Southern District of West Virginia
Press releases recorded for this federal judicial district.
Ohio Man Sentenced in Connection with Meth Distribution ConspiracyRead the Press Release
CHARLESTON, W.Va. – An Ohio man was sentenced today to federal prison for his role in a methamphetamine distribution conspiracy, announced United States Attorney Mike Stuart. Joshua Gregory Richardson, age 34, of Columbus, Ohio, was sentenced to 71 months’ imprisonment. Richardson had previously pled guilty in in February of this year. Stuart praised the work of MDENT.
“The influx of meth continues,” said United States Attorney Mike Stuart. “I applaud this conviction that puts another meth dealer behind bars.”
From approximately December 1, 2016, to December 20, 2016, Richardson was a supplier of dealer amounts of methamphetamine to another dealer in Cross Lanes, West Virginia. On December 20, 2016, members of the Metropolitan Drug Enforcement Network Team (MDENT) conducted a controlled purchase of approximately 1 ounce of methamphetamine from the local Cross Lanes dealer. After the controlled purchase, but before the agents left the area, Richardson arrived to collect money owed him for methamphetamine he had previously provided the local dealer. Agents followed Richardson from Cross Lanes into Ohio, where Ohio authorities conducted a traffic stop of his vehicle. A drug dog was at the scene and positively indicated on the vehicle. No drugs were found at the time. Richardson, however, possessed $9883 in cash at the time of the stop, $900 of which was pre-recorded buy money from the controlled purchase conducted in Cross Lanes earlier that day. Agents also downloaded text messages between defendant and the local dealer in which they discuss the sale of methamphetamine. The court also ordered that the cash found on him in Ohio be forfeited to the United States.
United States District Court Judge Irene C. Berger imposed the sentence. Assistant United States Attorney R. Gregory McVey handled the prosecution.
Follow us on Twitter: SDWVNews
###
Detroit Woman Sentenced for Federal Pill ChargeRead the Press Release
HUNTINGTON, W.Va. – A Detroit woman caught with pain pills in Huntington in 2015 was sentenced today to 6 months in federal prison, announced United States Attorney Mike Stuart. Kieyonda Annette-Marie Toler, 28, previously pled guilty to possession with intent to distribute oxymorphone in federal court in Huntington. Stuart commended the investigation conducted by the FBI Drug Task Force.
“A good number of drug carriers have taken the bus from Detroit to Huntington to deliver drugs,” said United States Attorney Mike Stuart. “And for a good number of those people, the next bus they ride will be headed to a federal prison.”
On December 3, 2015, members of the Huntington FBI Drug Task Force were conducting surveillance at the Greyhound Bus Station located in Huntington. Officers observed Toler exit a bus that had arrived from Detroit, Michigan and approached Toler to speak with her. Officers subsequently seized marijuana and an oxymorphone tablet Toler had in possession and Toler was placed under arrest. After Toler was transported to the Western Regional Jail, a correctional officer seized an additional 58 oxymorphone tablets Toler had concealed in her pants. Toler admitted that she intended to provide some of the tablets to Mark Bush upon her arrival in Huntington.
Bush was previously sentenced in August of 2017 to 17 and 1/2 years in federal prison for his role in operating a heroin trafficking conspiracy between Detroit and Huntington.
Assistant United States Attorney Joseph F. Adams handled the prosecution. United States District Judge Robert C. Chambers presided over these cases.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Ohio Man Sentenced for Dealing Drugs in Greenbrier CountyRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a Toledo, Ohio drug dealer was sentenced in federal court in Beckley. William James Springer, 33, was sentenced to 96 months in prison for distribution of oxymorphone. Stuart praised the work of the Greenbrier Valley Drug and Violent Crime Task Force.
“An Ohio drug dealer getting pills from Detroit to distribute in Greenbrier County,” said United States Attorney Mike Stuart. “These out-of-state drug dealers have found every corner of our great state and are bringing devastation and misery to our communities. And we’re going to do our best to protect our citizens by locking them all up.”
Springer pled guilty in April, admitting that on October 5, 2016, he distributed oxymorphone pills to a confidential informant in Ronceverte. He further admitted that between September 2016 and December 2016 he was involved in distributing a total of about 300 40 mg oxymorphone pills in Greenbrier County, including pills which he distributed as charged in the indictment.
The investigation previously resulted in lengthy prison sentences for three other people who were involved with Springer in his scheme of bringing oxymorphone from Detroit to sell in Greenbrier County. Joshua Adam Smith, 36, of Lewisburg, pled guilty to distribution of oxymorphone and was sentenced to 96 months. Tremaine Dean Pool Jr., 23, of Romulus, Michigan, pled guilty to possession with intent to distribute oxymorphone and was sentenced to 40 months. Jessica Nicole Honaker, 26, of White Sulphur Springs, pled guilty to aiding and abetting the distribution of oxymorphone and received a sentence of 24 months.
Assistant United States Attorney John File handled the prosecution. United States District Court Judge Irene C. Berger imposed the sentence on Springer.
Follow us on Twitter: SDWVNews
###
Federal Grand Jury Supersedes Indictment of West Virginia Supreme Court of Appeals JusticeRead the Press Release
New Indictment Adds Obstruction of Justice Charge
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that the federal grand jury which returned the original indictment against West Virginia Supreme Court of Appeals Justice Allen H. Loughry II last month has today returned a superseding indictment. Loughry, 47, of Charleston, West Virginia, was charged on June 19, 2018, in a 22-count Indictment that was unsealed today. The new indictment adds an obstruction of justice count, in addition to the existing wire and mail fraud, false statements, and witness tampering offenses.
The new count charges that between December 4, 2017, and May 24, 2018, Loughry knowingly and corruptly endeavored to influence, obstruct, and impede the due administration of justice—a pending federal grand jury investigation the existence of which Loughry was well aware, according to the superseding indictment. The superseding indictment goes on to explain that Loughry allegedly obstructed justice by, among other things, deflecting attention away from his own misconduct and blaming others for improperly using Supreme Court funds and property; creating a false narrative about when a Cass Gilbert desk was moved to his home and under whose direction; using invoices not related to the transfer of a leather couch and the Cass Gilbert desk to his home in 2013 to buttress the false narrative he created, and repeating the false narrative to a Special Agent of the FBI in an interview on March 2, 2018.
“Today, a federal grand jury returned a superseding indictment against West Virginia Supreme Court of Appeals Justice Allen Loughry,” said United States Attorney Mike Stuart. “The new indictment adds another very serious charge -- obstruction of justice -- which, in addition to the charges included in the original indictment, expose Loughry to a possible sentence of 405 years in prison. It’s very disappointing that a former Chief Justice of the highest court in the State of West Virginia would engage in such egregious conduct. Obstruction of justice is one of the most serious of offenses and for that conduct to be conducted by a Supreme Court Justice is, frankly, just plain stupefying.”
The 23-count Indictment charges Loughry with sixteen counts of mail fraud (Counts 2, 3, 4-17), which carry a penalty of up to 20 years for each count; two counts of wire fraud (Counts 1 and 19), which carry a penalty of up to 20 years for each count; three counts of making false statements to a federal agent (Counts 21-23), which carry a penalty of up to 5 years for each count; one count of witness tampering (Count 18), which carries a penalty of up to 20 years; and the new charge in Count 20 for obstruction of justice, which carries a penalty of up to 10 years in prison. If convicted on all counts in the Indictment, Loughry faces a possible sentence of up to 405 years in prison, a fine of $5.75 million, and a term of supervised release of up to 3 years.
The superseding 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Wayne County Man Pleads Guilty to Sexual Abuse of a MinorRead the Press Release
CHARLESTON, W.Va. – A Wayne County man pled guilty today to a sex crime, announced United States Attorney Mike Stuart. Joshua I. Morrison entered his guilty plea to one count of sexual abuse of a minor. Stuart commended the investigation conducted by the Federal Bureau of Investigation.
“It’s a parent’s worst nightmare,” said United States Attorney Mike Stuart. “To have a child victimized in this way is unimaginable period. But to think it would happen while on a family vacation is even worse. My office stands ready to prosecute every single child sex offender brought to us by our law enforcement partners.”
Morrison admitted that the sexual abuse took place on board a cruise ship in international waters on or about 12 a.m. on January 9, 2016. He admitted that he was 18 years old at the time, the minor was 12 years old at the time, and he knew the minor was 12 years old at the time. He further admitted that she performed oral sex on him and that he attempted to engage in sexual intercourse.
Morrison faces up to 15 years in federal prison when he is sentenced on October 11, 2018. He will also be required to register as a sex offender.
Assistant United States Attorney Emily J. Wasserman is handling the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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.
Follow us on Twitter: SDWVNews
###
United States Attorney Mike Stuart Announces Unprecedented Growth in SDWVRead the Press Release
ADDITIONAL AUSA POSITION ALLOCATED IN CONJUNCTION WITH OPERATION SYNTHETIC OPIOID SURGE (S.O.S.)
SDWV Receives 1 of only 10 positions in the Country
CHARLESTON, W.Va. – Earlier today, Attorney General Jeff Sessions and U.S. Attorney Mike Stuart today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
As part of Operation S.O.S., the Department of Justice selected the United States Attorney’s Office for the Southern District of West Virginia (SDWV) as one of only 10 districts in the nation, to launch this important enforcement surge. With Operation S.O.S., a new additional AUSA is being allocated to the District solely to focus on implementing the new surge.
In addition to the new resources of Operation S.O.S., the Attorney General and DOJ previously announced an additional four prosecutors are being allocated to the SDWV. The new prosecutors represent the largest single increase of new prosecutors in the history of the SDWV and the largest percentage increase for any district in the nation.
“In the six months since I became United States Attorney, five additional prosecutors have been allocated to my office,” said United States Attorney Mike Stuart. “It is unprecedented. More new positions than Miami, Pittsburgh, Philadelphia, Phoenix, or many of the largest, fastest growing areas in the country. Literally the largest percentage increase of any district in the entire nation. This is the largest increase of new AUSAs in the history of the SDWV and is a testament to the hard work and accomplishments of my entire team.
The number of cases we are prosecuting, particularly in the area of drugs and violent crimes, have substantially and exponentially increased since I took office. For example, we have seen a nearly 400% and 80% increase in prosecutions of illegal firearms and illicit narcotics, respectively. IT’S BIG! IT’S HUGELY BIG!
With five additional prosecutors, I can assure you this trend will continue and we can dedicate even more resources to our offices in Beckley and Huntington in addition to our growth in Charleston. I am beyond grateful for the trust and confidence the Attorney General and the Department of Justice have demonstrated in my leadership and in the efforts of my staff by awarding the District with such a significant increase in prosecutors.
We are excited by the opportunity to grow the office and bring in even more bright, capable, hard-working attorneys to focus on crime issues important to the citizens of West Virginia.
These are exciting times and maybe the most significant time for law enforcement in the history of southern West Virginia. We are literally shaping the future of law enforcement in this district for at least the next generation.”
Follow us on Twitter: SDWVNews
###
Attorney General Sessions and United States Attorney Stuart Announce Operation Synthetic Opioid SurgeRead the Press Release
SDWV 1 of 10 Sites Selected in the Country
CHARLESTON, W.Va. – Attorney General Jeff Sessions and United States Attorney Mike Stuart today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
As part of Operation S.O.S., the Department will launch an enforcement surge in 10 districts with some of the highest drug overdose death rates, including the Southern District of West Virginia. In 2016, an estimated 890 people died of drug overdoses in West Virginia, 574 of which occurred in the Southern District of West Virginia. Opioid-related overdoses accounted for 492 of the District’s overdose deaths, with 226 of them being fentanyl-related.
Each participating United States Attorney’s Office (USAO) will choose a specific county and prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids, regardless of drug quantity. The surge will involve a coordinated DEA Special Operations Division operation to insure that leads from street-level cases are used to identify larger scale distributors. Operation S.O.S. was inspired by a promising initiative of the United States Attorney’s Office in the Middle District of Florida involving Manatee County, Florida.
"When it comes to synthetic opioids, there is no such thing as a small case," Attorney General Sessions said. "In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal--that's not even enough to cover up Lincoln's face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy—and the new prosecutors who will help carry it out—will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs."
In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.
