Southern District of West Virginia
Press releases recorded for this federal judicial district.
Former Freedom president sentenced to prison for role in chemical spillRead the Press Release
CHARLESTON, W.Va. – The former president of Freedom Industries was sentenced today to 30 days in federal prison, to be followed by a six-month term of supervised release, and a $20,000 fine for environmental crimes connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. Gary Southern, of Marco Island, Florida, previously pleaded guilty in August 2015 to negligently discharging a pollutant, unlawfully discharging refuse matter, and negligently violating an environmental permit by failing to have a pollution prevention plan. Southern is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Southern became associated with Freedom in 2009 and joined its board of directors in March 2010. He became president of Freedom in December 2013, and was serving as Freedom’s president at the time of the chemical spill. In these capacities, Southern was a responsible corporate officer of Freedom from at least March 2010 through January 9, 2014, with the responsibility and the authority to ensure that Freedom and its facility on the Elk River complied with the law.
Freedom had a permit issued by West Virginia’s Department of Environmental Protection that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and implementation of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Southern admitted that he was aware of the permit and that he should have known that Freedom was required to have a storm water plan. He further admitted that he had the responsibility and authority to ensure that Freedom complied with the permit by having a storm water and groundwater plan in place. During Southern’s tenure as a responsible corporate officer, Freedom never developed or implemented a storm water or groundwater plan. Southern’s negligence in failing to ensure that Freedom developed and implemented a storm water and groundwater plan was a proximate and contributing cause of the chemical spill.
“We are pleased to bring these cases to conclusion,” said Acting United States Attorney Carol Casto. “Many thought that those responsible for contaminating our water would never see the inside of a courtroom, but six individuals and Freedom Industries now stand convicted and have been sentenced for the offenses that they committed. It is my hope that these prosecutions will serve as a message to others that we will follow the evidence, charge the cases that are developed, and hold those responsible accountable to the extent permitted by law.”
Southern is one of seven defendants that have been sentenced as part of the investigation into the chemical spill. Robert J. Reynolds, of Apex, North Carolina, who worked as an environmental consultant with Freedom, was sentenced on February 1, 2016, for negligently discharging a pollutant. Charles E. Herzing, of McMurray, Pennsylvania, a former owner and vice president of Freedom, was sentenced on February 2, 2016, for unlawfully discharging refuse matter. Freedom, as a corporation, was sentenced on February 4, 2016, for negligently discharging a pollutant, unlawfully discharging refuse matter, and knowingly violating an environmental permit. Michael E. Burdette, of Dunbar, a former plant manager for Freedom’s facility on the Elk River, was sentenced on February 4, 2016, for negligently discharging a pollutant. William E. Tis, of Verona, Pennsylvania, a former owner and secretary of Freedom, was sentenced on February 8, 2016, for unlawfully discharging refuse matter. Dennis P. Farrell, of Charleston, a former Freedom president and owner, was sentenced on February 11, 2016, for unlawfully discharging refuse matter and violating a permit by failing to have a pollution prevention plan.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, handled the prosecutions. United States District Judge Thomas E. Johnston imposed the sentences for each of the defendants.
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Clay County felon sentenced to over eight years in prison for Federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Clay County man was sentenced today to eight years and four months in federal prison for being a felon in possession of a firearm, announced Acting United States Attorney Carol Casto. Lloyd Ellis Rapp, 44, of Duck, previously pleaded guilty in November 2015 to the federal gun crime.
Rapp admitted that on June 15, 2015, he was fleeing on his motorcycle from the West Virginia State Police. The high-speed chase ended with Rapp wrecking his motorcycle. After the wreck, he was arrested and law enforcement found Rapp in possession of a Hi-Point Model C-9, 9mm semiautomatic handgun. Rapp was prohibited from possessing any firearm under federal law because of a 2008 felony conviction in United States District Court, Southern District of West Virginia, for distribution of methamphetamine.
The West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Timothy D. Boggess handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
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 existing local programs that target gun crime.
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Parkersburg felon sentenced for Federal drug and gun crimesRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to two years and three months in federal prison for distribution of heroin and crack, and for being a felon in possession of a firearm, announced Acting United States Attorney Carol Casto. James Miller Johnson, III, 27, previously pleaded guilty in September 2015 to the federal drug and gun charges.
Johnson admitted that on August 14, 2014, he sold heroin and crack in Parkersburg to a confidential informant working with law enforcement. When Johnson was arrested on the drug charge near Vienna on November 19, 2014, law enforcement found Johnson with a Colt .45 Gold Cup National Match semiautomatic pistol. Johnson was prohibited from possessing any firearm under federal law because of a 2009 felony conviction in Logan County, Ohio, for drug possession.
The Parkersburg Narcotics Task Force, the Vienna Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge John T. Copenhaver, Jr., 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 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 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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Ohio man sentenced to Federal prison for role in Detroit-to-Huntington heroin schemeRead the Press Release
HUNTINGTON, W.Va. – A South Point, Ohio, man who participated in a heroin conspiracy in 2014 and 2015 was sentenced today in federal court, announced Acting United States Attorney Carol Casto. Dustin S. Barton, 19, was sentenced to a year and a day in federal prison after previously pleading guilty to distributing heroin. Barton was the seventh participant in the drug scheme to be sentenced.
From the summer of 2014 to January 2015, Barton participated in a conspiracy led by Kenneth E. Baxter that transported heroin from Detroit to Huntington for distribution. Once in Huntington, Barton assisted Sean L. Gist and Ramone L. Wells by transporting heroin to various locations and distributing heroin to customers when directed by Gist and Wells. On January 28, 2015, Barton met with a confidential informant at Harris Riverfront Park in Huntington and distributed heroin to the informant on behalf of Gist.
Multiple defendants have been convicted of drug offenses as a result of the investigation. Those sentenced to federal prison include Baxter, who was sentenced to seven years and three months; Coty S. Richardson, who was sentenced to five years and ten months; Gist, who was sentenced to five years and three months; Wells, who was sentenced to four years; and Pricilla Lee Dylan, who was sentenced to two years and nine months. Paul A. Roberts, Jr., was sentenced to five years of probation for assisting the group in securing a residence to conduct drug deals.
Also as part of this drug investigation, Warren G. Howard, Jr., pleaded guilty in December 2015 to distributing heroin. Howard faces up to 20 years in federal prison and a $1 million fine when he is sentenced on March 7, 2016.
The Huntington FBI Drug Task Force, the United States Postal Service, the West Virginia State Police, and the Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief 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 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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U.S. Attorney's Office issues warning about IRS phone scamsRead the Press Release
CHARLESTON, W.Va. – Several West Virginians have contacted the United States Attorney’s Office about robocalls fraudulently claiming to be from the Internal Revenue Service (IRS) and demanding immediate payment, announced Acting United States Attorney Carol Casto. These calls are not from the IRS, and are merely another scam carried out by criminals. The robocalls often contain aggressive language, insist on payment within an hour of the call, and threaten punishment if back taxes are not paid.
“These IRS phone scams can happen any time, not just around tax season, and people need to be wary. Criminals will use any trick to swindle honest people out of their hard-earned money, including phone calls to the home.” said Acting United States Attorney Casto. “We will continue working with the IRS to hold these criminals accountable and help West Virginians protect their personal and financial information.”
Be aware that many of these IRS phone scams use intimidating or bullying language to get payment for back taxes. The IRS will not contact you to demand immediate payment, and will not call you prior to sending a bill by mail. The IRS will also not demand that you pay your taxes a certain way or ask for credit card numbers over the phone. Most importantly, a legitimate call from the IRS will not threaten to have police arrest you for not paying.
Remember, if you think you owe taxes, call the IRS at 800-829-1040 and IRS workers can provide assistance. If you get one of these scam phone calls, you can contact the Treasury Inspector General for Tax Administration to report the call at 800-366-4484 or online at www.treasury.gov/tigta/contact_report_scam.shtml.
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South Charleston woman pleads guilty to Federal heroin crimeRead the Press Release
CHARLESTON, W.Va. – A South Charleston woman pleaded guilty today to possession with intent to distribute heroin, announced Acting United States Attorney Carol Casto. Sarah Elizabeth Myers, 28, entered her guilty plea in federal court to the drug charge.
Myers admitted that on May 15, 2015, she traveled to Columbus to pick up a supply of heroin. When she returned to West Virginia, law enforcement stopped her for speeding. During the stop, officers found over 100 grams of heroin hidden in the rear passenger side door panel. Myers admitted it was her intent to distribute the heroin in the Charleston area.
Myers faces up to 20 years in federal prison and a $1 million fine when she is sentenced on May 9, 2016.
The case against Myers was investigated by the South Charleston Police Department and members of the Drug Enforcement Agency Task Force. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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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Four defendants sentenced for Federal drug crimes in BeckleyRead the Press Release
BECKLEY, W.Va. – Four defendants were sentenced today in federal court for drug charges, announced Acting United States Attorney Carol Casto.
Jason Treadway, 33, of Beckley, was sentenced to two years and six months in federal prison for using a telephone to facilitate a drug deal. Treadway previously pleaded guilty in October 2015 to the federal drug crime. Treadway admitted that on March 12, 2015, and on May 6, 2015, he used a telephone to arrange heroin deals with a confidential informant. In both instances after arranging the drug deals, Treadway met with the confidential informant and distributed heroin.
