FEDERAL DISTRICT ARCHIVE
Southern District of West Virginia
Press releases recorded for this federal judicial district.
Beckley Man Sentenced to More than 13 Years in Prison for Fentanyl Crime and Violating Supervised ReleaseRead the Press Release
BECKLEY, W.Va. – Leon Eugene Smith Jr., 43, of Beckley, was sentenced today to 13 years and five months in prison, to be followed by three years of supervised release, for distribution of a fentanyl and violating his supervised release
According to court documents and statements made in court, on December 15, 2023, Smith sold a controlled substance containing fentanyl to a confidential informant in the Lenark area of Raleigh County. Smith admitted to the transaction and further admitted to selling controlled substances containing fentanyl to a confidential informant on three occasions between December 19, 2023, and January 3, 2024, all in the Lenark area.
On January 8, 2024, law enforcement officers executed a search warrant at Smith’s residence. Officers found fentanyl, marijuana, a pill bottle containing oxycodone, a pill bottle containing black tar heroin, three cell phones, a security system, $1,170 and scales, money counters, vacuum sealers, and other items of drug paraphernalia. Officers also found six long guns, two pistols, a 50-round drum magazine, a 30-round drum magazine, two 30-round rifle magazines and assorted ammunition. Smith admitted to possessing the firearms, magazines and ammunition and further admitted that the drug paraphernalia items were used in the distribution of fentanyl.
At the time of this offense, Smith was serving a term of federal supervised release for a prior conviction. Today’s prison sentence includes 10 months for committing a crime while on supervised release.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Beckley/Raleigh County Drug and Violent Crime Unit consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-22.
Kanawha County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Joseph Daniel Skeens, 35, of St. Albans, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on November 17, 2023, Skeens sold approximately 2.5 grams of methamphetamine to a confidential informant in exchange for a new Rigid impact wrench that was still in its original packaging.
Skeens admitted to the transaction and further admitted to at least three additional transactions from October 2, 2023, through November 22, 2023, during which he distributed fentanyl and methamphetamine in exchange for money or items of value such as tools and groceries that were shoplifted at his direction. The transaction occurred at or near Skeens’ residence in St. Albans.
These transactions by Skeens also included the sale of 3.46 grams of fentanyl in exchange for $50 on October 2, 2023, the sale of 1.34 grams of methamphetamine in exchange for a Rigid rotary power hammer on November 18, 2023, and approximately 1 grams of methamphetamine in exchange for approximately $100 worth of groceries on November 22, 2023. Each transaction was with a confidential informant.
Skeens is scheduled to be sentenced on January 9, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department and the assistance provided by the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-200.
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Former School Counselor Sentenced to Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Cory Thomas, 33, of Charleston, was sentenced today to four years in prison, to be followed by 15 years of supervised release, for possession of prepubescent child pornography. Thomas must also register as a sex offender.
According to court documents and statements made in court, on February 7, 2024, law enforcement officers executed a search warrant at Thomas’ residence in Charleston and seized his cell phone and other electronic devices. An analysis of the electronic devices revealed at least 109 digital files of child sexual abuse material, 75 of which were videos. The videos and image files included child pornography depicting prepubescent minors subjected to sadistic or masochistic conduct and the exploitation of toddlers.
At the time of his arrest, Thomas was employed through a subcontractor as a counselor at a public elementary school and previously worked as a substitute teacher. There was no indication from the investigation that any criminal conduct occurred with students from any of Thomas’ workplaces.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-43.
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Former Charleston Physician Pleads Guilty to Federal Opioid CrimeRead the Press Release
CHARLESTON, W.Va. – Dr. Alexander V. Otellin, 57, formerly of Charleston, pleaded guilty today to the unlawful distribution of oxycodone.
According to court documents and statements made in court, on July 27, 2017, Otellin distributed a quantity of oxycodone to a patient at his psychiatry practice in South Charleston. Otellin admitted that while his specialty was psychiatry, he treated the patient for pain management. Otellin further admitted that this distribution was without a legitimate medical purpose, outside the usual course of medical practice, and without proper authority.
Otellin distributed controlled substances to the patient starting on or about February 6, 2014, until on or about July 15, 2020. During this time period, Otellin knew the patient was receiving opiates from another physician. For the first four years of this time period, Otellin did not review the patient’s medical history for substance abuse or habits or document a review of the database that tracks controlled substance prescriptions. For approximately five months during this time period, Otellin wrote prescriptions for oxycodone and other controlled substances for the patient without conducting evaluations of him.
Otellin was believed to have fled the United States to Russia in order avoid prosecution following his indictment by a federal grand jury on September 22, 2021. Otellin possesses dual citizenship in the U.S. and Russia. The U.S. Marshals Service and the U.S. Attorney’s Office for the Southern District of West Virginia worked with INTERPOL Washington to issue an Interpol Red Notice for Otellin. In September 2023, Otellin entered the country of Armenia and was arrested and detained by Armenian authorities. U.S. Marshals took custody of Otellin in Armenia and transported him back to the United States, arriving in Charleston on April 20, 2024. The Justice Department’s Office of International Affairs worked with Armenian authorities to secure the arrest and extradition of Otellin.
