FEDERAL DISTRICT ARCHIVE
Western District of North Carolina
Press releases recorded for this federal judicial district.
Russ Ferguson to Lead U.S. Attorney's Office as Presidentially Appointed United States Attorney Following U.S. Senate ConfirmationRead the Press Release
CHARLOTTE, N.C. – Russ Ferguson will lead the U.S. Attorney’s Office as the presidentially-appointed United States Attorney for the Western District of North Carolina, following his confirmation by the United States Senate on December 18, 2025. Nominated by President Donald Trump, who formally signed his commission on December 23, 2025, U.S. Attorney Ferguson took the oath of office, administered by the Honorable Frank D. Whitney, Senior United States District Judge, on Christmas Eve.
Mr. Ferguson was first appointed as interim United States Attorney by Attorney General Pamela Bondi on March 3, 2025, and sworn in on March 11, 2025. He was subsequently unanimously appointed to the position by all federal judges in this district effective June 30, 2025. He was then nominated by the President on July 30, 2025.
“It is the honor of a lifetime to serve the people of the Western District of North Carolina as their U.S. Attorney,” said U.S. Attorney Ferguson. “We are a district that punches above our weight — and we will continue to deliver justice that is tough, fair, and focused on keeping our communities safe. I am grateful to the President for his trust and to the U.S. Senate for my confirmation. I will continue to approach this responsibility with integrity and accountability.”
As the chief federal law enforcement officer for the Western District of North Carolina, U.S. Attorney Ferguson oversees federal criminal prosecutions and civil litigation on behalf of the United States. He leads an office of nearly 100 federal prosecutors and professional staff serving 32 counties across western North Carolina, including the Eastern Band of Cherokee Indians — the largest federally recognized tribe east of the Mississippi — and the Great Smoky Mountain National Park, the most-visited national park in the nation.
Since taking office, U.S. Attorney Ferguson has:
- Increased prosecutions by implementing Operation Take Back America to dismantle gang and cartel networks operating in Western North Carolina and target drug-induced violence and large-scale drug trafficking networks.
- Strengthened partnerships with law enforcement to increase prosecutions of convicted felons in possession of illegal firearms, repeat offenders, and those drivers of violent crime.
- Expanded outreach to nonprofit organizations and community advocates to enhance crime prevention strategies, education, and engagement through partnerships in rural counties.
- Expanded protections for vulnerable populations by prioritizing cases involving older adults and children.
- Prioritized recouping public dollars and protecting government-funded programs from fraud through increased criminal prosecutions and civil enforcement actions.
U.S. Attorney Ferguson brings more than 16 years of legal experience to the office. He began his career as a federal prosecutor in the U.S. Attorney’s Office for the District of Columbia, where he tried 28 cases to verdict, and served as Legislative Counsel for the U.S. Senate Judiciary Committee. Prior to returning to public service, he was a partner at Womble Bond Dickinson and led the firm’s complex litigation group, handling high-profile civil and criminal matters in courtrooms and arbitration tribunals around the world.
He has been recognized for professional excellence and service by Super Lawyers, Best Lawyers in America, North Carolina Business Elite, and the Charlotte Business Journal’s Forty Under Forty Award. The Mecklenburg County Bar honored him with its award for Best Individual Attorney for his dedication to pro bono service. Ferguson has written and presented extensively on issues involving federal criminal practice and complex litigation.
U.S. Attorney Ferguson has served the community by serving on the Board of NourishUp, Charlotte’s food pantry and meals on wheels organization, demonstrating his ongoing commitment to addressing hunger and supporting families in need. He also previously served on Keep Charlotte Beautiful, to which he was appointed by the City Council, and on the Mecklenburg County Bar’s Board of Directors.
A Duke University graduate, Ferguson earned his law degree and Master of Laws from Georgetown University Law Center. He clerked for Judge Frank D. Whitney of the U.S. District Court for the Western District of North Carolina.
U.S. Attorney's Office Joins Justice Department in Announcing Results of Operation Relentless JusticeRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson joins the Department of Justice in announcing the results of Operation Relentless Justice, a nationwide coordinated enforcement effort to identify, track, and arrest child sex predators. In the Western District of North Carolina, the operation resulted in federal charges against a Hickory man for possession of child sexual abuse material, along with drug and firearm offenses. The nationwide crackdown resulted in over 205 child victims being located and the arrests of over 293 child sexual abuse offenders. The coordinated effort was executed over the course of two weeks by all 56 FBI field offices, the Child Exploitation and Obscenity Section (CEOS) in the Department’s Criminal Division, and U.S. Attorneys’ offices around the country.
“We will not allow evil criminals who prey on children to evade justice,” said Attorney General Pamela Bondi. “Our federal agents have worked tirelessly alongside our state and local partners to track down these vile predators, and now our prosecutors will ensure they receive severe punishments to match their horrific crimes.”
“Operation Relentless Justice shows no child will be forgotten and that all predators targeting the most vulnerable amongst us will be held accountable,” said FBI Director Kash Patel. “This year, the FBI has led multiple nationwide surges across the U.S. to find and arrest hundreds of child predators. We will not stop until every child can live a life free of exploitation. We will utilize the strength of all our field offices and our federal, state, and local partners to protect communities across the nation from such horrific crimes.”
“The name of the operation says it all – we will be relentless when it comes to protecting our children,” said U.S. Attorney Russ Ferguson. “As we did here, we will use the full resources of the Department of Justice to protect children who live in this district and put their abusers behind bars.”
“There is no place in our community for people who prey on and sexually exploit children. The FBI will use every resource available to find these predators and work with prosecutors to put them behind bars where they can no longer harm a child. Operation Relentless Justice is a never-ending commitment to protect innocent children,” said James C. Barnacle Jr., the FBI Special Agent in Charge in North Carolina.
In the Western District of North Carolina, an investigation stemming from Operation Relentless Justice resulted in criminal charges filed against a Hickory man, for possession of child sexual abuse material (CSAM), in addition to drug and gun offenses. According to allegations in the criminal indictment, on or about December 11, 2024, Tony Chache See, 29, did knowingly possess and access with intent to view CSAM, that involved a prepubescent minor and a minor under 12 years of age. The indictment also alleges that, between March and December 2024, See distributed methamphetamine and cocaine in and around Catawba County, and possessed a firearm, including a short-barreled rifle, in furtherance of a drug trafficking crime.
According to the Justice Department’s announcement, those arrested as part of Operation Relentless Justice are alleged to have committed various crimes, including the production, distribution, and possession of child sexual abuse material; online enticement and transportation of minors; and child sex trafficking. Some of the alleged offenders include an airman out of Dallas, TX, who was arrested with his wife for producing child sex abuse material (CSAM), as well as a Police Officer from Raleigh, NC, who distributed CSAM to an undercover officer while discussing his interest in engaging in sexual contact with children. In another case involving enticement of a minor, the Miami Field Office arrested a Guatemalan national who was previously deported in 2011, and had previous arrests for battery, disorderly conduct, resisting arrest, and carrying a concealed weapon.
As sextortion cases continue to rise, this operation highlights arrests of individuals who target vulnerable children online including the five leaders of Greggy’s Cult, as well as a Virginia man who persuaded a 14-year-old to produce CSAM. The victim attempted suicide after he allegedly told her to kill herself.
This effort follows two other successful operations, including Operation Restore Justice in May, which resulted in the rescue of 115 children and the arrests of 205 child sex abuse offenders, and Operation Enduring Justice in August, which resulted in the rescue of 133 children and the arrests of 234 offenders.
The FBI's Victim Services Division (VSD) assisted victims during this operation and provided services, to include forensic interviews, referrals for medical and mental health resources, and coordination with partners. VSD's mission is to inform, support, and assist victims in navigating the aftermath of crime and the criminal justice process with dignity and resilience.
These operations underscore the Department’s unwavering commitment to protecting children and combating child sexual exploitation. These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit justice.gov/psc.
The Department partners with and oversees funding grants for the National Center for Missing and Exploited Children (NCMEC), which receives and shares tips about possible child sexual exploitation received through its 24/7 hotline at 1-800-THE-LOST and on missingkids.org.
The Department urges the public to remain vigilant and report suspected exploitation of a child through the FBI's tipline at 1-800-CALL-FBI (225-5324), tips.fbi.gov, or by calling your local FBI field office.
An indictment is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Armed Methamphetamine Traffickers Appear in Federal Court on Drug and Gun ChargesRead the Press Release
CHARLOTTE, N.C. – Jonathan Grant Fox, 44, and his daughter, Nevaeh Elizabeth Fox, 19, both of Hickory, appeared in federal court yesterday on drug trafficking and firearms charges, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Jonathan and Nevaeh Fox are each charged with conspiracy to distribute methamphetamine, distribution of methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Jonathan Fox is also charged with trafficking in firearms.
U.S. Attorney Ferguson is joined in making today’s announcement by Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Bryan Adams of the Hickory Police Department.
According to allegations in the indictment, Jonathan and Nevaeh Fox conspired with each other and other individuals to distribute at least 50 grams of methamphetamine in and around Catawba County. The indictment further alleges that Jonathan and Nevaeh Fox did knowingly possess firearms in furtherance of their drug trafficking crimes. It is also alleged that Jonathan Fox, in August 2025, did engage in the trafficking of nine firearms:
- Springfield, model XD, 9mm pistol
- Glock, model 19M, 9mm pistol
- Glock, model 11, .40 caliber pistol
- Bersa, model Thunder380, .380 caliber pistol
- Mossberg, model 500 tactical 12-guage shotgun
- Romarm Draco 9S, 9mm pistol
- Sig Sauer, model P320C, 9mm pistol
- Rock Island Armory, model 1911A1, .45 caliber pistol
- Hi-Point, model 1095TS, 10mm rifle
The defendants were arrested on December 16, 2025. While executing the arrest warrants, law enforcement seized additional fentanyl, methamphetamine, and cocaine, 18 firearms, and $11,139 in U.S. Currency.
The defendants are in federal custody. If convicted, they face up to a maximum sentence of life in prison. A federal district court judge will determine the ultimate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against the defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the ATF and the Hickory Police Department for their investigative efforts and the North Carolina State Bureau of Investigations, the Catawba Count Sheriff’s Office, the Newton Police Department, the Maiden Police Department, and the Burke County Sheriff’s Office for their invaluable assistance in this case.
Special Assistant U.S. Attorney (SAUSA) William Wiseman is prosecuting the case. Mr. Wiseman is a state prosecutor with the office of the 26th Prosecutorial District and was assigned by District Attorney Spencer Merriweather to serve as a SAUSA with the U.S. Attorney’s Office in Charlotte. Mr. Wiseman is sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the District Attorney’s Office and the U.S. Attorney’s Office.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
Member of Asheville Drug Distribution Ring Is Sentenced to PrisonRead the Press Release
ASHEVILLE, N.C. – Charmaine Vapreece Fair, 32, of Asheville, was sentenced on Thursday, December 11, 2025, to 66 months in prison for conspiracy to distribute and to possess with intent to distribute fentanyl and methamphetamine, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. In addition to the prison term, Fair was sentenced to five years of supervised release.
According to records filed in the case, from 2021 to 2023, Fair was part of a drug conspiracy that trafficked methamphetamine, fentanyl, and cocaine in Buncombe, Henderson, and Transylvania Counties. Zachery Micah Rice, Fair’s boyfriend and the major supplier, would obtain the drugs from a supplier in Atlanta and then transport them back to Western North Carolina for further distribution through a local network. During one of Rice’s trip, law enforcement stopped and searched Rice’s vehicle, seizing over 11.5 kilograms of methamphetamine, a .40 caliber pistol modified to fully automatic, and more than $32,683 in cash. Investigators later executed search warrants at two stashes house, to include Fair’s apartment, and a storage unit used by Rice, recovering kilogram quantities of fentanyl and methamphetamine, multiple firearms, including high-capacity magazines, ammunition, digital scales, drug paraphernalia used for drug distribution, and more than $27,470. When interviewed, Fair admitted to picking up money for Rice, admitted that she took drugs to certain people, and she would distribute drugs for Rice. Fair confirmed that she distributed prepackaged and weighed drugs to drug customers who would give Fair cash, which Fair would then deposit the money.
Fair pleaded guilty on June 9, 2025, to conspiracy to possess with intent to distribute controlled substances. She will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility.
Rice was sentenced last May to more than 28 years in prison. Rice’s drug supplier was Les Corey Peak, a Georgia inmate sentenced in November to 20 years in prison.
In making today’s announcement, U.S. Attorney Ferguson thanked the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the Buncombe County Sheriff’s Office, the North Carolina State Bureau of Investigation the Henderson County Sheriff’s Office, the Anderson County Sheriff’s Office in South Carolina, the Asheville Police Department, the Waynesville Police Department, the Cherokee Indian Police Department, the Rutherford County Sheriff’s Office, the Transylvania County Sheriff’s Office, the Haywood County Sheriff’s Office, the Swain County Sheriff’s Office, the Jackson County Sheriff’s Office, the Clay County Sheriff’s Office, and the Spartanburg County Sheriff’s Office in South Carolina for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Convicted Drug Trafficker Armed with Machinegun Is Sentenced to 21 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – Grey Alan Hester, 50, of Candler, N.C. was sentenced on Thursday, December 11, 2025, to 21 years in prison followed by five years of supervised release on drug and gun charges, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Jae W. Chung, Acting Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, Sheriff Quentin Miller of the Buncombe County Sheriff’s Office, and Chief Carla Neadeau of the Cherokee Indian Police Department (CIPD), join U.S. Attorney Ferguson in making the announcement.
According to records filed in the case, from 2021 to 2023, Hester trafficked methamphetamine and fentanyl in Buncombe and Jackson Counties. Court documents show that on July 11, 2023, Cherokee Indian Police Department officers encountered Hester who was attempting to use a fake identification card at Harrah’s Casino. During the encounter, officers seized from Hester more than $11,380, fentanyl, and a loaded pistol from a holster on Hester’s hip. The officers later searched Hester’s backpacks that contained quantities of fentanyl and methamphetamine, a pistol with an affixed machinegun conversion kit, known as a “Glock Switch,” a 30-round extended magazine loaded with 23 rounds of ammunition, digital scales, and other drug paraphernalia. According to court records, on July 14, 2023, law enforcement conducted a search of Hester’s Buncombe Country home, where they found fentanyl, methamphetamine, a stolen pistol, a semi-automatic shotgun, a rifle, an AR-style 5.56 rifle (privately made firearm), and multiple rounds of ammunition. Hester has a prior felony conviction, and he is prohibited from possessing firearms or ammunition.