“I really appreciate the confidence that the Attorney General has demonstrated in my leadership and the work being done in my office,” said United States Attorney Mike Stuart. “Our aggressive law enforcement actions are being recognized and rewarded by the Administration and the Department of Justice. We fully intend to capitalize on this historic opportunity for West Virginia. We look forward to working closely with our federal, state and local law enforcement partners to make this new AUSA position as productive as possible and significantly reducing the number of synthetic opioid overdose deaths in the District.”
The 10 participating districts are:
Northern District of Ohio
Southern District of Ohio
Eastern District of Tennessee
Eastern District of Kentucky
Southern District of West Virginia
Northern District of West Virginia
District of Maine
Eastern District of California
Western District of Pennsylvania
District of New Hampshire
In Manatee County, a county just south of Tampa with a population of about 320,000, overdoses and deaths skyrocketed in 2015 (780 overdoses/84 opioid related deaths) and 2016 (1,287 overdoses/123 opioid related deaths). In summer of 2016, local law enforcement reported frequent, street-level distribution of fentanyl and carfentanil for the first time.
To combat this crisis, the Middle District of Florida committed to prosecuting every readily provable drug distribution case involving synthetic opioids in Manatee County regardless of drug quantity. The effort resulted in the indictments of forty five traffickers of synthetic opioids. Further, from the last six months of 2017 to the last six months of 2016, overdoses dropped by 77.1% and deaths dropped by 74.2%. Overall, the Manatee County Sheriff’s Office went from responding to 11 overdoses a day to an average now of less than one per day.
Follow us on Twitter: SDWVNews
###Six More Defendants Sentenced to Federal Prison for their Roles in a Drug Trafficking ConspiracyRead the Press Release
Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BLUEFIELD, W.Va. – Five men were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart. Shawn Akiem Anderson, 44, of Mount Hope, was sentenced to 108 months, or 9 years, in federal prison. Shaun Jones, 40, Jonathan Vincent Moore, 34, and Charles E. Hill, 54, all of Beckley, were sentenced to 120, 97, and 60 months in federal prison, respectively. Corey Larkin, 38, also of Beckley, was determined to be a career offender and sentenced to 188 months, or 15 years and 8 months, in federal prison.
Yesterday, Esau Burnett, 39, of Beckley, was sentenced in conjunction with his role in the drug trafficking organization. Burnett was sentenced to 66 months in federal prison after previously entering a plea to conspiracy to distribute and possession with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. Velarian Carter will appear tomorrow before Senior United States District Judge David A. Faber for sentencing.
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.
“Heroin. Fentanyl. Methamphetamine. Crack. Cocaine. Marijuana. Guns. A career offender. A prison inmate already serving a 20 year sentence still running a drug business back in his hometown,” said United States Attorney Mike Stuart. “Raleigh County is no doubt a safer place to live with these drug dealers behind bars. As a result of great teamwork and a thorough investigation, this drug trafficking organization has been shut down.”
Shawn Anderson previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute less than 50 kilograms of marijuana and admitted that between May 2017 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, heroin, and marijuana. Anderson admitted to working with Detria Carter and others to distribute marijuana in and around Raleigh County. Anderson also admitted that he distributed or possessed with the intent to distribute approximately 44 kilograms of marijuana during this time frame. Funderburk previously admitted that between August 2016 and March 1, 2017, he assisted Velarian Carter, Detria Carter, and others, in operating a drug trafficking organization. Funderburk also admitted that on March 1, 2017, he was arrested in Charleston, and during a subsequent search, police discovered that he possessed cocaine, crack, and methamphetamine. Funderburk also possessed a Glock 27, .40 caliber, semi-automatic pistol, that he admitted was used for protection of his drugs and drug proceeds.
Shaun Jones previously entered a guilty plea to possession with intent to distribute more than 100 grams of heroin and admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine and heroin. Jones admitted to working with James Rodney Staples and others to distribute cocaine and heroin in and around Raleigh County. Jones also admitted that on June 28, 2017, law enforcement officers executed a search warrant at his residence. During the search officers found over 200 grams of heroin, a quantity of methamphetamine, a quantity of cocaine, and over $50,000 in cash. Jones admitted he intended to distribute the controlled substances found in his house. The money seized is being forfeited as the cash represented the proceeds of his illegal drug trafficking activity.
Corey Larkin previously entered a plea to conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. At his plea hearing he admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and heroin in and around Beckley, Raleigh County, West Virginia. During this time he admitted to distributing approximately one kilogram of cocaine. Larkin also admitted that on June 14, 2017, police officers made a traffic stop on a car he was driving. During the stop, officers seized 133.97 grams of a mixture containing heroin and fentanyl, and $2,983 in cash. Larkin further admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley. Officers found over $8,000 in cash, approximately 41 grams of cocaine, and a kilo press, often used to compress powder cocaine into “bricks.” Larkin has agreed to forfeit all the cash seized.
Jonathan Moore previously admitted that between August 2016 and June 28, 2017, he took part in the drug trafficking conspiracy with multiple participants involving the distribution of cocaine and heroin. He further admitted that on April 26, 2017, the Drug Enforcement Administration, with the assistance of a confidential informant, made a controlled purchase of approximately one ounce of cocaine from Moore at his residence in Beckley. He also admitted that on June 28, 2017, a search warrant was executed at his residence. During the search, officers found over 1,500 grams of cocaine, eight firearms, and over $90,000 in cash. He agreed to forfeit the firearms and over $90,000 in cash that was obtained through the illegal drug trafficking network.
Charles Hill previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. Hill previously admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia. Hill also admitted to assisting Velarian Carter, Detria Carter, and Rashaun Carter in distributing ‘crack,” in Raleigh County. During this time he admitted to distributing and possessing with intent to distribute approximately 15 ounces of “crack.” Hill further admitted to meeting with other members of the drug trafficking organization to discuss and plan the manufacturing of cocaine into cocaine base. When officers executed a search warrant at Hill’s residence in Beckley on June 28, 2017, they recovered an additional 47.17 grams of “crack” that Hill intended to distribute in the community of Beckley.
Esau Burnett previously admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia. Burnett admitted to assisting in manufacturing cocaine into “crack.” During this time he admitted to distributing and possessing with intent to distribute approximately 20 ounces of cocaine. Burnett further admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley. Officers found $2,797 in cash, and a quantity of “crack.” Burnett admitted that the cash was obtained through the illegal drug trafficking activity and has agreed to forfeit the cash to the United States.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. Senior United States District Judge David A. Faber imposed the sentences.
Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin. Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018. George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is scheduled for sentencing on July 25, 2018. He faces at least five years and up to 40 years in federal prison.
Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration. David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone. Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl. Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 26, 2018.
Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018. Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 26, 2018.
Several defendants in this case have already been sentenced. 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Firefighter Pleads Guilty to Mail FraudRead the Press Release
BECKLEY, W.Va. – A Beckley firefighter pled guilty today to committing mail fraud, announced United States Attorney Mike Stuart. Michael Cowger, 50, admitted that he fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.
“First responders – firefighters, policeman and others – are role models and heroes in our communities,” said United States Attorney Mike Stuart. “It is disheartening when someone who should be a role model is responsible for fraud and deceit,” said United States Attorney Mike Stuart. “Although the resulting losses may seem minimal to some, no level of fraud is insignificant when committed by an individual in a position of trust.”
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 agreed to pay restitution in the following amounts: $15,638.28 to the City of Beckley; $5,099.64 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department.
Cowger faces up to 20 years in federal prison when he is sentenced on September 17, 2018.
Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. United States District Judge Irene C. Burger presided over the hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Charleston Man Pleads Guilty to Federal Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in June 2017 pleaded guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. William Naylor, 30, entered his guilty plea to an indictment charging him with conspiracy to distribute methamphetamine. Stuart praised the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.
“We are prosecuting an increasing number of meth defendants,” said United States Attorney Mike Stuart. “This is a most disappointing trend. And for those drug users that think meth is safer than heroin – beware – we are finding that meth is often laced with other drugs and leading to overdoses.”
Naylor admitted that from at least June 2017 to September 2017, he worked with Melody Legg to distribute methamphetamine in Kanawha County. As part of the plea agreement, Naylor admitted to distributing methamphetamine to a confidential informant in June 2017.
Naylor faces up to 20 years in federal prison when he is sentenced on October 4, 2018.
The plea hearing was held before United States District Judge Joseph R. Goodwin. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: SDWVNews
###
Multiple Defendants Plead Guilty to Federal Methamphetamine ChargesRead the Press Release
CHARLESTON, W.Va. – Multiple defendants pled guilty to federal methamphetamine charges today, announced United States Attorney Mike Stuart. Stuart praised the efforts of law enforcement agencies working in partnership with his office to fight the recent resurgence of methamphetamine in West Virginia.
“As methamphetamine continues to become the illicit drug of choice throughout southern West Virginia,” said United States Attorney Mike Stuart, “my Office will continue to work with our law enforcement partners to vigorously prosecute meth distributors peddling their poison in our communities. We are going to use every resource available to us to ensure that today’s meth doesn’t become the crisis that opiates have posed to our communities and families.”
TWO PLEAD GUILTY TO ROLES IN FEDERAL DRUG CONSPIRACY
Travis Thomas, 26, and Melody Legg, 43, entered their guilty pleas to an indictment charging them with conspiracy to distribute methamphetamine. The joint investigation was conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.
Thomas admitted that from at least June 2017 to September 2017, he supplied Melody Legg and others with five grams or more of methamphetamine to distribute for money in Kanawha County. As part of the plea agreement, Thomas admitted to distributing approximately 23 grams of methamphetamine to Melody Legg in August 2017. Legg admitted that from at least June 2017 to September 2017, she distributed methamphetamine for Travis Thomas and others in Kanawha County. She conspired with Travis Thomas, William Naylor, Timothy Boggs, and Michael Ginther to distribute more than 50 grams of methamphetamine in exchange for money.
Thomas faces at least 5 years but not more than 40 years in federal prison and Legg faces 10 years to life in federal prison when they are sentenced on October 3, 2018.
The plea hearings were held before United States District Judge Joseph R. Goodwin. Assistant United States Attorney Stephanie S. Taylor is in charge of the prosecutions.
CHARLESTON MAN PLEADS GUILTY TO DISTRIBUTION OF METHAMPHETAMINE
CHARLESTON, W.Va. -- Charles Smith, 42, of Charleston, pled guilty today before United States District Court Judge John T. Copenhaver, Jr., to distribution of 50 grams or more of methamphetamine. The Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department conducted the investigation.
Smith admitted to providing approximately 5 ounces of methamphetamine to a confidential informant working with the DEA in exchange for $1800 on January 30th of this year. The transaction occurred on the parking lot of the Save-A-Lot Store on Virginia Street west in Charleston.
Smith faces from 10 years to life imprisonment and a $10,000,000 fine when he is sentenced on October 16, 2018. AUSA John Frail is handling the prosecution.
BOONE COUNTY MAN PLEADS GUILTY TO METHAMPHETAMINE CHARGE
Larry Dingess, 49, of Nellis, Boone County, also pled guilty before United States District Court Judge John T. Copenhaver, Jr., to possessing methamphetamine for distribution. The Boone County Sheriff’s Department conducted the investigation.
Dingess admitted that on March 17, 2016, he was found to be in possession of a large quantity of methamphetamine during a search of his person by members of the Boone County Sheriff’s Department. Deputy Sheriff’s had gone to Dingess’ Nellis home to arrest him on an unrelated warrant when he was found in possession of methamphetamine.
Dingess faces from 5 to 40 years imprisonment and a $5,000,000 fine when he is sentenced on October 11, 2018.
Follow us on Twitter: SDWVNews and USAttyStuart
###Roane County Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – A Roane County man pled guilty today to a child pornography crime, announced United States Attorney Mike Stuart. Devin Wolfe entered his guilty plea to one count of receipt of child pornography. Stuart commended the investigation conducted by the Federal Bureau of Investigation and the West Virginia State Police.
“Prosecuting child pornography crimes is a priority for my office,” said United States Attorney Mike Stuart. “We will continue to work with law enforcement to protect our most vulnerable by vigorously prosecuting pedophiles who prey on children.”
