Southern District of West Virginia

Jeffrey Kesterson had more than 600 images of child pornography on two computers

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that a Parkersburg pedophile faces up to 10 years in prison after pleading guilty today to a federal child pornography offense. Jeffrey E. Kesterson, 54, pleaded guilty to possession of child pornography today before Chief United States District Judge Robert C. Chambers in Huntington.  On November 16, 2011, Kesterson possessed on his computers more than 600 pictures and videos of children having sex or performing sexual acts.

The child pornography was found on two of Kesterson’s computers after he downloaded it from the Internet.  Kesterson received and shared child pornography using a peer-to-peer file sharing program called LimeWire, which allows Internet users to download files from other people’s computers around the world.

Kesterson is scheduled to be sentenced on November 18, 2013.

The West Virginia Internet Crimes Against Children Task Force and the Parkersburg Police Department conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Matthew Brock illegally used a government-issued credit card to purchase thousands worth of fuel; sold an associate diesel belonging to Guard facility in Red House

HUNTINGTON, W.Va. – A former program manager pleaded guilty today in federal court in connection with a theft scheme that took thousands of dollars’ worth of diesel fuel from a military facility located in Putnam County, announced U.S. Attorney Booth Goodwin.  Matthew Todd Brock, 42, of Hurricane, W.Va., pleaded guilty to theft of government property before United States District Judge Robert C. Chambers in Huntington. 

Brock, who was hired in September 2010 as the program manager for the Naval Special Warfare Command (NSW) program in Red House, began using a government-issued credit card to make illegal fuel purchases.  Beginning in February 2012 and continuing through March 2012, Brock illegally used the credit card to put fuel into his personal vehicle and family members’ vehicles.  In total, Brock made approximately $5,619 in illegal fuel purchases using the credit card. 

Additionally, beginning in May 2012, Brock began stealing diesel fuel from the NSW Ops Stock program in Red House and later sold the fuel to an acquaintance for $1 per gallon.  Brock sold the stolen diesel fuel once or twice per week for approximately eight months.  Over that time period, Brock illegally sold a total of nearly $15,000 in diesel fuel that he stole from the facility.

The NSW, a component of the U.S. Navy, contracted with the West Virginia National Guard to run its Operational Stock (Ops Stock) program to store and maintain equipment for naval operations at the Guard’s Combined Support Maintenance Shop facility in Red House.  The equipment maintained by the National Guard as part of the Ops Stock program used diesel fuel. 

In a related matter, Charles Raymond Franklin, 59, of Red House, W.Va., was charged in July in a three-count indictment for conspiring to steal and receive public property and conspiring to receive stolen government property.  Franklin is alleged to have knowingly received approximately 196 gallons of diesel fuel that was stolen from the National Guard’s Combined Support Maintenance Shop on February 15, 2013. 

Franklin faces up to five years on the receiving stolen property charge and up to 10 years in prison on each charge of conspiring to receive stolen government property, if convicted.  Franklin also faces a $250,000 fine on each count.   

Brock faces up to 20 years in federal prison and a $500,000 fine when he is sentenced on November 18, 2013.   

The investigation was conducted by the FBI.  Assistant United States Attorney Blaire Malkin is in charge of the prosecution.

Mingo County Commissioner Arrested for Extortion in Separate Case

CHARLESTON, W.Va. – Mingo County Circuit Judge Michael Thornsbury and County Commissioner David Baisden have been arrested on separate federal criminal charges, U.S. Attorney Booth Goodwin announced today. Thornsbury is charged with conspiring to have a romantic rival illegally arrested and manipulating a state grand jury to pursue criminal charges against the same romantic rival. Baisden is charged with using his office to illegally extort a discount from a Mingo County tire store. The charges against the officials are separate and were revealed in two different federal grand jury indictments unsealed today. This press release reflects allegations made in those indictments.

The Indictment of Judge Thornsbury

Judge Thornsbury is charged with conspiring to violate the constitutional rights of a victim identified as “R.W.,” who was the husband of Thornsbury’s secretary. In early 2008, the indictment alleges, Thornsbury began a romantic relationship with his secretary, identified as “K.W.,” which she broke off in June of that year. After K.W. ended the relationship, Thornsbury instructed a co-conspirator to plant illegal drugs underneath R.W.’s pickup truck and then arranged for police to stop R.W. and search for the drugs. The co-conspirator tasked with planting the drugs backed out of the plan at the last minute, thwarting Thornsbury’s scheme.

Thornsbury then tried a different approach, the indictment alleges. R.W. worked at a coal preparation plant, where newly mined coal was processed before shipping. One of the plant’s functions was to remove scrap metal that had fallen into the coal during mining. Thornsbury learned that R.W.’s supervisors had given him permission to salvage scrap items, including drill bits, that were found amid coal at the plant, which were simply discarded if R.W. did not collect them.

Thornsbury secretly instructed a West Virginia state trooper to file a criminal complaint that falsely alleged R.W. was stealing the scrap material from his employer. The trooper resisted, telling Thornsbury that R.W. was allowed to salvage the scrap, but ultimately yielded to Thornsbury’s demands, filing a false criminal complaint that led to R.W.’s arrest for grand larceny in December 2008.

In January 2009, a new Mingo County grand jury was empanelled, and Thornsbury decided to use it to pursue his campaign against R.W. As the county’s sole circuit judge, Thornsbury was empowered to choose the foreperson of the new grand jury. He selected Jarrod Fletcher, Mingo County’s Director of Homeland Security and Emergency Management, with whom Thornsbury co-owned a commercial real estate business and a wine shop.

By installing Fletcher as grand jury foreperson, Thornsbury was able to secretly co-opt the grand jury’s authority and use it to victimize R.W. In January 2009, Thornsbury created a set of purported grand jury subpoenas that ordered various local companies, including R.W.’s employer, to surrender private documents concerning R.W. He had Fletcher sign these purported subpoenas and send them out in the name of the grand jury. Thornsbury planned to ultimately use the grand jury to charge R.W. criminally.
In March 2009, one of the recipients of Thornsbury’s so-called subpoenas, identified in the indictment as “DBC, Inc.,” asked for more time to respond. Thornsbury entered a court order denying that request, without disclosing that he himself had ghostwritten the subpoena or that he was disqualified from any participation in the criminal case against R.W.

Most of the companies targeted by Thornsbury’s subpoenas handed over the documents demanded, believing that the subpoenas were legitimate. DBC, Inc., however, waged a legal battle against the subpoena it received and eventually discovered the deep business ties between Thornsbury and Fletcher. When DBC, Inc., publicly revealed those ties in a court filing, Thornsbury was forced to abandon his plan to use the grand jury against R.W.

Several years later, in 2012, R.W. was involved in an argument outside a convenience store with two other men. One of the men took a swing at R.W., and the other one drew a gun. The police were called, and the two other men were charged with assault.

Nearly a month after the altercation, however, the charges against the two other men were dismissed and R.W. was charged with assault and battery. Thornsbury, through a messenger, told the county prosecutor to ensure that R.W. received a sentence of six months’ confinement, an extraordinarily harsh punishment even if R.W. had been guilty. Prosecutors in turn offered R.W. a plea agreement that would have confined him for six months. R.W. refused it, and on the eve of trial, the prosecutor dismissed the case, stating that after reviewing the evidence against R.W., he believed the prosecution was not in the interest of justice.
The indictment charges Thornsbury with conspiring to violate R.W.’s right against unreasonable arrest, guaranteed by the Fourth Amendment to the U.S. Constitution, and his right not to be deprived of his liberty without due process of law, guaranteed by the Fourteenth Amendment. The indictment also charges that Thornsbury conspired against the companies targeted by the purported grand jury subpoena, specifically, against their Fourteenth Amendment right not to be deprived of their property without due process of law.

Thornsbury, 57, has served as Mingo County’s sole circuit judge since 1997.

The Indictment Against County Commissioner Baisden

County Commissioner David Baisden is charged with attempted extortion against Appalachian Tire. According to the indictment against him, in June 2009, Baisden demanded that Appalachian Tire sell him a set of tires for his personal automobile at a special discounted price available only for government vehicles. When Appalachian Tire refused, Baisden threatened to cut off Appalachian’s county business if he did not get the discount. At the time, Baisden was the Mingo County Commission’s purchasing agent, giving him authority to choose where the county bought tires, and the commission bought thousands of dollars’ worth of tires from Appalachian every year.

Despite the threat, Appalachian refused to give Baisden the special price he demanded. In retaliation, Baisden terminated the commission’s business relationship with Appalachian Tire and switched to a different tire supplier. Since June 2009, Appalachian Tire has lost tens of thousands of dollars in business as a result of Baisden’s reprisal.

