District of Kansas

KANSAS CITY, KAN. – A Kansas man was sentenced Tuesday to 10 years in federal prison for methamphetamine trafficking, U.S. Attorney Stephen McAllister said.

 Miles Joseph McWhorter, 34, Paola, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. McWhorter was yelling, moving erratically and acting aggressively toward law enforcement officers when they stopped his car in Ottawa, Kan. Investigators found almost a pound of methamphetamine in the car, as well as ammunition and $2,724 in cash. After McWhorter was arrested, McWhorter’s girlfriend was arrested with 200 grams of methamphetamine and a shotgun belonging to McWhorter.

McAllister commended the Franklin County Drug Enforcement Unit, the KBI and Assistant U.S. Attorney Sheri Catania for their work on the case.

KANSAS CITY, KAN. – A Merriam restaurant owner was sentenced Tuesday to 10 months in federal prison for falsifying records he submitted to prove he was paying his workers minimum page, U.S. Attorney Stephen McAllister said.

Yong Lin, 39, Overland Park, Kan., who owned the China Garden restaurant at 5860 Antioch in Merriam, Kan., pleaded guilty to one count of falsifying records submitted to the U.S. Department of Labor.

In his plea, the defendant admitted that a federal investigation determined he was not complying with the Fair Labor Standards Act because he did not pay employees overtime after 40 hours. After he agreed to pay employees back wages, a subsequent investigation revealed he was feigning compliance by paying his servers with paychecks to bring their hourly pay up to minimum wage. In fact, however, he was requiring the servers to cash their payroll checks and turn the money back over to him.

McAllister commended the U.S. Department of Labor’s Wage and Hour Division, Office of Solicitor General, Office of Inspector General and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – A California man entered a plea agreement today in federal court in Kansas that would send him to prison for 20 years or more, U.S. Attorney Stephen McAllister said.

Tyler Barriss, 25, Los Angeles, Calif., pleaded guilty to causing a deadly swatting incident in Wichita on Dec. 28, 2017, as well as dozens of similar crimes in which no one was injured. In those cases, Barriss was charged in federal courts in California and the District of Columbia.

In the Wichita case, Barriss entered guilty pleas to count one (making a false report resulting in a death), count two (cyberstalking) and count 12 (conspiracy) of a superseding indictment.

“Without ever stepping foot in Wichita, the defendant created a chaotic situation that quickly turned from dangerous to deadly,” U.S. Attorney Stephen McAllister said. “His reasons were trivial and his disregard for the safety of other people was staggering.”

In the Kansas case, Barriss admitted making hoax calls that resulted in Wichita police surrounding an old house at 1033 W. McCormick. When officers arrived, they believed there was a man inside who had killed his own father and was holding family members hostage. A man who came outside to face police, however, had done nothing wrong and did not know about the swatting call. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed.

DISTRICT OF COLUMBIA

In the case from the District of Columbia, Barriss pleaded guilty to making hoax bomb threats in phone calls to the headquarters of the FBI and the Federal Communications Commission in Washington, D.C.

CENTRAL DISTRICT OF CALIFORNIA

In the case from the Central District of California, Barriss pleaded guilty to 46 counts, including making calls with false reports that bombs were planted at high schools, universities, shopping malls and TV stations. He made the calls from Los Angeles to emergency numbers in Ohio, New Hampshire, Nevada, Massachusetts, Illinois, Utah, Virginia, Texas, Arizona, Missouri, Maine, Pennsylvania, New Mexico, New York, Michigan, Florida and Canada.

WICHITA

Two co-defendants in the Wichita case, Casey Viner, 18, North College Hill, Ohio, and Shane Gaskill, 20, Wichita, Kan., are awaiting trial.

In Barriss’ plea, he admitted he got involved with Viner and Gaskill after they had a falling out while playing the game Call of Duty online. As a result, Viner, who was in Ohio, asked Barriss, who was in California, to swat Gaskill, who was in Wichita. Gaskill found out Barriss was stalking him and in messages over the internet he dared Barriss to carry out the swat. Gaskill fooled Barriss, however, by claiming to live at 1033 W. McCormick. In fact, Gaskill no longer lived there.

Sentencing is set for Jan. 30 before U.S. District Court Judge Eric Melgren.

McAllister and Assistant U.S. Attorney Debra Barnett prosecuted the case. In the Kansas case, McAllister commended the FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department for their work on the case. In the Middle District of California, Assistant U.S. Attorney George Emel Pence, IV, prosecuted. In the District of Columbia, Assistant U.S. Attorney Luke Matthew Jones prosecuted.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

WICHITA, KAN. – A Texas man was sentenced today to five years in federal prison for driving a load of cocaine to Kansas, U.S. Attorney Stephen McAllister said.

Ricardo Daniel Ruiz, 20, El Paso, Texas, pleaded guilty to one count of interstate travel in furtherance of drug trafficking. In his plea, he admitted that a police officer in Elkhart stopped him for speeding. A search of the vehicle turned up 6.8 kilos (about 15 pounds) of cocaine wrapped in six bundles and hidden beneath the back seat.

McAllister commended the Elkhart Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Alan Metzger for their work on the case.

WICHITA, KAN. –A convicted felon arrested after he ran from police in Salina was indicted today on federal drug and gun charges, U.S. Attorney Stephen McAllister said.

Jason P. Briscoe, 41, Minneapolis, Minn., is charged in a superseding indictment with one count possession with intent to distribute methamphetamine (count one), one count of brandishing a firearm in furtherance of drug trafficking (count two), one count of unlawful possession of a firearm in furtherance of drug trafficking (count three), two counts of unlawful possession of a firearm following a felony conviction (counts four and five) and four counts of unlawful possession of ammunition following a felony conviction (counts six through nine).

Documents filed in the case allege Briscoe got out of a 2004 Chevrolet Impala and ran when police stopped the car in March for a traffic violation. During the chase, he discarded a 9 mm Beretta handgun and a nylon bag containing a 9 mm Taurus handgun, brass knuckles, methamphetamine and marijuana.