Wolfe admitted to possessing images and videos depicting child pornography on October 12, 2016. He received these images and videos from the internet, including from the website “4chan.” One of the images, which he downloaded on August 21, 2016 at his residence in Roane County, depicted an adult male engaged in sexual intercourse with a prepubescent female. Wolfe further admitted to possessing at least 6 videos and 730 images. Many of the minors depicted in the videos and images have been identified by the National Center for Missing and Exploited Children.
Wolfe faces at least 5 and up to 20 years in federal prison when he is sentenced on October 10, 2018. He will also be required to register as a sex offender.
Assistant United States Attorneys Jennifer Rada Herrald and Emily Wasserman are handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Hurricane Felon Sentenced to Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Hurricane man who possessed a firearm in April 2017 was sentenced today to 27 months in federal prison, announced United States Attorney Mike Stuart. Brandon Pistore, 34, previously pled guilty to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the St. Albans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On April 19, 2017, an officer with the St. Albans Police Department stopped a vehicle Pistore was driving and discovered a gun. The officer seized the firearm, a Davis Industries, Model P380 pistol. Pistore later admitted that it was his gun. He was prohibited from possessing any firearm under federal law because of a 2006 federal drug conviction for conspiracy to manufacture methamphetamine.
“Just another felon with an illegal firearm,” said United States Attorney Mike Stuart. “So many felons and so many illegal firearms, too many press releases read the same. That’s okay. We are going to keep arresting and prosecuting them to the fullest extent of the law for the longest prison sentences possible.”
Assistant United States Attorney Meredith George Thomas was in charge of the prosecution. Senior United States District Judge David A. Faber handed down 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Parkersburg Man Pleads Guilty to Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty yesterday to a federal gun charge, announced United States Attorney Mike Stuart. Anthony Michael Mowery, 42, entered his guilty plea to being a felon in possession of a firearm before United States District Judge Joseph R. Goodwin. Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
“Recidivism is real,” said United States Attorney Mike Stuart. “Far too often convicted felons like Mowery, who are prohibited from possessing guns, continue their criminal conduct. Prosecution of felons in possession of firearms is vital to public safety.”
On August 19, 2016, Mowery 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.
Mowery faces up to 10 years in prison when he is sentenced on October 4, 2018. 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Parkersburg Woman Pleads Guilty to Obtaining Hydrocodone by FraudRead the Press Release
CHARLESTON, W.Va. – A Parkersburg woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Amie Nicole VanCamp, 36, entered her guilty plea to obtaining a controlled substance by misrepresentation, fraud, forgery, deception and subterfuge. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the Parkersburg Police Department.
“A medical professional that succumbs to opioid addiction and diverts pain medication away from patients who need it is tragic, and unfortunately, not all that uncommon,” said United States Attorney Mike Stuart. “We will continue to work with DEA and our state and local law enforcement partners to prosecute cases like this as part of our efforts to combat the opioid epidemic.”
VanCamp was formerly employed as a staff nurse by Camden Clark Medical Center in Parkersburg from 2014 until her termination on June 27, 2015. Part of her job at the hospital was administering medication to patients. She admitted that she became addicted to pain pills such as oxycodone and hydrocodone, and on several occasions took pills intended for patients for her personal use. She also admitted that she would fraudulently document that the medication had been dispensed to the patient. She specifically admitted that on June 23, 2015, she took two 5mg hydrocodone pills that were intended for a patient, and instead of dispensing the medication, kept the pills for her personal use and falsely documented in the patient file that the medication had been given to the patient.
VanCamp faces up to four years in federal prison when she is sentenced on October 1, 2018.
Assistant United States Attorney Clint Carte is responsible for the prosecution. United States District Judge John T. Copenhaver, Jr., presided over the plea hearing.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Beckley Woman Sentenced to Federal Prison for Her Role in Drug Trafficking ConspiracyRead the Press Release
Defendant is latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BECKLEY, W.Va. – A Beckley woman was sentenced to federal prison on drug charges, announced United States Attorney Mike Stuart. Detria Carter, 33, of Beckley, previously entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Carter was sentenced to 151 months, or 12 years and 7 months, in federal prison. U.S. Attorney 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.
“Instead of learning a lesson from her brother who was locked up on unrelated drug charges, Detria Carter decides to maintain his drug business,” said United States Mike Stuart. “Now she’ll be spending almost 13 years in federal prison.”
Carter previously admitted that between October 2016 and June 28, 2017, she took part in a drug trafficking conspiracy with multiple participants. During this time period, she was assisting her brother in maintaining a drug trafficking organization while he was incarcerated on unrelated drug charges. The drug trafficking organization was responsible for distributing cocaine, crack cocaine, and heroin in and around Raleigh County. During the course of the conspiracy, Carter admitted to having other participants in the conspiracy cook cocaine into cocaine base or “crack” at her house and to distributing the controlled substances in and around Southern West Virginia.
Additionally, Carter admitted that on May 25, 2017, she was stopped by an officer with the Beckley Police Department. At this time, Carter possessed 996 grams of cocaine, approximately 454 grams of cocaine base, or “crack,” and a quantity of fentanyl. Carter admitted that it was her intent, and the intent of the drug trafficking organization, to distribute these controlled substances in Raleigh County. Police officers also found two firearms within the same bag the controlled substances were found.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Six defendants have been sentenced for their involvement in the drug conspiracy. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Judge Berger also sentenced Rory White of Montgomery to 125 months in federal prison. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison by Judge Berger. Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber. Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone. He was also sentenced by United States District Judge Irene C. Berger. Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018. Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on July 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.
Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.
Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin. Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018.
Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine. He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.
George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone. Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration. David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone. Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl. Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.
Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018. Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. Senior United States District Judge David A. Faber imposed the sentence.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###Wisconsin Man Sentenced for Passport FraudRead the Press Release
CHARLESTON, W. Va. -- An Indian national and Wisconsin resident who attempted to apply for a West Virginia birth certificate using a fake passport was sentenced yesterday to time served and three years of supervised release, announced United States Attorney Mike Stuart. Stuart commended the investigative work of the Diplomatic Security Service within the United States Department of State.
“Attempting to obtain or use false personal identification documents is a serious offense,” said United States Attorney Mike Stuart. “In turn, as a matter of national security, my Office will take cases like this very seriously and prosecute every case to the fullest extent possible.”
Mohammed Maaz, also known as Adam Rizk, 20, pleaded guilty on May 24, 2018, to passport fraud after he submitted a phony Canadian passport purporting to identify his mother to the West Virginia Department of Health and Human Resources in February 2017. He was attempting to obtain a birth certificate that he could then use to fraudulently secure a United States passport. Maaz had been detained since his arrest on March 5, 2018.
Assistant United States Attorney Gabriele Wohl handled the prosecution. The sentence was imposed by United States District Judge Joseph R. Goodwin.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Two Honduran National Men Sentenced for Illegally Reentering the United StatesRead the Press Release
Both defendants had prior misdemeanor convictions for illegally entering the United States
BECKLEY, W.Va. – Jeyson Francisco Sanchez-Castillo and Olvin Alexis Ramos-Diaz both were sentenced to time served for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Sanchez-Castillo, 19, of and Ramos-Diaz, 21, both of Honduras, pleaded guilty on May 2, 2018 and had been in custody since February 28, 2018—nearly four months of federal incarceration. United States District Judge Irene C. Berger remanded both men for deportation proceedings as immigration authorities had placed a detainer on them. United States Attorney Mike Stuart praised the work of Immigration and Customs Enforcement (ICE).
“The revolving door must end,” said United States Attorney Mike Stuart. “If we want a country, we must have a border. If people want to come here, they should get in line and enter legally. Otherwise, they can expect to be prosecuted and deported in every case.”
On February 28, 2018, both Sanchez-Castillo and Ramos-Diaz were arrested by ICE agents, who were conducting targeted law enforcement operations in the Beckley area. Agents observed defendants leaving a home on their way to work to at a restaurant in Beckley, West Virginia. After stopping the cars and confirming their identity, both men admitted they were not in the United States legally and were placed under arrest. ICE agents submitted Sanchez-Castillo’s and Ramos-Diaz’s fingerprints, forensically matching both of them to prior removals from the United States in 2017. They both also forensically matched Texas misdemeanor convictions of Illegal Entry into the United States. After being deported, Sanchez-Castillo and Ramos-Diaz both illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Sanchez-Castillo and Ramos-Diaz are citizens of Honduras.
Assistant United States Attorney Erik S. Goes handled both prosecutions.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Former Federal Prison Official Pleads Guilty to Sex OffensesRead the Press Release
BECKLEY, WV—United States Attorney Mike Stuart announced today that a former Federal Bureau of Prisons official pled guilty to unlawfully engaging in sexual activity with female inmates at the Federal Prison Camp at Alderson. Stuart commended the investigation conducted by the Federal Bureau of Prisons (BOP), the Department of Justice Office of Inspector General and the Federal Bureau of Investigation (FBI).
“The Federal Bureau of Prisons is charged with protecting public safety by ensuring federal offenders serve sentences of imprisonment in safe, secure and humane facilities,” said United States Attorney Mike Stuart. “Grimes’ criminal conduct undermines the very mission of the organization and is not representative of the professionalism BOP expects from employees. Prosecution of cases like this helps to ensure the protection of federal inmates and the integrity of the criminal justice system.”
Jarred Grimes, 39, of Inverness, Florida, pled guilty to four counts of sexual abuse of a ward and two counts of abusive sexual contact involving a ward. Grimes admitted to having sexual intercourse with four inmates and other sexual activity with two other inmates between about November 2016 and December 2017. Grimes was a captain when the crimes occurred, and was in charge of all correctional and security functions at the prison. Under federal law, the inmates were not capable of giving consent to engage in any sexual activity with Grimes. Grimes resigned from the Bureau of Prisons in December 2017. Under the terms of his plea agreement, he faces up to ten years in prison when he is sentenced on October 17, 2018.
Assistant United States Attorney John File is handling the prosecution. United States District Judge Irene C. Berger presided over the plea hearing.
Follow us on Twitter: SDWVNews
###
Charleston Man Pleads Guilty to Federal Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in July 2017 pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Timothy Boggs, 21, entered his guilty plea to an indictment charging him with conspiracy to distribute five grams or more of methamphetamine. Stuart praised the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.
“Excellent teamwork by law enforcement resulted in the conviction of this meth dealer,” said United States Attorney Mike Stuart. “We continue to address the resurgence of meth throughout southern West Virginia communities with aggressive prosecution.”
Boggs admitted that from at least June 2017 to September 2017, he distributed methamphetamine for Melody Legg in Kanawha County. As part of the plea agreement, Boggs admitted to distributing approximately 13 grams of methamphetamine to a confidential informant in July 2017.
Boggs faces at least 5 years but not more than 40 years in federal prison when he is sentenced on October 4, 2018.
The plea hearing was held before United States District Judge Joseph R. Goodwin. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: SDWVNews
###
Three Defendants Sentenced for Roles in Federal Heroin ConspiracyRead the Press Release
Comprehensive drug investigation led to the indictment of nearly a dozen defendants, all of whom have now pled guilty
CHARLESTON, W.Va. – Three defendants implicated in a federal heroin conspiracy were sentenced this week, announced United States Attorney Mike Stuart. Jennifer Benson and Bernard Spann of Parkersburg were sentenced today to 71 and 60 months in prison, respectively, and Dennis Carter of Detroit was sentenced on Monday to 188 months imprisonment, for guilty pleas each previously entered to conspiracy to distribute 100 grams or more of heroin. Stuart commended the collaborative investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Parkersburg Drug Task Force, the West Virginia State Police, the Wood County Sheriff’s Department, and the Police Departments of the cities of Parkersburg, Vienna, and Williamstown.
“This case brought down a significant heroin distribution network operating in and around Parkersburg,” said United States Attorney Mike Stuart. “The citizens of Wood County are no doubt safer as a result of this prosecution. I applaud the thorough investigation conducted by our federal, state and local partners which resulted in 11 convictions and lengthy sentences in this case.”
Benson, Spann, and Carter previously admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. Benson and Carter admitted distributing between one and three kilograms of heroin, while Spann admitted to distributing between 100 and 400 grams of heroin.
Debra Martin, Joseph Reeder-Shaw, Ralph White, Jonathan Brown, Heather Wells, Kennedy Walker, Rachel Kuhn and Sir Pritis Williams, all codefendants involved in the same conspiracy as the three defendants sentenced this week, will be sentenced in August.