On June 20, 2025, Hester pleaded guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, felon in possession of a firearm, and possession of a machine gun. He is in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the DEA, ATF, Cherokee Indian Police Department, and the Buncombe County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Twice-Removed Illegal Alien Charged for Violent Attack on Charlotte’s Light Rail SystemRead the Press Release
A federal criminal complaint was filed in Charlotte today charging an illegal alien with a federal crime in connection with the violent attack on the city’s light rail system.
Oscar Gerardo Solorzano-Garcia, 33, from Honduras, is charged with one count of illegal reentry by a removed alien and one count of committing an act of violence on a mass transportation system.
“Not only should this defendant have already been in prison — he should not have been in our country to begin with,” said Attorney General Pamela Bondi. “This attack is more tragic evidence that soft-on-crime policies and vetting failures put innocent citizens at risk. My prosecutors will deliver swift, comprehensive justice in this case.”
“The people of Charlotte deserve to live in a safe city and this horrific act should never have happened,” said FBI Director Kash Patel. “As the FBI has illustrated, we will not stand for this type of violence in our communities. Our mission is to keep our communities safe and that is exactly what the men and women of the FBI are working to accomplish each and every day.”
“This defendant is charged with coming back to the United States after being deported not once, but twice, and then stabbing a passenger in the chest on our city’s public transit system,” said U.S. Attorney Russ Ferguson for the Western District of North Carolina. “Everyone who uses public transportation is the victim of a crime like this, and we will act swiftly to prosecute those who violate our immigration laws and endanger the lives of citizens using public transit to go about their daily lives.”
“Oscar Solorzano-Garcia should not have been on the Charlotte light rail last Friday. In fact, he should not have been in our country. He has a violent criminal history and was deported twice,” said Special Agent in Charge Barnacle James C. Barnacle Jr. of FBI’s Charlotte Field Office. “These two recent attacks on the city’s light rail system make one thing clear. Safety measures on public transportation in our city must be strengthened. People deserve a secure and reliable transit system where they make it to work and back home unharmed.”
“Our strong partnerships with federal and community stakeholders are essential to keeping our city safe,” said Chief Estella Patterson of the Charlotte-Mecklenburg Police Department (CMPD). “Federal charges brought against violent offenders send a clear message: if you commit violent crimes, you will be held accountable. Actions have consequences, and we will continue working with our justice partners to ensure offenders are prosecuted to the fullest extent.”
According to allegations in the affidavit filed with the criminal complaint, on Dec. 5, at approximately 4:49 p.m., CMPD officers received a call for service related to an assault with a deadly weapon that occurred on the Lynx Blue Line light rail in Charlotte. Responding CMPD officers located the victim in the rear rail car. The victim, identified in court documents as K.D., had sustained serious injuries from a stab wound to his upper left chest and was taken to the hospital.
According to witness statements and surveillance footage, Solorzano-Garcia was a passenger on the train and appeared to be intoxicated. K.D. and Solorzano-Garcia engaged in a verbal altercation, and Solorzano-Garcia pulled out a long knife and stabbed the victim in the chest. Solorzano-Garcia then got off the train and began walking away. Additional CMPD officers responding to the scene located Solorzano-Garcia and took him into custody.
The criminal complaint alleges that Solorzano-Garcia is an alien unlawfully present in the United States. It is further alleged that in 2012, Solorzano-Garcia was arrested by the Union County Police Department in New Jersey and was later convicted of robbery. In July 2016, Solorzano-Garcia was arrested by the Hillsborough County Sheriff’s Office in Florida for aggravated battery with a deadly weapon, and he was removed from the United States in March 2018. Nine months later, Solorzano-Garcia was arrested by U.S. Border Patrol. He was convicted of illegal reentry and was sentenced to 18 months in prison. On June 9, 2021, Solorzano-Garcia was removed from the United States out of Alexandria, Louisiana.
If convicted, Solorzano-Garcia faces a maximum penalty of life in prison for the charge of violence on a mass transportation system, and a maximum penalty of 10 years in prison for the illegal reentry offense. Ultimately, his sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The FBI is investigating the case with the assistance of CMPD.
Assistant U.S. Attorney Nick J. Miller for the Western District of North Carolina is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Twice-Removed Illegal Alien Charged for Violent Attack on Charlotte’s Light Rail SystemRead the Press Release
CHARLOTTE, N.C. – A federal criminal complaint was filed in U.S. District Court in Charlotte today, charging an illegal alien with a federal crime in connection with the violent attack on the city’s light rail system, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Oscar Gerardo Solorzano-Garcia, 33, from Honduras, is charged with one count of illegal reentry by a removed alien and one count of committing an act of violence on a mass transportation system.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney Ferguson in making today’s announcement.
“Not only should this defendant have already been in prison — he should not have been in our country to begin with,” said Attorney General Pamela Bondi. “This attack is more tragic evidence that soft-on-crime policies and vetting failures put innocent citizens at risk. My prosecutors will deliver swift, comprehensive justice in this case.”
“The people of Charlotte deserve to live in a safe city and this horrific act should never have happened,” said FBI Director Kash Patel. “As the FBI has illustrated, we will not stand for this type of violence in our communities. Our mission is to keep our communities safe and that is exactly what the men and women of the FBI are working to accomplish each and every day.”
“This defendant is charged with coming back to the United States after being deported not once, but twice, and then stabbing a passenger in the chest on our city’s public transit system,” said U.S. Attorney Ferguson. “Everyone who uses public transportation is the victim of a crime like this, and we will act swiftly to prosecute those who violate our immigration laws and endanger the lives of citizens using public transit to go about their daily lives.”
“Oscar Solorzano-Garcia should not have been on the Charlotte light rail last Friday. In fact, he should not have been in our country. He has a violent criminal history and was deported twice. These two recent attacks on the city’s light rail system make one thing clear. Safety measures on public transportation in our city must be strengthened. People deserve a secure and reliable transit system where they make it to work and back home unharmed,” said FBI Special Agent in Charge Barnacle.
“Our strong partnerships with federal and community stakeholders are essential to keeping our city safe,” said CMPD Chief Estella Patterson. “Federal charges brought against violent offenders send a clear message: if you commit violent crimes, you will be held accountable. Actions have consequences, and we will continue working with our justice partners to ensure offenders are prosecuted to the fullest extent.”
According to allegations in the affidavit filed with the criminal complaint:
On December 5, 2025, at approximately 4:49 p.m., officers with the Charlotte Mecklenburg Police Department (CMPD) received a call for service related to an assault with a deadly weapon that occurred on the Lynx Blue Line light rail in Charlotte. Responding CMPD officers located the victim in the rear rail car. The victim, identified in court documents as K.D., had sustained serious injuries from a stab wound to his upper left chest and was taken to the hospital.
According to witness statements and surveillance footage, Solorzano-Garcia was a passenger on the train and appeared to be intoxicated. K.D. and Solorzano-Garcia engaged in a verbal altercation, and Solorzano-Garcia pulled out a long knife and stabbed the victim in the chest. Solorzano-Garcia then got off the train and began walking away. Additional CMPD officers responding to the scene located Solorzano-Garcia and took him into custody.
The criminal complaint alleges that Solorzano-Garcia is an alien unlawfully present in the United States. It is further alleged that, in 2012, Solorzano-Garcia was arrested by the Union County Police Department in New Jersey and was later convicted of robbery. In July 2016, Solorzano-Garcia was arrested by the Hillsborough County Sheriff’s Office in Florida for aggravated battery with a deadly weapon, and he was removed from the United States in March 2018. Nine months later, Solorzano-Garcia was arrested by U.S. Border Patrol. He was convicted of illegal reentry and was sentenced to 18 months in prison. On June 9, 2021, Solorzano-Garcia was removed from the United States out of Alexandria, Louisiana.
If convicted, Solorzano-Garcia faces a maximum statutory sentence of up to life in prison in prison for the charge of violence on a mass transportation system, and up to 10 years in prison for the illegal reentry offense. Ultimately, his sentence will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
The FBI is investigating the case with the assistance of the Charlotte Mecklenburg Police Department.
Assistant U.S. Attorney Nick J. Miller of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
The charges against the defendant are allegations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Man Charged with Transporting Minor Across State Lines to Engage in Sexual Activity and Related OffensesRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Russ Ferguson announced today that a federal grand jury in Asheville has returned a criminal indictment charging Ricky Dean Clinton, 40, with transporting a minor across state lines to engage in sexual activity and related offenses. This is Clinton’s second federal indictment in the Western District of North Carolina, both of which are currently pending resolution.
According to allegations in the indictment, between March and June 2025, Clinton knowingly transported a minor victim across state lines with the intent that the minor engage in sexual activity with him. The indictment further alleges that Clinton also crossed state lines for the purpose of engaging in illicit sexual conduct.
According to court documents, Clinton was indicted in October 2025 for attempting to kill law enforcement officers, specifically United States Marshals Service deputies, United States Marshals Service task force officers, and deputies with the Burke County Sheriff’s Office. The charges stem from an incident on August 12, 2025, where Clinton allegedly shot at law enforcement while they were attempting to arrest the defendant on outstanding state warrants. Clinton also faces additional charges for firearms offenses in connection with this incident, including unlawful use and carry of a firearm in furtherance of crimes of violence, and possession of a firearm by a convicted felon. Those charges are still pending.
Clinton is in federal custody. If convicted, he faces up to a maximum sentence of life in prison. A federal district court judge will determine Clinton’s ultimate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In making the announcement, U.S. Attorney Ferguson thanked the U.S. Marshal’s Service, the U.S. Marshal Service Carolinas Regional Fugitive Task Force, the North Carolina State Bureau of Investigation, and the Burke County Sheriff’s Office for the investigation that led to Clinton’s initial indictment, and the Cleveland County Sheriff’s Office for their investigative efforts that resulted in the newest indictment against the defendant.
Assistant U.S. Attorney Alexis Solheim with the U.S. Attorney’s Office in Asheville is prosecuting both cases.
The charges against the defendant are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
U.S. Attorney's Office Hosts Annual Meeting of the Western District's Health Care Fraud Working GroupRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson announced today the annual meeting of the Western District’s Health Care Fraud Working Group, a partnership of federal and state agencies focused on combating health care fraud and protecting taxpayer dollars in the Western District of North Carolina.
The Health Care Fraud Working Group’s mission is to collaborate to effectively uncover health care fraud schemes and hold accountable those who are responsible for the fraud. The Working Group is comprised of investigators, analysts, auditors, and attorneys from federal and state agencies, including the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), the Internal Revenue Service Criminal Investigation (IRS-CI), the U.S. Department of Veterans Affairs Office of Inspector General (VA-OIG), the Department of Defense Office of Inspector General Defense Criminal Investigative Service (DCIS), the North Carolina Attorney General’s Medicaid Investigations Division, and the South Carolina Attorney General’s Medicaid Recipient Fraud Unit.
At today’s meeting, U.S. Attorney Ferguson recognized the contributions of partner agencies in the Western District’s successful pursuit of criminal charges and civil claims against perpetrators of health care fraud in the district.
“Of the $5 trillion per year spent on healthcare in the United States, 45% is through government programs. That massive figure makes it hard to detect complex healthcare fraud; it simply cannot be done without strong partnerships and collaboration,” said U.S. Attorney Russ Ferguson. “But it is critical work—not just because we must protect taxpayer money, but because healthcare fraud increases medical costs and insurance premiums for everyone.”
If you suspect Medicare or Medicaid fraud, please report it by phone at 1-800-HHS-TIPS (1-800-447-8477), or online at https://oig.hhs.gov/fraud/report-fraud/
To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320 or fill out an online complaint form.
To report TRICARE fraud, contact the appropriate contractor identified at https://tricare.mil/PatientResources/ContactUs/ReportFraudAbuse
Fraud against the U.S. Department of Veterans Affairs healthcare system can be reported at www.vaoig.gov/hotline.
U.S. Attorney's Office Announces North Carolina Division of Motor Vehicles Improvements on Voter-Registration Process to Protect Election IntegrityRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson announced today that a series of actions to further enhance and protect the integrity of the voter-registration process will be implemented by the North Carolina Division of Motor Vehicles (DMV). This follows a rigorous review by the U.S. Attorney’s Office of ineligible individuals, including illegal aliens, who were improperly registered to vote at the DMV.
In July, the U.S. Attorney initiated an inquiry to the Commissioner of the DMV following a report by Homeland Security Investigations (HSI) that the DMV permitted ineligible individuals, such as illegal aliens, to register to vote at the DMV, sometimes without the individual’s knowledge. The investigation found individuals were erroneously given citizen identification cards for years and some were registered to vote even after informing the DMV they were not citizens. The involved DMV examiners initially blamed the error on a “system glitch,” but the DMV later admitted “the online system doesn’t verify citizenship status.” The U.S. Attorney asked the DMV Commissioner to review the voter registration processes to ensure non-eligible voters were not being registered to vote.
The DMV agreed to investigate and found that individuals had been registered to vote due to errors by DMV examiners. These errors included mistakenly marking individuals as U.S. citizens, which “bypassed the necessary legal presence questions and allowed voter registration.” The DMV also found a “system error” that lasted for three months and permitted ineligible individuals to register to vote.
Following the inquiry by the U.S. Attorney, the DMV has agreed to make changes to safeguard the North Carolina voter rolls and assure election integrity. Some changes include:
- Issuing a statewide reminder to DMV examiners on protocols and safeguards to ensure proper voter registration of only eligible individuals through the DMV.
- Designing and implementing new training modules for DMV examiners with a special emphasis on citizenship verification processes.
- Modernizing DMV technology to streamline technological processes and reduce examiner errors, including of the voter registration component.
- Hiring additional personnel to increase accurate input of sensitive data.
- Actively pursuing a technical solution to effectively integrate citizenship checks into the DMV’s online and kiosk voter-registration application systems.