If convicted, he faces the following penalties:

Count one: Not less than 10 years in federal prison and a fine up to $4 million.

Count two: Not less than seven years and a fine up to $250,000.

Count three: Not less than five years and a fine up to $250,000.

Counts four through nine: Up to 10 years and a fine up to $250,000.

The Salina Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting. This case is being prosecuted under the Project Safe Neighborhoods program.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A Wichita man pleaded guilty Monday to carrying a gun during a robbery of a man who was going to meet with a prostitute, U.S. Attorney Stephen McAllister said.

Christian L. Dixon, 28, Wichita, Kan., pleaded guilty to one count of carrying a firearm during a crime of violence. In his plea, he admitted he worked with another man who was running a prostitution business. Dixon’s job included obtaining drugs and driving prostitutes to meetings with customers. In a meeting in a vacant apartment in the 1200 block of Longfellow, Dixon and the other man robbed a customer of his wallet, money and cell phone at gunpoint. Dixon carried a gun during the robbery.

Sentencing is set for Jan. 28. Both parties have agreed to recommend a sentence of five years in federal prison.

Co-defendant Johnell Carter, 22, Wichita, Kan., is set for a change of plea hearing Nov. 26. McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A Mexican citizen pleaded guilty Monday to unlawfully driving himself and 10 other illegal aliens from Arizona to Kansas, U.S. Attorney Stephen McAllister said.

Alex They Maya-Dimas, 37, a citizen of Mexico, pleaded guilty to one count of transporting illegal aliens. In his plea, he admitted he was driving a 2002 GMC Yukon when a Ford County deputy stopped him. Maya-Dimas and 10 other occupants of the vehicle were Mexican citizens who were in the United States illegally. The passengers told investigators Maya-Dimas drove them from Arizona to Kansas City through Albuquerque, New Mexico.

Sentencing is set for Jan. 24. He faces up to five years in federal prison and a fine up to $250,000. McAllister commended the Ford County Sheriff’s Office, Homeland Security Investigations and Assistant U.S. Attorney David Lind for their work on the case.

TOPEKA, KAN. – A Topeka man was sentenced Monday to seven years in federal prison for his role in a methamphetamine trafficking organization that operated out of a pizza parlor, U.S. Attorney Stephen McAllister said.

Michael Price, 43, Topeka, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. In his plea, he admitted he was part of a drug trafficking ring headed by co-defendant Adolfo Barragan-Rodriguez, who ran the operation from a Pronto Pizza restaurant he owned in Topeka.

In his plea, Price admitted he bought methamphetamine from co-defendant Michelle Belair and then sold it. He also assisted Belair and Barragan-Rodriguez with distributing methamphetamine.

Barragan-Rodriguez and Belair already were sentenced. He was sentenced to 180 months and she was sentenced to 156 months.

McAllister commended the Drug Enforcement Administration, the Topeka Police Department and Assistant U.S. Attorney Skip Jacobs for their work on the case.

KANSAS CITY, KAN. – A Kansas City, Kan., man who admitted selling a pound of methamphetamine a week was sentenced Monday to 13 years in federal prison, U.S. Attorney Stephen McAllister said.

Joseph L. Cornejo, 30, Kansas City, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. When investigators served a search warrant at his home in the 5000 block of Parkview, they found methamphetamine, almost $2,000 in cash and nine firearms including handguns and rifles. Cornejo told investigators he had been selling about a pound of methamphetamine a week and sometimes he traded meth for guns.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Duston Slinkard for their work on the case.

KANSAS CITY, KAN. – A convicted felon who was under house arrest was indicted today on a federal charge of escaping custody, U.S. Attorney Stephen McAllister said.

Joaquin Florez, 42, Kansas City, Kan., is charged with one count of escaping federal custody. According to documents filed in the case, Florez was sentenced to federal prison in 2015 after being convicted on a drug charge. He was transferred from federal prison to home confinement in Kansas City, Kan.

On Sept. 13, 2018, the Bonner Springs Police Department notified the U.S. Probation Office that Florez was involved in a police chase in Bonner Springs. On the same day, Florez called the Grossman Residential Reentry Center in Leavenworth to say he was in a bind. He said he had purchased a vehicle and allowed a friend to drive it. He said the friend was involved in a chase with police. The director of the center ordered Florez to return to the center immediately. Florez did not report as required.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.

 

OTHER INDICTMENTS

 

Joseph Holbrook, Jr., 34, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 26, 2018, in Johnson County, Kan.

 

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

KANSAS CITY, KAN. – A federal prosecutor will be on duty on election day to respond to complaints of possible election fraud or voting rights violations in federal elections in Kansas, U.S. Attorney Stephen McAllister said.

“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” McAllister said. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

Assistant U.S. Attorney Jared Maag will be available to the public at 785-295-2858 while the polls are open on Nov. 6.

McAllister said he does not expect any problems during voting, but warned that there are penalties under federal law for any efforts to fraudulently influence the outcome of an election or to improperly prevent another person from exercising the right to vote.

As election officer, Maag will join other federal prosecutors across the nation as part of the election-day program of the U.S. Department of Justice. They will be responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters.

The FBI’s Kansas City Field Office will also have Special Agents available to receive allegations of election fraud, intimidation, suppression, and other election abuses. The public can provide information regarding possible election crimes to the FBI’s Kansas City Field Office’s toll-free hotline, 1-855-527-2847, or email kcpctip@ic.fbi.gov .

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC, by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

Any questions involving state or local issues may be referred to the Elections Division of the Kansas Secretary of State’s Office at 785-296-4561 or to the pertinent county election office.

KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister will send a member of his staff to observe in-person the voting in Dodge City, McAllister said today.

McAllister said: “As Attorney General Jeff Sessions emphasized in a release earlier today, ‘Voting rights are constitutional rights, and they’re part of what it means to be an American. The Department of Justice has been entrusted with an indispensable role in securing these rights for the people of this nation.’ In light of the concerns recently raised with regard to the polling place situation in Ford County, the United States Attorney’s Office for the District of Kansas will have one or more lawyers present in Dodge City on Election Day to observe the election process. To be clear, the U.S. Attorney’s office has not intervened in pending litigation, nor is it taking any position regarding that litigation. At this time, we are simply taking a basic step to observe the election with the hope that all goes smoothly in Ford County, so that each and every voter’s constitutional right to vote is honored and fully protected.”

