Southern District of West Virginia
Press releases recorded for this federal judicial district.
Woman Sentenced for Embezzling Money from a Labor UnionRead the Press Release
She stole over 140,000 dollars between 2010 and 2014 from Charleston Building and Construction Trades Council
CHARLESTON, W.Va. – A South Charleston woman was sentenced to a year and a day in prison, announced United States Attorney Mike Stuart. Joan Matthews, 70, pled guilty on June 12, 2018 to the felony offense of embezzlement and theft from a labor union. The Court also ordered her to pay $141,325.78 in restitution to the Charleston Building and Construction Trades Council (CBCTC). Stuart commended the investigative efforts of the United States Department of Labor, Office of Labor-Management Standards.
“When you are 70 years old, a sentence of a year and a day is a lifetime,” said United States Attorney Mike Stuart. “Matthews used her position as a bookkeeper for the CBCTC to steal money over several years. She earned her sentence.”
Matthews previously admitted that she was employed as a bookkeeper by the CBCTC. Matthews told the Court that she began embezzling CBCTC union monies in 2010. To accomplish the theft, she would prepare and cash unauthorized union checks, use union funds to pay credit card bills, and make personal charges to the CBCTC credit cards. Her embezzlement continued until September 2014 when her crimes were discovered by other union employees. Matthews is no longer employed by the CBCTC. The CBCTC is chartered by the Building and Construction Trades Department of the AFL-CIO and has jurisdiction over local construction unions, and unions in the building and trades industries throughout West Virginia.
Assistant United States Attorney Erik S. Goes is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr. presided over the hearing.
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Beckley Firefighter Sentenced to PrisonRead the Press Release
BECKLEY, W.Va. – A Beckley firefighter was sentenced today to 8 months in prison for committing mail fraud, announced United States Attorney Mike Stuart. Michael Cowger, 50, fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department. The sentence was imposed by United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.
"As a first responder, Cowger held a position of trust. He abused that trust when he engaged in his fraudulent scheme,” said United States Attorney Mike Stuart. “Although the resulting losses were not overwhelming in value, Cowger’s scheme to defraud was not a one-time occurrence, but rather an extended series of deceptions. Any amount of fraud or deceit committed by those in positions of public trust is always significant.”
Cowger served as a firefighter at the Beckley Fire Department, worked as a part-time instructor for West Virginia University’s College of Engineering and Mineral Resources, and volunteered at the Beaver Fire Department, where he held the position of Fire Chief. Cowger admitted that he submitted reimbursement requests for supplies, travel, and training expenses to those entities, when he knew he had already sought reimbursements for the same expenses or another entity had already paid the expenses. For example, Cowger used his West Virginia University Purchasing Card (“P-Card”), a credit card that WVU paid directly, to purchase gas and rent a vehicle for certain trainings, yet also requested mileage from the City of Beckley for those same trainings, falsely indicating that he used his personal vehicle for the same travel, when in fact he had used a vehicle rented via the P-Card. Cowger also admitted that to complete his scheme, at times he created fictitious and duplicate receipts on his computer. He also admitted that he manipulated his hotel and training reservations and payments at times to ensure that he received two receipts with two different credit card numbers for the same events to conceal from the City of Beckley that he had used a WVU P-Card to pay for the events.
Cowger was ordered to pay restitution in the following amounts: $15,618.47 to the City of Beckley; $5,107.88 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department.
Assistant United States Attorney Meredith George Thomas handled the prosecution.
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Statement of United States Attorney Mike Stuart Regarding the Jury's Verdict in the Trial of Former Supreme Court Justice Allen Loughry IIRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
“Today is an important day for the people of West Virginia. The jury has rendered judgment on Justice Loughry. The jury has confirmed that a Justice on the state’s highest court - – Justice Allen Loughry - is guilty of numerous and serious federal crimes, including witness tampering and lying to a federal agent.
As I stated at the outset of this matter, public corruption is a cancer that erodes public confidence and undermines the Rule of Law. This is not a sad day for West Virginia but, rather, a hopeful one. The system worked. Corruption was rooted out. Confidence is restored.
I want to thank the jury and the court in this matter. There is no more solemn duty in the maintenance of liberty than that of a juror. This jury took its role seriously, was deliberate in its evaluation of the evidence, and delivered its verdict. I want to thank each of them for their patience and respect for this critically important process. I also want to thank the FBI, in particular Special Agent Jim Lafferty, the West Virginia Legislative Commission on Special Investigations, the Internal Revenue Service—Criminal Investigation Division, and Assistant United States Attorneys Philip H. Wright and Greg McVey for their tireless and excellent work in preparation for this case and their awesome work during trial. In addition, I want to thank my entire team for their contributions to this case including the work on this matter by former AUSA’s L. Anna Forbes and Eric Bacaj.
Today, with the verdict rendered by the jury, it is my sincere hope that our citizens can again have confidence that the law matters and that public officials who have lost their way will be held accountable. The people of West Virginia have worked too hard and too long to tolerate misconduct that strikes at the heart of the public’s trust by their elected officials. I intend to do all that I can to ensure that our citizens have the honest government they deserve.
I also want to offer prayers to Justice Loughry and the Loughry family. This is a difficult day. The jury rendered its verdict. He is held accountable but that doesn’t change the earnestness and sincerity for my offer of prayers in this matter.
Today’s verdict is a serious defeat for public corruption and those that abuse the public trust. Today’s verdict is a victory for the people of West Virginia and honest government.”
FBI Special Agent in Charge Robert Jones of the Pittsburgh Field Office added:
"No matter the level or the people involved, public corruption will not be tolerated in our communities," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Just like everyone else, a judge needs to follow the law. The FBI will continue to hold accountable those who betray the public's trust."
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Statement of United States Attorney Mike Stuart Regarding the Justice Department and ATF Providing National Integrated Ballistic Information Network Equipment to WV Law EnforcementRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
“More resources for law enforcement in West Virginia. NIBIN is a potential game changer and we are excited by its potential impact for law enforcement right here in the Southern District of West Virginia. We are tremendously appreciative of ATF for its support in providing this new, expensive ballistic imaging equipment to our great state. We are prosecuting more firearms offenders than ever before and NIBIN will provide us an amazing tool for linking criminal activity and, ultimately, holding violent criminals and offenders accountable for their bad acts. Crime gun intelligence and the use of the NIBIN network will allow law enforcement to better connect shooting incidents and identify shooters. I look forward to working with ATF, all of my federal partners, and state and local law enforcement to ensure we maximize the potential of this tremendous investment in West Virginia public safety.”
For more information on the deployment of NIBIN equipment, please see the Department Of Justice press release below.
SDWVNews and USAttyStuart
FOR IMMEDIATE RELEASE
THURSDAY, OCTOBER 11, 2018
JUSTICE DEPARTMENT AND ATF NAME 22 SITES TO RECEIVE NEW NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK EQUIPMENTEvidence based forensic tool to help solve violent crime
WASHINGTON — The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the deployment of ballistic imaging equipment used by ATF’s National Integrated Ballistic Information Network (NIBIN) to 22 state and local law enforcement agencies.
"Under President Donald Trump, the Department of Justice is prosecuting more firearm offenders than ever before," Attorney General Sessions said. "Ballistics technology has given law enforcement an unprecedented ability to make connections between cases and track down dangerous criminals. Today this Department of Justice is once again investing in the 85 percent of law enforcement officers who serve at the state and local levels and we are equipping them with cutting edge technology that will lead to smarter, targeted prosecutions of the most dangerous people in their communities. I have no doubt that this equipment will help to reduce crime in America."
“Crime Gun Intelligence, including the timely use of the NIBIN network, is the cornerstone of ATF’s violent crime reduction strategy. By deploying equipment to these 22 law enforcement agencies, investigators will now receive investigative leads within 48 hours. They will have new opportunities to disrupt the shooting cycle and make our communities safer,” said ATF Deputy Director Thomas Brandon.
As the only crime gun ballistic network in the United States, NIBIN compares images of cartridge casings recovered at crime scenes and firearms recovered by law enforcement to connect shooting incidents and identify shooters. ATF’s broader Crime Gun Intelligence strategy involves multiple technologies to identify criminal shooters and uses NIBIN as a leads-generator in support of this comprehensive approach. The deployments of this NIBIN equipment will help fill gaps in the intelligence and investigative networks and allow for a more efficient processing of firearm related violent crime evidence.
There are 16 agencies receiving NIBIN equipment for the first time:
Six agencies are receiving additional equipment to enhance their successful crime gun intelligence programs:
ATF has 25 Crime Gun Intelligence Centers (CGIC) across the United States in which ATF collaborates with local police departments and federal, state, and local prosecutors. The CGICs utilize cutting-edge technology and dedicated investigative teams to disrupt shooters and identify their source of crime guns before they can commit further criminal acts.
To support local participation in the CGIC approach, the Department recently awarded $5 million under the Local Law Enforcement CGIC Integration Initiative to encourage local jurisdictions to use intelligence, technology, and community engagement to identify unlawfully used firearms and to prosecute those who commit violent crimes. The Department also awarded more than $30 million to Project Safe Neighborhoods (PSN), the centerpiece of the Department’s crime reduction efforts. Through PSN, the Department is targeting the most violent criminals in the most violent areas by utilizing policing tools like CGICs.
NIBIN is helping cities solve crimes every day. Examples of these NIBIN success stories include:
- In January 2017, an unknown suspect shot a victim at a gas station in Detroit, Michigan. Police recovered cartridge casings and entered them into NIBIN. In April 2017, an unknown suspect fatally shot a limousine driver at a gas station. NIBIN linked the two scenes, and in so doing, provided investigators the intelligence they needed to identify the shooter and remove a murderer from the streets. The shooter was sentenced to life in prison.
- Detectives in New Albany, Indiana, investigated a homicide but had no suspect, one cartridge casing, and information that led them to believe the shooter may have fled to Louisville, Kentucky. A month later, the Louisville Police Department responded to an incident where several shots had been fired inside an apartment. The firearm recovered at that scene was linked by NIBIN to the murder in New Albany. As a result, the shooter was arrested, charged with the homicide, and sentenced to 17 years in prison.
- In 2018, Cincinnati Police investigated a homicide and recovered cartridge casings from the scene, subsequently entering them into NIBIN. A month later, the Cincinnati Police stopped two suspects for driving a stolen car. During the stop, the police recovered two firearms from the car and entered them into NIBIN. NIBIN linked the guns to the murder, and after being prosecuted for the homicide, the two suspects were sentenced to 18 and 50 years in prison.
More information on NIBIN and Crime Gun Intelligence can be found here: NIBIN Fact Sheet and CGIC Fact Sheet.
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Kanawha County Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
Defendant admitted to producing and distributing sexually explicit images of a toddler
CHARLESTON, W.Va. – A Kanawha County man was sentenced yesterday to spend 30 years in federal prison followed by a lifetime of supervised release for a child pornography crime, announced United States Attorney Mike Stuart. Robert Daniel Mullins, 37, of South Charleston, previously pled guilty on April 25, 2018, to production of child pornography. Stuart praised the investigative efforts of Homeland Security Investigations, the West Virginia State Police, the Australian Federal Police, the Royal Canadian Mounted Police, and the Toronto Police Service.