Baisden, 66, has been a member of the Mingo County Commission since 2009. Prior to his election as a county commissioner, he was Mingo County’s assessor.

The Federal Bureau of Investigation and the West Virginia State Police are conducting the investigation.

Counsel to the United States Attorney Steven Ruby is in charge of the prosecution.

An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

Click here to view a copy of the Thornsbury indictment

Click here to view a copy of the Baisden indictment

Couple received thousands of pain pills by mail from Florida; deposited more than $300,000 in bank as payment

BECKLEY, W.Va. – A Wyoming County couple was sentenced to a total of 17 years in federal prison for conspiracy to distribute oxycodone and money laundering charges, announced U.S. Attorney Booth Goodwin.  Christopher Brooks, 36, was sentenced to ten years in prison.  Brooks’ co-defendant and wife Jennifer Brooks, 29, both of Glen Fork, Wyoming County, was sentenced to seven years in prison.  The sentences were handed down today by United States District Judge Irene C. Berger in Beckley.  Both defendants previously pleaded guilty in February. 

From at least March 2010 until April 27, 2012, Mr. and Ms. Brooks received packages by mail containing oxycodone from a known individual located in Tampa, Fla. Mr. and Ms. Brooks received at least 130 express mail packages containing approximately 17,000 30-milligram oxycodone tablets between October 15, 2010 and April 27, 2012.  Mr. and Ms. Brooks deposited at least $300,000 cash into bank accounts that were owned and controlled by a known individual in exchange for the oxycodone tablets.

In a related matter, Keith Keiffer, 32, of Calvin, Nicholas County, was sentenced last month to four years in federal prison for his role in an oxycodone distribution and money laundering scheme.  During the scheme, Keiffer received at least 15 express mail packages that contained a total of approximately 1,400 30-milligram oxycodone tablets from an individual located in Tampa, Fla. In exchange for the oxycodone tablets, Keiffer deposited at least $30,000 into bank accounts that were owned and controlled by his pill source of supply.

The Southern Regional Drug and Violent Crime Task Force, the U.S. Postal Inspection Service, the Internal Revenue Service - Criminal Investigation, the Drug Enforcement Administration and the Wyoming County Sheriff’s Department conducted the investigations.  Assistant United States Attorney Haley Bunn handled the prosecutions. 

The cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON – A Charleston man pleaded guilty in federal court to possession of a stolen firearm, announced U.S. Attorney Booth Goodwin.   Brian M. Smith, 30, illegally purchased a Kel Tec 9-millimeter pistol from a person on December 2, 2009.  Smith pleaded guilty today before United States District Judge Thomas E. Johnston in Charleston.

Smith purchased the firearm in exchange for $100. The illegal firearm transaction took place at Smith’s Charleston residence.  Smith knew or had reasonable cause to believe that the pistol was stolen.  On December 3, 2009, Smith was approached by law enforcement officers at an automotive parts store located in Charleston.  Police conducted a search of Smith and found the 9-millimeter pistol on his person.     

Smith was previously convicted of three counts of burglary in October 2005 in the Circuit Court of Kanawha County.  He did not have his rights to possess a firearm restored. 
Smith faces up to 10 years in prison and a $250,000 fine when he is sentenced in November. 

The investigation was conducted by the Charleston Police Department, with assistance by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Erik S. Goes is in charge of the prosecution. 

This case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Company involved in scheme to bilk BrickStreet Mutual Insurance out of millions in insurance premiums also structured over $2 million in cash out of Bank of Mingo

CHARLESTON, W.Va. – An information was filed today alleging that a Williamson employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), structured cash withdrawals from the company’s bank accounts held at the Bank of Mingo.   In March 2013, Aracoma’s principals, Jerome Edward Russell, 50, of Williamson, W.Va., and Frelin R. Workman, 58, of Belfry, KY, pled guilty to their involvement in an honest services mail fraud scheme to defraud BrickStreet Mutual Insurance (BrickStreet) of insurance premiums and tax evasion.  Today’s charges, filed against the corporation, allege that Aracoma generated the cash to bribe the BrickStreet auditor, Arville Sargent, 52, of Chapmanville, and pay employees cash wages was generated by structuring monies from accounts held at Bank of Mingo.  “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).  

Acting on behalf of Aracoma, Russell and Workman formed a longstanding relationship with the Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch.  From January 2009 through April 2012, Aracoma, through its representatives including Russell and Workman, structured at least $2.2 million out of Bank of Mingo. Russell and Workman also enlisted the assistance of a number of individuals who agreed to appear at the Williamson branch of Bank of Mingo and cash cashier’s checks. 

The cash from the bank withdrawals was later brought back to Aracoma’s office to be used to pay cash payroll. 

During the scheme, Aracoma sent advance forms to the Williamson branch of Bank of Mingo prior to the structured cash withdrawals, so the bank could prepare the cash ahead of time.  Bank of Mingo would then prepare cashier’s checks in the names of the identified individual or individuals and pre-count the requested cash.  When an individual or individuals from Aracoma appeared at a Bank of Mingo teller window, a bank representative presented them with the cashier’s check in the individual’s name.  The check was immediately endorsed and the individual was given the pre-counted cash. 

Despite numerous occasions when multiple individuals appeared at the same teller window at the Williamson branch of Bank of Mingo to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file a currency transaction report, as required by law. 
An investigation determined that the cash structured out of Bank of Mingo by Aracoma was used to pay the company’s payroll in cash, therefore avoiding the payment of employment taxes and also to make bribe payments to a former BrickStreet field auditor, Arville Sargent. 

Sargent, 52, of Chapmanville, previously pleaded guilty in March to honest services mail fraud and tax evasion.  As a field auditor, Sargent purposely allowed four “employee leasing” companies, including Aracoma, to falsify documents drastically understating their actual payroll.  In exchange for saving those policyholders millions of dollars in insurance premiums rightfully owed to BrickStreeet, Sargent accepted hundreds of thousands of dollars in cash bribes and other things of value, including a Yamaha Rhino all-terrain vehicle.

Russell and Workman each face up to 25 years in prison and a $500,000 fine when they are sentenced on August 22, 2013. 

Sargent faces up to 25 years in prison and a $500,000 fine when he is sentenced on August 28, 2013.

The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations.  This investigation was also handled in coordination with the United States Attorney’s Office for the Western District of Virginia and the IRS’s local Abingdon, Virginia Resident Agency. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions. 

Longtime drug dealer assaulted W.Va. State Trooper during January 2012 traffic stop

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that an Ohio man pleaded guilty to federal charges in connection with a multi-year marijuana distribution conspiracy.  Robin Earl Slater, 51, of Langsville, Ohio, pleaded guilty to four federal charges: conspiracy to distribute 100 kilograms or more of marijuana; possession of firearms in furtherance of a marijuana conspiracy; convicted felon in possession of firearms; and obstruction of justice.  

Slater admitted today that he conspired to distribute over 100 kilograms of marijuana by supplying the drug to lower-level dealers in Putnam and Kanawha counties, as well as out of state. 

On January 23, 2012, a West Virginia State Trooper followed Slater into a store parking lot after observing the defendant commit several traffic violations in St. Albans, W.Va.  During an attempt to flee, Slater bit the police officer on the arm and pepper sprayed him.  Slater was arrested a short time after the violent altercation.  Following Slater’s arrest, police recovered $24,515, six firearms and drug ledgers from his vehicle. 

U.S. Attorney Goodwin said, “We owe it to our law enforcement officers to do everything we can to protect them on the job.  We’ve seen too many tragic, senseless law enforcement deaths in situations just like this:  routine encounters that suddenly turn violent.” Goodwin continued, “Law enforcement officers risk their lives every day to keep the rest of us safe. I will spare no effort in prosecuting anyone who attacks them.”

Slater told police that the money he had was from individuals to whom he had supplied marijuana.  Slater also admitted that he possessed firearms to protect himself and the proceeds of his drug activity.
Slater faces a mandatory minimum of 15 years in prison and up to life in prison when he is sentenced on November 18, 2013 by Chief United States District Judge Robert C. Chambers.

Slater has two prior felony drug convictions related to the distribution of marijuana.   

This case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

The West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Steven Loew is in charge of the prosecution.

Operation Coal Dust found 10 sex offenders out of compliance

LOGAN COUNTY, W.Va. – A major two-day law enforcement blitz aimed at verifying compliance of more than 200 registered sex offenders currently residing in three southern West Virginia counties resulted in numerous arrests, U.S. Attorney Booth Goodwin, U.S. Marshal John D. Foster, and West Virginia State Police Superintendent Col. Jay Smithers announced today during a press conference in Chapmanville, W.Va.