The DMV is also coordinating with the State Board of Elections to ensure that any ineligible individuals identified by the federal government have been removed from voter rolls.
“It is vitally important that our elections in North Carolina are accurate, fair, and irreproachable—and that the public has confidence in them—to protect the foundation of our democracy,” said U.S. Attorney Russ Ferguson. “We must ensure that our voter rolls are precise and do not include minors, felons, or illegal aliens. The DMV, which accounts for as much as 80 percent of voter registrations in a given year, plays a central role in that process. We appreciate the agency’s cooperation to improve processes so that only eligible voters are added to the rolls.”
U.S. Attorney Ferguson also thanked HSI and the State Board of Elections for their coordination during this review process and noted that the U.S. Attorney’s Office will continue to monitor compliance at all levels to ensure the sanctity of our elections.
“A host of federal laws give the federal government oversight authority to ensure states maintain accurate and current statewide voter lists,” said U.S. Attorney Russ Ferguson. “We take that obligation seriously and will continue to ensure confidence in our elections.”
Man and Woman Charged with Obstructing Use of Entrance of Federal Property and Related OffensesRead the Press Release
CHARLOTTE, N.C. – CHARLOTTE, N.C. – Two individuals have been charged with obstructing the use of entrances on federal property, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. William Stanley, 25, and Heather Morrow, 44, both of Charlotte, are also charged with impeding and disrupting the performance of official duties of government employees, failure to comply with the lawful direction of an authorized individual, and assaulting, resisting, opposing, impeding, intimidating, and interfering with persons performing official duties. Morrow was previously charged by a federal criminal complaint, which the Court dismissed at the government’s request upon the filing of the formal charges.
According to allegations in the criminal bill of information, on November 16, 2025, Morrow and Stanley, aiding and abetting one another, did willfully enter federal property, specifically, the grounds of the Immigration and Customs Enforcement/Enforcement and Removal Operations (ICE/ERO) building in Charlotte. While there, Stanley and Morrow allegedly engaged in disorderly conduct and other actions that unreasonably obstructed the usual use of the building’s entrances and parking lots. It is further alleged that Stanley and Morrow’s conduct impeded and disrupted ERO Deportation Officers in the performance of their official duties. Stanley and Morrow also allegedly failed to comply with the lawful direction of ERO Deportation Officers and forcibly assaulted, resisted, opposed, impeded, and intimidated ERO Deportation Officers who were engaged in the performance of their official duties, with such acts constituting simple assault.
The U.S. Attorney’s Office is joined in making today’s announcement by Homeland Security Investigations, ICE/ERO, and the FBI.
The charges in the bill of information are allegations only. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Who Shot at Vehicles on Highway Pleads Guilty to Gun OffenseRead the Press Release
CHARLOTTE, N.C. –Anil Dabydeen, 40, of Charlotte, appeared in federal court today and pleaded guilty to possession of a firearm by a convicted felon for shooting at vehicles on I-485, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Estella Patterson of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in this announcement.
According to court documents and today’s court hearing, on January 8, 2025, at 3:49 p.m., CMPD officers were dispatched to I-485 at the South Tryon Street exit for a reported shooting. Court documents show that CMPD received several 911 calls describing a male operating a white Honda sedan on the highway who was shooting at passing vehicles. Law enforcement arrived on the scene and located two victims who had been struck by gunfire. The victims told the officers that they were traveling south on I-485 when their vehicle was struck by gunfire. While on the scene, the officers reviewed a video shot by a witness. The video showed a white sedan stopped on the side of the highway, and an individual, later identified as Dabydeen, walking around the vehicle brandishing a firearm and pointing it at passing vehicles.
Court records show that, while the officers were investigating the incident, they observed a white Honda sedan traveling south at a high rate of speed. The officers recognized the vehicle as the one observed during the shooting and began to pursue the vehicle. After a brief pursuit, Dabydeen stopped the vehicle, and he was taken into custody. Officers recovered from Dabydeen a live round of 9mm ammunition, and a Taurus, Model G3c, 9mm pistol that had been reported stolen. Dabydeen has a prior felony conviction for 1st Degree Manslaughter in New York, and he is prohibited from possessing a firearm or ammunition.
“The violent shootings in Charlotte have gotten out of hand,” said U.S. Attorney Ferguson. “Where we can, the federal government will step in and put the most violent offenders behind bars.”
Dabydeen remains in federal custody. A sentencing date has not been set.
The ATF and CMPD led the investigation.
Assistant U.S. Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Previously Removed Illegal Alien Pleads Guilty to Trafficking Kilogram Quantities of Methamphetamine and Illegal ReentryRead the Press Release
CHARLOTTE, N.C. – Hector Hernandez Orozco, 30, of Mexico, appeared before U.S. Magistrate Judge David C. Keesler today and pleaded guilty to trafficking methamphetamine and illegal reentry charges, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, joins U.S. Attorney Ferguson in making today’s announcement.
According to filed court documents and the plea hearing, on April 3, 2025, Hernandez Orozco sold approximately two pounds of methamphetamine to an undercover law enforcement officer. Court records also show that Hernandez Orozco had been previously removed from the United States on November 20, 2016, near Del Rio, Texas, and again on November 30, 2016, near Hidalgo, Texas.
Hernandez Orozco pleaded guilty to distribution and possession with intent to distribute methamphetamine, which carries a minimum penalty of 10 years in prison and a maximum of life in prison. The illegal reentry offense carries a maximum term of two years in prison. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney Ferguson commended HSI for their investigation of the case.
Assistant U.S. Attorney William Bozin of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Man Pleads Guilty to Threatening to Murder Federal AgentsRead the Press Release
CHARLOTTE, N.C. – Johnathan Trent Thomas, 27, of Linwood, N.C., pleaded guilty in federal court today to making threats to murder federal officers to impede, intimidate, or interfere with the performance of their official duties, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, joins U.S. Attorney Ferguson in making today’s announcement.
According to filed court documents and court proceedings, six months ago, on Wednesday, May 14, 2025, at approximately 12:00 p.m., a caller, later identified as Thomas, contacted the Charlotte Mecklenburg Police Department (CMPD) and threatened to kill Immigration and Customs Enforcement (ICE) agents and CMPD officers if immigration enforcement actions did not stop. During a second telephone call with a CMPD officer, Thomas warned that he was coming to Charlotte with armor piercing ammunition, night vision devices, and body armor to kill law enforcement officers and threatened to “shoot them all” if he observed anyone making arrests. Thomas was referencing arrests made previously by ICE federal agents on Albemarle Road in Charlotte.
Court documents show that Thomas stated that if a police officer pointed a gun at him, he was just going to open fire. He also said that he would “Swiss cheese” the officers if they were doing the same thing they did before, meaning making arrests. Thomas made additional threats to law enforcement, including that he had Tannerite (an explosive) all around his house if the police came, and referenced April 29, 2024, which is the date that four law enforcement officers were killed in the line of duty in Charlotte, warning that he “could do a whole lot better than that.” Law enforcement executed a search warrant at Thomas’s residence, seizing three rifles, a handgun, and a variety of ammunition.
According to court records, Thomas has an extensive history of threatening law enforcement, to include the Davidson County Sheriff’s Office and CMPD, and had previously followed CMPD officers in marked patrol cars while they were performing their official duties.
Thomas pleaded guilty to one count of threatening to murder federal law enforcement officers which carries a maximum penalty of 10 years in prison. Thomas remains in federal custody. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney Ferguson commended HSI for the investigation of the case and thanked the U.S. Attorney’s Office in the Middle District of North Carolina, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Davidson County Sheriff’s Office, the Waxhaw Police Department, and the Charlotte Mecklenburg Police Department for their assistance.
Assistant U.S. Attorneys David Kelly and Stephanie Spaugh of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Georgia Inmate Who Coordinated the Distribution of Fentanyl and Methamphetamine Sentenced to 20 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – Les Corey Peak, 38, of Flat Rock, N.C., was sentenced today to 20 years in prison followed by five years of supervised release for conspiring to distribute fentanyl and methamphetamine, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
According to court records and court proceedings, from 2021 to 2023, Peak conspired with Zachery Micah Rice and others, to distribute methamphetamine and fentanyl in Buncombe, Henderson, and Transylvania Counties, and elsewhere. During that time, Peak was incarcerated in the Georgia Department of Corrections. Court records show that Peak, using contraband phones, worked with his Atlanta-based supplier to arrange bulk drug purchases and coordinated with Rice to arrange the pickups. Rice then transported the drugs back to Western North Carolina for further distribution through a local network of traffickers and dealers. During one of the transactions Peak arranged, law enforcement stopped and searched Rice’s vehicle, seizing over 11.5 kilograms of methamphetamine, a .40 caliber pistol modified to fully automatic with a machinegun conversion device known as a “Glock switch,” and more than $32,683 in cash. Investigators later executed search warrants at stash houses and a storage unit used by Rice, recovering kilogram quantities of fentanyl and methamphetamine supplied by the Atlanta based source, multiple firearms, including high-capacity magazines ammunition, digital scales, drug paraphernalia used for drug distribution, and more than $27,470.
On June 23, 2025, Peak pleaded guilty to conspiracy to possess with intent to distribute controlled substances. He remains in federal custody pending placement by the Federal Bureau of Prisons at a designated facility.
Rice was sentenced in May 2025 to more than 28 years in prison for his role in the conspiracy.
In making today’s announcement, U.S. Attorney Ferguson thanked the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the Buncombe County Sheriff’s Office, the North Carolina State Bureau of Investigation the Henderson County Sheriff’s Office, the Anderson County Sheriff’s Office in South Carolina, the Asheville Police Department, the Waynesville Police Department, the Cherokee Indian Police Department, the Rutherford County Sheriff’s Office, the Transylvania County Sheriff’s Office, the Haywood County Sheriff’s Office, the Swain County Sheriff’s Office, the Jackson County Sheriff’s Office, the Clay County Sheriff’s Office, and the Spartanburg County Sheriff’s Office in South Carolina for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
Four Drug Traffickers Sentenced to Federal Prison for Distributing Thousands of Fentanyl-Laced PillsRead the Press Release
CHARLOTTE, N.C. – Four drug traffickers responsible for distributing thousands of fentanyl pills in the Charlotte area were sentenced to prison today, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Ezekiel Lee Suber, 26, of Forest City, N.C. was sentenced to 10 years in prison followed by five years of supervised release. Darien Akiel Brown, 24, also of Forest City, was sentenced to 72 months in prison and four years of supervised release. Elija McDowell, 22, of Charlotte was ordered to serve 57 months in prison followed by two years of supervised release, and Jocelyn Marie Hamilton, 26, of Charleston, West Virginia, was sentenced to five years of probation.
According to court documents and court proceedings, between 2023 and 2024, the defendants, led by Suber, operated as a drug conspiracy trafficking fentanyl in Charlotte and elsewhere. Court documents show that during the investigation undercover law enforcement officers made multiple purchases of fentanyl-laced pills from Suber and his co-defendants. The pills were yellow in color and had a “T-189” imprint, which is the same as color and imprint as 30 milligram Oxycodone Hydrochloride tablets. In addition, court documents show that during some of the undercover drug buys law enforcement observed that Suber was armed with a firearm. On February 27, 2024, law enforcement arrested Suber at his residence in Charlotte. During a subsequent search of the residence, they seized two loaded firearms, two loaded magazines, multiple rounds of ammunition, and more than $4,200 in U.S. currency. Over the course of the investigation, law enforcement purchased over 7,000 fentanyl-laced pills from the co-conspirators, containing over a kilogram of fentanyl.
In making the announcement U.S. Attorney Ferguson commended the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the North Carolina State Bureau of Investigation, and the Rutherford County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Dana Washington prosecuted the case.
Charlotte Woman Charged with Assaulting Federal OfficerRead the Press Release
CHARLOTTE, N.C. – A newly-unsealed criminal complaint charges Heather Morrow, 44, of Charlotte, with felony assault, resist, or impede a federal officer, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
According to allegations in the criminal complaint, on the morning of November 16, 2025, Morrow and others gathered at a U.S. Immigration & Customs Enforcement & Removal Operations Office (ICE/ERO) facility in Charlotte in an apparent attempt to impede law enforcement movement on the property. The complaint alleges that a federal officer who was just arriving to work encountered several individuals, including Morrow, blocking the entrance. While the officer attempted to arrest one individual for punching the window of the officer’s vehicle and impeding the officer’s path, Morrow approached the officer from behind and forcibly made physical contact with him, including grabbing the officer’s shoulders and attempting to jump on the officer’s back. Morrow was arrested on the scene.
“Recently in North Carolina, we have seen that the very worst can happen when individuals forcibly gain access to a law enforcement officer’s weapon. We take seriously incidents where that could happen,” said U.S. Attorney Russ Ferguson. “Fortunately, the officer in this case was arriving to work and was not armed.”
Morrow had her initial appearance in federal court on Monday and was released on bond.
The U.S. Attorney’s Office is joined in making the announcement by Homeland Security Investigations, ICE/ERO, U.S. Border Patrol, and the FBI.
The charges against the defendant are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Charlotte Man Sentenced to More Than Nine Years in Prison for Armed RobberyRead the Press Release
CHARLOTTE, N.C. – A Charlotte man was sentenced to prison yesterday for robbing a Family Dollar store at gunpoint, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Belton Lamont Davis, 44, was ordered to serve 117 months in prison followed by five years of supervised release for Hobbs Act Robbery and firearms offenses.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Estella Patterson of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in making today’s announcement.
According to filed documents and the sentencing hearing, on April 30, 2024, Davis entered a Family Dollar store located at 3618 Beatties Ford Road in Charlotte and robbed the store at gun point. Court documents show that Davis robbed the store after an individual associated with the defendant had a dispute with the store clerk about a monetary transaction. Upon entering the store, Davis retrieved a firearm from his waistband, pointed it at the store clerk and demanded money from the register. The store clerk complied. After stealing the money, Davis fled the scene in his vehicle. A witness on the scene observed the vehicle’s license plate which the store clerk provided to the 9-1-1 operator. CMPD officers quickly located and stopped the vehicle, and Davis was taken into custody. Upon a search of the vehicle and the defendant, the officers found a loaded Smith and Wesson SD40 VE .40 caliber pistol and cash. Davis has a prior conviction for second degree murder, and he is prohibited from possessing a firearm or ammunition.