Otellin has surrendered his medical license with the West Virginia Board of Medicine. Otellin is scheduled to be sentenced on January 9, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG).
United States District Judge Irene C. Berger presided over the hearing. Trial Attorney Charles D. Strauss of the U.S. Department of Justice Criminal Division – Fraud Section and Assistant United States Attorneys Owen Reynolds and Andrew D. Isabell are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-159.
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Ohio Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Adrian Horton, also known as “Big Guy” and “Fat Boy,” 23, of Toledo, Ohio, pleaded guilty today to possession with intent to distribute 40 or more grams of fentanyl and a quantity of cocaine base, also known as “crack.”
According to court documents and statements made in court, on March 28, 2022, law enforcement officers executed a search warrant at a Monroe Avenue residence in Huntington where Horton was staying. Officers seized over 40 grams of fentanyl and a quantity of cocaine. Horton admitted that he possessed the seized controlled substances, intended to distribute them, and used the Huntington residence to distributed various kinds of controlled substances.
Horton is scheduled to be sentenced on December 16, 2024, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Owen Reynolds and Stephanie Taylor are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-5.
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Charleston Woman Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Alexis Nicole Davis, 26, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on June 21, 2023, Davis possessed 10 grams of fentanyl that was arranged to be sold at a Charleston gas station. When Davis arrived at the gas station, she recognized the would-be buyer was a confidential informant and the sale was not conducted. After Davis left the gas station, law enforcement officers stopped her and found the fentanyl in her purse. Davis admitted that she possessed the fentanyl and intended to distribute it to others.
Travell Lamar Johnson, 45, of Big Chimney, participated in the halted transaction and also sold quantities of fentanyl to the confidential informant on three other occasions in June 2023. Johnson was sentenced to four years and three months in prison, to be followed by three years of supervised release, on August 7, 2024, after pleading guilty to distribution of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-72.
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Charleston Woman Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Alexis Nicole Davis, 26, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on June 21, 2023, Davis possessed 10 grams of fentanyl that was arranged to be sold at a Charleston gas station. When Davis arrived at the gas station, she recognized the would-be buyer was a confidential informant and the sale was not conducted. After Davis left the gas station, law enforcement officers stopped her and found the fentanyl in her purse. Davis admitted that she possessed the fentanyl and intended to distribute it to others.
Travell Lamar Johnson, 45, of Big Chimney, participated in the halted transaction and also sold quantities of fentanyl to the confidential informant on three other occasions in June 2023. Johnson was sentenced to four years and three months in prison, to be followed by three years of supervised release, on August 7, 2024, after pleading guilty to distribution of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-72.
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Boone County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Billy Ray Castle Jr., 40, of Bim, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on July 24, 2023, Castle possessed a Beretta Pietro SPA Model APX 9mm pistol and a Sig Sauer model P250 .40-caliber pistol in the Bim area of Boone County.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Castle knew he was prohibited from possessing a firearm because of his prior felony conviction for robbery in Boone County Circuit Court on November 18, 2003.
Castle is scheduled to be sentenced on December 11, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Boone County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Troy D. Adams is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-71.
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South Charleston Man Indicted on Federal Fraud, Money Laundering and Obstruction ChargesRead the Press Release
CHARLESTON, W.Va. – A federal grand jury returned a 15-count indictment yesterday charging Theodore Miller, 34, of South Charleston, with wire fraud, money laundering, and obstruction.
The indictment alleges that, beginning as early as October 2021, Miller conceived and perpetrated two fraudulent schemes to bolster his businesses’ monthly cash flow and to pay unrelated personal and professional debts, obligations and expenses. As part of these schemes, Miller portrayed himself on social media as a wealthy and successful real estate mogul with enough disposable income to travel the world at his leisure. In reality, Miller had poor credit, thin month-to-month financial margins, was delinquent on property taxes and bills, and had defaulted on loans.
One scheme sought to defraud investors by inducing them to invest in two specific real estate projects located on Bigley Avenue in Charleston. One project proposed to rehabilitate a small residential property into a dry-storage lot, and the other proposed to develop duplex housing. Misrepresenting himself on social media as a wealthy and successful real estate investor, Miller created and shared false and misleading promotional materials for these direct investments. Between July 5, 2022, and September 8, 2022, Miller fraudulently induced several individuals to wire a total of $90,000 from California, Florida and Texas to him in Charleston for these projects. Upon receiving the investments, Miller did not proceed with either of the projects and in fact never owned any of the properties involved. Miller ceased all contact with the individuals after they began inquiring about the projects and the money they had invested.