The initiative, known as Operation Coal Dust, is a multi-agency law enforcement effort targeting registered sex offenders to determine individual compliance with the Sex Offender Registration and Notification Act, also known as SORNA. Led by the U.S. Marshals Service’s Cops United Felony Fugitive Enforcement Division (CUFFED), Operation Coal Dust targeted 209 registered sex offenders and found a total of 10 individuals out of compliance within the Southern District of West Virginia during compliance checks conducted by law enforcement on Tuesday and Wednesday (Aug. 6-7) of this week. 

U.S. Attorney Booth Goodwin said, “Registering as a sex offender is not optional.  It’s not something that offenders can simply put on the back burner or casually get around to completing whenever they feel like it.  It’s mandatory.” Goodwin continued, “I’ve made prosecuting sex offenders who violate federal registration requirements one of my office’s top priorities.  Today I want to reiterate that message: If you are out of compliance, we will track you down and we will bring you to justice.”    

Operation Coal Dust was initiated by West Virginia State Police members based in Boone, Lincoln and Logan counties, along with the U.S. Marshals Service’s CUFFED Division.  The two-day law enforcement sweep targeted Boone, Lincoln and Logan counties.  Out of the 209 compliance checks performed in those specific counties, three arrests were made by police with more likely to come.     

“One registered sex offender out of compliance is one too many,” U.S. Marshal John Foster said.  “The U.S. Marshals Service is thoroughly committed to tracking down fugitives who attempt to sidestep the law.”

West Virginia State Police Superintendent Col. Jay Smithers said, “Efforts like Operation Coal Dust are extremely important.  This particular undertaking is another tool that law enforcement has used to reinforce our commitment to safe communities throughout southern West Virginia.”

In December, a similar law enforcement sweep known as Operation River Cities was initiated in Cabell, Mingo and Wayne counties.  As a result of the 299 compliance checks conducted as part of Operation River Cities, 18 arrests were made by law enforcement.

The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.

Police seize hundreds of thousands in cash, firearms from Lester’s Wyoming residences

BECKLEY – A 55-year-old pill dealer who illegally sold prescription painkillers in Wyoming County pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin. Delbert Lester, of McGraws, Wyoming Co., W.Va., entered a guilty plea to possession of oxycodone with intent to distribute before United States District Judge Irene C. Berger in Beckley.  From January 11, 2011 through May 4, 2013, Lester illegally sold prescription pills to a confidential informant working in cooperation with law enforcement authorities on eight separate occasions.  Lester, who maintained two residences in McGraws, W.Va., lived at one residence and conducted illegal pill transactions at the other.

On May 9, 2013, law enforcement agents executed search warrants on Lester’s two residences.  During the searches, agents recovered 190 30-milligram oxycodone pills and 155 10-milligram oxycodone pills.  Agents also recovered a total of $570,000 in cash and several firearms including two loaded .22 caliber semi-automatic pistols.       

Lester faces up to 20 years in prison when he is sentenced on December 4, 2013. 

According to his plea agreement, Lester will forfeit the $570,000 in illegal drug proceeds that was seized from his residence.

The investigation was conducted by the Southern Regional Drug and Violent Crime Task Force, with assistance from the Internal Revenue Service.  Assistant United States Attorney Haley Bunn is in charge of the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

BLUEFIELD, W.Va. – A Fayette County fugitive pedophile who failed to appear for a May 2012 sentencing hearing on a child pornography charge was sentenced today to the statutory maximum of 10 years in federal prison, announced U.S. Attorney Booth Goodwin. Brett David Bowyer, 34, of Scarbro, W.Va., previously pleaded guilty to possession of child pornography in October 2011.  Bowyer’s sentencing was handed down today by Senior United States District Judge David A. Faber in Bluefield. 

On September 17, 2010, Bowyer possessed on his computer more than 600 pictures and videos of children having sex or performing sexual acts. Bowyer received and shared child pornography using a peer-to-peer file sharing program called LimeWire, which allows Internet users to download files from other people’s computers around the world.

U.S. Attorney Goodwin said, “Cases involving the exploitation of innocent children are so critical.  My office will continue to work diligently to make sure that pedophiles like Mr. Bowyer are locked up where they belong.”

Bowyer was originally scheduled to be sentenced on May 30, 2012 in Bluefield, but failed to appear as required by the conditions of his release.  On June 12, 2013, Bowyer was arrested in Florida after being stopped for failing to change lanes for a Brevard County Sheriff’s deputy whose vehicle had its emergency lights flashing.

Bowyer was indicted on June 18 by a federal grand jury sitting in Huntington for failing to appear for his May 2012 sentencing hearing.  He faces up to an additional five years in prison and a $250,000 fine if convicted.

The United States Marshals Service conducted the investigation.  Assistant United States Attorney Lisa Johnston handled the prosecution.  

This case was prosecuted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Sheriff Miles Slack Secretly Intercepted Communications from Ex-Wife’s Supreme Court Computer, Federal Prosecutors Say

CHARLESTON, W. Va. – U.S. Attorney Booth Goodwin today charged Clay County Sheriff Miles J. “Mike” Slack with illegal wiretapping, a federal felony that can carry up to five years in prison. In a criminal case filed this afternoon, Goodwin charged Sheriff Slack with surreptitiously installing a keystroke logger on a computer belonging to the Supreme Court of Appeals of West Virginia.

According to court documents, the compromised computer was a government computer assigned to Slack’s then wife, identified as “Victim L.S.,” who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court, and are connected to a central Supreme Court computer network.

Sheriff Slack installed the hidden device in late April of this year, said Goodwin and Steven Ruby, the assistant federal prosecutor who signed today’s charge, and it remained in place for over two weeks, intercepting messages and data transmitted from L.S.’s Supreme Court computer.

Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including email and information transmitted to Internet sites.

Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.

Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.

In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78% of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.

Slack was charged in a court filing known as an information, which ordinarily indicates that a defendant is cooperating with prosecutors. No hearing date has been set.

The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being handled by Steven Ruby and Haley Bunn, prosecutors in Goodwin’s office.

Note: The charge contained in an Information is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the information

BECKLEY, W.Va. – A Raleigh County man who admitted to having an addiction to the powerful prescription painkiller oxycodone was sentenced today to one year and nine months in federal prison for illegal possession of a firearm, announced United States Attorney Booth Goodwin.  James David Morris, 34, of Eccles, W.Va., previously pleaded guilty in April to being an unlawful drug user in possession of a firearm.  On March 28, 2012, Morris possessed a .45 caliber pistol near Harper, Raleigh County.  Morris told police that at the time he possessed the firearm, he was an unlawful user of and addicted to oxycodone.  Police also recovered eight additional firearms that were located at Morris’ residence.     

The West Virginia State Police and the FBI conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger. 

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.

This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Wyoming man admits possessing child pornography, sentenced to 4 ½ years in federal prison

BECKLEY, W.Va. – “Another pedophile has logged off the Internet and will be heading to prison,” U.S. Attorney Booth Goodwin announced, in the wake of a Wyoming County man’s sentencing on a federal child pornography charge. David Walter Martin Jr., 40, of Pineville, was sentenced to four and a half years in prison.  The sentence was handed down by United States District Judge Irene C. Berger in Beckley.  Martin previously pleaded guilty in March to possession of child pornography.  Martin collected more than 600 pictures and videos of children having sex or performing sexual acts. The child pornography was found on Martin’s computer after he downloaded it from the Internet.

U.S. Attorney Booth Goodwin said, “Pedophiles like Mr. Martin who download and trade images of child pornography over the Internet are exploiting innocent children, plain and simple.  My initiative to combat these despicable acts of child sexual abuse will continue.”

The Mullens Police Department, the Wyoming County Sheriff’s Department, and the West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Lisa Johnston handled the prosecution. 

This case was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

BLUEFIELD, W.Va. – Seven residents from Mercer, McDowell and Wyoming counties and one Virginia resident pleaded guilty in federal court this week in connection with an illegal prescription drug distribution conspiracy, announced U.S. Attorney Booth Goodwin.  The charges against each defendant were brought as part of the Bluefield Pill Initiative, a concerted attack by federal, state, and local government on the illegal distribution of prescription drugs in the southern region of West Virginia.  The initiative was announced by U.S. Attorney Goodwin in June 2011.

The following defendants pleaded guilty today, August 1, to using a telephone to commit a drug crime: Eric Lee Flack, 34, of Bluefield; Lori Megan Falls, 29, of Princeton; Kathy Burchett, 38, of Welch, McDowell County; and, Eric M. Tiller, 41, of Princeton. The telephone calls that were made by each defendant involved the distribution of oxycodone.

