamphetamine to a confidential informant on the following dates: August 14, 2018, August 20, 2018. Penn sold a total of 27.6 grams of methamphetamine for $675.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Senior United States District Senior Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Christopher R. Arthur handled the prosecution.
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West Virginia Receives over $1.2 Million in STOP Formula Grant Program Funds from the Office on Violence Against WomenRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that the Office on Violence Against Women has awarded $1,255,509 in grant funds to the West Virginia Division of Justice and Community Services (DJCS).
The STOP (Services, Training, Officers, Prosecutors) Violence Against Women Formula Grant Program (STOP Formula Grant Program) was authorized by the Violence Against Women Act (VAWA) of 1994 and reauthorized by subsequent legislation. The STOP Formula Grant Program encourages partnerships between law enforcement, prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable in cases of domestic violence, dating violence, sexual assault, and stalking. The goal of the grant program is to develop and strengthen law enforcement, prosecution, and court strategies to combat violent crimes against women and to develop and strengthen victim services, including community-based, culturally-specific services, in cases involving domestic violence, dating violence, sexual assault, and stalking.
“I’ve traveled throughout my District to personally meet with our STOP teams and convey my office’s commitment to prosecute cases of violence against women” said United States Attorney Mike Stuart. “The awarded grant funds are critical federal dollars that will support and enhance the important work of our STOP teams statewide.”
The West Virginia DJCS acts as the State Administering Agency (SAA) for this grant program.
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West Virginia Man Pleads Guilty to Distribution of MarijuanaRead the Press Release
HUNTINGTON, W.Va. – A West Virginia man pled guilty today to federal drug trafficking offenses, announced United States Attorney Mike Stuart. Tequan Montek Pratt, 24, pled guilty to two counts of distribution of marijuana before United States District Judge Robert C. Chambers. Stuart commended the investigation conducted by the Putnam County Narcotics Unit and the Violent Crime and Drug Task Force - West.
“Pratt trafficked at least 20 kilos of marijuana,” said United States Attorney Mike Stuart. “In this District, marijuana traffickers will be prosecuted just like any other drug trafficker.”
Pratt admitted that on March 29, 2018; March 30, 2018; and April 9, 2018, he sold a pound of marijuana to a confidential police informant at a duplex in Nitro, Putnam County, West Virginia. Pratt also admitted that he and his associates were trafficking the marijuana from cities throughout California for several months. Estimated conservatively, Pratt admitted to trafficking at least 20 kilograms of marijuana from California. The United States indicated its intention to prove at sentencing that Pratt also possessed a small arsenal of firearms and almost 800 MDMA pills at two other houses in Putnam County.
Pratt faces up to 10 years in prison when sentenced on December 2, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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Two Charleston Women Sentenced to Federal Prison for Methamphetamine DistributionRead the Press Release
CHARLESTON, W.Va. – Two Charleston women were sentenced to federal prison for methamphetamine distribution, announced United States Attorney Mike Stuart. Miranda Brandon, 38, of Charleston was sentenced to 138 months in prison for aiding and abetting the distribution of methamphetamine and possession of a firearm in furtherance of drug trafficking. Sherry Gray, 57, of Charleston was sentenced to 109 months in prison for conspiracy to distribute methamphetamine. Brandon will also serve a term of at least five years of supervised release upon her release from prison, and Gray will serve a term of at least three years of supervised release.
“An incredible amount of meth and other drugs, and guns – all in a drug house on Charleston’s West Side,” said United States Attorney Mike Stuart. “Long prison sentences well earned.”
Brandon and Gray previously admitted that in August and September 2018 they delivered drugs and collected money at the direction of Eugene Calvin Wells. They also admitted helping Wells to distribute approximately six ounces of methamphetamine to an informant working for the Drug Enforcement Administration Task Force during several transactions occurring in Kanawha County. On September 28, 2018, the DEA executed a search warrant at Brandon and Gray’s residence on Ferguson Avenue in Charleston that Wells used to store and sell drugs. Agents seized more than 565 grams of heroin, 22 grams of fentanyl, 505 grams of methamphetamine, 600 grams of pentedrone, a synthetic controlled substance, three firearms and approximately $3,053. On the same day, DEA agents searched Wells’ residence in Akron, Ohio and seized more than 400 grams of heroin, seven firearms, and approximately $8,080. Wells pled guilty April 25, 2019 resolving federal charges brought both in the Southern District of West Virginia and in the Northern District of Ohio. He faces a mandatory ten years to life in prison when he is sentenced on October 7, 2019.
The DEA Task Force conducted the investigation. United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Joshua C. Hanks and former Assistant United States Attorney Matthew Davis handled the prosecution.
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Akron Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – An Akron, Ohio man pled guilty to possessing with intent to distribute methamphetamine, heroin, and fentanyl in Huntington last year, announced United States Attorney Mike Stuart. Anton Marcel Jeffries, 25, pled guilty in federal court in Huntington. Stuart commended the investigative efforts of the Huntington Violent Crime & Drug Task Force and the Huntington Police Department.
“Akron has become a particular problem point for West Virginia. We don’t need Akron exporting their problems to our district. More must be done to keep Akron troublemakers in Akron,” said United States Attorney Mike Stuart. “A city that once exported tires, from the Rubber Capital of the world, is now exporting drugs to West Virginia and other great places. It needs to end. Jeffries had 108 grams of meth, 25 grams of heroin and 12 grams of fentanyl. We’re working with our law enforcement partners to get Akron drug dealers out of here and send them to federal prison.”
Jeffries admitted that on September 19, 2018, in an apartment residence at 917 9th Ave. in Huntington, he possessed multiple plastic baggies of what was purported to be methamphetamine, heroin, and fentanyl. After forensic testing, the substances possessed by Jeffries were determined to be approximately 108 grams of methamphetamine, 25 grams of heroin, and 12 grams of fentanyl.
Jeffries faces a minimum mandatory 5 years in prison with a maximum of 40 years when sentenced on December 2, 2019.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Keefe and Monica D. Coleman are handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Akron Drug Trafficker Sentenced to 131 Months in Prison for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, drug trafficker was sentenced to 131 months in prison, announced United States Attorney Mike Stuart. Rodney Lammar Hargrove, 48, previously pled guilty to possession with intent to distribute methamphetamine and carrying a firearm during a drug trafficking crime.
“Another Akron drug dealer on Charleston’s West Side with 20 grams of pure meth, 6 grams of a mixture containing deadly carfentanyl, and a gun,” said United States Attorney Mike Stuart. “A gram of carfentanyl could kill 50,000 people, so we’re very fortunate law enforcement intercepted this deadly mixture. Hargrove will now serve almost 11 years in prison before he can step foot in Akron or Charleston again.”
As established by public court filings and hearings, on February 16, 2018, police were investigating a known drug house on Frame Street in Charleston. The investigators found heroin, needles, and other drug paraphernalia in the house. As they were preparing to leave, Hargrove entered the house. Hargrove admitted that he was carrying a gun, which the investigators retrieved for their safety. The gun was a loaded .22 caliber revolver. Hargrove also gave the investigators permission to retrieve drugs that he was carrying: approximately 20 grams of pure methamphetamine and 6 grams of a mixture containing carfentanyl, a powerful and deadly fentanyl analogue.
Investigators arrested Hargrove and transported him to the police station, where he confessed to investigators that he was a drug dealer. Hargrove explained that he had been receiving about a half-ounce of methamphetamine and 10 grams of heroin at a time for resale in Charleston.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorneys Drew O. Inman and L. Alexander Hamner prosecuted the case.
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Operation Synthetic Opioid Surge (S.O.S.) Defendants Sentenced in Federal CourtRead the Press Release
HUNTINGTON, W.Va. – Three men prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.) were sentenced in federal court in Huntington today, announced United States Attorney Mike Stuart.
“We are prosecuting each and every dealer of deadly opiates like heroin and fentanyl,” said United States Attorney Mike Stuart. “Vigorous enforcement is critically important in our fight against the opioid epidemic and in our efforts to reduce overdose deaths, and our record in this area is tough, tough, tough. Rest assured, we will continue to do our part in this fight.”
In one case, two men from Detroit, Michigan, were sentenced to prison for their role in a federal heroin offense last year. Drevonte Larnielle Patterson, 21, and Christian Vincent Gordon, 22, were each sentenced to 30 months in prison, after both previously pled guilty to possession with intent to distribute heroin. Both were also ordered to serve three years of supervised release upon their release from prison.
Patterson and Gordon previously admitted that on March 15, 2018, officers executed a search warrant at the apartment located at 156 1/2 Sixth Avenue in Huntington. During the search, Patterson and Gordon were found in the bathroom attempting to flush approximately 49 grams of heroin down the toilet. Officers seized the heroin which Patterson and Gordon admitted they intended to distribute. Patterson and Gordon further admitted they distributed heroin from the apartment during the month of March 2018.