Shawn Haines, 43, of Beckley, was sentenced to two years in federal prison for distributing oxycodone. Haines previously pleaded guilty in October 2015 to the federal drug charge. Haines admitted that on October 28, 2014, he distributed oxycodone to a confidential informant cooperating with law enforcement. The drug deal took place on Christopher Drive in Beckley.
Jamal Johnson, 25, of Beckley, was sentenced to a year and two months in federal prison for distributing cocaine. Johnson previously pleaded guilty in October 2015 to the federal drug crime. Johnson admitted that on June 22, 2015, he sold cocaine to a confidential informant working with law enforcement. The drug deal took place on Industrial Drive in Beckley.
Ron Perdue, 54, of Mt. Hope, was sentenced to four years of probation for distributing oxycodone. Perdue previously pleaded guilty in October 2015 to the federal drug charge. Perdue admitted that on October 22, 2014, he distributed oxycodone to a confidential informant on Ewart Avenue in Beckley.
These cases were investigated by the Beckley/Raleigh County Drug and Violent Crime Unit. The sentences were imposed by United States District Judge Irene C. Berger.
These prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Former Freedom owner headed to prison for role in chemical spillRead the Press Release
CHARLESTON, W.Va. – A former owner of Freedom Industries was sentenced today to 30 days in federal prison, six months of supervised release, and a $20,000 fine for environmental crimes connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. Dennis P. Farrell, of Charleston, previously pleaded guilty in August 2015 to unlawfully discharging refuse matter and violating an environmental permit by failing to have a pollution prevention plan. Farrell is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Farrell, along with co-defendants Charles E. Herzing and William E. Tis, owned Freedom until December 2013, when they sold their shares to a Pennsylvania corporation. From 2001 until the 2013 sale, Farrell served as the president of Freedom. After the sale, Farrell continued to work at Freedom’s facility on the Elk River and continued to describe himself as president of the company. In his role as a corporate officer, Farrell had the responsibility and the authority to ensure that Freedom and its facility on the Elk River complied with the law.
Freedom had a permit issued by West Virginia’s Department of Environmental Protection that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and implementation of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Farrell admitted that he was aware of the permit and knew that Freedom was required to have a storm water plan. He further admitted that he had the responsibility to ensure that Freedom complied with the permit by having a storm water and groundwater plan in place. During Farrell’s tenure as a corporate officer, Freedom never developed or implemented a storm water or groundwater plan, which was a proximate and contributing cause of the chemical spill.
Farrell is one of six defendants that have been sentenced as part of the investigation into the chemical spill. Robert J. Reynolds, of Apex, North Carolina, who worked as an environmental consultant with Freedom, was sentenced on February 1, 2016, for negligently discharging a pollutant. Charles E. Herzing, of McMurray, Pennsylvania, a former owner and vice president of Freedom, was sentenced on February 2, 2016, for unlawfully discharging refuse matter. Freedom, as a corporation, was sentenced on February 4, 2016, for negligently discharging a pollutant, unlawfully discharging refuse matter, and knowingly violating an environmental permit. Michael E. Burdette, of Dunbar, a former plant manager for Freedom’s facility on the Elk River, was sentenced on February 4, 2016, for negligently discharging a pollutant. William E. Tis, of Verona, Pennsylvania, a former owner and secretary of Freedom, was sentenced on Monday for unlawfully discharging refuse matter.
Gary Southern, of Marco Island, Florida, the president of Freedom at the time of the spill, pleaded guilty in August 2015 to negligently discharging a pollutant, unlawfully discharging refuse matter, and negligently violating a permit by failing to have a pollution prevention plan. Southern is scheduled to be sentenced on February 17, 2016.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, are handling the prosecutions. United States District Judge Thomas E. Johnston imposed the sentence, and will preside over the remaining sentencing hearing associated with the chemical spill.
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Charleston felon pleads guilty to Federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man with several felony convictions who possessed a firearm pleaded guilty today, announced Acting United States Attorney Carol Casto. Dereck Skylar Brown, 33, entered his guilty plea in federal court to being a felon in possession of a firearm.
On July 4, 2015, Charleston Police Detectives responded to a shooting at a bar on Leon Sullivan Way and observed Brown leaving the bar immediately after they heard several gunshots from inside the bar. Brown appeared to be concealing something in his waistband as he exited the front door of the bar. Brown ignored the detectives’ commands to stop until after he briefly leaned into an unoccupied vehicle parked with its driver side door open. One detective detained Brown while another looked into the vehicle and observed a Colt .380 semiautomatic pistol on the passenger seat of the vehicle.
The West Virginia State Police Forensic Laboratory later identified a fingerprint lifted from the pistol’s magazine as having been made by Brown’s right thumb. Brown was prohibited from possessing any firearm under federal law because of his numerous felony convictions, including armed robbery, attempted possession with intent to distribute cocaine, and malicious wounding.
Three people inside the bar suffered non-fatal gunshot wounds. Through law enforcement’s forensic analysis, Brown was excluded as a suspect in the shooting.
Brown faces up to 10 years in federal prison when he is sentenced on May 13, 2016.
This case was investigated by the Charleston Police Department Special Enforcement Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The West Virginia State Police Forensic Laboratory also provided invaluable assistance to the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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 existing local programs targeting gun crime.
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Former Freedom Industries owner latest sentenced for role in chemical spillRead the Press Release
CHARLESTON, W.Va. – A former owner of Freedom Industries was sentenced today to three years of probation and a $20,000 fine for an environmental crime connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. William E. Tis, of Verona, Pennsylvania, previously pleaded guilty to unlawfully discharging refuse matter in March 2015. Tis is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Tis, along with co-defendants Dennis P. Farrell and Charles E. Herzing, owned Freedom until December 2013, when they sold their shares to a Pennsylvania corporation. From 2004 until the 2013 sale, Tis served as the secretary of Freedom. In this role, Tis had the responsibility and the authority to ensure that Freedom and its facility on the Elk River complied with the law.
Freedom had a permit issued by West Virginia’s Department of Environmental Protection that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and maintenance of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Tis admitted that he was aware of the permit and was put on notice that Freedom was required to have a storm water plan. He further admitted that he had the responsibility to ensure that Freedom complied with the permit by having a storm water and groundwater plan in place. During Tis’ tenure as a corporate officer, Freedom never developed a storm water or groundwater plan, which was a contributing cause to the chemical spill.
Tis is one of five defendants that have been sentenced as part of the investigation into the chemical spill. Robert J. Reynolds, of Apex, North Carolina, who worked as an environmental consultant with Freedom, was sentenced on February 1, 2016, for negligently discharging a pollutant. Charles E. Herzing, of McMurray, Pennsylvania, a former owner and vice president of Freedom, was sentenced on February 2, 2016, for unlawfully discharging refuse matter. Freedom, as a corporation, was sentenced on February 4, 2016, for negligently discharging a pollutant, unlawfully discharging refuse matter, and knowingly violating an environmental permit. Michael E. Burdette, of Dunbar, a former plant manager for Freedom’s facility on the Elk River, was sentenced on February 4, 2016, for negligently discharging a pollutant.
Dennis P. Farrell, of Charleston, a former Freedom president and owner, pleaded guilty in August 2015 to violating the Refuse Act and violating a permit by failing to have a pollution prevention plan. Farrell is scheduled to be sentenced on February 11, 2016.
Gary Southern, of Marco Island, Florida, the president of Freedom at the time of the spill, pleaded guilty in August 2015 to negligently discharging a pollutant, unlawfully discharging refuse matter in violation of the Refuse Act, and violating a permit by failing to have a pollution prevention plan. Southern is scheduled to be sentenced on February 17, 2016.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, are handling the prosecutions. United States District Judge Thomas E. Johnston imposed the sentence, and will preside over the remaining sentencing hearings associated with the chemical spill.
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Charleston pill dealer pleads guilty in Federal courtRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught smuggling oxycodone through the mail pleaded guilty today, announced Acting United States Attorney Carol Casto. Kenneth Edward Campbell, 48, entered his guilty plea in federal court to conspiracy to distribute oxycodone.
On August 23, 2013, the United States Postal Inspection Service intercepted a package containing oxycodone that had been sent from Detroit to an address in Charleston. An undercover officer posing as a mail carrier delivered the package and confronted the man who accepted delivery. That man told police that Campbell had offered to give him oxycodone if he would allow the drug parcel to be delivered to his residence. Officers used the man to conduct a controlled delivery of the package to Campbell at his place of employment on the West Side of Charleston. Campbell was arrested upon taking possession of the package.
Campbell faces up to 20 years in federal prison when he is sentenced on May 11, 2016.