The following defendant pleaded guilty on Wednesday, July 31, to using a telephone to commit a drug crime: Anthony Lee Madison, 23, of Bluefield, Va.  The telephone call that was made by the defendant also involved the distribution of oxycodone.

The following defendants pleaded guilty on Tuesday, July 30, to using a telephone to commit a drug crime: Danny Lee Decker, 42, of Mullens, Wyoming County; and, Edgar Junior Ponce, 32, of Oceana, Wyoming County. Similarly, the telephone calls that were made by each defendant involved the distribution of oxycodone.

Each defendant faces up to four years in federal prison when they are sentenced in December.   

Also, Aaron O. Gamble, 30, of Princeton, Mercer County, W.Va., pleaded guilty on Monday, July 29, to distribution of oxycodone.  In September 2012, Gamble distributed oxycodone to a confidential informant working in cooperation with the Southern Regional Drug and Violent Crime Task Force.

Gamble faces up to 20 years in federal prison when he is sentenced in December.   

The Bluefield Pill Initiative is a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties.  The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments. 

CHARLESTON – A former network engineer at Charleston-based EnerVest Operating was indicted by a federal grand jury sitting in Charleston on Tuesday for allegedly causing extensive damage to the company’s computer system in June 2012, announced U.S. Attorney Booth Goodwin. Ricky Joe Mitchell, 34, of Mableton, GA, was charged with recklessly damaging a protected computer.  The alleged damage led to widespread computer network issues and resulted in more than $1 million in losses to EnerVest. 

The indictment alleges that on June 26, 2012, Mitchell, who knowingly accessed a protected computer without authorization, erased backup information, and disabled a data replication process designed to transmit backup data that was stored in Houston, Texas.  Mitchell is also alleged to have deleted all of the company’s phone system accounts, extensions, and accounting data. 

As a result of the alleged acts, employees at EnerVest Operating were unable to fully communicate or conduct business operations from approximately June 26, 2012 through July 27, 2012.   

Mitchell faces up to 15 years in prison and a $500,000 fine if convicted.   

The U.S. Secret Service conducted the investigation.  United States Attorney Goodwin is handling the prosecution.  

U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010.  Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty

Click here to view a copy of the indictment

Thousands of dollars’ worth of diesel fuel allegedly stolen from W.Va. Guard facility in Red House

CHARLESTON – A federal grand jury sitting in Charleston indicted a Red House man on Tuesday in connection with an alleged theft scheme that took thousands of dollars’ worth of diesel fuel from a military facility located in Putnam County, announced U.S. Attorney Booth Goodwin.  Charles Raymond Franklin, 59, of Red House, W.Va., was charged in a three-count indictment with conspiracy to steal and receive public property and conspiring to receive stolen government property. 

The indictment alleges that on February 15, 2013, Franklin knowingly received approximately 196 gallons of diesel fuel that was stolen from the West Virginia National Guard’s Combined Support Maintenance Shop located in Red House. 

The Naval Special Warfare Command (NSW), a component of the U.S. Navy, contracted with the West Virginia National Guard to run its Operational Stock (Ops Stock) program that stored and maintained equipment for naval operations at the facility in Red House.  The heavy equipment that was maintained by the Guard as part of the Ops Stock program used diesel fuel. 

The indictment further alleges that on February 19, 2013, Franklin received approximately 194 gallons of diesel fuel that was also stolen from the facility in Red House.  Franklin allegedly purchased the stolen diesel fuel at a greatly discounted rate from an individual known to the grand jury.

Franklin faces up to five years on the receiving stolen property charge and up to 10 years in prison on each charge of conspiring to receive stolen government property, if convicted.  Franklin also faces a $250,000 fine on each count.   

The investigation was conducted by the FBI.  Assistant United States Attorney Blaire Malkin is in charge of the prosecution. 

Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty

Click here to view a copy of the indictment

CHARLESTON – A Nicholas County woman faces up to 20 years in prison after pleading guilty today in connection with a methamphetamine manufacturing conspiracy, announced U.S. Attorney Booth Goodwin.  Rachel Petrey, 32, pleaded guilty to conspiracy to manufacture methamphetamine before U.S. District Judge John T. Cophenhaver, Jr.

From August 2010 until February 2011, Petrey manufactured methamphetamine using a technique known as the “shake and bake” method.  Petrey manufactured methamphetamine at various residences in and around Nicholas County.  During the scheme, Petrey also taught several associates including Felicia Bess, 23, of Summersville, how to cook methamphetamine.  Petrey also provided user amounts of methamphetamine to several associates in exchange for their assistance in obtaining meth-making materials.  

Bess was previously sentenced in February to three years in federal prison for manufacturing methamphetamine.

Petrey is scheduled to be sentenced on October 9, 2013.  

The U.S. Forestry Service, the Central West Virginia Drug Task Force, the West Virginia State Police, the Nicholas County Sheriff’s Department and the Richwood Police Department conducted the investigation.  Assistant United States Attorney John Frail is in charge of the prosecution.

CHARLESTON – A Charleston pill dealer who illegally possessed a firearm in January 2013 pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin.  Anthony Dawson, Jr., 30, entered a guilty plea to being a felon in possession of a firearm before U.S. District Judge John T. Copenhaver, Jr. On January 3, Dawson possessed a 9-millimeter pistol and later pawned the firearm near Dunbar, W.Va., in exchange for $400.   

Dawson was previously convicted of conspiracy to deliver oxycodone in June 2009 in the Circuit Court of Kanawha County.  The defendant did not have his rights to possess a firearm restored. 

Dawson faces up to 10 years in prison and a $250,000 fine when he is sentenced on October 29, 2013.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.

This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

This case is also being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Police seize several items including a car, guns, hundreds of prescription pills, and $17,000 in cash during a search

HUNTINGTON – An Ohio pill dealer who sold hundreds of dollars’ worth of powerful prescription painkillers in March 2010 was sentenced today to two years in federal prison, announced U.S. Attorney Booth Goodwin.  Wesley Alan Wood, 32, formerly of Proctorville, Ohio, previously pleaded guilty in April to distribution of oxycodone.  In March 2010, Wood met a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) at a predetermined location in Hurricane, W.Va. to complete a pill transaction.  After meeting in the parking lot of a Wal-Mart store located in Hurricane, W.Va., the police informant entered the defendant’s vehicle and rode with Wood, and his wife, Kristina Wood, to a nearby Budget Inn Motel to complete the pill transaction.  Wood later sold 85 80-milligram oxycodone tablets to the informant while the two were inside of a rented motel room. 
Following the transaction, Kristina Wood drove the defendant and the informant back to the Wal-Mart parking lot.  Wesley Wood repeatedly asked the informant where he had parked his vehicle.  After failing to locate the informant’s vehicle, Wood sat a 9-millimeter pistol in his lap and told the informant to “get the [expletive] out of my car.”  Wood and his wife then exited the Wal-Mart parking lot and were stopped by police.  During a search of Wood’s vehicle, officers seized the defendant’s pistol, 71 80-milligram oxycodone tablets and 14 40-milligram oxycodone tablets. 

Officers also executed a search warrant on the defendant’s Proctorville residence.  During the search, officers recovered two pistols, various prescription medications including 300 80-milligram oxycodone tablets, 166 7.5-milligram hydrocodone tablets, and, $17,453.  Police also seized a 2000 Lincoln Town Car that was previously purchased by Wood.  Wood told police that the car was purchased using illegal drug proceeds.   

The investigation was conducted by MDENT, the Drug Enforcement Administration and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – An Ohio man was sentenced today to eight years and one month in federal prison for possession of crack cocaine with intent to distribute, announced U.S. Attorney Booth Goodwin.  Shawn Delane Harris, also known as “Pops,” 44, of Springfield, OH, previously pleaded guilty in November 2012.  On March 18, 2010, members of the Huntington Police Department conducted a traffic stop of the defendant’s vehicle on Virginia Avenue in Huntington.  Harris, who was driving on a suspended license at the time, was arrested after a police search revealed marijuana and crack cocaine on his person. The crack cocaine was submitted to the West Virginia State Police Laboratory for testing and proved to be crack cocaine weighing 9.42 grams. 

Harris is responsible for distributing a total of 1.34 kilograms of crack cocaine in and around Huntington.    
The Huntington Police Department conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers.   

BLUEFIELD, W. Va. – A Mercer County man who falsified mandatory mine safety reports while employed at several West Virginia mining operations pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin. Craig Belcher, 36, of Bluefield, W.Va., pleaded guilty to providing a false statement, representation and certification in a Mine Safety and Health Administration (MSHA) document. 