“Every single day of that 30 year sentence is deserved,” said United States Attorney Mike Stuart. “Horrific. Such a horrific crime. We will do everything within our power to put guys like Mullins behind bars for as long as possible.”
Between August 5, 2017, and February 18, 2018, he took several sexually explicit photographs of a toddler, at least one of which depicted sexual contact between Mullins and the minor. Mullins then distributed at least two of the sexually explicit images of the toddler to others around the world via the messaging service Kik. In addition to producing and distributing these images of child pornography, Mullins also used the Kik messaging service to exchange child pornography with other users in Canada and Australia. Mullins also offered to take sexually explicit photographs of minors to send to the individual in Australia.
He will also be required to register as a sex offender for at least 25 years.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The sentence was handed down by United States District Judge Irene C. Berger.
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.
SDWVNews and USAttyStuart
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Charleston Man and Airport Service Business Sentenced for Hazardous Waste ChargeRead the Press Release
CHARLESTON, W.Va. – Brian Scott Miller, the President of Executive Air Terminal, Inc., was sentenced yesterday to sixty days of incarceration and was fined $5000, and Executive Air Terminal, Inc. was fined $20,000 and placed on corporate probation for three years, announced United States Attorney Mike Stuart. Executive Air provided fueling and other services for private and commercial airplanes at Yeager Airport in Charleston. Miller was the owner and president of Executive Air. On May 3, 2018, both Mr. Miller individually and Executive Air as a corporation pled guilty to the felony offense of Aiding and Abetting the Storage of Hazardous Waste without a Permit. After the guilty pleas, Yeager Airport terminated the lease with Executive Air as the fixed base operator for Yeager Airport. Stuart praised the work of the Environmental Protection Agency (EPA), West Virginia Department of Environmental Protection, and the Yeager Airport Police Department.
“We will protect the environment by enforcing federal environmental laws,” said United States Attorney Mike Stuart. “Proper disposal of hazardous waste ensures our environment and the public are protected. Business owners have a responsibility to comply with environmental laws and regulations governing hazardous waste disposal. Violators will be held accountable.”
“By refusing to comply with laws that ensure the safe handling and storage of hazardous waste, the defendant put the unsuspecting public at serious risk,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in West Virginia. “Special agents found numerous containers filled with hazardous waste materials including oil, aviation gas and jet fuel. EPA and its law enforcement partners are committed to protecting local communities by holding accountable those who disregard the harm they pose to public health and the environment.”
Executive Air’s business of fueling and servicing planes generated hazardous waste. The waste was stored in unlabeled 55 gallon drums that were kept on site. By September of 2015, Executive Air had accumulated 37 drums of waste fluid, of which 27 drums were hazardous under federal law. The 27 drums of hazardous waste included a mix of oil, aviation gas, and jet fuel, and each drum was hazardous because it was either ignitable, toxic, or both. Executive Air did not have the federally required permit to store such a large quantity of hazardous waste. Miller previously admitted that he knew about the drums of waste material at Executive Air. In his plea agreement, Miller admitted that he directed that employees of Executive Air to dispose of the waste drums in September of 2015. Instead of hiring a licensed hazardous waste hauler, the employees moved the drums in the middle of the night to a farm outside Charleston, West Virginia. The drums were further moved to a building in Charleston where they were discovered by the U.S. Environmental Protection Agency Criminal Investigation Division in November 2015. Once discovered, the drums were then sent to a licensed hazardous waste disposal facility for proper disposal.
Special Assistant United States Attorney Perry D. McDaniel and Assistant United States Attorney Erik S. Goes are handling the prosecution. Judge Joseph R. Goodwin presided over the proceedings.
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Cabell County Man Sentenced to 18 Years in Prison for Producing Child PornographyRead the Press Release
HUNTINGTON, W.Va. – A Cabell County man was sentenced today to 18 years for child pornography crimes, announced United States Attorney Mike Stuart. David Ray Pelfrey, 40, of Huntington, West Virginia, previously pled guilty to two counts of production of child pornography. United States District Court Judge Robert C. Chambers imposed the sentence. Pelfrey was ordered to serve 10 years on federal supervised release after completion of his prison term, and will also be required to register as a sex offender. The investigation was conducted by the Huntington Police Department and the Federal Bureau of Investigation.
“18 years. Another child predator receives a well-deserved sentence,” said United States Attorney Mike Stuart. “We are passionate about protecting our children and are working tirelessly to identify, investigate and prosecute perpetrators of these horrendous crimes.”
Pelfrey admitted that on May 20, 2017, he took a sexually explicit photograph of a 16-year-old female, and that on June 1, 2017, he took a video depicting himself engaging in sexually explicit conduct with the same minor female. Pelfrey further admitted that he possessed at least one sexually explicit image of another minor female on his cell phone.
Assistant United States Attorneys Lisa G. Johnston and Jennifer Rada Herrald are in charge of the prosecution.
This case was prosecuted as part of the 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 Office 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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Multi-State Major Drug Trafficking Network DismantledRead the Press Release
“PROJECT PARKERSBURG” ROLLED OUT THROUGH TAKEDOWN
Over 150 Pounds of Methamphetamine and 4 Pounds of Heroin
More than Two Dozen Arrested on Federal and State Charges
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the formation of “PROJECT PARKERSBURG” and a major takedown today of drug traffickers resulting in the dismantling of a multi-state Drug Trafficking Organization (DTO) responsible for distributing methamphetamine and heroin in Parkersburg, West Virginia. As of the commencement of operations this morning, the investigation included the seizure of more than 150 pounds of methamphetamine and 4 pounds heroin. Joining United States Attorney Stuart in the announcement were Federal Bureau of Investigation Assistant Special Agent in Charge Nicholas Boshears of the Pittsburgh Field Office, Parkersburg Police Chief Joe Martin, Wood County Prosecuting Attorney Pat Lefebure, West Virginia State Police Captain Jason Davis, Bureau of Criminal Investigations, Wood County Sheriff Steve Stephens, Vienna Police Chief Mike Pifer, representatives of the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) and Major Allen Tackett of the West Virginia National Guard. The West Virginia State Police, the Arizona State Police, and the FBI Field Offices in Tampa, Cincinnati, Detroit and Phoenix provided valuable assistance in this investigation. The FBI Safe Streets Task Force in the Dayton RA, Cincinnati Field Office is deserving of special recognition for their involvement in the seizure of the methamphetamine and arrests of the primary targets of the investigation.
"The vast majority of the methamphetamine and heroin in this country came across our Southern Border," Attorney General Sessions said. "Thanks to collaboration between law enforcement in Arizona, Florida, Ohio, and West Virginia, our prosecutors and law officers were able to dismantle a drug trafficking organization that brought methamphetamine 2,000 miles from the border to the small towns of Appalachia. As part of this operation, law enforcement has arrested some 30 defendants and seized 150 pounds of methamphetamine and heroin and tens of thousands of dollars in alleged ill-gotten gains. And so I want to thank U.S. Attorney Mike Stuart, the FBI's Tampa, Pittsburgh and Dayton offices, the West Virginia and Arizona state police, and all of the members of the Parkersburg Police and the Parkersburg Narcotics and Violent Crimes Task Force. By taking drug traffickers off of our streets, they are helping to keep the American people safe."
Today’s operation is the first public announcement of “PROJECT PARKERSBURG”, a project that has been ongoing but unannounced as a result of today’s dismantling of a drug trafficking organization. The takedown today was the result of a long-term investigation led by FBI and PNTF and involved the cooperation of law enforcement authorities in several states. A total of at least 29 individuals have been charged in federal and state court and final determinations of jurisdiction for charging will be made as a result of a review of today’s arrests.
In December 2017 members of the PNTF executed a search warrant at a residence in Parkersburg during which they learned that large amounts of methamphetamine were being shipped to West Virginia from Mexico. Witness interviews, financial records, and informant information led to the identification of Parkersburg residents Terrance McGuirk, Antoine Terry, and Aurelius Edmonds as individuals with access to the methamphetamine being shipped from the southern border to locations in West Virginia and Ohio. Over the course of nine months, agents and task force officers conducted an exhaustive investigation linking the Parkersburg DTO to sources in Arizona. On September 19, 2018, surveillance led investigators to Dayton, Ohio where Terry and Edmonds met with Arizona residents Todd Land and Troy Pastorino to pick up a large shipment of controlled substances to include more than 150 pounds of methamphetamine that had been offloaded from a truck into a rented storage unit. Investigators observed Pastorino load the drugs into the trunk of a Dodge Charger. Police seized the drugs after conducting a traffic stop of Pastorino. Terry, Edmonds, and Land were arrested at a nearby business, and McGuirk was arrested at his hotel near the Dayton airport.
While this investigation is ongoing, investigators have been able to dismantle a DTO operating across multiple states and responsible for distributing large quantities of methamphetamine, heroin, and cocaine. It is believed that the dismantling of this DTO removed all of the Parkersburg area individuals with access to the Arizona source and will significantly curtail the amount of methamphetamine available for distribution in Wood County and the surrounding area.
The arrests and seizures relating to this investigation break down, as of the issuance of this press release, as follows:
- 17 individuals have been charged in a federal indictment in the Southern District of West Virginia with conspiracy to distribute methamphetamine;
- 1 defendant has been charged with possession with intent to distribute methamphetamine and being a felon in possession of a firearm;
- 12 individuals are facing state charges filed by the Wood County Prosecuting Attorney;
- Over 150 pounds of methamphetamine were seized;
- Over 4 pounds of Heroin were seized;
- Over $84,000 in United States Currency was seized; and
- Several vehicles were seized that were used to transport controlled substances.
“Largest seizure of methamphetamine in our state’s history and a massive amount of heroin - Today is a significant day for West Virginia, the City of Parkersburg, Wood County and the surrounding multi-state area,” said United States Attorney Mike Stuart. “A significant drug trafficking organization with connections to sources of supply in Mexico has been dismantled. Today is a day in which every participating law enforcement officer should be very proud. The level of cooperation between our federal, state and local law enforcement agencies is unprecedented and reaches beyond West Virginia’s borders and beyond America’s borders. As a result, the largest seizure of methamphetamine in our state’s history and a massive amount of heroin was seized before it reached our streets. No doubt lives have been saved because of the exemplary work of law enforcement at every level, the Wood County Prosecutor’s Office and my team. Today’s actions as part of “PROJECT PARKERSBURG” are merely the first step in a long-term, sustained, aggressive effort to rid our streets of the drug dealers and drug thugs that cause chaos, havoc and despair in our communities and in our families.”
"Through collaboration with our federal, state and local law enforcement partners, we were able to target and dismantle this criminal organization," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Drug-related crimes strangle communities. The FBI will always work to stop the violence, get drugs and weapons off the streets and justice for the people living in the communities we serve."