This case was investigated by the United States Postal Inspection Service and the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Joshua Hanks is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
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Freedom Industries and former Freedom Industries plant manager sentenced for roles in chemical spillRead the Press Release
CHARLESTON, W.Va. – Freedom Industries, Inc., and a former plant manager at Freedom Industries were sentenced today for environmental crimes connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. Freedom Industries (Freedom) was sentenced to a fine of $900,000, to be paid after all other claims against Freedom are satisfied, for negligently discharging a pollutant, unlawfully discharging refuse matter, and knowingly violating an environmental permit. Freedom has been in bankruptcy since shortly after the chemical spill. Michael E. Burdette, of Dunbar, was sentenced to three years of probation and a $2,500 fine for negligently discharging a pollutant. Both Freedom and Burdette previously pleaded guilty in March 2015. Burdette is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Freedom had a permit issued by West Virginia’s Department of Environmental Protection (DEP) that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and maintenance of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Freedom admitted that it should have taken reasonable steps to ensure that MCHM did not leak into the Elk River. Freedom did not maintain the containment area that was supposed to prevent a chemical spill from reaching the Elk River. Freedom also failed to inspect and maintain the storage tank holding MCHM. In spite of the permit requirements, Freedom also failed to implement and maintain a storm water and groundwater plan. Furthermore, Freedom did not conduct the necessary training to ensure all personnel were working in compliance with environmental laws. When the chemical spill occurred, Freedom did not have adequate spill prevention material on hand and instead, had on hand a mere two bags of absorbent material and no booms or other materials to stem the flow of MCHM. Freedom admitted that its failure in all of these essential areas was a proximate cause of the chemical spill.
Burdette worked as a plant manager for Freedom’s facility on the Elk River. In that role, Burdette was responsible for operating and maintaining Freedom’s facility in a safe manner and in compliance with environmental laws. He was also responsible for making sure the employees he supervised were properly trained in environmental compliance. Burdette admitted he should have known Freedom was required to implement and maintain a storm water and groundwater plan as required by the permit. He also admitted he knew the measures Freedom had in place to handle a chemical spill were inadequate, and that Freedom should have had proper containment structures to contain a spill from the largest storage tank for 72 hours. Burdette further admitted that his failure to implement these required safety measures was a proximate cause of the chemical spill.
Including Freedom and Burdette, four defendants have been sentenced as part of the investigation into the chemical spill. Robert J. Reynolds, of Apex, North Carolina, who worked as an environmental consultant with Freedom, was sentenced on Monday for negligently discharging a pollutant. Charles E. Herzing, of McMurray, Pennsylvania, a former owner and vice president of Freedom, was sentenced on Tuesday for unlawfully discharging refuse matter.
William E. Tis, of Verona, Pennsylvania, a former owner of Freedom, pleaded guilty in March 2015 to the unlawful discharge of refuse matter. Tis is scheduled to be sentenced on February 8, 2016.
Dennis P. Farrell, of Charleston, a former Freedom president and owner, pleaded guilty in August 2015 to violating the federal Refuse Act and violating a permit by failing to have a pollution prevention plan. Farrell is scheduled to be sentenced on February 11, 2016.
Gary Southern, of Marco Island, Florida, the president of Freedom at the time of the spill, pleaded guilty in August 2015 to violating the Clean Water Act, unlawfully discharging refuse matter in violation of the Refuse Act, and violating a permit by failing to have a pollution prevention plan. Southern is scheduled to be sentenced on February 17, 2016.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, are handling the prosecutions. United States District Judge Thomas E. Johnston imposed the sentence, and will preside over the remaining sentencing hearings associated with the chemical spill.
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Four defendants appear on Federal drug charges in BluefieldRead the Press Release
BLUEFIELD, W.Va. – Four defendants appeared in federal court today on drug charges, announced Acting United States Attorney Carol Casto.
Steven Andrew Short, 30, of Bluefield, was sentenced to four years in federal prison for using a phone to facilitate the distribution of hydromorphone. Short previously pleaded guilty in November 2015 to the federal drug crime. Short admitted that on April 8, 2015, he used a phone to help set up a drug deal with a confidential informant working with law enforcement. Later that same day, Short distributed hydromorphone pills to the informant near Rock in Mercer County. Short also admitted that he distributed more than 1800 hydromorphone pills.
Adam Christopher Skeens, 45, of Princeton, pleaded guilty to distribution of hydromorphone, admitting that on February 23, 2015, he distributed hydromorphone pills to a confidential informant in Princeton. Stephen Wayne Steele, 42, of Bluefield, pleaded guilty to distribution of hydromorphone, admitting that on April 7, 2015, he distributed hydromorphone pills to a confidential informant in Green Valley in Mercer County. Terrance Dewayne Hayes, 30, of Welch, pleaded guilty to distribution of heroin, and admitted that on June 16, 2015, he distributed heroin to a confidential informant near Havaco in McDowell County.
Each of the defendants faces up to 20 years in federal prison and a $1 million fine when they are sentenced on May 17, 2016.
The cases were investigated by the Southern Regional Drug and Violent Crime Task Force and the West Virginia State Police Bureau of Criminal Investigations. Assistant United States Attorney John File handled the prosecutions. The hearings were conducted by Senior United States District Judge David A. Faber.
These case were prosecuted as part of the Bluefield Pill Initiative, 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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U.S. Attorney's Office and IRS award criminal forfeiture assets to local law enforcementRead the Press Release
CHARLESTON, W.Va. – Acting United States Attorney Carol Casto and Internal Revenue Service (IRS) Special Agent in Charge Thomas Jankowski presented three local law enforcement agencies today with over $1 million in forfeited cash as a result of their participation in a joint investigation of a Barboursville pharmacy owner. Officials from the Charleston Police Department, the Huntington Police Department, and the Boone County Sheriff’s Department were on hand to receive the forfeiture awards at a press conference in the U.S. Attorney’s Office in Charleston.
Several law enforcement agencies worked together on a far-reaching investigation that resulted in the convictions of 19 defendants on federal drug charges, including 15 local drug dealers, two out-of-state drug suppliers, and one local pharmacy owner. The IRS’s Criminal Investigation Division, the Huntington Police Department, the West Virginia State Police, the West Virginia National Guard, Drug Enforcement Administration Task Force Officers from the Charleston Police Department, and the Boone County Sheriff’s Department jointly investigated the extensive drug conspiracy that stretched from Lincoln County to Florida.
As part of the conspiracy, the drug suppliers illegally filled prescriptions for oxycodone and sent the drugs to Lincoln County for distribution. During a search by law enforcement of the drug suppliers’ home in Florida, agents discovered prescription pill bottles for oxycodone that had been filled at A+ Care Pharmacy in Barboursville. Law enforcement then executed search warrants at A+ Care Pharmacy and at the home of its owner, Kofe Agyekum, and seized over 50,000 oxycodone pills, over $2 million in cash, and a Lexus. Agyekum pleaded guilty and was sentenced to over five years in federal prison.
“Let me be clear – we will work with every local, state, and federal law enforcement agency and use every available tool to prosecute those who flood West Virginia with drugs. As we proved in this case, we will travel beyond our state’s borders to bring them to justice,” said Acting United States Attorney Casto. “I want to thank the law enforcement agencies that worked as a team to investigate this case. These forfeiture assets will be used by law enforcement to continue this fight and make our communities safer.”
These prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two defendants sentenced in Beckley for Federal crimesRead the Press Release
BECKLEY, W.Va. – A White Sulphur Springs woman and a Beckley felon were sentenced today in federal court, announced Acting United States Attorney Carol Casto. The sentences were imposed by United States District Judge Irene C. Berger.
Paula Kay Butts, 51, of White Sulphur Springs, was sentenced to a year and a half in federal prison for using a phone to facilitate methamphetamine distribution. Butts previously pleaded guilty in November 2015 to the federal drug crime. Butts admitted that on June 27, 2015, while in White Sulphur Springs, she texted a confidential informant working with law enforcement to arrange a drug deal. Later that day, Butts met the informant and distributed methamphetamine.
Leon Eugene Smith, Jr., 35, of Beckley, was sentenced to five years in federal prison for being a felon in possession of a firearm, a Smith & Wesson 9mm handgun. Smith previously pleaded guilty in October 2015 to the federal gun crime. Smith was prohibited under federal law from possessing any firearm because of a 2005 felony conviction in federal court for possession with intent to distribute a controlled substance.
The case against Butts was investigated by the Greenbrier Valley Drug and Violent Crime Task Force as part of the Greenbrier Valley Heroin and Pill Initiative, a multi-agency effort led by the United States Attorney’s Office to combat drug trafficking in communities across the Southern District of West Virginia.
The case against Smith was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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McDowell County Assistant Prosecutor pleads guilty to Federal tax crimeRead the Press Release
BECKLEY, W.Va. – A McDowell County Assistant Prosecuting Attorney pleaded guilty today to a federal tax crime, announced Acting United States Attorney Carol Casto. Jason Ray Grubb, 38, of Beaver, entered his guilty plea in federal court to failing to pay employment taxes.
Grubb admitted that while working as a lawyer in private practice, he had an employee from whom he withheld taxes. Instead of withholding and paying those taxes as required under federal law, he kept the money and did not pay the Internal Revenue Service. Grubb also admitted that he failed to pay personal income taxes for a number of years, and that he falsified vouchers sent to West Virginia Public Defender Services, including 51 days on which he billed for over 24 hours of work. Grubb has agreed to pay restitution for his failure to pay over $247,000 in federal taxes, overbilling Public Defender Services more than $126,000, and not paying a financing company, Daniels Capital Corporation, for more than $29,000 in advances.