McAllister’s office filed a notice with the court today announcing his intentions to the court and the parties involved in a civil lawsuit filed by the League of United Latin American Citizens against the Ford County Clerk’s Office.

KANSAS CITY, KAN. – A Leawood attorney was sentenced today to 18 months in federal prison for concealing his assets and income in an effort to keep the Internal Revenue Service from collecting more than $132,000 in taxes he owed, U.S. Attorney Stephen McAllister said. The defendant also was ordered to pay restitution of slightly more than $202,000, which includes penalties and interest.

David B. Mandelbaum, 58, Leawood, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted he owed more than $132,000 from the 2005, 2006, 2007, 2009 and 2010 tax years. He concealed his assets and income from the IRS by setting up bank accounts under other identities and making false statements. He also kept personal money in a trust account that was supposed to include only funds belonging to clients, in order to hide that money from the IRS.

McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Leon Patton for their work on the case.

WICHITA, KAN. – A former Wichita police officer was sentenced Friday to a year on supervised probation for failing to report what he knew about illegal poker games, U.S. Attorney Stephen McAllister said.

Bruce Mackey, 46, Goddard, Kan., pleaded guilty to one felony count of misprision of a felony. Mackey admitted that while he was a police officer he knew and did not report individuals who were conducting a gambling business. During an illegal poker game in February 2014, Mackey confirmed for organizers of the game that one of the gamblers was a Wichita police officer, after organizers of the game attempted to identify that person.

McAllister commended the Wichita Police Department, the FBI, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.

KANSAS CITY, KAN. – A Kansas City, Kan., man was sentenced Wednesday to 51months in federal prison for stealing 14 guns from a pawn shop, U.S. Attorney Stephen McAllister said.

Angel D. Mora, 20, Kansas City, Kan., pleaded guilty to one count of stealing guns from a licensed firearms dealer. At a sentencing hearing, a prosecutor said Mora and accomplices broke into Joe’s Pawn and Gun in Kansas City, Kan. They took seven rifles, five shotguns and two handguns. When police arrived during the burglary, Mora fled on foot. Investigators found him hiding along a creek bed and arrested him.

McAllister commended the Kansas City, Kan., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney David Zabel for their work on the case. The was prosecuted under the U.S. Justice Department’s Project Safe Neighborhood initiative.

TOPEKA, KAN. – The Kansas Bureau of Investigation will receive an estimated $848,459 in federal grant funds to fight methamphetamine trafficking, U.S. Attorney Stephen McAllister said today.

“Methamphetamine is closely tied in Kansas with violent crimes and property crimes,” said U.S. Attorney Stephen McAllister.

Methamphetamine is ranked as the top drug threat in Kansas, according a 2018 assessment by the Midwest High Intensity Drug Trafficking Areas. Other states to receive funding include Indiana, Iowa, Kentucky, Montana, Oklahoma, South Dakota, Tennessee and Wisconsin.

The award will come from the Office of Community Oriented Policing Services (COPS), which is part of the U.S. Department of Justice, through the COPS Anti-Methamphetamine Program (CAMP). CAMP funding may be used to locate or investigate illicit activities, including precursor diversion, laboratories or methamphetamine traffickers.

 

KANSAS CITY, KAN. – A Kansas man pleaded guilty today to assuming his brother’s identity to get a loan and buy a car, U.S. Attorney Stephen McAllister said.

John Nolan, Jr., 64, pleaded guilty to one count of bank fraud and one count of aggravated identity theft. In his plea, Nolan admitted he fraudulently used his brother’s Social Security number to purchase a Chevrolet Suburban from a car dealership in Merriam, Kan. Nolan filled out a Wells Fargo credit application using his brother’s name, date of birth and Social Security number. He also provided a driver’s license with Nolan’s picture and his brother’s identifying information. Nolan’s brother was living in Saudi Arabia and had not communicated with the defendant for years.

Sentencing is set for Jan. 24. Both parties have agreed to recommend a sentence of 30 months in federal prison. McAllister commended Virgil Reichle, U.S. Secret Service, and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. - A Wichita woman was sentenced Monday to 110 months in federal prison for prying open a display case and stealing guns from a local store, U.S. Attorney Stephen McAllister said.

Chaelyn Nichole Aaron, 28, Wichita, Kan., pleaded guilty of one count of theft of firearms. In her plea, she admitted the crime occurred March 28, 2018, at an Atwoods store at 6235 N. Broadway. Aaron went into the store and used a small red crowbar to pry open a display case. She took seven handguns from the case and left the store. According to documents filed in court, she gave the guns to a drug dealer to pay off her debt.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case. This case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.

WICHITA, KAN. - A federal jury today convicted a Wichita doctor of unlawfully distributing prescription drugs, U.S. Attorney Stephen McAllister said.

Dr. Steven R. Henson, 57, Wichita, Kan., who operated Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, was convicted on the following counts:

• Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
• Unlawfully distributing oxycodone (Counts 3 through 15).
• Unlawfully distributing oxycodone, methadone and alprazolam (Count 16).
• Unlawfully distributing methadone and alprazolam, the use of which resulted in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
  Presenting false patient records to investigators (Count 19).
• Obstruction of justice (Count 20)
• Money laundering (Counts 26 through 31).

Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Wichita Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.

During trial, prosecutors presented evidence that Henson:

• Wrote prescriptions in return for cash.
• Post-dated prescriptions.
• Wrote prescriptions without a medical need.
• Wrote prescriptions without a legitimate medical exam.
• Wrote prescriptions for people other than the ones who came to see him.
   

Sentencing will be set for a later date. He faces the following penalties:

Counts 1-16: A maximum penalty of 20 years and a fine up to $1 million on each count.

Count 17: Not less than 20 years and not more than life and a fine up to $1 million.