Assistant United States Attorney Joseph F. Adams handled the prosecutions.
In a separate case, a Huntington man was sentenced to federal prison for selling fentanyl. Carl Dillow III, 29, was sentenced to 16 months in prison for distribution of fentanyl. Dillow previously admitted that on May 22, 2017, he met a confidential informant at the Adams Landing apartments in Huntington and gave the informant fentanyl in exchange for $70.
Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
The Huntington Police Department conducted the investigations. United States District Judge Robert C. Chambers imposed the sentences.
These cases were prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Operation Mountaineer Highway Update: New Jersey Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A New Jersey man pled guilty today for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. Larry Avery, 37, from New Jersey, and formerly of Beckley, entered his guilty plea to using a communication device to facilitate a drug trafficking offense. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and Oak Hill Police Department.
“500 grams of cocaine,” said United States Attorney Mike Stuart. “Once again, law enforcement does a tremendous job in getting illicit drugs off the streets. Operation Mountaineer Highway was a hugely successful effort in keeping a wide variety of illegal drugs out of our central and southern West Virginia communities.”
Avery admitted that on July 7, 2018, he used a communication device, his cell phone, to facilitate the distribution of over 500 grams of cocaine. Avery admitted that a car registered in his name was stopped by the police. Police obtained a search warrant for that car. During a search of the car, officers found over 500 grams of cocaine hidden in a secret electronic compartment commonly referred to as a trap. Avery further admitted that he knew the cocaine was to be distributed in and around the Southern District of West Virginia.
Avery faces up to 8 years in federal prison and a $500,000.00 fine when he is sentenced on November 15, 2019.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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Detroit Man Pleads Guilty to Selling Fentanyl in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – A Detroit, Michigan man pled guilty to selling fentanyl in Huntington last year, announced United States Attorney Mike Stuart. Mashal Franchuit Thomas, 25, pled guilty to distribution of fentanyl in federal court in Huntington.
“Thomas admitted to distributing up to 400 grams of heroin and fentanyl in Huntington over a period of almost three years,” said United States Attorney Mike Stuart. “Another Detroit drug dealer responsible for wreaking havoc on our people. There’s no doubt that the City of Huntington and surrounding area are much safer as a result of this conviction.”
Thomas admitted that on February 8, 2018, an informant contacted him to purchase heroin. Thomas agreed to meet the informant in the area of 14th Street West in Huntington and, when the informant arrived, Thomas distributed what was purported to be 5 grams of heroin. After forensic testing, the substance distributed by Thomas was discovered to actually be fentanyl, a powerful opiate painkiller.
Thomas further admitted that he was involved in distributing heroin and fentanyl in the Huntington area between July of 2015 and March of 2018, and that he was responsible for the distribution of up to 400 grams of heroin and fentanyl in Huntington during that period.
Thomas faces up to 20 years in prison when sentenced on November 25, 2019.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Charleston Doctor Pleads Guilty to Illegal Distribution of MethadoneRead the Press Release
CHARLESTON, W.Va. – A Charleston doctor who practiced at Neurology & Pain Center, PLLC pled guilty to illegal distribution of controlled substances that were not for legitimate medical purposes, announced United States Attorney Mike Stuart. Muhammed Samer Nasher-Alneam admitted to writing prescriptions in July 2014 for oxycodone and methadone pills that were not within the bounds of professional medical practice or for legitimate medical purposes. Pursuant to his guilty plea, Nasher agreed to permanently surrender both his medical license and DEA registration. He further agreed to never seek reinstatement of a license to practice as a medical doctor in any other state.
“Nasher is now an admitted felon and faces up to ten years - TEN YEARS- in a federal prison. A drug dealer in a lab coat is still just a drug dealer,” said United States Attorney Mike Stuart. “Nasher will never practice medicine again. Ever. Nasher will never write another prescription. Ever. And Nasher will never treat another patient. Ever. We’re cracking down hard across the board - medical professionals, doctors, pharmacists, street dealers and traffickers – in a multi-pronged aggressive approach intended to cut the head off the snake. Medical professionals should take note that if they abuse the prescribing privileges of their profession, and I stress that they are a privilege, my office will prosecute them to the fullest extent of the law and I will seek the maximum sentence in every case.”
Nasher was remanded to the custody of the United States Marshal pending his December 2, 2019 sentencing. Nasher has remained in custody since his arrest on July 27, 2018 - 393 days – as a result of the United States moving to detain him. He faces at least 5 and up to 10 years in prison, as well as a $1 million fine at sentencing. As part of his plea agreement, Nasher agreed to forfeit $149,480.75 in United States Currency and an Acura RDX Sport Utility Vehicle.
The Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Department of Health and Human Services – Office of Inspector General, the Department of Labor – Office of Inspector General, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorneys Alan McGonigal, Jennifer Herrald and Steve Loew, and former Assistant United States Attorneys C. Haley Bunn and Meredith Thomas handled the prosecution.
This case was prosecuted by the Opioid Fraud and Abuse Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis. The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program.
The OFADU falls under the Appalachian Regional Opioid (ARPO) Strike Force which is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the ten U.S. Attorney’s Offices in the region and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee areas, supporting the ten districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including State Medicaid Fraud Control Units.
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Charleston Man Sentenced to Prison on Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 84 months in prison and 3 years of supervised release, announced United States Attorney Mike Stuart. Jackie Harper, 27, of Charleston, previously pled guilty to distribution of methamphetamine and being a felon in possession of a firearm.
“Another convicted felon with a gun dealing meth,” said United States Attorney Mike Stuart. “And another conviction with a significant prison sentence. We will continue to prosecute gun-toting drug dealers to the fullest extent of the law.”
Harper sold methamphetamine to a confidential informant on the following dates: August 21, 2018, August 28, 2018, August 30, 2018, September 10, 2018, September 11, 2018, and September 13, 2018. Harper sold a total of 174.6 grams of methamphetamine for approximately $3,000. On September 19, 2018, the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant and seized a gun on Harper. Harper knew that he was prohibited from possessing a firearm due to his prior felony conviction in Kanawha County Circuit Court for malicious assault.
MDENT and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Christopher R. Arthur handled the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Statement of United States Attorney Mike Stuart on Bureau of Justice Statistics ReportRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Bureau of Justice Statistics report Immigration, Citizenship, and the Federal Justice System, 1998-2018:
“A remarkable statistic -- 64% of all federal arrests last year were of non-U.S. citizens. It is a significant drain of federal taxpayer funds to prosecute those that are not taxpayers and those who are not citizens of this great country. Non-U.S. citizen arrests are increasing at a dramatic and concerning pace. It is important that within our national borders and within my district that we continue to ensure public safety by ensuring everyone who is here is here legally and legitimately. My office regularly and consistently prosecutes illegal reentry cases and we will continue to do so. I want to thank all of our federal, state and local partners across the nation including the remarkable work by the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE) for their courageous work to protect our citizens and the public.”
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FOR IMMEDIATE RELEASECONTACT: TANNYR WATKINS, 202-532-3923THURSDAY, AUG. 22, 2019[email protected]64% OF ALL FEDERAL ARRESTS IN 2018 WERE OF NON-U.S. CITIZENSWASHINGTON—In 2018, 64% of all federal arrests were of non-U.S. citizens, the Bureau of Justice Statistics announced today. In comparison, 37% of all federal arrests in 1998 were of non-U.S. citizens. Federal arrests of non-U.S. citizens more than tripled from 1998 to 2018 (rising 234%), while federal arrests of U.S. citizens rose 10%.
While non-U.S. citizens make up 7% of the U.S. population (per the U.S. Census Bureau for 2017), they accounted for 15% of all federal arrests and 15% of prosecutions in U.S. district court for non-immigration crimes in 2018. Non-U.S. citizens accounted for 24% of all federal drug arrests and 25% of all federal property arrests, including 28% of all federal fraud arrests.
The country of citizenship of persons arrested by federal law enforcement changed notably over time. From 1998 to 2018, Mexican citizens’ share of federal arrests rose from 28% to 40%. Citizens of Central American countries’ share of federal arrests rose from 1% to 20% during the same period, while U.S. citizens’ share of federal arrests fell from 63% to 36%. Federal arrests of Central Americans rose more than 30-fold over two decades, from 1,171 in 1998 to 39,858 in 2018. The number of federal arrests of Mexican citizens (78,062) exceeded the number of federal arrests of U.S. citizens (70,542) in 2018.
From 1998 to 2018, the portion of all federal arrests that took place in the five federal judicial districts along the U.S.-Mexico border (out of 94 judicial districts nationwide) almost doubled, increasing from 33% to 65%. These five judicial districts are the Southern District of California, the District of Arizona, the District of New Mexico, the Western District of Texas, and the Southern District of Texas. In 2018, a quarter of all federal drug arrests took place in these five districts. The number of Central Americans arrested in these five districts almost tripled in one year, rising from 13,549 in 2017 to 37,590 in 2018.