On November 26, 2024, Davis pleaded guilty to Hobbs Act Robbery, possession and brandishing a firearm in furtherance of a crime of violence, and possession of a firearm by a convicted felon. He will remain in federal custody until he is transferred to the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the ATF and CMPD for their investigation of the case.
The U.S. Attorney’s Office in Charlotte prosecuted the case.
Two Nigerian-Born Men Sentenced to Prison for Laundering Millions of Dollars in Criminal ProceedsRead the Press Release
CHARLOTTE, N.C. – Two Nigerian-born men were sentenced to prison today for laundering millions of dollars in criminal proceeds that were derived from fraud schemes targeting hundreds of victims, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
James C. Barnacle, Jr. Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.
Olumide Olorunfunmi, 40, and Emmanuel Unuigbe, 43, were each sentenced to 30 months in prison followed by three years of supervised release. In addition to the prison terms imposed, they were each ordered to pay more than $4.6 million in restitution.
According to court documents and court proceedings, from 2020 through 2023, Olorunfunmi conspired with Unuigbe and others to launder the criminal proceeds of various illegal activities, including romance scams that typically targeted elderly victims and business email compromise schemes. Court records show that the victims of the schemes were directed to transfer funds into domestic and international bank accounts controlled by Olorunfunmi, Unuigbe, and their co-conspirators. Upon receiving the fraud proceeds, Olorunfunmi, Unigibe, and their co-conspirators transferred the funds to other bank accounts, in the U.S. and overseas. Court documents show that the scheme caused more than 125 victims to transfer over $4.5 million of proceeds stemming from illegal activities.
Olorunfunmi and Unuigbe profited by keeping a portion of the criminal proceeds obtained through the schemes. They also profited by agreeing to “pay” for the domestic deposits received by others by transferring Nigerian Naira from accounts the co-conspirators controlled in Nigeria to other accounts in Nigeria, based upon a “black market” exchange rate for United States Dollars to Naira.
Olorunfunmi and Unuigbe previously pleaded guilty. A related individual, Samson Amos, was also sentenced today for his role in conspiring to operate an unlicensed money transmitting business. He was sentenced to five years of probation that included a six-month period of home confinement. He was also ordered to pay restitution.
In making today’s announcement, U.S. Attorney Ferguson thanked the FBI for the investigation of the case.
Assistant U.S. Attorney Daniel Ryan with the U.S. Attorney’s Office in Charlotte prosecuted the case.
Two Charlotte Men Are Charged with Using Their Vehicles to Assault, Resist, or Impede Federal Officers Conducting Immigration Enforcement OperationsRead the Press Release
CHARLOTTE, N.C. – Two men involved in separate incidents have been charged in federal court for allegedly using their vehicles to assault, resist, or impede federal officers conducting immigration enforcement operations in Charlotte, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Cristobal Maltos, 24, and Miguel Angel Garcia Martinez, 24, both of Charlotte, are each facing charges of felony assault, resist, or impede a federal officer. Maltos had his initial appearance in federal court today and was released on bond. Martinez’s initial court appearance was on Monday, and he remains in federal custody.
The U.S. Attorney made clear that these charges do not stem from the organized protests that have taken place in the Charlotte area: “Those who disagree with immigration enforcement actions have a right to peacefully protest, and I am proud that our citizens exercised their First Amendment rights without resorting to violence at organized protests over the weekend,” said U.S. Attorney Ferguson. “I am also thankful to the law enforcement officers who were present to ensure everyone’s safety.”
“The charges against the defendants, however, allege acts of violence targeting law enforcement officers. As always, we will stand up for our law enforcement community and vigorously prosecute anyone who endangers them while they do their job,” U.S. Attorney Ferguson added.
According to allegations in the criminal complaint filed against Martinez, on November 16, 2025, federal law enforcement officers attempted to make contact with the defendant after his van was observed at two different locations where federal officers were conducting immigration related operations. The complaint alleges that as officers approached Martinez’s van, he fled the scene driving aggressively and a high rate of speed. Law enforcement used sirens and lights attempting to stop Martinez, but he allegedly continued to evade law enforcement, driving erratically and swerving in and out of traffic, crossing medians and sidewalks, and driving into oncoming traffic down North Tryon Street. Ultimately, Martinez rammed his van into a government vehicle that had its lights and sirens activated and was occupied by four federal officers. After striking the government vehicle, Martinez continued to flee until he was stopped and taken into custody.
According to allegations in the criminal complaint filed against Maltos, on Monday, November 17, 2025, federal officers with the U.S. Border Patrol and the U.S. Immigration & Customs Enforcement (ICE) were conducting an official operation when they observed a Black Honda Civic appearing to follow the agents. The federal officers attempted to make contact with the driver, later identified as Maltos. Maltos reversed his vehicle, and the officers did not pursue. According to allegations in the complaint, the federal officers observed Maltos had resumed following them. Shortly afterwards, five Border Patrol officers, dressed in their uniforms, asked the defendant to roll down his window. A Border Patrol officer leaned over the hood of the vehicle on the front driver’s side. The vehicle moved forward and struck the Border Patrol officer’s body with the driver’s side mirror. The vehicle then stopped and began to reverse slowly. Border Patrol officers removed Maltos from the vehicle and placed him under arrest.
The U.S. Attorney’s Office is joined in making the announcement by U.S. Immigration & Customs Enforcement, U.S. Border Patrol, Homeland Security Investigations, and the FBI.
The charges against the defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney's Office Highlights Federal Prosecutions During Lapse in AppropriationsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson today released a summary of notable prosecutions and enforcement actions pursued during the recent lapse in federal appropriations. During that time, the U.S. Attorney’s Office continued uninterrupted its core mission to protect public safety, uphold the rule of law, and ensure justice for the people of the Western North Carolina.
“Our work never stops,” said U.S. Attorney Ferguson. “During the longest shutdown in U.S. history, the majority of the Office’s prosecutors and staff continued to perform their duties without pay and despite personal challenges. The safety of our communities and our mission to uphold justice were never compromised, which speaks to the dedication of the public servants working at the U.S. Attorney’s Office.”
Below are select cases federal prosecutors handled during the lapse in appropriations, where defendants were charged, pleaded guilty, or were sentenced to prison. This work was carried out under Operation Take Back America, a nationwide Department of Justice initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. The Office also remained focused on protecting vulnerable populations and safeguarding public dollars that fund federal programs and institutions.
The following cases reflect the Office’s continued focus on its mission during the shutdown:
U.S. v. Decarlos Brown: A federal grand jury in Charlotte returned a criminal indictment, charging Decarlos Dejuan Brown, Jr., 34, with committing an act of violence causing death on a railroad carrier and mass transportation system, for the fatal attack of Iryna Zarutska on the city’s light rail system.
U.S. v. Kelvin Simmons: Kelvin Wayne Simmons, 49, is charged with first-degree murder of an officer for killing Cherokee County Detention Officer Francisco Paul Flattes II. A grand jury sitting in Asheville returned the indictment on October 7, 2025, also charging Simmons with attempted carjacking resulting in death; escape; attempted carjacking; carjacking; use of a firearm in connection with a crime of violence; assaulting, resisting and impeding an officer; and possession of a firearm by a felon.
U.S. v. Derick Cucumber: A federal grand jury in Asheville indicted Derrick Alan Cucumber, 45, of Cherokee, N.C., charging first degree murder in Indian country and discharging a firearm during and in relation to a crime of violence for killing Mario Sanchez Nino.
U.S. v. Wyatt Salus: Wyatt Austin Salus, 26, of Cullowee, N.C., pleaded guilty to making interstate threats to kill and injure United States Senator Thom Tillis. Sauls called Senator Tillis’s office and left a message threatening to injure and kill Senator Tillis. Salus said in his message that Senator Tillis “should not feel safe in North Carolina,” adding, “I will kill you if I see you.”
U.S. v. Vance Lewis: Vance Deangelo Lewis, 33, of Charlotte, is charged with possession with intent to distribute a controlled substance, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon. It is alleged that on or about October 2, 2025, Lewis knowingly and intentionally possessed with the intent to distribute nearly half a kilogram of fentanyl and half a kilogram of methamphetamine. The indictment also contains a forfeiture notice that gives notice the defendant must forfeit to the United States 14 firearms and ammunition recovered during the investigation.
U.S. v. Eunorio Cortez-Cortez: Eunorio Cortez Cortez, 52, of Mexico, has been sentenced to 64 months in prison for illegal reentry by a deported alien and violating the terms of his federal supervised release. At the sentencing hearing, the presiding judge granted the government’s motion for an increased sentence based on Cortez’s extensive criminal history, including a conviction for Indecency with a Child by Exposure and multiple convictions for Assault Causing Bodily Injury to Family Member.
U.S. v. Madison Winslow: Madison Dare Winslow, 26, of Lincolnton, N.C., was sentenced on October 2, 2025, to 15 years in prison followed by three years of supervised release for selling fentanyl that caused a teenage victim to fatally overdose. Winslow, who was trafficking fentanyl in and around Catawba County, sold fentanyl-laced pills to a 17-year-old victim that were pressed to appear as prescription pills containing oxycodone hydrochloride. Later the minor ingested one or more of the pills causing the victim to fatally overdose.
U.S. v. Xana Dove: On October 8, 2025, Xana Dayanae Dove, a 28-year-old former Gastonia police officer pleaded guilty to straw purchasing a firearm. According to filed plea documents and the court hearing, on May 25, 2023, Dove purchased a Springfield Hellcat Pro, 9mm pistol from a licensed firearms dealer located in Belmont, North Carolina. In completing the purchase, Dove made a false and fictitious written statement when she falsely stated on ATF’s Firearms Transaction Record Form 4473 that she was the actual transferee/buyer of the firearm when the defendant knew this statement was false and fictitious.
U.S. v. Marian Dumitru, et al.: Two Romanian nationals residing unlawfully in the United States are facing federal charges for a multistate fraud scheme involving over $760,000 in stolen SNAP benefits funds. Marian Ovidiu Dumitru, 38, and Catalin Dumitru, 36, are charged with conspiracy to defraud the United States; possession of 15 or more unauthorized access devices; illegal possession of device-making equipment; two counts of wire fraud; and four counts of aggravated identity theft.
U.S. v. Shubh Patel: On October 22, 2025, a federal grand jury in Charlotte returned a criminal indictment charging Shubh Ketankumar Patel, 23, an Indian citizen residing in Waxhaw, N.C., with conspiracy to commit wire fraud and false impersonation of an employee or officer of the United States, for his role in a scheme to steal millions from elderly victims, by posing as a federal law enforcement officer.
U.S. v. Jason Speier: Jason Nathaniel Speier, 42, of Arden, N.C., pleaded guilty on October 22, 2025, to wire fraud for a scheme to defraud customers who purchased log cabin kits. Speier admitted to receiving more than $2.5 million in customer payments and defrauding at least 24 customers located in North Carolina, South Carolina, Georgia, and Tennessee.
U.S. v. Shabazz McCarthan: On October 6, 2025, Shabazz Emmanuel McCarthan, 38, of Indian Trail, N.C., was sentenced to 51 months in prison followed by two years of supervised release for committing fraud using the stolen identities of military service members, some of whom were deployed overseas. In addition to the prison term imposed, McCarthan was ordered to pay $175,544.45 in restitution to the victims.
“Our message is simple,” U.S. Attorney Ferguson added. “Those who threaten public safety, pollute our neighborhoods with deadly drugs, exploit the vulnerable, or steal taxpayer dollars will face the consequences. No matter the circumstances, we will always work hard to protect the people of Western North Carolina.”
For additional information about the U.S. Attorney’s Office and to view additional details for each case please visit our website.
Three Illegal Aliens Are Sentenced for Trafficking Kilograms of FentanylRead the Press Release
CHARLOTTE, N.C. – Three men who are in the United States illegally were sentenced to prison today for trafficking kilogram amounts of fentanyl, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Javier Avila-Rivas, 24, Christian Josue Campos, 22, and Jefry Adalberto Martinez-Romero, 19, all of Honduras, pleaded guilty to conspiracy to distribute and possession with intent to distribute fentanyl. Today, Avila Rivas was sentenced to 10 years in prison, followed by five years of supervised release. Campos was ordered to serve five years in prison and four years of supervised release. And Martinez was sentenced to 10 years in prison followed by five years of supervised release.
According to filed court documents and court proceedings, from August to September 2024, the defendants conspired to distribute kilogram quantities of fentanyl and cocaine in and around Charlotte. During the investigation, the defendants sold fentanyl to undercover law enforcement on numerous occasions. On September 5, 2024, after an undercover drug buy, law enforcement located Avila and Martinez in a vehicle. Law enforcement searched the vehicle, seizing a total of more than 1.9 kilograms of fentanyl, including 786 grams of purple fentanyl still in partial brick form; a rifle; 15 rounds of ammunition; digital scales; and $1,172 of U.S. currency.
The three men are in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the Drug Enforcement Administration and the Charlotte Mecklenburg Police Department for their investigation of the case.
Assistant U.S. Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Sex Offender on Probation Is Sentenced to over 10 Years for Possession of Child Sexual Abuse MaterialRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Luke Andrew Hemond, 64, of Hickory, N.C., to 121 months in prison for possession of child sexual abuse material (CSAM), announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Judge Bell ordered Hemond to serve a lifetime under court supervision.
According to filed court documents and today’s sentencing hearing, Hemond was on probation for a prior conviction of attempted sexual assault while armed in Arizona. On March 20, 2024, North Carolina probation officers and law enforcement conducted a search of Hemond’s residence to ensure compliance with his probation conditions and sex offender registry laws. During the search, law enforcement located an SD card in Hemond’s bedroom that contained images depicting the sexual assault of minors. After finding the SD card, court records show that law enforcement obtained and executed a search warrant, seizing all electronic devices from the residence. A forensic review of the devices revealed that Hemond possessed thousands of images depicting children that were nude, children being sexually abused, and at least one image of child bondage.
On May 27, 2025, Hemond pleaded guilty to possession of child pornography that involved a prepubescent minor and a minor who had not attained 12 years of age. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked Homeland Security Investigations, the U.S. Marshals Service, the North Carolina Department of Adult Correction’s Division of Community Supervision, the Catawba County Sheriff’s Office, the Hickory Police Department and the Long View Police Department Office for their investigation of the case.