Count 19:  A maximum penalty of five years and a fine up to $250,000.

Count 20: A maximum penalty of one year and a fine up to $100,000.

Counts 26-31: A maximum penalty of 20 years and a fine up to $500,000 on each count.

McAllister commended the Drug Enforcement Administration’s Tactical Diversion Squad, the Newton Police Department, the Wichita Police Department, the Internal Revenue Service-Criminal Investigation Division investigated, Assistant U.S. Attorney Mona Furst and Special Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.

 

TOPEKA – A Topeka man was sentenced Monday to 40 months in federal prison for unlawful possession of a stolen gun, U.S. Attorney Stephen McAllister said.

Robert M. Glasscox, 47, Topeka, Kan., pleaded guilty to one count of possessing a stolen firearm. The investigation began when a Topeka police officer stationed in a parking lot at 2622 S.E. 6th Avenue heard three gunshots nearby. When he stopped Glasscox’s car, he found two spent shell casings and a box of ammunition in the car. Investigators found a third spent shell casing at the corner of 6th and Golden, which was identical to the spent casings in Glasscox’s car.

Investigators found a 9 mm handgun at S.E. 10th Avenue and California, near where Glasscox was stopped. The ammunition in the gun was identical to the spent shell casings and the ammunition in Glasscox’s car. The gun had been reported stolen.

McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jared Maag for their work on the case.

This case was prosecuted under the Justice Department’s Project Safe Neighborhood initiative.

WICHITA, KAN. – The Sheriff of Ness County pleaded guilty Monday to a federal firearm charge and agreed to resign, U.S. Attorney Stephen McAllister said.

Sheriff Bryan Whipple, 48, Ness City, Kan., pleaded guilty to one count of knowingly selling a gun to a person who was prohibited under federal law from possessing a firearm. In his plea, Whipple admitted he arranged to sell a .45 caliber pistol and ammunition to a man he knew was a convicted felon.

The plea agreement calls for Whipple to resign his position as sheriff and to surrender his law enforcement certification from the Kansas Commission on Peace Officers’ Standards and Training. Both parties will recommend Whipple be sentenced to probation. Sentencing is set for Jan. 17.

McAllister commended the Kansas Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. – A Wichita man was charged in federal court today with robbing three commercial businesses, U.S. Attorney Stephen McAllister said.

Willie Smith, 38, Wichita, Kan., is charged with three counts of robbery. Documents filed in court allege that Smith:

• Robbed the Express Mart convenience store at 565 S. Market in Wichita on Oct. 14. A clerk said the robber lifted up his shirt to reveal the handle of a gun.
• Robbed Peter’s Liquor store at 332 W. Harry on Oct. 15. A clerk said the robber pulled out a gun and said, “Give me the money.”
• Robbed a Quick Trip store at 1532 S. Seneca on Oct. 16. A clerk said the robber displayed a handgun and demanded money.

         

According to an affidavit filed in the case, investigators found Smith’s fingerprints at the Express Mart and the Quick Trip. Investigators did not find a gun.

If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney David Lind is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY – A Jefferson County man pleaded guilty today to failing to pay over payroll taxes to the Internal Revenue Service for a medical staffing company he owned, U.S. Attorney Stephen McAllister said.

David Monhollon, 61, Ozawkie, Kan., pleaded guilty to one count of failing to pay payroll taxes owed by First Call Medical Group, LLC. The company provided medical staffing services to health care providers. In his plea, Monhollon admitted he failed to pay a total of $68,261 for seven quarters of the company’s payroll taxes. He admitted he knew the taxes were due but paid other obligations such as payroll, utilities and telephone bills instead.

He will be sentenced at a later date. He faces a penalty of up to five years in federal prison and a fine up to $250,000. McAllister commended IRS – Criminal Investigation, Tax Division Trial Attorney John Mulcahy and Assistant U.S. Attorney Leon Patton for their work on the case.

TOPEKA, KAN. – A Topeka man was indicted in federal court Wednesday on a charge of robbing a Walgreens store, U.S. Attorney Stephen McAllister said.

Bill Oliver Chavez, 42, Topeka, Kan., is charged with one count of robbing a commercial business. The indictment alleges that on Sept. 13, 2018, Chavez robbed a Walgreens store at 3696 S.W. Topeka, Blvd.

Documents filed in court allege the lifted his shirt and showed the cashier what appeared to be the butt of a gun. The cashier emptied the register and the robber left the store with the money.

Surveillance video showed the robber was driving a four-door Nissan Maxima with a sunroof. An investigator used data from a license plate reader to help narrow the search for cars of the type in the video and owners who fit the description of the robber.

If convicted, Chavez faces a penalty of up to 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

OTHER INDICTMENTS

 

Lamar Ray Steele, 28, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The indictment alleges that on Sept. 29, 2018, Steele possessed a 9 mm handgun.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

John Wesley Towner, Jr., 30, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The indictment alleges that on Jan. 23, 2018, he possessed a 9 mm handgun.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

         

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – A Kansas City man pleaded guilty Monday to robbing a bank in Leawood, U.S. Attorney Stephen McAllister said.

Lorenzo Moore, 48, Kansas City, Mo., pleaded guilty to one count of armed bank robbery. In his plea, he admitted that on July 11, 2017, he robbed the BMO Harris Bank at 8840 State Line Road in Leawood, Kan. According to documents filed in federal court, Moore was carrying a messenger-style bag when he gave a clerk a note saying: “Bomb and gun, place money on counter, no alarms, no dye packs.”

Forensic analysis of the note Moore left in the bank revealed a fingerprint that led investigators to arrest Moore. Moore told investigators that during the robbery he put a small box on the counter so the teller’s imagination would “run wild.”

Sentencing is set for Jan. 14. He faces a sentence of up to 25 years in federal prison and restitution of $12,575. McAllister commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – A Garden City man Monday admitted he was armed while selling a dangerous mixture of fentanyl and heroin, U.S. Attorney Stephen McAllister said.