Across 20 years, 95% of the increase in federal arrests was due to immigration crimes. From 1998 to 2018, federal immigration arrests increased 5-fold (from 20,942 to 108,667), rising more than 50,000 in one year from 2017 to 2018. In 2018, 90% of suspects arrested for federal immigration crimes were male, while 10% were female. Eighty-five percent of federal arrests of non-U.S. citizens in 2018 were for immigration offenses, and another 5% of arrests were immigration-related.
Of suspects prosecuted in U.S. district court in 2018, 57% were U.S. citizens and 43% were non-U.S. citizens. Almost all (99.7%) of the non-citizens prosecuted in U.S. district court were prosecuted for something other than first-time illegal entry.
The five crime types for which non-U.S. citizens were most likely to be prosecuted in U.S. district court were illegal reentry (72% of prosecutions), drugs (13%), fraud (4.5%), alien smuggling (4%), and misuse of visas (2%). The five crime types for which U.S. citizens were most likely to be prosecuted in U.S. district court were drugs (38% of prosecutions), weapons (21%), fraud (12%), public order (12%), and alien smuggling (6%).
The report Immigration, Citizenship, and the Federal Justice System, 1998-2018 (NCJ 253116), was written by BJS statistician Mark Motivans. The report, related documents and additional information about BJS’s statistical publications and programs are available on the BJS website at www.bjs.gov.
The Bureau of Justice Statistics of the U.S. Department of Justice is the principal federal agency responsible for collecting, analyzing and disseminating reliable statistics on crime and criminal justice in the United States. Jeffrey H. Anderson is the director.
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About the Office of Justice Programs
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine Sullivan, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
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Beckley Man Sentenced to Federal Prison for Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced to federal prison for illegally possessing a firearm, announced United States Attorney Mike Stuart. Turner Williams, 28, was sentenced to 30 months in prison, to be followed by a three year term of supervised release, for being a felon in possession of a firearm.
Williams previously admitted that on January 9, 2018, agents with the Alcohol, Tobacco, Firearms, and Explosives (ATF), with the assistance of a confidential informant, conducted a controlled purchase of firearms. During the controlled purchase, Williams admitted that he retrieved two guns from another location and returned to the site of the controlled purchase and delivered a Taurus, PT111, 9mm semi-automatic pistol to the confidential informant working with the ATF. At the sentencing hearing it was established that Williams was subject to an increased sentence due to one of the firearms containing a high capacity magazine which held 35 rounds of ammunition. He admitted that knew he was not supposed to possess any firearms because he was a convicted felon. Williams was prohibited from possessing any firearm under federal law because he was previously convicted in 2013 in Raleigh County Circuit Court of the felony offense of Wanton Endangerment with a Firearm.
The ATF, the Beckley Police Department, and the Beckley/Raleigh County Drug Task Force conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Project Parkersburg Update: Two Men Plead Guilty to Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – Two Project Parkersburg defendants pled guilty to federal methamphetamine charges, announced United States Attorney Mike Stuart. Todd Land, 41, of Phoenix, Arizona pled guilty to conspiracy to distribute more than 500 grams of methamphetamine. Marshall Polan, 31, of Parkersburg, pled guilty to conspiracy to distribute a quantity of methamphetamine.
“As a result of Project Parkersburg, we seized 121 pounds of ICE methamphetamine and significant amounts of a smorgasbord of other drugs,” said United States Attorney Mike Stuart. “We’ve shuttered this drug trafficking organization and we’re holding drug dealers like Land and Polan accountable.”
Land admitted that he facilitated a transaction between Parkersburg methamphetamine dealers and an individual in Phoenix, Arizona to transport a large drug shipment from Arizona to Dayton, Ohio where the drugs were to be divided for distribution in Dayton and in Parkersburg. When the shipment was delayed, Land traveled to Dayton where he mediated a dispute between the transporter and the methamphetamine dealers. On September 19, 2018, police intercepted the shipment during a traffic stop of the transporter, Troy Pastorino. The shipment contained 121 pounds of pure methamphetamine and approximately 6 kilograms (13.2 pounds) of cocaine.
Polan admitted that he was a member of the conspiracy whose role was to sell methamphetamine to users in the Parkersburg area.
Land faces 10 years to life in prison and Polan faces up to 20 years in prison when they are sentenced on December 4, 2019. Pastorino pled guilty in February 2019 and also faces 10 years to life in federal prison when he is sentenced on January 23, 2020.
Land and Polan were prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Police Department, the Parkersburg Narcotics and Violent Crimes Task Force as well as assistance from the Arizona Department of Public Safety. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, the seizure of 121 pounds of ICE methamphetamine, 6 kilograms of cocaine, 217 grams of heroin, and 290 grams of fentanyl.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua Hanks is handling the prosecution.
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Federal Jury Convicts Michigan Man of Impersonating an Assistant United States AttorneyRead the Press Release
CHARLESTON, W.Va. – A federal jury found a Michigan man guilty today on charges of impersonating an Assistant United States Attorney. After a two-day trial, the jury convicted Joseph Ziegler, 55, on two counts of impersonating a federal officer or employee.
According to court records and evidence presented at trial, in April 2019, in an attempt to avoid an arrest or charge for Driving Under the Influence (DUI), Ziegler told Deputies with the Clay County Sheriff’s Office and Clay County Prosecuting Attorney Jim Samples that he was a U.S. Attorney on assignment by Mike Stuart. Ziegler also told towing company employees that he was a Federal Prosecutor and would prosecute the towing company if the company did not return the vehicle Ziegler was driving, despite Ziegler not having any proof of ownership.
“Clearly not the type of person that could ever work for me. First - not smart. Second - an absolute fraudster. Finally - an absolute fake,” said United States Attorney Mike Stuart. “Impersonating a federal officer is a serious offense that we will prosecute every time. It can be potentially dangerous to the public and we will not tolerate it. If you want to work for me, you need to work hard, study hard, get awesome grades and be prepared to work even harder. My team doesn’t fake its way through. It is the best and toughest United States Attorney’s Office in the nation. I want to thank Clay County Prosecuting Attorney Jim Samples and the Clay County Sheriff’s Office for their work in this case. I commend the work of Stefan Hasselblad and Monica Coleman, the real Assistant United States Attorneys on assignment by me, as well as the rest of our trial team.”
Ziegler faces 3 years in prison when sentenced on December 2, 2019.
The Clay County Sheriff’s Office conducted the investigation. Assistant United States Attorneys Stefan Hasselblad and Monica Coleman prosecuted the case. Senior United States District Judge David A. Faber presided over the trial.
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Kentucky Man Pleads Guilty to Traveling to Have Sex with a MinorRead the Press Release
HUNTINGTON, W.Va. – A South Shore, Kentucky man pled guilty to a sex offense involving a minor, announced United States Attorney Mike Stuart. Charles Wayne Logan, 39, pled guilty to traveling in interstate commerce with the intent to engage in illicit sexual activity with a minor.
“Parents please monitor the online activity of your children,” said United States Attorney Mike Stuart. “There are far too many people like Logan surfing the net and utilizing popular cell phone applications to entice and exploit our children. We must work together to keep our children safe from predators.”
Logan admitted that he began communicating via a cell phone application with a person he believed to be a 14-year-old female on January 10, 2019. The conversations were sexual in nature and involved Logan telling the minor he planned to engage in sexual intercourse with her when they met in person. Logan also sent the purported minor a video depicting himself masturbating. On January 14, 2019, Logan, a long-haul truck driver, arranged to meet with the purported minor at a location in Huntington after he drove back to Kentucky from Indiana. When Logan arrived at the meeting location, he was placed under arrest.
Pursuant to the terms of his plea agreement, Logan faces eight years in prison when sentenced on November 25, 2019. Upon release from prison, Logan will be required to serve a term of supervised release of fifteen years and will also be required to register as a sex offender.
The FBI Violent Crimes Against Children Task Force and the West Virginia States Police Internet Crimes Against Children Task Force conducted the investigation. United States District Judge Robert C. Chambers 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.
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Huntington Man Sentenced to 102 Months in Prison on Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – An armed methamphetamine trafficker was sentenced to 102 months in prison, announced United States Attorney Mike Stuart. Brandon Douglas Tomblin, 36, of Huntington, previously pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.
“We don’t want armed meth dealers on our streets,” said United States Attorney Mike Stuart. “So we’re doing are best to put them behind bars for as long as possible.”