Miller’s other scheme sought to defraud investors by inducing them to invest in “Bear Lute,” a pooled real estate investment vehicle. In or around May 2022, Miller launched Bear Lute and began directing his social media followers to invest through bearlute.com. Miller advertised Bear Lute as a way for ordinary people to invest in real estate and become wealthy and successful, like him. Miller made numerous misrepresentations through his social media posts, his website and one-on-one communications. Among other misrepresentations, Miller falsely that claimed Bear Lute generated exceptionally high and guaranteed returns, investors would receive a minimum return of 6 percent, the average investor historically received a return exceeding 20 percent, the investment was secured by income-producing real estate, and investors could request to withdraw their funds and receive them within 60 days.
Between June 30, 2022, and February 28, 2024, Miller fraudulently induced more than 100 individuals to invest in Bear Lute and obtained more than $200,000 in investor funds. The defrauded investors included two individuals who wired a total of $17,500 from Texas to Miller in Charleston. Nearly all of Miller’s representations and promises about Bear Lute were untrue, including that he owned the property pledged as security for investors. Miller posted false figures on an online investor dashboard that purported to allow investors to track and manage their investments, and ceased all communications with investors who requested withdrawals. Miller also failed to disclose to Bear Lute investors that the West Virginia Securities Commission ordered him to cease and desist operating Bear Lute.
Miller directed most of the fraudulently obtained funds from both schemes toward personal expenses, private investments, and other business expenses. These expenditures were for the benefit of Miller and an individual identified in the indictment as D.D. A resident of Charleston, D.D. was as an active participant in Miller’s businesses, held herself out as the vice president of the Miller-owned and operated Bear Industries LLC, and acted as Miller’s agent while he was outside of the United States. Miller remained outside of the United States from on or about February 12, 2022, to on or about August 8, 2024.
On or about July 20, 2022, Miller engaged in and caused others to engage in a electronic transfer of $20,000 between the bank accounts of Bear Industries LLC and another business he owned and operated, T&C Construction LLC, knowing that the property involved in the monetary transaction was criminally derived. On August 11, 2024, Miller sought to have a backpack and a cell phone destroyed, concealed or altered.
Miller is charged with 12 counts of wire fraud, one count of money laundering and two counts of obstruction. If convicted, Miller faces a maximum penalty of 20 years in prison for each wire fraud count, 10 years in prison for money fraud, and 20 years in prison for each obstruction count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia Fusion Center, the West Virginia Securities Commission, and the U.S. Securities and Exchange Commission.
Assistant United States Attorney Holly Wilson is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The U.S. Securities and Exchange Commission filed a parallel civil action yesterday against Miller, Bear Industries LLC, Bear Investments and Business Consulting LLC, and Deanna Drumm in U.S. District Court for the Southern District of West Virginia. The lawsuit alleges that Miller has engaged in the unregistered and fraudulent offer of securities related to his real estate-related investment programs since at least 2022, and that Miller’s social-media persona and businesses were all a calculated fraud to divert investor funds for his own personal benefit. The lawsuit seeks permanent injunctive relief, disgorgement of ill-gotten gains and prejudgment interest, and civil penalties.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:24-cr-145 and 2:24-cv-479.
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Ohio Man Sentenced to More than 11 Years in Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Timothy Edwin Payne Jr., 43, of Belpre, Ohio, was sentenced today to 11 years and eight months in prison, to be followed by five years of supervised release, for conspiracy to possess with intent to distribute 100 grams or more of a fentanyl analogue.
According to court documents and statements made in court, on April 4, 2022, Payne arranged for a package containing approximately 1 kilogram of a fentanyl analogue to be shipped through the United States Mail from California to an apartment in Parkersburg, West Virginia. Payne paid the apartment’s resident $1,000 to receive and hold the package for Payne.
Law enforcement officers intercepted the package before it arrived at the apartment, and replaced the fentanyl with a sham substance and a tracking device before the package was delivered to the apartment. Payne tracked the package’s delivery using his mobile phone, and went to the apartment when the package arrived there on April 8, 2022. When Payne opened the package, law enforcement officers knocked on the apartment door. Payne attempted to flee but was arrested. The intercepted package was part of a series of packages that had been shipped from California to the same apartment in Parkersburg, and those packages were also suspected to contain controlled substances.
Payne has a long criminal history that includes three prior felony convictions, including for a drug offense, and 11 misdemeanor convictions.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Postal Inspection Service, the Drug Enforcement Administration (DEA), the Parkersburg Narcotics Task Force, and the Parkersburg Police Department.
United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys Jeremy B. Wolfe and Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-108.