Adrian Lashawn Perkins, 41, Garden City, Kan., pleaded guilty to one count of unlawful possession of firearms in furtherance of drug trafficking. The case began when Perkins sold drugs to undercover investigators. When they served a search warrant at Perkins’ apartment, investigators found packages of fentanyl-laced heroin and four guns including a 9 mm handgun on the floor, a .22 caliber pistol under a couch, a 9 mm handgun under the mattress at the foot of a bed, and a 9 mm handgun in an unlocked safe next to the bed.

Fentanyl is a powerful synthetic opioid that is considered dangerous even in small amounts. The Justice Department has issued warnings to first responders urging them to protect themselves from exposure to it.

Sentencing is set for Jan. 3. The parties have agreed to recommend a sentence of seven years in federal prison. McAllister commended the Garden City Police Department, the Finney County Sheriff’s Office and Assistant U.S. Attorney Matt Treaster for their work on the case.

The case was prosecuted under the Justice Department’s Project Safe Neighborhoods initiative.

KANSAS CITY, KAN. – A California man was sentenced Monday to serve three years on federal probation for unlawfully selling copyrighted aviation data updates, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay more than $30,000 in restitution.

Craig M. Vincent, 51, Stockton, Calif., pleaded guilty to one count of criminal infringement of a copyright.

In his plea, Vincent admitted he used eBay to resell aviation navigational database updates in violation of Jeppesen Company’s licensing agreement for a trademarked product called NavData. Jeppesen is a Boeing subsidiary. Jeppesen’s NavData includes airport information, runway characteristics, waypoints, arrival routes, departure routes, terminal procedures and general information that a Global Positioning System or flight management computer needs to navigate an airplane to final destination.

Jeppesen sold NavData subscriptions to Kansas-based Garmin, Inc. Doing business as Merlin Enterprises, Vincent sold NavData cards and required customers to return old data cards to him.

McAllister commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.

WICHITA, KAN. – A Wichita man was charged in federal court today with robbing a local bank earlier this week, U.S. Attorney Stephen McAllister said.

Brent Allen Drees, 50, Wichita, Kan., is charged with one count of bank robbery. A criminal complaint and affidavit alleges that on Oct. 9 Drees robbed the Conway Bank at 121 E. Kellogg. Drees was wearing a baseball cap and jeans when he entered the bank and gave a teller a note saying, “Give me $3,000 and you won’t get hurt.”

Investigators identified Drees as a suspect and arrested him on Oct. 11.

Drees was released from Bureau of Prisons custody in July 2017 after serving a 46-month sentence for bank robbery.

The FBI Safe Streets Task Force investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A retired city clerk of Caney, Kan., was indicted today on charges of stealing more than $36,500 from the city, U.S. Attorney Stephen McAllister said.

Carole Sue Coker, 69, Oronogo, Mo., is charged with one count of mail fraud and one count of bank fraud. The indictment alleges that Coker, who served as city clerk for about 40 years, employed a so-called “check for cash” embezzlement scheme to conceal the crimes.

The indictment alleges Coker embezzled a portion of cash payments made to the city. She covered up the crime by recording only a portion of some checks made out to the city. In this way, Coker made the city’s books appear to balance.

If convicted, she faces up to 20 years in federal prison and a fine up to $250,000 on the mail fraud count, and up to 30 years and a fine up to $1 million on the bank fraud count. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

OTHER INDICTMENTS

The former operator of the water system in Garden Plain, Kan., was charged today with falsifying reports on the quality of the city’s drinking water, U.S. Attorney Stephen McAllister said.

Arthur Wolfe, 62, Norwich, Kan., is charged with two counts of making false statements in reports required by the Environmental Protection Agency. The indictment alleges Wolfe certified bacteriological reports in which water samples taken from some locations were represented as samples taken at other locations.

If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The Environmental Protection Agency investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Martin Urias-Sillas, 43, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 26, 2017, in Wichita, Kan.,

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney David Lind is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A former deputy with the Hamilton County Sheriff’s Department was sentenced Wednesday to a year and a day in federal prison for lying to investigators about a missing machinegun, U.S. Attorney Stephan McAllister said.

Robert W. Doty, 60, Guymon, Okla., pleaded guilty to one count of lying to a federal investigator. In his plea, Doty admitted that in March 2018 he was interviewed by an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The agent was investigating a report by the Hamilton County Sheriff’s Office that an Uzi machinegun was missing from its inventory.

Doty told the agent that he had cleaned the machinegun, taken it to the range to shoot it and then returned it to the Sheriff’s office. In fact, Doty did not return the machinegun. He took it to a third party’s house and left it there.

According to the Kansas Commission on Peace Officers’ Standards and Training, Doty’s certification as a law enforcement officer has been revoked.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. - A Wichita man pleaded guilty today to robbing a Quik Trip in Wichita, U.S. Attorney Stephan McAllister said.

Samuel L. Vliet, 26, Wichita, Kan., pleaded guilty to one count of robbing a commercial business. In his plea, he admitted that on July 18, 2018, he robbed a Quik Trip at 110 S. Rock Road in Wichita. After Vliet left the store with money from the register, investigators lifted prints from a door where the clerk saw the robber touch the glass. The prints helped investigators identify Vliet and arrest him.

Sentencing is set for Jan. 3. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.

WICHITA, KAN. – A Hutchinson man was sentenced today to 60 days in federal prison for stealing $145,000 from a company where he worked, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay full restitution.

Richard H. Yust, 65, Hutchinson, Kan., pleaded guilty to one count of wire fraud. In his plea, he admitted the crime occurred while he was working as controller for F&H Insulation Sales and Service, Inc., in Kechi, Kan. He used company credit cards to make unauthorized purchases of items for his personal use.

After serving the sentence, Yust will be on supervised release for three years.

McAllister commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.

KANSAS CITY, KAN. - A former Leavenworth inmate was sentenced today to 15 years in federal prison for attacking a Leavenworth prison guard with a pair of scissors, said U.S. Attorney Stephen McAllister. The defendant also was ordered to pay $18,692 in restitution.