In January 2009, Belcher was hired to work as an underground mine foreman at Spartan Mining Company’s Road Fork No. 51 mine located in Wyoming County.  Also in February 2009, Belcher was hired to perform mine foreman duties at Frasure Creek’s Mine No. 15 located in Fayette County.  Belcher also performed similar foreman duties in May 2009 at Pay Car’s Mine No. 58 in McDowell County, and, in July 2010 at Double Bonus’s Mine No. 65 in Wyoming County.

Between January 27, 2009 and July 13, 2010, Belcher signed pre-shift and on-shift reports which indicated that he had properly examined particular sections at each mine.  Belcher was not certified as a foreman when he completed the mine reports.  Belcher also falsified information on pre-shift and on-shift reports by using foreman’s numbers that did not belong to him.  

Belcher faces up to five years in prison and a $250,000 fine when he is sentenced on December 2, 2013 by Senior United States District Judge David A. Faber.

The investigation was conducted by MSHA.  Assistant United States Attorney Blaire Malkin is in charge of the prosecution.  

Vernon Browning funded and organized more than two dozen trips to Georgia to get painkillers to sell

HUNTINGTON, W.Va. – An automotive shop technician who led a scheme to obtain prescription painkiller pills from Atlanta and later had them brought back to Huntington to sell was sentenced today to five years and ten months in federal prison, announced U.S. Attorney Booth Goodwin.  Vernon Browning, 45, of South Point, OH, previously pleaded guilty in April to distribution of oxycodone.  Browning began funding and organizing dozens of trips to Atlanta to obtain oxycodone and oxymorphone pills in 2008. 

The pills were later brought back to the Little Garage on the Corner automotive shop in Huntington where Browning and his associates stored and illegally sold the pills. 

U.S. Attorney Booth Goodwin said, “Mr. Browning evidently wasn’t just fixing cars; he was fueling an illegal pill trafficking enterprise.” Goodwin continued, “Fighting the pill epidemic has been my office’s leading priority. Pill dealers will be caught and they will be prosecuted.” 

In March 2012, Browning sold 18 30-milligram oxymorphone pills to a confidential informant working for the Huntington Drug and Violent Crime Task Force in exchange for $990.  The illegal pill transaction took place at the garage. 

During the scheme, Browning rented vehicles for the trips to Atlanta and helped associates obtain driver’s licenses in an effort to get legitimate prescriptions from Georgia doctors.  Also, between January 2012 and July 2012, Browning rented hotel rooms on 32 different occasions and typically paid for the room rentals in cash. 

On February 24, 2012, law enforcement agents conducted a controlled purchase of two oxymorphone pills from Browning.  The transaction took place at Browning’s South Point residence.  On March 3, 2013, Browning rented a vehicle and traveled to Georgia to obtain pain pills.  After obtaining the pills, Browning shipped the 240 30-milligram oxycodone pills from Georgia to his South Point residence.  The shipment of pills was intercepted by police.    

The Huntington Violent Crime and Drug Task Force conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

BECKLEY, W.Va. – An Ohio man who possessed a loaded pistol and powerful prescription pain pills in January 2013 pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin.  Thomas William Dyer, Jr., 56, of Bloomingburg, Ohio, entered a guilty plea to carrying a firearm during and in relation to a drug trafficking crime before U.S. District Judge Irene C. Berger. On January 20, Dyer possessed a loaded .38 caliber pistol and oxycodone pills at a residence located near New Richmond, Wyoming County, W.Va. 

Dyer was arrested following a controlled drug buy that took place in and around New Richmond.  During a search, police also found a total of six firearms and 130 oxycodone pills at a residence located near New Richmond. 

Dyer faces a mandatory minimum of five years and up to life in prison when he is sentenced on November 14, 2013.

The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution.

This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

This case is also being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

FEDERAL PRISON TIME FOR SELLING OXYCODONE IN BECKLEY

BECKLEY, W.Va. – A 27-year-old pill dealer was sentenced today to one year in federal prison for selling oxycodone in Beckley, announced U.S. Attorney Booth Goodwin. Carlos McMillion, of Beckley, previously pleaded guilty in March to distribution of oxycodone. On November 9, 2012, McMillion sold oxycodone pills to a confidential informant working in cooperation with law enforcement authorities.  The illegal pill transaction took place near Beckley. 

The Beckley Police Department conducted the investigation.  Assistant United States Attorney Miller Bushong handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

BECKLEY, W.Va. – A Beckley pill dealer was sentenced today to five years and three months in federal prison for illegally distributing the powerful prescription painkiller oxycodone, announced U.S. Attorney Booth Goodwin. Leondus A. Whittenburg II, also known as “Leondis Wilson,” 31, previously pleaded guilty in March to possession of oxycodone with intent to deliver. On October 24, 2012, Whittenburg sold oxycodone pills to a confidential informant working in cooperation with law enforcement authorities.  The illegal pill transaction took place near Beckley. 

The Beckley Police Department conducted the investigation.  Assistant United States Attorney Miller Bushong handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Keith Keiffer received packages containing thousands of powerful painkiller pills by mail from Fla.; deposited at least $30,000 in bank as payment for pills 

CHARLESTON, W.Va. – A Nicholas County pill dealer was sentenced today to four years in federal prison in connection with an oxycodone distribution and money laundering scheme, announced U.S. Attorney Booth Goodwin.  Keith Keiffer, 32, of Calvin, Nicholas County, W.Va., previously pleaded guilty in February to conspiracy to distribute oxycodone and conspiracy to commit money laundering.  From at least August 31, 2011 until April 27, 2012, Keiffer received at least 15 express mail packages that contained a total of approximately 1,400 30-milligram oxycodone tablets from an individual located in Tampa, Fla. In exchange for the oxycodone tablets, Keiffer deposited cash into bank accounts that were owned and controlled by his pill source of supply.  Keiffer deposited at least $30,000 in cash payments in exchange for the oxycodone tablets.  Additionally, between June 2011 and February 2012, Keiffer received several hand-delivered packages that contained a total of approximately 4,150 oxycodone tablets from an individual who made trips to West Virginia from Florida.      

The West Virginia State Police Bureau of Criminal Investigations, the U.S. Postal Inspection Service, Internal Revenue Service - Criminal Investigation, and the Drug Enforcement Administration conducted the investigation.  Assistant United States Attorney Haley Bunn handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger.   

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

McCoy stole more than $500,000 from Chase; created unauthorized cashier’s checks to purchase a Cadillac SUV and a ’68 Chevy Camaro

CHARLESTON, W.Va. –A former Charleston-based J.P. Morgan Chase Bank (“Chase Bank”) executive was sentenced today to three years in federal prison for embezzlement, announced United States Attorney Booth Goodwin.   Mark Alan McCoy, 46, of Charleston, previously pleaded guilty in March to embezzlement by a bank officer.  McCoy, who was employed as the Charleston branch vice president of private client banking services from September 2008 until June 2012, embezzled more than $500,000 from the bank. 

“Bankers are given a special position of trust,” said U.S. Attorney Booth Goodwin. “To abuse that trust is unconscionable.”

Goodwin continued, “It’s a crime not only against the bank, but against the customers who counted on this defendant to keep their money safe and sound. The sentencing of Mr. McCoy shows that bank embezzlement has real consequences.”

From November 30, 2009, and continuing until April 19, 2012, McCoy stole monies belonging to Chase Bank from approximately nine separate personal and corporate bank clients’ accounts.  During the scheme, McCoy created cashier’s checks for himself or would use the proceeds from the original cashier’s checks to create additional unauthorized checks.  On January 19, 2011, McCoy created an unauthorized cashier’s check from a client’s corporate bank account for $59,000, and made the check payable to Moses automotive dealership.  McCoy used the fraudulent cashier’s check to purchase a Cadillac Escalade.  Similarly, on October 19, 2011, McCoy created an unauthorized cashier’s check from a client account for $22,000.  McCoy caused that check to be deposited into another client’s account, using the funds for the purchase of a 1968 Chevrolet Camaro. 

In total, McCoy admitted that he took approximately $532,395.59 of monies from Chase Bank.  The actual loss to Chase Bank, after accounting for funds that the defendant deposited into client accounts and other funds that the bank was able to recover, is $447,784.45.      

At sentencing, the Court ordered the defendant to pay $447,784.45 in restitution.  

The investigation was conducted by the U.S. Secret Service.  Assistant United States Attorney Meredith George Thomas handled the prosecution.  The sentence was imposed by United States District Judge Irene Berger.   

Matthew Wiggins allegedly viewed images of child pornography during public library visit

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Wood County man was indicted by a federal grand jury sitting in Charleston for a child pornography offense. Matthew John Wiggins, 40, of Parkersburg, W.Va., was charged with access with intent to view child pornography.  The single-count indictment alleges that on January 17, 2013, Wiggins viewed images of child pornography from a computer that was located inside of the Parkersburg & Wood County Public Library.