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Boone County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Kevin Wayne Britton, 54, of Danville, was sentenced today to one year and one day in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on September 1, 2023, Britton sold a Savage model 67F 12-gauge shotgun and a Hoban Manufacturing model 45 .22-caliber rifle for $250 to a confidential informant in the South Charleston area. Britton also sold 1,000 rounds of .22-caliber ammunition to the confidential informant the previous day.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Britton knew he was prohibited from possessing firearms because of his prior felony conviction for obstruction of justice in United States District Court for the Southern District of West Virginia on November 15, 2012.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-30.
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Beckley Woman Sentenced for Federal Theft CrimeRead the Press Release
BECKLEY, W.Va. – Jennifer Douglas, 48, of Beckley, was sentenced today to five years of federal probation and ordered to pay $168,729.13 in restitution for theft from federal programs.
According to court documents and statements made in court, in 2018, Douglas was the Chief Operating Officer (COO) of the Citizens Conservation Corp (CCC), a non-profit organization, when it obtained $111,221.09 from the United States Department of Interior National Park Service (NPS). As part of a cooperative agreement with NPS, CCC was supposed to use the funds it obtained to recruit, hire, place, and pay two interns who would perform work at the Olmsted Center for Landscape Preservation for 13 months.
Douglas admitted that CCC did not hire or place an intern under the task agreement for which it received the federal funds, most of which was to be used for intern wages. Douglas instead directed an accountant to draw down $108,752.60 of the obligated federal funds and intentionally misapplied those funds, by fraudulently converting them to CCC’s use. Douglas admitted that she directed that the federal funds be used for unallowable operating expenses for CCC. Douglas further admitted that she did so with the approval of and at the direction of CCC Chief Executive Officer Robert Martin.
Douglas ran CCC’s day-to-day operations as COO and was responsible for managing its various departments. All department heads reported to Douglas, and she reported only to Martin. CCC’s primary source of income from in or around 1998 until in or around the summer of 2018 had been a multimillion-dollar contract with the State of West Virginia to operate the Courtesy Patrol roadside assistance service. CCC lost the Courtesy Patrol contract in the summer of 2018.
Douglas admitted that she was aware that CCC was extremely financially unstable after CCC lost the Courtesy Patrol contract. Douglas further admitted that her position as COO gave her, in conjunction with and at the direction of Martin, the ability to fraudulently convert and intentionally misapply the federal funds for CCC’s use. Douglas also admitted that, at Martin’s direction, she drew down approximately $59,978.13 from other incomplete task agreements under the cooperative agreement with NPS and intentionally misapplied and/or fraudulently converted those funds as well.
Martin, 67, of Beckley, pleaded guilty on January 12, 2024, to fraudulent receipt of property from a debtor. Martin admitted to paying himself without authorization while CEO of CCC after it filed for bankruptcy on April 3, 2019. Martin further admitted that CCC knowingly misspent the $108,752.60 had received from NPS under the cooperative agreement. Martin was sentenced on June 28, 2024, to five years of federal probation and ordered to pay $205,802.49 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the U.S. Department of Interior-Office of Inspector General (DOI-OIG).
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Holly Wilson and Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-141.
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Parkersburg Man Sentenced to 25 Years in Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Jon Ryan LaFever, 29, of Parkersburg, was sentenced today to 25 years in prison, to be followed by 15 years of supervised release, for production of child pornography. LaFever must also register as a sex offender.
According to court documents and statements made in court, on or about March 16, 2023, LaFever posted a picture of a minor female on the Kik instant messaging mobile app. LaFever received a direct message after posting the photo from Kik user asking about the minor female. LaFever admitted that he messaged the user that the minor female was a 7-year-old girl to whom he had access. LaFever further admitted that he sent the user several additional photos through direct messaging. The photos included one image of the minor female in her underwear and with her legs spread open, and two images of a minor female’s nude genital area.
LaFever also admitted to sending two videos of the minor female to the Kik user. In both videos, LaFever touches the minor female’s buttocks while she was asleep on a bed, attempts to pull her shorts and underwear aside to expose her genital and pubic area, and stops when she appears to be waking up.
On March 20, 2023, law enforcement officers executed a search warrant of LaFever’s Parkersburg residence. Officers seized LaFever’s cell phone during the search and a forensic analysis found it stored several images and videos depicting the minor female on a bed in his residence. LaFever admitted to creating the images and videos with his cell phone. The videos included two of the minor female that LaFever created with his cell phone on March 6, 2023.
LaFever admitted to officers that he sent the videos on the Kik app. LaFever told officers that he had made approximately 50 images or videos of the minor female while she was asleep in her underwear. LaFever took steps to medicate the minor female and an adult present in the residence to ensure his nighttime sexual abuse of the minor female would not be discovered. LaFever distributed these images and videos of the minor female to other pedophiles in online forums in exchange for child pornography depicting the abuse of other children from around the world.
LaFever admitted to possessing hundreds of images and videos of child pornography on his phone and an online file-storage account, and that some of this child pornography depicted prepubescent minors. LaFever further admitted that the two close-up nude images that he had sent the Kik user were not of his minor female victim, but were cropped from the prepubescent child pornography he possessed.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-199.