Richard A. James, Jr., 27, who is in federal custody, pleaded guilty to one count of assaulting a federal officer. In his plea, he admitted he attacked Joseph Brian Wilson, a unit manager for the U.S. Bureau of Prisons. James admitted he sharpened the ends of a pair of grooming scissors and stabbed Wilson. Corrections officers had to pull James off Wilson to stop the attack. James later told investigators he wanted a “change of scenery” and hoped he would be moved to another prison because of the attack.

McAllister commended the FBI and Assistant U.S. Attorney David Zabel for their work on the case.

KANSAS CITY, KAN. – A Coffeyville woman was sentenced today to 60 days in federal prison for stealing $150,000 from a customer at a bank where she worked, U.S. Attorney Stephen McAllister said. In addition, she was ordered to pay full restitution.

Phyllis Lanning, 61, Coffeyville, Kan., pleaded guilty to one count of mail fraud. She admitted that while she worked for Condon National Bank in Coffeyville, Kan., she created and mailed falsified documents in order to conceal the fact she stole $150,000 from a customer’s account. She diverted legitimate monthly statements to a postal address in Bartlesville, Okla., that she controlled. She prepared counterfeit statements and mailed them to the owner of the account. The theft was discovered after the owner of the account died and family members took control of the account.

McAllister commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

 

WICHITA, KAN. - A Wichita man was sentenced Tuesday to 57 months in federal prison for stealing guns out of an undercover Sedgwick County Sheriff's car, U.S. Attorney Stephen McAllister said.

Travis J. Keller, 38, Wichita, Kan., pleaded guilty to one count of possessing stolen firearms. In his plea, he admitted that he and co-defendant Justin W. Winger, took guns from the unmarked car, including a 9 mm handgun, a 12-guage shotgun and a 5.56 caliber rifle.

Co-defendant Arthur M. Mannie is scheduled for trial Jan. 8. Co-defendant Justin W. Winger is scheduled for sentencing Nov. 19.

McAllister commended the Sedgwick County Sheriff’s Office and Assistant U.S. Attorney Matt Treaster for their work on the case.

TOPEKA, KAN. – A Manhattan man was sentenced Tuesday to 51 months in federal prison for viewing child pornography, U.S. Attorney Stephen McAllister said. He also was ordered to pay $26,000 in restitution whose images he viewed.

John Francis Wear, 48, Manhattan, Kan., pleaded guilty to one count of accessing child pornography online. Wear admitted he downloaded software that masks a user’s identity online so he could view sexually explicit photos of children under the age of 18.

McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

WICHITA, KAN. - A convicted felon was sentenced Tuesday to 77 months in federal prison for illegally possessing four firearms, U.S. Attorney Stephen McAllister said.

Matthew Lee Fleming, 28, Wichita, Kan., pleaded guilty to one count of unlawful possession of firearms following felony convictions. He was on parole in a state district court case when law enforcement officers searched his home in Wichita. They found a 12-gauge shotgun, a .22 caliber rifle, a .40 caliber handgun and a .38 caliber pistol.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case.

TOPEKA, KAN. - A federal jury Thursday found a Morris County man guilty of downloading child pornography from the internet, U.S. Attorney Stephen McAllister said.

Wesley Wagner, 54, White City, Kan., was convicted of one count of receiving child pornography and one count of possessing child pornography. During trial, the prosecutor presented evidence that the FBI seized a server belonging to a now-defunct website called Playpen that provided users access to child pornography. The FBI used computer forensics to identify the site’s users, including Wagner. Based on that information, the FBI obtained a warrant to search the defendant’s home.

Sentencing is set for Jan. 7. Wagner faces a penalty of not less than five years and not more than 20 years in federal prison on the charge of receiving child pornography, and up to 10 years on possession charge.

McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

WICHITA, KAN. -  A $493,694 federal grant will support the Wichita Police Department’s program to work with gun owners and gun dealers to reduce violent crime, U.S. Attorney Stephen McAllister said today.

The grant to the Wichita Police Department comes from the U.S. Department of Justice’s Project Safe Neighborhood program. This week is the one-year anniversary of the revitalized Project Safe Neighborhood program, which is a centerpiece of the Justice Department’s strategy for reducing violent crime.

“The Wichita police have some innovative new ideas for reducing violent crime,” McAllister said. “Our office is working closely with them to coordinate our efforts and make our communities safer.”

Deputy Chief Jose Salcido said the department soon will be announcing a new program to educate the public on what everyone can do to help reduce violent crime by preventing guns from being stolen and used in crimes. The voluntary program also will reach out to gun ranges and gun dealers, he said.

 

KANSAS CITY, KAN. - A Kansas man pleaded guilty Wednesday to unlawfully importing endangered leopard cats, U.S. Attorney Stephen McAllister said.

The leopard cat is a small wild cat native to Asia. It is considered as an endangered species under federal law.

Lawrence E. Payne, 34, Olathe, Kan., pleaded guilty to one count of violating the Endangered Species Act. The investigation began when Payne applied to the U.S. Department of Agriculture for a breeding license for Asian leopard cats. When investigators served a search warrant at Payne’s home, they found three Asian leopard cats. Payne admitted importing the animals.

Sentencing will be set for a later date. He faces a penalty of up to a year in jail and a fine up to $50,000. McAllister commended the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY, KAN. – A Kansas man was indicted Wednesday on charges of robbing a bank in Kansas City, Kan., U.S. Attorney Stephen McAllister said.

Ralph McGinnis, 62, Kansas City, Kan., was charged with one count of bank robbery. The indictment alleges that on Sept. 6, 2018, McGinnis robbed the Bank of Labor at 756 Minnesota Avenue. According to documents filed in the case, McGinnis told a teller, “Don’t say anything,” as he handed her a note. The note said: “This is a robbery. Give me 100’s and 50’s.” After the robbery, a security guard followed the robber to a nearby apartment building where McGinnis was living.