Assistant U.S. Attorney Stephanie Spaugh of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
October 25th Is National Prescription Drug Take Back DayRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson today announced that Saturday, October 25, 2025, is National Prescription Drug Take Back Day. The U.S. Attorney’s Office for the Western District of North Carolina is partnering with the Drug Enforcement Administration (DEA) and state, local, and tribal law enforcement agencies across the district to provide free and anonymous disposal of unneeded medications at designated collection sites from 10:00 a.m. to 2:00 p.m.
“Something as simple as clearing out a medicine cabinet can save a life,” said U.S. Attorney Ferguson. “We don’t often think about how unused prescription drugs find their way into the wrong hands. National Prescription Drug Take Back Day is an opportunity to protect our loved ones, prevent drug misuse, and keep our communities safe by taking a few minutes to drop off unused, unwanted, or expired medications. We all need to do our part to stem the tide of the prescription drug abuse epidemic and a simple action like clearing out our medicine cabinets can make a big difference.”
For more than a decade, DEA’s National Prescription Drug Take Back Day has helped Americans easily and safely dispose of medications that are old, unwanted, or no longer needed. Rates of prescription drug abuse in the United States are alarmingly high, as is the number of accidental poisonings and overdoses due to these drugs. Prescription medications stored in home cabinets can become highly susceptible to diversion, misuse, and abuse.
Take-back events ensure the safe and responsible disposal of unwanted prescription medications.
Last year, the DEA collected over 1.3 million pounds (649 tons) of prescription drugs nationwide. Since its inception, the program has removed more than 9,910 tons of medication from circulation. The DEA hopes to surpass that total amount during this October’s take-back event.
To find a nearby collection site, visit www.DEATakeBack.com. Beyond Take Back Day, the public can safely dispose of unneeded medications year-round at more than 13,000 pharmacies, hospitals, police departments, and businesses participating in ongoing disposal programs.
Foreign National Indicted for Stealing Millions from Elderly Victims by Posing as A Federal AgentRead the Press Release
CHARLOTTE, N.C. – A 23-year-old Indian citizen and resident of Waxhaw, N.C., was indicted by a federal grand jury in Charlotte for his role in a fraud conspiracy to steal millions from elderly victims, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. The criminal indictment was returned on October 22, 2025, and charges Shubh Ketankumar Patel with conspiracy to commit wire fraud and false impersonation of an employee or officer of the United States.
Steven Gutierrez, Acting Special Agent in Charge of the United States Secret Service, Charlotte Field Office, and Sheriff Alan Norman of the Cleveland County Sheriff’s Office join U.S. Attorney Ferguson in making today’s announcement.
According to allegations in the bill of indictment, from 2023 to May 2024, Patel and his co-conspirators engaged in a scheme to defraud victims by posing as federal agents or other investigators. Patel and his co-conspirators allegedly targeted mostly elderly victims and tricked them into handing over substantial portions of their financial savings for supposed safekeeping, or to avoid arrest and prosecution on made-up charges. It is alleged that Patel and his co-conspirators regularly targeted older adults across the United States, including in North Carolina, South Carolina, and Texas.
The indictment alleges that one of Patel’s roles in the conspiracy was to collect cash from victims. As such, on multiple occasions during the conspiracy, Patel drove to a victim’s residence purporting to be a federal agent and obtained cash from a victim in a face-to-face transaction. Over the course of the scheme, Patel and his co-conspirators defrauded multiple individuals of more than $2 million.
The charges against the defendant are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
If convicted, Patel faces up to 20 years in prison for the wire fraud conspiracy offense and three years in prison for impersonating an officer of the United States. A federal district court judge will determine Patel’s ultimate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In making the announcement, U.S. Attorney Ferguson thanked the U.S. Secret Service and the Cleveland County Sheriff’s Office for their investigation.
Assistant U.S. Attorney William Bozin with the U.S. Attorney’s Office in Charlotte is prosecuting the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Federal Indictment Charges Charlotte Man for Light Rail Fatal Attack of Iryna ZarutskaRead the Press Release
CHARLOTTE, N.C. – On October 22, 2025, a federal grand jury returned a criminal indictment, charging Decarlos Dejuan Brown, Jr., 34, with committing an act of violence causing death on a railroad carrier and mass transportation system, for the fatal attack of Iryna Zarutska on Charlotte’s light rail system, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Brown was initially charged via a federal criminal complaint on September 9, 2025.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney Ferguson in making today’s announcement.
According to allegations in filed court documents, on August 22, 2025, Brown stabbed Iryna Zarutska on the Lynx Blue Line light rail. Surveillance footage showed the victim entering the light rail car and sitting down in the row in front of Brown. Approximately four minutes later, Brown pulled a knife from his pocket and unfolded it before striking the victim three times from behind, killing her. Following the attack, it is alleged that Brown walked away from the victim. Responding officers located Brown on the light rail platform.
Brown is charged with one count of violence against a railroad carrier and mass transportation system resulting in death. If convicted, he faces a maximum statutory sentence of life in prison or death. The indictment includes a Notice of Special Findings which could permit the United States to seek the death penalty. The Justice Department has not yet announced whether it will seek the death penalty.
The State also has pending charges against Brown for first degree murder.
The FBI is investigating the case with the assistance of the Charlotte Mecklenburg Police Department.
Assistant U.S. Attorneys Daniel Cervantes and Edward R. Ryan of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
The charges against Brown are allegations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Charlotte Man Charged with Fentanyl Trafficking While Armed with an Illegal FirearmRead the Press Release
CHARLOTTE, N.C. – A Charlotte man is facing federal charges for trafficking fentanyl and using illegal firearms in furtherance of his drug distribution activities, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. The indictment charges Vance Deangelo Lewis, 33, of Charlotte, with possession with intent to distribute a controlled substance, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon. The indictment also contains a forfeiture notice that gives notice the defendant must forfeit to the United States 14 firearms and ammunition recovered during the investigation.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department, join U.S. Attorney Ferguson in making the announcement.
According to allegations in the indictment, on or about October 2, 2025, Lewis knowingly and intentionally possessed with the intent to distribute nearly half a kilogram of fentanyl and half a kilogram of methamphetamine. It is further alleged that Lewis, as a felon, illegally possessed one or more firearms, and that he knowingly possessed the firearms in furtherance of the drug trafficking activities. According to court records, Lewis has a prior federal conviction in the Western District of North Carolina for possession of a firearm by a felon and possession with intent to distribute cocaine, cocaine base, and marijuana, for which he served a term of imprisonment. As a result, he is prohibited from possessing firearms or ammunition.
Lewis has appeared in federal court and remains in custody. If convicted, he faces up a statutory minimum penalty of 10 years and up to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against Lewis are allegations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the ATF and CMPD for their investigation of the case and recognized Mecklenburg County District Attorney Spencer Merriweather and his office for their invaluable assistance.
The Attorney’s Office in Charlotte is prosecuting the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Asheville Man Admits to Defrauding Customers in Log Cabin Kit SchemeRead the Press Release
ASHEVILLE, N.C. – Jason Nathaniel Speier, 42, of Arden, N.C., pleaded guilty on October 22, 2025, to wire fraud for a scheme to defraud customers who purchased log cabin kits, announced U.S. Attorney Russ Ferguson for the Western District of North Carolina.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney Ferguson in making today’s announcement.
According to court documents filed in connection with the plea, from 2022 through 2023, Speier was the owner and president of K.I. Enterprises, Inc., doing business as “Kabens,” an unlicensed company that claimed to build log cabin homes in Western North Carolina. Court filings indicate that Speier executed a scheme to defraud customers by falsely representing that his business was capable of building European-sourced log cabin kits into turnkey residences. Contrary to those claims, Speier did not have a legitimate source of supply for the purported log cabin kits.
As Speier admitted in court, he falsely told customers that he had built many cabins for satisfied customers and that he could provide references and favorable reviews. To solicit new clients, Speier developed an extensive online marketing and social media presence, advertising “complete log cabin home packages” at “affordable prices.” His advertisements also falsely promised “fast construction” and “unlimited customization.” To boost sales, Speier built a sales team and directed them to make numerous sales to customers in North Carolina, South Carolina, Georgia, and Tennessee. He also falsely claimed that customers’ down payments would be used to purchase log cabin kits and complete construction in a timely manner.
According to court filings and facts presented at the plea hearing, Speier continued his fraudulent conduct even after the North Carolina Licensing Board for General Contractors launched an investigation following multiple customer complaints. Despite the investigation, Speier incorporated a new business called “Big Timber Log Homes” and continued soliciting new customers to build turnkey cabins, even though Speier had not successfully completed a single project. Court records indicate that Speier received more than $2.5 million in customer payments and defrauded at least 24 customers during the scheme.
Speier was released on bond following his guilty plea. The maximum penalty for wire fraud is 20 years in prison. A federal district court judge will determine Speier’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A sentencing date has not yet been set.
In making today’s announcement, U.S. Attorney Ferguson thanked the FBI, the Haywood County Sheriff’s Office and the Buncombe County Sheriff’s Office for their work on this case.
The U.S. Attorney’s Office in Asheville is prosecuting the case.
Former Gastonia Police Officer Pleads Guilty to Straw Purchasing A FirearmRead the Press Release
CHARLOTTE, N.C. – On October 8, 2025, Xana Dayanae Dove, 28, and a former Gastonia police officer, appeared in federal court and pleaded guilty to straw purchasing a firearm, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
James C. Barnacle, Jr., Special Agent in Charge of the FBI in North Carolina, and Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, join U.S. Attorney Ferguson in making today’s announcement.
According to filed plea documents and the court hearing, on May 25, 2023, Dove purchased a Springfield Hellcat Pro, 9mm pistol from Shooters Express, a licensed firearms dealer located in Belmont, North Carolina. As Dove admitted in court, in completing the purchase, she made a false and fictitious written statement when she falsely stated on ATF’s Firearms Transaction Record Form 4473 that she was the actual transferee/buyer of the firearm when the defendant knew this statement was false and fictitious.
Dove was released on bond following the plea hearing. At sentencing, she faces up to 10 years in prison. A federal district court judge will determine any sentence imposed after considering the U.S. Sentencing Guidelines and other statutory factors. A sentencing date for Dove has not been set.
In making today’s announcement, U.S. Attorney Ferguson commended the FBI and ATF for their work on the investigation, and thanked Homeland Security Investigations, the North Carolina Department of Adult Correction’s Community Supervision, and the Gastonia Police Department for their assistance with Dove’s apprehension.
Assistant U.S. Attorney Dana Washington with the U.S. Attorney’s Office in Charlotte is prosecuting the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Convicted Bank Robber Charged with Murder for Killing Cherokee County Detention Officer Francisco Paul Flattes IIRead the Press Release
ASHEVILLE, N.C. – Kelvin Wayne Simmons, 49, is facing a federal charge of first-degree murder of an officer for killing Cherokee County Detention Officer Francisco Paul Flattes II, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. A grand jury sitting in Asheville returned the indictment on October 7, 2025, also charging Simmons with attempted carjacking resulting in death; escape; attempted carjacking; carjacking; use of a firearm in connection with a crime of violence; assaulting, resisting and impeding an officer; and possession of a firearm by a felon.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and R.E “Chip” Hawley, Director of the North Carolina State Bureau of Investigation (SBI) join U.S. Attorney Ferguson in making today’s announcement.
The criminal bill of indictment alleges that, on June 30, 2025, Simmons did unlawfully kill Cherokee County Detention Officer Flattes while the officer engaged in the performance of his official duties and did so during the perpetration and attempted perpetration of an escape. The indictment also alleges that Simmons attempted to carjack a motor vehicle resulting in the death of Detention Officer Flattes. The indictment further alleges that Simmons, who was in federal custody awaiting sentencing for a federal bank robbery and attempted carjacking conviction, escaped from custody, and following his escape, Simmons then attempted to carjack an individual unsuccessfully. Simmons then allegedly carjacked another individual and used a firearm to commit the carjacking.
Simmons is in federal custody. The penalty for first degree murder is life in prison or death; the penalty for attempted carjacking resulting in death is any number of years up to life imprisonment, or death. The indictment includes a Notice of Special Sentencing Factors which could permit the United States to seek the death penalty. The Justice Department has not yet announced whether it will seek the death penalty. The remaining charges in the indictment carry maximum punishments ranging from five years to life imprisonment.
The charges against Simmons are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the FBI and SBI for their investigation.
The U.S. Attorney’s Office in Asheville is prosecuting the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Cherokee Man Indicted for Murder in Indian CountryRead the Press Release
ASHEVILLE, N.C. – On October 7, 2025, a grand jury in Asheville returned a criminal indictment charging Derrick Alan Cucumber, 45, of Cherokee, N.C., with first degree murder in Indian country and discharging a firearm during and in relation to a crime of violence for killing Mario Sanchez Nino, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Carla Neadeau of the Cherokee Indian Police Department (CIPD) join U.S. Attorney Ferguson in making today’s announcement.
According to allegations in filed charging documents, on November 9, 2024, at approximately 6:30 p.m., Cucumber drove to a relative’s residence in Indian Country within the Western District of North Carolina. It is alleged that, upon arriving at the residence, Cucumber, who is an enrolled member of the Eastern Band of Cherokee Indians, approached the victim and another man as they sat near a firepit on the property. Cucumber pointed a gun at the victim and said, “I told you I was going to kill you.” Cucumber then allegedly shot Mario Sanchez Nino once in the face, killing him instantly. After shooting the victim, Cucumber left the scene. Court documents allege that Cherokee Indian Police Department officers responded to Cucumber’s residence and arrested him after a standoff that lasted approximately two hours.
Cucumber is currently in federal custody. If convicted, Cucumber faces a statutory sentence of life in prison for the first degree murder offense, and a minimum sentence of 10 years in prison for the firearm offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against the Cucumber are merely allegations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the FBI and CIPD for their work on the investigation.
Assistant U.S. Attorney Alex M. Scott with the U.S. Attorney’s Office in Asheville is prosecuting the case.
Jackson County Man Pleads Guilty to Threatening U.S. SenatorRead the Press Release
ASHEVILLE, N.C. – On October 6, 2025, Wyatt Austin Salus, 26, of Cullowee, N.C., appeared before U.S. Magistrate Judge W. Carleton Metcalf and pleaded guilty to making interstate threats to kill and injure United States Senator Thom Tillis, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Michael G. Sullivan of the United States Capitol Police (USCP), join U.S. Attorney Ferguson in making today’s announcement.
According to filed plea documents and the plea hearing, on March 17, 2025, Salus called Senator Tillis’s office and left a message threatening to injure and kill Senator Tillis. In his message, Salus communicated a number of threats, including threatening to run over Senator Tillis with his car. Salus also said in his message that Senator Tillis “should not feel safe in North Carolina,” adding, “I will kill you if I see you.”
“Threats of violence against a United States Senator are unacceptable and will not be tolerated,” said U.S. Attorney Ferguson. “We will continue to work with the FBI and our law enforcement partners to identify and hold accountable anyone who seeks to intimidate or harm a public official.”
“It is deplorable to make violent threats against anyone. But when threats are directed at elected officials, it can impact their ability to effectively serve their constituents. The FBI will not tolerate this type of intimidation, especially when threats are directed at those elected to lead our country,” said Special Agent in Charge Barnacle.
“This is just another example of how the United States Capitol Police work around the clock to hold people accountable for threatening the Members of Congress,” said USCP Chief Sullivan. “I am proud of our men and women who work with our partners to enforce our zero-tolerance stance against threats. Political violence must stop.”
The maximum penalty for the charge Salus pleaded guilty to is five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A sentencing date has not been set.
The FBI investigated the case with assistance from the United States Capitol Police. The U.S. Attorney’s Office in Asheville is prosecuting the case.
Indian Trail Man Sentenced to Prison for Committing Fraud Using Stolen Identities of Military Service MembersRead the Press Release
CHARLOTTE, N.C. –Shabazz Emmanuel McCarthan, 38, of Indian Trail, N.C., was sentenced to 51 months in prison followed by two years of supervised release for committing fraud using the stolen identities of military service members, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, McCarthan was ordered to pay $175,544.45 in restitution to the victims.
James C. Barnacle, Jr., Special Agent in Charge of Federal Bureau of Investigation (FBI) in North Carolina joins U.S. Attorney Ferguson in making today’s announcement.
According to court documents and the sentencing hearing, McCarthan and his co-conspirators engaged in an extensive identity fraud scheme whereby they obtained the personal identifying information (PII) of military service members and used the stolen PII to manufacture fictitious forms of identification in the victims’ names. Then, McCarthan used these fictitious forms of identification to fraudulently open bank accounts, lease apartment units, purchase furniture, and rent multiple vehicles. Court records also show that McCarthan generated income from the fraudulently leased apartments by subleasing them as short-term rentals, including using Airbnb. He also attempted to ship the rental vehicles overseas to Nigeria, the Togolese Republic in West Africa, and elsewhere. The loss amount associated with McCarthan’s fraud scheme exceeded $250,000 and his scheme damaged the credit of military members, including at least one service member who was deployed overseas.
McCarthan pleaded guilty to conspiracy to defraud the United States and aggravated identity theft. He remains in the custody of the U.S. Marshals Service and will be transferred to the Federal Bureau of Prisons upon designation of a federal facility.
iIn making today’s announcement, U.S. Attorney Ferguson thanked the FBI for its investigation which led to the charges.
Assistant U.S. Attorney Michael E. Savage and Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Convicted Bank Robber Charged with Murder for Killing Cherokee County Detention Officer Francisco Paul Flattes IIRead the Press Release
ASHEVILLE, N.C. – Kelvin Wayne Simmons, 49, is facing a federal charge of first-degree murder of an officer for killing Cherokee County Detention Officer Francisco Paul Flattes II, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. A grand jury sitting in Asheville returned the indictment on October xx, 2025, also charging Simmons with attempted carjacking resulting in death; escape; attempted carjacking; carjacking; use of a firearm in connection with a crime of violence; assaulting, resisting and impeding an officer; and possession of a firearm by a felon.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and R.E “Chip” Hawley, Director of the North Carolina State Bureau of Investigation (SBI) join U.S. Attorney Ferguson in making today’s announcement.
The criminal bill of indictment alleges that, on June 30, 2025, Simmons did unlawfully kill Cherokee County Detention Officer Flattes while the officer engaged in the performance of his official duties and did so during the perpetration and attempted perpetration of an escape. The indictment also alleges that Simmons attempted to carjack a motor vehicle resulting in the death of Detention Officer Flattes. The indictment further alleges that Simmons, who was in federal custody awaiting sentencing for a federal bank robbery and attempted carjacking conviction, escaped from custody, and following his escape, Simmons then attempted to carjack an individual unsuccessfully. Simmons then allegedly carjacked another individual and used a firearm to commit the carjacking.
Simmons remains in custody. He is scheduled to appear in federal court on xxx, 2025. The penalty for first degree murder is life in prison or death; the penalty for attempted carjacking resulting in death is any number of years up to life imprisonment, or death. The indictment includes a Notice of Special Sentencing Factors which could permit the United States to seek the death penalty. The Justice Department has not yet announced whether it will seek the death penalty. The remaining charges in the indictment carry maximum punishments ranging from five years to life imprisonment.
The charges against Simmons are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the FBI and SBI for their investigation.
The U.S. Attorney’s Office in Asheville is prosecuting the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Lincolnton Woman Sentenced to 15 Years in Prison for Trafficking Fentanyl Linked to Teenager's Fatal OverdoseRead the Press Release
CHARLOTTE, N.C. –Madison Dare Winslow, 26, of Lincolnton, N.C., was sentenced on October 2, 2025, to 15 years in prison followed by three years of supervised release for selling fentanyl that caused a teenage victim to fatally overdose, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Chief Tyler Whisenant of the Maiden Police Department join U.S. Attorney Ferguson in making the announcement.
“This defendant knowingly sold fentanyl-laced pills to an unsuspecting teenager, with devastating consequences,” said U.S. Attorney Ferguson. “As fentanyl continues to claim the lives of too many young people in our communities, drug dealers who callously push this deadly drug into our neighborhoods and endanger children will face the full weight of federal prosecution.”
“Fentanyl is a poison that continues to devastate families and communities across our nation. This case is a tragic reminder of the deadly consequences of fentanyl trafficking, especially when it targets our youth. HSI remains steadfast in its commitment to dismantling drug networks and holding those who profit from this lethal trade accountable. Together with our law enforcement partners, we will continue to fight tirelessly to protect our communities and save lives,” said Special Agent in Charge Morant.
“With today’s sentencing, our hope is this outcome brings a measure of justice and accountability while underscoring the dangers these drugs present,” said Chief Whisenant. “The Maiden Police Department along with the family, friends, and our community remember and mourn the young life lost. The Maiden Police Department remains steadfastly committed to our mission of working to prevent drug overdoses, protect our community, and arrest those who choose to traffic in illegal drugs.”
According to court records and the sentencing hearing, Winslow was trafficking fentanyl in and around Catawba County. On February 14, 2022, Winslow sold fentanyl-laced pills to a 17-year-old that were pressed to appear as prescription pills containing oxycodone hydrochloride. On February 16, 2022, the minor ingested one or more of the pills sold to him by Winslow, causing the victim to fatally overdose. Based on the minor’s autopsy and toxicology report, the cause of the victim’s death was fentanyl toxicity.
Court records show that law enforcement interviewed Winslow regarding her connection with the victim’s fatal overdose. Winslow admitted to selling the pills to the victim and to knowing that the pills likely contained fentanyl. Worse, Winslow continued to traffic fentanyl after that, even though she knew the drugs she was selling were linked to a fatal overdose. On April 4, 2022, law enforcement conducted a traffic stop on of Winslow’s vehicle. During the traffic stop, law enforcement determined that Winslow possessed 60 pills pressed to appear as oxycodone hydrochloride, later determined to contain fentanyl.
On February 13, 2025, Winslow pleaded guilty to distribution of fentanyl. She will remain in federal custody until she is transferred to the custody of the Federal Bureau of Prisons.
In making today’s announcement, U.S. Attorney Ferguson thanked HSI, the Maiden Police Department, and the Catawba County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Nick J. Miller of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Fentanyl is a synthetic opioid that is 50 times more potent than heroin and remains the deadliest drug threat in the United States. Laboratory testing indicates 7 out of 10 pills seized by Drug Enforcement Administration (DEA) contain a lethal dose of fentanyl. According to the DEA, in 2024, the agency seized more than 60 million fentanyl-laced fake pills and nearly 8,000 pounds of fentanyl powder. That’s equivalent to more than 380 million lethal doses of fentanyl. So far this year, the 2025 fentanyl seizures represent over 262 million deadly doses.
For information and resources related to substance use disorder, please call the Substance Abuse and Mental Health Services Administration helpline at 1-800-662-HELP (4357) or visit the online treatment locator.
Previously Deported Illegal Alien Sentenced to 5+ Years for Illegal Reentry and Violating Federal Supervised ReleaseRead the Press Release
CHARLOTTE, N.C. – Eunorio Cortez Cortez, 52, of Mexico, was sentenced to 64 months in prison for illegal reentry by a deported alien and violating the terms of his federal supervised release, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. At the sentencing hearing, U.S. District Court Judge Kenneth D. Bell granted the government’s motion for an increased sentence based on Cortez’s extensive criminal history in Texas state courts, including a conviction for Indecency with a Child by Exposure and multiple convictions for Assault Causing Bodily Injury to Family Member.
According to filed documents and court proceedings, Cortez had been ordered removed from the United States to Mexico on four prior occasions (October 17, 2008, December 31, 2008, July 17, 2012, and November 8, 2021). Cortez had also been allowed to return voluntarily back to Mexico three times, and he has two federal convictions in the Western District of Texas for illegal reentry by an alien. On August 8, 2023, the Monroe Police Department arrested Cortez for an outstanding extradition arrest warrant out of Texas. Earlier, on December 5, 2022, Texas law enforcement authorities had issued a warrant against Cortez for 1st Degree Felony Sex Abuse of Child Continuous: Victim Under 14. At the time of the defendant’s arrest in Monroe, law enforcement also determined that Cortez was a previously removed alien. Court record show that, following his arrest, Cortez was extradited to Texas, where he was convicted of Indecency with a Child by Exposure, sentenced to two years of confinement, and required to register as a sex offender. Cortez was also charged in the Western District of North Carolina with illegal reentry of a deported felon.
On June 2, 2025, Cortez pleaded guilty to the federal charge. In sentencing Cortez, the Court considered the government’s upward departure motion, which was based on the argument that the defendant’s criminal history category under the federal sentencing guidelines did not fully represent the nature and extent of the violence and harm he had committed against his victims. Judge Bell granted the government’s upward departure motion, and he sentenced Cortez to 54 months in prison. The Court also found that Cortez, while on federal supervised release, had violated the terms of his release when he unlawfully returned to the United States and obtained another criminal conviction, and he ordered Cortez to serve an additional term of 12 months, for a total active sentence of 64 months in prison.
In announcing his sentence, Judge Bell said, Cortez “is a danger to anyone he’s related to,” and “he’s just a dangerous person.”
In making today’s announcement, U.S. Attorney Ferguson thanked Immigration and Custom Enforcement’s Enforcement and Removal Operations unit for leading the investigation. He also thanked the Monroe Police Department for its assistance.
Assistant U.S. Attorney Kenny Smith of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Hickory Man Sentenced to 50 Years in Prison for Production and Transportation of Child Sexual Abuse MaterialRead the Press Release
HARLOTTE, N.C. – Kelly Lee Setzer, 64, of Hickory, N.C., was sentenced to 50 years in prison today for producing and transporting child sexual abuse material (CSAM) in what the sentencing judge called “horrendous torture of babies,” announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Setzer was ordered to serve a lifetime of supervised release and to register as a sex offender after he is released from prison. Setzer was ordered to pay $84,000 in restitution. The Court also ordered forfeiture of, among other things, Setzer’s primary residence in Hickory, where he produced and transported the CSAM.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Bryan Adams of the Hickory Police Department, join U.S. Attorney Ferguson in making today’s announcement.
“Setzer committed some of the most depraved crimes imaginable: preying on young children and producing horrific abuse material,” said U.S. Attorney Ferguson. “Fifty years behind bars ensures he will never harm a child again. I hope it is a message to others so future children are spared from similar actions.”
“There are no words to describe the lasting impact of Mr. Setzer’s vile behavior on his victims. At his age, a 50-year sentence is effectively a life sentence. Thankfully, he can never harm another child again. The FBI and our law enforcement partners will relentlessly pursue predators who victimize innocent children,” said Special Agent in Charge Barnacle.
According to filed documents and the sentencing hearing, on November 3, 2023, officers with the Hickory Police Department executed a search warrant at Setzer’s residence for suspected CSAM activity. The officers seized two computers and other electronic devices from the residence. A forensic examination of the seized devices revealed that on at least four occasions Setzer sexually abused a prepubescent child and produced videos depicting the abuse. Setzer also possessed an extensive CSAM library that contained over 48,000 videos and images of children being sexually abused, some as young as infants and toddlers. During the investigation, law enforcement also determined that Setzer had developed an online relationship with a minor and had induced the minor to send him CSAM on multiple occasions.
Setzer pleaded guilty to four counts of production, one count of transportation, and one count of possession and access with intent to distribute child pornography. He remains in custody pending placement at a federal facility by the Federal Bureau of Prisons.
In announcing Setzer’s very significant sentence, U.S. District Judge Kenneth D. Bell said, “we are talking about babies here and horrendous torture of babies.”
The FBI and the Hickory Police Department investigated the case.
Assistant U.S. Attorneys Daniel Cervantes and Benjamin Bain-Creed of the U.S. Attorney’s Office in Charlotte handled the prosecution and forfeiture proceedings in this case, respectively.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Mississippi Duo Charged with Using Counterfeit Currency to Scam Pineville Jewelry Store Appear in CourtRead the Press Release
CHARLOTTE, N.C. – Two men from Mississippi are facing federal charges for using counterfeit U.S. currency to purchase high-end watches and other jewelry from a retail store in Pineville, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Robert Lewis Elliott III, 36, and Devin Alonzo Elliott, 30, of Okolona, Mississippi, are each charged with conspiracy to pass counterfeit obligations and passing counterfeit obligations. The criminal indictment was filed in August 2025 and was unsealed today following the defendants’ court appearance.