He faces up to five years in federal prison and a $10,000 fine when he is sentenced on May 12, 2016.
This case was investigated by the Internal Revenue Service and the West Virginia Commission on Special Investigations. Assistant United States Attorneys Meredith George Thomas and Eric Bacaj handled the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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Parkersburg man pleads guilty to possessing child pornographyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man faces up to 20 years in prison after pleading guilty to possession of over 600 images and videos of child pornography, Acting United States Attorney Carol Casto announced. Kevin Wayne Davis, 49, entered his guilty plea today in federal court.
Davis admitted that on November 5, 2014, he possessed images and videos of prepubescent minors engaged in sexual acts. The images and videos were contained on his personal computer, and multiple media devices found at his residence in Parkersburg. The investigation revealed that Davis was using peer-to-peer file sharing programs to download, receive and distribute child pornography. The court scheduled sentencing for May 10, 2016.
The West Virginia Internet Crimes Against Children Task Force, West Virginia State Police and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of the U.S. Attorney's ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
MEDIA ADVISORY: Acting US Attorney and IRS announce criminal forfeiture awards to law enforcementRead the Press Release
CHARLESTON, W.Va. – Acting United States Attorney Carol Casto and Internal Revenue Service (IRS) Special Agent in Charge Thomas Jankowski will present several local law enforcement agencies with over $1 million in forfeited assets from an investigation of a Barboursville pharmacy owner. The presentation of the forfeiture awards will take place at a press conference in the U.S. Attorney's Office in the Robert C. Byrd United States Courthouse in Charleston at 10:00 A.M.
The agencies receiving a share of the forfeiture for their role in the investigation are the Charleston Police Department, the Huntington Police Department, and the Boone County Sheriff's Department. Their successful investigation helped stop the illegal pain pill distribution at A+ Care Pharmacy in Barboursville and resulted in federal prison time for the pharmacy owner, as well as the forfeiture of significant cash derived from the criminal activity.
Forfeiture proceeds are shared with law enforcement agencies as a result of their direct participation in investigations resulting in forfeiture. This event will recognize the work of these local law enforcement agencies that keeps drugs out of our communities and puts the forfeited assets to good use.
WHO: Acting United States Attorney Carol Casto
Assistant United States Attorney Monica Coleman
IRS Special Agent in Charge Thomas Jankowski
Supervisory Special Agent Jason GandeeWHAT: Press conference to announce significant forfeiture awards to local law enforcement agencies
WHERE: U.S. Attorney's Office – large conference room
Robert C. Byrd United States Courthouse
300 Virginia Street, East, Room 4000
Charleston, WV 25301WHEN: Wednesday, February 3, 2015, at 10 A.M.
Former Freedom Industries owner sentenced for role in chemical spillRead the Press Release
CHARLESTON, W.Va. – A former owner of Freedom Industries was sentenced today to three years of probation and ordered to pay a $20,000 fine for a Refuse Act violation connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. Charles E. Herzing, of McMurray, Pennsylvania, previously pleaded guilty in March 2015 to unlawfully discharging refuse matter. Herzing is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Herzing, along with co-defendants Dennis P. Farrell and William E. Tis, owned Freedom until December 2013, when they sold their shares to a Pennsylvania corporation. From 2004 until the 2013 sale, Herzing served as the Vice President of Freedom. In this role, Herzing had the responsibility and the authority to ensure that Freedom and its facility on the Elk River complied with the law.
Freedom had a permit issued by West Virginia’s Department of Environmental Protection that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and maintenance of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Herzing admitted that he was aware of the permit and was put on notice that Freedom was required to have a storm water plan. He further admitted that he had the responsibility to ensure that Freedom complied with the permit by having a storm water and groundwater plan in place. During Herzing's tenure as a corporate officer, Freedom never developed a storm water or groundwater plan, which was a contributing cause to the chemical spill.
Herzing is the second defendant sentenced as part of the investigation into the chemical spill. Robert J. Reynolds, of Apex, North Carolina, who worked as an environmental consultant with Freedom, was sentenced yesterday for a Clean Water Act violation.
Freedom itself, which has been in bankruptcy since shortly after the chemical spill, pleaded guilty to violating the Clean Water Act, the unlawful discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Freedom is scheduled to be sentenced on February 4, 2016.
William E. Tis, of Verona, Pennsylvania, a former owner of Freedom, pleaded guilty in March 2015 to the unlawful discharge of refuse matter in violation of the Refuse Act. Tis is scheduled to be sentenced on February 8, 2016.
Michael E. Burdette, of Dunbar, a plant manager for Freedom, pleaded guilty in March 2015 to violating the Clean Water Act by negligently discharging a pollutant, and is scheduled to be sentenced on February 4, 2016.
Dennis P. Farrell, of Charleston, a former Freedom president and owner, pleaded guilty in August 2015 to violating the federal Refuse Act and violating a permit by failing to have a pollution prevention plan. Farrell is scheduled to be sentenced on February 11, 2016.
Gary Southern, of Marco Island, Florida, the president of Freedom at the time of the spill, pleaded guilty in August 2015 to violating the Clean Water Act, unlawfully discharging refuse matter in violation of the Refuse Act, and violating a permit by failing to have a pollution prevention plan. Southern is scheduled to be sentenced on February 17, 2016.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, are handling the prosecutions. United States District Judge Thomas E. Johnston imposed the sentence, and will preside over the remaining sentencing hearings associated with the chemical spill.
Charleston man pleads guilty in federal court to heroin crimeRead the Press Release
CHARLESTON, W.Va. - A Charleston man pleaded guilty today to a federal heroin crime, announced Acting United States Attorney Carol Casto. Thomas Jarrell, 20, entered his guilty plea in federal court to possession with intent to distribute heroin.
Jarrell admitted that on October 1, 2015, at his Georges Creek residence in Malden, he possessed heroin that he intended to distribute. Agents of the Metropolitan Drug Enforcement Network Team seized the drugs during the execution of a search warrant at Jarrell’s home.
Jarrell faces up to 20 years in federal prison and a $1 million fine when he is sentenced on May 4, 2016.
The investigation of Jarrell was conducted by the Metropolitan Drug Enforcement Network Team and the Kanawha County Sheriff’s Department. Assistant United States Attorney John J. Frail is handling the prosecution. The hearing was held before United States District Judge Thomas E. Johnston.
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.
Three men sentenced in Federal court for roles in heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – Three men who conspired to distributed heroin in 2014 and 2015 were sentenced today in federal court, announced Acting United States Attorney Carol Casto. Cordell Lopasker McCarrall, Jr., 22, of Detroit, was sentenced to three years and a month in federal prison for possession with intent to distribute heroin. Roger Lee Black, 34, of Barboursville, was sentenced to four years and nine months in federal prison for distribution of heroin. Alan R. Nolan, 36, of Chesapeake, Ohio, was sentenced to two and a half years in federal prison for distribution of heroin.
From November 2014 to April 2015, McCarrall, Black, and Nolan conspired to distribute heroin in the Huntington area. McCarrall frequently supplied heroin to Black during this time period. Black would distribute the heroin with the assistance of Nolan. On February 26, 2015, a confidential informant working at the direction of the Drug Enforcement Administration (DEA) contacted Black to arrange the purchase of heroin. Black met the informant and drove the informant to Black’s residence located at 21 Vincent Street in Barboursville. Inside the residence, Black distributed approximately 10 grams of heroin to the informant in exchange for $1,200.
On March 3, 2015, a confidential informant again contacted Black to arrange another drug deal. Black and Nolan met the informant in the parking lot of a car dealership near Hal Greer Boulevard in Huntington, where Nolan distributed approximately 10 grams of heroin to the informant in exchange for $1,200.
On April 2, 2015, law enforcement executed a search warrant at a residence located at 2017 9th Avenue in Huntington. During the execution of the warrant, McCarrall ran from the residence and was quickly caught. As a result of the search, law enforcement discovered approximately 90 grams of heroin, $6,700 in cash, paraphernalia used to distribute heroin, and a magnetic concealment box commonly used to transport heroin. McCarrall admitted that he possessed and intended to sell the heroin seized from the residence.
All three men admitted that they were responsible for distributing up to 700 grams of heroin during the conspiracy. Black also admitted that he possessed multiple firearms during the conspiracy.
The DEA Task Force and the West Virginia State Police conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences.
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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Nicholas County man pleads guilty to possession of child pornographyRead the Press Release
CHARLESTON, W.Va. – A Nicholas County man faces up to 20 years in federal prison after pleading guilty today to possessing images and videos of child pornography, announced Acting United States Attorney Carol Casto. Derrick Young, 33, of Nallen, West Virginia, entered his guilty plea in federal court to the child pornography crime.
Young admitted that on May 21, 2014, he possessed images and videos of prepubescent minors engaged in sexual acts. The images and videos were contained on his personal cell phone located at his residence in Nallen.
Sentencing is scheduled for April 26, 2016. Young faces a fine of up to $250,000, a lifetime period of supervised release, mandatory registration as a sex offender, possible restitution to the victims of his offense, and the forfeiture of computers and cell phones that contained the child pornography.