On July 29, 2018, an officer with the Huntington Police Department was on patrol along 15th Street in Huntington when he initiated a traffic stop on a vehicle driven by Tomblin for nearly hitting a parked car. Subsequent to Tomblin’s arrest, the officer located approximately 22 grams of a white crystal like substance believed to be methamphetamine. On August 4, 2018, an officer with the Huntington Police Department responded to 401 Bridge Street in Huntington for report of a suspicious person. The officer detained the individual who was identified as Tomblin, at which time the officer observed a gun nearby, specifically a .357 Sig Sauer pistol. The officer also located drugs on Tomblin’s person in an amount consistent with drug trafficking.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Retired Cabell County Deputy Sheriff and Son Indicted on Drug and Gun ChargesRead the Press Release
1.2 Kilos of Fentanyl Seized
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that a federal grand jury sitting in Huntington has returned a six count superseding indictment charging Steven Dale McCallister, 45, and his father, Larry McCallister, 76, a retired Cabell County Deputy Sheriff, with various drug and gun crimes. Steven Dale McCallister was arrested on June 12, 2019, at the McCallister home in Barboursville following the execution of a search warrant on the residence. During the search, law enforcement officers seized approximately 1.2 kilograms of fentanyl, 300 grams of methamphetamine, over $8,000 in cash, $4,000 of which was from an earlier undercover purchase of fentanyl. A Smith and Wesson, Model 686, .357 revolver was also seized. Larry McCallister was at home and present during the search.
The superseding indictment charges Steven McCallister with distribution of fentanyl, possession with intent to distribute 400 grams or more of fentanyl, possession with intent to distribute 50 grams or more of methamphetamine, possession of a firearm in furtherance of drug trafficking and felon in possession of a firearm. If convicted on all counts, he faces a sentence of 10 years to life in prison. The indictment also seeks forfeiture of approximately $4,040 in U.S. Currency, the seized firearm and a 2007 Cadillac.
Larry McCallister is charged in the superseding indictment with maintaining a drug-involved premises and aiding and abetting the possession with intent to distribute methamphetamine. If convicted on all charges, he faces a sentence of 5 to 40 years in prison.
“This is a significant case on many levels and a substantial event for the greater Huntington region,” said United States Attorney Mike Stuart. “Had the fentanyl in this case hit the streets, potentially more than 750,000 people could have lost their lives to overdose. Massive quantities of fentanyl. Massive quantities of methamphetamine. And a gun. All of this incredibly heinous activity was based out of a normal house on a normal street in Barboursville. There was nothing special about this house in this typical neighborhood, in this All-American town, except that it was a haven for the poisons of death and the home of a retired Cabell County Deputy Sheriff.”
The investigation was conducted by members of the Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Department of Homeland Security – Homeland Security Investigations (HSI), the Violent Crime and Drug Task Force West and the West Virginia State Police. Assistant United States Attorney R. Gregory McVey is prosecuting the case.
Please note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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MEDIA ADVISORY: United States Attorney Mike Stuart to Hold Press Conference Today in Huntington Regarding IndictmentRead the Press Release
CHARLESTON, W.Va. –Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference in Huntington today -- Thursday, August 15, 2019 at 4:00 p.m. -- regarding an indictment.
Where: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV
When: Thursday, August 15, 2019 @ 4:00 p.m.
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St. Albans Man Pleads Guilty to Gun CrimeRead the Press Release
CHARLESTON, W.Va. -- A St. Albans man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Gary Scott, 35, entered a guilty plea to being a felon in possession of a firearm before United States District Court Judge Joseph R. Goodwin. Stuart commended the investigation conducted by the St. Albans Police Department.
According to his plea agreement, Scott admitted that on April 23, 2019, he was driving a vehicle in St. Albans under the influence of narcotics. St. Albans Police Officers responded to the area where the defendant was driving and located his parked vehicle in a parking lot. Officers eventually located Scott in a nearby alley. Scott admitted to the officers that he had marijuana on his person. During a search of Scott, officers located syringes, marijuana, Alprazolam, heroin, and methamphetamine. Officers detained Scott and transported him back to his vehicle. Upon arriving at the vehicle, Scott informed an officer that he had a firearm in the car and that he knew he was not allowed to possess firearms. Officers recovered a loaded .357 Brazteck revolver in the glove box of the vehicle. Scott had previously been convicted of Attempted First Degree Robbery in Kanawha County Circuit Court.
Scott faces up to 10 years in prison when he is sentenced on November 6, 2019. Assistant United States Attorney Monica D. Coleman is handling the prosecution.
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South Charleston Meth Dealer Sentenced to 12 Years in PrisonRead the Press Release
CHARLESTON, W.Va. – A prolific South Charleston methamphetamine trafficker was sentenced to 12 years in prison, announced United States Attorney Mike Stuart. Mary Haynes, 38, previously pled guilty to distribution of methamphetamine.
“If you deal meth, we’re going to push for the longest sentences possible. Haynes and her co-defendant will be spending 12 and 14 years in federal prison, respectively,” said United States Attorney Mike Stuart. “We’re making our communities safer by putting drug dealers behind bars for as long as possible.”
As established by public court filings and hearings, on April 4, 2017, police investigators used a confidential informant to purchase a quarter ounce of pure methamphetamine from Haynes in South Charleston. Haynes’ co-defendant, Jason Haddox, supplied Haynes with the methamphetamine.
On April 7, 2017, investigators executed a search warrant on the house Haynes and Haddox shared in South Charleston. The investigators found around two ounces of pure methamphetamine, drug paraphernalia, and thousands of dollars of drug trafficking proceeds throughout the house. Haynes told an investigator on-scene that she had trafficked around 20 ounces of methamphetamine per month in the past.
Haddox was previously sentenced to 14 years in federal prison. United States District Judge Irene C. Berger imposed both sentences. The Metropolitan Drug Enforcement Network Team (MDENT), the Nitro Police Department, the Lincoln County Sheriff’s Department, the South Charleston Police Department, and the Drug Enforcement Administration (DEA) investigated the case. The cases were prosecuted by former Assistant United States Attorney Gabe Wohl and Assistant United States Attorney Drew O. Inman.
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Meth Trafficker Gets over 20 Years in Prison for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A dangerous methamphetamine trafficker was sentenced to 20 years and 6 months in prison, announced United States Attorney Mike Stuart. Bruce Lee Boardman, 38, previously pled guilty to possession with intent to distribute methamphetamine and carrying a firearm during a drug trafficking crime
“A sentence of over 20 years and Boardman had an extensive history of violence. Since I became United States Attorney, the average length of sentence has more than doubled. We are tough on those involved in drug and gun crimes,” said United States Attorney Mike Stuart. “Boardman was a violent meth dealer that earned every year and month of his prison sentence.”
As established by public court filings and hearings, on June 30, 2017, police in Nitro, West Virginia, stopped Boardman for driving his truck erratically. Boardman had a revoked license because of a previous DUI conviction. Due to an odor of marijuana, officers searched Boardman’s truck and found marijuana, almost 50 grams of methamphetamine, and a digital scale. Officers also found two loaded pistols under the driver’s and passenger’s seats.
On December 12, 2017, police investigators used a confidential informant to purchase methamphetamine from Shaine Ray Dingess at a house in Nellis, West Virginia. The informant’s hidden camera captured Boardman inside the home supplying Dingess with approximately a quarter ounce of methamphetamine. During the drug transaction, Boardman was holding a pistol in his hand.
The United States argued that Boardman’s extensive criminal history included many convictions for dangerous and violent crimes, justifying a lengthy sentence.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorneys R. Gregory McVey and Drew O. Inman prosecuted the case.
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Mercer County Woman Sentenced for Theft of Social Security Income MoneyRead the Press Release
Defendant fraudulently obtained over $77,000 dollars in benefits
BLUEFIELD, W.Va. – Kimberly Hall was sentenced to federal prison for one year and a day for the felony offense of fraudulently obtaining Social Security income benefits, announced United States Attorney Mike Stuart. Hall, 43, of Bluefield, previously entered a guilty plea on March 21, 2019. She was ordered to pay restitution back to the United States Treasury in the amount of $77,717 and will be placed on supervised release for three years after she discharges her prison sentence. Stuart praised the work of the Social Security Administration (SSA) and SSA-Office of Inspector General (OIG).
“A despicable, heinous, selfish crime. Social Security benefits are critical for so many West Virginia families,” said United States Attorney Mike Stuart. “We’re not going to tolerate anyone stealing from this or any other federal benefits program.”
Hall applied for Title II Social Security benefits in 2007 and to be a representative payee for a minor child. These Social Security benefits are based on income and living arrangements and create a duty to report a change in income or living arrangements. From 2011 to 2016, the minor child no longer resided in Hall’s home. Hall did not report this change in living arrangements, which would have lowered the amount of money she was receiving each month. Rather, Hall indicated that the minor child resided at her home when the child no longer resided with her. From August 2011 through September 2016, Hall received $77,717 of Social Security benefits in excess of the amount she was due. On November 9, 2016, Hall gave a false statement to a SSA claims representative concerning the minor child. SSA-OIG investigators investigated the claims and Hall admitted to them that the she had given false statements and that the minor child no longer resided at her home. She also knew that she was receiving money that she was not entitled to receive.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
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Lincoln County Man Pleads Guilty to Possessing Unregistered Sawed Off ShotgunRead the Press Release
CHARLESTON, W.Va. – A Hamlin, West Virginia man pled guilty to being in possession of a sawed off shotgun that was not registered with the National Firearms Registration and Transfer Record, announced United States Attorney Mike Stuart. Jeffery Turley admitted that on March 17, 2018, he was in possession of a sawed off shotgun that was not registered.