Assistant United States Attorney John Frail is in charge of these prosecutions. The plea hearings were held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Charleston Man Indicted on Hate Crime ChargeRead the Press Release
The Justice Department today announced that John Perry Taylor IV, 34, from Charleston, West Virginia, was indicted by a federal grand jury in the Southern District of West Virginia on a charge of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
The indictment alleges that on or about the evening of Oct. 7, 2017, and into Oct. 8, 2017, in the Southern District of West Virginia, Taylor willfully caused bodily injury to a woman, A.P. The indictment alleges that Taylor caused bodily injury to A.P. using a dangerous weapon because of A.P.’s actual and perceived sexual orientation. Specifically, Taylor made derogatory comments regarding A.P.’s actual and perceived sexual orientation and used a glass bottle to hit A.P. multiple times on her head, causing her to suffer a laceration, bruising, and pain.
If convicted, Taylor faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Civil Rights Division Trial Attorney Christine M. Siscaretti and Assistant United States Attorney Gabe Wohl.
Federal Grand Jury Indicts West Virginia Supreme Court of Appeals JusticeRead the Press Release
Supreme Court Justice Charged with Obstruction of Justice and other federal Crimes
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that West Virginia Supreme Court of Appeals Justice Allen H. Loughry II, 47, of Charleston, West Virginia, was charged by a federal grand jury in a 22-count Indictment that was unsealed today. Loughry is a Justice on the West Virginia Supreme Court of Appeals, who was elected in November 2012 and sworn in on January 1, 2013. The 22-count Indictment charges Loughrywith numerous fraud, false statements, and witness tampering offenses.
“A federal grand jury has charged a Justice on the state’s highest court with numerous and serious federal crimes,” said United States Attorney Mike Stuart. “This is a solemn day for all West Virginians. On this day—West Virginia Day—the people of our great state deserve better. They 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 people have the honest government they deserve.”
Loughry is accused of using a government vehicle and submitting mileage claims for reimbursement; using a government vehicle and credit card on personal trips; and unlawfully converting to his own use a historically significant piece of furniture – a Cass Gilbert desk. Justice Loughry was also indicted for attempting to corruptly obstruct and influence testimonial evidence of a Supreme Court employee in an imminent grand jury investigation.
"Public corruption is a top investigative priority for the FBI," said Assistant Special Agent in Charge Nick Boshears. "It erodes public confidence and undermines the Rule of Law. We want the people we serve to know the FBI will hold those accountable who betray the public's trust."
This morning, at approximately 7:30 a.m., Justice Loughry was arrested at his home by the FBI and brought to the Robert C. Byrd Courthouse in Charleston, West Virginia for processing and to schedule arraignment. The arrest of Justice Loughry was without incident and it is not expected he will be detained pending trial in this matter.
“For the past several weeks, public officials across West Virginia have been quick to condemn Justice Loughry, perhaps with the hope that the crisis in public confidence with the Supreme Court could be expediently resolved by lodging all culpability on just one person – Justice Loughry,” said United States Attorney Mike Stuart. “That may or may not, however, be the case. Our work continues on many fronts, including additional areas of corruption. I urge public officials and the public to respect this process and allow the process to play out.”
“I want to praise the hard and thorough work of several law enforcement partners, agencies and individuals,” said United States Attorney Mike Stuart. “The amazing work of the FBI, the West Virginia Legislative Commission on Special Investigations, the Internal Revenue Service—Criminal Investigation Division, and Assistant United States Attorneys Philip H. Wright, L. Anna Forbes, and Eric Bacaj. Late nights, long weekends, and hours and hours of investigative work – the FBI, WV-CSI, and my prosecutors are to be strongly commended.”
The 22-count Indictment charges Loughry with sixteen counts of mail fraud (Counts 2, 3, 4-17), which carry a penalty of up to 20 years for each count; two counts of wire fraud (Counts 1 and 18), which carry a penalty of up to 20 years for each count; three counts of making false statements to a federal agent (Counts 19-21), which carry a penalty of up to 5 years for each count; and one count of witness tampering (Count 22), which carries a penalty of up to 20 years. If convicted on all counts in the Indictment, Loughry faces a possible sentence of up to 395 years in prison, a fine of $5.5 million, and a term of supervised release of up to 3 years.
A copy of 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Huntington Felon Pleads Guilty to Illegally Possessing AmmunitionRead the Press Release
HUNTINGTON, W.Va. - A Huntington man pled guilty today to being a felon in possession of ammunition, announced United States Attorney Mike Stuart. Landrius Tyree Boose, 34, entered his guilty plea to possession of ammunition by a prohibited person. U.S. Attorney Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“A defendant like Boose would often be prosecuted in state court,” said United States Attorney Mike Stuart. “However, as part of Project Huntington, defendants like Boose are being prosecuted federally because the federal system has stiffer penalties for gun crimes. We are working closely with the Cabell County Prosecuting Attorney’s Office to review drug and gun cases to determine the best venue for prosecution.”
On March 22, 2018, a Huntington Police Officer on patrol observed a Honda Accord with an expired registration sticker. The officer activated his emergency lights and began pursuing the vehicle. Boose, the driver of the Honda, admitted that he attempted to flee from the officer by speeding through a residential area of Huntington and crossing several busy intersections while not yielding or stopping for oncoming traffic. Boose further admitted that he eventually stopped at a parking lot, exited the car, and fled on foot.
Law enforcement soon apprehended Boose, and he admitted that he was carrying a backpack with a box of .45 caliber bullets. Boose additionally admitted that he had a set of digital scales and $380 cash in his pockets. Boose was prohibited from possessing ammunition under federal law because of a 2009 felony drug conviction in Cabell County Circuit Court.
Boose faces up to 10 years in federal prison when he is sentenced on September 18, 2018.
Assistant United States Attorney Clint Carte is 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Former Mason County Deputy Pleads Guilty to Federal Gun ChargeRead the Press Release
HUNTINGTON, W.Va. – A former Mason County Deputy Sheriff pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Terry Lee Powell, 42, of Point Pleasant entered his guilty plea to possession of a stolen firearm before United States District Judge Robert C. Chambers. Stuart commended the investigative efforts of the West Virginia State Police and the Mason County Sheriff’s Department.
“I often tell folks that one of my greatest honors as United States Attorney is being able to work every day with West Virginia law enforcement officers who are the best of the best,” said United States Attorney Mike Stuart. “The overwhelming majority of our law enforcement officers conduct themselves with honor and integrity, and this United States Attorney will have their backs every single day. However, when a law enforcement official breaks the law, my office will prosecute them to the fullest extent of the law. For a law enforcement officer such as Powell to steal a gun and sell it to a drug dealer is unconscionable, a violation of public trust, a rebuke of the very law he swore to uphold, and a disgrace to his fellow officers.”
Powell admitted that on July 4, 2015 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 will be sentenced on July 30, 2018. Powell faces up to ten years in federal prison when he is sentenced on September 18, 2018.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Former Cabinet Secretary Pleads Guilty to Embezzling Fire Department FundsRead the Press Release
He stole over $178,790 between 2013 and 2016 from Teays Valley Fire Department
In Separate Embezzlement Scheme Wife Embezzles over $75,000 from the Same Fire Department
HUNTINGTON, W.Va. – A Hurricane man and former West Virginia Cabinet Secretary pled guilty today to embezzling $178,790 from the Teays Valley Volunteer Fire Department, as well as to a related tax crime, announced United States Attorney Mike Stuart. Clifford Keith Gwinn, 64, formerly the Cabinet Secretary of the West Virginia Department of Veterans Assistance, faces up to 15 years in prison, a $500,000 fine, 3 years of supervised release and a $200 special assessment when he is sentenced on September 17, 2018. He has agreed to pay restitution to the Fire Department in the amount of $178,790 and to the Internal Revenue Service in the amount of $68,281. U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Office of Inspector General for the U.S. Department of Homeland Security, and the West Virginia Commission on Special Investigations.
“Egregious criminal conduct,” said United States Attorney Mike Stuart. “To steal from our first responders, those that save our lives and protect our homes, for personal greed is beyond comprehension. It’s disappointing to say the least that a former public official serving at the highest levels of West Virginia state government would steal from first responders, the very folks who would run into danger to save him. It’s tragic. My team stands ready to aggressively prosecute elected officials who violate the basic public trust of honest service.”
Gwinn admitted that as Vice President and fiscal officer of the Fire Department, he was in charge of the financial affairs of the Fire Department and exercised significant control over the Fire Department’s finances. He admitted that his duties included reporting income and expenditures to the Fire Department, preparing and submitting taxes for the Fire Department, and assisting with applications and reimbursements for federal grants, among other duties. He further admitted that he, without authorization from the Fire Department, opened a Fire Department bank account where only he had signature authority, transferred funds into that account without the knowledge or authorization from the Fire Department, ensured certain health care insurance company reimbursements were deposited into that account, and wrote himself checks and checks to cash out of that account, which he then typically cashed. He admitted that he further instructed the Fire Department’s Treasurer to write him checks from other Fire Department bank accounts and further misrepresented the amount of bank account balances to the Fire Department officers and board members. He also admitted that he structured withdrawals out of the Fire Department’s accounts in series of transactions below $10,000, to prevent the banks from filing Currency Transaction Reports. While he admitted that he systematically deposited cash into Fire Department bank accounts, his overall withdrawals and payments received significantly overwhelmed the amount of any deposits. He also admitted that he had no authorization to write himself checks or receive and cash checks from the Fire Department, and was not entitled to any compensation.
During the period from 2013 through 2016 that Gwinn embezzled $178,790 in Fire Department funds, the Teays Valley Volunteer Fire Department received grants from the Federal Emergency Management Agency (FEMA), an agency of the United States Department of Homeland Security. These grants allowed the Fire Department to pay firefighters and to purchase and maintain equipment.
Furthermore, Gwinn admitted that that while he was Vice President and fiscal officer for the Fire Department, the Fire Department withheld taxes from its employee’s paychecks, including federal income taxes, Medicare, and social security taxes, together known as payroll taxes. He admitted that he knew that he had the corporate responsibility to collect, truthfully account for, and pay over the Fire Department’s payroll taxes. Gwinn admitted that from October 31, 2015 through April 30, 2017, while Gwinn was a responsible person for payroll taxes, Fire Department failed to account for and pay over approximately $61,421.31 in payroll taxes.
Gwinn further admitted that when he filed his personal income tax returns with the IRS, those returns were false because they failed to account for the funds he had embezzled from the Fire Department.
In a related prosecution, but separate embezzlement scheme, Gwinn’s wife, Kathy Sue Gwinn, 52, was sentenced yesterday for embezzling over $75,000 from the Teays Valley Volunteer Fire Department. Kathy Gwinn was ordered to jail for a weekend a month for five months, ten months home confinement, and 3 years supervised release, plus probation.
Gwinn formerly served as the Treasurer of the Teays Valley Volunteer Fire Department. As Treasurer, she generated payroll checks for firefighters and signed the payroll checks on a Fire Department bank account. Gwinn volunteered for the Fire Department, and had no authority to write herself checks, nor was she entitled to wages, salary, or compensation for her role as Treasurer. Beginning in October 2014, and continuing through March 2017, she printed and wrote herself unauthorized checks from the Fire Department’s payroll account, noting on the memo line of the checks that the checks were for payroll, overtime, or tax preparation. Gwinn moved money from one fire department bank account into the bank account primarily used for payroll, and when she transferred those funds, she inflated the amount of the transfer to include enough to cover the unauthorized checks she planned to write to herself. Over the course of her scheme, she embezzled $75,356.70. Gwinn was ordered to pay this amount in restitution.
During the period Gwinn embezzled funds, the Teays Valley Volunteer Fire Department received grants from FEMA, an agency of the United States Department of Homeland Security. These grants allowed the fire department to pay firefighters and to purchase and maintain equipment.
Assistant United States Attorney Meredith George Thomas was in charge of the prosecutions. United States District Judge Robert C. Chambers presided over the hearings.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Ohio Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – A Zanesville, Ohio man who possessed methamphetamine and a firearm in Huntington in 2017 pled guilty today to federal gun and drug charges, announced United States Attorney Mike Stuart. Rico Rodriquez Allen, 43, entered his guilty pleas to possessing with the intent to distribute methamphetamine and possessing a firearm during and in relation to a drug trafficking crime. Stuart praised the work of the Huntington Police Department.