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Huntington Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Clarence Montana Walls, 38, of Huntington, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on October 11, 2023, Walls sold a controlled substance containing methamphetamine to a confidential informant in Richwood.
Walls is scheduled to be sentenced on January 16, 2025, and faces a maximum penalty of 20 years in prison, up to three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Central West Virginia Task Force.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-77.
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Fayette County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Jeff Allen Adkins, 66, of Fayetteville, pleaded guilty today to possession with intent to distribute quantities of methamphetamine and fentanyl.
According to court documents and statements made in court, on May 8, 2022, Adkins was a passenger in a vehicle pulled over by law enforcement officers in Oak Hill. Officers searched the vehicle and found approximately 116 grams of fentanyl and 112 grams of methamphetamine. Adkins told officers he possessed the controlled substances and intended to distribute them.
Adkins is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Oak Hill Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Alexander A. Redmon and Ryan Blackwell have prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-57.
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Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Terrence Jay Mason, 31, of Charleston, pleaded guilty today to distribution of 5 grams or more of methamphetamine.
According to court documents and statements made in court, on April 6, 2023, Mason sold approximately 26 grams of methamphetamine to a confidential informant in Charleston.
Mason is scheduled to be sentenced on December 19, 2024, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Street Crimes Unit.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Francesca C. Rollo and Samuel D. Marsh are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-34.
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Charleston Developer Sentenced to Prison for Bankruptcy FraudRead the Press Release
CHARLESTON, W.Va. – John H. Wellford III, 73, of Charleston, was sentenced today to one year and one day in prison, to be followed by three years of supervised release, and ordered to pay $730,326.43 in restitution for falsification of bankruptcy records.
According to court documents and statements made in court, on March 29, 2019, Wellford filed for bankruptcy on behalf of Corotoman Inc., a real estate development company he owned and operated. As part of the bankruptcy, Corotoman’s Statement of Financial Affairs required Wellford to disclose all monetary transfers from Corotoman outside the ordinary course of business that had occurred in the two years prior to filing for bankruptcy. Wellford admitted that, despite this requirement, he did not disclose that he had transferred $925,326.43 from Corotoman on or around May 2, 2018 to another of Wellford’s businesses, Marsh Fork Development.
Approximately 10 months prior to the bankruptcy filing, Corotoman received a large influx of cash while it was struggling financially and while one of its creditors was actively trying to collect on an outstanding debt. Wellford deposited a $1,978,101.40 check from American Electric Power in Corotoman’s bank account on or around April 30, 2018. Wellford then transferred $925,326.43 of the funds to Marsh Fork Development on or around May 2, 2018. From that money, Wellford transferred $680,000 to his lawyer’s client trust account. Over the next five months, Wellford caused his lawyer to transfer the entire $680,000 back to various businesses that Wellford owned, primarily Marsh Fork Development.
Wellford admitted that all of these transactions were to ensure that he maintained possession and control over the money so that he could use the money for his businesses. Additionally, when Wellford attended a May 28, 2019 meeting of creditors, he testified that Corotoman had not made any payments to creditors outside the ordinary course of business in the year prior. When Wellford twice amended Corotoman’s bankruptcy filings to account for other undisclosed transactions that took place at the same time as the transfer, he failed to disclose the transfer.
“Today’s sentence is at the upper range of the advisory guideline range and reflects the nature and seriousness of Mr. Wellford’s offense. It is also appropriate given his background. Simply put, he should have known better and he should have done better,” said United States Attorney Will Thompson. “Mr. Wellford went to great lengths to carry out this crime of deception. Each transfer was a deliberate act of duplicity, and there are more than thirty of them. Each failure to disclose was an act of dishonesty.”
Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia State Police, the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU) and the West Virginia Offices of the Insurance Commissioner-Special Investigations Division. The United States Trustee’s Charleston field office, which serves West Virginia, made the criminal referral of this case to the U.S. Attorney’s Office. The United States Trustee Program is a component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public.
“This sentencing sends a clear message: the FBI and our partners will continue to go to great lengths to root out those who think fraud and deception mean more money in their own pocket,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “Bankruptcy fraud not only impacts financial institutions and creditors, but it also impacts the everyday person with higher fees and higher taxes. We stand committed to ensuring financial fairness at all levels.”
“Debtors’ responsibility to provide truthful, accurate, and complete information is essential to the proper function of the bankruptcy system,” said Acting United States Trustee Gerard Vetter of Region 4, which includes West Virginia. “This case demonstrates the dedication of the United States Trustee Program and the Justice Department to enforce the statutes imposing that responsibility and to ensure a fair process for debtors, creditors and other stakeholders. We thank U.S. Attorney Thompson and our law enforcement partners for their commitment to protecting the integrity of the bankruptcy system.”