Turley faces up to 10 years in prison when sentenced on November 30, 2019.
The Lincoln County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. United States District Judge Berger presided over the hearing. Assistant United States Attorney Christopher R. Arthur is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Kanawha County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man was convicted of a federal drug crime, announced United States Attorney Mike Stuart. Shyqwon Carter, 21, of Charleston, pled guilty to possession with intent to distribute marijuana. Stuart commended the investigation conducted by the Charleston Police Department and the Metropolitan Drug Enforcement Network Team (MDENT).
“Marijuana, meth, guns and cash,” said United States Attorney Mike Stuart. “If you are distributing illegal drugs, whether it’s marijuana, meth, heroin, or any other controlled substance, we will prosecute you.”
Carter resided with family in Charleston, West Virginia. On May 17, 2018, MDENT detectives arrived at this residence to execute an arrest warrant issued by Kanawha County Circuit Court for Carter’s arrest. Detectives were given permission to search the home by a family member. Officers recovered two loaded .40 caliber Glock handguns, one of which was stolen, over 100 grams of marijuana, several baggies of marijuana, methamphetamine, and digital scales. Over $4,000 cash was found in Carter’s pants pocket. Detectives believed there to be additional marijuana in the area and ultimately obtained a search warrant for an abandoned vehicle outside of Carter’s home. Inside the car, detectives seized additional marijuana, two more loaded firearms, and ammunition. In all, MDENT officers recovered over 10 pounds of marijuana that Carter intended for distribution.
Carter is facing up to 5 years in prison and a fine of up to $250,000 when he is sentenced on November 12, 2019. Assistant United States Attorney L. Alexander Hamner is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the hearing.
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Greenbrier County Man Sentenced to Five Years on Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Ronald Collins, 39, of Greenbrier County, was sentenced to 60 months in prison for federal gun crimes, announced United States Attorney Mike Stuart. The sentence was an upward departure from the U.S. Sentencing Guidelines. The Court found that Collins obstructed justice when he assaulted his former counsel. Further, the Court found that an upward departure was warranted because of the defendant’s violent ideations, threatening behavior and lack of respect for law enforcement.
“Another upward departure from the federal sentencing guidelines granted by the Court at my request. This is the second request for an upward departure granted in the past two weeks based on the gravity of the offense. I will continue to seek upward departures where the circumstances warrant,” said United States Attorney Mike Stuart. “Prosecution of cases like this are important. By enforcing federal gun laws, we keep guns out of the wrong hands.”
In March 2019, a federal jury convicted Collins of making a false and fictitious written statement on an ATF Form 4473 in order to acquire a firearm and of being in possession of a firearm after being committed to a mental institution. In January 2018, Collins lied on ATF form 4473, indicating that he had never been committed to a mental institution, and thereafter purchased a firearm. Collins posted several videos of himself with the firearm on social media, including one of him shooting the firearm, which were shown to the jury.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the West Virginia State Police conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Steve Loew and Alex Hamner handled the prosecution.
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Two Charleston Men Plead Guilty to Distributing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – Two Charleston men pled guilty to federal drug trafficking offenses, announced United States Attorney Mike Stuart. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearings.
“Law enforcement intercepted a pound of pure meth in this case,” said United States Attorney Mike Stuart. “I commend law enforcement for their work in this case that prevented further distribution of this powerful drug.”
Christian Ryan Bowles, 27, pled guilty to possessing methamphetamine with intent to distribute methamphetamine. Public court hearings and Bowles’ plea agreement established that on August 2, 2018, Bowles brought mason jars containing about a pound of pure methamphetamine to Randall Lee Patton’s house on Garrison Avenue in Charleston. Bowles supplied Patton with 34 grams of the methamphetamine. Patton then had his neighbor, George Ray Breckenridge, transport the 34 grams of methamphetamine to a confidential police informant at the Dunbar Plaza Hotel. Police investigators conducting surveillance saw Bowles place the mason jars in the woods behind his house, where they were recovered. Bowles faces up to life in federal prison when he is sentenced on November 13, 2019.
George Ray Breckenridge, 41, pled guilty to distribution of methamphetamine. Court hearings and public filings established that, on August 2, 2018, Breckenridge, working with two other drug traffickers, traveled from his house on Garrison Avenue in Charleston to the Dunbar Plaza Hotel, where he delivered 34 grams of pure methamphetamine to a police confidential informant. Police investigators tried to initiate a traffic stop on Breckenridge’s car as he drove back home from the hotel. Breckenridge then took off back to his house on Garrison Avenue, where he fled on foot into the woods. Investigators arrested Breckenridge minutes later. Breckenridge faces a mandatory minimum ten years and up to life in federal prison when he is sentenced on November 14, 2019.
The Metropolitan Drug Enforcement Network Team (MDENT), Nitro Police Department, Charleston Police Department, South Charleston Police Department, Kanawha County Sheriff’s Department, and the Drug Enforcement Administration (DEA) conducted the investigation. Assistant United States Attorney Drew O. Inman is handling the prosecutions.
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Operation Mountaineer Highway Update: Fayette County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Fayette County man pled guilty for his participation in a drug trafficking organization (DTO) in Fayette County, announced United States Attorney Mike Stuart. Ryan Johnson, 37, of Oak Hill, Fayette County, entered his guilty plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone. The Drug Enforcement Administration and the Central West Virginia Drug Task Force conducted the investigation with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Johnson is the tenth defendant convicted as a result of Operation Mountaineer Highway,” said United States Attorney Mike Stuart. “This exemplary operation conducted by law enforcement dismantled a significant DTO and, no doubt, saved lives.”
Johnson admitted that between October 2017 and September 2018, he worked with other members of a DTO operating between Fayette County, West Virginia and New Jersey to distribute heroin and oxycodone pills. Johnson admitted to selling oxycodone and heroin to a confidential informant working with law enforcement on two separate occasions. He further admitted that he was supplied with drugs by other members of the DTO that transported the drugs from New Jersey to Fayette County, West Virginia. Johnson also admitted to sending approximately $21,000 to his suppliers in New Jersey as payment for controlled substances. The controlled substances he obtained from New Jersey were re-distributed to other members of the DTO in Fayette County. Johnson admitted that he knew it was the plan to distribute the oxycodone and heroin in the Southern District of West Virginia.
Johnson faces a mandatory minimum sentence of not less than 5 years and up to 40 years in federal prison and a $5,000,000 fine when he is sentenced on November 12, 2019.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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Mingo County Man Sentenced for Federal Firearm OffenseRead the Press Release
CHARLESTON, W.Va. – Jay James Field, of Mingo County, was sentenced to 18 months in prison for being a felon in possession of a firearm, said United States Attorney Mike Stuart. Stuart commended the investigative efforts of the Logan County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On November 3, 2017, Logan County 911 Dispatch received a call regarding two suspicious individuals who left a known drug house. A Logan County Sheriff’s Deputy proceeded to the area, and identified the two individuals described by 911. The Deputy tried to speak to Fields who fled on foot with a gun in his hand. The Deputy retrieved the gun after Fields discarded it during chase. United States Marshals soon apprehended Fields.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Chris Arthur handled the prosecution.
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Jackson County Man Pleads Guilty to Federal Drug and Firearm OffensesRead the Press Release
CHARLESTON, W.Va. – A Jackson County man plead guilty to federal drug and firearm offenses, announced United States Attorney Mike Stuart. Christopher Spaulding, 47, pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking before Senior United States District Judge David A. Faber. Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Jackson County Sheriff’s Office.
“Spaulding wanted to trade meth for a firearm and then he attempted to obstruct justice,” said United States Attorney Mike Stuart. “Two horrible wrongs don’t make a right – it just lands you in federal prison.”
Spaulding admitted that on December 19, 2018, in the Walmart parking lot in Ripley, West Virginia, he took possession of a firearm from a cooperating witness. At that time, Spaulding was in possession of methamphetamine and intended to trade the methamphetamine for the firearm. Spaulding further admitted that he made calls from the jail to ask individuals to approach the cooperating witness in an effort to get the witness to change their story.
Spaulding faces a minimum of five years and up to life in federal prison when he is sentenced on December 16, 2019. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Former Corrections Officer Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A former corrections officer pled guilty to a federal drug trafficking offense today, announced United States Attorney Mike Stuart. John Edward Roach, II, 47, pled guilty to possession with intent to distribute methamphetamine before United States District Judge Joseph R. Goodwin. Stuart commended the investigation conducted by the Drug Enforcement Administration (DEA), the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the St. Albans Police Department, and the Boone County Sheriff’s Office conducted the investigation.