Steven Gutierrez, Acting Special Agent in Charge of the United States Secret Service, Charlotte Field Office, and Chief Michael Hudgins of the Pineville Police Department, join U.S. Attorney Ferguson in making today’s announcement.
According to allegations in the indictment, in June 2025, R. Elliott and D. Elliott traveled to Pineville, N.C., to carry out a scheme to defraud a jewelry store. The indictment alleges that, on June 26, 2025, the defendants and another individual entered the store and told a store employee they wanted to purchase approximately $300,000 in luxury watches and jewelry. The defendants allegedly provided a $1,000 cash deposit and agreed to return the following day to finalize the transaction.
The indictment further alleges that on June 27, 2025, the men returned to the store to complete the purchase. R. Elliott provided a $10,000 stack of genuine $100 bills to the store employee to be counted. After the employee verified the money using an electronic counter and a counterfeit detection pen, R. Elliott allegedly used a sleight-of-hand technique, to swap the authentic bills with a stack of counterfeit notes, before placing the counterfeit bills into the store’s safe. He then recycled the same stack of genuine bills, repeating the process until all the counterfeit currency had been placed in the safe.
The indictment alleges that after the store employee finished counting the money, he requested for R. Elliott’s identification to complete the sale. R. Elliott said he wanted to buy more jewelry and needed to go to his car to get more cash and his identification. The defendants then exited the store and fled, taking the watches and jewelry: a Patek Phillipe diamond watch ($90,000); an Audemars Piguet watch ($48,000); a Cartier watch ($25,000); four Rolex watches ($76,300); a rose Cuban link chain ($32,000); a gold bracelet ($17,500); a bangle bracelet ($8,200); diamond earrings ($1,000); and 24k pointer earrings ($2,000).
U.S. v. Elliott et al. – Counterfeit Federal Reserve Notes allegedly used by the defendants to execute the scheme
The defendants were released on bond. If convicted, they face up to five years in prison for conspiracy to pass counterfeit obligations, and 20 years in prison for passing counterfeit obligations. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against the defendants are merely allegations and they are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the U.S. Secret Service and the Pineville Police Department for their work on the investigation.
Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Texas Man Sentenced to Prison for Cattle Theft SchemeRead the Press Release
CHARLOTTE, N.C. – Clint Clifford Sicking, 41, of Muenster, Texas, was sentenced to 27 months in prison today for his role in a scheme involving the theft of livestock, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Sicking was also ordered to serve two years under court supervision after he completes his prison term and to pay $406,707 in restitution to the victims of his offense.
Miles B. Davis, Special Agent in Charge, Office of the Inspector General, Office of Investigation of the U.S. Department of Agriculture (USDA-OIG), Southeast Region, Steven Gutierrez, Acting Special Agent in Charge of the United States Secret Service, Charlotte Field Office, Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI), Charlotte Field Office, Sheriff Alan Norman of the Cleveland County Sheriff’s Office and Sheriff Darren Campbell of the Iredell County Sheriff’s Office, join U.S. Attorney Ferguson in making today’s announcement.
According to court documents and court proceedings, from April 2018 to October 2022, Sicking conspired with William Dalton Edwards to defraud livestock markets, also known as sales barns, in Iredell and Cleveland Counties, North Carolina. On multiple occasions during the relevant time frame, Sicking and Edwards purchased cattle from sales barns in North Carolina and wrote checks to pay for the cattle, knowing the checks were worthless, since there were insufficient funds to cover the checks and pay for the cattle.
Sicking and Edwards then arranged to transport the cattle out-of-state before the defrauded sales barns and financial institutions could determine their checks were worthless. The stolen cattle were then resold in Texas and Oklahoma. Over the course of the scheme, Sicking and Edwards allegedly fraudulently obtained more than 750 head of cattle and caused over $400,000 in losses to sales barns in North Carolina. The sales barns—which are family-owned—incurred these losses because they are required to pay farmers and ranchers immediately after the sale of their livestock.
Sicking pleaded guilty to conspiring to defraud the United States and to violate the laws of the United States. One of the objects of the charged conspiracy was to hamper and impede the Packers and Stockyard Division of the U.S. Department of Agriculture in its regulation of fair livestock markets.
Sicking remains released on bond and will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility. Edwards was previously sentenced to 24 months in prison for his participation in the scheme.
In making today’s announcement, U.S. Attorney Ferguson commended the USDA-OIG, the U.S. Secret Service, IRS-CI, and the Cleveland and Iredell County Sheriff’s Offices for their investigation of the case. U.S. Attorney Ferguson also thanked the Stanly County District Attorney’s Office for its assistance.
Assistant U.S. Attorney Michael E. Savage of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Methamphetamine Dealer on State Probation Is Sentenced to 11 Years in Prison for Drug and Gun OffensesRead the Press Release
CHARLOTTE, N.C. – Mark Robert Eury, 54, of Catawba, N.C., was sentenced today to 11 years in prison followed by five years of supervised release for trafficking methamphetamine and illegal gun possession, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
According to filed documents and the court hearing, in April 2021, Eury was convicted of Attempted Trafficking Methamphetamine in North Carolina and was sentenced to prison. After serving a prison term, Eury was released on state probation. Court records show that, on March 12, 2023, members of North Carolina Probation and Parole, with the assistance of the Catawba County Sheriff’s Office, conducted a search of the defendant’s premises. During the search, they found over one and a half kilograms of methamphetamine and over 47 grams of cocaine. They also found a loaded Taurus, .38 caliber pistol, ammunition, more than $2,100 in U.S. currency, multiple sets of scales, and other drug paraphernalia. Eury was still on probation at the time.
On March 12, 2025, Eury pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm by felon. He remains in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the Drug Enforcement Administration, the Catawba County Sheriff’s Office, and the Division of Community Supervision of the North Carolina Department of Adult Corrections, for their work on the case.
The U.S. Attorney’s Office in Charlotte handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Former Hickory Firefighter Sentenced to Prison for Possession of Child Sexual Abuse MaterialRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson announced today that Nate Eli Kurzak, 22, of Hickory, N.C., and a former firefighter, was sentenced to 84 months in prison today for possession of child sexual abuse material (CSAM). In addition to the prison term imposed, Kurzak was ordered to serve 20 years of supervised release, to register as a sex offender after he is released from prison, and to pay $22,000 in special assessments.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Bryan Adams of the Hickory Police Department, join U.S. Attorney Ferguson in making today’s announcement.
According to court records, in August 2023, law enforcement received information that an individual later identified as Kurzak was using a cloud-based file hosting site to upload suspected CSAM. Officers with the Hickory Police Department executed a search warrant at Kurzak’s residence, seizing a computer, a cell phone, and other electronic devices. Law enforcement also interviewed Kurzak, who admitted to having and accessing CSAM. A forensic examination of the seized devices revealed that Kurzak possessed over 2,000 videos and 600 images of CSAM, some of which depicted prepubescent minors being sexually abused. The forensic analysis furthered revealed evidence that Kurzak distributed CSAM to other individuals online. At the time of his arrest, Kurzak was a firefighter with the Hickory Fire Department.
Kurzak pleaded guilty to one count of possession and access with intent to distribute child pornography. He remains in custody pending placement at a federal facility by the Federal Bureau of Prisons.
The FBI and the Hickory Police Department investigated the case.
Assistant U.S. Attorney Daniel Cervantes of the U.S. Attorney’s Office in Charlotte handled the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Former Postal Employee Pleads Guilty to Workers’ Compensation FraudRead the Press Release
ASHEVILLE, N.C. – Sandra “Sandy” Cannon Throneburg, 74, of Morganton, N.C., appeared before U.S. Magistrate Judge W. Carleton Metcalf today and pleaded guilty to workers’ compensation fraud, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Kathleen Woodson, Executive Special Agent in Charge of the United States Postal Service, Office of the Inspector General (USPS OIG) for the Mid-Atlantic Area Field Office (MAAFO), which oversees Charlotte, joins U.S. Attorney Ferguson in making today’s announcement.
“For years, Throneburg lied about her ability to return to work to keep receiving payments from the federal workers’ compensation program,” said U.S. Attorney Ferguson. “My office will continue to work to protect the workers compensation program for people who truly need it.”
“Most postal employees who collect workers’ compensation benefits have legitimate claims. A small percentage, however, abuse the system and cost the Postal Service millions of dollars in fraudulent claims and enforcement costs. Therefore, USPS OIG Special Agents will continue to relentlessly pursue those identified as fraudulently collecting workers’ compensation funds from the Postal Service,” said Executive Special Agent in Charge Woodson.
According to filed court documents and the plea hearing, Throneburg was employed by the U.S. Postal Service (USPS) as a rural carrier in Valdese, N.C. On or about September 8, 2015, Throneburg sustained an injury at work while performing her duties. Throneburg stopped working for the USPS because of her injury. On October 23, 2015, she began receiving compensation benefits, in the form of medical benefits and disability compensation administered by the U.S. Department of Labor’s (DOL) Office of Workers’ Compensation Programs (OWCP) for employees covered by the Federal Employees’ Compensation Act (FECA).
In order to receive and maintain FECA benefits, Throneburg was required to report, among other things, all employment, self-employment, involvement in business enterprises, and volunteer work. On or about September 24, 2020, Throneburg completed, signed, and submitted a DOL OWCP Form EN 1032 that contained materially false responses to questions related to her employment status. For example, as Throneburg admitted in court today, she gave negative responses to questions related to whether she had worked for any other employer or was self-employed. Contrary to statements Throneburg made on the form, between 2016 and 2020, Throneburg had worked for an accounting firm where she performed clerical duties and had received compensation. According to filed court documents, Throneburg failed to disclose to OWCP or USPS that she was employed by and receiving earned income from the accounting firm, while also receiving over $261,000 in workers’ compensation benefits, and OWCP had paid over $278,000 for Throneburg’s medical bills related to her alleged medical condition.
Throneburg pleaded guilty to knowingly and willfully making a false statement on a report. The maximum penalty for the offense is five years in prison. After the plea hearing, Throneburg was released on bond. A sentencing date has not been set.
The USPS OIG investigated the case.
Assistant U.S. Attorney Kenneth M. Smith of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Two Romanian Nationals Indicted in Multistate SNAP Benefits Fraud Scheme While Residing Unlawfully in the United StatesRead the Press Release
CHARLOTTE, N.C. – Two Romanian nationals residing unlawfully in the United States are facing federal charges for a multistate fraud scheme involving over $760,000 in stolen SNAP benefits funds, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Miles B. Davis, Special Agent in Charge, Office of the Inspector General, Office of Investigation of the U.S. Department of Agriculture (USDA-OIG), Southeast Region, join U.S. Attorney Ferguson in making the announcement.
Marian Ovidiu Dumitru, 38, and Catalin Dumitru, 36, both Romanian citizens residing unlawfully in various places throughout the United States, are charged with conspiracy to defraud the United States; possession of 15 or more unauthorized access devices; illegal possession of device-making equipment; two counts of wire fraud; and four counts of aggravated identity theft. Both defendants are currently detained pending trial.
“These individuals allegedly came to the United States illegally and preyed on some of our most vulnerable citizens—those receiving SNAP benefits,” said U.S. Attorney Russ Ferguson. “We will use the full force of the federal government to bring justice for our citizens on government assistance.”
According to allegations in the indictment, between July 2024 and August 2025, the defendants were members of an identity theft ring that defrauded the Supplemental Nutrition Assistance Programs (SNAP) in New Jersey, Massachusetts, and other states of more than $760,000. The indictment alleges that the defendants and their coconspirators used skimming devices placed at ATMs, fuel pumps, and other means, to steal the data of electronic benefit transfer (EBT) cards used to distribute SNAP benefits to eligible individuals. The stolen information was then loaded onto counterfeit bank cards, gift cards, and other such access devices, that the defendants then used at large membership warehouses to buy in bulk thousands of dollars of coffee, candy, energy drinks, and baby formula. For example, on August 1, 2025, the defendants allegedly used counterfeit cards cloned with stolen information of legitimate SNAP EBT cards issued in New Jersey to purchase over $15,600 in coffee, candy and other items from a from a warehouse club in Gastonia, North Carolina. On August 2, 2025, the defendants purchased coffee and candy totaling over $19,000 from a warehouse club in Pineville, North Carolina, using counterfeit cards loaded with stolen information from SNAP EBT cards issued in Massachusetts and New Jersey. The indictment further alleges that the defendants transported, resold or intended to resell the items purchased with counterfeit cards.
If convicted, the defendants face up to five years in prison for the conspiracy charge; up to 10 years in prison for the possession of 15 or more unauthorized access devices; up to 15 years in prison for illegal possession of device-making equipment; up to 20 years in prison for each wire fraud charge; and up to two years in prison for each aggravated identity theft charge, to be served consecutive to any other prison term imposed. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against the defendants are merely allegations and they are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked HSI, the USDA-OIG, the North Carolina State Bureau of Investigation, and their state and local partners for their work on the investigation.
Assistant U.S. Attorney Michael Savage of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
Prior Federal Felon Is Sentenced to over 11 Years for Illegal Firearms PossessionRead the Press Release
ASHEVILLE, N.C. –Dillon James Surrett, 33, of Flat Rock, N.C., was sentenced today to 11 years in prison followed by two years of supervised release for illegal firearm possession, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Sheriff Lowell S. Griffin of the Henderson County Sheriff’s Office (HCSO), join U.S. Attorney Ferguson in making the announcement.
According to court records and proceedings, Surrett was previously convicted of a federal firearms violation and was prohibited from possessing a firearm. Court records show that on August 21, 2023, HCSO deputies were executing an arrest warrant against Surrett. Deputies arrived at Surrett’s residence and ordered him to exit. When Surrett opened the door, deputies observed a firearm. Surrett was then arrested, and a search of the premises was conducted. Deputies located four firearms, two of which had obliterated serial numbers, one was a short-barrel 12-gauge firearm, and one was loaded with six rounds of ammunition. Deputies also found 52 rounds of assorted ammunition, drug paraphernalia, over 21 grams of fentanyl, over 76 grams of methamphetamine, and over 12 pounds of marijuana.