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Holly Wilson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-63.
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Washington, D.C., Man Pleads Guilty to Federal Assault CrimeRead the Press Release
BECKLEY, W.Va. – MacArthur Walker Jr., 58, of Washington, D.C., pleaded guilty today to assaulting, resisting, or impeding certain officers or employees involving physical contact.
According to court documents and statements made in court, on May 4, 2024, a law enforcement officer conducted a traffic stop of a vehicle driven by Walker on Interstate 64 near Sandstone, West Virginia. The officer smelled the odor of marijuana and a passenger in Walker’s vehicle said there was approximately 3.5 grams of marijuana in the vehicle. The officer directed Walker to exit his vehicle and stand by the officer’s vehicle while the officer searched Walker’s vehicle. On multiple occasions Walker failed to obey the officer’s commands. Walker admitted that he eventually approached the officer and punched him on the right side of his body after the officer removed something from Walker’s vehicle during the search.
Walker is scheduled to be sentenced on January 3, 2025, and faces a maximum penalty of eight years in prison, up to three years of supervised release, and a $250,000 fine. Walker is also forfeiting a Rossi .38 Special revolver that was seized from a bag found in his vehicle.
United States Attorney Will Thompson made the announcement and commended the investigative work of the National Park Service and the Federal Bureau of Investigation (FBI).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-88.
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Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Quintez Robert Kilgore, also known as “Cortez Robert Jackson,” 29, of Huntington, was sentenced today to three years and 10 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on November 6, 2023, law enforcement officers encountered Kilgore on the 200 block of Olive Street in Huntington while searching for a fugitive. Kilgore admitted that he possessed a Glock Model 33 .357-caliber pistol that he placed underneath a nearby vehicle to conceal it as the officers approached him. The officers saw Kilgore’s attempt to hide the firearm and seized it. Kilgore admitted that he also possessed 12.64 grams of cocaine base, also known as “crack,” and 9.78 grams of fentanyl that the officers found and seized. Kilgore further admitted that he intended to distribute the seized controlled substances.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kilgore knew he was prohibited from possessing a firearm because of his prior felony convictions for possession with intent to distribute a controlled substance in Cabell County Circuit Court on October 12, 2017, and being a person prohibited from possessing firearms in Wayne County Circuit Court on January 8, 2020.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-6.
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Sisters Plead Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Dawn Marie Bennett, 42, of Las Vegas, Nevada, and April Lynn McNeill, 44, of Parkersburg, West Virginia, each pleaded guilty today to aiding and abetting the use of a communication facility to facilitate drug trafficking.
According to court documents and statements made in court, on or about January 24, 2023, Bennett arranged with McNeill, her sister, to send her a package through the United States Mail containing approximately 334 pills containing either oxycodone or hydrocodone. Law enforcement officers intercepted the package before it arrived at McNeill’s residence. Officers delivered the package to McNeill’s residence and detained her when she accepted delivery of the package.
Bennett and McNeill admitted to the arrangement and also admitted to arranging the shipment of approximately 487 pills containing either oxycodone or hydrocodone from Bennett to McNeill on or about January 19, 2024. Law enforcement intercepted that package, and it never arrived at McNeill’s residence. Bennett and McNeill admitted that McNeill intended to sell pills from both shipments to people in the Parkersburg area.
McNeill and Bennett are scheduled to be sentenced on December 12, 12, 2024, and each faces a maximum penalty of four years in prison, up to one year of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Postal Inspection Service, the Drug Enforcement Administration (DEA) and the Parkersburg Violent Crime and Narcotics Task Force.
United States District Judge Irene C. Berger presided over the hearings. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:24-cr-130 (McNeill) and 2:24-cr-131 (Bennett).
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Kanawha County Woman Pleads Guilty to COVID-19 Relief Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Jessica Nutter, 39, of St. Albans, pleaded guilty today to receipt of stolen money. Nutter admitted to a scheme to defraud the Paycheck Protection Program (PPP) of $20,830 in COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
According to court documents and statements made in court, from March 27, 2021 through on or about April 20, 2021, Nutter fraudulently obtained two PPP loans, each for $10,415, from an approved PPP lender in Texas and the SBA. Nutter falsely represented on one loan application that she had a business, Nut House Wood, and that it had received $50,000 in gross income during 2019. Nutter applied for the other fraudulent loan on behalf of her husband. Nutter falsely represented that her husband received $50,000 in gross income during 2019 as an independent contractor for an online food ordering and delivery service.
Businesses applying for PPP loans had to certify that the business was in operation on February 15, 2020, and were required to provide documentation showing their prior gross income from either 2019 or 2020. Nutter admitted that Nut House Wood was not a registered business entity in the State of West Virginia and had never engaged in legitimate business activity when she applied for that loan. Nutter further admitted that her husband was not engaged as an independent contractor for the online delivery service at that time.