“The arrests made today are the culmination of many months of hard work by the PNTF and federal authorities and will have a significant impact in not only Wood County but our surrounding areas as well,” said Wood County Prosecuting Attorney Pat Lefebure.
“This investigation is an example of outstanding teamwork and collaboration of all law enforcement in this region of West Virginia that resulted in the largest seizure of methamphetamine and heroin,” said Parkersburg Police Chief Joe Martin. “I am very proud of the outcome of this investigation, as it is the largest seizure of both methamphetamine and heroin in the same criminal investigation in the Parkersburg area. Our mission is to identify and target these drug trafficking organizations that are polluting our city with poison. Once identified, we will do whatever is necessary to dismantle these organizations and partner with the U.S. Attorney to prosecute the members of these organizations. The long hours worked by the investigators involved proved to be successful and worthwhile. I am very pleased with the relationship between our federal law enforcement partners and the assistance from the U.S. Attorney for the Southern District of West Virginia, Mike Stuart. These investigators from the FBI and the Parkersburg Narcotics Task Force prevented hundreds of pounds of methamphetamine and heroin from getting to the streets of our community, and for this, I am very grateful.”
Please Note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Project Charleston -- Statement of United States Attorney Mike StuartRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement this morning during a press conference held at the Robert C. Byrd United States Courthouse in Charleston:
Remarks as prepared for delivery
“Good morning.
Attorney General Sessions and this Administration is wholly committed to working with our federal, state and local partners to ensure the safety of our streets, our families and our children. Frankly, we will no longer tolerate drug dealers, drug traffickers, violent criminals, or illegal guns on the street of the City of Charleston.
Our goal is simple -- To work with our federal, state and local partners to ensure safe streets and safe neighborhoods. A basic human right is to live safely in your home and your community. We intend to focus intense resources to ensure the streets of the West Side of Charleston are as safe as any neighborhoods in our state.
In what we are calling, “PROJECT CHARLESTON”, I have ordered a SURGE of federal resources and priorities to clean out violent elements and drugs from the West Side of Charleston. The instructions to my team cannot be more clear – “Put violent criminals and bad guys behind bars, off our streets, and away from the public as long as possible.” Following similar and successful efforts in Huntington, since our aggressive efforts in Huntington were announced, we have seen dramatic decreases in violent crime, criminal activity and overdoses. We expect the same or greater results in Charleston.
I want to personally thank Mayor Danny Jones, Charleston Police Chief Steve Cooper, and Kanawha County Prosecutor Chuck Miller for their partnership in this effort. “PROJECT CHARLESTON” would not be possible without their commitment and support.
In addition to Mayor Jones, Chief Cooper, and Prosecutor Miller, with me today are:
Supervisory Special Agent Wes Quigley, FBI
Assistant Special Agent in Charge David Gourley, DEA
Resident Agent in Charge Adam Black, ATF
Deputy Chief Jason Beckett, Charleston Police Department
Chief Deputy Sheriff Greg Young, Kanawha County Sheriff’s Department
With the assistance and commitment of our federal partners, “PROJECT CHARLESTON” ensures that every federal resource possible will be dedicated to working with our state and local partners to “Take Back These Streets” from troublemakers and hoodlums and those that bring havoc, chaos and despair to the Greater Charleston area.
Project Safe Neighborhoods (PSN) 2.0 is a priority of this Administration and Attorney General Jeff Sessions. Today is an important next step in those efforts.
Thank you.”
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Media Advisory -- United States Attorney Mike Stuart and Law Enforcement Partners to Hold Press Conference on Tuesday, October 9thRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference on Tuesday, October 9, 2018, at 10:30am, to discuss collaborative efforts to address violent crime in Charleston.
WHO: United States Attorney Mike Stuart, Southern District of West Virginia
Mayor Danny Jones, City of Charleston
Kanawha County Prosecuting Attorney Chuck Miller
Assistant Special Agent in Charge Nicholas Boshears, FBI
Assistant Special Agent in Charge David Gourley, DEA
Resident Agent in Charge Adam Black, ATF
Other Law Enforcement Officials
WHAT: Press Conference
WHEN: Tuesday, October 9, 2018 @ 10:30am
WHERE: Robert C. Byrd United States Courthouse (front plaza)
300 Virginia Street, East
Charleston, WV
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United States Attorney Mike Stuart Announces Progress in Making our Communities Safer through Project Safe NeighborhoodsRead the Press Release
CHARLESTON, W.Va. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department’s violent crime reduction strategy and a top priority of Attorney General Sessions. 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.
Throughout the past year, we have partnered with federal, state and local law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
The Department of Justice has been tremendously supportive of our efforts in the Southern District of West Virginia to combat the opioid crisis and violent crime. Earlier this year, the Department of Justice invested and committed substantial new resources to the Southern District of West Virginia, including five new prosecutors and enhanced and strengthened programs to combat violent crime and intensify civil enforcement efforts. These prosecutors focus on identifying and prosecuting individuals who unlawfully possess firearms, including individuals with domestic violence convictions, those with violent criminal histories and drug traffickers that carry guns during the commission of their crimes. In further support of the Department’s PSN programs throughout the country, the Attorney General also announced awards of almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies, and enhance services and resources for victims of violent crime.
“I am fully committed to ensuring that Project Safe Neighborhoods, a priority of this Administration, is the centerpiece of our enforcement strategy in the Southern District of West Virginia,” said United States Attorney Mike Stuart. “Since I took the oath as United States Attorney, we have built remarkable relationships with our federal, state and local partners and our aggressive enforcement actions are breaking all records in the District. We have been and will continue to be aggressive to ensure violent crime is attacked and our citizens protected. Everyone has a fundamental right to live in a safe neighborhood with safe streets and we will continue our efforts with a sense of urgency to ensure that public safety is our top and paramount priority.”
“ATF is committed to reducing gun violence in our neighborhoods by arresting armed violent offenders and their sources,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division. “Our ongoing partnerships with federal, state, and local law enforcement not only are a wise use of resources, but are getting measurable results for the citizens of West Virginia. We look forward to our continued work with the U.S. Attorney in our Project Safe Neighborhoods cases.”
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
Our PSN enforcement efforts are currently focused in the cities of Huntington and Charleston. The City of Huntington experienced a precipitous increase in gun and violent crime in 2017: a 75% increase in homicides, the majority of which were committed with firearms, a 42% increase in violent crime, and an approximate 50% increase in non-fatal shootings. To address the violence, United States Attorney Mike Stuart announced “Project Huntington” in March 2018, doubling the number of federal prosecutors to focus on the most violent and chronic offenders in the city. As a result, a major takedown took place in April 2018 that dismantled a multi-state heroin and fentanyl network and netted several related violent and gun crime offenders.
So far in calendar year 2018, the United States Attorney’s Office for the Southern District of West Virginia has filed 45 PSN related indictments and informations charging approximately 110 defendants with various violent crime related offenses. Recent notable cases include:
- Jonathan Chafin and Robert Reid were convicted of stealing firearms from a federally licensed firearms dealer. The two defendants admitted breaking into Sportsmen’s Gun and Pawn multiple times and stealing over 150 guns. Chafin faces up to 10 years in prison and Reid faces up to 40 years in prison when they are sentenced in November 2018.
- Dillon Jackson was sentenced to 36 months in prison for stealing 24 firearms from an FFL. He admitted to trading the stolen guns for money and drugs.
- Terry Lee Powell, a former Mason County Deputy Sheriff was sentenced to 5 months in prison, followed by 6 months of home confinement for possession of a stolen firearm. Powell admitted that he sold a firearm he seized during an investigation instead of logging it into evidence.
- James Anthony Mitchell, from Detroit, Michigan, was sentenced to 30 months in prison for being a felon in possession of a firearm as a result of being caught with a gun after a bar fight in Huntington. Police received a call reporting a large bar fight at Rehab Bar. A bystander provided officers with a description, matching Mitchell’s, of a male with a gun who had just left the area. When officers found Mitchell, he had a loaded pistol in his waistband. Mitchell had previously been convicted of multiple felony offenses in state court and was prohibited from possessing a firearm.
- Bunthia Tach from Kansas was sentenced to 11 years in prison after pleading guilty to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.
- Marshall Leroy Saunders was sentenced to 12 years in prison after pleading guilty to carjacking. Saunders was a suspect in an unrelated crime when police observed him entering a taxi. Saunders admitted that when police attempted to pull the taxi over, he pointed a loaded gun at the driver and ordered him out of the vehicle. Saunders then took control of the taxi, driving at speeds of up to 110 miles per hour before he was apprehended by law enforcement officers.
Community Partnerships
The United States Attorney’s Office SDWV has built unprecedented partnerships among various federal, state and local agencies, as well as community prevention coalitions to implement prevention, outreach and reentry initiatives. A series of community forums has been launched, with the first recently held in the Huntington, Cabell County area. A public messaging campaign is in development to inform the community about the PSN initiative and send a message of deterrence to potential offenders.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that after two consecutive years of historic increases in violent crime, the nationwide violent crime rate began to decline in the first year of the Trump Administration. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
- According to the FBI’s crime data for West Virginia, violent crime incidents decreased from 5131 in 2016 to 4805 in 2017.
- Since the April 2018 DTO takedown in Huntington, the city is seeing significant decreases in violent crime. Comparing April 2018 – September 2018 (2 quarters) with that of the same time period in 2017, homicides decreased from 8 to 2, non-fatal shootings dropped from 24 to 9, and overall violent crime incidents fell from 217 to 181. Interestingly, first responders report that overdoses have been trending downward in the area since our significant enforcement action. Treatment professionals also indicate an increase in substance abuse disorder treatment referrals.
- In 2018, ATF referred 79 firearm cases with 118 defendants to the U.S. Attorney’s Office, SDWV. Also, during the same time period, ATF seized 466 firearms in the Southern District of West Virginia with a street value of over $86,000.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
SDWVNews and USAttyStuart
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St. Albans Man Sentenced to 46 Months in Prison on Drug and Gun ChargesRead the Press Release
CHARLESTON, W. VA – Donald Wayne McCune of St. Albans was sentenced today to 46 months in prison for the distribution of methamphetamine and being a felon in possession of firearms, announced United States Attorney Mike Stuart. Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT), and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Drugs and guns don’t mix. We don’t see too many drug dealers without guns,” said United States Attorney Mike Stuart. “And all too often, like McCune, the drug dealers identified for prosecution have previous felony convictions prohibiting them from possessing firearms. The result -- federal drug and gun charges. Why? Because guns in the hands of prohibited persons risks the lives of law enforcement and the public. We cannot tolerate that whatsoever.”
McCune, 55, pled guilty on May 24, 2018, and had been in federal custody since March 2, 2018. McCune admitted that he sold methamphetamine to a confidential informant on three occasions in 2017. When officers searched his home, they found six firearms, including an AR-15 rifle and several loaded handguns. At the time, McCune was a convicted felon—he had been convicted of the felony offense of uttering in Kanawha County in 2007.