“Roach abused his position as a Corrections Officer to deal meth inside the jail,” said United States Attorney Mike Stuart. “Instead of upholding the law, he broke the law. We are holding him accountable for this total breach of public trust.”
According to public court filings and other documents, an inmate at the South Central Regional Jail paid Roach $2,000 to smuggle contraband into the jail in early April 2019. Police investigators then arranged a sting operation, where undercover agents posed as a drug traffickers attempting to smuggle methamphetamine into the jail. On April 11, 2019, Roach met with an undercover agent and received $2,000 payment and four ounces of methamphetamine. Investigators arrested Roach before he could transport the methamphetamine to the jail.
Roach faces up to 40 years in federal prison when he is sentenced on November 6, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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Five Defendants Plead Guilty in Federal Court to Traveling to Have Sex with MinorsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that five different defendants appeared in federal court during the past week to plead guilty to traveling in interstate commerce for the purpose of having sex with a minor.
“These are heinous crimes that prey on our most vulnerable,” said United States Attorney Mike Stuart. “The five convictions obtained within just the last week demonstrate the high volume of these cases that we prosecute. We are working tirelessly with our federal, state and local law enforcement partners to protect our children from predators.”
On August 5, 2019, Bruce Ward, 34, of Huntington, West Virginia, pled guilty before United States District Judge Robert C. Chambers to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Ward admitted that during January 2019 he communicated via a social messaging application and text message with a minor he believed to be a 15-year-old girl in Huntington, West Virginia. During the conversations, Ward discussed arranging for the minor to meet him in order to engage in sexual intercourse. In late January 2019, Ward traveled from South Point, Ohio, to Huntington, West Virginia, to meet the purported minor to engage in sexual activity. Ward faces up to 30 years in federal prison when he is sentenced on November 18, 2019.
On August 7, 2019, Gary Wayne Lilly, 39, of Josephine, Raleigh County, West Virginia, pled guilty before United States District Judge Irene C. Berger to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Lilly admitted that beginning in late May 2019 he communicated via a social messaging application and telephone with a minor he believed to be a 13-year-old girl in Bluefield. During the conversations, Lilly discussed meeting the minor female to engage in oral sex and sexual intercourse. On June 1, 2019, Lilly traveled from Josephine, West Virginia, to Bluefield, Virginia, to meet the purported 13-year-old minor. Lilly stopped in Princeton on his way to Bluefield in order to purchase condoms. Lilly faces up to 30 years in federal prison when he is sentenced on November 13, 2019.
On August 8, 2019, Johnathan Matthew Taylor, 24, of Chesapeake, Ohio, pled guilty before United States District Judge Irene C. Berger to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Taylor admitted that on June 1, 2019, he communicated via a social messaging application with a minor he believed to be a 15-year-old girl he understood to be located in Bluefield, West Virginia. Despite knowing her age, Taylor discussed traveling to Bluefield from Ohio to meet the minor to engage in sexual intercourse, but the plans were canceled by the purported minor due to the late hour at which he would arrive. Two days later, on June 3, 2019, Taylor arranged to meet the minor female in Saint Albans, Kanawha County, West Virginia, in order to engage in sexual intercourse. On that same date he traveled from Chesapeake, Ohio to West Virginia, where he purchased condoms before arriving at the location to meet the purported 15-year-old female. Taylor faces up to 30 years in federal prison when he is sentenced on January 23, 2020.
On August 12, 2019, Kevin Lee Boston, 58, of Woodsfield, Ohio, pled guilty before United States District Judge Joseph R. Goodwin to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Boston admitted that from on May 31, 2019 through June 5, 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 Parkersburg, West Virginia. Despite knowing her age, Boston discussed traveling to Parkersburg from Ohio to meet the minor to engage in sexual intercourse. On June 5, 2019, Boston traveled from Woodsfield, Ohio to an arranged meeting location in Parkersburg in order to engage in sexual intercourse with the purported 14-year-old girl. Boston faces up to 30 years in federal prison when he is sentenced on November 4, 2019.
Also on August 12, 2019, Ryan Scott Kibble, 33, of Parkersburg, West Virginia, pled guilty before Senior United States District Judge David A. Faber to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Kibble admitted that on March 1, 2019, he began communicating via a social messaging application and text messages with a minor he believed to be a 14-year-old girl located in Parkersburg, West Virginia. Despite knowing her age, Kibble discussed meeting the minor to engage in sexual intercourse. On the evening of March 1, 2019, Kibble also spoke with the purported minor on the phone, further discussing plans to meet the next day in Parkersburg in order to engage in oral sex and sexual intercourse with the minor in his vehicle. On March 2, 2019, Kibble traveled from his work in Belpre, Ohio to an arranged meeting location in Parkersburg in order to engage in sexual intercourse with the purported 14-year-old girl. Per the terms of his plea agreement, Kibble will be sentenced to between 46 and 78 months in prison when he is sentenced on December 16, 2019.
Upon release from prison, all five defendants will be required to serve a term of supervised release of at least five years and up to life. They will also be required to register as sex offenders. The investigations were all conducted by the FBI Violent Crimes Against Children Task Force and the West Virginia States Police Internet Crimes Against Children Task Force, with additional assistance from the Kanawha County Sheriff’s Office, the Parkersburg Police Department, and the Mercer County Sheriff’s Office. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions.
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.
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Charleston Man Sentenced for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 52 months in prison for a federal drug crime, announced United States Attorney Mike Stuart. Steven Craig Coleman, 31, previously pled guilty to possession with intent to distribute heroin. Stuart commended the investigation conducted by the Charleston Police Department, South Charleston Police Department, and Metropolitan Drug Enforcement Network Team (MDENT).
“Tragic,” said United States Attorney Mike Stuart. “Coleman, who has a 2016 involuntary manslaughter conviction for distributing heroin to a woman who suffered a fatal overdose, was at it again. Too many West Virginians have lost their lives because of these deadly drugs and poison peddlers like Coleman.”
As established by public court filings and hearings, in July 2017, police investigators learned from a confidential source that Coleman was selling several ounces of heroin from his house on 7th Avenue in Charleston. On July 20, 2017, Coleman sold a confidential informant a substance containing fentanyl. A week later, investigators executed a search warrant at Coleman’s house, where they found several thousand dollars in drug proceeds and over 30 grams of methamphetamine outside of an open window near Coleman.
On August 8, 2018, police again met Coleman at his house and he gave them permission to search his room. Coleman directed an investigator to where he was hiding his drugs. Police ultimately found close to 10 grams of drug mixtures containing heroin, fentanyl, and acetyl fentanyl, a deadly fentanyl analogue. Coleman was previously convicted for involuntary manslaughter in 2016 for distributing heroin to a woman, causing a fatal overdose.
Senior United States District Judge David A. Faber imposed the sentence. This case was prosecuted by Assistant United States Attorney Drew O. Inman.
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Second Former Postal Employee Pleads Guilty to Federal Marijuana ChargeRead the Press Release
HUNTINGTON, W.Va. – A second former postal employee who helped deliver marijuana which was mailed from California to Huntington over a period of several years pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Michael Mason Morton, 54, entered a guilty plea to distribution of marijuana in federal court in Huntington. Stuart commended the investigative efforts of the United States Postal Service Office of Inspector General, the United States Postal Inspection Service, and the West Virginia State Police – Violent Crime and Drug Task Force West.
“Yet another postal employee turned drug dealer,” said United States Attorney Mike Stuart. “The postal employees engaged in this scheme abused their positions, turning postal delivery routes into drug trafficking routes. This was an incredibly egregious, long-term drug networking scheme operating from California to West Virginia. Those involved will be held accountable.”
On March 15, 2018, agents located two parcels containing marijuana at the Huntington Post Office which had been mailed from California. Agents observed Morton load the parcels into his postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington. At that location, Morton provided the parcels to James Waylon Molinaro who arrived in a separate vehicle. A Trooper with the West Virginia State Police subsequently conducted a traffic stop of Molinaro’s vehicle in the 1000 block of 9th Street in Huntington and recovered the parcels. The parcels were found to contain a total of 16 pounds of marijuana.
As part of his plea, Morton admitted that, between 2015 and March of 2018, he conspired with Molinaro, Chris Crookshanks, and others to distribute marijuana in the Huntington area. During the conspiracy, Molinaro acquired marijuana in California and arranged for it to be shipped through the United States mail from California to Huntington. Once the parcels containing marijuana arrived in Huntington, Molinaro paid multiple postal employees, including Morton and Crookshanks who were letter carriers with the postal service, to deliver the parcels on their assigned delivery routes or to meet Molinaro at other locations to provide the parcels to him. Morton admitted that he was responsible for the delivery of up to 80 kilograms of marijuana during his participation in the conspiracy.
Molinaro pled guilty on August 1, 2019, to possession with intent to distribute marijuana based on his involvement in the conspiracy. Molinaro also pled guilty to prohibited possession of a firearm by a convicted felon stemming from an unrelated investigation and is scheduled to be sentenced on November 4, 2019. Crookshanks pled guilty on August 5, 2019, to conspiracy to distribute marijuana and is also scheduled to be sentenced on November 4, 2019.