The Texas lender approved both of Nutter’s loan applications. On April 9, 2021, $10,415 was transferred to Nutter’s personal bank account from a Texas bank. Nutter admitted that she transferred $1,5573.12 of those stolen funds to a North Carolina business on April 12, 2021, to cover expenses for a family vacation later that year. On April 20, 2021, $10,415 in proceeds from the second loan was transferred from a Texas bank to the personal bank account of Nutter’s husband. Nutter admitted that she and her husband used those stolen funds for general family expenses.
Nutter is scheduled to be sentenced on November 21, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,00 fine. Nutter also owes at least $25,830 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Kanawha County Sheriff’s Office.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney J. Parker Bazzle II is prosecuting the case.
The CARES Act, enacted in March 2020, offered emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. This assistance included forgivable loans to small businesses for job retention and certain other expenses through the PPP.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-81.
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Former Nicholas County Deputy Sheriff Sentenced to 20 Years in Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Jarrod Steven Bennett, 38, of Mt. Nebo, a former Nicholas County deputy sheriff, was sentenced today to 20 years in prison, to be followed by 30 years of supervised release, for the production of child pornography. Bennett must also register as a sex offender.
According to court documents and statements made in court, on or about March 2, 2023, while employed as a deputy with the Nicholas County Sheriff’s Department, Bennett recorded two videos using his cell phone of a minor female sleeping on a couch. Bennett admitted that he knew the girl to be under the age of 12 when he recorded the videos. In both videos, the girl is face down on the couch with a blanket covering her torso and her bare legs exposed. In the first video, Bennett filmed the girl as he walked toward her and zoomed the camera to focus on her buttocks. Bennett admitted that he continued to walk toward her as he recorded the second video and filmed his exposed penis and him masturbating near the sleeping girl.
Bennett distributed an image he produced of the minor female, and other child pornography, to multiple users on the Snapchat social media instant messaging app. When Snapchat shut down his account for such conduct, Bennett created a new Snapchat account to continue to distribute child pornography.
Law enforcement investigated the cybertip from the National Center for Missing and Exploited Children (NCMEC) regarding the Snapchat activity, and traced it to Bennett. Investigators found child pornography on Bennett’s cell phone and evidence that a large amount of data had been deleted from the phone, including when Snapchat informed him it had reported his account. Investigators also found that the laptop issued to Bennett by the Nicholas County Sheriff’s Department had been used to access Snapchat, and that large amounts of data had been deleted from the laptop remotely.
“Jarrod Steven Bennett violated his position of trust as a law enforcement officer and victimized a child he was meant to protect and care for. He also perpetuated that trauma for her and the other children in the images he distributed, because those images cannot be contained or removed from the hands of pedophiles throughout the world,” said United States Attorney Will Thompson.
Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the West Virginia State Police-Internet Crimes Against Children Task Force (ICAC), and the Beckley Police Department.
“The Wheels of Justice have prevailed. Evil can try to hide in the shadows, however it will be brought to light,” said Nicholas County Sheriff William F. Nunley. “I would like to thank the investigators and the U.S. Attorney's Office for a complete investigation and swift prosecution. We Nicholas County Citizens are sickened by Bennett’s actions. Those sworn to uphold the laws of this Country and State will never stand idle to it. This is why we have the best justice system in the world.”
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-144.
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Beckley Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Evann Robinson, 39, of Beckley, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on May 9, 2023, Robinson sold a controlled substance containing methamphetamine to a confidential informant in Beckley.
Robinson is scheduled to be sentenced on December 19, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney D. Keith Randolph is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-198.
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Ohio Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Drew Lamont Scruggs, 48, of Akron, Ohio, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on February 27, 2024, Scruggs pawned a Kimber model Stainless Ultra Carry II .45-caliber pistol at a Huntington business. Scruggs admitted to possessing the firearm and that the firearm was later determined to have been stolen at the time he possessed it.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Scruggs knew he was prohibited from possessing a firearm because of his prior felony convictions for voluntary manslaughter on June 25, 1997, trafficking in cocaine on April 1, 1998, and on November 12, 2012, and failure to comply with order or signal of a police officer on November 3, 2015, and on August 6, 2019, all in Summit County, Ohio, Court of Common Pleas.
Scruggs is scheduled to be sentenced on December 9, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-49.
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Cabell County Man Sentenced to Prison for Role in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Walter Alvin Cremeans, 57, of Culloden, was sentenced today to five years and 10 months in prison, to be followed by three years of supervised release, for possession with intent to distribute methamphetamine. Cremeans admitted to his role in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on October 28, 2023, a law enforcement officer conducted a traffic stop of a vehicle driven by Cremeans on the 4200 block of Ohio River Road in Huntington. Cremeans admitted that he placed approximately 97 grams of methamphetamine in a cup that was thrown from his vehicle during the traffic stop. The officer located and seized the methamphetamine on the ground outside of Cremeans’ vehicle. Cremeans further admitted that investigators observed him acquiring the seized methamphetamine just before the traffic stop, and that he had arranged to receive the methamphetamine during multiple phone calls that were intercepted by investigators.