“Yet another armed, out-of-state drug dealer caught peddling poisons in Huntington,” said United States Attorney Mike Stuart. “And yet another armed, out-of-state drug dealer that my office has prosecuted to the fullest extent of the law. It will be a long time before Allen has a chance to step foot in Huntington again.”
On September 16, 2017, an officer with the Huntington Police Department was dispatched to a 911 call of a man slumped over his steering wheel on a private driveway in Huntington. When officers arrived, Allen refused to exit the vehicle. As Allen was removed from the vehicle, a Glock 22 pistol fell from underneath Allen. Officers then obtained a search warrant for the vehicle. Officers recovered approximately 162 grams of methamphetamine from a void in the center console. Officers also recovered approximately 100 baggies, two digital scales, and four telephones.
Allen faces not less than 5 years nor more than 40 years in federal prison for the drug charge, and a mandatory minimum consecutive term of at least 5 years in federal prison for the gun charge, when he is sentenced by United States District Judge Robert C. Chambers on September 17, 2018. Assistant United States Attorney Stephanie S. Taylor 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Detroit Man Sentenced to Twenty Years in Prison for Heroin ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who led a multi-year conspiracy to distribute heroin in the Huntington area was sentenced today to 20 years in federal prison, announced United States Attorney Mike Stuart. Charles Duncan Pippins, 49, was previously convicted following a jury trial in January 2018 of conspiracy to distribute 100 grams or more of heroin. Pippins also pled guilty to the other indicted charges – one count of distributing heroin and one count of possessing heroin with intent to distribute. Stuart commended the investigation conducted by the Cabell County Sheriff’s Department.
“This sentence should put other Detroit drug dealers on notice,” said United States Attorney Mike Stuart. “If you come into our communities selling dangerous drugs like heroin and fentanyl, we will lock you up for a very long time.”
During the trial, witnesses for the United States testified that from the summer of 2013 to September 2016, Pippins conspired with others to distribute over 100 grams of heroin in the Huntington area. The evidence showed that during the course of the conspiracy, Pippins recruited multiple co-conspirators who transported heroin on his behalf from his residence in Detroit to Huntington. Witnesses testified that Pippins used the same individuals to distribute heroin, and to rent hotel rooms in their names, which he used for selling heroin. The evidence further showed that Pippins would front heroin to individuals to sell, and that they would bring the cash proceeds back to him at hotels in Huntington or at his residence in Detroit.
Pippins also pleaded guilty to the other indicted charges, admitting that on September 12, 2016, deputies with the Cabell County Sheriff’s Department used a confidential informant to make a controlled purchase of heroin from Pippins. The informant traveled to the Days Inn Hotel located on U.S. Route 60 in Huntington, where Pippins distributed heroin to the informant. Deputies executed a search warrant on his room, and as agents entered, Pippins flushed heroin down the toilet. During the search of the room, deputies seized approximately six grams of heroin that Pippins admitted he intended to sell. An analyst with the West Virginia State Police Forensic Laboratory confirmed that the heroin was mixed with fentanyl, a powerful opiate painkiller.
At today’s sentencing hearing, the Court found that Pippins was responsible for the distribution of at least 3 kilograms of heroin during the conspiracy. The Court also imposed an increased sentence based on Pippins’ role as an organizer and leader of the conspiracy.
Assistant United States Attorneys Joseph F. Adams and Matt Davis handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This case was part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Branchland Man Second to Plead Guilty in Theft of Firearms from Gun DealerRead the Press Release
HUNTINGTON, W.Va. – A Branchland man who helped break in a local pawn shop and steal firearms pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart. Jonathan Chafin, 18, entered a guilty plea to theft of firearms from a federally licensed firearms dealer before United States District Judge Robert C. Chambers. Stuart applauded the investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with assistance from the West Hamlin Police Department.
“Theft of firearms is a very serious crime,” said United States Attorney Mike Stuart. “Stolen firearms most often end up in the wrong hands and involved in violent crimes – crimes that could kill law enforcement and other innocent people. We cannot and will not tolerate such reckless disregard for the safety of our citizens. Chafin and his codefendant should pay a serious price for their crimes. ”
On December 7, 2017, Chafin and Robert Lee Reid broke into Sportsmen’s Gun and Pawn located at 6440 US Route 60 in Barboursville to steal firearms. Reid entered Sportsmen’s through a hole he and Chafin broke in the wall and stole a total of 10 firearms. While inside, Reid passed the firearms through the hole in the wall to Chafin who waited outside. Chafin and Reid were subsequently picked up in a vehicle and the vehicle was stopped in West Hamlin by a West Hamlin Police Officer. During the traffic stop, the officer located the stolen firearms in the rear of the vehicle where Chafin and Reid were seated. As part of his plea, Chafin also admitted that he assisted Reid in the May 15, 2017, theft of a total of 164 firearms, also from Sportsmen’s.
Chafin faces up to 10 years in federal prison when he is sentenced on September 18, 2017.
Reid pleaded guilty on June 11, 2017, to multiple federal firearms charges for his role in the thefts and is scheduled to be sentenced on September 10, 2017.
Assistant United States Attorney Joseph F. Adams is handling 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###Project Huntington: Operation Saigon Sunset Nets Additional Federal ArrestRead the Press Release
ARREST MADE IN DETROIT OF CO-CONSPIRATOR IN LARGE MULTI-STATE HEROIN AND FENTANYL DISTRIBUTION NETWORK
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement on Friday’s arrest of Terrell Ledez Redd in Detroit:
“On Friday, June 15, 2018, Terrell Ledez Redd, a major target in the Peterson Drug Trafficking Organization (DTO), was arrested in Detroit. Redd was one of 15 defendants charged in a federal indictment as co-conspirators in the Peterson DTO, a large, multi-state heroin and fentanyl distribution network. Redd will be brought to Huntington where this U. S. Attorney’s Office will move to detain him pending his trial. I am proud that my prosecutors have successfully fought for the detention of all the other defendants charged in this indictment and the revolving door is no more.
Project Huntington and Operation Saigon Sunset was a seminal event in the history of Huntington. On April 17, 2018, a strong statement was made by a large-scale, collaborative operation conducted by federal, state and local law enforcement agencies that we will not tolerate drug thugs and criminal elements wreaking havoc in Huntington. Our intention was to take back the city’s streets in the interest of public safety and that’s exactly what we are doing.
Our work continues and we have much work left to do. However, any drug thugs thinking they have escaped the net we’ve cast should be looking over their shoulder because this United States Attorney, in partnership with federal, state and local law enforcement, is willing to knock down their doors, take them into custody and prosecute them to the fullest extent of the law.”
For background information on Project Huntington and Operation Saigon Sunset, please see the press release below dated April 17, 2018.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
TUESDAY, APRIL 17, 2018
Contact: Deanna Eder – (304) 345-2200
www.justice.gov/usao/wvs
MAJOR TAKEDOWN DISMANTLES MULTI-STATE HEROIN AND FENTANYL NETWORK
Project Huntington: Operation Saigon Sunset Takes At Least 450 Grams of Fentanyl – Enough to Kill More than 250,000 People -- Off Streets
Federal, State and Local Enforcement Effort Nets Related Narcotics, Violent Crime and Firearms Targets
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today a major takedown of drug traffickers and related drug networks recently indicted by a federal grand jury in Huntington, as well as other narcotics, violent crime and firearm related targets. Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration Special Agent in Charge (SAC) Chris Evans, Federal Bureau of Investigation Assistant Special Agent in Charge (ASAC) Nick Boshears, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge (SAC) Stuart Lowrey, Homeland Security Investigations Assistant Special Agent in Charge (ASAC) Dave Abbate, Huntington Mayor Steve Williams, Huntington Interim Police Chief Hank Dial, West Virginia State Police Captain Mike LaFauci, West Virginia National Guard Adjutant General James Hoyer, Cabell County Prosecuting Attorney Sean “Corky” Hammers, U.S. Marshal Michael Baylous, Cabell County Sheriff Chuck Zerkle, Wayne County Sheriff Rick Thompson, Marshall University Police Chief Jim Terry and AHIDTA State Director Kenny Burner.
In response to a growing opiate epidemic and violent crime in southern West Virginia, United States Attorney Stuart announced the formation of Project Huntington on March 15th alongside federal, state and local law enforcement partners. Today, in a takedown of federal and state targets, nearly 100 defendants have been targeted for arrest including the execution of Operation Saigon Sunset and related search warrants in Huntington, WV. It is believed that today’s actions will result in the dismantling of the Peterson Drug Trafficking Organization (DTO), a major multi-state heroin and fentanyl distribution network. In addition to the dismantling of the Peterson DTO, federal, state and local law enforcement are executing arrests for related violent elements including narcotics and firearms targets.
Today’s actions break down as follows:
- At least 15 individuals involved in the Peterson DTO have been charged in a federal indictment in the Southern District of West Virginia with conspiracy to distribute heroin and fentanyl;
- 15 individuals involved in the Peterson DTO were indicted yesterday in Cabell County Circuit Court on state charges;
- Additional members of the Peterson DTO will be arrested and charged in Detroit;
- 13 individuals involved in narcotics and/or firearms that have been charged in federal indictments in the Southern District of West Virginia; and
- At least 48 individuals are targeted for arrest on various narcotics, violent crime, and firearms related charges at the federal or state level as determined by the circumstances of each matter.
As an indication of the scale of the operation, over 200 federal, state and local law enforcement officers took part in today’s take-down effort. The West Virginia National Guard also provided a number of personnel in a support function to the operation.
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 Drug Enforcement Administration and the Violent Crime and Drug Task Force West, with assistance from the Michigan State Police and the Ohio Highway Patrol. The U.S. Attorney’s Office for the Southern District of West Virginia and the Eastern District of Michigan, as well as the Cabell County Prosecuting Attorney’s Office, worked together hand-in-hand to remove these dangerous drug traffickers from the streets of Huntington and Detroit.
In conjunction with the arrest and search warrants executed in Huntington today, it is anticipated federal authorities in Detroit will soon be executing additional arrest warrants and search warrants. Additional charges will be brought against individuals in the Eastern District of Michigan.
“Our great country has never seen drug deaths like we’re seeing today,” Attorney General Jeff Sessions said. “Under President Trump’s strong leadership, the Department of Justice has taken historic new actions to put drug traffickers in jail and keep dangerous drugs out of the wrong hands. I want to thank all of our partners at DEA, FBI, ATF, the Marshals Service, Homeland Security Investigations, as well as our fabulous partners at the state and local levels for their hard work. Today’s charges against at least 90 defendants will help make the people of West Virginia and Michigan safer from the threat of dangerous drugs—and they bring us one step closer to ending the opioid epidemic.”
“Today’s actions have removed from our streets enough fentanyl to kill more than 250,000 people and massive amounts of other drugs that would have wreaked havoc and misery on our good citizens. Today is a turning point for the City of Huntington and in the war against the opiate nightmare,” said US Attorney Stuart. “Best yet, today’s actions have resulted in the destruction of a supply network, the supplier of suppliers of illicit drugs. The peddlers of poisons like heroin and fentanyl are in the crosshairs of this Administration and law enforcement. We still have work to do but the days of havoc, chaos and misery caused by the peddlers of illicit poisons are soon to be over.”
“Today, on tax day, the citizens of Huntington and the surrounding area got their money’s worth, said Huntington Mayor Steve Williams. “Thanks to the coordination of our federal, state and local law enforcement agencies our city is safer. I thank United States Attorney Mike Stuart and Major General Jim Hoyer of the West Virginia National Guard for their steadfast support. The men and women of every law enforcement agency are owed a monumental debt of gratitude for placing their lives in harm’s way to make our families safe.”
The investigation revealed that the Peterson DTO had been operating in Huntington for nearly 15 years, trafficking large amounts of heroin, fentanyl, and cocaine from Detroit to be sold in Huntington in street-level gram quantities. In August 2017, investigators with the Violent Crime and Drug Task Force West (“VCDTFW”) executed a search warrant at Manget Peterson’s residence and an associated hotel room, where Manget Peterson’s workers were distributing heroin. These searches resulted in the seizure of two handguns, over seventy half gram baggies of heroin ready for distribution, and other evidence of drug trafficking. Manget Peterson’s brother, Willie Peterson, was identified as the leader and drug supplier of the organization. Multiple sources advised that the Peterson DTO distributed kilogram quantities of heroin in Huntington, West Virginia, on nearly a weekly basis, using a network of re-distributors.