Morton faces up to 5 years in federal prison when he is sentenced on November 4, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecutions. The plea hearing was held before United States District Judge Robert C. Chambers.
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Operation Mountaineer Highway Update: Two New Jersey Men Plead Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – Two New Jersey men pled guilty today for their participation in a drug trafficking organization (DTO) in Fayette County, announced United States Attorney Mike Stuart. Fuquan Hagler, 40, of East Orange, New Jersey, entered his guilty plea to conspiracy to distribute oxycodone and Brian Kelley, 46, also from New Jersey, entered guilty pleas to conspiracy to distribute more than 500 grams of cocaine and possession with the intent to distribute more than 500 grams of cocaine. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Two more out-of-state drug dealers held accountable for peddling their poisons in our communities,” said United States Attorney Mike Stuart. “The drug dealers involved in this DTO were wreaking havoc in our southern counties, but we have put them out of business.”
Hagler admitted that in June 2018, he worked with other members of a drug trafficking organization operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills. Hagler admitted that on June 20, 2018 he was a passenger in car transporting oxycodone pills from New Jersey to West Virginia. It was the plan to deliver the pills to another member of the drug trafficking organization in West Virginia to be redistributed and sold illegally in the Southern District of West Virginia for profit. Prior to delivering the pills to West Virginia, the car Hagler was in was stopped by the Pennsylvania State Police. During the traffic stop, approximately 997 oxycodone pills were recovered. The pills were hidden in a secret compartment, commonly referred to as a trap.
Additionally, Kelley admitted that on July 7, 2018 he was involved in a conspiracy that was transporting controlled substances from New Jersey to the Southern District of West Virginia. Kelley admitted to traveling to a co-defendant’s residence in Fayette County, and picking up over $21,000 in cash for another member of the drug trafficking organization. Police officers later stopped the car Kelley was driving and found over $21,000 in cash and approximately 639 grams of cocaine. Both the cash and the cocaine were found in a hidden electronic compartment.
Hagler faces up to twenty years in prison and a $1,000,000.00 fine. Kelley faces a mandatory minimum period of not less than 5 years and up to 40 years and a $5,000,000 fine. Both men are scheduled to be sentenced on November 7, 2019.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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Huntington Man on Parole Pleads Guilty to Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Zachary Whitmore, 28, pled guilty today for being a felon in possession of a firearm, announced United States Attorney Mike Stuart.
On November 1, 2018, a Trooper with the West Virginia State Police assisted West Virginia Division of Corrections Probation and Parole with locating a parolee. Whitmore was found walking on a street in Huntington. Officers found a 22 Magnum American Arms Revolver in his pocket. Whitmore was prohibited from possessing a firearm under federal law because of a 2015 felony conviction for Entering without Breaking and Conspiracy in Cabell County, West Virginia.
Whitmore faces up to 10 years in prison when he is sentenced on November 25, 2019.
The West Virginia State Police and the West Virginia Division of Corrections Probation and Parole conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing. Stephanie S. Taylor prosecuted the case on behalf of the United States.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Columbus Man Pleads Guilty to Federal Drug Distribution and Firearm OffensesRead the Press Release
CHARLESTON, W.Va. – A Columbus, Ohio man pled guilty to federal drug distribution and firearm offenses, announced United States Attorney Mike Stuart. D’Alfonza Mikell, 26, pled guilty today to possession with intent to distribute methamphetamine and heroin and possession of a firearm in furtherance of a drug trafficking crime.
“Meth. Heroin. Firearm. And in a McDonald’s parking lot no less,” said United States Attorney Mike Stuart. “Definitely not a happy meal. Drug dealers aren’t wanted here and we’ll do everything within our power to remove them from our communities and to protect West Virginia families.”
On January 10, 2019, detectives with the Metro Drug Enforcement Network Team stationed themselves around the McDonald’s parking lot of Washington Street East, in Charleston. They had been warned that Mikell had come from Ohio and would be conducting a drug transaction that morning. A white pickup truck, with Mikell and three other individuals inside, pulled in and parked. Detectives watched as the defendant met with a confidential source. After meeting with the confidential source, MDENT detectives approached the truck in which Mikell was seated. Mikell was ordered out of the truck and at that time, detectives observed a Smith & Wesson .40 caliber pistol hidden underneath his leg. The defendant also had over 25 grams of methamphetamine and 2 grams of heroin inside his jacket pocket. Digital scales, 13 more grams of methamphetamine, and 2 more grams of heroin were inside the truck’s console.
Mikell faces a minimum of 5 years and up to life in federal prison when he is sentenced on December 16, 2019. Assistant United States Attorneys L. Alexander Hamner and Erik Goes are handling the prosecution.
Senior United States District Judge David A. Faber presided over the hearing.
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###Cabell County Man Pleads Guilty to Distributing OxycodoneRead the Press Release
HUNTINGTON, W.Va. – A Cabell County man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Billy Dean Vance, age 43, of Huntington, pled guilty to distributing oxycodone.
“Selling pills from his house and adding to the death, destruction and chaos of an epidemic,” said United States Attorney Mike Stuart. “Pill dealers have caused death and destruction across our state. Not anymore.”
On June 20, 2018, Vance sold 20, 30-milligram oxycodone pills for $700 to a person working as a confidential informant for the Drug Enforcement Administration. The sale occurred in the driveway of Vance’s Crestmont Drive home.
Vance had on prior occasions made two additional sales, both involving 10 30-milligram oxycodone pills. Those sales occurred on May 31 and June 12, 2018. On July 2, 2018, law enforcement served a search warrant at Vance’s residence and found more oxycodone pills, hydrocodone pills and marijuana. They also recovered approximately $3500 in cash.
Vance faces up to 20 years imprisonment and a fine of up to $1 million dollars when he is sentenced on November 18, 2019. The Drug Enforcement Administration conducted the investigation. United Stated District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Greg McVey is handling the prosecution.
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Kanawha County Woman Pleads Guilty to Marijuana DistributionRead the Press Release
CHARLESTON, W.Va. – A Kanawha County woman pled guilty to a federal drug charge. Shanika Collins, 41, of Charleston, pled guilty to one count of distribution of marijuana. Collins is the second defendant to be convicted based on an investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT). Earlier this year, Collins’ former boyfriend, James Michael Hill, pled guilty to multiple federal charges, and was sentenced to 8 years in prison.
“Collins was dealing marijuana on behalf of her boyfriend,” said United States Attorney Mike Stuart. “And now she’s convicted of a federal crime. Remember, those that do the crime together, do the time together. Marijuana is illegal under federal law. This office prosecutes all federal crimes, including those involving marijuana.”
Collins admitted that on May 7, 2018, she sold a half of a pound of mid-grade marijuana to a confidential informant in exchange for $600. On May 10, 2018, MDENT detectives applied for multiple search warrants involving various locations pursuant to the investigation. Collins consented to letting detectives search her apartment. MDENT detectives were able to seize over 15 pounds of mid-grade to high-grade marijuana from Collins’ apartment. Collins acknowledged that she was dating Hill, and that she was storing and delivering the marijuana on his behalf.
Collins faces up to 5 years in prison when she is sentenced on November 7, 2019.
Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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Charleston Man Sentenced for Federal Drug and Firearm ChargeRead the Press Release
Received more than four years in federal prison for his cocaine and firearm possession near a local casino
CHARLESTON, W.Va.—A Charleston man was sentenced to more than four years in federal prison, announced United States Attorney Mike Stuart. Michael A. Parker, 37, of Charleston, West Virginia, received a sentence of 49 months imprisonment. Parker previously pled guilty to Possession of Cocaine with the Intent to Distribute, and also to being a Felon in Possession of a Firearm on April 26, 2019. Parker also agreed to forfeit the firearm and $14,225.87 that were recovered from the scene. Stuart commended the investigation by the Nitro Police Department, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police Forensic Laboratory and Mardi Gras Casino security workers.
“Another felon with a gun dealing drugs,” said United States Attorney Mike Stuart. “We see this over and over again. Prior felony offenders reentering our communities that possess guns and pick up their previous criminal activity where they left off, will find themselves reentering federal prison.”
Parker admitted that on July 28, 2018 at 5:00 a.m. in the morning, he had driven to the Mardi Gras Casino in Nitro, West Virginia. He double-parked the car he was driving and went into the casino. Casino security noticed the double-parked car and also saw a gun on the floorboard of the car. Casino security contacted the Nitro Police to get their assistance in asking Parker to move his car. Parker initially agreed to move the car and offered to meet the police outside. Instead, Parker walked out a different door of the casino, fled into the woods near the casino, and hid there.