Wiggins faces a mandatory minimum of 10 years and up to 20 years in prison because of his previous conviction in the United States District Court for the Southern District of West Virginia for possession of child pornography.

The West Virginia Internet Crimes Against Children Task Force and the Parkersburg Police Department conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

The indictment was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Detroit couple was convicted on July 11 by a federal jury sitting in Charleston on oxycodone distribution conspiracy charges.  Ciara Dawkins, also known as “C,” 27, was found guilty on two counts of an indictment: conspiracy to distribute oxycodone and oxymorphone, also known as “Opana,” and being aided and abetted by another person while in possession of oxymorphone with intent to distribute.  Also found guilty by a federal jury was Dawkins’ co-defendant, Mack Brooks, 41, of conspiracy to distribute oxycodone and oxymorphone. 

Evidence at trial proved that from in or about October 2009 until February 3, 2012, Dawkins and Brooks knowingly distributed oxycodone and oxymorphone in and around Kanawha, Lincoln and Boone counties.  Trial evidence further revealed that on February 3, 2012, Dawkins, aided and abetted by another person, distributed oxymorphone at or near Mineral Wells, W.Va.   Evidence presented at trial also proved that during the conspiracy, Brooks ran the illegal pill distribution scheme while he was incarcerated at the Noble Correctional Institution, located in Caldwell, Ohio.

Dawkins and Brooks each face up to 20 years in prison when they are sentenced on November 4, 2013 by United States District Judge Thomas E. Johnston.

The Drug Enforcement Administration conducted the investigation.  Assistant United States Attorneys John Frail and Gregory McVey handled the prosecution. 

The matters were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Raleigh County man was indicted on July 9 by a federal grand jury sitting in Beckley on illegal firearm possession charges. Cameron Martin Taylor, 24, of Shady Spring, Raleigh Co., W.Va., was charged with being a felon in possession of a firearm and possession of a stolen firearm.  According to a two-count indictment, on April 24, 2013, Taylor allegedly possessed an AR-50 rifle near White Oak, Raleigh Co., W.Va.  The indictment also alleges that Taylor knew and had reasonable cause to believe that the firearm he possessed at the time was stolen.   

Taylor was previously convicted of grand larceny, daytime burglary, and nighttime burglary in April 2010 in the Circuit Court of Raleigh County.  He did not have his rights to possess a firearm restored.
Taylor faces up to 10 years in prison on each count if convicted. 

The investigation was conducted by the West Virginia State Police.  Assistant United States Attorney John File is in charge of the prosecution. 

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a 60-year-old Mercer County man was indicted on July 9 by a federal grand jury sitting in Beckley for a child pornography offense. Johnny Richard Rowe, of Bluewell, W.Va., was charged with possession of child pornography.  The single-count indictment alleges that on June 19, 2013, Rowe possessed hundreds of images and videos of child pornography on his computer. 

Rowe faces up to 20 years in prison and a $250,000 fine if convicted.

The West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

The indictment was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

Huntington man admits receiving child pornography, pleads guilty to federal crime

HUNTINGTON, W.Va. – “We’ve taken another pedophile off the Internet,” U.S. Attorney Booth Goodwin announced, in the wake of a Huntington man’s federal guilty plea on a child pornography charge. Raymond Eugene Leake, 34, pleaded guilty on July 8 to receiving child pornography before United States District Judge Robert C. Chambers in Huntington. Leake collected more than 600 pictures and videos of children having sex or performing sexual acts. The child pornography was found on Leake’s computer after he downloaded it from the Internet.  On or about January 13, 2013, Leake sent at least one image of child pornography to another pedophile over the Internet.  

U.S. Attorney Booth Goodwin said, “Pedophiles like Mr. Leake who download and trade images of child pornography over the Internet are perpetuating crimes that involve the exploitation of innocent children.  I will be relentless in prosecuting them.”

Leake faces a mandatory minimum of five years and up to 20 years in prison.  Leake also faces a $250,000 fine when he is sentenced on October 7, 2013. 

The West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Jennifer Rada is in charge of the prosecution. 

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

CHARLESTON, W.Va. – A man who drove an acquaintance from Detroit to Charleston in July 2011 in connection with an oxycodone scheme pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Terry Martin, 20, of Detroit, pleaded guilty in federal court in Charleston to aiding and abetting the possession of oxycodone with intent to distribute.  On July 8, 2011, Martin drove an acquaintance from Detroit to Charleston.  Martin knew that the acquaintance possessed oxycodone at the time and intended to deliver it to a third individual who was located in the Charleston area.  Following their arrival to Charleston, Martin and the associate were arrested.  Police later seized a total of 59 30-milligram oxycodone pills that were hidden on the associate’s person. 

Martin faces up to 20 years in federal prison when he is sentenced on October 17, 2013 by United States District Judge Thomas E. Johnston. 

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation.  Assistant United States Attorney John Frail is in charge of the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON, W.Va. – A Charleston woman with ties to a Detroit pill supplier pleaded guilty today to a federal oxycodone charge, announced U.S. Attorney Booth Goodwin.  Christy Stevens, 31, pleaded guilty in federal court in Charleston to conspiracy to distribute oxycodone.  On July 6, 2011, police conducted a traffic stop of Stevens’ vehicle.  During a search of the vehicle, officers observed a large amount of cash inside Stevens’ purse.  Stevens agreed to provide a statement to police regarding the source of the cash.  After being advised of her Miranda rights, Stevens told police that the $8,000 in her purse was proceeds from illegal pill transactions.

Stevens also told police that for eight months, she received oxycodone pills from a source of supply located in Detroit. Stevens later sold the 30-milligram oxycodone pills in and around Charleston and also took a portion of the pills for her personal use.   

Stevens faces up to 20 years in federal prison when she is sentenced on October 17, 2013 by United States District Judge Thomas E. Johnston. 

The Metropolitan Drug Enforcement Network Team conducted the investigation.  Assistant United States Attorney John Frail is in charge of the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Curry fired a .40 caliber pistol during attempt to escape police custody

CHARLESTON, W.Va. – A Parkersburg man faces a mandatory minimum of 10 years to life in prison after pleading guilty today to federal drug and firearm charges.  Richard Curry Jr, also known as “Cheese” and “Curtus Javon McDonald,” 31, pleaded guilty to possession with intent to distribute cocaine and discharging a firearm during a drug trafficking crime.  On May 3, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from Curry. Police observed Curry, who was driving a tan Hummer SUV, pull into the parking lot of the informant’s Charleston apartment complex.  Curry later entered the informant’s residence where he was immediately grabbed by police.  Curry, who began resisting arrest, fired a single shot from a Taurus .40 caliber pistol that he had hidden inside of his jacket.  No one was injured as a result of the shooting.  Police determined that the bullet entered into the floor of the residence.

A short time later, officers placed Curry under arrest.  Police conducted a search of the defendant and found a package wrapped in electrical tape hidden on Curry’s person.  The package contained cocaine weighing 1211 grams.  

Police also obtained a search warrant for the defendant’s Hummer SUV.  During a search of the vehicle, officers found 68 grams of crack cocaine and 73 grams of cocaine.  Officers performed a check of the vehicle’s registration and determined that it had been registered to Curtus Javon McDonald. 

On May 6, 2013, Curry appeared before United States Magistrate Judge Dwayne L. Tinsley, for an initial appearance on a criminal complaint that was filed against him.  During the hearing, Curry represented to the Court that his name was Curtus Javon McDonald.  However, after a fingerprint scan was performed on the defendant by the United States Marshals Service, his true identity was determined to be that of Richard L. Curry Jr.  

Curry is responsible for distributing cocaine to a confidential informant on at least six other occasions.  During the drug transactions, Curry distributed half-kilogram quantities of cocaine in exchange for cash. 

Curry faces up to 20 years on Count One (cocaine possession charge) and a consecutive mandatory minimum of 10 years to life in prison on Count Two (use of firearm charge) when he is sentenced on October 21, 2013 by United States District Judge Thomas E. Johnston.

The investigation was conducted by MDENT and the DEA.  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. 

George Michael Puskas II admits having sexual relationship with a minor

CHARLESTON, W.Va. – A 31-year-old former police officer pleaded guilty today to possession of child pornography, announced U.S. Attorney Booth Goodwin. George Michael Puskas II, of Ripley, entered into a guilty plea in federal court in Charleston. 

Puskas established a sexual relationship with a then 16-year-old minor in March 2010. At the time of the relationship, Puskas produced images and a video of the minor having sex or performing sex acts.  Puskas produced a video of child pornography using a police department-issued digital camera.  Puskas also used a cellphone to create images of child pornography. On September 7, 2011, Puskas possessed between 10 and 150 images of child pornography.         