The Department of Homeland Security and the West Virginia State Police conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The defendant entered his plea before United States District Judge John T. Copenhaver, Jr.
This case is being brought as part of an ongoing initiative by the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.
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Former Freedom Industries official sentenced for role in chemical spillRead the Press Release
CHARLESTON, W.Va. – A former official of Freedom Industries was sentenced today to three years of probation and a $10,000 fine for a Clean Water Act violation connected to the 2014 Elk River chemical spill, announced Acting United States Attorney Carol Casto. Robert J. Reynolds, of Apex, North Carolina, previously pleaded guilty in federal court to negligently discharging a pollutant in March 2015. Reynolds is one of six former officials of Freedom Industries, in addition to Freedom Industries itself as a corporation, to be prosecuted for federal crimes associated with the chemical spill.
On January 9, 2014, a major chemical leak was discovered in Charleston at the above-ground storage tank area owned and operated by Freedom Industries (Freedom) on the Elk River. Freedom used these storage tanks to keep and process chemicals, and the leak consisted primarily of 4-methylcyclohexane methanol (MCHM), a chemical used in the coal mining industry as a cleansing agent. A significant amount of MCHM leaked into the Elk River, flowed into a water treatment plant, and contaminated the water supply of Charleston and the surrounding areas for several days. Freedom did not have a permit required by law that would have allowed the company to discharge MCHM into the Elk River.
Beginning in 2002, Reynolds worked with Freedom as an environmental consultant and was responsible for developing and maintaining pollution prevention plans. Reynolds admitted that he should have developed and maintained a storm water pollution prevention plan and a groundwater protection plan for the MCHM storage tanks that could have prevented the chemical spill. Freedom did have a permit issued by West Virginia’s Department of Environmental Protection that allowed for the discharge of storm water and groundwater subject to monitoring and reporting requirements. However, this permit did not allow for the discharge of MCHM, and required the development and maintenance of a storm water plan and a groundwater plan. Generally, storm water and groundwater plans identify potential sources of pollution and outline steps to prevent, contain, and reduce pollutants.
Reynolds admitted that he should have known of this requirement. He also admitted that while there was no storm water or groundwater plan in place at Freedom’s facility on the Elk River, there were such plans implemented at another facility operated by Freedom in Nitro. Reynolds even provided training to Freedom’s employees at the Nitro facility on its plans, despite the absence of similar plans at Freedom’s facility by the Elk River.
Reynolds knew of and should have appreciated the hazards associated with MCHM and the need to take reasonable steps to ensure that it did not spill into the Elk River. Reynolds admitted that he carried out his duties without due care for regulatory and environmental compliance, and that his failure to implement a storm water plan was a proximate cause of the 2014 chemical spill of MCHM.
Reynolds is the first defendant sentenced as part of the investigation into the chemical spill. Freedom itself, which has been in bankruptcy since shortly after the chemical spill, pleaded guilty to violating the Clean Water Act, the unlawful discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Freedom is scheduled to be sentenced on February 4, 2016.
Charles E. Herzing, of McMurray, Pennsylvania, and William E. Tis, of Verona, Pennsylvania, former owners of Freedom, each pleaded guilty in March 2015 to the unlawful discharge of refuse matter in violation of the Refuse Act. Herzing is scheduled to be sentenced on February 2, 2016. Tis is scheduled to be sentenced on February 8, 2016.
Michael E. Burdette, of Dunbar, a plant manager for Freedom, pleaded guilty in March 2015 to violating the Clean Water Act by negligently discharging a pollutant, and is scheduled to be sentenced on February 4, 2016.
Dennis P. Farrell, of Charleston, a former Freedom president and owner, pleaded guilty in August 2015 to violating the federal Refuse Act and violating a permit by failing to have a pollution prevention plan. Farrell is scheduled to be sentenced on February 11, 2016.
Gary Southern, of Marco Island, Florida, the president of Freedom at the time of the spill, pleaded guilty in August 2015 to violating the Clean Water Act, negligently discharging refuse matter in violation of the Refuse Act, and violating a permit by failing to have a pollution prevention plan. Southern is scheduled to be sentenced on February 17, 2016.
The investigation of the chemical spill was conducted by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division. Assistant United States Attorneys Philip H. Wright, Larry R. Ellis, and Eric P. Bacaj, as well as the Environmental Protection Agency’s Regional Criminal Enforcement Counsel Perry D. McDaniel, are handling the prosecutions. United States District Judge Thomas E. Johnston imposed the sentence, and will preside over the remaining sentencing hearings associated with the chemical spill.
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Rand heroin dealer pleads guilty to Federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Rand drug dealer pleaded guilty today to a federal heroin crime, announced Acting United States Attorney Carol Casto. Marcus Manchion, 27, entered his guilty plea in federal court to distribution of heroin.
Manchion admitted that on March 3, 2015, he sold heroin to a confidential informant working with the Kanawha County Sheriff’s Department. The drug deal took place on the 5000 block of Church Drive in Rand. Manchion also admitted to selling heroin to a confidential informant on three other occasions in March of 2015. On April 16, 2015, officers executed a search warrant on Manchion’s house in Rand and recovered over 80 grams of heroin and a Glock Model 37 pistol.
Manchion faces up to 20 years in federal prison and a fine of $1 million when he is sentenced on April 28, 2016.
The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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.
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Lewisburg felon sentenced for illegally possessing pain pillsRead the Press Release
BECKLEY, W.Va. – Acting United States Attorney Carol Casto announced that a Lewisburg man was sentenced today to a year and nine months in federal prison for possession with intent to distribute oxycodone and hydrocodone. Miles Gregory, 42, previously pleaded guilty to the federal drug charge in November of 2015.
Gregory admitted that on July 2, 2015, he was carrying 279 hydrocodone pills and 25 oxycodone pills in his vehicle. Law enforcement discovered the drugs in Gregory’s car during a traffic stop near Lewisburg. Gregory was also sentenced today to two years in federal prison for possessing the drugs while he was on supervised release after he served a prison sentence for a 2010 felony conviction for possession with intent to distribute crack. The sentences were ordered to be served consecutively.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force, the West Virginia State Police, and the Greenbrier County Sheriff’s Department. Assistant United States Attorney John File handled the prosecution. United States District Judge Irene C. Berger imposed the sentences.
This prosecution was brought as part of the Greenbrier Valley Heroin and Pill Initiative, 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 drug trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
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Charleston heroin and crack dealer pleads guilty to Federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston heroin and crack dealer pleaded guilty today to a federal drug crime, announced Acting United States Attorney Carol Casto. Donovan Hardison, 25, entered his guilty plea in federal court to possession with intent to distribute heroin and crack.
Hardison admitted that on May 8, 2015, when he was arrested by agents of the Charleston Police Department’s Special Enforcement Unit, he had heroin and crack concealed in his sock that he intended to sell. Hardison also admitted that on several occasions in early 2015, he sold heroin and crack in the Charleston area to confidential informants working with the Charleston Police Department’s Special Enforcement Unit and the Metropolitan Drug Enforcement Network Team. Hardison further admitted that prior to the drug deals, he often stored the heroin and crack in his residence on 2nd Street in Charleston.
Hardison faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 27, 2016.
The investigation of Hardison was conducted by the Charleston Police Department’s Special Enforcement Unit, the Metropolitan Drug Enforcement Network Team, and the West Virginia State Police. Assistant United States Attorney John J. Frail is handling the prosecution. Hardison entered his plea before United States District Judge John T. Copenhaver, Jr.
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.
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Two drug dealers sentenced for Federal heroin crimesRead the Press Release
CHARLESTON, W.Va. – Acting United States Attorney Carol Casto announced that two heroin dealers were sentenced today on federal drug charges.
Andre Luke Perryman, 24, of Detroit, was sentenced to a year and a day in federal prison for aiding and abetting the distribution of heroin. Perryman previously pleaded guilty to the federal drug crime in October of 2015. On December 10, 2014, officers with the Charleston Police Department’s Special Enforcement Unit used a confidential informant to purchase heroin from Perryman. The informant called Perryman’s co-defendant, Robert James Bellamy, to set up the drug deal, which occurred at Rite Aid on Rebecca Street in Charleston. After the drug deal, law enforcement arrested Perryman. He admitted that he had come to Charleston from Detroit in July of 2014, and since his arrival he had been working with Bellamy to sell heroin in the area. Perryman further admitted that he and Bellamy distributed over 250 grams of heroin during that time period. Bellamy has pleaded guilty to distribution of heroin and faces up to 20 years in federal prison when he is sentenced on March 23, 2016.
As the result of a separate investigation, Devonte L. Andrews, 23, of Charleston, was sentenced to eight months in federal prison for distribution of heroin. Andrews previously pleaded guilty in October of 2015 to the federal drug charge. Andrews admitted that on August 26, 2014, he sold heroin to a confidential informant working with the Charleston Police Department’s Special Enforcement Unit. The drug deal took place on 21st Street in Charleston.