If convicted, McGinnis faces up to 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Trent Krug is prosecuting.OTHER INDICTMENTS

 Jose Martinez De La Cruz, 43, who has been living in Kansas City, Kan., although he is not a U.S. citizen, is charged with unlawfully re-entering the United States after being deported in 2010.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Alan Lopez-Perez, 29, who has been living in Shawnee, Kan., although he is not a U.S. citizen, is charged with unlawfully re-entering the United States after twice being deported.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Thomas Vanlerberg, 60, Tonganoxie, Kan., is charged with one count of distributing methamphetamine and one count of possessing methamphetamine. The crimes are alleged to have occurred Feb. 1, 2017, in Leavenworth County, Kan.

If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million on each count. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.

 Jason E. Valles, 37, Atchison, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of unlawful possession of a firearm by a user of controlled substances. The crime is alleged to have occurred June 14, 2018, in Atchison County, Kan.

If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million on the drug charge, not less than five years and a fine up to $250,000 on the first firearm count and up to 10 years and a fine up to $250,000 on the second firearms count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney David Zabel is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

KANSAS CITY, KAN. - A $700,000 federal grant will support innovative policing programs in Kansas City, Kan., U.S. Attorney Stephen McAllister said today.

The grant to the Unified Government of Wyandotte County and Kansas City, Kan., comes from the U.S. Department of Justice’s Project Safe Neighborhood program. This week is the one-year anniversary of the revitalized PSN program, which is a centerpiece of the Justice Department’s strategy for reducing violent crime.

“This money will help police test promising crime prevention strategies aimed at reducing violent crime in targeted areas,” McAllister said.

The Department’s announcement said the county and the police department will use the grant to pay for high-visibility proactive policing under an initiative called Operation ICON (Impacting Crime in Our Neighborhoods). The program includes traffic enforcement, pedestrian checks, residential and business checks and positive community engagement contacts within an identified high-crime 20-square-mile geographic region of Kansas City, Kan.

TOPEKA, KAN. - A federal jury trial begins today for a Morris County man charged with downloading child pornography from the internet, U.S. Attorney Stephen McAllister said.

Wesley Wagner, 54, White City, Kan., is charged with one count of receiving child pornography and one count of possessing child pornography. According to court documents, the FBI seized a server belonging to a now-defunct website called Playpen that provided users access to child pornography. The FBI used computer forensics to identify the site’s users, including the defendant. Based on that information, the FBI obtained a warrant to search the defendant’s home.

If convicted, the defendant faces a penalty of not less than five years and not more than 20 years in federal prison on the charge of receiving child pornography, and up to 10 years on possession charge.

The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

WICHITA, KAN. - A federal jury trial begins today for a Wichita doctor charged with unlawfully distributing opioid prescription drugs, U.S. Attorney Stephen McAllister said.

Dr. Steven R. Henson, 57, Wichita, Kan., who operated Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, is charged in the following counts:

• Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
• Unlawfully distributing controlled substances, including oxycodone, methadone or alprazolam (Counts 3 through 14, and 16).
• Unlawfully distributing methadone and alprazolam, resulting in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
• Unlawful possession of a firearm in furtherance of drug trafficking (Count 18)
• Falsifying patient records (Count 19).
• Obstruction of justice (Count 20)
• Money laundering (Counts 21 through 31).

As a physician, Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Wichita Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.

The indictment alleges Henson:

• Wrote prescriptions without a medical need.
• Wrote prescriptions without a legitimate medical exam.
• Wrote prescriptions for people other than the ones who came to see him.
• Wrote prescriptions in return for cash.
• Post-dated prescriptions.

If convicted, the defendant will face the following penalties:

Counts 1-16: A maximum penalty of 20 years and a fine up to $1 million on each count.

Count 17: Not less than 20 years and not more than life and a fine up to $1 million.

Count 18: A maximum penalty of five years and a fine up to $250,000.

Count 19: A maximum penalty of five years and a fine up to $250,000.

Count 20: A maximum penalty of one year and a fine up to $100,000.

Counts 21-25: A maximum penalty of 10 years and a fine up to $250,000 on each count.

Counts 26-31: A maximum penalty of 20 years and a fine up to $500,000 on each count.

 

The Drug Enforcement Administration’s Tactical Diversion Squad, the Newton Police Department, the Wichita Police Department and the Internal Revenue Service-Criminal Investigation Division investigated. Assistant U.S. Attorney Mona Furst and Special Assistant U.S. Attorney Kimberly Rodebaugh are prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct

WICHITA, KAN. – A convicted felon who lives in Wichita will remain in jail pending trial on a federal firearm charge, U.S. Attorney Stephen McAllister said Monday.

Justin Mashaney, 29, Wichita, Kan., appeared in federal court Monday for a hearing on whether he would be released pending trial. U.S. Magistrate Judge Gwynne E. Birzer granted the government’s motion to keep him in jail. Mashaney is charged with one count of unlawful possession of a firearm following a felony conviction.

According to an affidavit filed in the case, law enforcement officers were investigating the murder of Sedgwick County Sheriff’s Deputy Robert Kunze by Cody Greeson when they encountered Mashaney. They were investigating information they received that Mashaney and Greeson had been committing crimes together. Greeson and Deputy Kunze died Sept. 16 in an exchange of fire.

If convicted, Mashaney faces up to 10 years in federal prison and a fine up to $250,000. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – Tyler Barriss, 25, Los Angeles, Calif., was arraigned in federal court in Wichita today on a superseding indictment charging him in connection with a Dec. 28, 2017, swatting incident in Wichita, U.S. Attorney Stephen McAllister said.

Barriss, who is being held on state charges in Sedgwick County District Court, including involuntary manslaughter, waived his right to a hearing on whether he could be released while awaiting trial on the federal charges. Trial in the state case is set for Jan. 7. Barriss is accused of making a hoax call to Wichita police. In the resulting confusion, police shot and killed 28-year-old Andrew Finch.

A superseding indictment filed in federal court charges Barriss with making false/hoax reports to emergency services, cyberstalking, making interstate threats, making interstate threats to harm by fire, wire fraud and conspiracy to make false/hoax reports. Also charged in the superseding indictment are co-defendants Casey Viner, 18, North College Hill, Ohio, and Shane Gaskill, 20, Wichita Kan.