Law enforcement learned that the DEA in Detroit had opened an investigation into Willie Peterson, after a search of his residence in July 2017 resulted in the seizure of over 360 grams of fentanyl. The DEA’s investigations in West Virginia and in Detroit have resulted in investigators seizing additional drug loads and to the identification of two of Willie Peterson’s drug suppliers in Detroit, Michigan. As of April 3, 2018, law enforcement has seized approximately 760 grams of suspected heroin, 450 grams of suspected fentanyl, and 167 grams of suspected cocaine. The fentanyl seized prior to today’s actions could have resulted in the death of more than 250,000 people.
This morning, Manget Peterson was apprehended in Huntington and his brother, Willie Peterson, was apprehended in Detroit. Malcolm Simmons was also arrested in Detroit this morning.
According to Chris Evans, Special Agent in Charge of DEA’s Louisville Division Office, “Today’s round-up sends a clear message to the people of Huntington and all of West Virginia: drug traffickers who come here to destroy our communities will be aggressively pursued by DEA, in conjunction with West Virginia’s federal, state and local law enforcement components.”
“ATF is committed to working with our federal, state and local law enforcement partners and the United States Attorney’s Office to reduce violent crime in Huntington,” said Stuart Lowrey, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in West Virginia and Kentucky. “Together we will identify and investigate armed violent offenders and their illicit sources of guns. Traffickers and triggerpullers – beware.”
“We are building a collaborative approach here in Huntington,” said Interim Huntington Police Chief Hank Dial. “Day in and day out we go after criminals who are bringing these drugs into our community and work to get people into much needed treatment. We greatly appreciate our state and federal partnering agencies bringing their powerful resources to our community. There is one thing the good people of Huntington and the bad people in Huntington have in common, they both deserve today.”
In the Southern District of West Virginia, 15 individuals have been charged in a federal indictment with conspiracy to distribute heroin and fentanyl. 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Statement of United States Attorney Mike Stuart Regarding the Department of Justice's Zero Tolerance Prosecution Policy on Illegal Entries at the Southwest BorderRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
“I strongly commend the Administration and Attorney General Sessions for the “zero tolerance” prosecution policy at the border. The laws of this country must be respected by those who want to enter the United States. Line skippers undermine the administration of justice and illegal aliens are dangerous to public safety and a risk that terrorists could undermine the weaknesses inherent in our border entry system. Re-entry by an illegal is a felony and my office prosecutes every single case one hundred percent of the time. We are supposed to enforce the laws of the United States and my office does every day. Prosecutors should not pick and choose the laws they enforce. If you cross the border unlawfully and make your way to the southern district of West Virginia, we will prosecute you to the fullest extent of the law. That is what the law calls for and that is what we shall do. It’s dangerous to cross the border illegally and bringing children along for the trip is even more dangerous. We take violations of American law extremely seriously and intend to enforce the law in defense of public safety and American citizens.”
Please see the remarks below of Attorney General Jeff Sessions addressing recent criticisms of zero tolerance and separating families made by church leaders.
Follow us on Twitter: @SDWVNews and @USAttyStuart
FOR IMMEDIATE RELEASE
THURSDAY, JUNE 14, 2018
ATTORNEY GENERAL SESSIONS ADDRESSES RECENT CRITICISMS OF ZERO TOLERANCE BY CHURCH LEADERS
Fort Wayne, IN
First- illegal entry into the United States is a crime—as it should be. Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained them for the purpose of order.
Remarks as prepared for delivery
Thank you, Tom for that kind introduction; thank you for your eight years of service to the Department of Justice, and congratulations on your appointment as United States Attorney.
Thank you to the Fort Wayne Rotary Club, the Fort Wayne Business Forum, the Allan County Bar Association—and most of all thank you to law enforcement officers from the federal, state, and local levels.
Thank you all for being here.
It is good to be back in the Hoosier state. On my previous trip, I enjoyed being with your dedicated and professional Attorney General Curtis Hill as we explored the 10 Point Coalition neighborhood.
This is an exciting and important time. We have an historic opportunity to—finally—fix an immigration system that has been broken for decades.
The American people have been begging and pleading with our elected officials for an immigration system that is lawful and that serves our national interest—one that we can be proud of. There is nothing mean-spirited about that. They are right, decent and just to ask for this.
But for more than a decade now, the elites and Washington insiders have prioritized the interests of certain corporate interests and activist groups over what is best for the American people.
Beginning in 2009, the previous Administration released most aliens apprehended at the border who requested asylum into the United States with a document asking them to show up for a hearing at some later date. Word spread quickly that by asserting a fear of returning to one’s home country, one could remain in the United States.
The results are just what one would expect. The number of illegal entrants has surged. Asylum claims skyrocketed, and the percentage of meritorious asylum claims— those actually granted— declined.
That’s because the vast majority of the claims are not valid. For the last five years, only 20 percent of claims have been found to be meritorious after a hearing before an Immigration Judge. In addition, some fifteen percent are found invalid by during the initial screening by the U.S. Citizenship and Immigration Service.
In addition, in 2009, the Department of Homeland Security reviewed more than 5,000 initial asylum screenings. By 2016, only seven years later, that number had increased to 94,000. The number of these aliens placed in immigration court proceedings went from fewer than 4,000 to more than 73,000 by 2016—nearly a 19-fold increase.
This cannot continue.
Compounding this problem, the previous administration wouldn’t prosecute illegal aliens who entered the country with children. It was de facto open borders.
The results were unsurprising. More and more illegal aliens started showing up at the border with children. To illustrate, in 2013, there were fewer than 15,000 family units apprehended crossing our border illegally between ports of entry. Five years later, it was more than 75,000—a five-fold increase in five years. It didn’t even have to be their child—it could be anyone. You can imagine the horrible abuses that resulted.
The open borders, pro-amnesty crowd encouraged that—and they have the gall to attack those of us who want to end this lawlessness and the dangers these children face.
And then there was the time that President Obama used his pen and phone to do something he said he couldn’t legally do. In July 2012—a few months before he was up for re-election—President Obama announced that he would give legal status to 800,000 illegal aliens—along with work authorization and other benefits, like Social Security. Congress had rejected this proposal on multiple occasions—but President Obama did it anyway.
Again, the result was not a surprise: the number of unaccompanied alien children arriving at our border nearly doubled in one year. The next year, it doubled again.
That could hardly be a coincidence. The President had sent the wrong message. Criminal networks spread the lie that kids could get amnesty. As a result, tens of thousands of vulnerable children made the dangerous journey North—with terrible humanitarian consequences.
And then, in 2014, the Obama Administration doubled down and attempted to expand its unlawful amnesty to any illegal alien here since 2010.
Towards the end of the last administration, prosecutions for illegal entry and reentry both declined, and sanctuary policies were encouraged, eroding relationships with state and local law enforcement officers that had taken decades to build.
Sanctuary policies are when cities or states refuse to cooperate with federal immigration enforcement. If they’ve got somebody in custody who is wanted for deportation—they release them back into the community. At their root, they are a rejection of all immigration law. If you won’t deport somebody who came here illegally and then committed another crime—then who will you deport?
Meanwhile in Congress, efforts to end illegal immigration have been blocked at every turn. Any law enforcement policies are attacked by open borders radicals and well-paid lobbyists.
Every time something is proposed that would end illegal immigration, it gets blocked. If it works, it gets blocked. If it doesn’t work—if it won’t end illegal immigration—then the elites and the Washington insiders are all for it.
Eric Holder—my predecessor as Attorney General of the United States—supports sanctuary laws. Here is his legal defense of sanctuary policies: “states have the power over the health and safety of their residents and the allocation of state resources.” That’s it. It’s almost a non sequitur. The question is whether cities and states have the right under the Constitution to actively undermine the supreme law of the land—a question that has been settled repeatedly in the negative since 1819.
Our elites—who seem to think that they are also our betters—don’t like our immigration system; they know they don’t have the votes to change it—and so they have willingly embraced illegality. It is outrageous.
But the Trump administration is working to restore legality to the system and undo the damage that was done in the Obama years.
Unfortunately there has been a lot of misinformation out there on what we at the Department of Justice are doing. The reports have been so wrong that some people might even call it “fake news.”
So let me clear a few things up.
Yes, we are pursuing a “zero tolerance” prosecution policy at the border.
Under the laws of this country, illegal entry is a misdemeanor. Re-entry after having been deported is a felony.
Under the law, we are supposed to prosecute these crimes. Accordingly, I have ordered our prosecutors to pursue 100 percent of the illegal entries on the Southwest border that DHS refers to us.
If you cross the Southwest border unlawfully, then the Department of Homeland Security will arrest you and the Department of Justice will prosecute you. That is what the law calls for—and that is what we are going to do. Having children does not give you immunity from arrest and prosecution. It certainly doesn’t give immunity to American citizens.
However, we are not sending children to jail with their parents. The law requires that children who cannot be with their parents be placed in custody of the Department of Health and Human Services within 72 hours.
We currently spend more than $1 billion a year in taxpayer dollars taking care of unaccompanied illegal alien minors. Most are in HHS custody. They are provided food, education in their native language, health and dental care, and transported to their destination city—all at taxpayer expense.
It should be noted the perils to which these parents subject their children. Hundreds of aliens die every year trying to make it to the border to illegally enter this country. In many cases, children are trafficked, abused, or recruited by criminal gangs. No one should subject their child to this treacherous journey—and yet the open borders lobby encourages it every day.
But the Trump administration is ending the Obama-era incentives to bring children here illegally. Last September, the Trump administration ended DACA. We agree with President Obama: he didn’t have the legal authority to give any legal status to illegal aliens without Congress. That’s why this unlawful policy is over.
And now that DACA is over, the criminals can’t spread the lie that kids can get amnesty.
Our policies are discouraging people from making children endure that treacherous journey. Everything the open borders lobby is doing is encouraging that and endangering these children. It’s that simple.
There’s only one way to stop this and that is for people to stop smuggling children. Stop crossing the border illegally with your children. Apply to enter lawfully. Wait your turn.
We have also returned the asylum process to what Congress intended it to be.
If you don’t meet the requirements for asylum in this country, then you do not receive asylum here. That should not be a controversial idea.
Let me take an aside to discuss concerns raised by our church friends about separating families. Many of the criticisms raised in recent days are not fair or logical and some are contrary to law.
First- illegal entry into the United States is a crime—as it should be. Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained them for the purpose of order.
Orderly and lawful processes are good in themselves and protect the weak and lawful.
Our policies that can result in short term separation of families is not unusual or unjustified. American citizens that are jailed do not take their children to jail with them. And non-citizens who cross our borders unlawfully —between our ports of entry—with children are not an exception.
They are the ones who broke the law, they are the ones who endangered their own children on their trek. The United States on the other hand, goes to extraordinary lengths to protect them while the parents go through a short detention period.
Please note, Church friends, that if the adults go to one of our many ports of entry to claim asylum, they are not prosecuted and the family stays intact pending the legal process.
The problem is that it became well known that adults with children were not being prosecuted for unlawful entry and the numbers surged from 15,000 in 2013 to 75,000 four years later. That policy was a declaration of open borders for family units.
Importantly, children are far more at risk attempting entry in remote areas.
I have given the idea of immigration much thought and have considered the arguments of our Church leaders. I do not believe scripture or church history or reason condemns a secular nation state for having reasonable immigration laws. If we have them, then they should be enforced. A mere desire to benefit from entry to the nation does not justify illegal entry. And, there are of course adverse consequences to illegal actions.
Once again, let me state that this nation has perhaps the most generous laws in the world.
My request to these religious leaders who have criticized the carrying out of our laws to also speak up strongly to urge anyone who would come here to apply lawfully, to wait their turn, and not violate the law.
Under the INA, asylum is available for those who leave their home country because of persecution or fear on account of race, religion, nationality, membership in a particular social group, or political opinion. Asylum was never meant to solve all problems—even all serious problems— that people face every day all over the world.
You may have heard that I have “restricted” asylum eligibility or “denied” asylum eligibility to certain people. But that’s not exactly right.
I have not made new law—I have simply restated and implemented what Congress has passed: asylum is generally not for those who have suffered a private act of violence. It is for members of groups who are persecuted by the state or whom the state will not protect from persecution. Members of those groups cannot go somewhere else in their home country. Most victims of private crimes can.
Think about it. There are victims of crime all over the world—1.2 million violent crimes are committed every year in this country alone. Are all 1.2 million of these victims automatically entitled to asylum in Canada, the United Kingdom, or anywhere else they choose?
We have to make a choice: do we continue to allow the word to spread that you can come here illegally and there will be no consequences—or do we finally send the message that we enforce our laws? In the Trump administration, we enforce the law.
There is no right or entitlement—legal or moral—to come to this country. Immigration is a privilege that the American people have chosen to grant in certain cases. And let me note how generous the American people are: we allow in 1.1 million legal immigrants on a path to citizenship every year. Another 700,000 come here explicitly for jobs. Another half a million come here to attend our universities and colleges.
But we’ve got a choice here. We either have open borders or we have laws. It’s one or the other.
Some people in the media have chosen to attack us for enforcing the law. That doesn’t surprise me. But I’m not ashamed of the United States of America. I am not going to apologize for carrying out our laws. That is my duty.
President Trump ran for office promising to end the illegality and to fix our system. We are carefully and lawfully stopping the abuses in our system.
It is not a bad thing, but a good thing that President Trump is keeping his word. We intend to follow the mandate that he has received from the people. I embrace it.
President Trump made a generous offer to the Democrats in Congress. He offered to give DACA recipients true legal status if we can build a wall, close the loopholes, and switch from chain migration and the visa lottery to a merit-based system. The Democrats’ refusal of this offer is baffling. He simply asked that they agree to a permanent solution to the problem. Why wouldn’t you want to end the illegality?
Our goal is not radical. What is radical is the open borders policies that have been pushed on us time and again by the elites and the Washington insiders.
Our goal is that immigrants should apply, wait their turn, and that people stop making that dangerous trek across the desert rather than coming here unlawfully. If they meet the standards, then they can be admitted—and those standards should advance the national interest.
If we succeed in this—if we finally get a system we can be proud of—then we will start a virtuous cycle of lawfulness, safety, and prosperity.
The American people have been patient. We have been waiting for 30 years. They want us to seize this opportunity that we have right now. It’s time that we finally deliver a lawful system of immigration that benefits them.# # #
AG
18 - 789
Do not reply to this message. If you have questions, please use the contacts in the message or call the Office of Public Affairs at 202-514-2007.
Charleston Man Pleads Guilty to Federal Heroin and Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling heroin in January 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Dana Stevenson, 27, entered his guilty plea to an indictment charging him with distribution of heroin and being a felon in possession of a firearm.
“It’s Groundhog Day all over again,” said United States Attorney Mike Stuart. “We wake up and issue a press release about a felon with a firearm. But this isn’t Groundhog Day, it’s just another felon with a firearm who also deals drugs.”
On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from the defendant. The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston. The defendant provided the informant with suspected heroin.
Stevenson also pled guilty to being a felon in possession of a firearm. On January 18, 2017, officers conducted a search warrant at his residence and recovered a Glock .40 caliber firearm. Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.
Stevenson faces up to 30 years in federal prison when he is sentenced on September 6, 2018.
The plea hearing was held before Judge Goodwin. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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.
Follow us on Twitter: SDWVNews
###
Tennessee Man is Sentenced for Committing a Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Tennessee man was sentenced today for committing a federal gun crime, announced United States Attorney Mike Stuart. Marvin Dunigan, 46, of Johnson City, previously entered a guilty plea to being a felon in possession of a firearm and was sentenced to 46 months in federal prison. U.S. Attorney Stuart commended the investigation of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department.
“A convicted felon and repeat violator of federal gun laws,” said United States Attorney Mike Stuart. “Guys like Dunigan aren’t supposed to have firearms for a reason. He was fully aware of the prohibition and now he’ll serve almost 4 years in a federal pen because he chose not to follow the law.”
Dunigan admitted that on August 16, 2016, he possessed a Cobra Model C32, .32 caliber firearm in Beckley. Dunigan was prohibited from possessing a firearm under federal law because of a 2010 felony conviction in the United States District Court for the Eastern District of Tennessee, his first conviction for being a prior felon in possession of a firearm.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Statement of United States Attorney Mike Stuart Regarding the Department of Justice's Place to Worship InitiativeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Department of Justice’s Place to Worship Initiative:
“America needs more faith not less. This U.S. Attorney will protect the rights of all citizens in the public exercise of religious beliefs including worship or prayers at public events,” said United States Attorney Mike Stuart. “I am prepared to protect the free exercise of religion including a tradition pre-game prayer. This is a fundamental right of every American.”
Please see the press release below for more information about the Place to Worship Initiative.
Follow us on Twitter: @SDWVNews and @USAttyStuart
FOR IMMEDIATE RELEASE
WEDNESDAY, JUNE 13, 2018
DEPARTMENT OF JUSTICE ANNOUNCES PLACE TO WORSHIP INITIATIVE
WASHINGTON – The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.
The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
# # #
AG
18-778
Do not reply to this message. If you have questions, please use the contacts in the message or call the Office of Public Affairs at 202-514-2007.
Mexican National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had a prior removal for illegally entering the United States
BECKLEY, W.Va. – Ezequias De Los Santos-Ruiz entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Santos-Ruiz, 23, of Oaxaca, Mexico faces up to 2 years of incarceration, a $250,000 fine, supervised release for one year, and a special assessment of $100 when he is sentenced on October 3, 2018. Santos-Ruiz also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE).
“It’s simple,” said United States Attorney Mike Stuart. “If you cross the border illegally and are found in our jurisdiction, we will prosecute you.”
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.
Assistant United States Attorney Erik S. Goes handled the prosecution. Judge Irene C. Berger presided over the plea hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Beckley Felon Pleads Guilty to Federal Drug and Gun CrimesRead the Press Release
BECKLEY, W.Va. – A Beckley convicted felon pled guilty today to federal drug and gun charges, announced United States Attorney Mike Stuart. Anthony Harvey, 42, of Beckley, West Virginia, entered his guilty plea to distributing a quantity of methamphetamine and being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley Police Department.
“Recidivism is a real problem,” said United States Attorney Mike Stuart. “With two previous felony convictions prohibiting him from possessing guns, Harvey continues to break the law -- by possessing firearms and selling methamphetamine. Now he faces significant time behind bars.”
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, Harvey possessed a Davis Industries, Model DM-22, .22 caliber pistol and a F.I.E. Model Titan, .25 caliber revolver. Harvey was prohibited from possessing any firearm under federal law because of two prior convictions, one for assault with a firearm in California in 1995, and the other was the sale of marijuana in California in 2004.
Harvey faces up to 30 years in federal prison when he is sentenced on October 3, 2018.
United States District Judge Irene C. Berger presided over the plea 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.
Follow us on Twitter: SDWVNews
###
South Charleston Woman Pleads Guilty to Embezzling Money from a Labor UnionRead the Press Release
She stole over 183,000 dollars between 2010 and 2014 from Charleston Building and Construction Trades Council
CHARLESTON, W.Va. – A South Charleston woman pled guilty yesterday to the felony offense of embezzlement and theft of labor union assets, announced United States Attorney Mike Stuart. Joan Matthews, 70, faces up to five years imprisonment, a $250,000 fine, 3 years of supervised release and a $100 special assessment when she is scheduled to be sentenced on September 11, 2018. She will also owe restitution in an amount up to $183, 667.11. U.S. Attorney Stuart commended the investigative efforts of the United States Department of Labor, Office of Labor-Management Standards.
“Matthews used her position to steal from her employer for four years,” said United States Attorney Mike Stuart. “My Office takes cases like this very seriously and we will prosecute embezzlers to the fullest extent of the law.”
Matthews admitted that she was employed as a bookkeeper by the Charleston Building and Construction Trades Council (“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. conducted the plea hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Putnam County Man Pleads Guilty to Federal Drug and Firearm ChargesRead the Press Release
CHARLESTON, W.Va. – A Putnam County man was sentenced to federal prison on drug and firearm charges, announced United States Attorney Mike Stuart. Malcolm Hodges, 25, previously entered guilty pleas to illegally possessing a firearm, and possessing and intending to distribute methamphetamine. Hodges was sentenced to a total of 78 months in prison – 18 months on the firearms charge, and 60 months on the methamphetamine charge. U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Dunbar Police Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Unfortunately, Hodges’ previous state conviction didn’t deter him from criminal activity,” said United States Attorney Mike Stuart. “Hopefully, after spending over 6 more years in federal prison, he will make better choices.”
Hodges, a convicted felon, admitted that on September 1, 2016, he fled a DUI checkpoint in Teays Valley, and that he had a .45 caliber revolver in his possession at the time. Hodges is prohibited from possessing any firearms under federal law because of a 2013 felony conviction for wanton endangerment with a firearm in the Circuit Court of Kanawha County.
Hodges also admitted that on April 23, 2017, he threw 72 grams of methamphetamine out of the passenger-side window of his car after a Dunbar Police Department officer attempted to pull him over for a traffic violation. The methamphetamine was quickly recovered, along with a large amount of cash from Hodges’ vehicle and person.
Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge Robert C. Chambers handed down 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Woman Sentenced for Federal Pill ConvictionRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman was sentenced yesterday to six months in federal prison, followed by three years of federal supervised release with the first six months to be served on home confinement, for her role in a pain pill conspiracy interrupted by police, announced United States Attorney Mike Stuart. Lorie A. Mayhon, 43, previously pled guilty to conspiracy to distribute oxycodone in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration (DEA) and the West Virginia State Police.
“Great work by DEA and the West Virginia State Police to intercept these pills before they were distributed throughout Huntington,” said United States Attorney Mike Stuart. “We’re working hard every day to lock up drug dealers that have caused so much havoc in that city.”
Mayhon admitted that on September 15, 2017, she assisted in arranging the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at a residence on Collis Avenue in Huntington, where the informant met with Mayhon and codefendants Joseph Melbar and Curtis Holcomb to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills. After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.
Holcomb was sentenced to 57 months in federal prison and Melbar was sentenced to 24 months in federal prison for their respective roles in the conspiracy.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This case was being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Columbus Man Sentenced to Prison for Federal Gun and Drug OffensesRead the Press Release
HUNTINGTON, W.Va. – A Columbus, Ohio man who sold heroin and an illegal firearm in Huntington in 2016 was sentenced yesterday to 64 months in federal prison, announced United States Attorney Mike Stuart. Jamal Marsalas Glass, 20, previously pled guilty to distributing heroin and carrying a firearm during and in relation to a drug trafficking crime in federal court in Huntington. Stuart praised the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“As if being a drug dealer isn’t bad enough,” said United States Attorney Mike Stuart, “Glass was selling heroin and an illegal gun. And he was armed with a firearm while conducting the sales transaction. Getting dangerous guys like Glass off the streets of Huntington is priority number one.”
On August 25, 2016, a confidential informant contacted Glass to purchase heroin. The informant also negotiated the purchase of a firearm from Glass. The informant subsequently met with Glass inside an Apartment at the Marcum Terrace housing projects in Huntington. Inside the apartment, Glass sold the informant approximately 3 grams of heroin. Glass also sold the informant a 9mm pistol which had the serial number obliterated in violation of federal law. Glass further admitted as part of his plea agreement that he possessed a separate .38 caliber revolver when he conduct the transaction.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert. C. Chambers.
This case was being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Branchland Man Pleads Guilty to Multiple Firearms Thefts from Gun DealerRead the Press Release
HUNTINGTON, W.Va. – A Branchland man who broke in a local pawn shop and stole firearms on three separate occasions pled guilty yesterday in federal court in Huntington to multiple firearms charges, announced United States Attorney Mike Stuart. Robert Lee Reid, 23, entered guilty pleas to three counts of theft of firearms from a federally licensed firearms dealer and an additional count of possession of stolen firearms. Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF) with assistance from the West Hamlin Police Department.
“Reid is a brazen criminal,” said United States Attorney Mike Stuart. “He stole a total of 180 guns from the same store on three separate occasions. He, in turn, sold the majority of the stolen guns to individuals in Huntington before being caught by law enforcement. Reid should pay a heavy price. Those guns could end up killing innocent people or law enforcement officers. It’s a terrible, terrible crime.”
On three separate occasions, Reid broke into Sportsmen’s Gun and Pawn located at 6440 US Route 60 in Barboursville to steal firearms. On May 15, 2017, Reid and another individual stole a total of 164 firearms from Sportsmen’s. The firearms were subsequently sold by Reid and another individual in Huntington. On September 29, 2017, Reid stole an additional 6 firearms from Sportsmen’s which he sold in the Guyandotte neighborhood of Huntington. Finally, on December 7, 2017, Reid and another individual stole a total of 10 firearms from Sportsmen’s. Reid and the other individual were subsequently picked up in a vehicle and the vehicle was stopped in West Hamlin by a West Hamlin Police Officer. During the traffic stop, the officer located the stolen firearms in the rear of the vehicle where Reid and the other individual were seated.
Reid faces up to 10 years in federal prison for each conviction when he is sentenced on September 10, 2018.
Assistant United States Attorney Joseph F. Adams is handling the prosecution. United States District Judge Robert C. Chambers presided over today’s 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Federal Jury Convicts Webster County Woman of Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Webster County woman was convicted yesterday following a two-day trial, announced United States Attorney Mike Stuart. The jury convicted Jaclyn Burkholder, 30, of conspiring to distribute methamphetamine between January and February 2017, returning its verdict late yesterday evening. The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Burkholder was the final nail in the coffin,” said United States Attorney Mike Stuart. “This meth ring of dealers that wrought havoc in our communities and among our people has been shut down. I applaud the excellent work of Assistant United States Attorneys Haley Bunn and Eric Bacaj and the rest of my team, as well as the investigators in this case.”
Jaclyn Burkholder is the sixth person to be convicted of distributing methamphetamine in related cases. Burkholder, along with Quinton Funk, Carl Clark, and Jamie Harmon, brought approximately four kilograms of crystal methamphetamine from Atlanta to Charleston. On January 12, 2017, officers with MDENT executed a search warrant at a hotel room and found over 130 grams of methamphetamine, scales, baggies, and a gun. The methamphetamine was part of the approximately four kilograms Burkholder and others brought back from Atlanta, and it was lab-tested and confirmed to be over 90% pure.
Burkholder faces a possible sentence of up to 20 years in prison when she is sentenced on August 30, 2018. Assistant United States Attorneys Eric Bacaj and Haley Bunn represented the government during the trial. United States District Judge Joseph R. Goodwin presided over the trial.
Five other defendants involved in this methamphetamine conspiracy have been sentenced to federal prison. Quinton Funk, of Webster Springs, was sentenced to 21 years and 10 months in prison for conspiracy to distribute methamphetamine. Carl Clark, of South Charleston, was sentenced to 135 months in prison for distributing methamphetamine. Jamie Harmon, of South Charleston, was sentenced to 8 years for distributing methamphetamine. Christopher Carte, of St. Albans, was sentenced to three years in prison for conspiracy to distribute methamphetamine. Holly Doub, of South Charleston, was sentenced to five days in federal prison for aiding and abetting the distribution of methamphetamine.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###Cross Lanes Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man was sentenced today to 78 months in federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Charles William Lourett, 62, previously entered his guilty plea in February to receiving child pornography. U.S. Attorney Stuart commended the investigative efforts of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, the FBI, and the FBI Violent Crimes Against Children Task Force.
“We have a great team of investigators and prosecutors working tirelessly to identify those who use the Internet to target and exploit children,” said United States Attorney Mike Stuart. “Sex offenders like Lourett need to be locked up.”
Lourett previously admitted that on September 22, 2016, he received a video of a prepubescent minor engaged in sex acts. The video was received on Lourett’s computer located at his residence. The investigation revealed that Lourett was using a peer-to-peer file sharing program to download, receive, and distribute child pornography. Lourett further admitted to possessing over 600 images and videos of minors engaged in sex acts.
Upon Lourett’s release from prison, he will be required to serve a term of supervised release of 15 years and will be required to register as a sex offender.
First Assistant United States Attorney Lisa G. Johnston and Assistant United States Attorney Jennifer Rada Herrald were in charge of the prosecution. The sentencing hearing was held before United States District Judge John T. Copenhaver, Jr..
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Pennsylvania Man Sentenced on Federal Drug ChargesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a Reading, Pennsylvania man was sentenced on drug charges in federal court. Angel Diaz-Gibson, 26, was sentenced to 36 months in federal prison for distribution of heroin and using a telephone to facilitate the commission of a federal drug felony. Diaz-Gibson pled guilty in March, admitting that on August 22, 2015, he distributed 148 stamps of heroin to a confidential informant in Fairlea, and that he had a telephone conversation with the informant to help set up the deal. Each stamp is considered to be one dose of heroin.
Stuart praised the investigative work of the Greenbrier Valley Drug and Violent Crime Task Force.
“Tragically, the heroin epidemic has spread into even our small, more rural communities like Fairlea,” said United States Attorney Mike Stuart. “My Office and our team of law enforcement partners are working hard every day to shut down drug trafficking in our communities.”
Assistant United States Attorney John File prosecuted the case. United States District Judge Irene C. Berger presided at the plea hearing.
Follow us on Twitter: SDWVNews
###
Montgomery Man Sentenced to over 10 Years in Federal Prison for His Role in Drug Trafficking ConspiracyRead the Press Release
Defendant is latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BECKLEY, W.Va. – A Montgomery man was sentenced to federal prison on drug charges, announced United States Attorney Mike Stuart. Rory White, also known as “Dub,” 34, of Montgomery, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and a quantity of oxycodone. White was sentenced to 125 months – 10 years and 5 months -- in federal prison.
U.S. Attorney 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.
“More than ten years are deserved,” said United States Attorney Mike Stuart. “In addition to White, we will continue filling up our prisons with drug dealers who care not a bit about our children and our public’s welfare.”
White previously admitted that between October 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants. During this time period, White admitted to working with Cheyenne Fragale and others to distribute heroin and oxycodone in the Fayette County area. White also admitted that he distributed approximately 5,400 thirty milligram oxycodone tablets and approximately 900 grams of heroin to Cheyenne Fragale and others. He further admitted that he knew Cheyenne Fragale and others intended to redistribute the pills and heroin. The drug trafficking organization was responsible for distributing oxycodone, methamphetamine, and heroin in and around Fayette County.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Five defendants have been sentenced for their involvement in the drug conspiracy. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison by Judge Berger. Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber. Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone. He was also sentenced by United States District Judge Irene C. Berger. Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018. Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on July 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.
Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.
Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin. Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018.
Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine. He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.
George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone. Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration. David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone. Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl. Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.
Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018. Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. United States District Judge Irene C. Berger imposed the sentence.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: SDWVNews
###
Michigan Man Sentenced to Prison for Federal Drug ConvictionRead the Press Release
HUNTINGTON, W.Va. – A Michigan man who was caught with drugs in Huntington in 2017 was sentenced yesterday to 87 months in federal prison, announced United States Attorney Mike Stuart. William Henry Stephens, Jr., 45, of Inkster, previously pled guilty to possession with intent to distribute 100 grams or more of heroin in federal court in Huntington. Stuart commended the work of the Huntington FBI Drug Task Force.
“Stephens was a gun-toting drug dealer peddling a wide variety of dangerous drugs,” said United States Attorney Mike Stuart. “Putting him behind bars is yet another big win for law enforcement and our citizens.”
On June 29, 2017, members of the Huntington FBI Drug Task Force executed a search warrant at 702 Washington Avenue in Huntington. Prior to the search, investigators conducting surveillance observed Stephens coming and going from the residence and conducting what appeared to be drug transactions. During the search, investigators seized approximately 140 grams of heroin, 44 grams of crack, and a firearm. Stephens admitted that he possessed the heroin and crack for distribution. Stephens also admitted that he possessed additional drugs, including heroin and cocaine, along with multiple firearms which seized by investigators during a separate search warrant previously executed on December 15, 2016. As part of his plea agreement, Stephens admitted to all the drug trafficking and firearms activity charged in the indictment.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Mexican National Pleads Guilty to Immigration CrimeRead the Press Release
Defendant has two prior felony convictions and three prior deportations
HUNTINGTON, W.Va. – A Mexican national man pled guilty yesterday to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Eduardo Martinez-Campeano, 47, faces up to ten years of incarceration, a $250,000 fine, three years of supervised release, and a $100 special assessment when he is sentenced on September 4, 2018. Martinez-Campeano is also subject to deportation proceedings at the conclusion of any sentence imposed. U.S. Attorney Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement.
“Two prior felony convictions. Three prior deportations.” said United States Attorney Mike Stuart. “This is exactly why we need the wall – to stop repeat violators and those refusing to comply with our immigration system.”
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.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.
Follow us on Twitter: SDWVNews and USAttyStuart
###Detroit Man Pleads Guilty to Federal Drug and Firearm ChargesRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced yesterday to federal prison on drug and firearm charges, announced United States Attorney Mike Stuart. Fashawn “Chops” Cannon, 28, previously entered guilty pleas to distributing Oxycodone and using a firearm during and in relation to that crime. Cannon admitted that on November 17, 2017, he sold an Oxycodone tablet to a confidential informant in Hernshaw, West Virginia, and that he carried a Hi-Point, model C9, 9mm pistol when he made that sale. He was sentenced to a total of 78 months in prison -- 18 months on the distribution change to be served consecutively with a sentence of 5 years, or 60 months, on the firearm charge.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Kanawha County Sheriff’s Office.
“The really bad news here is that Detroit drug dealers have found the small community of Hernshaw,” said United States Attorney Mike Stuart. “The good news is that Cannon will be spending quite a while in federal prison. Make no mistake, our focus is district-wide when it comes to aggressively prosecuting violent, out-of-state drug dealers that bring their criminal activities into West Virginia.”
Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr. handed down 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Charleston Man Sentenced for EscapeRead the Press Release
CHARLESTON, W.Va. -- Donavan Hardison, 28, of Charleston, was sentenced yesterday by United States District Court Judge John T. Copenhaver, Jr., to 8 months in prison for having escaped from the Dismas Charities’ halfway house in St. Albans, West Virginia. Stuart credited the cooperative effort of the United States Marshal Service, the West Virginia State Police, the Charleston Police Department, and the Kanawha County Sheriff’s Office for Hardison’s capture.
“Our federal, state and local law enforcement officers will not stop looking for escapees until they are apprehended,” said United States Attorney Mike Stuart. “During Hardison’s additional 8-month stay in prison, he needs to let the other inmates know that escape attempts just aren’t worth it.”
Hardison previously pled guilty in April admitting that he had walked away from Dismis without permission on May 16, 2017, and his whereabouts were unknown until his arrest on February 6, 2018. Hardison had been placed at Dismas by the Federal Bureau of Prisons in March 2017 to serve the remainder of his sentence for a federal drug conviction.
Follow us on Twitter: SDWVNews and USAttyStuart
###Cabell County Man Pleads Guilty to Producing Child PornographyRead the Press Release
CABELL COUNTY MAN PLEADS GUILTY TO PRODUCING CHILD PORNOGRAPHY
HUNTINGTON, W.Va. – A Cabell County man pled guilty yesterday to child pornography crimes, announced United States Attorney Mike Stuart. David Ray Pelfrey, 40, of Huntington, entered his guilty plea to two counts of production of child pornography. Stuart praised the investigation conducted by the Huntington Police Department and the Federal Bureau of Investigation.
“These crimes are horrific,” said United States Attorney Mike Stuart. “We should all be incredibly grateful to the FBI and the Huntington Police Department for their efforts to investigate sexual predators like Pelfrey that prey on our children. My intention is to prosecute them to the fullest extent of the law and get them locked up for as long as possible.”
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 engaged in sexually explicit conduct with the same minor female. Pelfrey further admitted that possessed at least one sexually explicit image of another minor female on his cell phone.
Pelfrey faces at least 15 and up to 60 years in federal prison when he is sentenced on September 4, 2018, although pursuant to the terms of the plea agreement between the United States and Pelfrey, he will receive a sentence of 18 years in prison if the District Court accepts the agreement. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
First Assistant United States Attorney Lisa Johnston and Assistant United States Attorney Jennifer Rada Herrald are in charge of the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###