Casino security workers monitored Parker’s flight with security cameras and relayed this information to the Nitro Police. Parker was quickly located and eventually agreed to return to his car. Once there, Parker agreed to unlock his car and the police recovered the gun. While securing the firearm, the Nitro Police officer immediately noticed a quantity of cocaine and a large stack of cash in the car. Once this evidence was removed from the car, Parker fled a second time into the woods. He was eventually apprehended with the assistance of a K9 unit. Police recovered a large bag of cocaine, 5 smaller bags of cocaine, a bag of marijuana, $14,225.87 in cash and a Smith and Wesson .380 caliber pistol with 11 rounds of ammunition and an extended magazine.
Parker is a prior convicted felon, having been convicted in United States District Court of Distribution of Cocaine Base and Possession with the Intent to Deliver Cocaine in 2004. Parker has not been pardoned or otherwise had his right to own a firearm restored. ATF traced the firearm and concluded it had traveled in interstate commerce. The West Virginia State Police Forensic Laboratory tested the recovered drugs and confirmed that they were cocaine and marijuana, both controlled substances.
Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorneys Erik S. Goes and Kristin Scott are handling the prosecution.
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Charleston Felon Pleads Guilty to Gun PossessionRead the Press Release
CHARLESTON, W.Va. -- Brandon J. Carter, 35, of Charleston, pled guilty to being a felon in possession of a firearm, announced United States Attorney Mike Stuart.
On January 12, 2019, at approximately 3:38 a.m., an officer with the Charleston Police Department initiated a traffic stop on a scooter operated by Brandon Carter because it was being operated on the sidewalk at Patrick Street near Fourth Avenue. The officer recognized Carter from a shooting incident that occurred on October 7, 2018, near Delaware Avenue. The officer knew that Carter is a prohibited person and Carter admitted to having three prior felonies that prohibit him from possessing firearms. Carter told the officer that he was currently out on bond relative to the incident from October 2018. Carter told the officer, prior to a pat-down, that he was in possession of a Kel-Tec .380 firearm.
Carter faces up to ten years in prison when he is sentenced on November 6, 2019.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Ryan A. Saunders is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the hearing.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Two Men Sentenced for Immigration CrimesRead the Press Release
CHARLESTON, W.Va. – Two men were sentenced by United States District Judge Irene C. Berger for immigration crimes today, announced United States Attorney Mike Stuart.
“Six prior removals between these two men,” said United States Attorney Mike Stuart. “Line skippers. They need to get in line and obtain permission to legally enter our country.”
Juan Carlos Reyes-Molina, 23, a Honduran man, was sentenced for “time served” Reyes-Molina previously entered a guilty plea to the felony offense of Reentry of a Removed Alien on May 29, 2019 and has been incarcerated since March 1, 2019. Reyes-Molina was remanded to ICE agents for administrative removal proceedings. The West Virginia State Police and Immigrations and Customs Enforcement (ICE) conducted the investigation.
On March 9, 2019, a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia. Three men were standing outside a car with its emergency blinkers on. When the Trooper pulled in, the men ran to the car and began to drive away. The Trooper asked the driver what was happening and for a driver’s license. The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license. The Trooper contacted a translator service provided by ICE to assist. The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted. Reyes, one of the three men, was found to be a prior reentry case. Specifically, his prints matched four prior removals from Arizona and California in 2017 and 2018. Reyes admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States. He had not otherwise sought legal status or citizenship. Reyes further admitted to ICE agents that he was a Honduran citizen.
Baltazer Victorino Tulul-Ajqui, a Guatemalan national man, was sentenced to “time served.” Tulul-Ajqui, 30, was immediately remanded to ICE custody for administrative hearings concerning removal. Tulul-Ajqui previously pled guilty to the felony offense of Reentry of a Removed Alien on June 5, 2019 and has been in federal custody since May 1, 2019. The U.S. Immigration and Customs Enforcement (ICE) conducted the investigation.
On May 1, 2019, Tulul-Ajqui was found in Charleston, Kanawha County, West Virginia by ICE agents who received a tip that he was working illegally in the United States. ICE agents located Tulul-Ajqui’s residence and arrested him when he confirmed that he was in the United States illegally. Tulul-Ajqui had no identification documents permitting him legal status in the United States.
Fingerprinting matched Tulul-Ajqui to two prior removals from the United States in 2010 and 2015. In both cases, Tulul-Ajqui was found by immigration judges to be in the United States illegally and he was deported to Guatemala. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Tulul-Ajqui further admitted to ICE agents that he was a Guatemalan citizen.
Assistant United States Attorney Erik S. Goes is responsible for the prosecutions.
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Statement of United States Attorney Mike Stuart Regarding Oak Hill Hometown PharmacyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding Oak Hill Hometown Pharmacy today:
Prescribing controlled drugs is a privilege and not a right. Every pharmacy that fills prescriptions of scheduled narcotics has a corresponding responsibility to assure that those prescriptions do not include unresolvable red flags and are for a legitimate medical purpose. It is the proper role of law enforcement and the Drug Enforcement Administration to ensure public safety with respect to the dispensing of controlled substances by pharmacists and providers. We take this responsibility seriously.
Today, an Order to Show Cause and Immediate Suspension of Registration was issued to Oak Hill Hometown Pharmacy located in Oak Hill, West Virginia. Pursuant to Sections 303 and 304 of the Controlled Substances Act, Title 21, United States Code, Sections 823 and 824, Oak Hill Hometown Pharmacy has had its Drug Enforcement Administration Certificate of Registration suspended because it constitutes an “imminent danger to the public health or safety.” Oak Hill Hometown Pharmacy is registered with the DEA to handle substances in Schedules II through V at its 819 Main Street East, Oak Hill, WV location. Martin Njoku is the owner and pharmacist in charge. The suspension was based on improper dispensing from at least December 2016 to March 2019, filling approximately 2,000 prescriptions for a widely-abused Schedule III narcotic, Subutex, in the face of obvious red flags of drug abuse and diversion. Over half the prescriptions came from an out-of-state clinic located almost 200 miles away from Oak Hill. The Pharmacy’s customers drove long distances – in some cases more than 600 miles – to obtain and fill their prescriptions and many of them paid in cash. The prescriptions were for Subutex; The prescriptions were issued by out-of-state physicians; Approximately 96% of the prescriptions were paid for in cash; Multiple patients frequently presented prescriptions that had been written on the same day; and the patients travelled long distances for even partial refills. The Pharmacy continued to fill prescriptions for Subutex in the face of obvious red flags of abuse and diversion through at least March 2019. The DEA executed an administrative inspection warrant on November 28, 2018 and, following the inspection, the Pharmacy curtailed filling out-of-state Subutex prescriptions. However, since that time the Pharmacy’s pharmacists have resumed filling prescriptions with the same unresolvable red flags. The suspension of Oak Hill Hometown Pharmacy’s Registration will continue until a final determination is reached. This is a suspension and net yet a revocation, but none the less, during the period of the suspension, Oak Hill Hometown Pharmacy may not fill any prescriptions for Schedule II through Schedule V narcotics.
Oak Hill Hometown Pharmacy will have an opportunity to show cause before the DEA at a location to be determined on October 15, 2019, as to why its Registration should not be revoked. Within 30 days after the date the Pharmacy received its Order to Show Cause and Immediate Suspension of Registration, the Pharmacy may file a written request for a hearing or file a waiver of hearing with a written statement regarding its perspective on the matters of fact and law involved in the Order. If the pharmacy fails to request a hearing or fails to file a waiver, the Pharmacy shall be deemed to have waived its right to a hearing and a final order may be issued.
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South Charleston Man Pleads Guilty to Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A man from South Charleston, West Virginia, pled guilty to a federal drug trafficking offense today, announced United States Attorney Mike Stuart. Willie James Coleman, 55, pled guilty to possession with intent to distribute cocaine base, also known as “crack,” before United States District Judge Irene C. Berger. Stuart commended the investigation conducted by the Jackson County Sheriff’s Department, the Putnam County Sheriff’s Department, and the Drug Enforcement Administration.
“As I’ve said, crack is back,” said United States Attorney Mike Stuart. “Fentanyl dealers, heroin dealers, meth dealers, crack dealers. We prosecute all drug dealers. We’re tough on all drug dealers.”
Police investigators used a confidential informant to accomplish three undercover purchases of cocaine base from Coleman on December 17, 2018; January 9, 2019; and January 18, 2019. On January 31, 2019, Coleman was driving south on Interstate 77 in Jackson County, West Virginia, returning to his house in South Charleston after purchasing approximately four ounces of cocaine from his supplier in Cleveland, Ohio. Investigators stopped Coleman’s vehicle after he almost struck another vehicle on the interstate. Coleman’s passenger gave up the cocaine to investigators.
Investigators then executed a search warrant at Coleman’s house and recovered a stash of several grams of cocaine base in a safe and items used for manufacturing cocaine base out of cocaine powder. Investigators also found a gun under a pillow on Coleman’s bed.
Coleman faces up to 30 years in federal prison when he is sentenced on November 20, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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