Currently, the three defendants are scheduled for trial on the federal charges Nov. 6 before U.S. District Judge Eric Melgren, but the date is likely to change.

The FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department investigated. U.S. Attorney Stephen McAllister is prosecuting along with Assistant U.S. Attorney Debra Barnett.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A Wichita man pleaded guilty Wednesday to brandishing a gun during a robbery at a local credit union, U.S. Attorney Stephen McAllister said.

Mack W. Colvin, Jr., 32, Park City, Kan., pleaded guilty to one count of brandishing a firearm during a crime of violence. In his plea, he admitted that on Dec. 19, 2017, he robbed the Wheat State Credit Union at 1400 S. Oliver. He pointed a firearm at tellers and demanded money. According to court records, an employee got the tag number of the car he was driving and police used the information to locate Colvin and arrest him.

Sentencing is set for Dec. 17. Both parties have agreed to recommend a sentence of seven years in federal prison.

McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.

KANSAS CITY, KAN. – A $736,313 grant from the Department of Justice will help Kansas expand its K-TRACS prescription drug monitoring program, U.S. Attorney Stephen McAllister said today.

The Kansas Board of Pharmacy, which operates K-TRACS, will receive the money. The grant comes from a justice department program aimed at helping law enforcement and public health officials across the nation address prescription drug and opioid misuse.

The Centers for Disease Control and Prevention estimate that 72,000 Americans died last year from drug overdoses.

“We are facing the deadliest drug crisis in American history,” said U.S. Attorney General Jeff Sessions. “We’ve never seen anything like it.”

Stephen McAllister, U.S. Attorney for the District of Kansas, said: “Kansans and all Americans need to understand that opioid addiction is a national public health emergency. Tens of thousands of people every year are disappearing into a whirlpool of addiction, bankruptcy, divorce and death.”

The Kansas Board of Pharmacy will use the money to develop a public awareness campaign for K-TRACS, to conduct an audit of K-TRACS records and to hire a special investigator who will use K-TRACS data to identify suspicious and harmful prescribing patterns.

 

WICHITA, KAN. – A convicted felon who lives in Wichita was charged Tuesday in federal court with unlawful possession of a firearm, U.S. Attorney Stephen McAllister said. Documents filed with the court said the defendant was identified during an investigation of the murder of Sedgwick County Sheriff’s Deputy Robert Kunze.

Justin Mashaney, 29, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. According to an affidavit filed in the case, law enforcement officers were investigating Kunze’s murder by Cody Greeson when they learned Mashaney recently had been committing crimes with Greeson. Greeson and Kunze died Sept. 16 in an exchange of fire.

On Sept. 23, investigators went to a residence in the 500 block of South All Hallows to find Mashaney. In a truck registered to Mashaney they found a rifle and a 9 mm handgun. In 2015, Mashaney was convicted of burglary and sentenced to 20 months in jail.

If convicted, Mashaney faces up to 10 years in federal prison and a fine up to $250,000. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

TOPEKA, KAN. – A Junction City contractor was indicted Wednesday on charges of selling more than $7,000 worth of methamphetamine to undercover investigators, U.S. Attorney Stephen McAllister said.

Gerald W. Etherton, 59, Junction City, Kan., is charged with six counts of distributing methamphetamine. According to court records, in April 2018 the Kansas Bureau of Investigation and other law enforcement agencies began investigating Etherton, who owned Jerry’s Construction at 305 E. 8th in Junction City. Undercover agents made a series of buys from Etherton ranging in amount from an ounce of meth for $600 to a quarter of a pound for $2,000.

If convicted, Etherton faces a penalty of not less than 10 years in federal prison and a fine up to $10 million on five of the six counts, and up to 20 years and a fine up to $1 million on one of the counts. The KBI investigated with the assistance of the Geary County Sheriff’s Office, the Junction City Police Department and the Geary County Attorney’s Office. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

 

OTHER INDICTMENTS

Guillermo D. Andrade, 22, Oklahoma City, Okla., and Kiamichi F. Bond, 21, Norman, Okla., are charged with possession with intent to distribute 21 pounds of methamphetamine. In addition, Bond in charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 12, 2018, in Thomas County, Kan.

 

Upon conviction, the drug count carries a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The firearm count carries a penalty of up to 10 years and a fine up to $250,000. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

 

Blake Nicol, 25, Salina, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred July 3, 2018, in Saline County, Kan.

If convicted, Nicol faces up to 20 years in federal prison and a fine up to $1 million on the drug charge, up to 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm by a felon, and not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking. The Salina Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

Taylor M. DeGarmo, 38, Wichita, Kan., Bret M. Davis, 36, Derby, Kan., and Vanessa M. Hull, 34, Winfield, Kan., are charged with drug trafficking. DeGarmo is charged with one count of distributing methamphetamine (count two), one count of possession with intent to distribute meth (count three) and one count of possession of a firearm in furtherance of drug trafficking (count four). Davis and Hull are charged with one count of possession with intent to distribute meth (count one). The crimes are alleged to have occurred Sept. 5 and 6, 2018, in Sedgwick County, Kan.

 

          Upon conviction, the crimes carry the following penalties:

               Counts one and two: Not less than five years, not more than 40 years, and a fine up to $5 million.

               Count three: Not less than 10 years and a fine up to $10 million.

               Count four: Not less than five years and a fine up to $250,000.

The Drug Enforcement Administration investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Nathan J. Moss, 32, Columbus, Kan., is charged with one count of stealing a firearm from a licensed dealer, two counts of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a silencer. The crimes are alleged to have occurred in August 2018 in Crawford and Cherokee counties.

Upon conviction, the crimes carry the following penalties:

          Theft from a licensed firearms dealer: Up to 10 years in federal prison and a fine up to $250,000.

          Unlawful possession of a firearm by a convicted felon: Up to 10 years and a fine up to $250,000.

          Unlawful possession of a silencer: Up to 10 years and a fine up to $250,000.

The Cherokee County Sheriff’s Office, the Pittsburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.