Assistant United States Attorney Gabriele Wohl handled the prosecution. United States District Judge Irene C. Berger presided over the hearing.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
SDWVNews and USAttyStuart
###Princeton Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va.—United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court to distribution of cocaine. Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.
“Cocaine was the rage in the 1980’s. It is coming back with a vengeance and is far more potent than ever before,” said United States Attorney Mike Stuart. “My team is focused on stopping dealers from building the cocaine trade. We don’t want cocaine to become the epidemic it was decades ago.”
Jermaine Jones, 30, admitted that on March 30, 2018, he distributed a quantity of cocaine to a confidential informant near Bluewell in Mercer County. He further admitted that he sold cocaine in Mercer County on four other occasions in March and April of 2018, and that he possessed an additional amount of cocaine on April 4, 2018 at his residence in Princeton. Finally, he admitted that when authorities searched his residence, they found his two pistols. Jones faces up to 20 years in prison when he is sentenced on January 31, 2018.
Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Parkersburg Man Sentenced to Prison for Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Anthony Michael Mowery, 42, of Parkersburg, was sentenced today to 63 months in prison for possessing a firearm after having been convicted of a felony. Stuart commended the efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
“Between his federal convictions for meth trafficking and possessing a firearm as a convicted felon, Mowery will now serve a total of almost 15 years in federal prison,” said United States Attorney Mike Stuart. “No doubt Parkersburg is a safer city with Mowery behind bars.”
Mowery pled guilty in July 2018, admitting that he possessed a Hi Point 9mm semiautomatic pistol during an argument he had with Joseph Daniel Mills near the little league baseball field in the vicinity of Buckeye Street and Camden Avenue in Parkersburg. Video evidence provided by Mills showed Mowery brandishing a pistol at Mills from the passenger seat of a vehicle. During the altercation, Mowery fled with the driver, abandoning the vehicle at the scene. Police recovered nine millimeter ammunition from the vehicle and a Hi Point pistol and magazine in the field nearby. Mowery was prohibited from possessing the firearm as a result of his previous felony convictions for child abuse and unlawful assault. In an unrelated matter, Mills has since been convicted of methamphetamine trafficking and was sentenced on May 25, 2018 to 108 months in federal prison.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Guatemalan National Man Pleads Guilty to Immigration CrimeRead the Press Release
Defendant had a prior deportation in 2012
CHARLESTON, W.Va. – A Guatemalan national man entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Domingo Celestino Pacheco-Us, 37, faces up to two years of incarceration when he is sentenced on February 19, 2019. Pacheco-Us is also subject to deportation proceedings at the conclusion of any sentence. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“I applaud ICE agents for ensuring our immigration laws are followed by individuals entering the United States,” said United States Attorney Mike Stuart. “ICE is a critically important enforcement tool for the United States. We have been and will continue to prosecute those that violate those laws and enter this great country illegally.”
On August 15, 2018, Pacheco-Us was found in Ripley, Jackson County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working at a restaurant in Ripley, West Virginia. Pursuant to this investigation, ICE agents approached Pacheco-Us and he surrendered to them, offering a Guatemalan identification document. Agents immediately confirmed that Pacheco-Us was not in the United States legally, and took him into federal custody.
Pacheco-Us fingerprints matched him to a 2012 prior encounter where he was found in South Komelik, Arizona on October 8, 2012 and deported from the United States to Guatemala on October 31, 2012. He illegally reentered the United States prior to his capture in 2018. Pacheco-Us had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Pacheco-Us admitted to ICE agents that he was a Guatemalan citizen and subject to deportation proceedings both in 2012 and also in 2018.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Irene C. Berger presided over the hearing.
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Bluefield Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – A Bluefield man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Tykeem Freeman, 25, entered his guilty plea to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“What can I say? Another convicted felon. On parole. With a firearm,” said United States Attorney Mike Stuart. “These cases just keep coming and we keep prosecuting them. Now, he is still a felon, no longer on parole, and no longer possessing a firearm.”
Freeman admitted that April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and the Alcohol, Tobacco, Firearms, and Explosives executed a search warrant at the house he was living in with his brother. When the agents entered the residence, Freeman was in possession of a Ruger, LCP .380 semi-automatic pistol. He admitted that he attempted to hide the pistol from law enforcement officers because he knew he was not supposed to possess any firearms because he was a convicted felon. He also admitted that at the time he committed this offense, he was still on parole out of the state of Virginia. Freeman was prohibited from possessing any firearm under federal law because of a 2016 drug-related felony conviction in Tazewell County, Virginia.
Freeman faces up to 10 years in federal prison when he is sentenced on January 31, 2019.
Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
SDWVNews and USAttyStuart
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Two Pharmacy Technicians Sentenced for Their Roles in Largest Pharmacy Theft in West Virginia HistoryRead the Press Release
CHARLESTON, W.Va. - United States Attorney Mike Stuart announced that Marcia Evans, 60, of Gilbert, and Kimberly McCoy, 43, of Amherstdale, were sentenced for their involvement in the theft of the controlled substance Suboxone. Evans and McCoy were sentenced to 10 and 6 months in prison, respectively. The sentences were imposed by United States District Judge David A. Faber. The investigation was conducted by the Drug Enforcement Administration, with assistance from the West Virginia Board of Pharmacy.
“The sentences imposed are consistent with federal guidelines. The largest pharmaceutical theft in the recorded history of the West Virginia Board of Pharmacy, yet the sentencing guidelines suggested sentences that are comparatively light to other comparable drugs of abuse,” said United States Attorney Mike Stuart. “Suboxone is being abused in record numbers across the country. I have personally requested that the DEA and Department of Justice reconsider the scheduling of Suboxone to a classification that will provide sentences worthy of the danger this drug poses if not used for legitimate medical purposes.”
Evans and McCoy perpetrated what the West Virginia Board of Pharmacy has called the largest pharmacy theft in West Virginia since records have been maintained by the Board. Both Evans and McCoy were previously employed as pharmacy technicians at Riverside Pharmacy in Gilbert. They admitted that from 2014 to September 2016, they conspired with others to take Suboxone and Xanax from the supply at the pharmacy. In order to conceal the shortage of controlled substances, Evans and McCoy manipulated the controlled substance count in the pharmacy’s computers. An audit was performed comparing shipment records with distribution records at the pharmacy, and a shortage of over 23,000 dosage units of Suboxone and over 137,000 dosage units of Xanax was revealed. Evans and McCoy further admitted that they sold some of the Suboxone stolen from the pharmacy.
This case is a result of the work of the Opioid Fraud Abuse and 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.
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Convicted Meth Dealer Sentenced to 20 Years in PrisonRead the Press Release
CHARLESTON, W.VA. – Don Lamont Wilkerson was sentenced yesterday to 240 months in prison. On March 30, 2018, a federal jury found Wilkerson, 44, of Charleston, guilty of three counts of distributing methamphetamine. He has been in federal custody since September 26, 2016. United States Attorney Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT).
“An oxycodone dealer turned meth dealer, convicted felon, repeat offender,” said United States Attorney Mike Stuart. “Wilkerson won’t be dealing any illicit drugs in our communities for a very long time.”
Wilkerson sold a total of five ounces of methamphetamine to a confidential informant on three separate occasions in September 2016. The drug deals took place in retail parking lots in the South Hills and Kanawha City neighborhoods of Charleston.
Wilkerson committed these crimes while he was serving a term of supervised release for his 2010 conviction of distribution of oxycodone. In addition to the sentence for his new criminal convictions, he was sentenced to 24 months in prison for violating the terms of his supervised release. His sentences will run consecutively, for a total of 22 years in prison.
Assistant United States Attorneys Gabriele Wohl and Steven I. Loew handled the prosecution. Senior United States District Judge David A. Faber presided over the hearing.Follow us on Twitter: @SDWVNews and @USAttyStuart
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Beckley Felon Sentenced on Federal Drug and Gun CrimesRead the Press Release
BECKLEY, W. Va. -- United States Attorney Mike Stuart announced today that a Beckley man was sentenced to 36 months in prison on federal drug and gun charges. Stuart commended the investigation conducted by the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Yet another meth dealer and convicted felon in possession of a firearm,” said United States Attorney Mike Stuart. “State and local law enforcement agencies are working closely with ATF to identify guys like Harvey in every southern West Virginia community and we are prosecuting them as part of our Project Safe Neighborhoods (PSN) initiative.”
Anthony Harvey, 43, pled guilty in June to distributing methamphetamine and to being a felon in possession of a firearm. On June 14, 2016, Harvey sold a quantity of methamphetamine to a confidential informant working with the Beckley Police Department. On August 16, 2016, law enforcement officers executed a search warrant at Harvey’s home. At that time Harvey was a twice-convicted felon and was in possession of firearms. Specifically, he possessed a .22 caliber pistol and a .25 caliber revolver. He was prohibited from possessing firearms under federal law because of two prior convictions, one for assault with a firearm in California in 1995, and the other for sale of marijuana in California in 2004.
The sentence was imposed by United States District Judge Irene C. Berger.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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South Charleston Man Pleads Guilty to Federal Heroin and Fentanyl ChargesRead the Press Release
CHARLESTON, W.Va. – A South Charleston man pled guilty today to federal heroin and fentanyl charges, announced United States Attorney Mike Stuart. Christopher Thomas Campbell, 24, entered his guilty plea to distribution of heroin and fentanyl before United States District Judge Joseph R. Goodwin. Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT).
“Fentanyl is deadly,” said United States Attorney Mike Stuart. “We are vigorously prosecuting the peddlers of this poison, regardless of drug quantity. Too many lives are being lost at the hands of heroin and fentanyl dealers. We will not stand idly by – we will hold them accountable and put them behind bars.”
On January 2 and 11, 2018, MDENT agents made controlled purchases of heroin and fentanyl from Campbell at his Goshorn Street apartment in South Charleston. Shortly after the second purchase, MDENT agents arrested Campbell at his apartment. Following his arrest, Campbell admitted to police that he had been selling heroin for approximately one year. Campbell was on bond at the time of the offense for drug charges unrelated to the federal offense.
Campbell faces up to forty years when he is sentenced on January 7, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
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Mexican National Man Sentenced for Illegally Reentering the United StatesRead the Press Release
Defendant had two prior removals for illegally entering the United States
CHARLESTON, W.Va. – Javier Leon Villagomez was sentenced to “time served” and immediately remanded for deportation proceedings for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Villagomez, 40, of Guanajato, Mexico, was taken into ICE custody at the conclusion of the hearing. Villagomez pled guilty on August 9, 2018 and had been in federal custody since May 12, 2018. United States Attorney Mike Stuart praised the work of the Jackson County Sheriff’s Department and Immigration and Customs Enforcement (ICE).
“Individuals illegally enter our country over and over again,” said United States Attorney Mike Stuart. “We will prosecute them each and every time and deport them – unless they follow the rules.”
On May 12, 2018, Villagomez was arrested for domestic violence charges near Ravenswood, Jackson County, West Virginia by officers working for the Jackson County Sheriff’s Department. In investigating the case, Jackson County Sheriff’s Department contacted ICE to confirm Villagomez’s legal status. ICE agents spoke to Villagomez, and confirmed that he was not legally present in the United States. ICE agents further submitted Villagomez fingerprints for a forensic examination. The results of the examination matched Villagomez to two prior removals from the United States. One prior removal was in 2007 and the second in 2008, both from the Milwaukee, Wisconson area. After being deported on two separate occasions, Villagomez then illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Villagomez is a citizen of Mexico.
Assistant United States Attorney Erik S. Goes handled the prosecution. United States District Judge Joseph R. Goodwin presided over the hearing.
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Nearly 100 Arrested on Federal and States Charges -- Multi-State Poly-Drug Network Operating from South Carolina to New Jersey DismantledRead the Press Release
MAJOR TAKEDOWN BY OVER 100 LAW ENFORCEMENT OFFICERS
Over 600 Grams of Heroin, Fentanyl and Nearly a Kilo of Meth Seized
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a major takedown today of drug traffickers resulting in the dismantling of a multi-state Drug Trafficking Organization (DTO) responsible for distributing over 600 grams of heroin, fentanyl and almost a kilogram of methamphetamine, cocaine and oxycodone. Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration (DEA) Assistant Special Agent in Charge (ASAC) David Gourley, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Resident Agent in Charge (RAC) Adam Black, West Virginia State Police Captain Jason Davis, West Virginia National Guard Lieutenant Colonel William Annie, Fayette County Prosecuting Attorney Larry Harrah, Fayette County Sheriff Mike Fridley, Oak Hill Police Chief Michael Whisman, Fayetteville Police Chief David Kinzer, Nicholas County Sheriff William Nunley, Summersville Police Chief John Nowak, National Park Service Chief Ranger Duane Michael, United States Marshal Michael Baylous, as well as representatives from the Beckley Police Department, Beckley/Raleigh County Drug and Violent Crime Task Force, and the Southern Regional Drug and Violent Crime Task Force. The DEA and ATF offices in Newark, New Jersey also provided valuable assistance in this investigation.
"Today we are taking further steps to tackle the drug crisis which is especially hurting the people of West Virginia," Attorney General Jeff Sessions said. "President Trump has made ending this crisis a top priority for this administration and under his leadership the Department of Justice has taken historic new steps to put drug traffickers in jail. Today we announce the dismantling of a drug trafficking organization that spread addiction and death from West Virginia to New Jersey. As part of this operation, law enforcement has charged around 40 defendants, seized multiple pounds of addictive drugs – including heroin, fentanyl, and oxycodone -- and hundreds of thousands of dollars of allegedly ill-gotten gains. And so I want to thank U.S. Attorney Mike Stuart, DEA, ATF, the Marshals Service, and especially our fabulous state and local partners. By taking drug traffickers off of our streets, they are helping to keep the American people safe."
The takedown today was the result of a long-term investigation led by DEA and the Central West Virginia Drug Task Force (CWVDTF), dubbed “Operation Mountaineer Highway.” A total of 38 individuals have been charged in federal and state court. The long-term investigation which stretched from West Virginia to New Jersey resulted in the seizure of large quantities of controlled substances, over 65 illegally possessed firearms, and over $360,000 in United States currency, which represents proceeds of the DTO’s drug trafficking operations.
The first strike occurred in October 2017 when members of the DEA Charleston Heroin Enforcement Group and Tactical Diversion Squad, and investigators with the CWVDTF arrested a Fayette County drug dealer for selling heroin and methamphetamine. During a post arrest debrief, a drug dealer identified two of his primary drug suppliers. The identified drug suppliers were known to law enforcement in Fayette County, West Virginia, but had eluded investigators. Through their investigation, law enforcement officers were led to a DTO in Newark, New Jersey. Over the course of nine months, investigators conducted an exhaustive investigation linking the local DTO to sources in South Carolina and ultimately to sources in New Jersey.
While this investigation is ongoing, investigators have been able to dismantle a DTO operating across multiple states and responsible for distributing large quantities of methamphetamine, heroin, oxycodone pills, and cocaine. The heroin examined by the DEA lab has been found to contain heroin and fentanyl. The distribution of these drugs occurred in a rural region of West Virginia with a population of less than 10,000 that has been plagued by record high levels of overdose deaths for the past several years. It is believed that the dismantling of this DTO will significantly curtail the opioid scourge in Fayette County and the surrounding area.
The arrests and seizures relating to Operation Mountaineer Highway break down as follows:
- 12 individuals have been charged in four federal indictments in the Southern District of West Virginia with conspiracy to distribute, possession with intent to distribute, and the distribution of heroin and fentanyl, methamphetamine, cocaine, and oxycodone;
- Two defendants have been charged with being a felon in possession of a firearm;
- 26 individuals are facing state charges filed by the Fayette County Prosecuting Attorney;
- Over 1000 oxycodone pills were seized;
- Over 600 grams of Heroin/Fentanyl were seized;
- Almost a kilo of methamphetamine was seized;
- Over $360,000 in United States Currency was seized; and
- Several vehicles were seized that were used to transport controlled substances.
As part of today’s law enforcement actions, nearly 100 individuals are being arrested. In addition to the 38 individuals facing federal and state charges in connection with Operation Mountaineer Highway, an additional 54 individuals are being arrested on state charges in unrelated cases. Over 100 federal, state and local law enforcement officers took part in today’s takedown effort. The West Virginia National Guard also provided a number of personnel in a support function to the operation.
“Today was a major takedown of a major drug trafficking organization but, more important, today was a major takeback – of our streets, towns, and communities,” said United States Mike Stuart. “This is an important day for the people of southern West Virginia. As a result of the remarkable work of multiple law enforcement agencies, a significant drug trafficking organization has been shut down. We have been incredibly aggressive in our efforts to hold drug traffickers accountable, and we will continue our aggressive efforts until the poison peddlers and drug dealers are out of business. This case is a testament to what can be accomplished when federal, state and local law enforcement work so well together towards a common goal.”
Today’s actions would not have been possible without the seamless collaboration of federal, state, and local law enforcement agencies. The investigation was led by the DEA and the Central West Virginia Drug Task Force, with assistance and support from the West Virginia State Police, ATF, the Fayette County Sheriff’s Department, the Nicholas County Sheriff’s Department, the Summersville Police Department, the Oak Hill Police Department, the Beckley Police Department, the Beckley/Raleigh County Drug and Violent Crime Task Force, the Southern Regional Drug and Violent Crime Task Force, and the West Virginia National Guard. The U.S. Attorney’s Office for the Southern District of West Virginia and the Fayette County Prosecuting Attorney’s Office, are working together hand-in-hand to remove these dangerous drug traffickers from our streets.
“These arrests today should send a clear message to anyone wanting to distribute illicit drugs in this community,” said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division, which oversees operations in West Virginia. “We will find you and we will shut down your operation, wherever you are,” Evans added.
“Today is a monumental day for Fayette County and the State of West Virginia,” said Fayette County Prosecuting Attorney Larry Harrah. “Today was made possible by many hours of great work by all of the law enforcement agencies involved in this historic investigation. I am so proud of the teamwork demonstrated by our dedicated officers. Because of their efforts the drug trade in Fayette County has taken a significant hit and the work continues.”
“When federal, state and local agencies come together to work joint investigations, the cases have substantial impact on communities,” said Captain Jason E. Davis, West Virginia State Police, Bureau of Criminal Investigations. “This case illustrates the benefits of multi-agency collaboration.”
"A project of this scale will have a measurable impact on this area," said Fayette County Sheriff Mike Fridley. "These operations are not just targeting simple street level dealers, the project's goal is to ultimately cut the heads off of many snakes as possible."
"Today we see the results of a long term, multi-agency investigation into the illegal drug trafficking of multiple suspects in and around the City of Oak Hill,” said Oak Hill Police Chief Michael Whisman. “I hope this sends a clear message to others who are involved in this type of illegal activity."
The investigation is ongoing and could result in additional federal and state charges in the future.
Please Note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
SDWVNews and USAttyStuart
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United States Attorney Mike Stuart Launches Listening TourRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching a series of community forums over the next few months to discuss public safety issues. The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, will be held at locations throughout the Southern District of West Virginia and invite open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities. City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.
“I’m going to do a lot more listening than talking,” said United States Attorney Mike Stuart. “I want to hear the concerns of the public and to make sure we are doing all we can do to address the needs of our citizens.”
In October, the following community forums will be held from 6:00 – 7:30pm:
Tuesday, October 2 - Cabell County – Holiday Inn Express, 3551 US Rt. 60 East, Barboursville
Thursday, October 11 – Raleigh County – Raleigh County Convention Center, 200 Armory Drive, Beckley
Tuesday, October 16 – Logan County - Word of Life Church, 518 Mud Fork Road, Logan
Tuesday, October 23 – Putnam County – Teays Valley Church of the Nazerene, 3937 Teays Valley Road, Hurricane
Doors will open at 5:00pm for networking.
For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at [email protected].
SDWVNews and USAttyStuart
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Project Huntington Update: Another Operation Saigon Sunset Defendant Pleads Guilty to Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Another defendant netted in Operation Saigon Sunset pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Malcomb Simmons, of Huntington, also known as “Mac,” 45, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin and fentanyl. Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
“To date, Simmons is the 13th of 15 defendants that have pled guilty to a federal indictment as a result of Operation Saigon Sunset,” said United States Attorney Mike Stuart. “Heroin and fentanyl are deadly drugs that have caused tragic deaths of so many of Huntington’s residents. Project Huntington has certainly achieved great results, but our work is not done until every death causing drug dealer is eradicated from Huntington and other cities throughout the Southern District of West Virginia.”
Simmons admitted that he conspired with Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia. Simmons admitted that he supplied “Money” with heroin and fentanyl for “Money” to add to his heroin to sell in Huntington.
Simmons faces up to 20 years in federal prison when he is sentenced on January 14, 2019.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Mason County Woman Pleads Guilty to Theft of Veterans BenefitsRead the Press Release
Defendant fraudulently spent over 34,000 dollars
HUNTINGTON, W.Va. – Brandi Moore entered a guilty plea to theft of federal benefits, announced United States Attorney Mike Stuart. Moore, 38, of Gallipolis Ferry, Mason County, West Virginia faces up to 10 years of incarceration, a 250,000 dollar fine, three years of supervised release and a 100 dollar special assessment when she is scheduled to be sentenced on January 22, 2019. She will also be required to pay restitution back to the United States Treasury. United States Attorney Mike Stuart praised the work of the United States Department of Veterans Affairs, Office of Inspector General and the Federal Bureau of Investigation.
“Despicable. Stealing veterans benefits,” United States Attorney Mike Stuart. “Our veterans have served our country honorably, made tremendous sacrifices and deserve every possible benefit. Those who steal veterans benefits must be prosecuted.”
Moore had a family member who was a United States Military Veteran. This veteran died on November 9, 2011. Moore did not report his death, and the veterans benefits continued to accrue in the designated bank account. Moore knew she was not entitled to receive or otherwise spend this family member’s money. From November 2011 through April 2013, Moore accessed the veteran’s bank account and began withdrawing money on 191 separate occasions. Primarily, Moore used an ATM card to make withdrawals, though she also admitted forging a name on at least one check constituting an endorsement. The total amount of loss to the United States Treasury was 34,393 dollars. On April 4, 2017, Moore gave a detailed statement to federal investigators admitting that she withdrew the veterans benefits using an ATM card and was not otherwise entitled to the money. She also admitted to the agents that she forged an endorsement on a check associated with the VA account.
Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecution. Judge Robert C. Chambers presided over the hearing.
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Kanawha County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty yesterday to a federal drug crime, announced United States Attorney Mike Stuart. Fabian Lee Woodson, 36, of Elkview, entered his guilty plea to possession with intent to distribute a quantity of heroin. Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT).
“Yet another heroin dealer off the streets,” said United States Attorney Mike Stuart. “We are laser focused on removing these poison peddlers from our communities.”
Woodson admitted that in early January of 2016, he possessed over 50 grams of heroin for distribution at his home in Elkview, West Virginia. He further admitted that he had four firearms in his home. Woodson also admitted that on two occasions in December 2015, he sold .8 grams of heroin to a confidential informant. Officers with MDENT conducted these controlled purchases and then executed the search warrant on Woodson’s home where the drugs and guns were recovered.
Woodson faces up to 20 years in federal prison when he is sentenced on December 19, 2018.
The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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###Hurricane Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Hurricane man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Michael Shawn Alford, 38, entered his guilty plea to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Cabell County Sheriff’s Office, the Dunbar Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Another felon in possession conviction,” said United States Attorney Mike Stuart. “ATF and our state and local law enforcement partners have intensified their efforts and worked a significant number of gun crime cases over the last nine months. By doing so, they are making West Virginia safer for all of us.”
Alford admitted that On September 24, 2017, he was riding a motorcycle in the area of Dry Ridge Road in Milton. The motorcycle broke down and Alford began to push it down the road. When a deputy from the Cabell County Sheriff’s Office arrived on scene, Alford went behind a tree in the woods close to the road. The deputy heard Alford in the woods and asked him to come out to the road. The deputy then went behind the tree where Alford had been and recovered a Smith and Wesson, Model M&P Shield, 9mm handgun. Alford was prohibited from possessing any firearm under federal law because of felony convictions in Kanawha County Circuit Court for aggravated robbery in 2001 and for unlawful assault in 2009.
Alford faces up to 10 years in federal prison when he is sentenced on January 14, 2019.
Assistant United States Attorneys Clint Carte and Stephanie Taylor are responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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###Charleston Woman Sentenced to Prison for Federal Drug Trafficking CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman was sentenced to 24 months in prison today for a federal drug trafficking crime, announced United States Attorney Mike Stuart. Baylee Gibson, age 19, of Bench Road, previously pled guilty in April 2018 to distribution of 5 grams or more of methamphetamine. Stuart praised the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT).
“This young woman made a terrible decision when she decided to sell meth,” said United States Attorney Mike Stuart. “But make no mistake, we prosecute drug dealers – young, old and every age in between – for peddling their poisons in our communities.”
On August 25, 2017, an agent with MDENT arranged to meet Gibson and purchase one ounce of methamphetamine for $1200. The agent had spoken to Gibson on the telephone and had arranged the price and quantity.. Gibson told the agent to meet her at a parking lot just off the campus of West Virginia State University (WVSU) on Baron Drive in Institute, West Virginia.. This was the site of a previous methamphetamine sale by Gibson.
The agent met Gibson as planned. After a brief discussion, Gibson took $1200.00 of prerecorded buy money, got out of the agent' s car and walked towards the campus of WVSU. Additional MDENT agents were positioned around the campus conducting surveillance. Gibson then met with another individual, later identified as her co defendant, Kyle Keith Russell, and returned to the agent's car. There, Gibson provided the agent with a clear plastic bag with a substance that field tested positive as methamphetamine. The substance was sent to the Mid-Atlantic DEA laboratory where it was tested. The testing showed the substance was 23.39 grams of pure methamphetamine. Gibson arranged and sold methamphetamine to the same undercover agent on August 22, 2017, and twice on August 30, 2017. The agent arranged all three of those additional sales directly with Gibson. Those sales took place in the same manner and at the same location as the count of conviction. Kyle Keith Russell was Gibson’s source of supply for those sales. Russell pled guilty to possession with intent to distribute 5 grams or more of methamphetamine as well as possession of a firearm in furtherance of drug trafficking. Russell’s sentencing is scheduled for November 14, 2018.
United States District Court Judge John T. Copenhaver, Jr. presided over the case. Assistant United States Attorney R. Gregory McVey handled the prosecution.
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Former High School Counselor Indicted for Fraud SchemeRead the Press Release
Greenbrier West High School Counselor Changed Daughter’s Grades to Obtain Financial Scholarships
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that yesterday a federal grand jury indicted Mellissa Krystynak, of Stuart, Florida, on six counts of mail fraud relating to a scheme to defraud Greenbrier West High School and several scholarship organizations.
Krystynak, 49, was a school counselor at Greenbrier West from 2011 until 2017. While she was employed there, two of her children attended the school. The indictment alleges that Krystynak used her administrator access to the school’s grading system to inflate over 35 of her daughters’ grades. The indictment goes on to allege that, with Krystynak’s assistance, one of her daughters applied for and was awarded over $10,000 in financial scholarships during her senior year. These scholarships were based on applications containing the fraudulent report cards and transcripts. The indictment charges Krystynak with causing the scholarship checks to be mailed to her daughter’s college.
Krystynak’s initial appearance is scheduled on October 3, 2018 in front of United States Magistrate Judge Omar J. Aboulhosn in Beckley. Krystynak faces up to 20 years in prison for each count.
The investigation is being conducted by the Office of Inspector General for the U.S. Department of Education. Assistant United States Attorney Gabriele Wohl is handling the prosecution.
The indictment can be found
here .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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###Bluefield Man Sentenced on Gun ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced that a Bluefield man was sentenced yesterday to federal prison on a gun charge. Laron Safford, 42, was sentenced to 24 months in prison for being a felon in possession of a firearm. The case was investigated by the Southern Regional Drug and Violent Crime Task Force.
“Repeat offenders keep my prosecutors busy,” said United States Mike Stuart. “We will prosecute convicted felons found to be in possession of firearms EVERY. SINGLE. DAY.”
Safford pled guilty in January, admitting that on September 14, 2017, he possessed two pistols at his residence in Bluefield. Safford was prohibited from possessing firearms because of his prior felony convictions of delivery of a controlled substance and trafficking in cocaine. He also admitted that he sold cocaine to an informant in Bluefield on four occasions in September 2017.
Assistant United States Attorney John File prosecuted the case and Senior United States District Judge David A. Faber imposed the sentence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Two Wyoming County Men Sentenced for Roles in Insurance Fraud by Arson SchemeRead the Press Release
BLUEFIELD, W.Va. –Two Wyoming County men were sentenced today in federal court for their respective roles in a scheme to commit insurance fraud by arson, announced United States Attorney Michael B. Stuart. Dudley Bledsoe, 63, of Hanover, was sentenced to 24 months in prison and ordered to pay $294,085.07 in restitution. Bledsoe previously pled guilty to an unlawful monetary transaction charge. James Keith Browning, 54, also of Hanover, was sentenced to 50 months’ imprisonment and ordered to pay restitution in the amount of $211,553.50. Browning previously pled guilty to arson to commit wire fraud. Stuart commended the West Virginia Insurance Commission, the United States Postal Inspection Service, and the West Virginia State Police for their investigation.
“Greed leads to reckless, dangerous behavior,” said United States Attorney Mike Stuart. “Crimes that endanger lives and property will be prosecuted every day of the week by this United States Attorney. “
In the spring of 2012, Bledsoe, with the assistance of James Edward Lester, also known as “Punkin,” and others, purchased a house in Matoaka, Mercer County. The purchase price was approximately $38,000. They insured the property for over $300,000 and set fire to the house in December of 2012 using cardboard and unscented candle oil. Bledsoe, with the help of others, then filed false claims for the house and its contents. Bledsoe collected the proceeds and divided the proceeds with others involved in the scheme.
In the spring of 2013, Browning, and James “Punkin” Lester devised a scheme to purchase a house, place it in Browning’s name, obtain insurance on it and burn it to collect the proceeds. The property was located at 9068 Interstate Highway in Ikes Fork, West Virginia. Sometime during the week of August 12, 2013, Lester, Bledsoe and Browning manufactured an alibi they could use for when the house was burned. After the creation of the plan for the alibi, Bledsoe and Browning went to the house in Bledsoe’s vehicle to prepare the house to be burned. The house burned on August 16, 2013, while Browning and Lester were at the West Virginia State Fair. Browning then filed a fraudulent claim with the insurance company for the loss of the house and for items purportedly contained in the house. Ultimately, Browning received $100,000 from the insurance company for the false claim. Browning then divided the proceeds with Bledsoe and Lester.
Four other defendants involved in the scheme were convicted following a five-day jury trial in Charleston. The jury found Windel Lester, 67, his ex-wife Georgetta Lester Kenney, 42, and Windel Lester’s sons, James “Punkin” Lester, 48, and Greg Lester, 41, guilty of various charges related to the arson and insurance fraud scheme. Their sentencing hearings are scheduled for December 20, 2018.
Assistant United States Attorneys R. Gregory McVey and Philip H. Wright handled the prosecution. Senior District Court Judge David A. Faber handed down the sentences.
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Project Huntington Defendant Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who was arrested as part of Project Huntington pled guilty today in federal court to drug and gun charges, announced United States Attorney Mike Stuart. Eric Lee Burgess, 34, entered guilty pleas to distribution of heroin, prohibited possession of a firearm by a drug user, and possession of firearms in furtherance of a drug trafficking crime before United States District Judge Robert C. Chambers. Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department.
“Our goal in Project Huntington was to make Huntington one of the safest cities in America,” said United States Attorney Mike Stuart. “Removing defendants like Burgess, a gun selling, gun-toting heroin dealer and user, from the streets of Huntington, takes us one step closer to our goal.”
On October 7, 2014, a confidential informant and an undercover ATF agent met with Burgess at Burgess’s residence located at 306 9th Street West in Huntington to purchase heroin. After negotiating the transaction, Burgess distributed approximately 5 grams of heroin to the agent in exchange for $875. Burgess was also observed using heroin and admitted that he possessed a .40 caliber pistol during the transaction.
On December 16, 2014, the undercover agent again met with Burgess at his residence. On this occasion, the agent again observed Burgess using heroin and Burgess sold the agent an AR-15 style rifle along with a 30-round magazine.
On April 17, 2018, investigators arrested Burgess at his residence as part of Project Huntington. Investigators conducted a search of Burgess’s residence and seized a number of items including heroin, digital scales, and three firearms with assorted ammunition. Burgess admitted that he intended to distribute the heroin that was seized and that he possessed the firearms to serve as protection during heroin transactions.
During the plea hearing, Burgess also admitted to meeting with the informant and undercover agent on six additional occasions. On these occasions, Burgess admitted that he sold the informant and agent oxycodone pills, heroin, and four additional firearms. Burgess also admitted that he possessed other firearms during some of the transactions and that he was prohibited from possessing firearms based on his drug usage.
Burgess faces at least 5 years and up to life in federal prison when he is sentenced on January 14, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This prosecution is part of Project Huntington, an effort announced by United States Attorney Mike Stuart in March 2018 in response to the opiate epidemic and violent crime in southern West Virginia.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Former Mason County Deputy Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that Terry Lee Powell, 42, of Point Pleasant, was sentenced today to five months in prison, followed by six months of home confinement for possession of a stolen firearm. Stuart commended the efforts of the West Virginia State Police and the Mason County Sheriff’s Department.
“Powell violated the public’s trust and dishonored the law enforcement profession and his fellow officers when he chose to commit this crime,” said United States Attorney Mike Stuart. “The overwhelming majority of our law enforcement officers conduct themselves every day with the utmost integrity. The few law enforcement officers who abuse their power and authority and act unlawfully, must be prosecuted.”
Powell pled guilty in June 2018, admitting that on July 4, 2015, while working as a Mason County Deputy Sheriff, he seized a World War II era Luger 9mm pistol during an investigation he was conducting at a residence on Ultra Lane in Ashton, West Virginia. Instead of logging the weapon into evidence, Powell sold it for $2,500 to Eugene Asbury of Gallipolis Ferry. Mason County Sheriff Gregory Powers had been conducting an internal investigation of Powell when he learned that West Virginia State Troopers found evidence of Powell’s theft and sale of the pistol while executing a federal search warrant at Asbury’s residence in April 2016. Sheriff Powers referred the matter to the State Police for criminal investigation. Asbury later pled guilty to federal drug trafficking and money laundering charges as a result of that investigation and was sentenced to 63 months in prison.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joshua Hanks prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Federal Jury Convicts Charleston Man of Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was convicted of a federal gun crime following jury trial before Senior United States District Judge David A. Faber, announced United States Attorney Mike Stuart. Michael Matthew Phillips, age 31, was convicted of possessing a firearm by a prohibited person.
“It’s simple – convicted felons are prohibited from possessing firearms,” said United States Attorney Mike Stuart. “Violations of our federal gun laws are serious matters that put public safety at risk. I applaud the excellent work of ATF, the Kanawha County Sheriff’s Department and Assistant United States Attorney Greg McVey.”
On January 24, 2017, Phillips was supposed to sell heroin and a firearm to a confidential informant. Phillips didn't bring heroin to the meeting because he was concerned that there were police officers in the area. However, Phillips took the confidential informant to an area where a 9mm handgun was hidden and sold the gun for $140. Phillips is a convicted felon and prohibited from possessing firearms.
Phillips faces up to 10 years in prison and up to a $250,000 fine when he is sentenced in January 2019.
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Four Defendants Sentenced for Roles in Federal Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – Four defendants implicated in a federal methamphetamine conspiracy have been sentenced, announced United States Attorney Mike Stuart. Leonard Roberts, II, and Brittany Cross were sentenced to 216 and 120 months, respectively, and Anthony Cruz and Steve Jones were sentenced to 168 and 132 months, respectively, for guilty pleas each previously entered to their involvement in a conspiracy to distribute 500 grams or more of methamphetamine. A fifth defendant, Richard Rach III is scheduled to be sentenced on November 8, 2018. Stuart commended the collaborative investigative efforts of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, the Kanawha County Sheriff’s Department, and the Metropolitan Drug Enforcement Network Team.
“Law enforcement did a great job in shutting down this meth trafficking conspiracy,” said United States Attorney Mike Stuart. “We are working together like never before to protect our citizens from poison peddlers and curb the supply of illegal drugs coming into our communities.”
All four defendants previously admitted to their involvement with several other individuals in distributing methamphetamine shipped from California to various locations throughout the Charleston, West Virginia, area.. The group was responsible for distributing between 500 grams and one and one-half kilograms of high purity methamphetamine.
Assistant United States Attorney John Frail handled the prosecutions. United States District Judge Joseph R. Goodwin imposed the sentences.
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Wirt County Man Sentenced to 12 Years in Federal Prison for Child Pornography and Firearm OffensesRead the Press Release
Defendant has a prior conviction for sexual abuse of a minor
CHARLESTON, W.Va. – A Wirt County man was sentenced to 12 years in federal prison today for a child pornography crime and a firearms offense, announced United States Attorney Mike Stuart. Dusten Shawn Cottrell, 40, of Palestine, previously pled guilty to possessing child pornography and being a prohibited person in possession of firearms. Stuart commended the investigative efforts of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
“Child pornographer. Meth user. Convicted felon in possession of firearms,” said United States Attorney Mike Stuart. “West Virginia parents should sleep a little sounder tonight knowing that Cottrell has been taken off the streets and will be spending more than a decade in prison. We are working tirelessly with our law enforcement partners to put child predators behind bars.”
Cottrell admitted that on December 7, 2017, he possessed images and videos of prepubescent minors engaged in sex acts. The investigation revealed that Cottrell was using a cell-phone application, Kik, to access, download, and distribute child pornography. Cottrell further admitted to possessing over 600 images and videos of minors engaged in sex acts, and that some of those images involved sadistic conduct. Cottrell also admitted that on December 7, 2017, he was in possession of at least two firearms. Cottrell was not permitted to possess these firearms based upon a 1999 conviction in Jackson County, West Virginia, for first degree sexual abuse of a minor. Defendant was also prohibited from possessing the firearms based upon his admitted weekly use of methamphetamine.
Upon his release from prison, Cottrell will be required to serve a term of supervised release of 20 years. He will also be required to register as a sex offender.
First Assistant United States Attorney Lisa G. Johnston and Assistant United States Attorney Jennifer Rada Herrald are handled the prosecution. United States District Judge John T. Copenhaver, Jr. imposed the sentence.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Mexican National Sentenced for Illegally Reentering the United StatesRead the Press Release
Defendant had a prior removal for illegally entering the United States
CHARLESTON, W.Va. – Ezequias De Los Santos-Ruiz was sentenced for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Santos-Ruiz, 23, of Oaxaca, Mexico received a “time served” sentence and was immediately remanded into ICE custody for administrative deportation proceedings. He has been in federal custody since March 15, 2018—over five months. United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE).
“We have prosecuted a significant number of immigration cases since I became United States Attorney,” said United States Attorney Mike Stuart. “We will continue to prosecute every one of these cases until all those entering this country do so by abiding by the laws of the United States of America.”
On March 15, 2018, Santos-Ruiz was a passenger in a car that was stopped by the West Virginia State Police near Beaver, Raleigh County, West Virginia. Once stopped, he offered to the Trooper a Mexican Identification document. The Trooper immediately contacted ICE agents to confirm alienage. ICE spoke to Santos-Ruiz and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Santos-Ruiz under arrest. ICE agents further submitted Santos-Ruiz’s fingerprints for a forensic examination. The results of the examination matched him to a prior removal from the United States in 2017 from Kingsville, Texas. After being deported, Santos-Ruiz illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Santos-Ruiz is a citizen of Mexico. He entered a guilty plea on June 13, 2018.
Assistant United States Attorney Erik S. Goes handled the prosecution. Judge Irene C. Berger presided over the hearing.
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Kanawha County Man Pleads Guilty to Federal Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – A Kanawha County man pled guilty today to a federal methamphetamine crime, announced United States Attorney Mike Stuart. Shane Steven Thaxton, 41, of Sissonville, entered his guilty plea to possession with intent to distribute 500 grams or more of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration Task Force, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, and the Drug Enforcement Administration’s Atlanta Division.
“Meth is a deadly, dangerous drug that is returning as a serious menace,” said United States Attorney Mike Stuart. “We are working with our law enforcement partners to ensure that meth does not become the diabolical force that it was to our communities just a few years ago. We’re not going back to the future.”
Thaxton admitted that in early May of 2016, he drove from West Virginia to Georgia to pick up methamphetamine for distribution. He further admitted that before driving back to West Virginia, he concealed the drugs in the spare tire of the vehicle. During a traffic stop in the Hurricane area on the return trip, law enforcement searched the vehicle and discovered the methamphetamine hidden in the spare tire. The drugs were later analyzed by a DEA laboratory and determined to be methamphetamine with a weight of over 800 grams.
Thaxton faces at least 10 years and up to life in federal prison when he is sentenced on January 7, 2019.
Assistant United States Attorneys Timothy D. Boggess and Clint Carte are responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Huntington Woman Pleads Guilty to Assisting Methamphetamine SaleRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who helped set up a methamphetamine sale in January of this year pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Casey Marie Porter, 20, entered her guilty plea to aiding and abetting the distribution of methamphetamine in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Cabell County Sheriff’s Department.
“The example of a tragicness of the drug epidemic,” said United States Attorney Mike Stuart. “A 20 year girl voluntarily pleading to aiding and abetting, being a distributor of the poisons of death. It’s sad. It’s very sad. But this is a serious crime and we’ll deal with it seriously.”
Porter admitted that on January 31, 2018, a confidential informant called her to arrange the purchase of methamphetamine. Porter told the informant that the informant could come to Porter’s residence to meet another individual to purchase the meth. The informant then went to Porter’s residence where the other individual distributed 15 grams of meth to the informant in exchange for $350. Porter was arrested on February 2, 2018, after a search warrant was executed at her residence where additional quantities of meth and heroin were seized. Porter admitted as part of her plea agreement that she had been involved in assisting the other individual distributing meth and heroin in the Huntington area.
Porter faces up to 20 years in federal prison when she is sentenced on January 7, 2019.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Federal Inmates Sentenced on Weapon ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell were sentenced on weapon charges. The cases were investigated by the Federal Bureau of Prisons.
“Two more prisoners and two more shanks,” said United States Attorney Mike Stuart. “Shanks pose a threat to other inmates and prison staff. The only thing you get with a shank is a longer prison sentence.”
Marlon Briceno, 32, was sentenced to 15 months in prison for possessing a weapon in the prison. Briceno pled guilty in April, admitting that on October 7, 2017, he possessed a handcrafted weapon commonly known as a “shank.” A staff member at the prison found the weapon in his shoe. Briceno’s sentence will run consecutively to the sentence he is now serving.
Bryan Casey, 32, was sentenced to 15 months in prison for possessing a shank. He pled guilty in April and admitted that a staff member found the weapon in his pants pocket during a search on November 11, 2017. Casey’s sentence will also run consecutively to the sentence he is presently serving.
The prosecution was handled by Assistant United States Attorney John File. Senior United States District Judge David A. Faber imposed the sentences.
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Bluefield Man Sentenced on Drug ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Bluefield man was sentenced to federal prison on drug charges. The case was investigated by the Southern Regional Drug and Violent Crime Task Force.
“We are doing everything within our power to shut down illegal pill trafficking,” said United States Attorney Mike Stuart. “One by one, we will take these pill dealers down.”
Johnathan Damron, 41, was sentenced to 27 months on two counts of distributing hydromorphone. Damron pled guilty in April, admitting that he sold hydromorphone to an informant in Bluefield on November 9 and November 13, 2017.
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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Two Local Men Plead Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – Two Huntington men pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Antonio Whitehead, 31, and Richard Board III, 21, entered guilty pleas to an indictment charging them with aiding and abetting the distribution of methamphetamine. Stuart praised the investigation conducted by the Violent Crime and Drug Task Force West.
“Those who aid and abet are every bit as guilty of contributing to our drug crisis as the drug thugs who directly deal,” said United States Attorney Mike Stuart. “Nearly 1,100 West Virginians died last year as a result of overdose, primarily due to the poison peddlers who have made addiction their business. We are working aggressively and with a laser focus to zero in on poison peddlers, drug dealers and their agents and emissaries of despair.”
Whitehead admitted that on November 15, 2017, he met a confidential informant at Board’s residence in Huntington. The informant gave Board $1,000 for an ounce of methamphetamine. Board then gave Whitehead the money and Whitehead gave the informant approximately 28 grams of methamphetamine.
Whitehead and Board both face up to twenty years in federal prison when they are sentenced on December 17, 2018.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Mexican National Man Sentenced for Immigration CrimeRead the Press Release
Defendant had two prior felony convictions and three prior deportations
HUNTINGTON, W.Va. – A Mexican national man was sentenced to “time served” for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Eduardo Martinez-Campeano, 47, has been in federal custody for nearly five months. Martinez-Campeano is also subject to deportation proceedings. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement.
“Two prior felony convictions and three prior deportations,” said United States Attorney Mike Stuart. “Illegal aliens pose a tremendous danger to our citizens. We prosecute 100 percent of these cases and will continue to do so. My advice to those who want to join in the greatness of this nation – GET IN LINE AND WAIT YOUR TURN.”
On April 10, 2018, Martinez-Campeano was traced to a hotel in Huntington, West Virginia by members of ICE after receiving a tip that defendant was in the country illegally and working at a restaurant in Barboursville, West Virginia. ICE agents approached Martinez-Campeano and he surrendered to them. Agents promptly confirmed that Martinez-Campeano was not in the United States legally, and took him into federal custody.
Martinez-Campeano fingerprints matched him to a 2007 Missouri felony Forgery conviction. After his felony sentence in Missouri was discharged, Martinez-Campeano was deported from the United States. Martinez-Campeano reentered the United States and was removed from the United States for a second time in 2010. Sometime afterword, Martinez-Campeano reentered the United States and was captured in Texas. He was convicted of the federal criminal offense of Reentry of a Removed Alien in 2012. Once again, defendant Martinez-Campeano was deported from the United States. Martinez-Campeano illegally reentered the United States for a fourth time prior to his capture in 2018. Martinez-Campeano admitted to ICE agents that he was a Mexican citizen subject to deportation proceedings. He entered a guilty plea on June 4, 2018.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the hearing.
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Last of Nearly Two Dozen Defendants Sentenced to Federal Prison for His Role in a Drug Trafficking ConspiracyRead the Press Release
BLUEFIELD, W.Va. – The last of nearly two dozen defendants was sentenced today to federal prison for his role in a drug trafficking organization, announced United States Attorney Mike Stuart. Shaun Givens, 40, of Beckley, was sentenced to 5 years in federal prison. Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.
“The last of nearly two dozen drug thugs that no longer comprise a drug trafficking organization,” said United States Attorney Mike Stuart. “Out of business and behind bars – exactly what we want for every drug dealer and poison peddler in West Virginia. Great job by my prosecutor and our federal, state and local law enforcement partners.”
Shaun Givens previously admitted at his plea hearing that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and heroin in and around Raleigh County. Givens admitted that during this time period, he received in excess of 500 grams of cocaine from other members of the drug trafficking organization that he distributed in the southern district of West Virginia. Givens also admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley. During the execution of the search warrant, officers found over seven grams of a mixture containing heroin and fentanyl, a small amount of cocaine base, seven firearms, and $1,127 in cash that defendant admitted were the proceeds of his illegal drug trafficking.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
All of the other defendants in this case have already been sentenced. Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization. His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges. Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively. Rory White of Montgomery was sentenced to 125 months in federal prison. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison. Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone.
On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison. He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively. Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.
David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison. Jonathan O. Brockman, the brother of George E. Brockman, II, of Kimberly, Fayette County, was sentenced to nine years in federal prison. Coleman, Carter, Staples and Brockman were also sentenced by Senior Judge David A. Faber.
On August 13, 2018, Judge David A. Faber sentenced James Rodney Staples, of Woodbridge, VA, to 151 in federal prison, Karl Funderburk, of Teays Valley, to 60 months in federal prison, and George E. Brockman, II, of Montgomery, to 108 months in federal prison.
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Charleston Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CHARLESTON, W.Va. -- David Wayne McDaniel, 53, from Charleston, pled guilty today to possession of child pornography, announced United States Attorney Mike Stuart. Stuart commended the investigative work of the Federal Bureau of Investigation.
“Incomprehensible,” said United States Attorney Mike Stuart. “We will prosecute every one of these horrific crimes and put child predators behind bars.”
McDaniel admitted that he possessed over 600 images, including pornographic images of prepubescent minors and images containing sadistic or masochistic conduct, other depictions of violence, or sexual abuse or exploitation of an infant or toddler.
Because McDaniel has a prior conviction for sexual abuse of a minor, he faces a mandatory minimum of ten years in prison when he is sentenced on December 13, 2018.
Assistant United States Attorney Steve Loew is handling the prosecution. United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.
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Bluefield Men Sentenced on Federal Drug ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two Bluefield men were sentenced to federal prison on drug charges. Stuart praised the work of the Southern Regional Drug and Violent Crime Task Force.
“Communities all across West Virginia have paid a heavy price because pills invaded these valleys and mountains,” said United States Attorney Mike Stuart. “We are prosecuting with haste those whose illegal practices led to the scourge of pills that aided the path of addiction for which too many of our good citizens fell prey.”
Gerold Flack, 40, was sentenced to 78 months for distribution of hydromorphone. He pled guilty in April, admitting that on November 7, 2017, he distributed hydromorphone to an informant in Bluefield. He also admitted that from the summer of 2017 until about November 30, 2017, he distributed about 3375 hydromorphone pills.
Jamaal Crenshaw, 37, was sentenced to 30 months for distribution of oxycodone. He also pled guilty in April, and admitted that he sold several oxycodone and oxymorphone pills to an informant in September and October of 2017. He further admitted that when police searched his residence on October 5, 2017, they found over $5,000 which he had earned from selling drugs.
Assistant United States Attorney John File prosecuted the cases. The sentences were imposed by Senior United States District Judge David A. Faber.
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Federal Jury Convicts Former Logan County Schools Superintendent on Charges Relating to Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a federal jury sitting in Charleston returned unanimous guilty verdicts following the trial of former Logan County Schools Superintendent Phyllis Doty, 68, of Logan. The guilty verdicts came after a four day jury trial before Senior United States District Judge David A. Faber. The FBI and the West Virginia Legislature Commission on Special Investigations conducted the investigation.
“Guilty. Guilty on all counts,” said United States Attorney Mike Stuart. “We’ve placed an intense priority on public corruption. Violations of the public trust by public officials, a position of trusted authority, is a true cancer to society. Standing in defiance of public corruption is a fundamental priority for this United States Attorney and the United States of America. I want to thank the tireless work of the FBI, the West Virginia Legislature Commission on Special Investigations and AUSAs Gabe Wohl and Erik Goes and our entire team for their shared commitment in defiance of public corruption.”
Doty was found guilty of eight felony charges, including four counts of wire fraud, two counts of theft from a program receiving federal funds, one count of mail fraud and one count of aggravated identity theft and faces up to 122 years in prison when she is sentenced on January 30, 2019.
Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff. The jury found that between 2011 and 2015, Doty stole at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.
Doty’s scheme included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, decorative urns and a colonnade. Doty claimed that these items were requested by Logan County teachers, however, the teachers knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding. Evidence at trial showed that Doty gave some of these items away to the wedding planner following the wedding.
Doty attempted to cover up her scheme once an investigation into suspicious spending became public by attempting to influence Logan County teachers of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education, and then by Doty asking the wedding planner to return the gifted items to a Logan County school.
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Nitro Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
CHARLESTON, W.VA. – A Nitro man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart. Jon Green, Jr., 49, pled guilty before United States District Judge Joseph R. Goodwin to distribution of methamphetamine. Stuart commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department.
“114% increase in meth overdoses in 2017,” said United States Attorney Mike Stuart. “Methamphetamine trafficking is on the rise in West Virginia, but through our strong enforcement efforts and prosecution of meth dealers, we aim to stem the tide. Today’s meth is not the meth of just a few years ago. This meth is far more powerful, far more dangerous, and truly deadly.”
Green admitted that he sold methamphetamine on August 30, September 1 and September 14, 2017 to a confidential informant working with DEA. The transactions occurred at defendant’s 7th Street residence in Nitro.
Green faces from 5 to 40 years imprisonment and a $5 million dollar fine when he is sentenced on November 28, 2018.
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Greenbrier County Man Sentenced on Drug ChargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Greenbrier County man was sentenced yesterday to 18 months in federal prison for distributing oxymorphone. Cody Reed Godfrey, 26, pled guilty in May to distributing oxymorphone pills to an informant in Alderson, where Godfrey was residing at the time. The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force.
“More than 1,000 died in West Virginia last year from overdose,” said United States Attorney Mike Stuart. “The illicit sale of prescription pills is still a major concern in the majority of our southern counties because those pills can cause great harm and even death. My team will prosecute pill dealers like Godfrey every day of the week and twice on Sundays until we shut down pill trafficking.”
Godfrey admitted that he distributed, or possessed with the intent to distribute, 49 ½ oxymorphone pills and a small quantity of methamphetamine between June 9 and June 13, 2017.
Assistant United States Attorney John File prosecuted the case. United States District Judge Irene C. Berger imposed the sentence.
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Beckley Man Sentenced on Federal Gun ChargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Beckley man was sentenced yesterday to 36 months in federal prison on a gun charge. James David Morris Jr., 39, pled guilty in May to being a felon in possession of a firearm.
“Another felon with a firearm,” said United States Attorney Mike Stuart. “You would think the message would be clear – prohibited persons with guns will be prosecuted federally and put behind bars.”
Morris admitted that on October 14, 2017, he was riding a motorcycle in Harper Heights when he was stopped by a Raleigh County Sheriff’s Deputy, who found that Morris had a revolver in the waistband of his pants. The revolver was stolen. Morris was prohibited from possessing a firearm by virtue of his 2013 federal conviction of being an unlawful drug user in possession of a firearm.
The case was investigated by the Raleigh County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney John File prosecuted the case. United States District Judge Irene C. Berger imposed the sentence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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