Southern District of West Virginia
Press releases recorded for this federal judicial district.
Detroit Drug Dealer Sentenced to More Than 12 Years in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. – A Detroit man caught with heroin and a firearm in July 2017 was sentenced today by United States District Court Judge Robert C. Chambers to 151 months in federal prison, announced United States Attorney Mike Stuart. Antonio Newson, 43, previously pled guilty to possession with intent to distribute 100 grams or more of heroin.
“Thanks to the tireless work of the Huntington FBI Drug Task Force, yet another Detroit drug dealer has been taken off the streets of Huntington. Together with our law enforcement partners, we are taking Huntington back, one Detroit drug dealer at a time,” said United States Attorney Mike Stuart. Continued Stuart, “At the pace we’re locking up Detroit thugs, the State of Michigan should be sending us money to help pay prison costs.”
On July 10, 2017, officers with the Huntington FBI Drug Task Force executed a search warrant at Newson’s residence, 1748 Jefferson Avenue, Apartment 1, in Huntington, West Virginia. During the search, officers located approximately 983 grams of heroin in a closet. Officers also located a firearm in the closet. As part of the plea agreement, Newson admitted that the heroin and the firearm belonged to him. Newson also admitted to the other drug activity charged in the indictment. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
This case was 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.
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Columbus Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – A Columbus, Ohio man who sold heroin and an illegal firearm in Huntington in 2016 pled guilty today to a federal gun and drug charges, announced United States Attorney Mike Stuart. Jamal Marsalas Glass, 20, entered his guilty pleas to distributing heroin and carrying a firearm during and in relation to a drug trafficking crime. U.S. Attorney Stuart credited the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and emphasized the importance of the agency’s role in addressing gun crime in the City of Huntington.
“The only thing my Office is more committed to than prosecuting dangerous out-of-state drug dealers is prosecuting drug dealers that carry guns. We are aggressively prosecuting gun toting drug dealers.” said United States Attorney Mike Stuart.
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.
Glass faces up to 20 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 June 11, 2018. Assistant United States Attorney Joseph F. Adams is responsible for the prosecution.
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 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 also being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
Follow us on Twitter: @SDWVNews and @USAttyStuart
Parkersburg man sentenced to federal prison for drug crimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to two years in federal prison for a drug charge, announced United States Attorney Mike Stuart. Nathaniel Pittman, 27, previously pled guilty to possession with intent to distribute heroin and cocaine. U.S. Attorney Stuart commended the investigative efforts of the Wood County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“The citizens of Parkersburg are some of the finest folks in West Virginia,” said U.S. Attorney Stuart. “We won’t tolerate drug dealers in Parkersburg or anywhere in this district, and we will continue working to keep them off the streets and locked up for their crimes.”
On July 7, 2016, members of the Wood County Sheriff’s Office conducted a traffic stop of Pittman’s vehicle and seized heroin and cocaine. Pittman admitted that he possessed the drugs found in his vehicle, and that he intended to sell the drugs. Lab testing confirmed that the drugs law enforcement recovered were over 80 grams of heroin and over 90 grams of cocaine.
Assistant United States Attorney John Frail handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was 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.
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Logan County man pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Logan County man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Joshua Edie, 34, of Chapmanville, entered his guilty plea to being a prohibited person in possession of firearms. U.S. Attorney Stuart commended the investigative efforts of the Chapmanville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“I support our Second Amendment rights wholeheartedly,” said U.S. Attorney Stuart. “I also firmly believe in protecting our gun rights by keeping firearms out of the hands of drug users, domestic abusers, and felons. We will keep working with our law enforcement partners to prosecute criminals who ignore and violate our gun laws.”
Edie admitted that around January 30, 2017, he possessed five firearms in his apartment in Chapmanville. He further admitted that, at the time, he was a user of methamphetamine and that he had been convicted of a misdemeanor crime of domestic violence in Ohio in 2010.
Edie faces up to 10 years in federal prison when he is sentenced on May 30, 2018.
Assistant United States Attorney Gabriele Wohl is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Huntington woman pleads guilty to pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Lorie A. Mayhon, 43, entered her guilty plea to conspiracy to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“We’re working every day with law enforcement in Huntington to get pain pills off the streets,” said U.S. Attorney Stuart. “Pill pushers need to understand that there’s nothing but hard time waiting for those who try to sell their poison in our communities.”
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.
Mayhon faces up to 20 years in federal prison when she is sentenced on June 4, 2018. Both Melbar and Holcomb previously pled guilty for their roles in the conspiracy and each faces up to 20 years in prison. Melbar is scheduled to be sentenced on May 29, 2018. Holcomb is scheduled to be sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
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Detroit man sentenced to federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was part of a group selling heroin in Huntington in 2015 was sentenced today to three years and 10 months in federal prison, announced United States Attorney Mike Stuart. Marquis Tamal Quinton Evans, 26, previously pleaded guilty to possession with intent to distribute 100 grams or more of heroin. U.S. Attorney Stuart commended the investigative efforts of the Huntington FBI Drug Task Force.
“These Detroit drug thugs only learn the hard way,” said U.S. Attorney Stuart. “We will work with law enforcement until drug criminals figure out that selling heroin in Huntington gets you a one way ticket behind bars.”
Between July and October of 2015, Evans and others distributed heroin that was transported from Michigan to the Huntington area. On October 5, 2015, the Huntington FBI Drug Task Force conducted a search at 1826 Old 16th Street Road in Huntington. Agents located Evans inside the residence, as well as two other individuals. During the search, agents seized approximately 300 grams of heroin and over $51,000 in cash. Evans admitted that he and the other individuals intended to sell the heroin.
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 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.
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Chicago man sentenced to over four years in federal prison for role in drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Chicago man was sentenced today to four years and a month in federal prison for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Richard Fleming previously pleaded guilty to aiding and abetting the attempted distribution of 100 kilograms or more of marijuana. A total of 15 other individuals were successfully prosecuted as a result of the investigation. Additionally, law enforcement seized over a million dollars in drug proceeds and an airplane belonging to this drug trafficking organization.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Putnam County Sheriff’s Department, the Metropolitan Drug Enforcement Network Team, the Muskingum County Sheriff’s Department in Ohio, the Lawrence County Sheriff’s Department in Ohio, the United States Marshals Service, the Kentucky State Police, the Indiana State Police, the Huntington Police Department, and the Policia Federal Ministerial of Mexico. U.S. Attorney Stuart further commended several Drug Enforcement Administration agents for their investigation this case, including agents from Charleston, Columbus, Phoenix, Tucson, Chicago, Denver, and Hermosillo, Mexico.
“Drug criminals who think they can avoid prison by fleeing the country are dead wrong. If you run, we will work with our law enforcement partners to hunt you down and bring you to justice,” said U.S. Attorney Stuart. “Public safety is a top priority of my office, and we will take whatever measures are necessary to ensure that drug traffickers get the punishment they deserve.”
Fleming admitted that he traveled to Putnam County on March 12, 2010, to pick up approximately $600,000 of drug proceeds from a March 5, 2010, shipment of over 300 kilograms of marijuana on behalf of a drug trafficking organization operating out of Arizona and Mexico. Unbeknownst to Fleming and the drug trafficking organization, law enforcement intercepted the marijuana before it could be delivered. When Fleming arrived in Putnam County to pick up the cash, he actually met with an undercover officer who provided him with a duffel bag he represented contained approximately $600,000 in drug proceeds. Fleming then left the area and began travelling back to provide the money to other members of the drug trafficking organization. A traffic stop was conducted on Fleming’s vehicle in Kentucky and the duffel bag was recovered.
Fleming was originally charged in July 2010 and released on bond. On September 7, 2011, he failed to appear for his trial and a bench warrant was issued for his arrest. Fleming remained a fugitive until he was arrested in Mexico in August 2017. He admitted that he fled the United States to avoid prosecution in this case.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
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 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.
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Pennsylvania man pleads guilty to federal drug chargesRead the Press Release
BECKLEY, W.Va. – A Pennsylvania man pled guilty today to federal drug crimes, announced United States Attorney Mike Stuart. Angel Diaz-Gibson, 26, of Reading, entered his guilty plea to distribution of heroin and to using a phone to facilitate a drug felony. U.S. Attorney Stuart commended the investigative efforts of the Greenbrier Valley Drug and Violent Crime Task Force.
“If you make the mistake of selling heroin in Southern West Virginia, I can assure you that we have an aggressive team that will use every tool to hold you accountable,” said U.S. Attorney Stuart. “Selling heroin in my district will put you behind bars for a long time.”
Diaz-Gibson admitted that on August 22, 2015, he sold 148 stamps of heroin to a confidential informant in Fairlea in Greenbrier County. Each stamp is considered to be one dose of heroin. Diaz-Gibson further admitted that he had a telephone conversation with the informant to help set up the drug deal. He also admitted that he had distributed a total of about 740 heroin stamps in Greenbrier County.
Diaz-Gibson faces up to 24 years in federal prison when he is sentenced on June 6, 2018.
Assistant United States Attorney John File is responsible for the prosecution. United States District Judge Irene C. Berger presided over the plea hearing.