Surrett pleaded guilty on November 25, 2024, to possession of a firearm by a felon. He remains in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the ATF and the Henderson County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Multi-Convicted Felon Is Sentenced to Seven Years in Prison for Assault of Federal OfficerRead the Press Release
CHARLOTTE, N.C. – Erik Dezjhion Tillman, 29, of Charlotte, was sentenced to seven years in prison followed by two years of supervised release for assaulting federal officers attempting to arrest him on outstanding warrants, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Jamaal Thompson, Chief Inspector of the United States Marshals Service, Carolinas Regional Fugitive Task Force (CRFTF), joins U.S. Attorney Ferguson in making today’s announcement.
According to filed documents and the sentencing hearing, Tillman was wanted on multiple warrants for crimes committed in Mecklenburg County and a felony probation violation in South Carolina for a Strong Arm Robbery conviction. Court records show that, on November 8, 2024, members of a CRFTF apprehension team located Tillman asleep on the passenger side of a parked vehicle. Law enforcement ordered Tillman to exit the vehicle, but Tillman ignored the commands. Instead, Tillman started the vehicle and rammed it into the SUV of the CRFTF apprehension team in an attempt to escape. Ignoring commands of law enforcement and with his car now unable to move further, Tillman got out of the car and escaped through a wooded area. On November 13, 2024, a CRFTF apprehension team located Tillman. He again ran from law enforcement officers and refused to comply with their commands, but was taken into custody by the CRFTF.
Tillman will remain in the custody of the U.S. Marshals until he is transferred to the custody of the Federal Bureau of Prisons.
In making today’s announcement, U.S. attorney Ferguson thanked the CRFTF and the Charlotte-Mecklenburg Police Department for their investigation of the case.
Assistant U.S. Attorney David Kelly of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Federal Jury Convicts Texas Man of Traveling to North Carolina to Engage in Sexual Activity with A ChildRead the Press Release
CHARLOTTE, N.C. – A federal jury in Charlotte returned a guilty verdict late yesterday against a Texas man for traveling to North Carolina to engage in sexual activity with a child, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. The jury also found Rusty Joseph Whittaker, 44, of Austin, guilty of enticing a minor and producing child pornography. U.S. District Judge John A. Gibney, Jr., presided over the four-day trial.
James C. Barnacle, Jr., Special Agent in Charge of the FBI in North Carolina, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in making today’s announcement.
“Nothing is more important than the safety of our children,” said U.S. Attorney Ferguson, “and we will do whatever it takes to protect them. Thanks to the exceptional work of the FBI, CMPD, and the federal prosecutors in this office, this predator was identified, found, and brought to justice, and we will continue that effort.”
“An adult who takes advantage of a child for sexual gratification is vile, loathsome, and abominable. We must protect our children and warn them of the dangers of communicating online and meeting someone in person. We hope the victim can receive the care needed to recover and highlight the importance of the FBI Victims Assistance Specialist who can help," said James C. Barnacle Jr., the FBI Charlotte Special Agent in Charge.
According to filed court documents, trial evidence, and witness testimony, Whittaker met the minor in an online platform called Antiland, which provides its users anonymity and automatically deletes messages and content shared by its users. Whittaker then moved the conversation to Snapchat, which also automatically deletes messages and content. Using these online messaging platforms, online payment platforms, and other means, Whittaker solicited and viewed sexually explicit images and videos of the victim while continuing to pressure the victim to meet him in person for illicit sexual activity. On May 20, 2023, Whittaker traveled from Nashville, where he was attending a conference, to Charlotte for the purpose of engaging in illicit sexual activity with the minor. Trial evidence showed that Whittaker waited for the minor’s father to fall asleep, picked her up from her home, drove her to a hotel, and engaged in sexual activity with the minor. Whittaker provided the minor things of value before driving her back home and dropping her off a distance away from her home, leaving her to walk barefoot.
Whittaker remains in the custody of the U.S. Marshals Service. Under federal statutes, Whittaker is subject to a mandatory minimum sentence of 15 years in prison, up to a sentence of life in federal prison without parole. Whittaker’s sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
In making today’s announcement, U.S. Attorney Ferguson thanked the FBI for their investigation of the case and CMPD for its substantial assistance.
Assistant U.S. Attorney Daniel Cervantes of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Transylvania County Drug Trafficker Is Sentenced to over 10 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – James Edward Frady, 39, of Brevard, N.C., was sentenced today to 130 months in prison followed by five years of supervised release for his role in a drug trafficking ring that distributed methamphetamine and cocaine in Transylvania County announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
According to documents and court proceedings, from 2021 to 2023, Frady was part of a drug trafficking network that distributed methamphetamine, fentanyl, and cocaine in Buncombe, Henderson, and Transylvania Counties. During the investigation, law enforcement determined that Frady frequently communicated with his drug supplier, Zachery Micah Rice, to buy the methamphetamine and cocaine that he then distributed within the Transylvania County area. On October 19, 2023, deputies with the Transylvania County Sheriff’s Office arrested Frady for a traffic offense. Over the course of the traffic stop, law enforcement recovered from the passenger of the vehicle two plastic baggies containing 90.79 grams of methamphetamine and 56.51 grams of cocaine. Court documents show that Frady asked the passenger to conceal the drugs prior to being pulled over.
Frady pleaded guilty on February 21, 2025, possession with intent to distribute methamphetamine and cocaine. He remains in the custody of the U.S. Marshals Service pending placement by the federal Bureau of Prisons.
Rice was previously sentenced to 28 years in prison, after pleading guilty to conspiracy to possess methamphetamine, fentanyl, and cocaine, possession with intent to distribute methamphetamine, possession of a firearm by a felon, and possession of a machinegun.
In making today’s announcement, U.S. Attorney Ferguson thanked the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the Buncombe County Sheriff’s Office, the North Carolina State Bureau of Investigation the Henderson County Sheriff’s Office, the Anderson County Sheriff’s Office in South Carolina, the Asheville Police Department, the Waynesville Police Department, the Cherokee Indian Police Department, the Rutherford County Sheriff’s Office, the Transylvania County Sheriff’s Office, the Haywood County Sheriff’s Office, the Swain County Sheriff’s Office, the Jackson County Sheriff’s Office, the Clay County Sheriff’s Office, and the Spartanburg County Sheriff’s Office in South Carolina for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Repeat Offender Under Federal Supervision Is Sentenced to over 15 Years for Drug and Gun CrimesRead the Press Release
ASHEVILLE, N.C. – John Quentin London, 39, of Hendersonville, N.C., was sentenced today to 188 months in prison followed by six years of supervised release for drug and gun offenses, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. London’s 15+ year sentence will run at the expiration of an additional 24 months he was ordered to serve for violating his federal supervised release.
Alicia Jones, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Sheriff Lowell S. Griffin of the Henderson County Sheriff’s Office (HCSO), join U.S. Attorney Ferguson in making the announcement.
According to court records and the sentencing hearing, in early 2024, law enforcement learned that London was distributing drugs in the Henderson County area while on federal supervised release for a firearm conviction.
On April 18, 2024, deputies with the HCSO conducted a traffic stop of London’s vehicle. During a search of the vehicle, deputies seized two clear plastic bags containing 9.08 grams of methamphetamine and digital scales. The items were found in a magnetic case under the hood.
On June 13, 2024, deputies with the HCSO attempted to pull over London’s vehicle. Initially, London pulled over but then fled the scene, driving in a reckless manner. London eventually slid into a ditch and wrecked his vehicle before fleeing on foot. London was arrested a short time later. Deputies searched London and seized a clear plastic bag containing 1.26 grams of cocaine from his pocket. According to court documents, deputies subsequently executed search warrants at London’s residence and the car from the vehicle chase. Detectives seized from London’s basement a small amount of suspected marijuana, a digital scale with residue, and a stolen .38 Smith and Wesson model 649 revolver loaded with five rounds. Deputies also seized from behind London’s driver’s seat a Puma backpack. Inside the backpack, deputies found a total of 58.17 pure grams of meth, 5.06 grams of psilocin, five suspected Xanax pills inscribed with “21,” suspected marijuana, two digital scales, and other drug paraphernalia.
On July 25, 2024, deputies with the HCSO initiated a traffic stop on London and located 17.74 grams of pure meth in the center console and a digital scale in the driver’s door pocket.
On August 27, 2024, deputies with the HCSO and members with United States Marshals
Service attempted to arrest London on an outstanding warrant. They found London hiding in a camper in Henderson County and he placed under arrest. A loaded 9mm pistol with a round in the chamber and 0.589 grams of pure meth were seized from the camper.
London pleaded guilty on June 30, 2025, to possession with intent to distribute methamphetamine and possession of a firearm by felon. Court records indicate London has two prior felony state convictions for possessing with the intent to distribute controlled substances and as a result he qualified for an increased sentence as a career offender. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Ferguson thanked the ATF and the Henderson County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Christopher S. Hess of the U.S. Attorney’s Office in Asheville handled the prosecution.
This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
Charlotte Man Convicted at Trial for String of Armed RobberiesRead the Press Release
CHARLOTTE, N.C. – Andrew Marquis Jackson, 32, of Charlotte, was found guilty today for a string of armed robberies, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Jackson was convicted of three counts of Hobbs Act robbery; three counts of conspiracy to commit Hobbs Act robbery; two counts of possessing, brandishing, and discharging a firearm in furtherance of a crime of violence; and one count of possessing and brandishing a firearm in furtherance of a crime of violence.
James C. Barnacle, Jr., Special Agent in Charge of the FBI in North Carolina, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in making today’s announcement.
According to evidence presented at trial, witness testimony, and documents filed in the case, Jackson and his co-conspirators, Joshuan Jon’tavious Blount and Messiah Lynn Blair, robbed at least three businesses in Charlotte at gunpoint.
First, court documents show that on January 24, 2023, the defendants entered a Dunkin Donuts located on Beatties Ford Road. Jackson approached the counter and demanded cash from the register. He then fired a shot into the ceiling. Blair jumped over the counter and searched the back office for money. Jackson held an employee at gunpoint while taking money from the registers. Blount was the getaway driver.
U.S. v. Jackson et al. – Armed Robbery at Dunkin Donuts
Second, on January 27, 2023, Jackson entered a 7-Eleven located on Brookshire Blvd. Upon entering the store, the Jackson fired a shot into the ceiling with a handgun. He then pointed a gun at a store employee ordering him to hand over all the money in the register. Jackson took the money and ran out the store. Blount was inside the store pretending to be a customer during the robbery.
U.S. v. Jackson et al. – Armed Robbery at 7-Eleven
Third, on February 1, 2023, Blount went into the Family Dollar store located on Beatties Ford Road store to survey the number of people present. Jackson and Blair then entered the store, armed with firearms. The men pointed their guns at the employee behind the counter and demanded money from the register and safe. The robbers proceeded to take all the cash from the registers before they fled the scene.
U.S. v. Jackson et al. – Armed Robbery at Family Dollar
Jackson is federal custody. At sentencing he faces up to 20 years in prison for each robbery and conspiracy to commit a robbery charge, and a maximum sentence of life in prison for the remaining charges involving possessing, brandishing, and discharging firearms in furtherance of the robberies. His sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Because of his counts of conviction, Jackson must receive a mandatory minimum sentence of 27 years in prison. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney Ferguson thanked the FBI and CMPD for their investigation of the case.
Assistant U.S. Attorney David Kelly of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
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Justice Department Charges Light Rail Attacker with Federal CrimeRead the Press Release
CHARLOTTE, N.C. – A federal criminal complaint was filed in U.S. District Court in Charlotte today, charging Decarlos Dejuan Brown Jr., 34, with a federal crime in connection with the fatal attack of Iryna Zarutska on the city’s light rail system. Brown is charged with one count of committing an act causing death on a mass transportation system.
“Iryna Zarutska was a young woman living the American dream — her horrific murder is a direct result of failed soft-on-crime policies that put criminals before innocent people,” said Attorney General Pamela Bondi. “I have directed my attorneys to federally prosecute DeCarlos Brown Jr., a repeat violent offender with a history of violent crime, for murder. We will seek the maximum penalty for this unforgivable act of violence — he will never again see the light of day as a free man.”
“The brutal attack on Iryna Zarutska on the Charlotte Light Rail was a disgraceful act that should never happen in America,” said FBI Director Kash Patel. “The FBI jumped to assist in this investigation immediately to ensure justice is served and the perpetrator is never released from jail to kill again. I want to thank Attorney General Bondi for her pursuit of today’s federal charges, which are the first step toward delivering justice for Iryna and her family – as well as the millions of Americans who deserve to live in our great American cities free from being targeted by violent criminals."
According to allegations in the affidavit filed with the criminal complaint:
On August 22, 2025, at approximately 9:55 p.m., officers with the Charlotte Mecklenburg Police Department (CMPD) responded to a call for service related to an assault that occurred on the Lynx Blue Line light rail in Charlotte. Callers indicated that a woman had been stabbed by a male. Responding officers located the victim inside the rail car. The victim, subsequently identified as Iryna Zarutska, had sustained fatal stab wounds. A pocketknife and other items were collected from the scene.
Investigators reviewed surveillance footage that showed the victim entering the light rail car and sitting down in the row in front of Brown. Approximately four minutes later, Brown pulled a knife from his pocket and unfolded it before striking the victim three times from behind. Following the attack, Brown walked away from the victim. Responding officers located Brown on the light rail platform and he was arrested.
“This brutal attack on an innocent woman simply trying to get to her destination is an attack on the American way of life,” said U.S. Attorney Russ Ferguson. “Of course, crimes like this affect the victim the most—Iryna deserves justice, and we will bring justice to her and her family. But crimes like this also affect everyone who relies on mass transportation to get to and from work and go about their daily lives, and federal charges are necessary to protect the public and ensure confidence in our transportation systems.”
If convicted, Brown faces a maximum statutory sentence of life in prison or death. Ultimately, his sentence will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
The FBI is investigating the case with the assistance of the Charlotte Mecklenburg Police Department.
Assistant U.S. Attorney Mark Odulio of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
The charges against Brown are allegations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
U.S. v. Brown, September 9, 2025, Criminal Complaint