The investigation of Perryman and Bellamy was conducted by the Charleston Police Department’s Special Enforcement Unit. Assistant United States Attorney Haley Bunn is handling the prosecution of both Perryman and Bellamy. United States District Judge John T. Copenhaver, Jr., imposed Perryman’s sentence.
The Charleston Police Department’s Special Enforcement Unit and the Metropolitan Drug Enforcement Network Team conducted the investigation of Andrews. Assistant United States Attorney John Frail is in charge of the prosecution. Andrews’ sentence was imposed by United States District Judge Thomas E. Johnston.
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 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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Huntington woman pleads guilty in Detroit-based heroin schemeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman pleaded guilty today in federal court to a drug charge for her role in a heroin conspiracy, announced Acting United States Attorney Carol Casto. Charon Chere Harris, 36, entered her guilty plea to maintaining a residence for the purpose of distributing heroin.
During May and June of 2015, Harris leased an apartment located at 2736 Rear 4th Avenue in Huntington. The terms of the lease provided that Harris would be the tenant of the apartment for a year beginning in May of 2015. However, Harris never resided in the apartment and actually leased it for the purpose of allowing Eddie William Randall, of Detroit, to reside there and distribute heroin that was transported from Detroit to the Huntington area.
On June 25, 2015, officers with the Huntington FBI Drug Task Force executed a search warrant at the apartment. During the search, officers seized approximately 40 grams of heroin, drug paraphernalia, a loaded 9mm pistol, and $13,030 in cash. During the search of another residence in Huntington on 25th Street, also identified through the investigation, officers seized approximately 280 grams of heroin and a loaded .45 caliber pistol. Randall admitted that he possessed the heroin from both residences for distribution and that he possessed the guns in an effort to protect himself from theft or robbery of heroin or cash.
Harris faces up to 20 years in federal prison and a fine of up to $500,000 when she is sentenced on April 25, 2016. Randall previously pleaded guilty and faces a mandatory minimum of 10 years and a maximum of life in federal prison when he is sentenced on April 11, 2016.
The investigation was conducted by the Huntington FBI Drug Task Force, the Huntington Police Department, and the Cabell County Sheriff’s Department. Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
These prosecutions are 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 pills and heroin in communities across the Southern District.
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Culloden man latest prosecuted as part of heroin-dealing familyRead the Press Release
HUNTINGTON, W.Va. – A Culloden drug dealer who sold heroin with his family from his home was sentenced today in federal court to three and a half years in prison, announced Acting United States Attorney Carol Casto. Sanford Dale Cremeans, 45, previously pleaded guilty to distribution of heroin in October of 2015.
From early 2014 to May of 2015, Sanford Dale Cremeans and his wife, Toni Cremeans, along with their son, Shawn Cremeans, conspired to sell heroin from their residence at 2246 3rd Street in Culloden. On December 2, 2014, a confidential informant working with law enforcement contacted Shawn Cremeans to arrange a heroin purchase. The informant traveled to the Cremeans’ residence and met with Shawn and Sanford Cremeans while they waited for Toni Cremeans to arrive with additional heroin. Once Toni Cremeans arrived, the informant paid Shawn Cremeans and received the heroin from Sanford Cremeans. Sanford Cremeans admitted that he assisted in the sale of heroin from the family residence on numerous other occasions and was responsible for the distribution of up to 100 grams of heroin.
Toni Cremeans previously pleaded guilty to distribution of heroin and faces up to 20 years in federal prison and a $1 million fine when she is sentenced on March 28, 2016. Shawn Cremeans previously pleaded guilty to aiding and abetting the distribution of heroin and also faces up to 20 years in federal prison and a $1 million fine when he is sentenced on March 7, 2016.
The Huntington FBI Drug Task Force and Cabell County Sheriff’s Department conducted the investigation of the Cremeans family. Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentence.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of 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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Former prison employee sentenced for witness tamperingRead the Press Release
BECKLEY, W.Va. – Physician’s assistant and former prison employee Scotty Rose was sentenced today to two years in federal prison for witness tampering, announced Acting United States Attorney Carol Casto. A federal jury convicted Rose after a two day jury trial in May of 2015.
Rose, 42, of Beaver, worked in the Federal Correctional Institution in Beckley as a physician’s assistant. On February 6, 2013, Rose told a prisoner that another inmate was wearing a recording device and working for the FBI as an informant. The informant identified by Rose was, in fact, working with the FBI on a large scale methamphetamine trafficking investigation and wearing a recording device as part of that investigation. After Rose revealed the identity of the FBI informant, this news quickly spread throughout the correctional facility. As a result, the FBI informant was placed at great risk of retaliation by other prisoners. The informant was subsequently moved from the prison for his own safety, and the methamphetamine trafficking investigation was abruptly terminated. The FBI investigated the leak of the information and determined that Scotty Rose was the source of the leak.
The investigation was conducted by the FBI, assisted by investigators from the Federal Bureau of Prisons. Assistant United States Attorneys Erik S. Goes and Timothy D. Boggess were responsible for the prosecution. United States District Judge Irene C. Berger sentenced the defendant and presided over the trial.
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Former Pratt Mayor sentenced for selling oxycodoneRead the Press Release
CHARLESTON, W.Va. – The former mayor of Pratt was sentenced today to three years of probation for a federal drug crime, announced Acting United States Attorney Carol Casto. Gary Fields, 68, previously pleaded guilty to distribution of oxycodone in September of 2015.
Fields admitted that on April 23, 2015, he sold six 15 mg oxycodone pills to a confidential informant working with law enforcement. The drug deal took place at the defendant’s residence in Pratt.
The investigation was conducted by the Kanawha County Sheriff’s Department. Assistant United States Attorney Haley Bunn handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This prosecution is part of an ongoing effort 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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Charleston man pleads guilty to Federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to being a felon in possession of a firearm, announced Acting United States Attorney Carol Casto. Derrick Lamb, 24, entered his guilty plea in federal court to the gun crime.
Lamb admitted that on April 13, 2015, he was in possession of a .38 caliber revolver. Lamb is prohibited from possessing any firearm because of a 2012 felony conviction in Kanawha County Circuit Court of possession of a controlled substance with intent to deliver. Lamb faces up to 10 years in federal prison and a $250,000 fine when he is sentenced on April 21, 2016.
The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney John J. Frail is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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 existing local programs targeting gun crime.
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Detroit drug dealer pleads guilty to Federal heroin crimeRead the Press Release
CHARLESTON, W.Va. – A Detroit heroin dealer pleaded guilty today to a federal drug crime, announced Acting United States Attorney Carol Casto. Lawrence Watson, 21, entered his guilty plea in federal court to distribution of heroin.
Watson admitted that on June 12, 2014, he sold heroin to a confidential informant working with law enforcement. The drug deal took place at a residence on Elaine Drive in Rand. After the drug deal, officers executed a search warrant on the residence and found Watson in the house. During the search, officers discovered additional heroin and recovered the money used in the controlled drug purchase from Watson’s pocket.
Watson faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 25, 2016.
The Metropolitan Drug Enforcement Network Team investigated the case. Assistant United States Attorney John J. Frail is in charge of the prosecution. The defendant entered his guilty plea before United States District Judge Thomas E. Johnston.
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 pills and heroin in communities across the Southern District.
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Two pill dealers prosecuted for Federal drug crimes in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – Two defendants were prosecuted today in federal court for drug crimes involving pain pills, announced Acting United States Attorney Carol Casto.
Karen Sue Fields, 45, of Olive Hill, Kentucky, was sentenced to three years and a month in federal prison for possession with intent to distribute oxycodone and alprazolam. Fields previously pleaded guilty to the federal drug crime in September of 2015. On July 6, 2014, a motorist flagged down an officer with the Huntington Police Department on 5th Street in Huntington. The motorist alerted the officer to another vehicle driving erratically on 5th Street. The officer located the vehicle, operated by Fields, and conducted a traffic stop after Fields made several abrupt turns in an attempt to evade the officer. During the course of the stop, the officer observed multiple bags of pills in the floorboard of the vehicle. After conducting a search, the officer located over 800 oxycodone tablets and over 50 alprazolam tablets. Fields admitted she had purchased the pills for $17,500 and was on her way back to Kentucky to deliver the pills to another individual.
Derrick Bernard Pritchett, 32, of Detroit, pleaded guilty to illegally selling prescription pills. On August 10, 2015, a confidential informant working with the DEA Task Force contacted Pritchett to arrange a drug deal. Pritchett met the informant on the 1200 block of Jackson Avenue in Huntington and sold the informant nine 30 mg oxycodone pills and one 2 mg alprazolam pill. Pritchett faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 25, 2016.
The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation of Fields. The investigation of Pritchett was conducted by the DEA Task Force. Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. The hearings were held before Chief United States District Judge Robert C. Chambers.
These cases are 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 pills and heroin in communities across the Southern District.
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Parkersburg man pleads guilty to Federal child pornography chargeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man faces up to 20 years in prison after pleading guilty today to possessing over 600 images and videos of child pornography, announced Acting United States Attorney Carol Casto. Charles Tom Davisson, II, 55, entered his guilty plea in federal court to the child pornography crime.
Davisson admitted that on January 22, 2015, he possessed images and videos of prepubescent minors engaged in sexual acts. The images and videos were contained on his personal computer, as well as thumb drives located at his residence in Parkersburg. The investigation revealed that Davisson was using peer-to-peer file sharing programs to download, receive, and distribute child pornography. Sentencing is scheduled for April 19, 2016, in Charleston.
The West Virginia Internet Crimes Against Children Task Force and the Wood County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The defendant entered his plea before United States District Judge John T. Copenhaver, Jr.
This case is being brought as part of an ongoing initiative by the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.
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Williamson man sentenced for Federal gun crimeRead the Press Release
CHARLESTON, W.Va. – Acting United States Attorney Carol Casto announced that a Williamson man was sentenced today in federal court in to two and a half years in prison for being a prohibited person in possession of a firearm. Lance Leonard Ward, 25, previously pleaded guilty in September of 2015 to the federal gun crime.
Ward admitted that on April 21, 2015, he possessed an Armscor Firestorm FSR .38 caliber revolver. In 2011, Ward was convicted in Mingo County Magistrate Court of a misdemeanor crime of domestic violence. As a result of that conviction, he was prohibited from possessing any firearm under federal law.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Williamson Police Department. The prosecution is being handled by Assistant United States Attorney Monica D. Coleman. United States District Judge Thomas E. Johnston 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 existing local programs targeting gun crime.
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Two women sentenced in Federal court in BeckleyRead the Press Release
BECKLEY, W.Va. – Two defendants were sentenced today in federal court in Beckley, announced Acting United States Attorney Carol Casto.
Patricia Alfieri, 55, of Schenectady, New York, was sentenced to a year and a half for escaping from the Federal Prison Camp at Alderson. Alfieri previously pleaded guilty in August of 2015, admitting that she left the prison without authorization on June 18, 2015. Law enforcement apprehended her at a motel in Lewisburg on June 28, 2015. Her new sentence will run consecutively to the sentence of three years and five months she is serving for a conviction in federal court in the Northern District of New York for mail fraud and subscribing a false tax return.
Evelyn Sizemore, 32, of Lewisburg, was sentenced to five years of probation and 100 hours of community service for using a communication device to facilitate the distribution of heroin. Sizemore previously pleaded guilty to the federal drug crime in June of 2015. She admitted that on December 9, 2014, she used a telephone in Lewisburg to send a text message to a confidential informant to arrange a drug deal for heroin. Shortly after completing arrangements for the drug deal by text message, Sizemore sold heroin to the confidential informant. Sizemore further admitted that she sold heroin to the confidential informant on other occasions.
The Alfieri case was investigated by the Federal Bureau of Prisons, the United States Marshals Service, the Greenbrier County Sheriff’s Department, and the Lewisburg Police Department. The Sizemore case was investigated by the Greenbrier Valley Regional Drug and Violent Crime Task Force. Assistant United States Attorney John L. File is in charge of both prosecutions. The sentences were imposed by United States District Judge Irene C. Berger.
The case against Sizemore was prosecuted as part of the Greenbrier Valley Heroin and Pill Initiative. This initiative is 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 pills and heroin in communities across the Southern District.
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Parkersburg man latest to be prosecuted in Federal court as part of major drug investigationRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today in federal court to four and a half years for possession with intent to distribute heroin and methamphetamine, announced Acting United States Attorney Carol Casto. Joshua Neal McVey, 32, previously pleaded guilty in October of 2015 to the federal drug crime.
On January 7, 2015, in conjunction with an investigation by the West Virginia State Police of McVey’s drug dealing in Wood County, drug task force officers executed a search warrant at McVey’s residence on Myrtle Road in Parkersburg. Among other items, police seized approximately 19 grams of heroin, 16 grams of methamphetamine, and 1,895 grams of marijuana, along with scales and packaging materials.
Other individuals prosecuted as part of this investigation include Brent J. Sidwell, who pleaded guilty in April of 2015 to conspiracy to distribute more than 100 kilograms of marijuana; Timothy Fields, who was sentenced to six years in federal prison for conspiracy to distribute cocaine and marijuana; David Naylor, who pleaded guilty to conspiracy to distribute marijuana; and Dustin Jarvis, who was sentenced to eight years in federal prison for possession with intent to distribute heroin and cocaine.
The investigation of this case resulted from ongoing cooperation between the West Virginia State Police; the Parkersburg Drug and Violent Crime Task Force; the Wood County Sheriff’s Department; the Washington County, Ohio, Major Crimes Task Force; and the Internal Revenue Service. Assistant United States Attorney Joshua Hanks is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
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 pills and heroin in communities across the Southern District.
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South Charleston woman pleads guilty to Federal methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A South Charleston woman pleaded guilty today in federal court to possession with intent to distribute methamphetamine, announced Acting United States Attorney Carol Casto.
Jonda Grandoni, 52, admitted that on October 12, 2012, she arranged to have a package containing methamphetamine shipped via FedEx to an individual who would then deliver the package to her for distribution. Law enforcement intercepted the package before it was delivered and found that it contained 11.5 grams of methamphetamine. Officers then set up a controlled delivery of the package to Grandoni, who accepted the package and was arrested. In addition to the methamphetamine recovered on October 12, 2012, Grandoni admitted that she was responsible for the distribution of over 520 grams of additional methamphetamine.
Grandoni faces up to 20 years in federal prison and a $1 million fine when she is sentenced on April 13, 2016.
This case was investigated by the Metropolitan Drug Enforcement Network Team and the Putnam County Sheriff’s Department. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
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 illegal drugs in our communities, including 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 other drugs in communities across the Southern District.
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Nitro woman sentenced for defrauding Social SecurityRead the Press Release
CHARLESTON, W.Va. – A Nitro woman was sentenced today in federal court to five years of probation and ordered to pay $131,581.40 in restitution for defrauding Social Security, announced Acting United States Attorney Carol Casto. Linda Alford, 65, previously pleaded guilty to theft of government property in September of 2015.
Alford was receiving benefits from the Social Security Administration after her husband died in 1990. In 1997, Alford remarried, which should have ended her right to collect survivor benefits. However, Alford did not report her change in marital status to the Social Security Administration, and continued to receive Social Security benefits as though she had not remarried. From 1997 to 2014, Alford received the benefits and spent the money, knowing that she was not entitled to the payments. In total, she illegally collected over $130,000 in survivor benefits.
The United States Social Security Administration’s Office of Inspector General conducted the investigation. Assistant United States Attorney Erik S. Goes prosecuted the case. United States District Judge Thomas E. Johnston imposed the sentence.
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Charleston felon sentenced for Federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today in federal court to a year and six months in prison for being a felon in possession of a firearm, announced Acting United States Attorney Carol Casto. John Stanley Ford, 25, previously pleaded guilty to the federal gun crime in October of 2015.
Ford admitted that on February 26, 2014, he possessed a Smith & Wesson .40 caliber pistol that he threw in the bushes when officers with the Charleston Police Department approached him. The West Virginia State Police Forensic Laboratory tested the firearm and found Ford’s DNA on the gun. Ford was prohibited under federal law from possessing any firearm because of a 2011 felony conviction in Kanawha County Circuit Court for wanton endangerment.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
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 existing local programs targeting gun crime.
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Two Mercer County men prosecuted for distributing pain pillsRead the Press Release
BLUEFIELD, W.Va. – Two Mercer County men appeared in federal court today on drug charges, announced Acting United States Attorney Carol Casto.
George F. Brooks Jr., 45, of Princeton, was sentenced to eight years in federal prison for distribution of oxymorphone. Brooks previously pleaded guilty in June of 2015, and admitted that on December 3, 2014, he sold oxymorphone to a confidential informant working with law enforcement. The drug deal took place on High Street in Princeton.
Keith Joseph Alfred, 42, of Bluefield, pleaded guilty to distribution of hydromorphone. Alfred admitted that on October 22, 2013, in Bluewell, he sold four hydromorphone pills to a confidential informant working with law enforcement. He faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 5, 2016.
The investigations of Brooks and Alfred were conducted by the Southern Regional Drug and Violent Crime Task Force and the West Virginia State Police Bureau of Criminal Investigation. Assistant United States Attorney John File is handling the prosecutions. The hearings took place before Senior United States District Judge David A. Faber.
These cases were prosecuted as part of the Bluefield Pill Initiative, a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation; the Mercer, McDowell and Wyoming County Sheriff’s Departments; and the Bluefield and Princeton Police Departments.
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Ohio man sentenced for Federal health care fraudRead the Press Release
HUNTINGTON, W.Va. – An Ohio man was sentenced today in federal court to three years of probation for health care fraud, announced Acting United States Attorney Carol Casto. Joshua Petrie, 36, of Proctorville, Ohio, previously pleaded guilty to the federal crime in September of 2015.
In 2009 and 2010, Petrie admitted that he worked as a sales representative and fitter for several out-of-state companies that sold and distributed back and knee braces from a medical practice in West Virginia. Petrie created fraudulent documents falsely showing that he provided braces to patients. The falsified documents included a certification from a physician indicating that the physician had ordered the braces for individual Medicare patients. In order to further the scheme, Petrie used a copy of the physician’s signature instead of an original signature. The fraudulent documents also included a delivery ticket with a signature line for patients to acknowledge receipt of the braces. Petrie forged patients’ signatures to the delivery tickets to make it appear that patients had actually received the braces. Petrie was paid in part based on the amount of his sales and therefore received additional income for each sale that he falsified. The fraudulent paperwork was used to illegally bill Medicare for approximately $38,000.