Puskas was employed as a police officer with the Ripley Police Department from June 2008 until May 2012.  The defendant was an officer with the department at the time of the child pornography violation. Puskas resigned from the Ripley Police Department in May 2012. 

U.S. Attorney Booth Goodwin said, “Mr. Puskas swore an oath to protect and serve the community.  He obviously failed to uphold that oath.  Pedophiles like Mr. Puskas must be held accountable when they commit disgraceful crimes like this one.”

On April 6, 2012, the West Virginia Internet Crimes Against Children Task Force executed a federal search warrant and seized a computer, a flash drive, and other items that Puskas used to produce child pornography.  Puskas told police that he produced and possessed images of child pornography. 

Puskas also told police that he maintained a relationship with the minor up until the time the individual turned 18 years old.  On September 14, 2011, Puskas sent the individual an image that showed the two of them having sex.  

Puskas faces up to 10 years in prison and a $250,000 fine when he is sentenced on October 1, 2013 by United States District Judge John T. Copenhaver, Jr.

The West Virginia Internet Crimes Against Children Task Force conducted the investigation.   Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

This case was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

HUNTINGTON, W.Va. – A Detroit drug dealer who stored firearms, illegal narcotics and cash at his Huntington residence in October 2011 was sentenced on July 1 to three years and one month in prison, announced U.S. Attorney Booth Goodwin.  Dwjuan Strickland, also known as “Freak” and “Mitch,” 37, of Detroit, previously pleaded guilty in April to possession with intent to distribute heroin and crack cocaine.  On October 14, 2011, members of the Huntington Violent Crime and Drug Task Force conducted a search of the defendant’s 24th Street residence in Huntington, which he shared at the time with convicted felon Lawanna D. Hamlin.  During the execution of the search warrant, law enforcement seized items that included 9.52 grams of crack cocaine, .45 grams of heroin, three digital scales, two .40 caliber pistols, and approximately $577 cash. 

Prior to executing a search warrant on the defendant’s residence, law enforcement agents conducted several controlled heroin buys from Strickland and Hamlin.     

Hamlin, 34, of Huntington, was previously sentenced in July 2012 to 2½ years in federal prison for her role in a heroin distribution scheme led by Strickland.

The Huntington Violent Crime and Drug Task Force conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers.   

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

CHARLESTON, W.Va. – A Charleston man who possessed a total of more than $20,000 in cash and nearly a half-kilogram of cocaine inside of his residence entered a guilty plea today to a federal drug charge.  Jason McGhee, 35, pleaded guilty to possession with intent to distribute cocaine.  On April 24, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from McGhee. The police informant later arrived at McGhee’s residence and gave the defendant $2400 in pre-recorded buy money to fulfill a previous drug debt.  A short time later, McGhee handed the informant five ounces of suspected cocaine.  Afterward, the informant submitted the suspected cocaine to law enforcement agents.  The suspected cocaine was field tested by law enforcement and proved to be 146 grams of cocaine. 

Following the controlled drug transaction between McGhee and the informant, police executed a search warrant on the defendant’s residence.  During the search, officers found the $2400 in pre-recorded currency that was used during the controlled drug transaction, along with an additional $17,800 in cash, two sets of digital scales and approximately 499 grams of cocaine. 

In total, McGhee is responsible for distributing a total of at least two kilograms but less than 3.5 kilograms of cocaine. 

McGhee faces up to 20 years in prison and a $1 million fine when he is sentenced on October 16, 2013 by United States District Judge Thomas E. Johnston.

The investigation was conducted by MDENT and the Drug Enforcement Administration (DEA).  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. 

Maynard is accused in the April 2013 shooting death of Mingo County Sheriff Eugene Crum

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Tennis Maynard, 37, of Delbarton, Mingo County, W.Va., has been indicted by a federal grand jury sitting in Charleston with possession of a firearm by an individual who had been committed to a mental institution and making a false statement in acquisition of a firearm.  Maynard is accused in the April 2013 shooting death of Mingo County Sheriff Eugene Crum. 

U.S. Attorney Booth Goodwin said, “My office remains thoroughly committed to keeping guns out of the hands of individuals who cannot legally have them.”

According to the 10-count indictment, Maynard allegedly made a false statement on a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 (or Form 4473) on five separate occasions. 

The indictment also alleges that Maynard possessed a firearm on five separate occasions.  At all of the times the defendant allegedly possessed a firearm, he had previously been committed to a mental institution. 

Maynard faces up to 75 years in prison if he is convicted. 

The investigation is being conducted by the ATF.  Assistant United States Attorney Steven Loew is in charge of the prosecution. 

A Form 4473 is a form that an individual must complete when a firearm is purchased from a federally licensed firearms dealer.  Making a false statement on this form is a felony.  

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

Phillips-Ellis stole thousands in federal program aid money

BECKLEY, W.Va. – A former Town of Pineville official was sentenced on June 25 to a year and a half in federal prison in connection with an embezzlement scheme that siphoned a total of more than $80,000 in federal aid intended to support the town’s school safety initiative and a McDowell County housing organization, announced U.S. Attorney Booth Goodwin.  Brandee Denise Phillips-Ellis, 30, of Pineville, W.Va., previously pleaded guilty in March to theft concerning programs receiving federal funds.  Between March 2009 and December 27, 2011, Phillips-Ellis embezzled federal funds during her employment as the city manager and recorder for the Town of Pineville. 

U.S. Attorney Booth Goodwin said, “It’s inexcusable when people abuse a position of trust to line their pockets with money that was intended to support two essentials of a strong community: housing and schools.”  Goodwin continued, “Criminals who steal from public coffers are not only breaking the law---they’re hurting communities that count on every dollar to provide and maintain services for their citizens.” 

During January 1, 2010 and December 31, 2010, the Town of Pineville received approximately $10,000 in funding under the Safe Routes to School Program, a federal aid program administered by the United States Department of Transportation’s Federal Highway Administration. 

Phillips-Ellis illegally took twelve Town of Pineville checks totaling $14,649.83 to pay her husband’s personal credit card bills.  The defendant also wrote and cashed reimbursement checks from the Town of Pineville’s accounts and took $3,295.56 for her personal use.   Additionally, Phillips-Ellis wrote eleven Town of Pineville payroll checks to herself, totaling $20,427.50.  Phillips-Ellis also cashed a Town of Pineville check for $4,569.58 and used the proceeds in connection with the purchase of a personal vehicle.

Phillips-Ellis told investigators that during her employment at SAFE Housing and Economic Development, Inc. (SHED) in McDowell County, she falsified documents in order to receive $36,380 in payments as a vendor that she was not entitled to receive.  Phillips-Ellis was a full-time employee at SHED from about April 2006 through May 2009.  Phillips-Ellis also worked part-time for the organization from May 2009 until December 2011.  SHED is a non-profit organization that provides housing opportunities to low income first-time homebuyers.

In total, Phillips-Ellis admitted that she embezzled a combined total of $80,489.96 from the Town of Pineville and SHED.

The Court ordered the defendant to pay restitution in the amount of $80,489.96. 

The investigation was conducted by the West Virginia Commission on Special Investigations.  Assistant United States Attorney Eumi Choi handled the prosecution.  

This case was prosecuted as part of U.S. Attorney Goodwin’s Small Business Protection Initiative.  U.S. Attorney Booth Goodwin announced the Small Business Protection Initiative in November 2010. 

Francesco Gulino was arrested in April in Raleigh Co. on drug charges

CHARLESTON, W. Va. – An Italian national was indicted on June 25 by a federal grand jury sitting in Charleston on a federal charge, announced United States Attorney Booth Goodwin.  Francesco Gulino, also known as “Frank Gulino,” 43, of Italy, was indicted for reentry of an illegal alien.  Gulino was previously convicted in May 2009 in the Court of Common Pleas, Cuyahoga County, Ohio of attempted felonious assault.  Gulino was later deported on or about April 20, 2011. 

On April 20, 2013, Gulino was arrested by police in Raleigh County, W.Va., for possession with intent to deliver a controlled substance. Gulino had not obtained approval of the Secretary of Homeland Security to reapply for admission to the United States. 

Gulino faces up to 20 years in prison if he is convicted.  