This case is being prosecuted under the Greenbrier Valley Heroin and Pill Initiative, 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.
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Huntington man pleads guilty for role in pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Joseph W. Melbar, 54, entered his guilty plea to aiding and abetting the possession with intent to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“Getting pain pills off the streets of Huntington and holding drug criminals accountable is a top priority for me and my office,” said U.S. Attorney Stuart. “We are going to continue working with law enforcement to make sure that those who prey on the citizens of Huntington face serious hard time behind bars.”
Melbar admitted that on September 15, 2017, he arranged a drug deal for oxycodone pills with a confidential informant working with the DEA. The drug deal was scheduled to take place at Melbar’s residence on Collis Avenue in Huntington, where the informant met with Melbar, codefendant Curtis Holcomb, and another codefendant, to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, the codefendants left Melbar’s residence to acquire the pills. After Melbar’s 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.
Melbar faces up to 20 years in federal prison when he is sentenced on May 29, 2018. Holcomb previously pled guilty to possession with intent to distribute oxycodone and faces up to 20 years in federal prison when he is sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
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Huntington man pleads guilty to federal gun chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. John Weathers, 32, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police Violent Crime and Drug Task Force.
U.S. Attorney Stuart said, “The good citizens of Huntington need to know that my office is committed to cleaning up the streets by aggressively prosecuting drug criminals and holding them accountable with serious prison time.”
On December 5, 2017, officers with the DEA and the West Virginia State Police Violent Crime and Drug Task Force conducted a controlled buy of methamphetamine from Weathers. After determining Weathers was staying at the Econo Lodge in Huntington, officers obtained a search warrant and located a STAR Firestar 9mm pistol in a bag on the floor of the room. Weathers was prohibited from possessing any firearm under federal law because of a 2012 federal drug conviction in the Southern District of West Virginia.
Weathers faces up to 10 years in federal prison when he is sentenced on May 7, 2018.
Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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U.S. Attorney Mike Stuart to hold press conference today regarding indictmentRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference at 2:00 p.m. today announcing an indictment.
WHO: Michael B. Stuart, United States Attorney, Southern District of West Virginia
FBI Officials
West Virginia Legislature Commission on Special Investigations Officials
Other Law Enforcement Officials
WHAT: Press Conference
WHEN: Thursday, February 22, 2018, at 2:00 p.m.
WHERE: Robert C. Byrd United States Courthouse
300 Virginia Street, East
Charleston, WV 25301
United States Attorney’s Office
4th Floor, Suite 4000
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Montgomery man pleads guilty for role in federal drug conspiracyRead the Press Release
BECKLEY, W.Va. – A Montgomery man pled guilty today for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Rory White, also known as “Dub,” 34, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and a quantity of oxycodone. White is one of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies. The investigation was 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 provided assistance throughout the investigation.
“The teamwork that law enforcement demonstrated to complete this investigation is outstanding,” said U.S. Attorney Stuart. “I can assure you that we will keep working together as a team to hold drug criminals accountable and take back our communities from this drug epidemic.”
White 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 mg 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. White faces at least five and up to 40 years federal prison when he is sentenced on June 6, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 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 May 29, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The White plea hearing was held before United States District Judge Irene C. Berger.
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.
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Investiture Ceremony for Mike Stuart as United States Attorney for the Southern District of West VirginiaRead the Press Release
CHARLESTON, W.Va. – The Investiture Ceremony for Mike Stuart, United States Attorney for the Southern District of West Virginia (SDWV), will take place on Friday, March 2, 2018, at 2:00 p.m. Stuart will be joined by United States Senator Shelley Moore Capito, Congressman Evan Jenkins, American war hero and Medal of Honor recipient Woody Williams, members of the Judiciary, distinguished guests and family to celebrate his appointment.
WHAT: Investiture Ceremony for Michael B. Stuart as United States Attorney, SDWV
WHEN: Friday, March 2, 2018, at 2:00 p.m.
WHERE: Robert C. Byrd United States Courthouse
300 Virginia Street, East
Charleston, WV
Seventh Floor Ceremonial Courtroom
NOTE: All media must present government-issued photo identification (such as a driver’s license) and valid media credentials. Media may begin arriving at 1:00 p.m. and must have cameras set by 1:30 p.m. Media should RSVP to [email protected].
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Former Logan County Schools Superintendent indicted for fraud schemeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that former Logan County Schools Superintendent Phyllis Doty, 68, of Logan, was indicted by a federal grand jury today for charges relating to a scheme to defraud the Logan County Board of Education of money and property. U.S. Attorney Stuart was joined in the announcement by officials from the FBI and the West Virginia Legislature Commission on Special Investigations.
“The numbers as alleged in the indictment are not massive in scale, but corruption in any amount, the theft of precious taxpayer dollars, violations of the public trust by public officials is a true cancer to society,” said United States Attorney Mike Stuart. “There is no such thing as a little bit of public corruption. We will not tolerate it. Standing in defiance of public corruption is a fundamental priority for this United States Attorney and the United States of America,” continued Stuart.
U.S. Attorney Stuart commended the investigative work of the FBI and the West Virginia Legislature Commission on Special Investigations and Assistant United States Attorney Gabriele Wohl for handling the prosecution.
The indictment alleges that Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff. Between 2011 and 2015, Doty is alleged to have stolen at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.
According to the indictment, the scheme included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, and decorative urns. Doty claimed that these items were requested by Logan County teachers, however, the teachers knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding. It is further alleged that Doty gave some of these items away to the wedding planner following the wedding.
The indictment also accuses Doty of covering up her scheme once an investigation into suspicious spending became public. It is alleged that the cover-up occurred by Doty attempting to influence a Logan County Board of Education staff member of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education, and then by Doty asking the wedding planner to return the gifted items to a Logan County school.
The indictment charges Doty with two counts of wire fraud, which carries a penalty of up to 20 years in federal prison for each count; two counts of theft from a program receiving federal funds, which carries a penalty of up to 10 years in federal prison for each count; and one count of mail fraud, which carries a penalty of up to 20 years in federal prison.
Attached, please find the indictment.
Please note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Columbus man pleads guilty to federal methamphetamine chargeRead the Press Release
BECKLEY, W.Va. – A Columbus man pled guilty today to a federal methamphetamine crime, announced United States Attorney Mike Stuart. Joshua Gregory Richardson, 33, entered his guilty plea to conspiracy to distribute methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team, the Ohio State Police, and the Coal Grove Police Department in Ohio.
“Out-of-state drug traffickers need to stay out of our state,” said U.S. Attorney Stuart. “Columbus dealers like Richardson aren’t welcome here.”
Richardson admitted that in December 2016, he was a supplier of methamphetamine to a drug dealer in Cross Lanes. Richardson further admitted that on December 20, 2016, law enforcement conducted a controlled purchase of methamphetamine at the house of that Cross Lanes drug dealer. After the controlled purchase, but before officers left the area, Richardson went to the same house to collect money for methamphetamine he was supplying to the drug dealer. Following the controlled purchase, law enforcement in Ohio conducted a traffic stop of Richardson’s vehicle and seized nearly $10,000 in cash, $900 of which was pre-recorded buy money from the controlled purchase earlier the same day. Agents also downloaded text messages in which Richardson and the drug dealer discussed the sale of methamphetamine.
Richardson faces up to 20 years in federal prison when he is sentenced on June 6, 2018.
Assistant United States Attorney R. Gregory McVey is responsible for the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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 illegal drugs, including methamphetamine. 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.
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Two more defendants plead guilty for roles in federal drug conspiracyRead the Press Release
BLUEFIELD, W.Va. – Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Shawn Akiem Anderson, 44, of Mt. Hope, entered his guilty plea to conspiracy to distribute and possess with intent to distribute less than 50 kilograms of marijuana. Karl Funderburk, 31, of Teays Valley, entered his guilty plea to using and carrying a firearm during a drug trafficking crime. Anderson and Funderburk are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
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.
“This case shows how united and determined we are in fighting the drug scourge,” said U.S. Attorney Stuart. “With 23 defendants charged, the results speak for themselves. Drug dealers had better take notice that all levels of law enforcement – federal, state, and local – are working together to make sure that drug crime results in hard time.”
Shawn Anderson 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.
Karl Funderburk 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.
Anderson faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Funderburk faces at least five years and up to life in federal prison when he is sentenced on May 29, 2018.
Other individuals implicated as a result of this drug investigation have entered guilty pleas and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, previously pled guilty to conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine, a quantity of oxycodone, and a quantity of heroin. They both face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Tiffany Ramsey, also of Boomer, previously entered a guilty plea to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine, a quantity of heroin, and a quantity of oxycodone. Ramsey faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Donald Scalise, of Montgomery, previously entered a guilty plea to conspiracy to distribute oxycodone. Scalise faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Dominic Copney, of Beckley, previously entered a guilty plea to conspiracy to distribute and possess with the intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, previously pled guilty to possession with intent to distribute more than 500 grams of cocaine. She faces a mandatory minimum sentence of not less than five and up to 40 years in federal prision when she is sentenced on April 24, 2018. Velarian Carter, the brother of Detria Carter, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of crack, and more than 100 grams of heroin. He faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Anderson and Funderburk plea hearings were held before Senior United States District Judge David A. Faber.
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.
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Ohio man pleads guilty to federal drug crimeRead the Press Release
HUNTINGTON, W.Va. – An Ohio man who sold crack to an informant in September 2016 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Stephen Somon, 44, of Ironton, entered his guilty plea to aiding and abetting the distribution of crack. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“If you sell your poison in Huntington, you’re making a big mistake, and it will cost you dearly,” said U.S. Attorney Stuart. “We’re taking back the streets of Huntington and the only hospitality we are offering drug dealers is a long stay in a prison cell, and that cell doesn’t come with turn down service or a chocolate on the pillow.”
On September 13, 2016, law enforcement used a confidential informant to arrange a drug deal for crack in the area of the Little Caesar’s on 1st Street in Huntington. Somon admitted that he arrived and gave the informant crack in exchange for $850. As part of the plea agreement, Somon also admitted that he allowed others to reside at his residence for the purpose of distributing crack.
Somon faces up to 20 years in federal prison when he is sentenced on May 29, 2018.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor are handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This 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 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.
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Cross Lanes man pleads guilty to receiving child pornographyRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man pled guilty today to a child pornography crime, announced United States Attorney Mike Stuart. Charles William Lourett, 62, entered his guilty plea 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.
U.S. Attorney Stuart said, “We have no tolerance for predators or these disgusting crimes. We will use every tool at our disposal to aggressively prosecute those who use the Internet to target and exploit children.”
Lourett 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.
Lourett faces at least five and up to 20 years in federal prison when he is sentenced on May 22, 2018. 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 G. 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 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.
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U.S. Attorney announces 69-count indictment charging owners, managers and physicians associated with Hope ClinicRead the Press Release
United States Attorney Mike Stuart announced the unsealing of a 69-count indictment charging a total of 12 individuals with operating a “pill mill.” The indictment charges the owners, managers and physicians associated with HOPE Clinic, which operated as a purported pain management clinic in Beckley, Beaver and Charleston, West Virginia, as well as Wytheville, Virginia, and a related company, with conspiring to distribute oxycodone and other Schedule II controlled substances, not for legitimate medical purposes and outside the usual course of professional practice, from November 2010 to June 2015.
United States Attorney Mike Stuart was joined in the announcement by Special Agent in Charge Maureen Dixon, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Philadelphia Regional Office and Assistant Special Agent in Charge Sherri Arp, Internal Revenue Service Criminal Investigations (IRS CI), Washington, D.C. Field Office. “I commend the work of my team, under the leadership of AUSAs Monica Coleman and Meredith Thomas and the critical work of our law enforcement partners,” said United States Attorney Mike Stuart. Stuart commended the investigation conducted by agents with:
- U.S. Department of Health and Human Services, OIG
- Internal Revenue Service, Criminal Investigations
- Food and Drug Administration – Office of Criminal Investigations (OCI)
- Federal Bureau of Investigation
- Drug Enforcement Administration
- West Virginia State Police
- Metropolitan Drug Enforcement Network Team (MDENT)
- Beckley Police Department
- Kentucky State Police
- Harrison County (KY) Sheriff’s Department
- Appalachia HIDTA
The charges announced today aggressively target medical professionals involved in the unlawful distribution of opioids and other dangerous controlled substances. “As of today, there are 69 counts. 10 doctors in total. Clinics from Beckley to Beaver, and Charleston to Wytheville. Lots and lots of pills, and even more misery,” said United States Attorney Mike Stuart. Stuart continued, “Home-grown drug dealers hidden behind the veil of a doctor’s lab coat, a medical degree and a prescription pad are every bit as bad as the heroin dealers from Detroit who bring their poisons to West Virginia. Today’s 69-count indictment is the continuation of our efforts to hold accountable those who prey on the good citizens of West Virginia.”
The following individuals are charged in the indictment: James H. Blume, Jr., D.O, Mark T. Radcliffe, Joshua Radcliffe, Michael T. Moran, M.D., Sanjay Mehta, D.O., Brian Gullett, D.O., Vernon Stanley, M.D., Mark Clarkson, D.O., William Easley, D.O., Paul W. Burke, M.D., Roswell Tempest Lowry, M.D., and Teresa Emerson, LNP. “We are committed to protecting all those in government health programs,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “Working side by side with our law enforcement partners we will aggressively investigate charges of medical providers needlessly prescribing deadly opioids.”
In addition to the conspiracy charge, the indictment charges defendants Blume and Mark Radcliffe with maintaining drug-involved premises in Beckley, Beaver and Charleston, and includes 62 counts charging several physicians with distribution of controlled substances not for legitimate medical purposes and outside the usual course of professional practice. The indictment also charges Sanjay Mehta, D.O., a former physician at the Beckley and Beaver HOPE Clinic locations, with two counts of distribution of controlled substances causing death, and charges 10 of the defendants with conspiracy to launder drug proceeds by paying bonuses to HOPE Clinic physicians and employees of Patients, Physicians, and Pharmacists Fighting Diversion, Inc. (PPPFD), to encourage continued prescribing of Schedule II narcotics to customers.
According to the indictment, defendant James H. Blume, Jr., D.O., the owner of the HOPE Clinic, entered into a Physician Practice Management Agreement with defendant Mark T. Radcliffe, owner of PPPFD, to be the practice manager of the HOPE Clinic. The indictment alleges that together Blume and Radcliffe operated HOPE Clinic as a cash-based business that prescribed oxycodone and other Schedule II controlled substances to customers, while refusing to accept insurance, charging in-state customers at least $275 for an initial appointment, and at least $160 for each subsequent appointment. Out of state customers paid as much as $330 for initial visits and at least $185 for subsequent visits. The indictment alleges that HOPE Clinic practitioners prescribed thousands of oxycodone-based pills to individual customers and some HOPE Clinic locations, including Beaver and Charleston, averaged 65 or more customers a day during a 10-hour workday with only one practitioner working. In addition, the indictment alleges that Blume and Mark T. Radcliffe contracted the services of physicians without any knowledge of pain management who consistently conducted cursory, incomplete, or no medical examinations of Clinic customers and provided large amounts of Schedule II prescription medications to customers that they knew, and had reasonable cause to believe, were drug addicts. The indictment further alleges that Mark T. Radcliffe and his son, Joshua Radcliffe, neither of whom had any formal medical education or training, instructed medical practitioners at HOPE Clinic to provide customers with prescriptions for Schedule II controlled substances, sometimes in direct contrast with the practitioners’ clinical opinions.
"Those who facilitate the abuse of controlled dangerous substances are negatively impacting our entire community and will be held accountable,” said Kimberly Lappin, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office. “Today’s indictment is a reminder that IRS-CI will remain vigilant in our financial investigations and will continue to work with our law enforcement partners to combat this type of conduct.”
If convicted on all charges as alleged in the indictment, Dr. Blume and Mark Radcliffe face up to 100 years; Joshua Radcliffe faces up to 20 years; Teresa Emerson faces up to 20 years; Michael Moran faces up to 60 years; Sanjay Mehta faces a forty year mandatory minimum sentence up to life imprisonment; Vernon Stanley faces up to 240 years; Brian Gullett faces up to 340 years; Mark Clarkson faces up to 80 years; William Earley faces up to 200 years; Paul Burke faces up to 180 years; and Roswell Tempest Lowry faces up to 120 years. In a related case, John Pellegrini faces up to 20 years imprisonment for his role in a conspiracy to commit money laundering.
This case 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.
Please find a link to the Indictment and Information below.
Indictment
Information
Please note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Hurricane felon pleads guilty to federal gun and drug crimesRead the Press Release
HUNTINGTON, W.Va. - A Hurricane man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Malcolm Hodges, 25, entered his guilty plea to being a felon in possession of a firearm and possessing methamphetamine with intent to distribute. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Dunbar Police Department.
“Drugs and guns are a bad combination. Either by itself can be deadly. Together they are lethal,” said U.S. Attorney Stuart. “Sadly, Hodges has earned a long time behind bars. The lesson is simple – don’t sell drugs and don’t illegally possess a gun.”
Hodges admitted that on September 1, 2016, he possessed a Smith and Wesson .45 caliber revolver. Officers recovered the weapon next to his car after he fled a DUI checkpoint in Putnam County. Hodges is prohibited from possessing any firearm because of a 2013 conviction in Kanawha County Circuit Court for wanton endangerment with a firearm.
Hodges also admitted to possessing with the intent to distribute over 72 grams of methamphetamine in Dunbar on April 23, 2017. Hodges threw the drugs out of his vehicle during a brief police pursuit, but officers with the Dunbar Police Department recovered the drugs shortly after the chase ended.
Hodges faces at least five and up to 50 years in federal prison when he is sentenced on May 21, 2018.
Assistant United States Attorney Matt Davis is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case is also 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, including methamphetamine. 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.
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Huntington man sentenced to prison for federal heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man caught with heroin in January 2015 was sentenced today to two years and a month in federal prison, announced United States Attorney Mike Stuart. Daniel Justin Watts, 32, previously pled guilty to a single-count indictment charging him with possession with intent to distribute heroin. U.S. Attorney Stuart commended the investigative efforts of the Huntington FBI Drug Task Force.
“A safe Huntington is a top priority for me and my office,” said U.S. Attorney Stuart. “I can assure you that aggressive prosecution of drug dealers and violent criminals is the cornerstone of our strategy to take back Huntington from the opioid crisis. The federal prison population is down 17% and there’s plenty of room at the inn for drug thugs.”
On January 7, 2015, agents with the Huntington FBI Drug Task Force arrested Watts in a parking lot at 1034 14th Street West in Huntington after observing him distributing heroin in the area. Officers transported Watts to the Huntington Police Department and, during a search, found heroin he had concealed in his groin area. The heroin was packaged for distribution, and Watts admitted that he intended to sell the drugs. As part of the plea agreement, Watts further admitted that he distributed heroin in Huntington during the months of December 2014 and January 2015.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor handled the case. United States District Judge Robert C. Chambers imposed the sentence.
This 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.
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Kanawha County man pleads guilty to gun and drug chargesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Fashawn Cannon, 27, of Hernshaw, entered his guilty plea to distribution of oxycodone and carrying a firearm during a drug trafficking crime. U.S. Attorney Stuart commended the investigative efforts of the U.S. Route 119 Drug and Violent Crime Task Force and the Kanawha County Sheriff’s Office.
“Violent drug dealers are going to have to learn that there’s a prison cell waiting for them if they push pain pills in our communities,” said U.S. Attorney Stuart. “My office’s aggressive prosecution of dangerous drug criminals will continue until we take back our streets from this epidemic.”
Cannon admitted that on November 17, 2017, he sold oxycodone at a residence on Carnation Lane in Hernshaw to a confidential informant working with law enforcement. Cannon further admitted that during the drug deal, he carried a Hi-Point, Model C9, 9mm pistol. That same day, officers seized the gun during a search, along with dealer quantities of heroin, fentanyl, and additional oxycodone.
Cannon faces at least five years and up to life in federal prison for the gun charge. He also faces up to 20 years in prison for the drug charge. The sentences will be served consecutively. Cannon is scheduled to be sentenced on May 16, 2018.
Assistant United States Attorney Matt Davis is responsible for the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case is also 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.
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Florida felon pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Florida man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Derrick Shane McCullough, 27, of Keystone Heights, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“As a staunch supporter of the Second Amendment, I take the prosecution of criminals who violate the gun laws that protect that right extremely seriously,” said U.S. Attorney Stuart. “Dangerous felons who disregard our gun laws put our communities at risk, and we will continue working with law enforcement to keep guns out of the hands of criminals.”
On July 16, 2016, officers with the Charleston Police Department stopped a vehicle on Chandler Drive in Charleston for a seatbelt violation. When one of the officers asked if there was anything illegal in the car, McCullough, a passenger, told the officer that there was a gun under his seat. Officers subsequently seized a short-barreled shotgun that McCullough admitted he had brought into the vehicle with him. McCullough was prohibited from possessing any firearm under federal law because of felony convictions in Florida in 2014 for burglary of a dwelling and grand theft.
McCullough faces up to 10 years in federal prison when he is sentenced on May 10, 2018.
Assistant United States Attorney Gabriele Wohl is in charge of the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Detroit drug dealer sentenced to 10 years in federal prison for methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced today to 10 years in federal prison for a drug charge, announced United States Attorney Mike Stuart. Willie McCall, 34, previously pled guilty to distribution of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team.
“Let this sentence send a message to any Detroit criminals who want to set up shop in our state – your poison peddling is not welcome, and we’ll make sure you have plenty of time to think about it behind bars,” said U.S. Attorney Stuart. “You can be sure that my office is laser focused on keeping our streets safe by targeting drug dealers with aggressive prosecution.”
McCall admitted that on February 7, 2017, he sold methamphetamine to a confidential informant working with law enforcement. The drug deal took place outside a local business near Nitro. Later that same date, when McCall was arrested, law enforcement found $100 of recorded buy money in his possession that was used in the controlled purchase. At the time McCall committed this offense, he was on parole in Michigan for weapons charges.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
This case was 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, including methamphetamine. 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.
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Charleston meth dealer pleads guilty to federal drug chargeRead the Press Release
CHARLESTON, W.Va. – A Charleston man who sold methamphetamine while on federal supervised release pled guilty today, announced United States Attorney Mike Stuart. Ravi White, 27, entered his guilty plea to distribution of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team.
“Thanks to the brave work of officers who put their lives on the line every day to protect our safety, another drug dealer is off the streets,” said U.S. Attorney Stuart. “We will keep going after drug thugs until they get the message - we’re determined to put them out of business and behind bars for a long time.”
White admitted that on October 26, 2017, he sold nearly 90 grams of methamphetamine to a confidential informant working with law enforcement. The drug deal took place on McClung Street in Charleston. White further admitted that he also sold over 50 grams of methamphetamine to a confidential informant on two separate occasions in October 2017. Officers executed a search warrant on White’s residence on November 2, 2017, and seized $320 in recorded buy money from the controlled purchases of narcotics, as well as an additional $5,040 in cash and a handgun from his vehicle.
White faces at least five and up to 45 years in federal prison when he is sentenced on May 23, 2018.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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 illegal drugs, including methamphetamine. 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.
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Charleston man headed to prison for illegally possessing sawed-off shotgunRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to two years in federal prison for a gun crime, announced United States Attorney Mike Stuart. Joe Orville Fooce, III, 44, previously pled guilty to possession of a shotgun with a barrel length less than 18 inches and an overall length less than 26 inches not registered to him in the National Firearms Registration and Transfer Record. U.S. Attorney Stuart commended the investigative efforts of the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“I support the Second Amendment 100%, but criminals who possess guns are a threat to innocent people, law enforcement, and, ultimately, the Second Amendment,” said U.S. Attorney Stuart. “As United States Attorney, I will make sure that my office continues working with law enforcement to prosecute anyone that cannot respect the Second Amendment and the gun laws that protect it.”
In July 2016, South Charleston police officers found Fooce unresponsive at an intersection. After Fooce was transported by medics, officers discovered the sawed-off shotgun in his backpack. Fooce admitted that he knew the firearm had been modified from its original length.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Irene C. Berger imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Mingo County woman sentenced to federal prison for conspiracy to engage in sex trafficking of a minorRead the Press Release
CHARLESTON, W.Va. – A Mingo County woman was sentenced today to six years in federal prison, to be followed by 20 years of supervised release, for a sex trafficking crime involving a minor, announced United States Attorney Mike Stuart. Misty Dawn Baisden, 40, of Delbarton, previously pled guilty to conspiracy to engage in sex trafficking of a minor. Baisden was also ordered to register as a sex offender.
U.S. Attorney Stuart commended the investigative efforts of the FBI Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Ashland Police Department, and the Boyd County Sheriff’s Department.
“The facts of this case are appalling and disgusting, and this case should send a strong message that there is absolutely no tolerance for sex trafficking of children. We will continue working tirelessly with our law enforcement partners to aggressively investigate and prosecute these predators,” said U.S. Attorney Stuart. “We will never shy away from our duty to hold those accountable who seek to harm our children and commit these despicable crimes.”
Baisden admitted that in March 2017, she conspired with her codefendant, David Wayne Young, using her cell phone to engage a minor in commercial sex. The communication involved photographs of a minor and the discussion of exchanging money, items, or other things of value for sexually explicit photographs or sexual activity. Baisden admitted that she understood from the entire conversation that Young would be providing her with assistance in engaging in commercial sexual activity with a minor. Young pled guilty to sex trafficking of a minor, and faces at least 15 years and up to life in federal prison when he is sentenced on May 1, 2018.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorneys announce initiative to combat violent crime and drug trafficking in Tri-State areaRead the Press Release
ASHLAND, Ky. – Today, the three United States Attorneys for the Tri-State area: Robert M. Duncan, Jr., of the Eastern District of Kentucky; Michael B. Stuart, of the Southern District of West Virginia; and Benjamin C. Glassman, of the Southern District of Ohio, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), state and local law enforcement and prosecutors, and other law enforcement partners announced the formation of a law enforcement working group, to enhance joint efforts to combat violent crime and drug trafficking in the Kentucky, West Virginia, and Ohio Tri-State area.
The working group met for the first time on February 9, 2018, in Ashland.
The collaboration is part of the U.S. Department of Justice’s enhanced Project Safe Neighborhoods (PSN) Program, a crime reduction program incorporating long-standing law enforcement partnerships to help produce a long-term, meaningful reduction in violent crime. PSN is a comprehensive approach to public safety, one that includes prevention, enforcement, and reentry efforts.
The working group will focus its efforts on individuals responsible for violent crimes and significant drug trafficking activities in the area. As part of the collaborative partnership, members of ATF, FBI, DEA, and state and local law enforcement personnel will meet regularly to share intelligence, and to review cases about the most dangerous offenders in the area, including those cases in which the offender’s conduct involves possession or use of a firearm. The cases will be evaluated to ensure that the most appropriate penalties will be applied to the offenders, whether in federal or state court. The ultimate goal of the collaboration is to reduce violent crime and access to illegal drugs, and make the Tri-State safer.
“As Attorney General Sessions has confirmed, combatting violent crime, reducing access to drugs, and partnering with state and local law enforcement efforts are top priorities for the Department of Justice,” said U.S. Attorney Duncan. “By working together to investigate and prosecute the most dangerous individuals in the Tri-State, we are sending a clear message that we will protect our communities against those who do them harm. If you are using firearms to commit acts of violence or illegally selling drugs – especially those that cause an overdose death – you are on notice: your conduct will not be tolerated; and if it continues, you risk arrest, prosecution, and the forfeiture of your freedom.”
“The good people of the Tri-State and good cities like Huntington, Ashland, Ironton and Portsmouth, have paid too high a price because of violent crime and the drug scourge. Effective partnerships, sharing resources and intelligence, and aggressive enforcement are the best offense to defeat those that bring chaos and despair to our communities,” said U.S. Attorney Stuart. “Now is the time to take our streets back from violent offenders and drug dealers that cause havoc. We are committed to working together as true partners in this fight to reduce violent crime, protect our citizens, and put dangerous criminals behind bars for as long as possible.”
“State lines don’t stop criminals from committing violence in our communities, so they shouldn’t stop our law enforcement efforts, either,” U.S. Attorney Glassman said. “Today’s announcement highlights our dedication to working together across governmental levels and geographic boundaries to get the job done.”
Today’s announcement follows U.S. Attorney General Sessions’s directives to federal law enforcement and prosecutors, to reinvigorate the Project Safe Neighborhoods Program in an effort to reduce rising violent crime in America, and to combat access to illegal drugs, particularly opiates and opioids.
Mexican national pleads guilty to immigration crimeRead the Press Release
HUNTINGTON, W.Va. – A Mexican national pled guilty today to an immigration crime, announced United States Attorney Mike Stuart. Nahum Ortiz-Perez, also known as Oscar Marin-Trujillo, 30, entered his guilty plea to illegally reentering the United States. U.S. Attorney Stuart commended the investigative efforts of the Milton Police Department and U.S. Immigration and Customs Enforcement.
“We are a nation of laws. Free sanctuary should never be provided to those that illegally enter our country,” said U.S. Attorney Stuart. “We will continue to prosecute individuals who illegally jump ahead of those following the rules and abiding by our immigration laws – laws that provide for critical immigration and protect American citizens.”
On December 3, 2017, Ortiz-Perez was spotted acting suspiciously in Milton in Cabell County near an auto repair shop. Milton Police Officers approached Ortiz-Perez, and he offered them a Mexican voter registration card as an identification document. The officers immediately contacted ICE agents, who responded to the scene, confirmed that Ortiz-Perez was not in the United States legally, and took him into custody.
Ortiz-Perez’s fingerprints matched him to a 2013 Idaho felony drug conviction. After his felony sentence in Idaho was discharged, Ortiz-Perez was deported from the United States. He reentered the United States in 2014, and was captured in Douglas, Arizona. Ortiz-Perez was again deported, and sometime afterward he reentered the United States. Ortiz-Perez gave a statement to law enforcement admitting he was not in the United States legally, that he had been deported on two prior occasions, and that he was a Mexican national subject to deportation proceedings. He also admitted to using multiple aliases while in the United States, including Oscar Marin-Trujillo, Wilson Ruiz-Martinez, Earnest Guzman, and Edgar Lucio.
Ortiz-Perez faces up to 10 years in federal prison when he is sentenced on May 14, 2018. He also faces deportation proceedings at the conclusion of his sentence.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.
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Former Division of Highways engineer pleads guilty for fraudulent schemeRead the Press Release
CHARLESTON, W.Va. – A Lewis County man pleaded guilty today for his fake hotel invoice and expense report scheme to defraud the State of West Virginia, announced United States Attorney Mike Stuart. Steven Hull, 54, of Jane Lew, entered his guilty plea to mail fraud. U.S. Attorney Stuart commended the investigative efforts of the West Virginia Legislature Commission on Special Investigations.
“This scheme was literally highway robbery. Stealing from West Virginia taxpayers is a crime you won’t get away with,” said U.S. Attorney Stuart. “We take our obligation to protect taxpayer dollars extremely seriously, and I can assure you that my office is committed to uncovering public corruption and aggressively prosecuting this kind of theft.”
Hull admitted that from January 2011 through January 2017, he submitted false invoices attached to inflated expense reports for reimbursement by the State of West Virginia. Hull worked as an engineering technician at the West Virginia Division of Highways, and often traveled as part of his job, staying overnight throughout West Virginia. After each trip, the State of West Virginia would reimburse him. Hull admitted that during the course of his scheme, he provided expense reports for reimbursement that falsely represented the number of days he stayed at hotels, and further falsely represented that he paid for rooms for all those days.
Hull also admitted that from June 2014 until the end of his scheme, he entirely fabricated his hotel room expense reports. The reports would often state that he stayed at a Holiday Inn for a week at a time, when he was actually renting a room on a monthly basis from a less expensive hotel. Hull further admitted that he pocketed the difference in price between his monthly rental and his reimbursements. To disguise the scheme, Hull would produce detailed entries to legitimize the appearance of the fake invoices, including line items for taxes and a hotel rewards code number. From February 2011 through January 2017, Hull received $70,653.14 from submitting false hotel invoices. He paid approximately $18,144 for his monthly rental from June 2014 to December 2016.
Hull faces up to 20 years in federal prison when he is sentenced on May 15, 2018. As part of the plea agreement, he has also agreed to pay at least $52,509.14 in restitution.
Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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Five defendants plead guilty for roles in federal heroin conspiracyRead the Press Release
CHARLESTON, W.Va. – Five defendants implicated in a federal heroin conspiracy pled guilty today, announced United States Attorney Mike Stuart. Ralph White, Jennifer Benson, Rachel Kuhn, all 36 and of Parkersburg, and Dennis Carter, 28, of Detroit, entered their guilty pleas to conspiracy to distribute 100 grams or more of heroin. Additionally, Heather Wells, 25, of Parkersburg, entered her guilty plea to distribution of heroin.
U.S. Attorney 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 is exactly the kind of investigation and prosecution that’s going to help us take back our streets from the opioid crisis,” said U.S. Attorney Stuart. “Nearly a dozen drug criminals are facing hard time behind bars, and all as a result of the efforts of several law enforcement agencies working together. Job well done.”
White, Benson, Kuhn, and Carter admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. In addition, White, Kuhn, and Wells admitted selling heroin to a confidential informant working with the Parkersburg Drug Task Force and the FBI on numerous occasions between November 2016 and March 2017. Benson and Carter admitted distributing between one and three kilograms of heroin, while White and Kuhn admitted to distributing between 100 and 400 grams of heroin.
White, Benson, Kuhn, and Carter all face at least five and up to 40 years in federal prison when they are sentenced on May 7, 2018. Wells faces up to 20 years imprisonment when she is sentenced on the same date.
The five defendant who pled guilty today join Debra Martin, Joseph Reeder-Shaw, Bernard Spann, Jonathan Brown, and Sir Pritis Williams, all codefendants involved in the same conspiracy, who previously pled guilty to conspiracy to distribute 100 grams or more of heroin. These defendants face at least five and up to 40 years in federal prison when they are sentenced in April 2018. Additionally, Kennedy Michele Walker previously pled guilty to distributing heroin supplied by this organization, and she faces up to 20 years imprisonment when she is sentenced in April 2018.
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.
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Two Beckley felons sentenced to federal prison for gun crimesRead the Press Release
BECKLEY, W.Va. – Two Beckley felons were sentenced to federal prison today on gun charges, announced United States Attorney Mike Stuart. Ryan Henry Guerrant, 27, previously entered his guilty plea to being a felon in possession of a firearm, and was sentenced to three years and 10 months in federal prison. In a separate prosecution, Clennel Pierre Cobb, 46, also previously pleaded guilty to being a felon in possession of a firearm, and was sentenced to six years in federal prison to run consecutively to the sentence for his 2017 Raleigh County drug felony. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Beckley Police Department on these cases.
“Prison time awaits those who break our gun laws. My office is serious about keeping guns out of the hands of dangerous criminals,” said U.S. Attorney Stuart. “We will continue working with law enforcement to target felons who think they are above the law.”
On August 10, 2017, an officer with the Beckley Police Department conducted a traffic stop in Beckley. Guerrant, a passenger in the back seat, informed the officer that he had an Omega, Model 100, .22 caliber revolver at his feet. Guerrant later admitted to law enforcement that he possessed the gun, and that he knew he was not supposed to possess the gun because he was a convicted felon. Guerrant was prohibited from possessing any firearm because of felony convictions in Raleigh County Circuit Court for possession of a firearm by a prohibited person in 2013 and escape and attempted robbery in 2010.
In a separate prosecution, Cobb admitted that on August 12, 2016, he possessed a Hi-Point, Model C9, 9mm pistol. Cobb was prohibited from possessing any firearm under federal law because of multiple felony convictions, including drug convictions in 2006 and 2017 in Raleigh County Circuit Court.
United States District Judge Irene C. Berger imposed the sentences.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Kanawha County woman pleads guilty to federal opioid crimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County woman pleaded guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Patricia Anne Carnes, 51, of Elkview, entered her guilty plea to obtaining hydrocodone and oxycodone by fraud. U.S. Attorney Stuart commended the Drug Enforcement Administration’s Tactical Diversion Squad and the Charleston Police Department for the investigation.
Carnes admitted that she fraudulently ordered prescription pads from a printing company in order to obtain counterfeit prescriptions with the name and DEA registration number of a Charleston area doctor. Between October 2016 and early April 2017, she wrote and filled approximately 11 forged prescriptions of oxycodone and hydrocodone for herself. She further admitted that she used this fraudulent scheme to obtain over 650 pain pills.
Carnes faces up to four years in federal prison when she is sentenced on May 9, 2018.
Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case 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.
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Hurricane felon pleads guilty to federal gun chargeRead the Press Release
CHARLESTON, W.Va. – A Hurricane man pleaded guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Brandon Pistore, 34, entered his guilty plea 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.
“Being a felon with a gun in my district is not a good idea,” said U.S. Attorney Stuart. “If we catch you – and we will – we will prosecute you six days a week and twice on Sunday.”
Pistore faces up to 10 years in federal prison when he is sentenced on May 9, 2018.
Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. Senior United States District Judge David A. Faber presided over the plea hearing.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Two felons plead guilty to federal gun crimesRead the Press Release
CHARLESTON, W.Va. – Two men pleaded guilty today to federal gun charges, announced United States Attorney Mike Stuart. Donnie Ray Evans, 33, of Williamson, entered his guilty plea to being a felon in possession of a firearm. In a separate prosecution, Brandon Cantrell, 32, of Charleston, also pleaded guilty to being a felon in possession of a firearm.
U.S. Attorney Stuart commended the investigative efforts of the Mingo County Sheriff’s Department, the West Virginia State Police, the Kentucky State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the Evans case. He also commended the Charleston Police Department and the ATF for the investigation of Cantrell.
“These felons chose to ignore the law, and they are facing substantial prison sentences for their crimes. Make no mistake, keeping guns out of the hands of dangerous criminals is a top priority of my office,” said U.S. Attorney Stuart. “I strongly support the Second Amendment, but those who break our gun laws will pay a heavy price. We will keep working with our law enforcement partners to get the message out – if you possess guns illegally, you will end up behind bars.”
On February 17, 2016, a deputy with the Mingo County Sheriff’s Department was following up on a suspicious person complaint near Kermit in Mingo County. The deputy found Evans in a stolen 2004 Chevy Tracker and arrested him. Evans admitted that at the time of his arrest, he possessed a Springfield XDS, .45 caliber pistol that had been stolen from the same place as the Chevy Tracker. Evans was prohibited from possessing any firearm under federal law because of a 2009 conviction in Cabell County Circuit Court for assault during the commission of a felony.
In a separate prosecution, Cantrell admitted that on April 20, 2017, he possessed a Hi-Point, model C-9, 9mm pistol at a residence on Charleston’s West Side. Cantrell was prohibited from possessing any firearm under federal law because of a 2008 felony conviction in Kanawha County Circuit Court for breaking and entering.
Evans and Cantrell each face up to 10 years in federal prison. Evans is scheduled to be sentenced on May 10, 2018. Cantrell is scheduled to be sentenced on May 9, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of the Evans prosecution. Assistant United States Attorney Matt Davis is responsible for the Cantrell prosecution. United States District Judge John T. Copenhaver, Jr., presided over the plea hearings.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Huntington man sentenced to federal prison for heroin crimeRead the Press Release
Investigators utilized drug dog and undercover officer to seize heroin and catch defendant red-handed
HUNTINGTON, W.Va. – A Huntington man who received a shipment of heroin in the mail in December 2016 was sentenced today to two and a half years in federal prison, announced United States Attorney Mike Stuart. David Lee Zirkle, 37, previously pleaded guilty to possession with the intent to distribute heroin. U.S. Attorney Stuart commended the investigative efforts of the United States Postal Inspection Service and the West Virginia State Police Violent Crime and Drug Task Force.
On December 9, 2016, officers were notified that a package suspected of containing controlled substances was scheduled for delivery to a residence on Collis Avenue in Huntington. A West Virginia State Police K-9 officer gave a positive indication that the package contained drugs. Law enforcement obtained a search warrant and discovered approximately 30 grams of heroin. Investigators then removed the heroin, replaced it with another substance, and conducted a delivery of the package utilizing an undercover postal inspector. Zirkle accepted delivery and took possession of the package at the Collis Avenue residence. Law enforcement executed a search warrant at that residence, and upon entry, officers located Zirkle with contents of the package in his hand. Officers also seized digital scales and cash from the residence.
Assistant United States Attorney Stephanie S. Taylor handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was 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.
Detroit man pleads guilty to illegally possessing pain pillsRead the Press Release
HUNTINGTON, W.Va. – A Detroit man caught with oxycodone in September 2017 pleaded guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Curtis Holcomb, 39, entered his guilty plea to possession with the intent to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police Violent Crime and Drug Task Force.
“Any Detroit drug dealer who comes to Huntington to push pain pills is in for a rude awakening,” said U.S. Attorney Stuart. “We will keep working with our law enforcement partners to make sure these out-of-state criminals get the message – they’re not welcome and we’re taking back our streets.”
On September 15, 2017, agents with the DEA and the West Virginia State Police Violent Crime and Drug Task Force used a confidential informant to arrange a purchase of 500 oxycodone pills from Holcomb. On his way to meet the informant, a trooper with the West Virginia State Police conducted a traffic stop on Holcomb’s vehicle on Artisan Avenue in Huntington. Troopers searched Holcomb and recovered 454 thirty mg oxycodone pills in his sock. As part of the plea agreement, Holcomb admitted to all the drug trafficking activity charged in the indictment.
Holcomb faces up to 20 years in federal prison when he is sentenced on May 7, 2018.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor are handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This 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.
Kanawha County man sentenced to nearly six years in federal prison for receiving child pornographyRead the Press Release
CHARLESTON, W.Va. - A Kanawha County man was sentenced today to five years and 10 months in federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Jeffrey Scott Beard, 37, of Clendenin, previously pleaded guilty to receiving child pornography. Beard was also ordered to serve the remainder of his life on federal supervised release after completion of his prison term, and will additionally be required to register as a sex offender.
Beard admitted that he received images on his computer of minors engaged in sexually explicit conduct. The Federal Bureau of Investigation discovered that Beard was using a peer-to-peer file sharing program to download, receive, and distribute child pornography images and videos. FBI Special Agents executed a federal search warrant at Beard’s Clendenin residence in March 2017, and seized computers and other digital media storage devices containing child pornography.
“This case should send a strong message that online child sexual exploitation investigations and prosecutions are a priority for this office,” stated U.S. Attorney Stuart. “Beard’s sentence reflects the seriousness of these crimes and the need to deter others inclined to engage in similar activity. I greatly appreciate the excellent and hard work of the FBI, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the Parkersburg Police Department.”
Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Charleston drug dealer sentenced to 10 years in federal prison for opioid and gun crimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to 10 years in federal prison for drug and gun crimes, announced United States Attorney Mike Stuart. A jury previously found Charles York Walker, Jr., 39, guilty of being a felon in possession of a firearm. Walker also pleaded guilty to two counts of distributing heroin and one count of distributing fentanyl. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia Regional Jail Authority.
During the trial, witnesses testified that Walker was arrested in Charleston by the Metropolitan Drug Enforcement Network Team on July 14, 2017. A search warrant was later executed at Walker’s apartment on Washington Street, West, and officers seized Walker’s cell phone and two handguns. Law enforcement obtained a search warrant for Walker’s cell phone and discovered photos linking Walker to one of the handguns. A witness testified that he saw Walker pistol whip an individual with a .38 revolver, which was the same type of gun as one of the firearms seized from Walker’s apartment. Walker was prohibited from possessing any firearm under federal law because of a 1997 federal drug conviction, a 1998 state conviction for wanton endangerment, and a 2010 federal conviction for being a felon in possession of a firearm.
In addition to the firearms charged in the superseding indictment, Walker was also charged with three counts of distributing drugs. On the first day of trial, Walker pled guilty to the three drug counts, admitting that he sold drugs in Charleston on three separate occasions. He admitted to selling heroin to a confidential informant working with law enforcement on April 14, 2016, on the railroad tracks close to Beuhring Avenue. He also admitted that he sold fentanyl to a confidential informant on June 23, 2016, in a drug deal that began at the KFC on Washington Street, West. Walker additionally admitted that on July 12, 2016, he sold heroin to a confidential informant at the apartment on Washington Street, West.
“Walker is justifiably headed to prison for a long time,” stated U.S. Attorney Mike Stuart. “If you sell illegal drugs or if you violate gun laws, I will do all I can to send you to prison for as long as we possibly can.”
Assistant United States Attorneys Steven I. Loew and Clint Carte are in charge of the prosecution and tried the case before a federal jury. United States District Judge Joseph R. Goodwin imposed the sentence and presided over the trial.
This prosecution was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case is also 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.
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North Carolina man pleads guilty to attempted enticement of a minorRead the Press Release
CHARLESTON, W.Va. – A North Carolina man pleaded guilty today to a federal sex crime involving a minor, announced United States Attorney Mike Stuart. Timothy Sean Coogle, 46, of Lexington, entered his guilty plea to attempted enticement of a minor to engage in sexual activity. U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the FBI in North Carolina.
“There are severe consequences for those who prey on our children, and these penalties should serve as a warning for anyone who even attempts this criminal activity,” said U.S. Attorney Stuart. “The officers working on these cases deserve our thanks. Their work protects our most vulnerable from sexual predators.”
Coogle admitted that from August 12, 2017, through September 22, 2017, he used his cell phone and the Internet to attempt to persuade, induce, and entice a minor residing in the Southern District of West Virginia to engage in sexual activity. Specifically, Coogle admitted that he sent messages to a 13-year-old minor female, commenting on a photo of her. The minor’s mother discovered messages from Coogle and contacted law enforcement. Soon after, Coogle began engaging in sexually explicit conversation with a person he believed to be the minor, but was actually an undercover officer. He additionally requested that the person he believed to be the minor send him sexually explicit photos and video footage, and he also sent a sexually explicit video. Coogle admitted that he engaged in all of this communication in order to persuade the person he believed to be the minor to engage in sexual activity when she visited North Carolina.
Coogle faces at least 10 years and up to life in federal prison. After his release from prison, Coogle will be required to serve a term of federal supervised release of at least five years and up to life, and he will also be required to register as a sex offender. Sentencing is scheduled for May 2, 2018.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The plea 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.
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Three Wood County defendants plead guilty for roles in federal heroin conspiracyRead the Press Release
CHARLESTON, W.Va. – Three Wood County defendants pleaded guilty today for their roles in a heroin conspiracy, announced United States Attorney Mike Stuart. Jonathan “Mohawk” Brown, 36, and Sir Pritis Williams, 28, both of Parkersburg, entered their guilty pleas to conspiracy to distribute 100 grams or more of heroin. Kennedy Michele Walker, 23, of Vienna, pleaded guilty to aiding and abetting the distribution of heroin. U.S. Attorney 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.
Brown and Williams admitted their respective involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. In addition, Brown and Williams admitted to selling heroin to a confidential informant working with the Parkersburg Drug Task Force and the FBI on numerous occasions between November 2016 and May 2017. Both men further admitted to distributing between 100 and 400 grams of heroin during the course of the conspiracy. Brown and Williams face at least five and up to 40 years in federal prison when they are sentenced on April 26, 2018.
Walker admitted that on March 20, 2017, she provided heroin to another individual, who then sold it to a confidential informant working with the Parkersburg Drug Task Force. The drug deal took place in the area of 17th and Briant Streets in Parkersburg. Walker faces up to 20 years in federal prison when she is sentenced on April 26, 2018.
Three codefendants involved in the same conspiracy, Joseph Reeder-Shaw, Bernard Spann, and Debra Martin, have previously pleaded guilty to conspiracy to distribute 100 grams or more of heroin, and face at least five and up to 40 years in federal prison. Reeder-Shaw and Spann are scheduled to be sentenced on April 19, 2018. Martin is scheduled to be sentenced on April 5, 2018.
Assistant United States Attorney John Frail is in charge of the prosecution. The plea hearings were held before United States District Judge Joseph R. Goodwin.
This drug conspiracy 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.
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Kentucky man pleads guilty to sex trafficking of a minorRead the Press Release
CHARLESTON, W.Va. – A Kentucky man pleaded guilty today to a sex trafficking crime, announced United States Attorney Mike Stuart. David Wayne Young, 47, of Ashland, faces at least 15 years and up to life in federal prison when he is sentenced on May 1, 2018. He also faces at least five years and up to life on federal supervised release once he is released from prison, and he will be required to register as a sex offender.
U.S. Attorney Stuart commended the investigative efforts of the FBI Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Ashland Police Department, and the Boyd County Sheriff’s Department.
“Let me be clear – we have zero tolerance for sex trafficking of children. We will continue working with our law enforcement partners and use every tool at our disposal to come after those who put our children in danger,” said U.S. Attorney Stuart. “I want to thank all the officers who work tirelessly day in and day out to protect the children of our community and to keep sexual predators off the street.”
Young admitted that in March 2017, he communicated with his codefendant, Misty Dawn Baisden, and asked Baisden to provide him with a minor under the age of 14 for the purpose of engaging in commercial sexual activity. Young additionally admitted that the communication involved discussion of exchanging money, items, or other things of value for sexually explicit photographs of the minor. He further admitted that subsequent communications with Baisden included discussions that involved Young offering to provide Baisden with a minor for sexual activity in exchange for her providing him with a minor for sexual activity.
Baisden previously pleaded guilty to conspiracy to engage in sex trafficking of a minor, and faces up to life in prison when she is sentenced on February 13, 2018.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Huntington drug dealer pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty yesterday to a federal drug trafficking crime, announced United States Attorney Mike Stuart. Cortez Quayveon Brown, 27, entered his guilty plea to distribution of heroin.
A confidential informant working with law enforcement called Brown on March 3, 2016, to arrange a drug deal for heroin. Brown later met the informant at his 7th Street apartment in Huntington, where he distributed approximately 5.5 grams of heroin in exchange for $1,500. Brown also provided the informant with additional heroin weighing approximately 10.4 grams.
Special agents from the Drug Enforcement Administration seized nearly 8 grams of heroin and $5,500 in cash during the execution of a federal search warrant at Brown’s apartment on March 10, 2016. Special agents also discovered a loaded .380 semi-automatic handgun and a loaded .22 caliber semi-automatic handgun in the kitchen stove. Brown admitted to arranging additional controlled buys of heroin in which he used others to make the actual deliveries. The heroin recovered from all the controlled buys and the search was sent to the DEA Mid-Atlantic Laboratory, which confirmed that the substance was heroin with a total weight of 94.71 grams.
U.S. Attorney Stuart commended the Drug Enforcement Administration for their investigative efforts.
Brown faces up 20 years in federal prison when he is sentenced on May 7, 2018.
Assistant United States Attorney R. Gregory McVey is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case 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.
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Charleston meth dealer pleads guilty to federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught with methamphetamine and guns in February 2017, pleaded guilty yesterday to a federal drug charge, announced United States Attorney Mike Stuart. Derrick Houston, 39, entered his guilty plea to possession with intent to distribute 50 grams or more of methamphetamine. U.S. Attorney Stuart commended the Metropolitan Drug Enforcement Network Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their investigative efforts.
On February 28, 2017, officers with the Metropolitan Drug Enforcement Network Team executed a search warrant at Houston’s residence on Beech Avenue in Charleston. During the search, officers located approximately 237 grams of methamphetamine hidden in the couch. Officers also located two firearms during the search. As part of the plea agreement, Houston admitted that he intended to distribute the methamphetamine seized by law enforcement.
Houston faces at least 10 years and up to life in federal prison when he is sentenced on April 26, 2018.
Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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 illegal drugs, including methamphetamine. 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.
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Kanawha County felon sentenced to over five years in federal prison for gun and drug crimesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County felon who possessed guns and drugs was sentenced today to five years and three months in federal prison, announced United States Attorney Mike Stuart. Eddie Wayne Chapman, Jr., 32, of Malden, previously pleaded guilty to being a felon in possession of a firearm and possession with intent to distribute methamphetamine. U.S. Attorney Stuart commended the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation.
Chapman admitted that on September 21, 2016, he possessed a Ruger P89, 9mm semi-automatic pistol and a Maverick by Mossberg, Model 88, 12 gauge shotgun that had a modified barrel less than 18 inches in length. Chapman was prohibited from possessing any firearms under federal law because of a 2011 felony drug conviction in Kanawha County Circuit Court. Chapman further admitted to possessing with the intent to distribute over 20 grams of methamphetamine. Law enforcement found the methamphetamine in Chapman’s backpack, concealed in a canister containing a hidden compartment.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was brought as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case was also 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, including methamphetamine. 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.
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Federal jury finds Detroit man guilty of heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A federal jury sitting in Huntington returned a guilty verdict today in the trial of a Detroit man for his role in a Huntington heroin conspiracy, announced United States Attorney Mike Stuart. Charles Duncan Pippins, 49, of Detroit, was convicted of conspiracy to distribute 100 grams or more of heroin following a jury trial that began on Tuesday. Last week, Pippins pled guilty to the other indicted charges – one count of distributing heroin and one count of possessing heroin with intent to distribute.
“I want to commend the outstanding work of the Cabell County Sheriff’s Department and our prosecutors, AUSAs Joe Adams and Matt Davis, who tried this case,” said U.S. Attorney Stuart. “We are dedicated to working night and day to make sure we stop this drug scourge.”
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 pleaded guilty last week 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.
Pippins faces at least five and up to 40 years in federal prison for the heroin conspiracy. He also faces up to 20 years in federal prison for each of the other two drug charges. The sentencing is scheduled for April 30, 2018.
United States District Judge Robert C. Chambers presided over the trial.
This case 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Boone County man pleads guilty to federal opioid crimeRead the Press Release
CHARLESTON, W.Va. – A Boone County man pleaded guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Roger Dane Adkins, 45, of Morrisvale entered his guilty plea to obtaining hydromorphone and fentanyl by subterfuge. U.S. Attorney Stuart commended the Drug Enforcement Administration’s Tactical Diversion Squad and the Charleston Police Department for the investigation.
In 2016 and early 2017, Adkins was employed as a parcel delivery driver whose route included several Kanawha County pharmacies operating within hospitals or other medical service providers. In March 2017, a hospital pharmacist reported that controlled substances had been removed from a number of parcels that had been shipped for disposal. Investigators from DEA and the Charleston Police Department contacted other pharmacies in Charleston to see whether anyone else had experienced a similar loss. They identified several other pharmacies on the same route that had also reported the loss of controlled substances from parcels shipped to the same location for disposal.
On March 22, 2017, investigators coordinated with one of the pharmacies and the disposal location to set up the shipment of a dummy parcel containing a tracking device. Once Adkins took the parcel into his delivery vehicle, investigators approached and found him in the process of opening it. He waived his Miranda rights and admitted that he had been opening similar packages for several months in order to steal drugs. He further admitted that after removing some of the drugs, he would reseal and send the packages along the intended route in order to avoid detection.
Adkins faces up to four years in federal prison when he is sentenced on April 25, 2018.
Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case 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.
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U.S. Attorney's Office enters settlement with Rite Aid based on improper sales of meth precursor pseudoephedrineRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a deal today between the United States Attorney’s Office and Rite Aid Corporation to resolve a criminal investigation in the Southern District of West Virginia regarding Rite Aid’s improper sale of the methamphetamine precursor pseudoephedrine (PSE) between January 2009 and October 2012. Signed by U.S. Attorney Stuart today, the settlement includes Rite Aid’s full acceptance of responsibility for its improper sale of the methamphetamine precursor PSE, it acknowledges Rite Aid’s remedial efforts and ensures future steps to help prevent abuse of pseudoephedrine, and it mandates that Rite Aid pay $4 million dollars, which is approximately 80% of its gross sales of pseudoephedrine in West Virginia during the relevant time period, to provide resources for crime victim compensation and treatment of drug addiction.
“This settlement sends a strong message to businesses that we will not tolerate putting sales over safety. Most significantly, every dollar paid out by Rite Aid is going to stay right here in West Virginia, and not go into the black hole of Washington,” stated U.S. Attorney Stuart. “This funding will provide increased resources for two critical areas – compensating crime victims and drug treatment. Rest assured that my office will keep fighting to ensure that anyone responsible for the drug scourge in our state is held responsible, from the suppliers to the pharmacies to the street dealers poisoning our communities.”
“Regulation of drugs such as pseudoephedrine is critical to improving West Virginia’s substance abuse epidemic,” said Bill J. Crouch, Cabinet Secretary of the West Virginia Department of Health and Human Resources. “This funding will support DHHR’s ongoing efforts to strengthen substance abuse treatment programs and ultimately improve the health and well-being of impacted residents across the state.”
DEA’s Assistant Special Agent in Charge David W. Gourley stated, “Even though the opioid crisis has been in the forefront, we will not neglect any investigations of other dangerous drugs which are readily available in the state of West Virginia. Methamphetamine use is on the rise. This is a reminder to pharmacies out there not to turn a blind eye to their responsibilities under the Controlled Substances Act.”
“We are grateful to the U.S. Attorney’s Office for including the West Virginia Crime Victims Compensation Fund as a recipient of this settlement,” stated Aaron Allred, Legislative Manager, West Virginia Legislature. “These funds will allow us to assist even more West Virginians as they try to rebuild their lives after being innocent victims of crime. These funds will be used to pay medical bills, provide medical devices, pay for burial and funeral services, lost wages, counseling and other economic losses sustained by victims of crime in our state.”
The $4 million dollar payment will stay entirely in West Virginia. Per the settlement, Rite Aid must pay $2.6 million to the West Virginia Crime Victims Compensation Fund. That figure is more than double the total federal grants the Fund receives in an entire year, and is just shy of the total amount of money the Fund paid to crime victims in all of 2016 and 2017 combined. The settlement further requires Rite Aid to pay $1.4 million to the West Virginia Department of Health and Human Resources. As a condition of his agreement to this settlement, U.S. Attorney Stuart required the agreement of DHHR to use this funding for substance abuse treatment to help fight addiction.
U.S. Attorney Stuart praised the investigative efforts that led to this settlement: “I want to strongly commend the DEA, assisted by the FBI, and the tremendous work of our team and the leadership of AUSAs Steve Loew and Greg McVey, who handled this complex case for the U.S. Attorney’s Office. Job well done.”
During the investigation, Rite Aid has taken remedial actions to comply with federal law and to help ensure that PSE is sold only to people who have a legitimate need for it. The agreement requires Rite Aid to continue those remedial steps and to take additional action. For example, in November 2013, Rite Aid removed single ingredient PSE products (the PSE product preferred by manufacturers of methamphetamine) from its stores, and now only sells tamper-resistant, single-ingredient PSE products in West Virginia. Importantly, Rite Aid will now train its employees on how to identify people who may be purchasing PSE to manufacture methamphetamine, and it will further train and instruct its employees to deny such sales. Furthermore, Rite Aid will continue requiring stores in West Virginia to store PSE products out of the view of customers to make it easier and safer for store employees to deny suspicious sales, and Rite Aid will require pharmacists to counsel all customers seeking to purchase PSE.
A fact sheet highlighting the terms of the settlement is attached to this press release.
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Two felons sentenced to federal prison for gun crimesRead the Press Release
BECKLEY, W.Va. – Two felons were sentenced to federal prison today for gun crimes, announced United States Attorney Mike Stuart. Jerry Wayne Phillips, Jr., 40, of Beckley, was sentenced to three years and 10 months in prison after previously pleading guilty to being a felon in possession of a firearm. In a separate prosecution, Cleveland McDowell Meador, IV, 44, of St. Albans, was sentenced to two years in prison after being convicted of being a felon in possession of a firearm following a one-day jury trial.
U.S. Attorney Stuart commended the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the investigation of Phillips, and the St. Albans Police Department and the ATF for the investigation of Meador.
Phillips admitted that on June 23, 2016, he possessed six stolen firearms, including a Marlin, Model 30AW, .30/.30 caliber rifle; a Norinco, Model Type 56 SKS, 7.62x39mm rifle; a Mossberg, Model 500, 12 gauge shotgun; a Keystone Sporting Arms, Model Cricket, .22 caliber rifle; a Winchester, Model 190, .22 caliber rifle; and a Rossi (Taurus), Model S411220BS, .410/.22 caliber rifle. Phillips was prohibited from possessing any firearms under federal law because of a 1998 felony drug conviction in Raleigh County Circuit Court and a 2004 misdemeanor conviction for domestic violence.
In a separate prosecution, witnesses for the United States testified that on May 10, 2017, Meador gave permission to officers with the St. Albans Police Department to search his home on Bard Avenue in St. Albans. During the search, an officer discovered a Hi-Point, Model C9, 9mm pistol in an air register vent in the ceiling of Meador’s home. After Meador’s arrest, law enforcement read him his Miranda rights and in a recorded interview, Meador admitted that he put the gun in the air register vent, that he was a convicted felon, and that he knew that he was not supposed to have a gun. Meador was prohibited from possessing any firearm under federal law because of a 2016 felony conviction in Kanawha County Circuit Court for third offense driving while license revoked for driving under the influence.
United States District Judge Irene C. Berger imposed the sentence in the Phillips case. United States District Judge Joseph R. Goodwin presided over the Meador trial and imposed the sentence.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Two Lewisburg defendants sentenced to federal prison for oxymorphone crimesRead the Press Release
BECKLEY, W.Va. – Two Lewisburg defendants were sentenced to federal prison today for drug crimes, announced United States Attorney Mike Stuart. Joshua Adam Smith, 35, was sentenced to eight years in prison after previously pleading guilty to distribution of oxymorphone. Jessica Nicole Honaker, 26, was sentenced to two years in prison after previously pleading guilty to aiding and abetting the distribution of oxymorphone. U.S. Attorney Stuart commended the Greenbrier Valley Drug and Violent Crime Task Force for the investigation.
Smith admitted on November 6, 2016, he distributed oxymorphone to a confidential informant working with law enforcement. Honaker admitted that on November 17, 2016, she distributed oxymorphone to a confidential informant to complete a drug deal that Smith had arranged. Both of the drug deals took place at a residence on Battle Hill Drive in Lewisburg. As part of their plea agreements, Smith and Honaker took responsibility for all of the drug trafficking activity charged in the indictment. Smith and Honaker also admitted that, along with their codefendant Tremaine Dean Pool, Jr., they had distributed, or possessed with the intent to distribute, a total of about 300 oxymorphone pills. Pool has pled guilty to possession with intent to distribute oxymorphone and faces up to 20 years in federal prison when he is sentenced on April 18, 2018.
Assistant United States Attorney John File handled these prosecutions. United States District Judge Irene C. Berger imposed the sentences.
These defendants were prosecuted under the Greenbrier Valley Heroin and Pill Initiative, 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.
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