The investigation was conducted by the U.S. Department of Health and Human Services’ Office of Inspector General and the West Virginia Medicaid Fraud Control Unit. Assistant United States Attorneys Eric Bacaj and Meredith George Thomas are handling the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
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Multiple defendants plead guilty to Federal heroin crimes in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – Three defendants pleaded guilty today in federal court to various heroin crimes, announced Acting United States Attorney Carol Casto.
Eddie William Randall, 36, of Detroit, pleaded guilty to possession with intent to distribute 100 grams or more of heroin and to possession of a firearm in furtherance of a drug trafficking crime. Krishauna Deshay Brown, 37, of Huntington, pleaded guilty to possession with intent to distribute a quantity of heroin. From December 2014 until their arrests in 2015, Randall, Brown and others conspired to distribute heroin that was transported from Detroit to the Huntington area.
Brown resided at 209 West 9th Avenue in Huntington, and she allowed Randall to store and distribute heroin from her residence. On February 26, 2015, officers with the Huntington FBI Drug Task Force executed a search warrant at Brown’s residence and seized heroin, along with other paraphernalia used to sell heroin. Brown admitted that she possessed the heroin at her residence and intended to distribute it. She faces up to 20 years in federal prison when she is sentenced on April 11, 2016.
On June 25, 2015, officers executed search warrants at 2736 Rear 4th Avenue and 1128 25th Street in Huntington. Officers utilized a confidential informant to make several controlled purchases of heroin from Randall in and around those residences leading up to the search. Officers located Randall inside the 4th Avenue residence and seized approximately 40 grams of heroin, a loaded 9mm pistol, and $13,030 in cash. During the search of the 25th Street residence, officers seized approximately 280 grams of heroin and a loaded .45 caliber pistol. Randall admitted that he possessed the heroin from both residences for distribution and that he possessed the pistols in an effort to protect himself from theft or robbery of heroin or cash. Randall faces a mandatory minimum of 10 years to life in federal prison when he is sentenced on April 11, 2016.
As the result of a separate drug investigation, Terrance Donte Hensley, 20, of Huntington, pleaded guilty to distribution of heroin. Hensley admitted that on five occasions between June 26 and July 9, 2015, he distributed heroin at various locations in Hurricane and Huntington to a confidential informant working with law enforcement. Hensley faces up to 20 years in federal prison when he is sentenced on April 11, 2016.
The investigation of Brown and Randall was conducted by the Huntington FBI Drug Task Force, the Huntington Police Department and the Cabell County Sheriff’s Department. Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions of Brown and Randall. The investigation of Hensley was conducted by the Metropolitan Drug Enforcement Network Team and the DEA Task Force. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution of Hensley. These plea hearings were held before Chief United States District Judge Robert C. Chambers.
These cases are 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 pills and heroin in communities across the Southern District.
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Federal inmate pleads guilty to possessing weapon in prisonRead the Press Release
BLUEFIELD, W.Va. – An inmate at the Federal Correctional Institution at McDowell pleaded guilty today to possessing a weapon in prison, announced Acting United States Attorney Carol Casto. Tyrell Saunders, 22, entered his guilty plea in federal court to possession of a weapon by an inmate at the institution. Saunders admitted that on May 11, 2015, he possessed a handcrafted metal weapon known as a “shank.” He faces up to five years in federal prison when he is sentenced on April 5, 2016.
This case was investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File is handling the prosecution. The defendant entered his guilty plea before Senior United States District Judge David A. Faber.
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Charleston man pleads guilty to illegal possession of a firearmRead the Press Release
Charleston, W.Va. – A Charleston man pleaded guilty today to a federal gun crime, announced Acting United States Attorney Carol Casto. Richard Howard King II, 20, entered his guilty plea in federal court to possession of a firearm by an unlawful user of a controlled substance.
King admitted that on July 16, 2015, he was carrying a concealed handgun when he was approached by Charleston Police Department officers. After King informed the officers that he was armed, the officers removed a Glock Model 22, .40 caliber pistol from his waistband. King also admitted that he possessed four other firearms from July 5, 2013, through July 16, 2015, one of which was stolen. At the time he possessed each of these firearms, King admitted that he was a habitual, unlawful user of marijuana.
King faces up to 10 years in federal prison and a $250,000 fine when he is sentenced on April 11, 2016.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. The defendant entered his guilty plea before United States District Judge Thomas E. Johnston.
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 existing local programs targeting gun crime.
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South Charleston drug dealer sentenced to eight years for Federal heroin crimesRead the Press Release
CHARLESTON, W.Va. – A South Charleston drug dealer was sentenced today in federal court to eight years in prison for five drug crimes, announced Acting United States Attorney Carol Casto. Rahkeem Cheeks, 37, had previously pleaded guilty in August of 2015 to four counts of distributing heroin and one count of possessing heroin with the intent to distribute.
Cheeks admitted that on four occasions between June 2 and June 8, 2015, he sold heroin in Kanawha County to a confidential informant working with law enforcement. After the last controlled purchase, officers executed a search warrant on June 8, 2015, for a residence on Amanita Drive in South Charleston where Cheeks was staying. The officers arrested Cheeks, found him in possession of heroin, and located additional heroin in the residence, along with digital scales, empty plastic bags, and two handguns. Cheeks further admitted that he intended to distribute the heroin found by law enforcement during the search.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
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 pills and heroin in communities across the Southern District.
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Two heroin dealers plead guilty to Federal drug chargesRead the Press Release
CHARLESTON, W.Va. – Two drug dealers pleaded guilty today in federal court to heroin charges, announced Acting United States Attorney Carol Casto.
Keon Terrell Ross, 24, of Detroit, pleaded guilty to possession of heroin with intent to distribute. Ross admitted that on October 20, 2015, he traveled from Detroit to Charleston with approximately a kilogram of heroin that he intended to distribute. Law enforcement found Ross with the heroin in his hotel room at the Best Western on Washington Street East in Charleston. Ross faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 7, 2016.
Antoine Joshua Broner, 37, of Charleston, pleaded guilty to distribution of heroin. Broner admitted that on August 4, 2015, he sold heroin to a confidential informant working with law enforcement. Following the drug deal, officers seized $615 from Broner’s house in Charleston, $75 of which was pre-recorded buy money used in the controlled purchase with the confidential informant. Broner further admitted to possessing additional heroin at his residence that he intended to distribute. Broner faces up to 20 years in federal prison and a $1 million fine when he is sentenced on April 4, 2016.
The investigation of Ross was conducted by the Charleston Police Department and the Metropolitan Drug Enforcement Network Team (MDENT). The investigation of Broner was conducted by MDENT. Assistant United States Attorney Jennifer Rada Herrald is in charge of these prosecutions. The defendants entered their guilty pleas before United States District Judge Thomas E. Johnston.
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 pills and heroin in communities across the Southern District.
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Beckley physician pleads guilty to Federal drug crime and health care fraudRead the Press Release
BECKLEY, W.Va. - Acting United States Attorney Carol Casto announced today that Jose Jorge Abbud Gordinho, M.D., of Beckley, pleaded guilty in federal court to illegally prescribing the pain medication hydrocodone. Dr. Gordinho also pleaded guilty to defrauding Medicare and Medicaid by submitting materially false claims for medical services that were not medically necessary.
Dr. Gordinho admitted that he routinely prescribed pain pills for illegitimate purposes and in a manner that was outside the bounds of medical practice. Dr. Gordinho further admitted that he defrauded Medicare and Medicaid when he sought and received payment for office visits, services, and prescriptons related to his illegal prescribing practices.
United States District Judge Irene C. Berger set Dr. Gordinho’s sentencing for April 26, 2016, in Beckley. Dr. Gordinho faces up to 10 years in federal prison, a $1,250,000 fine, and restitution to Medicare and Medicaid. Additionally, as part of the plea agreement, he will permanently surrender his DEA Certificate of Registration, ensuring that he will no longer be permitted to prescribe controlled substances.
This case was investigated by the West Virginia State Police, the Federal Bureau of Investigation, and the Office of Inspector General, U.S. Department of Health and Human Services.
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 pills and heroin in communities across the Southern District.
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Beckley man sentenced on Federal drug chargeRead the Press Release
BECKLEY, W.Va. – Acting United States Attorney Carol Casto announced that a Beckley man was sentenced today in federal court to a year and three months in prison for a drug crime.
Michael Leigh Benko, 33, previously pleaded guilty in July of 2015 to using a telephone to facilitate a drug deal. Benko admitted that on January 13, 2015, he used a cell phone to coordinate the sale of oxycodone to a confidential informant working with law enforcement authorities.
The case was investigated by the Beckley/Raleigh County Drug and Violent Crime Unit. The defendant was sentenced by United States District Judge Irene C. Berger.
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 pills and heroin in communities across the Southern District.
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