The U.S. Immigration and Customs Enforcement conducted the investigation.  Assistant United States Attorney Erik S. Goes is handling the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Note:The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

CHARLESTON, W.Va. – A Charleston man who illegally possessed a firearm was sentenced on June 25 to one year and three months in federal prison, announced U.S. Attorney Booth Goodwin.  Clyde Anderson, Jr., also known as “Smokey,” 33, previously pleaded guilty in March to possession of a firearm by an unlawful user of a controlled substance.  On January 4, 2013, members of the Charleston Police Department’s Special Enforcement Unit observed Anderson enter a vehicle outside of Shar’s Bar, located on Charleston’s West Side.  A short time later, Anderson exited the vehicle.  Police officers patrolling the area conducted a traffic stop on the vehicle.  During a search of the vehicle, police found crack cocaine. 

Following the search, police approached Anderson to question his involvement.  Police ordered Anderson to get on the ground after he made an attempt to flee. As the defendant made his way to the ground, a firearm fell out of his waistband.  Anderson was placed under arrest. 

Anderson told police that he had been using crack cocaine on or about the time of his arrest. 

The investigation was conducted by the Charleston Police Department’s Special Enforcement Unit.  Assistant United States Attorney Haley Bunn handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr. 

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

BLUEFIELD, W.Va. – A Charleston man was sentenced on June 25 to 18 years in federal prison for distribution of crack cocaine, announced U.S. Attorney Booth Goodwin.  James T. Washington, 35, of Charleston, previously pleaded guilty in November 2012.  The sentence was handed down by Senior United States District Judge David A. Faber in federal court in Bluefield.  On July 31, 2012, Washington sold .69 grams of crack cocaine to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $100.  The illegal transaction took place in Charleston.  Also, on August 7, 2012, Washington met an informant at a predetermined location in Charleston and sold the informant 1.01 grams of crack cocaine in exchange for $200. 

On August 12, 2012, officers conducted a traffic stop of a vehicle that was occupied by Washington and an associate.  During the traffic stop, a police dog gave a positive indication of the presence of drugs.  Police searched the vehicle and found 241 grams of crack cocaine hidden inside of the center console.  Washington had obtained the crack cocaine the previous day and admitted that he intended to sell it. 

The investigation was conducted by MDENT.  Assistant United States Attorney Monica D. Coleman handled the prosecution. 

Jerry Lowe leased a rental housing unit to Huntington pill dealers currently serving prison sentences for drug felonies

HUNTINGTON, W.Va. – A Huntington landlord who accepted illegal drugs as payment for monthly rent fees was sentenced today to three years and 10 months in prison on federal oxycodone charges, announced U.S. Attorney Booth Goodwin.  Jerry A. Lowe, 46, previously pleaded guilty in March to distribution of oxycodone.  On March 16, 2012, Lowe sold three 30-milligram oxycodone tablets in exchange for $90.  Lowe previously leased a rental housing unit to convicted felons Rafael Cee-Erwin Solomon, 31, of Detroit and Shawna Danielle Lee, 26, of Huntington.  Lowe told police that he typically received heroin or prescription painkillers from Solomon and Lee as payment for monthly rent.  Lowe also purchased oxycodone pills from another resident at the Highlawn Avenue apartment complex.  In addition, Lowe sold at least 10 “Norco” brand oxycodone pills once a month.  Lowe sold the oxycodone pills for approximately two years. 

Solomon was previously sentenced in December 2012 to 11 years and three months in federal prison for conspiracy to distribute cocaine, crack cocaine, oxycodone, and oxymorphone.  Danielle Lee was previously sentenced in September 2012 to one year and six months in federal prison for maintaining a residence for the purpose of distributing crack cocaine, cocaine, oxycodone and oxymorphone.
On June 13, 2012, law enforcement officers conducted a traffic stop of Lowe’s vehicle.  During the stop, officers found Lowe in possession of 1.1 grams of heroin. 

The Huntington Violent Crimes and Drug Task Force conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

MDENT agents found prescription painkillers and firearms including an AR-15 rifle at Rand residence

CHARLESTON, W.Va. – A Kanawha County man who possessed hundreds of prescription painkiller pills, five firearms and thousands in cash inside of his residence in June 2012 was sentenced today to five years in federal prison, U.S. Attorney Booth Goodwin announced.  Terrico L. Straughter, 23, of Rand, Kanawha County, W.Va., previously pleaded guilty in March to possession with intent to distribute oxycodone.  On June 13, 2012, members of the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant on the defendant’s Rand residence.  During the execution of the search warrant, police found approximately 999 30-milligram oxycodone pills and 43 grams of crack cocaine inside of the residence.  Law enforcement agents also found a total of five firearms that included a loaded pistol on top of a night stand, and an AR-15 assault rifle that was located in a bedroom closet. Police also found 26 10-milligram hydrocodone pills, marijuana, and $12,747 inside of the residence. 

The investigation was conducted by MDENT.  Assistant United States Attorney Monica D. Coleman handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – A Detroit woman who left a Huntington Greyhound bus station in October 2009 in possession of prescription painkillers was sentenced today to one year and one day in federal prison, announced U.S. Attorney Booth Goodwin.  Brittany Wesley-Taylor, 21, previously pleaded guilty in March to possession with intent to distribute oxycodone.  On or about October 15, 2009, Wesley-Taylor traveled by Greyhound bus from Detroit to Huntington, W.Va. in possession of oxycodone pills.  After arriving in Huntington, Wesley-Taylor exited the bus terminal carrying pills that were hidden on her person.  As Wesley-Taylor walked toward an awaiting vehicle that was parked on 4th Avenue in Huntington, she was approached by police. 

During a conversation with police, Wesley-Taylor informed law enforcement that she had prescription pills hidden on her person.  The defendant later removed a condom that contained 90 80-milligram oxycodone tablets from her person.  Wesley-Taylor told police that she obtained the oxycodone pills from a source of supply in Detroit and brought the pills to Huntington to deliver to an associate.   
Wesley-Taylor told police that she transported oxycodone from Detroit to Huntington on at least four separate occasions.  Wesley-Taylor is responsible for possessing a total of at least 570 80-milligram oxycodone tablets.   

The Drug Enforcement Administration and the Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON, W.Va. – A Wyoming County man was indicted on June 18 by a federal grand jury sitting in Huntington in connection with illegal prescription painkiller distribution and firearm possession offenses, U.S. Attorney Booth Goodwin announced. According to a 10-count indictment, Delbert Lester, 55, of McGraws, Wyoming Co., W.Va., allegedly sold oxycodone on eight separate occasions beginning on January 1, 2011 until May 4, 2013, near McGraws, W.Va.  The indictment also alleges that on May 9, 2013, Lester possessed oxycodone with intent to distribute.  Lester also allegedly possessed two loaded .22 caliber pistols in furtherance of a drug trafficking crime on May 9, 2013. 

Lester faces up to 20 years in prison on each drug charge and up to five years in prison on the firearm charge if convicted. 

The investigation was conducted by the Southern Regional Drug and Violent Crime Task Force.  Assistant United States Attorney Haley Bunn is in charge of the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

The case is also being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Michigan man was indicted on June 18 by a federal grand jury sitting in Huntington on illegal firearm possession charges. According to an indictment, Deandrew Fizer III, 23, of Romulus, Michigan, allegedly possessed a .45 caliber pistol on June 7, 2013, near Huntington, W.Va. 

Fizer was previously convicted in June 2010 in the Third Judicial Circuit Court of Wayne County, Michigan of felonious assault.  He did not have his rights to possess a firearm restored.

Fizer faces up to 10 years in prison if convicted. 

The investigation was conducted by the ATF and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution. 

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

  

CHARLESTON, W. Va. – A Fayette County man who previously pleaded guilty to possession of child pornography charges was indicted on June 18 by a federal grand jury sitting in Huntington for allegedly failing to appear for a May 2012 sentencing hearing, announced U.S. Attorney Booth Goodwin. Brett David Bowyer, 34, of Scarbro, Fayette County, W.Va., was charged with one count of failing to appear for sentencing as required by the conditions of his release. 

Bowyer failed to appear for sentencing that was scheduled for May 30, 2012 in Bluefield, Mercer County, W.Va.  Bowyer previously pleaded guilty in October 2011 to possession of child pornography. 
On June 12, 2013, Bowyer was arrested in Florida after being stopped for failing to change lanes for a Brevard County Sheriff’s deputy whose vehicle had its emergency lights flashing.

Bowyer faces up to an additional five years in prison and a $250,000 fine if convicted of the charge contained in the indictment.   

The United States Marshals Service conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution.  

This case is being prosecuted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty

Click here to view a copy of the indictment

CHARLESTON, W.Va. – A Cabell County man was indicted on June 18 by a federal grand jury sitting in Huntington on drug charges. According to a single-count indictment, Eric Lavell Minter, 28, of Huntington, allegedly possessed oxycodone with intent to distribute on May 20, 2013. 

Minter faces up to 20 years in prison if convicted. 

The investigation was conducted by the DEA and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution. 

The matter is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment