Western District of Virginia

LYNCHBURG, VIRGINIA – A Cumberland, Virginia resident, who previously pled guilty to one count of corruptly endeavoring to impair and impede the due administration of the internal revenue laws, was sentenced today in the United States District Court for the Western District of Virginia in Lychburg, announced United States Attorney John P. Fishwick Jr.

Richard Alex, 52, of Cumberland, Va., a self-employed low-voltage electrician, admitted that he did not file a timely or valid tax return for more than a decade.  For tax years 1998 and 2000 through 2003, Alex filed a tax return on which he falsely claimed that he had not earned any income.  Alex failed to file any tax returns for the 2004 through 2013 tax years, despite receiving income above the filing threshold each year, as well as numerous warnings and notices from the Internal Revenue Service (IRS).

Today in U.S. District Court in Lynchburg, Alex was sentenced to one year of supervised release and ordered to pay restitution in the amount of $809,707.

“It is our duty to ensure that all citizens pay their fair share of taxes,” United States Attorney Fishwick said today. “We will continue to work with our partners at the Tax Division and the IRS to hold accountable those who attempt to defraud our tax system.”

According to court documents, Alex attempted to conceal his assets and income to prevent the IRS from collecting his unpaid taxes.  Starting in 2004, Alex used bank accounts held in the names of nominees to receive income he earned from dispatch companies for subcontract work.  Alex also provided false information to a tax return preparer for the purpose of preparing federal tax returns for Alex’s nominee business, Cole Data Services.

Alex’s sentencing hearing is scheduled for Oct. 5.  He faces a statutory maximum sentence of three years in prison.  Alex also faces financial penalties and a term of supervised release.

The investigation of the case was conducted by Internal Revenue Service-Criminal Investigation. Assistant United States Attorney C. Patrick Hogeboom III and Trial Attorney Sean Beaty of the Tax Division prosecuted the case for the United States.

ABINGDON, VIRGINIA – A federal grand jury, sitting in the United States District Court for the Western District of Virginia in Abingdon, has indicted three individuals with healthcare fraud charges, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced today.

The grand jury has charged Deborah Branch, 64, Melissa Harr, 49 and Bryan Harr Sr., 40, all of Bristol, Virginia, with one count of health care fraud, one count of conspiracy to commit health care fraud, and two counts of wire fraud. 

According to the indictment, Melissa and Bryan Harr Sr., hired Branch to work with one of their children, who suffers from intellectual and physical disabilities and who qualifies for services paid for by Virginia Medicaid, including personal assistance, respite and residential support services.  These services are available to qualified individuals pursuant to Virginia Medicaid’s Intellectual Disability (ID) waiver program.  The ID waiver program is designed to provide critical services that enable a recipient to remain at home instead of being placed in an institution.  Recipients or their guardians are permitted to hire workers of their own choosing to provide these services which are paid for by Virginia Medicaid.  Branch was paid through two different Virginia Medicaid contractors:  Public Partnerships, LLC and ResCare (formerly known as Creative Family Solutions). 

The indictment states that from January 2010 until September 2015, Branch, with the knowledge of Melissa Harr and Bryan Harr Sr., submitted time sheets claiming Branch was providing services for Harr’s disabled son when she was not. In exchange for assisting Branch in getting paid for work she did not do, Branch paid the Harrs approximately $200 every two weeks.  Virginia Medicaid’s Department of Medical Assistance Services (DMAS) paid out $350,641.02 to the contractors based on these time sheets, of which $207,854.43 was paid to Branch.  More importantly, the Harr’s disabled son did not receive the services he legitimately needed pursuant to the ID waiver program. 

The investigation of the case was conducted by the Medicaid fraud Control Unit of the Virginia Attorney General’s Office, the U.S. Department of Health and Human Services Office of Inspector General, and the Bristol Virginia Police Department.  Special Assistant United States Attorney Janine M. Myatt, a Virginia Assistant Attorney General, is prosecuting the case for the United States.

ABINGDON, VIRGINIA – A Kentucky man, who was part of a multi-defendant conspiracy to traffic a potent form of methamphetamine from Texas into Virginia and Eastern Kentucky, pled guilty today to a federal drug charge, United States Attorney John P. Fishwick Jr. announced.

George Allen Bowling, 46, of Manchester, Kentucky, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to one count of conspiracy to possess with the intent to distribute Ice methamphetamine.

“The United States Attorney’s Office is proud to work with our partners on the local and state levels to continue to fight the scourge of methamphetamine trafficking throughout our region,” United States Attorney Fishwick said today. “This drug is a highly addictive and often deadly substance that we are working every day to address in our communities.”

To date, the investigation of this conspiracy has resulted in more than a dozen federal convictions in U.S. District Court in Abingdon, including three methamphetamine suppliers from Texas, who pled guilty earlier this year.

According to evidence presented at previous hearings, during the course of the conspiracy, various persons from Eastern Kentucky and Southwest Virginia traveled to Texas to purchase methamphetamine and subsequently transport it back via interstate highways, to avoid law enforcement detection along the way. Once the methamphetamine arrived in Kentucky and Virginia, it would be distributed by others, including Bowling. 

The investigation of the case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Drug Enforcement Administration; Virginia State Police; Kentucky State Police; Harris County, Texas Sherriff’s Office, and Russell County, Virginia Commonwealth’s Attorney’s Office.  Special Assistant United States Attorney and Russell County Commonwealth Attorney Brian Patton, Special Assistant United States Attorney Kevin Jayne and Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Southwest Virginia woman, who previously pled guilty along with three others to conspiring to manufacture methamphetamine, was sentenced today in the United States District Court for the Western District of Virginia, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.

April Darlene Fields, 37, of Glade Springs, Virginia, previously pled guilty to one count of conspiring to attempt to manufacture methamphetamine and one count of aiding and abetting the manufacture and attempted manufacture of methamphetamine. Today in District Court, Fields was sentenced to 60 months in federal prison, three years of supervised release and was ordered to pay a $200 mandatory assessment and $599.47 in restitution to the Drug Enforcement Administration for hazardous waste clean-up.

“Methamphetamine continues to destroy lives and be an obstacle for success for so many in Virginia,” United States Attorney Fishwick said today. “When individuals manufacture this dangerous substance and put the lives of others in danger, law enforcement will act swiftly and responsibly, as we did in this case.”

“The manufacturing and abuse of methamphetamine remains a significant challenge for too many communities and too many families in the Commonwealth,” said Attorney General Herring. “The cooperation and collaboration between my team and U.S. Attorney Fishwick’s team continues to produce results that make Southwest Virginia families safer.”

Others previously convicted and sentenced as part of this conspiracy include: John Steven Fields, Shauna Danielle Davie, and Dana Lynn Vanmeter. Fields was sentenced to 12 months in federal prison, a mandatory assessment of $100, and was also held jointly and severally responsible for $599 restitution to the Drug Enforcement Administration.  Davie was sentenced to 2 years of probation, a mandatory assessment of $100 and was also held jointly and severally responsible for $599 restitution to the DEA. Vanmeter was sentenced to 60 months’ imprisonment and a mandatory assessment of $300 and $599 restitution to the Drug Enforcement Administration for the clean-up of a methamphetamine laboratory discovered at her residence.

Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Town of Damascus Police Department, and the Drug Enforcement Administration.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.

HARRISONBURG, VIRGINIA – A pair of men who were pulled over in Shenandoah County and found to be in possession of methamphetamine were in United States District Court in Harrisonburg today, one for a sentencing hearing and one to plead guilty, United States Attorney John P. Fishwick Jr. announced.

Ernest Wayne Good, 35, of Elkton, Virginia, who previously pled guilty to one count of conspiring to distribute more than 50 grams of methamphetamine, was sentenced today in District Court to 68 months in federal prison.  

In a separate hearing based on related conduct, Blake Morgan Stroop, of Elkton, Virginia, pled guilty to one count of conspiring to distribute more than 50 grams of methamphetamine and one count of possessing a firearm in furtherance of a drug trafficking crime.

“We will continue to be vigilant in our enforcement of our drug laws,” United States Attorney Fishwick said today. “This case is a prime example of a law enforcement officers performing their jobs at the highest levels.”

According to evidence presented at previous hearings by Assistant United States Attorney Jeb Terrien, on October 12, 2015, officers in Shenandoah County stopped a rental vehicle drive by Good, in which Stroop was the passenger. After smelling marijuana and Good admitting to smoking “a little while ago,” officers searched Good and Stroop and found various items, including methamphetamine and firearms, among other items.

Later, on November 13, 2005, in Elkton, Virginia Stroop and Good were again apprehended by law enforcement. On this occasion Stroop was found in possession of a large amount of methamphetamine, approximately $11,070, and a loaded .380 caliber pistol with an obliterated serial number. Good was also found in possession of methamphetamine.

The investigation of the case was conducted by the Drug Enforcement Administration, the RUSH Drug Task Force, Elkton Police Department, and Strasburg Police Department. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Wise County man, who illegally removed timber from United State Forrest Service land for profit, was sentenced today in the United States District Court for the Western District of Virginia, United States Attorney John P. Fishwick Jr. announced.

Justin Alexander Stanley, 21, of Pound, Va., previously pled guilty to one count of illegally removing timber from public lands and one count of illegally cutting or injuring timber on public lands. Today in U.S. District Court, Stanley was sentenced to three months in federal prison and ordered to pay $20,457 in restitution.

“Protecting our public lands is paramount to ensuring future generations have natural resources to enjoy,” United States Attorney Fishwick said today. “When individuals like Mr. Stanley destroy these resources for profit, law enforcement will hold them accountable.”

According to information presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Stanley purchased a tract of land in Wise County in 2015 that bordered landed owned by the U.S. Forest Service. Stanley had purchased the property to log it in order to make some money. However, despite the property being surveyed and properly marked, Stanley cut down approximately 42 trees from the United States Forest Service property, some of which were large and very valuable. In addition, to facilitate his illegal logging activity, Stanley used a bulldozer to cut four separate “roads” into the property. The value of the timber cut and/or damaged on U.S. Forest Service land was $14,272 and it is estimated it will cost $6,177 to perform erosion control on the roads Stanley cut.

The investigation of the case was conducted by the United States Forest Service and the Virginia Department of Forestry. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.

ABINGDON, VIRGINIA – A member of a conspiracy that distributed methamphetamine in and around Virginia and Kentucky, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, announced United States Attorney John P. Fishwick Jr.

Tracie Cartwright, of Lawrenceville, Georgia, previously pled guilty to one count of conspiring to possess with the intent to distribute and to distribute methamphetamine.  Today in District Court, Cartwright was sentenced to 188 months in federal prison.  

“Methamphetamine is an addictive and deadly substance,” United States Attorney Fishwick said today. “We are proud to work with our partners on the local, state and federal levels to continue to fight to the scourge of methamphetamine trafficking throughout the region.”

This investigation has charged 15 individuals with being part of the conspiracy, two of which have already been sentenced to federal prison terms.        

The investigation of the case was conducted by the Bell County, Kentucky Sheriff’s Office, the Middlesboro, Kentucky Police Department, the Lee County Virginia Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives Bristol and Atlanta Field Divisions. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.

ROANOKE, VIRGINIA – A Roanoke man, who previously pled guilty to a federal drug and gun charges, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.

Michael Jamal Tucker pled guilty in August 2016 to one count of conspiring to possess with the intent to distribute and to distribute cocaine and cocaine base and one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Tucker was sentenced to 133 months in federal prison.  

“We must continue to be vigilant in not only prosecuting those individuals who distribute illicit drugs but also by supporting proven and effective treatment and prevention programs,” United States Attorney Fishwick said today.

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Virginia State Police, the Pulaski County Sheriff’s Office and the Pulaski Police Department. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Virginia man, who sponsored animals during cockfights at the Big Blue Sportsmen’s Club in McDowell, Kentucky, was the seventh person convicted of federal charges related to his criminal conduct as part of the larger cockfighting conspiracy, United States Attorney John P. Fishwick Jr. announced today.

Jimmy Crate Willis, 78, of Clintwood, Virginia, pled guilty today to one count of conspiracy to knowingly sponsor and exhibit an animal in an animal fighting venture.

“The practice of cockfighting is not only illegally under federal law but it is a violent, heinous and brutal act of cruelty for these animals,” United States Attorney Fishwick said today. “We are proud those involved in this investigation have held responsible those who raised and fought these animals and shut down this venue for such brutal and barbaric acts.”

Five defendants who have already been sentenced for their roles at Big Blue were sentenced to terms of imprisonment ranging from 6 to 18 months. Another defendant, Russell Peaks, of Pound, pled guilty earlier this month and will be sentenced on January 30, 2017.  Two remaining defendants are scheduled for trial in Big Stone Gap in April 2017.

Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch are prosecuting these cases on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office.  In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.

ROANOKE, VIRGINIA – A Roanoke man, who was previously convicted of a crime and therefore prohibited by federal law from possessing a firearm, was sentenced today on a federal firearms charge, United States Attorney John P. Fishwick Jr. announced.

Jon Phillip Dumire, 23, of Roanoke, previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Dumire was sentenced to 72 months in federal prison and three years of supervised release thereafter.

According to evidence presented during a guilty plea hearing in District Court in August, in the early morning hours of December 27, 2014, while at a house party on Stewart Avenue, SE in Roanoke, and thereafter, Dumire was armed with two guns, a small silver. 25 caliber pistol with a white handle and a .380 caliber pistol. Dumire was seen holding these guns and wearing them on his hips throughout the events that morning at the party, after the party and inside and outside his residence.

The case was brought following an investigation by the Central Virginia Violent Crime Safe Streets Task Force [Roanoke Violent Crime Task Force], a joint state-federal task force formed in January 2016 led by the FBI that includes the Virginia State Police, Roanoke City Police and Roanoke County Police. While not an official member of the task force, the Bureau of Alcohol, Tobacco, Firearms and Explosives is routinely involved in the work of the task force and was crucial in the Dumire investigation.  The case was prosecuted for the United States by United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Daniel Bubar.

CHARLOTTESVILLE, VIRGINIA – The former owner of a fortune-teller business located on Seminole Trail in Charlottesville was sentenced today in Federal court on charges that she committed mail fraud and laundered more than $1 million in money stolen from her victims, United States Attorney John P. Fishwick Jr. said today. In a separate hearing, the defendant’s husband pled guilty to similar charges today.

Sandra Stevenson Marks, a.k.a. “Catherine Marks,” 42, of Charlottesville, previously pled guilty to one count of mail fraud and one count of money laundering. Today in District Court, Sandra Marks was sentenced to 30 months in federal prison.  

In a separate hearing today in Federal Court, Donnie Stephen Marks, 43, formerly of Charlottesville, pled guilty to an Information, charging him with one count of mail fraud and one count of money laundering. Both defendants have agreed to repay at least $1.2 million in restitution to the victims of the scheme.

“These defendants found victims who were at some of the lowest points of their lives and took advantage of that grief for their own financial gain,” United States Attorney Fishwick said today. “Today’s sentence shows the seriousness of the nature of this crime and I hope it brings some level of closure to the victims of this scheme.”

According to evidence presented at previous hearings by Assistant United States Attorney Ronald M. Huber, Sandra Marks and Donnie Marks operated the business “Readings by Catherine” on Seminole Trail in Charlottesville, which offered services such as palm readings, candle readings, tarot card readings, astrological readings and spiritual readings to clients. Sandra Marks provided direct customer services while Donnie Marks managed the affairs of the business.

Sandra Marks has admitted, through a statement of facts submitted to the court and signed by the defendant, that she enriched herself by telling her clients she was clairvoyant and able to see into the past and the future. Marks also said she told her clients she had a “gift from god” and was able to communicate with spirits and guides from god, including the “Prince of Illusion,” who relayed information to her about clients.

Sandra Marks further admitted that she would tell clients that she had learned from the spirits and guides that the client, and/or the client’s family, was suffering from a “curse” and a “dark cloud” that occurred in the past. Marks would tell clients they would need to make a sacrifice of large amounts of money and valuables, whereby she would bury the money and items in a box to be “cleansed.” Marks explained to her clients that the money and property would be returned once the “work” was complete.  Additionally, Marks would tell the clients that the money and property would not be used for Marks’ own personal benefit.

Contrary to her representations to clients, Donnie Marks and Sandra Marks kept and used money and other valuables provided by their clients for their own personal use and enjoyment and that of their family. When Sandra and Donnie Marks had used all of a client’s money, Sandra and Donnie Marks would find new clients to fund the scheme, or tell old clients that additional money was required to continue her “work.”

The investigation of the case was conducted by U.S. Immigration and Custom Enforcement’s Homeland Security Investigations, the United States Postal Inspection Service, the United States Secret Service, the Virginia Attorney General’s Office, the Albemarle County Commonwealth’s Attorney’s Office and the Albemarle County Police Department. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.

ROANOKE, VIRGINIA – A citizen of Honduras, who has been removed from the United States or voluntarily returned to Mexico at least five times previously, was sentenced today in Federal Court for the illegally reentering the United States after previously being deported, United States Attorney John P. Fishwick Jr. announced.

Elmer Navarro-Navarro, 37, a citizen of Honduras, previously pled guilty to one count of reentering the United States after being previously being removed due to a conviction for an aggravated felony. Today in District Court, Navarro-Navarro was sentenced to a twelve-month term of imprisonment.

“We will continue to work with our partners to enforcement our immigration laws,” United States Attorney Fishwick Jr. said today. “Ensuring that those who have been justly removed from the United States do not return is paramount to keeping our country safe.”

According to evidence presented at previous hearings by Assistant United States Attorney C. Patrick Hogeboom III and Special Assistant United States Attorney Kari Munro, Navarro-Navarro came to the attention of Immigration and Customs Enforcement after being arrested for malicious wounding in Roanoke City. Navarro-Navarro was removed from the United States on five prior occasions.

Investigation of the case was conducted by U.S. Immigration and Customs Enforcement, the Roanoke City Police Department and the Franklin County Sheriff’s Office.  Assistant United States Attorney C. Patrick Hogeboom III and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.

ABINGDON, VIRGINIA – Three people who went on an armed robbery spree that ended with the killing of a store clerk in Mt. Airy, North Carolina in 2012, were sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.

Previously, Joshua Robert Berry, 32, of Bluewell, Virginia, pled guilty to two counts of armed robbery, two counts of brandishing a firearm during those armed robberies, one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person.  Yesterday in District Court, Joshua Berry was sentenced to 734 months in federal prison.  

 Two others involved in the crime spree, Emmanuel William Foster, 27, of Bluewell, Virginia, previously pled guilty to two counts of armed robbery, two counts of brandishing a firearm during those armed robberies, one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person. Yesterday in District Court, Foster was sentenced to 749 months in federal prison.  

Sarah Looney Berry, 28, of Bluewell, Virginia, previously pled guilty to one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person. Yesterday Sarah Berry was sentenced to 412 months in federal prison for her role in the conspiracy.

“These three individuals acted in a violent and irresponsible manner that ultimately robbed a man of his life,” United States Attorney Fishwick said today. “The sentences imposed today righteously punish these three for the manner in which they terrorized a community for well over a month while they committed violent armed robbery after violent armed robbery. I am glad to see justice done here today.”

According to evidence presented at previous hearings by First Assistant United States Attorney Anthony P. Giorno and Assistant United States Attorney Zachary T. Lee, Joshua Beery, Foster, and Sarah Berry, conspired to commit a series of armed robberies in Virginia, West Virginia and North Carolina from April 2012 through May 2012.

Joshua Berry previously admitted that on April 29, 2012, he and Foster robbed the Marquee Cinema in Wytheville, Virginia. Both men carried firearms during the robbery and were wearing black hoodies with bandanas covering their faces. Joshua Berry said they entered the business with their weapons drawn and ordered the manager to empty the registers. When they were told there was no money in the registers, Joshua Berry and Foster took the manager, and another employee, into a back room and told them to open a safe. As the manager was having trouble opening the safe, Foster put his handgun to the manager’s head and threatened to kill him if the other employee did not get the safe open. The manager was able to open the safe, which contained $4,317. Video from a nearby Wal-Mart showed a dark colored, four-door sedan, matching a vehicle commonly operated, at that time, by Sarah Berry, waiting in the parking lot behind the theater. Sarah Berry admitted in federal court to driving Joshua Berry and Foster away from the robbery in the sedan.

Joshua Berry also admitted that on May 21, 2012 he and Foster robbed the Abingdon Cinemall. The two men once again entered the business wearing black hoodies, but this time wore full-face masks and sunglasses and once again had guns drawn. When the manager observed the men entering the business, she ran to her office, one of the men saw her and chased her. Foster and Joshua Berry robbed the cash registers of the business and left with approximately $200 in cash. Video surveillance from Abingdon High School, which is located nearby, showed a pick-up truck waiting behind the business with its lights on during the robbery. Sarah Berry admitted to using her father’s pick-up truck during the robbery to drive Foster and Joshua Berry away from the scene.

On May 25, 2012, at approximately 11:50 p.m., Joshua Berry and Foster entered Eddie’s Zip Foods in Mt. Airy, North Carolina. The store owner, Donald Arnder, and his employee, Gerardo Rojas, were reviewing the days’ receipts and getting ready to close the store at midnight. The two men entered the store with Joshua Berry carrying a rifle and Foster carrying a handgun. Joshua Berry admitted today that he and Foster entered the store and that Foster and Arnder, who had a .38 caliber revolver, exchanged gunfire. Foster shot Arnder twice with a .9 mm handgun, once in the arm and once in the abdomen. Arnder died at the scene. During the exchange, Foster was shot once. After Joshua Berry carried Foster to Sarah Berry’s waiting car, the two brought Foster to a nearby residence and tried to remove the bullet themselves. When they could not get the bullet out, they took Foster to a hospital in Bland, Virginia for treatment. Foster was eventually transferred to a trauma center in Roanoke, Virginia for treatment.

The investigation of the case was conducted by the Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mt. Airy, North Carolina, Police Department, the Abingdon Police Department, the Wytheville Police Department and the Bluefield, West Virginia Police Department. First Assistant United States Attorney Anthony P. Giorno and Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.

LYNCHBURG, VIRGINIA – A Lynchburg man, who illegally possessed a firearm after being a previously convicted felon, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, United States Attorney John P. Fishwick Jr. announced today.

Shawn Vernol Preston, 54, of Lynchburg, previously pled guilty to one count of unlawful transport of a firearm. Today in District Court, Preston was sentenced to 72 months in federal prison and three years of supervised release thereafter.

“From the moment I took office as the United States Attorney I have made it a priority to work with our law enforcement partners to get illegal guns off our streets and out of our communities,” United States Attorney Fishwick said today. “Individuals who are prohibited from possessing firearms must not be allowed to possess weapons, period. When they do, our communities are less safe and law enforcement must get involved.”

According to evidence presented at previous hearings by United States Attorney John P. Fishwick Jr., on December 18, 2015 at around 7:30 p.m., Preston was approached by a Lynchburg police officer after he matched the physical description of someone who was reported to be seen with a gun. When Preston was approached by the officer, he refused to be patted down and eventually took off running.

A foot chase ensued and the Lynchburg police officer observed Preston reach into the front waistband of his pants and pull out a pistol with a silver slide. Preston ran behind a row of houses. The officer did not pursue him because she was alone and the lighting was poor. After additional units arrived, Preston emerged from behind the houses without the gun. He was arrested and placed in handcuffs. After searching behind the homes where Preston ran, another officer with the Lynchburg Police Department located a loaded, .45 silver pistol with a black grip lying on the ground.

The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lynchburg Police Department. United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Christopher Kavanaugh prosecuted the case for the United States.

ABINGDON, VIRGINIA – Another member of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta, Georgia to Southwest Virginia, was sentenced today in the United States District for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.

Matthew Charles Blevins, 35, previously guilty to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Blevins was sentenced to 24 months in federal prison.

“This prosecution made major strides in stemming the tide of methamphetamine being trafficked into Southwest Virginia from places outside of the Commonwealth,” United States Attorney Fishwick said today. “We will continue to work with our partners in law enforcement, both here in Virginia, and elsewhere, to dismantle these large-scale trafficking organizations.”

According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Blevins was part of a methamphetamine conspiracy that trafficked and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.

To date, more than ten other individuals have pled guilty to conspiring to possess with the intent to distribute methamphetamine as part of the investigation.

The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Pound, Virginia man, pled guilty to three felony charges earlier this week, including allowing a minor to be present at a cockfight, distribution of hydrocodone, and conspiring to facilitate cockfighting.

Russell D. Peaks, 40, of Wise County, Virginia, pled guilty earlier this week in the United States District Court for the Western District of Virginia in Abingdon for his role in cockfighting at the Big Blue Sportsmen’s Club “Big Blue” in McDowell, Kentucky.

“Cockfighting is not only a brutal and barbaric act, it is also illegal in this country,” United States Attorney Fishwick said today. “We are proud those involved in this investigation have held Mr. Peaks, and others, responsible for operating the Big Blue cockfighting club and for subjecting minors to this type of violence.”

According to evidence presented at previous hearings, Peaks raised fighting roosters at his home in the Pound, Virginia, area.  He then took those birds to fight at Big Blue in McDowell, Kentucky.  Peaks also fought birds in the Pound area.  On one such occasion, Peaks allowed a minor to attend the fight.   In 2014, Congress made it a felony to allow a minor to attend an animal fighting venture, which includes cockfighting.  Peaks also sold hydrocodone to an undercover officer.

Five individuals previously convicted for their role at Big Blue were sentenced to terms of imprisonment ranging from 6 to 18 months.  Another defendant, Jimmy Crate Willis, has signed a plea agreement and intends to plead guilty in the near future.  The two remaining defendants are scheduled for trial at the Federal Courthouse in Big Stone Gap on December 12, 2016.

Peaks sentencing has been scheduled for January 30, 2016, in Abingdon.

Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch are prosecuting these cases on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office.  In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.

ABINGDON, VIRGINIA – United States Attorney John Fishwick announced today that Operation Leaving Las Vegas, a joint investigation conducted by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, has resulted in thirty-two arrest warrants being issued for individuals charged with conspiring to distribute methamphetamine in Southwest Virginia, Las Vegas, Nevada, Eastern Kentucky, and elsewhere.  In addition to the arrest warrants being issued, law enforcement agents executed three search warrants today in furtherance of the investigation.  The following individuals were charged:

1. Brandon Lee Stone
2. Richard Henry Kayian
3. Stephen Anthony Cino, Jr.
4. Kevin Thomas Siegler
5. Misael Reyes-Tajimaroa
6. Tracy Allan Callihan
7. Gary Allen Ginn
8. John E. Williams
9. Kaitlynn Elizabeth Kayian
10. Bradley Allen Chapman
11. Alex Michael Kayian
12. John Dewayne Farmer
13. Steven Michael Salyer
14. Lola Virginia Farmer, aka Jenny Farmer
15. Lamar Allen Skipper
16. Brian Edward Widener, aka “Bubba”
17. Rebecca Lynn Williams
18. Daniel Cory Cantrell
19. Shauna Nicole Chafin, aka Shauna ABRAMS
20. Austin Obranovic Boardwine
21. Brandon Gary Childress
22. Tanner Morris Curd
23. Caleb Newman Dean
24. Ralph Stewart Dingus
25. William Wesley Fleenor
26. Jeffrey Nathaniel Gobble
27. Charlene Renee Hale
28. Preston Kyle Lawson
29. Justin Michael Lowe
30. Amy Lorene Moser aka Amy Arcaro
31. Heather Michelle Sullins
32. Brandon Cody Trivett

The investigation of the case was conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Internal Revenue Service Criminal Investigations, United States Marshals Service, Virginia State Police, Washington County, Virginia Sheriff’s Office, Abingdon Police Department, Marion Police Department, and Smyth County, Virginia Sheriff’s Office.  Assistant United States Attorney Zachary T. Lee will prosecute the case for the United States.

An arrest warrant is only a charge and not evidence of guilt.  The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

ROANOKE, VIRGINIA – A Brooklyn man, who previously pled guilty to a federal cocaine charge, was sentenced today in the United States District Court for the Western District of Virginia, announced United States Attorney John P. Fishwick Jr.

James Christopher Davis, 47, of Brooklyn, New York, previously pled guilty to one possessing with the intent to distribute cocaine. Today in District Court, Davis was sentenced to 27 months in federal prison.  

“The distribution of illegal drugs continues to a problem in our communities that must be addressed through a combined approach of enforcement, treatment and prevention,” United States Attorney Fishwick said today.

According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, police conducted a search warrant at an apartment in Roanoke on January 27, 2016. When Police entered the home, the first person the observed was Davis, who ran to the bathroom and slammed the door. Police entered the bathroom, arrested Davis and recovered a large, black plastic back containing a substance later determined to be cocaine.

Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ROANOKE, VIRGINIA – A Roanoke man, who used force and the threat of force to intimidate women and force them to engage in sex trafficking, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on federal drug, gun, and sex trafficking charges, United States Attorney John P. Fishwick said.  

Brandon Scott Thomas, a.k.a. “Gambino,” 25, of Roanoke, previously pled guilty to one count of conspiring to possess with the intent to distribute at least 50 grams of methamphetamine, two counts of sex trafficking by fraud, force or coercion, one count of conspiring to commit sex trafficking by fraud, force or coercion, and one count of possession of a firearm in furtherance of a drug-trafficking crime. Today in District Court, Thomas was sentenced to 27 years in federal prison.  

“Brandon Thomas preyed on the drug addictions of young women and used physical abuse and intimidation to force them to engage in sex trafficking” United States Attorney Fishwick said today. “We are proud of the work law enforcement did to bring this defendant to justice and hopefully bring these victims of sex-trafficking to a brighter future.”

“Human trafficking is one of the most heinous crimes we investigate. Brandon Thomas enslaved women in his prostitution scheme by exploiting their vulnerabilities,” said Special Agent in Charge Clark E. Settles for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington Field Office. “Our HSI special agents and law enforcement partners will continue to fight the good fight, rescuing victims and putting traffickers behind bars.”

According to evidence presented at previous hearings by Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn, Thomas conspired with others, including co-defendant Josh Voress, from at least July 2015 until his arrest in March 2016 to distribute heroin, methamphetamine, and other drugs, and he periodically possessed firearms in connection with his drug trafficking.

Thomas admitted that he ran a prostitution business involving multiple women that operated out of hotels in Roanoke and Charlottesville.  To promote the business, Thomas posted prostitution advertisements on the website backpage.com. Thomas admitted that several of the women who worked for him engaged in prostitution as a result of his fraud, force, and/or coercion.  Thomas admitted that he prostituted women identified as V1, V3, and V4 in Roanoke and elsewhere in the Western District of Virginia, and admitted that he beat and threatened to beat the women, and took advantage of their drug dependencies, to compel their prostitution services. Evidence was presented that Thomas targeted disenfranchised, drug-addicted women and exploited their heroin additions by withholding drugs and having them go dope-sick until they performed a sufficient number of prostitution services.   Although the circumstances varied, women under the control of Thomas were induced or compelled into performing multiple prostitution encounters a day.  If they did not work to his satisfaction, he would threaten them and in some instances physically harm them.

Thomas admitted that beginning in September 2015 and continuing through February 2016, he was physically abusive to V4 on a regular basis. He admitted to slapping, punching, and choking her. On at least one occasion, Thomas admitted he held a knife to the throat of V4. On a separate occasion, Thomas used a taser on V4 and also beat V4 while she was pregnant.  Many of these actions took place in front of other victims.

In addition, Thomas’ methamphetamine source, co-defendant Josh Voress, 40, of Beverly Hills, California, pled guilty in October to one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine. Voress admitted to being one of the sources of methamphetamine for a conspiracy that operated in Roanoke that included Thomas and co-defendant Tyler Johnson.

At the time of Voress’ indictment by a federal grand jury in the Western District of Virginai in Roanoke, he was also under investigation by federal authorities in Pennsylvania. As part of his plea agreement in the Western District of Virginia, Voress agreed to plead guilty to additional methamphetamine charges out of the Eastern District of Pennsylvania, and to have those charges consolidated with the federal charges in Roanoke.

According to evidence presented previously by Assistant United States Attorney Rottenborn, Voress met drug customers via the website Tumblr. Voress admitted that from November 20015 and February 2016 he sold pounds of crystal methamphetamine to Johnson via USPS or FexEx.  Voress came to Roanoke to meet Johnson and sell him crystal methamphetamine and/or collect payment from Johnson at least twice.

The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Roanoke City Police Department, the Roanoke County Police Department, the Salem Police Department, and the Virginia State Police.  Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn prosecuted the case for the United States.

WASHINGTON – The Justice Department filed a statement of interest today in the U.S. District Court for the Western District of Virginia addressing the constitutionality of state policies that automatically suspend the driver’s licenses of those who fail to pay court fines or fees.  The statement of interest was filed in Stinnie et al. v. Holcomb, a class action brought by four individuals whose driver’s licenses were suspended because they could not afford to pay fines, fees and costs assessed by Virginia courts.

The statement of interest advances the United States’ position that suspending a driver’s license is unconstitutional if it is done without providing due process and without assessing whether the individual’s failure to pay was willful or the result of an inability to pay.  As the Supreme Court has affirmed, the Constitution prohibits punishing a person because of his or her poverty.  The United States’ brief explains that the defendant’s alleged “practice of automatically suspending the driver’s license of any person who fails to pay outstanding court debt—without inquiring into ability to pay—violates that constitutional principle.”  Without taking into account an individual’s ability to pay, the practice results in indigent defendants having their driver’s licenses suspended because they cannot afford fines and fees, while defendants who can afford to pay do not.  The brief argues that, if the facts as alleged by plaintiffs are true, such practice violates the due process and equal protection clauses of the 14th Amendment. 

In Stinnie v. Holcomb, the plaintiffs allege that their driver’s licenses were indefinitely suspended because they did not pay court fines and costs that they could not afford.  They further allege that 900,000 people in Virginia, or one in six drivers, have had their licenses suspended for failure to pay court debt.  The department’s statement of interest in this case rests on a fundamental principle, developed in a long line of Supreme Court cases, “that conditioning access or outcomes in the justice system solely on a person’s ability to pay violates the Fourteenth Amendment.”  The brief also explains that a driver’s license is a constitutionally protected interest under clear Supreme Court precedent and that it cannot be suspended under the circumstances permitted in Virginia without adequate notice and a meaningful opportunity to be heard first.

“People depend on driver’s licenses to get to work, access health care and provide for their families – and so when their license is suspended for reasons that do not relate to public safety, it unnecessarily disrupts lives and harms communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “This brief advances the department’s robust efforts to prevent unlawful practices that punish poverty at every stage of the justice system and that trap vulnerable residents in cycles of debt from court fines and fees.”

“The Constitution prohibits punishing a person for their poverty,” said Director Lisa Foster of the Office for Access to Justice.  “Yet suspending a person’s driver’s license when they are unable to pay court debt does just that.  And it’s also counterproductive.  How can a person pay their fines and fees if they lose their job because they can’t drive to work?”

“Driver’s licenses permit individuals to work and contribute to society in positive ways,” said U.S. Attorney John P. Fishwick Jr. of the Western District of Virginia.  “It makes no sense to suspend this privilege because a person is poor.”

In recent years, the department has taken several steps to address the unequal treatment of the poor in the justice system.  In March 2015, the Civil Rights Division addressed a range of harmful practices in the enforcement of fines and fees, including the suspension of driver’s licenses to coerce payment, in its investigation of Ferguson, Missouri.  In March 2016, the division and the Office for Access to Justice sent a Dear Colleague Letter to state courts clarifying the constitutional limits on coercing payment of court debt, including through license suspensions.

Plaintiffs in Stinnie v. Holcomb filed their complaint in federal court in July.  The defendant is the commissioner of the Virginia Department of Motor Vehicles.  In October, the state’s Office of the Attorney General filed a motion to dismiss the case.  In its filing, the United States does not take a position on the factual accuracy of the plaintiffs’ claims, but instead addresses the appropriate legal framework for analyzing their claims. 

ROANOKE, VIRGINIA – A previously convicted felon, who under federal law is prohibited from possessing a firearm, was sentenced today for breaking into a federally licensed firearms dealer and stealing two dozen firearms with hopes of later selling them, United States Attorney John P. Fishwick Jr. announced.

David Christopher Martin, 40, of Covington, Va., previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to one count of being a previously convicted felon illegally in possession of a firearm and one count of transporting one or more stolen firearms in interstate commerce from Virginia to South Carolina. Today in District Court, Martin was sentenced to spend a total of 15 years in federal prison. In addition, Martin was ordered to pay $3,000 in restitution to the gun store owner, a fine of $500 and a $200 special assessment.  

“Since becoming the United States Attorney it has been one of my top priorities to keep guns out of the hands of prohibited users,” U.S. Attorney Fishwick said today. “This defendant planned to not only possess firearms illegally but sell them to other prohibited users. I am thankful to the men and women who investigated this case and made our community safer by recovering many of these guns.”

According to evidence presented at previous hearings by United States Attorney Fishwick, Martin admitted that on or about April 4, 2016 he used a rock to break the glass of the front door of Mountain Top Hunting and Fishing, a federally licensed firearms dealer located in Covington, Va. After breaking the glass of the front door, Martin entered the store through the broken window. Martin admitted that prior to the burglary he “cased” the business, examining the layout, inventory and security. To make his escape easier, he disassembled part of a fence at the rear of the store. Additionally, Martin purchased a set of wire cutters to disable what he believed to be part of the alarm system. 

Once inside the store, Martin used the wire cutters to break the glass of a display cabinet where handguns were on display. He took what he thought to be the most valuable handguns and put them into a red bag and left the store with 24 handguns. Martin later admitted he planned to sell the handguns for approximately $6,000 and split the money with his girlfriend.

Early on the morning of April 4, 2016, Martin got into a van with co-worker to travel to Florida for a pressure washing job at a paper mill, taking the guns with him in the red bag. At one point during the trip, the driver of the van told Martin if he had anything illegal in the van he needed to get rid of it. At a rest stop near Yemassee, South Carolina, Martin got out of the van and hid the guns in the nearby woods, taking a picture of a unique tree near where he hid the guns, which were later recovered by federal agents.

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives offices in Roanoke, Virginia, Charleston, South Carolina and Jacksonville, Florida, the Covington Police Department, the Allegheny County Sheriff’s Office, the Bloomingdale, Georgia Police Department, Colleton County Sheriff’s Office in South Carolina and the Nassau County Florida Sheriff’s Office. United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Anthony P. Giorno prosecuted the case for the United States.

ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced the guilty plea today of a man who was previously charged with stealing funds from the Social Security Administration.

Robert Wozniak, 48, of Vinton, Va., was previously charged with one count of theft of government property and one count of social security fraud. Today he pled guilty to that charge.

“Programs like Social Security are meant to be social safety nets for those in need,” United States Attorney Fishwick said today. “The Defendant fraudulently obtained his grandmother’s social security benefits and this prosecution brings him to justice for this theft.”

Wozniak admitted today that from July 2015 through April 2016 he stole Social Security Administration funds, namely retirement benefit payments, intended for Wozniak’s deceased grandmother, for which he was not entitled. The indictment specifically claims that Wozniak intentionally concealed his grandmother’s death in order to continue to receive and spend the retirement benefit payments made by the Social Security Admiration to his grandmother.  

The defendant admitted today that he concealed the body of his dead grandmother, Betty Wozniak in a freezer and later a barrel for months after she died in order to continue receiving her Social Security payments. Investigators discovered the body after Wozniak’s landlord became suspicious about the barrel and a hole she noticed in the property Robert Wozniak was renting from her.

The investigation of the case was conducted by the Department of Health and Human Services, the Social Security Administration, the Bedford County Sheriff’s Office and the Virginia Medical Center.  Assistant United States Attorney Charlene R. Day will prosecute the case for the United States.

Twenty members and associates of the Mad Stone Bloods (MSB) street and prison gang were charged in an indictment and other court documents unsealed today following the arrest of the majority of the defendants, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney John P. Fishwick Jr. of the Western District of Virginia

The indictment was returned under seal last week and charges 13 defendants with violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act and related offenses.  Charges against seven additional MSB gang members and associates in related cases were also unsealed.  According to the indictment, the MSB gang operates in Virginia, New York, New Jersey, Connecticut, North Carolina, Georgia, Texas and Maryland, and engages in activities involving murder, narcotics trafficking, wire fraud and mail fraud both in and outside of prisons.  The gang’s national leaders are based in New York and MSB leaders in Virginia report to those New York leaders.  The indictment also alleges that the defendants committed shootings, armed robberies, narcotics trafficking, interstate firearms trafficking and fraud. 

According to the indictment, Shaunda Rochelle Jones, aka Lady Stone, 20, and Jaymese Jenee Jones, aka Precious Stone, 20, both of Farmville, Virginia, and a third defendant were employees of the Virginia Department of Corrections (DOC) who allegedly conspired to smuggle controlled substances into prison facilities and deliver the drugs to other MSB gang members for use and distribution within the Virginia prisons.  A fourth former DOC employee who worked as inmate counselor has been charged in a related case for smuggling contraband items to an incarcerated MSB gang leader with whom she was engaged in a sexual relationship. 

The defendants charged with RICO Act violations include six Virginia-based MSB gang members, Michael Demont Dove, aka Dugatti Black, 31, formerly of Newport News, Virginia; Terrance Nathaniel Brown Jr., aka War, 28, formerly of Norfolk, Virginia; Clifford Alexand Jennings, aka Big Cliff, 47, of Virginia Beach, Virginia; Anthony Alfred Day, aka Rokko, 35, formerly of Portsmouth, Virginia; James Albert Bumbry, aka J. Black, 39, of Cave Springs, Virginia; and Ronnie Monroe Nicholas Jr., aka RG, 36, formerly of Hopewell, Virginia.  Corey Owens, aka Gutta, 28, formerly of Norfolk, and Jermaine Shiquill Epps, aka MMM, 26, of Virginia, are also charged with crimes related to MSB gang activity.

The above-named defendants are in custody.  An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

During the course of the investigation, Aaron Markeith Gerald, aka Big A, 33; Carlos Williams, aka Bang Em, 33; Christie Bailey, aka Summer, 37; Nicholas Johnson, aka Auto, 24; Adrienne Yvonne Williams, aka Scarlett, 38; Reginald Ball, aka RR, 34; and Rontea Lakey Gunn, aka Hit Man, 39, each pleaded guilty under seal to one count of racketeering conspiracy.  These guilty pleas were entered and remained under seal until today’s unsealing of the indictment and related cases.  Documents unsealed in those cases detailed a variety of criminal conduct by MSB gang members, including conspiracies to murder, armed robberies, other acts of violence and narcotics trafficking both inside Virginia prison facilities and on the streets.

The FBI’s Richmond and Norfolk Divisions; the Virginia State Police; the Virginia DOC; the Norfolk Police Department; the Harrisonburg, Virginia, Police Department; the Rockingham County, Virginia, Sheriff’s Office; and the Rockingham County Commonwealth’s Attorney investigated the case.  Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Grayson A. Hoffman of the Western District of Virginia are prosecuting the case.

ROANOKE- Twenty members and associates of the Mad Stone Bloods (MSB) street and prison gang were charged in an indictment and other court documents unsealed today following the arrest of the majority of the defendants, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney John P. Fishwick Jr. of the Western District of Virginia

The indictment was returned under seal last week and charges 13 defendants with violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act and related offenses.  Charges against seven additional MSB gang members and associates in related cases were also unsealed.  According to the indictment, the MSB gang operates in Virginia, New York, New Jersey, Connecticut, North Carolina, Georgia, Texas and Maryland, and engages in activities involving murder, narcotics trafficking, wire fraud and mail fraud both in and outside of prisons.  The gang’s national leaders are based in New York and MSB leaders in Virginia report to those New York leaders.  The indictment also alleges that the defendants committed shootings, armed robberies, narcotics trafficking, interstate firearms trafficking and fraud. 

According to the indictment, Shaunda Rochelle Jones, aka Lady Stone, 20, and Jaymese Jenee Jones, aka Precious Stone, 20, both of Farmville, Virginia, and a third defendant were employees of the Virginia Department of Corrections (DOC) who allegedly conspired to smuggle controlled substances into prison facilities and deliver the drugs to other MSB gang members for use and distribution within the Virginia prisons.  A fourth former DOC employee who worked as inmate counselor has been charged in a related case for smuggling contraband items to an incarcerated MSB gang leader with whom she was engaged in a sexual relationship. 

The defendants charged with RICO Act violations include six Virginia-based MSB gang members, Michael Demont Dove, aka Dugatti Black, 31, formerly of Newport News, Virginia; Terrance Nathaniel Brown Jr., aka War, 28, formerly of Norfolk, Virginia; Clifford Alexand Jennings, aka Big Cliff, 47, of Virginia Beach, Virginia; Anthony Alfred Day, aka Rokko, 35, formerly of Portsmouth, Virginia; James Albert Bumbry, aka J. Black, 39, of Cave Springs, Virginia; and Ronnie Monroe Nicholas Jr., aka RG, 36, formerly of Hopewell, Virginia.  Corey Owens, aka Gutta, 28, formerly of Norfolk, and Jermaine Shiquill Epps, aka MMM, 26, of Virginia, are also charged with crimes related to MSB gang activity.

The above-named defendants are in custody.  An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

During the course of the investigation, Aaron Markeith Gerald, aka Big A, 33; Carlos Williams, aka Bang Em, 33; Christie Bailey, aka Summer, 37; Nicholas Johnson, aka Auto, 24; Adrienne Yvonne Williams, aka Scarlett, 38; Reginald Ball, aka RR, 34; and Rontea Lakey Gunn, aka Hit Man, 39, each pleaded guilty under seal to one count of racketeering conspiracy.  These guilty pleas were entered and remained under seal until today’s unsealing of the indictment and related cases.  Documents unsealed in those cases detailed a variety of criminal conduct by MSB gang members, including conspiracies to murder, armed robberies, other acts of violence and narcotics trafficking both inside Virginia prison facilities and on the streets.

The FBI’s Richmond and Norfolk Divisions; the Virginia State Police; the Virginia DOC; the Norfolk Police Department; the Harrisonburg, Virginia, Police Department; the Rockingham County, Virginia, Sheriff’s Office; and the Rockingham County Commonwealth’s Attorney investigated the case.  Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Grayson A. Hoffman of the Western District of Virginia are prosecuting the case.

LYNCHBURG, VIRGINIA – A Staunton physician practicing in Lexington at Carilion Stonewall Jackson Hospital Emergency Department pled guilty today to a federal drug distribution charge United States Attorney John P. Fishwick, Jr., announced.

Stanley Elmer Heatwole, 73, of Staunton, Virginia, waived his right to be indicted and pled guilty this morning to an Information charging him with one count of distribution of controlled substances.

“This defendant used his position as a physician to write prescriptions for narcotics to persons he knew to have drug addictions as part of his inappropriate sexual relationships with his patients,” United States Attorney John P. Fishwick Jr. said today. “This defendant’s prescriptions issued outside of his professional practice is drug dealing by an individual who believed the rules didn’t apply to him. As today’s conviction clearly shows, the rules apply to everyone equally.”                                                                                                        

From 2009 to 2014, Stanley Elmer Heatwole wrote controlled substance prescriptions, specifically hydrocodone, to a female patient with whom he had an intimate relationship.  These prescriptions were not for a legitimate medical purpose and were outside the usual course of professional practice.  In 2014, his license to practice medicine was suspended.

The investigation of the case was conducted by the Tactical Diversion Squad of the Drug Enforcement Administration and the Virginia State Police.  Assistant United States Attorney Jennie L. M. Waering is prosecuting the case for the United States.

ROANOKE, VIRGINIA – The U.S. Attorney’s Office for the Western District of Virginia announced today that there is insufficient evidence to pursue federal criminal civil rights charges against the Roanoke County Police Officers involved in the fatal shooting of Kionte Spencer on February 26, 2016.

Officials from the U.S. Attorney’s Office and the Justice Department’s Civil Rights Division met with members of Spencer’s family today to inform them of this decision. Federal authorities conducted an independent review of all the information obtained during the state’s investigation. This information included dashboard cameras from the officers’ patrol cars, statements by the officers and independent eyewitnesses, audio recordings, and other physical evidence.

The team of federal prosecutors considered whether the officers violated federal law by willfully using unreasonable force against Spencer. Under the applicable federal criminal civil rights statute, prosecutors would be required to establish, beyond a reasonable doubt, that a law enforcement officer, or in this case officers, willfully deprived Mr. Spencer of a constitutional right. To establish willfulness, federal authorities would be required to show that the officers acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation. 

Evidence showed that on February 26, 2016, at approximately 7:15 p.m., officers responded after a 9-1-1 caller reported a man walking on the shoulder of Brambleton Avenue in Roanoke County wearing a mask and backpack and carrying a firearm, which the caller said “appeared to be a Glock.” The caller further stated that the man was waving the gun around and had pointed it at passing cars, including the car driven by the caller.

Shortly thereafter, the Roanoke County Police Department dispatched six officers to the busy intersection of Brambleton Avenue and Electric Road in Roanoke County, where they saw Spencer attired as described by the caller and carrying what appeared to be a handgun in his right hand. The officers repeatedly commanded Spencer to stop and drop the “gun.” At least one officer made commands using a police vehicle’s public address system.  Spencer disregarded these commands and continued walking with the handgun at his side. Although he was wearing headphones, Spencer turned his head toward the officers multiple times and pivoted in a 360 degree turn so that officers were within his line of sight as he turned onto Electric Road. In addition, the flashing lights of several police cars were visible to him.

Officers followed Spencer on foot with their weapons drawn as they continued to call for him to stop and drop the gun.  Spencer looked directly at the officers, but continued to disregard their commands. Officers refrained from using force and continued to follow him. As Spencer continued to walk and ignore the officers’ commands, one officer holstered his weapon and attempted to resolve the situation without deadly force by making two unsuccessful attempts to tase Spencer. After he turned right off of Electric Road toward an apartment complex, Mr. Spencer turned and faced the officers and began to raise both hands, including the hand with the gun, waist high toward the officers. At that time, two officers fired a total of three shots, two of which struck Mr. Spencer and fatally wounded him.

The investigation revealed that the weapon carried by Mr. Spencer was a Crossman BB-gun, with the grips missing. The BB-gun is made to look like an actual handgun and bears markings similar to a Glock.

In this instance, there is no reliable evidence to contradict the assertion that the officers fired at Spencer because they perceived him to be a deadly threat to themselves and others. The BB-gun’s appearance was consistent with information provided by the 9-1-1 caller and relayed to responding officers that Mr. Spencer was armed with a gun. When officers first encountered Mr. Spencer, they attempted to defuse the situation using repeated verbal commands to stop walking and drop the gun. Officers also attempted to use non-lethal means, including the use of a taser. It was only when Mr. Spencer turned to face the officers and raised his hands with the gun pointed towards them that they opened fire.

Based on a careful and thorough review federal prosecutors determined that there was insufficient evidence to prove, beyond a reasonable doubt, that officers acted willfully with a bad purpose to violate federal law. Accordingly, the federal review of this incident has been closed without prosecution. This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the incident that led to Mr. Spencer’s death.

The U.S. Attorney’s Office and the Civil Rights Division are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated.  The department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.

ROANOKE, VIRGINIA United States Attorney John P. Fishwick Jr. announced today that Assistant United States Attorneys Charlene R. Day, Ronald M. Huber and Jennie L. M. Waering will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections.  AUSAs Day, Huber and Wearing have been appointed to serve as the District’s Election Officers (DEOs) for the Western District of Virginia, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

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

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to make their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Fishwick stated that AUSAs/DEOs Huber, Waering and Day will be on duty in this District while the polls are open.  They can be reached by the public at the following telephone numbers: Waering: 540-857-2905. Day: 540-278-1475. Huber: 434-296-3912.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 540-344-5561.

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

ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today that he, and other members of the U.S. Attorney’s Office for the Western District of Virginia and the Bureau of Alcohol, Tobacco, Firearms and Explosives, will team with school leaders and students from all across the Western District of Virginia over the next two weeks to take part in the office’s first Student Pledge Against Gun Violence.

The Student Pledge Against Gun Violence is a national initiative, held in conjunction with the National Day of Concern about Young People and Gun Violence (October 19) that honors the role that people, through their own decisions, can play in reducing gun violence. The initiative provides a means for teachers and community leaders to speak to young people about gun violence. Over 10 million students nationwide have taken the pledge since its inception in 1996.

“Since becoming U.S. Attorney, reducing gun violence has been one of my top priorities. It’s something I feel makes our communities safer,” U.S. Attorney Fishwick said today. “The Student Pledge Against Gun Violence is an opportunity to take this message into our schools and let students know that they have a responsibility to their community, to their friends and to themselves. We want them to know that the decisions they make matter and have a huge impact on their future.”

Beginning October 21, U.S. Attorney Fishwick will be traveling to schools throughout the Western District of Virginia to speak to over 13,000 students about gun violence, decision making and community safety. While there, students will also have the opportunity to take the pledge:

1. I will never bring a gun to school;
2. I will never use a gun to settle a personal problem or dispute;
3. I will use my influence with my friends to keep them from using guns to settle disputes.

In addition to making copies of the Pledge available to all interested schools in the Western District, U.S. Attorney Fishwick will be talking to students about what they can do to reduce gun violence.

• October 21- Roanoke
  • Patrick Henry High School
  • William Fleming High School (presentation date not yet set)
• October 24- Augusta County
  • Buffalo Gap High School
  • Riverheads High School
  • Beverley Manor Middle School
  • Fort Defiance High School School
  • Stewart Middle School
  • Wilson Middle School
  • Wilson Memorial High School
  • Stuart’s Draft High School
  • Stuart’s Draft Middle School
• October 25- Nelson County
  • Nelson County High School
• October 26- Lynchburg
  • EC Glass High School
  • Fort Hill Community School
  • Empowerment Academy
  • Heritage High School
• October 27- Harrisonburg
  • Skyline Middle School
  • Thomas Harrison Middle School
• October 28- Danville
  • Westwood Middle School
  • O. Trent Bonner Middle School

     

ABINGDON, VIRGINIA – Three Southwest Virginia residents, who previously pled guilty to charges related to the manufacturing of methamphetamine, were sentenced this week on federal drug charges, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.

Dana Lynn Vanmeter, 44, of Meadowview, Virginia, pled guilty on August 4, 2016, to one count of conspiring to manufacture methamphetamine, one count of using or maintaining a place for the purpose of manufacturing, distributing, and using methamphetamine, and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present. This week, Vanmeter was sentenced to 60 months’ imprisonment, to be followed by 3 years’ supervised release, a mandatory assessment of $300 and $599 restitution to the Drug Enforcement Administration for the clean-up of a methamphetamine laboratory discovered at her residence.

John Steven Fields, 40, of Glade Springs, Virginia, and Shauna Danielle Davie, 25, of Meadowview, Virginia, both plead guilty in July 2016 to one count each of conspiring to manufacture methamphetamine.   This week, Fields was sentenced to 12 months’ imprisonment, to be followed by 3 years’ supervised release, a mandatory assessment of $100, and was also held jointly and severally responsible for $599 restitution to the DEA.  Davie was sentenced to 2 years’ probation, a mandatory assessment of $100 and was also held jointly and severally responsible for $599 restitution to the DEA.

A fourth defendant, April Fields, has also pled guilty to related charges and is scheduled to be sentenced on January 10, 2017.

“When individuals risk the lives of others, especially children, to manufacture this volatile and deadly drug, they must be punished,” United States Attorney Fishwick said today.  “We will continue to work with our partners from the Attorney General’s Office to attack the problem of methamphetamine trafficking from all sides- enforcement, prevention and treatment.”

“These were very serious crimes and the sentences imposed in these cases reflect the seriousness of the offenses.  Methamphetamine is one of the most dangerous drugs inflicted upon our region of the country and we will continue to work with local, state, and federal partners to vigorously prosecute those who manufacture it,” stated Attorney General Herring.  

Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Town of Damascus Police Department, and the Drug Enforcement Administration.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.

ABINGDON, VIRGINIA – Two more members of a 22-person conspiracy, that brought a controlled substance analogue into Southwest Virginia from as far away as China, were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.

John Roma Bryan III and Wesley David Gross were sentenced today in the Federal Court for their roles in the conspiracy

Bryan, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute alpha-PVP, also known as “Flakka,” and one count of possessing a firearm in furtherance of a drug trafficking crime and using and carrying a firearm during and in relation to a drug trafficking crime, was sentenced today to 72 months in federal prison.  

Gross previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute alpha-PVP. Today in District Court, Gross was sentenced to 96 months in federal prison.

“This form of synthetic drug, known as gravel and flakka, has dire health consequences for users and should be avoided at all costs,” United States Attorney Fishwick said today. “We are grateful to the work of our law enforcement partners for putting an end to this distribution conspiracy and slowing the importation of this deadly substance into our community.”

According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.

Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.

The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department.  Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Virginia man, who was required to register as a convicted sex offender upon moving to the Commonwealth from Arizona but failed to do so, pled guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.

Ray Merrill Stapleton, 65, of Dickenson County, Virginia, pled guilty yesterday in District Court to one count of failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA) after having traveled in interstate commerce. Stapleton will be sentenced on January 9, 2017.

“SORNA is an important tool for law enforcement to ensure the safety of our communities,” United States Attorney Fishwick said today. “Mr. Stapleton knew his requirements under the law and failed to comply, for that he has been held justly accountable.”

According to evidence presented at yesterday’s hearing by Assistant United States Attorney Randy Ramseyer, Stapleton was convicted in Pima County, Arizona on June 26, 1988 that consequently resulted in his requirement to register as a sex offender. Stapleton acknowledged his obligation to comply with Arizona, and other states’ registration requirements to register, should he choose to move. Officials in Arizona last recorded contact with Stapleton in September 2010 and recently contacted the Virginia State Police and the United States Marshals Service to follow-up on an investigative lead about the whereabouts of Stapleton. The defendant was ultimately located living in Dickenson County, Virginia, where he was arrested and charged with failing to register.

The investigation of the case was conducted by the Virginia State Police and the United States Marshals Service. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.

ROANOKE, VIRGINIA – A Roanoke man, who was involved with the interstate transport and sale of heroin, was sentenced yesterday in federal court on related drug charges, United States Attorney John P. Fishwick Jr. announced.

Shawn St. Clair Cadogan, 30, of Roanoke, Virginia, previously pled guilty to one count of possession with intent to distribute heroin. Yesterday in District Court, Cadogan was sentenced to 84 months in federal prison.  

“As we have seen in communities throughout the Commonwealth, heroin continues to be a destructive force that destroys lives,” Unites States Attorney Fishwick said today. “We will continue to use all federal resources available to enforce our laws while supporting appropriate prevention and treatment programs for those addicted to this deadly drug.”

The investigation of the case was conducted by the Drug Enforcement Administration (DEA) in partnership with the Bedford County Sheriff’s Office, Roanoke City Police Department, and DEA units based out of Paterson, New Jersey.  Assistant United States Attorney Andrew Bassford and Special Assistant United States Attorney Kari K. Munro prosecuted the case for the United States.

ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencings of a pair of individuals charged with conspiring to distribute methamphetamine.

Rebel Steiner Akers, 60, of Cana, Virginia, previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to one count of conspiring to distribute 500 grams or more of methamphetamine. Yesterday in District Court, Akers was sentenced to 127 months in federal prison.

Sharon Denise Gallimore, 38, also of Cana, previously pled guilty to one count of conspiracy to distribute 50 grams or more of methamphetamine. Yesterday in District Court, Gallimore was sentenced to 127 months in federal prison. A third conspirator, Lindsey Berrier, was sentenced last week to 84 months on similar charges.

The investigation of the case was conducted by the Drug Enforcement Administration, the Carroll County Sheriff’s Office and the Surry County, North Carolina Sheriff’s Office. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

LYNCHBURG, VIRGINIA – Months after 56 guns were stolen from a federally licensed firearms dealer in Appomattox, three of the men who took part in the break-in have been sentenced in federal court on related charges, United States Attorney John P. Fishwick Jr. announced today.

Jaquan Tyree Harris, 21, of Amherst, Virginia, previously pled guilty to one count of stealing firearms from a federally licensed firearms dealer and one count of being a previously convicted felon illegally in possession of a firearm. Yesterday in the United States District Court in Lynchburg, Harris was sentenced to 52 months in federal prison.

Dequan Montez Kelso, 23, and Kwamane Jarrae McCoy, 22, both of Appomattox, Virginia, had each previously pled guilty to one count of stealing firearms from a federally licensed firearms dealer and one count of being a previously convicted felon illegally in possession of a firearm. Yesterday in District Court, Kelso was sentenced to 48 months in federal prison. In a separate hearing, McCoy was sentenced to 60 months in prison.  All three defendants were ordered to pay restitution to the gun shop owner for damages stemming from the break-in.

“Keeping illegal guns out of the hands of prohibited users is a priority of the United States Attorney’s Office,” United States Attorney Fishwick said today. “One of the first steps we can take in keeping our communities safe is getting illegal guns off our streets. This case is a prime example of law enforcement working to do just that.”

According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, in January 2016, four masked individuals burglarized TNT Outfitters in Appomattox, Virginia in the middle of the night, stealing 56 firearms. Following a thorough investigation by the ATF, Virginia State Police and the Appomattox County Sheriff’s Office, McCoy and Kelso were identified as being involved in the burglary and were soon located and found to be in possession of some of the stolen firearms. They were subsequently arrested and admitted their involvement in the incident.

Many of the stolen firearms, including a Glock 17, HiPoint C9, Smith and Wesson M&P 9 Pro, Remington Model 700 Shotgun and a Ruger Mini 14 .223 Rifle, remain missing. The Bureau of Alcohol, Tobacco, Firearms and Explosives have offered a $10,000 reward to anyone with knowledge of the whereabouts of these missing firearms. Anyone with information can contact the ATF at 1-800-283-4867.

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Virginia State Police and the Appomattox Sheriff’s Office.  Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ABINGDON, VIRGINIA – An inmate at the United States Federal Penitentiary in Lee County, Virginia, USP Lee, admitted today in United States District Court for the Western District of Virginia in Abingdon to conspiring with others to bring illegal narcotics into the prison, United States Attorney John P. Fishwick Jr. announced.

Jermaine Calvin Jeffries, 44, waived his right to be indicted and pled guilty today in District Court in Abingdon to a one count Information charging him with one count of conspiring with others to provide a prohibited object, methamphetamine, to other inmates. Jeffries will be sentenced on January 11, 2017 at 10:30 a.m. in Abingdon.

“We must do all we can to maintain law and order, both inside and outside the walls of a federal penitentiary,” United States Attorney Fishwick said. “The individuals involved in this criminal behavior attempted to bring illegal drugs into USP Lee and, thanks to the hard work of those men and women working inside the prison, their efforts were thwarted.”

Jeffries conspired with others to provide inmates inside USP Lee with methamphetamine, Suboxone and marijuana. They did this through the use of phone calls to arrange transportation of the methamphetamine and the attempted transportation of the drug from outside the prison to prisoners incarcerated at USP Lee.

The investigation of the case was conducted by the Federal Bureau of Investigation.  Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.

ABINGDON, VIRGINIA – Three sources of ICE methamphetamine—who supplied a local conspiracy with large quantities of the drug for multiple years—have pled guilty in federal court, along with a local man who was part of the drug distribution network, United States Attorney John P. Fishwick Jr. announced today.

Recently in separate hearings before the District Court, Angel Soliz Jr., 37, Angel Soliz Sr., 56, and Ysidro Juarez III, 53, all of Houston, Texas, pled guilty to a lesser-included count of conspiring to distribute and possess with the intent to distribute methamphetamine.  As part of his guilty plea, Soliz Jr. agreed to forfeit more than $800,000 which was seized from his home in Texas.

According to evidence presented by prosecutors, the Texas-trio admitted to being the source of much of the ICE methamphetamine that was sold in a multi-defendant conspiracy and which has resulted in more than a dozen federal convictions in U.S. District Court in Abingdon.  Soliz Sr. and Soliz Jr. coordinated the supply of methamphetamine from Texas, while Juaerz worked under them to help distribute the drug.  During the course of the conspiracy, various persons from Eastern Kentucky and Southwest Virginia would travel to Texas to purchase methamphetamine and subsequently transport it back via interstate highways, avoiding law enforcement detection along the way.  Once the ICE methamphetamine had arrived in Kentucky and Virginia, it would be distributed to others.

Also in District Court, Ronald Sizemore, 56, of Kentucky, pled guilty to one count of conspiracy to distribute and possess with the intent to distribute ICE methamphetamine. Sizemore acted as one of the local distributors of the drug.

“This case is a prime example of law enforcement working together to not only stop a conspiracy at the distribution level but following the chain to the source and prosecuting those folks as well,” U.S. Attorney Fishwick said today. “Methamphetamine abuse is still a major problem in our area and there is still work to be done, but the community should feel good about the amount of drugs that have been taken off their streets with this prosecution.”

The investigation of the case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Drug Enforcement Administration; Virginia State Police; Kentucky State Police; Harris County, Texas Sherriff’s Office; and Russell County, Virginia Commonwealth’s Attorney’s Office.  Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Tennessee man, who conspired with others to traffic ICE methamphetamine into Southwest Virginia for further distribution, pled guilty today in the United States District Court for the Western District of Virginia, United States Attorney John P. Fishwick Jr. announced.

Roger Coley, 60, pled guilty today to one count of conspiring to possess with the intent distribute ICE methamphetamine. Coley will be sentenced on December 28, 2016, at the federal courthouse in Abingdon.

“This conspiracy brought large quantities of this very potent form of ICE methamphetamine into Southwest Virginia and preyed on the addictions of others for financial gain,” United States Attorney Fishwick said today. “Law enforcement in this case worked cooperatively to dismantle this conspiracy and bring this defendant, and others involved in this activity, to justice.”

According to evidence presented at today’s guilty plea hearing by Special Assistant United States Attorney Kevin Jayne, Coley assisted in a conspiracy to traffic ICE methamphetamine from Tennessee into Virginia. Specifically, Coley, and co-defendant Randy Doss, who were both located in Tennessee, supplied ICE methamphetamine to co-conspirators Mike Warren, Summer Delp, Kevin Roark and Tim Montgomery, and others, who would typically travel from Virginia to Tennessee to purchase the methamphetamine.  Once the methamphetamine arrived in Virginia, the group would further distribute the drug.

The investigation of the case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Drug Enforcement Administration; United States Marshals Service; and Virginia State Police.  Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.

ROANOKE, VIRGINIA – A Cana, Virginia woman, who conspired with others to distribute methamphetamine, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.

Lindsay Elease Berrier, 23, of Cana, Virginia, who previously pled guilty to one count of conspiring to distribute more than 50 grams of methamphetamine, was sentenced today to 84 months in federal prison. Two co-conspirators, Rebel Akers and Sharon Gallimore have been convicted and are awaiting sentencing.

“Methamphetamine continues to devastate communities across Virginia and destroy lives,” United States Attorney Fishwick said today. “We will continue to work with law enforcement at all levels to dismantle distribution conspiracies, both large and small, to make our communities safer.”

The investigation of the case was conducted by the Drug Enforcement Administration, the Carroll County Sheriff’s Office and the Surry County, North Carolina Sheriff’s Office. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ROANOKE, VIRGINIA – A man who conspired with others to distribute heroin was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.

Jesse Ray Little, who previously pled guilty to one count of conspiring to distribute 100 grams or more of heroin, was sentenced today in District Court to 108 months in federal prison.

“The United States Attorney’s Office will continue to work with our partners in law enforcement to combat the growing threat of heroin abuse,” United States Attorney Fishwick said today. “While vigorous enforcement of our drug laws is key in fighting the heroin epidemic, we must also work with prevention and treatment specialists to help those addicted to this deadly drug get the help they need to lead productive lives.”

The investigation of the case was conducted by the Drug Enforcement Administration, the Bedford County Sheriff’s Office and the Virginia State Police.  Assistant United States Attorney Andrew Bassford    prosecuted the case for the United States.

ROANOKE, VIRGINIA – A Marion, Virginia man, who conspired with others to distribute methamphetamine, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on Federal drug trafficking charges, United States Attorney John P. Fishwick announced today.

Jason Dee Howell, 36, of Marion, who previously pled guilty to one count of conspiring to distribute more than 500 grams of a mixture containing methamphetamine, was sentenced today to 138 months in federal prison.

“Methamphetamine is one of the most addicting and destructive substances we in law enforcement encounter,” United States Attorney Fishwick said today. “We must continue to use all resources available to stop the flow of this drug into Virginia.”

The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, the Wythe County Sheriff’s Office, the Smyth County Sheriff’s Office and the United States Marshals Service.  Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ROANOKE, VIRGINIA – A New Jersey man, who previously admitted to supplying heroin to Roanoke drug dealers from sources in New Jersey, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.

Hassan Rasool Williams, of Jersey City, New Jersey, who previously pled guilty to one count of conspiring to distribute more than 1,000 grams of heroin, was sentenced today to 151 months in federal prison.

“Heroin has become a public health crisis in this country and must be treated as such by both law enforcement and treatment professionals,” United States Attorney Fishwick said today. “We will continue to prosecute those, like Mr. Williams, who traffic large amounts of heroin into our communities while also supporting programs that provide treatment for addicts of this deadly drug. It is only through a comprehensive approach can we hope to make progress on this important issue.”

According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, from March 2013 to July 2015, Williams ran an organization that brought heroin from New Jersey to the City of Roanoke where it was resold, either by himself or his co-conspirators, Dawayne Lamar Gibson, Duane A. Andrews, Marquis Rashad Harris and Camilla Bridget Ward.

The investigation of the case was conducted by the Drug Enforcement Administration, the Roanoke City Police Department and officials with the Baltimore/Washington HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ABINGDON, VIRGINIA – A Southwest Virginia resident, who previously pled guilty to charges related to the manufacturing of methamphetamine, was sentenced on September 30, 2016, in the United States District Court for the Western District of Virginia at Abingdon, Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.

Shana Ariz Castillo, 32, of Marion, previously pled guilty to one count of conspiring to manufacture methamphetamine, one count of creating a substantial risk of harm to human life while illegally manufacturing or attempting to manufacture methamphetamine, and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present.  Castillo was sentenced last week in District Court to serve 108 months in federal prison, to be followed by three years of supervised release.  Restitution of $834 was also imposed for the cleanup of the hazardous materials from a methamphetamine laboratory found at Castillo’s apartment.

Castillo pled guilty to conspiring to manufacture methamphetamine over a nine-month period, from August 9, 2014, through on or about May 27, 2015.  Approximately 68 grams of methamphetamine were involved in this conspiracy.  Evidence presented during the sentencing hearing included photographs of Castillo’s apartment, where a search warrant was executed on May 27, 2015.  The search warrant revealed evidence of a recent methamphetamine laboratory, which included dangerous equipment and chemicals, methamphetamine, and multiple drug paraphernalia items, such as smoking devices and a used syringe.  The methamphetamine laboratory equipment and materials were located in close proximity to Castillo’s two-year old child’s bedroom.  Actual methamphetamine, drug paraphernalia, and other dangerous items were located on top of the child’s toy table, just outside the child’s bedroom.  Castillo’s child was present when the search warrant was executed.       

“Manufacturing methamphetamine is a danger to the public, particularly where it is manufactured in a residence where a minor is present or resides.  We take these cases very seriously and will work hard to prosecute those who endanger the public and minors, as today’s sentence shows,” United States Attorney Fishwick said today. “This case is an unfortunate reminder of how addictive methamphetamine is and the lengths that drug dealers will go to manufacture this drug, even manufacturing where a two-year old child resides.  Exposing a young child to methamphetamine and the dangerous chemicals used during the manufacturing process is incomprehensive and repugnant.  We will continue to work with our partners in law enforcement to slow the spread of this deadly drug throughout Virginia and aggressively prosecute these cases.”

Attorney General Mark Herring added his appreciation to the law enforcement agencies involved in this investigation and echoed the need to aggressively prosecute those who manufacture methamphetamine.  “Manufacturing methamphetamine is inherently dangerous and presents a serious risk of harm to the community.  These are very serious cases and must be handled accordingly, particularly when a minor child is exposed to this very dangerous drug and the manufacturing process.  As public safety is our highest priority, we will continue to investigate these offenses alongside our law enforcement partners and work to keep this dangerous drug out of our communities,” stated Attorney General Mark Herring. 

Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Bristol Virginia Police Department, and the Drug Enforcement Administration.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States.

CHARLOTTESVILLE, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Charlottesville has indicted six individuals on charges related to a series of violent armed robberies and a carjacking that occurred in Albemarle and Greene counties in recent months, United States Attorney John P. Fishwick Jr. announced.

In an indictment returned last week, the grand jury has charged Terence Tyree, a.k.a. “TJ,” 19, of Ruckersville, Virginia, in counts one and three through seven. Kentarian Jones, a.k.a. “Kentavia,” 19, of Earlysville, Virginia, is charged in counts one and four through seven. Demetrius Steppe, 20, of Ruckersville, is charged in counts one through three. Jacquarius Johnson, a.k.a. “Corey,” 18, of Charlottesville, Virginia, is charged in counts six and seven. Isaiah Wilson, 24, of Charlottesville, is charged in Count two and Chelsea Elizabeth Scott, 24, of Ruckersville, is charged in count four.

All six defendants had their initial court appearances in United States District Court in Charlottesville today and have been held, without bond, pending trial, which has been preliminarily set for December 12, 2016.

According to the indictment, the six individuals are charged with participating in a series of armed robberies of businesses and individuals in Albemarle and Greene counties. Three of these individuals are charged in a violent home invasion, abduction and armed carjacking in Albemarle County.

The indictment charges that on June 9, 2016, Tyree and Jones committed an armed robbery that occurred at the Papa John’s in Greene County, Virginia. Tyree and Steppe are also charged with committing an armed robbery of the same Papa John’s on June 17, 2016.

The indictment further charges that on June 12, 2016, Wilson and Steppe committed an armed robbery of the 7-11 in Albemarle County. Tyree, Jones and Johnson are also charged with committing an armed robbery of this same 7-11 location on July 18, 2016.

The indictment further charges that on June 27, 2016, Tyree, Jones and Scott committed an armed robbery of Domino’s Pizza located in Albemarle County.

The indictment further charges that Tyree and Jones committed an armed robbery of the Domino’s Pizza in Greene County on July 7, 2016.

Finally, the indictment charges that on July 18, 2016, Tyree, Jones and Johnson committed an armed carjacking of Victim A by using force and intimidation, with the intent to cause death and serious bodily harm.

The investigation of the case was conducted by the Federal Bureau of Investigation, the Albemarle County Police Department and the Greene County Sheriff’s Office.  Assistant United States Attorneys Ronald M. Huber and Christopher Kavanaugh will prosecute the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

ABINGDON, VIRGINIA – A Skaneateles, New York, man who was involved in the manufacture of illegal pro-hormones/designer steroids, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon.  James William Mills, age 50, entered a guilty plea to conspiring to commit various offenses including misbranding a drug and impeding the Food and Drug Administration in its function of regulating drugs.

United States Attorney John P. Fishwick indicated “Our office will continue to hold accountable those who manufacture these dangerous products.”

“Distributing unapproved prescription drugs disguised as a dietary supplements is illegal and puts American consumers at risk,” said Special Agent in Charge Mark McCormack of the FDA Office of Criminal Investigations’ Metro Washington Field Office.  “Our office is fully committed to working with the Department of Justice to assure that dietary supplements do not contain any drugs or other prohibited substances.”

Mills was part of an operation that involved the illegal importation of raw drug powder from China to the Danville, Virginia, area.  The powders were then shipped to various locations throughout the United States including a manufacturing facility at which Mills worked in Skaneateles.  The illegal product contained methasterone, commonly known as Superdrol.  The product was illegally marketed as a nutritional supplement when, in fact, it was a dangerous drug.

As part of the plea agreement, Mills agreed to an enhancement in his sentencing guideline level for obstruction of justice based on his false testimony before a federal grand jury.  Mills falsely testified about his knowledge of Superdrol and the large cash payment involved in the deal.  He also falsely testified that he had retired on good terms from the Syracuse Police Department when, in fact, he resigned pursuant to plea negotiations concerning a perjury investigation. 

United States District Judge James P. Jones scheduled Mills sentencing for December 15, 2016 at 10:30 a.m. in Abingdon.  At sentencing, Mills faces a maximum sentence of imprisonment for a term of five years.

The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations.  Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

CHARLOTTESVILLE, VIRGINIA – A Maryland man, who was employed by the Defense Intelligence Agency at the agency’s Rivanna Station in Albemarle County, pled guilty today in the United States District Court for the Western District of Virginia in Charlottesville to stealing government property and making false statements, United States Attorney John P. Fishwick Jr. announced today.

Jameel Solomon Moses, 31, formerly of Charlottesville, Va., pled guilty today to one count of theft of government property and one count of making false statements.

“Individuals who work for the government have an obligation to be truthful in their time-keeping and responsible in the manner in which they are paid,” United States Attorney Fishwick said today. “When employees are deceitful and steal money through inaccurate bookkeeping, they will be held accountable.”

According to evidence presented in court today by Assistant United States Attorney Heather L. Carlton, Moses was hired by Worldwide Information Network System to work as a contractor with the Defense Intelligence Agency. During his time as a contractor, Moses regularly submitted timesheets on which he had claimed to work hours he was not present at the Rivanna Station nor permitted to work from home. This action caused Moses’s employer to fraudulently bill the United States government and caused the United States government to pay for time Moses did not actually work. At an average hourly billing rate of $67 per hour and a total of 578 hours of work lost, the financial loss to the United States for overpaid time was at least $38,726.

The investigation of the case was conducted by the Office of the Inspector General, Defense Intelligence Agency and the Defense Criminal Investigative Service, Office of the Inspector General, U.S. Department of Defense. Assistant United States Attorney Assistant United States Attorney Heather L. Carlton prosecuted the case for the United States.

ROANOKE, VIRGINIA – The third member of a conspiracy that distributed methamphetamine in the Western District of Virginia was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick announced.

Sandra Gail Rymer, 36, of Dallas, Georgia, previously pled guilty in District Court to one count of conspiring to distribute 50 grams of a mixture containing methamphetamine. Today in District Court she was sentenced to 60 months in federal prison.

“This conspiracy contributed to the growing threat of methamphetamine abuse throughout Southwest Virginia,” United States Attorney John P. Fishwick Jr. said today. “We will continue to be vigilant in working with our partners in law enforcement to fight this drug epidemic.”

The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, the Wythe County Sheriff’s Office, the Smyth County Sheriff’s Office and the United States Marshals Service.  Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

ABINGDON, VIRGINIA – The former mayor of Clinchco, Virginia in Dickenson County, was sentenced today in Federal Court to fraud charges stemming from her use of town funds used to make improvements and repairs to her personal home while she was Mayor, United States Attorney John P. Fishwick Jr. announced.

Peggy Sue Stanley Mickens, 50, of Clinchco, Virginia, previously pled guilty today to one count of theft concerning programs receiving Federal funds, one count of mail fraud and one count of wire fraud. Today in District Court, Mickens was sentenced to imprisonment for a term of six months and was ordered to make restitution to the Town of Clinchco in the amount of $6,179.47.

“Peggy Mickens abused her position of trust to enrich herself and for that she has been held accountable,” United States Attorney Fishwick said today. “The United States Attorney’s Office takes reports of public corruption seriously and will continue to pursue federal charges against public officials, when appropriate.”

According to evidence presented at previous hearings by Russell County Commonwealth’s Attorney and Special Assistant United States Attorney Brian Patton, Mickens was elected Mayor of Clinchco in May 2012, at which time she gained access to, and possession of the town’s banking instrument, credit cards, invoices and banking statements.

In 2013, Clinchco received approximately $20,000 from the Department of Housing and Urban Development [HUD] via a Community Development Block Grant, to be used to rehabilitate homes and/or construct new homes in the town.  Mickens, without any type of procurement formalities or approval, hired a contractor to remodel her home and paid for it from the town’s BB&T bank account via checks signed by her.  The defendant took these actions without the knowledge or consent of town officials.

Mickens also fraudulently used a Lowe’s credit card maintained by the Town of Clinchco, without the knowledge or consent of town officials, to charge $662 from the Lowe’s store in Wise, Virginia to obtain materials for her personal home.

The investigation of the case was conducted by Federal Bureau of Investigation and the Virginia State Police.  Russell County Commonwealth’s Attorney and Special Assistant United States Attorney Brian Patton prosecuted the case for the United States.

ROANOKE, VIRGINIA – U.S. Attorney John P. Fishwick Jr. announced today that there is insufficient evidence to pursue federal criminal civil rights charges against South Boston Police Officers Tiffany Bratton, Travis Clay and Clinton Mann for the death of Linwood Raymond Lambert Jr. on May 4, 2013.

Officials from the U.S. Attorney’s Office of the Western District of Virginia, the Justice Department’s Civil Rights Division and the FBI notified members of Lambert’s family today to inform them of this decision.

Federal authorities conducted an independent review of all the information obtained during the states’ investigation into Lambert’s death.  This information included the rearview and outward facing dashboard cameras from the officers’ patrol cars, surveillance camera footage from the hospital, witness interview reports, evidence pertaining to the use of tasers, the depositions and expert witness materials in the civil litigation and the medical examiner’s report and amended report.

The team of experienced federal prosecutors and FBI agents considered whether officers Bratton, Clay and Mann violated federal law by willfully using unreasonable force against Lambert.  Under the applicable federal criminal civil rights statute, prosecutors would be required to establish, beyond a reasonable doubt, that a law enforcement officer, or in this case officers, willfully deprived an individual of a constitutional right.  To establish willfulness, federal authorities would be required to show that the officers acted with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law.  Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.  In this case, all the information obtained during the state’s investigation was reviewed by federal authorities.

Evidence showed that on May 4, 2013, officers Bratton, Clay and Mann responded to a call of a disturbance at a South Boston motel and encountered Lambert.  His behavior included incoherent speech and apparent hallucinations.  The officers decided not to arrest Lambert but, instead, to transport him to the hospital.  Upon arrival at the hospital’s emergency room entrance, Lambert raised his feet and kicked out the glass of the rear passenger door of the police car that he was traveling in and ran from the vehicle, with his hands cuffed behind his back. Lambert violently collided, shoulder first, with the ER entrance door.  Officers followed him and immediately tased him.  The officers tased im several more times and physically struggled with Lambert as he resisted their efforts to apply leg restraints and failed to comply with their commands.  The officers then raised Lambert to his feet and escorted him to a patrol car.  While in the backseat, Lambert mumbled incoherently, rocked his body in all directions, remained conscious with his eyes open, and banged his head against the interior of the car. After he slouched in the backseat and raised his legs, and failed to respond to the officers’ commands to stop doing so, the officers, fearing he would again kick out the windows of the patrol car, used their tasers in an attempt to compel compliance.  When that failed, the officers pushed Lambert in a seated position and fastened the seat belt.  When they arrived at the jail sally port, Officer Clay discovered that Lambert was unresponsive in the backseat.  Although the officers initiated CPR, Lambert was pronounced dead shortly thereafter.

In this case, there is no reliable evidence to contradict the assertion that the officers tased Lambert at the hospital door for a legitimate law enforcement purpose, namely to gain control of an individual they perceived as non-compliant and behaving erratically.  Similarly, there is no reliable evidence to contradict the assertion that the officers tased Lambert in the patrol car in order to prevent him from causing further damage to the vehicle and to gain his compliance to transport him to jail.

Based on a careful and thorough review, the team of federal prosecutors and FBI agents determined that there was insufficient evidence to prove, beyond a reasonable doubt, that officers Bratton, Clay and Mann acted willfully with a bad purpose to violate federal law.  Accordingly, the federal review of this incident has been closed without prosecution.  This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the incident that led to Lambert’s death.

The U.S. Attorney’s Office, the Civil Rights Division and the FBI are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated.  The department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.

ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the indictment of a Vinton man on a pair of fraud charge related to this alleged theft of funds from the Social Security Administration.

Robert Wozniak, 48, of Vinton, Va., was indicted under seal last week by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Roanoke. That indictment was unsealed this morning when the defendant made his initial court appearance in federal court.

The grand jury has charged Wozniak with one count of theft of government property and one count of social security fraud. The indicted claims that from July 2015 through April 2016 the defendant stole Social Security Administration funds, namely retirement benefit payments, intended for Wozniak’s deceased grandmother, for which he was not entitled. The indictment specifically claims that Wozniak intentionally concealed his grandmother’s death in order to continue to receive and spend the retirement benefit payments made by the Social Security Admiration to his grandmother.  

The investigation of the case was conducted by the Department of Health and Human Services, the Social Security Administration and the Bedford County Sheriff’s Office.  Assistant United States Attorney Charlene R. Day will prosecute the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt.  The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

ABINGDON, VIRGINIA – Four Southwest Virginia residents pled guilty in recent weeks in Federal Court to charges related to the manufacturing of methamphetamine, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.

Dana Lynn Vanmeter, 44, of Glade Spring, Virginia, pled guilty on August 4, 2016, to one count of conspiring to manufacture methamphetamine, one count of using or maintaining a place for the purpose of manufacturing, distributing, and using methamphetamine, and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present.

April Darlene Fields, 37, of Glade Spring, Virginia, pled guilty on September 19, 2016, to one count of conspiring to manufacture methamphetamine and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present.

John Steven Fields, 40, of Abingdon, Virginia, and Shauna Danielle Davie, 25, of Meadowview, Virginia, both plead guilty in July 2016 to one count each of conspiring to manufacture methamphetamine.  

“Manufacturing methamphetamine is an inherently dangerous process and creates a significant risk of harm to our communities.  Our office takes these cases very seriously, particularly where children are present or reside, and will continue to vigorously prosecute these offenses,” United States Attorney John P. Fishwick Jr. said today. “We will continue to work with our partners in law enforcement to slow the spread of this deadly drug throughout Virginia.”

“Methamphetamine is a highly dangerous, addictive drug that can and has caused tremendous destruction in families across Virginia,” stated Virginia Attorney General Mark R. Herring.  “We are doing everything in our power to educate the public about the dangers of this drug and prosecute those that manufacture and bring it into our state, endangering the safety of our children and communities.  Public safety is our number one priority.”     

Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Town of Damascus Police Department, and the Drug Enforcement Administration.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.