Cremeans is among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Cremeans is also among 21 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
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Kanawha County Sex Offender Sentenced to Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Benson Cline II, 49, of Cedar Grove and a convicted sex offender, was sentenced on August 22, 2024, to seven years and eight months in prison, to be followed by 20 years of supervised release, and ordered to pay $8,800 in restitution for possession of prepubescent child pornography.
According to court documents and statements made in court, between on or about July 24, 2023, to on or about November 6, 2023, Cline possessed 22 images and 134 videos of child sexual abuse material on his instant messaging app account that he accessed through his cell phone. The child pornography included digital files depicting infant, toddler and prepubescent males and females being sexually assaulted and also included instances of bestiality, sadomasochism and torture.
Cline is a registered sex offender, as a result of his conviction for soliciting a minor via computer in Kanawha County Circuit Court on February 24, 2011.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-42.
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Federal Jury Convicts Registered Sex Offender of Child Exploitation CrimesRead the Press Release
HUNTINGTON, W.Va. – After three days of trial, a federal jury convicted Alex Kai Tick Chin, 39, of San Francisco, California, on August 22, 2024, of production of child pornography, enticement of a minor, and committing a sex crime against a minor while a registered sex offender.
Evidence at trial proved that from on or about December 12, 2020, through on or about February 14, 2021, Chin did employ, use, persuade, induce, entice and coerce a minor female residing within the Southern District of West Virginia to record and send him sexually explicit images of herself via the Snapchat multimedia instant messaging app. To do so, Chin would compliment the minor female and say they were in a romantic relationship, but he would also threaten to harm himself if she did not send him sexually explicit images. Chin was a registered sex offender at the time, and has been following his felony conviction for possession of child pornography in the Superior Court of California, County of San Francisco, on December 27, 2017.
Chin exchanged messages with a second minor female during the same time period who also resided within the Southern District of West Virginia, engaging in sexual conversations and soliciting nude images from her as well. Chin also threatened to harm himself in conversations with the second minor female unless she complied with his demands. Chin sent photos and videos of himself to the second minor female, including an image of himself masturbating. Chin continued to communicate with both minor females until early March 2022, when he drove from California in a white panel van equipped with a mattress to the Southern District of West Virginia. There, he attempted unsuccessfully to meet both minor females in person.
Chin is scheduled to be sentenced on December 9, 2024, and faces a mandatory minimum of 35 years and up to life in prison.
“Mr. Chin preyed upon a minor female, attempted to do the same with a second female child, and then lied repeatedly to the jury to conceal and avoid responsibility for his criminal conduct,” said United States Attorney Will Thompson “I commend the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) for the investigative work in this case, and Assistant United States Attorneys Jennifer Rada Herrald and Courtney L. Finney and our trial team for securing guilty verdicts on all three counts in the indictment.”
United States District Judge Robert C. Chambers presided over the jury trial.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-87.
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Ohio Man Pleads Guilty to Money LaunderingRead the Press Release
BECKLEY, W.Va. – Jack Paskin, 34, of Nelsonville, Ohio, pleaded guilty today to money laundering.
According to court documents and statements made in court, from in or about mid-summer 2019 to on or about August 31, 2020, Paskin facilitated the shipment of wholesale quantities of marijuana to Mullens, West Virginia. Paskin admitted that the shipments were directed to addresses provided by Merrick Rice, who then obtained the marijuana packages following their delivery. Paskin further admitted that he knew Rice sold the marijuana to other individuals who then distributed it within the Southern District of West Virginia.
Proceeds from Rice’s sale of the marijuana were deposited into bank accounts that Paskin individually controlled or had signatory authority over. On February 24, 2021, Paskin withdrew $30,000 in cash from one of the bank accounts he knew held proceeds from Rice’s marijuana sales. Paskin admitted that he knew that the $30,000 and the other deposited funds represented proceeds from illegal drug sales in the Southern District of West Virginia.
Paskin is scheduled to be sentenced on December 13, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.
Rice, 44, of Mullens, and Miranda Aliff, 32, of Rock Creek, both pleaded guilty on May 7, 2024, to structuring transactions with one or more domestic financial institutions. Rice and Aliff admitted to structuring bank deposits of the illicit drug proceeds totaling $228,000 to evade currency transaction reporting requirements, and await sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Postal Inspection Service, the Internal Revenue Service, and the Drug Enforcement Administration (DEA).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-122.
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Ohio Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Leonard Samiia, 32, of Wapakoneta, Ohio, pleaded guilty today to production of child pornography.
According to court documents and statements made in court, on or about February 20, 2023, Samiia employed, used, persuaded, induced, and enticed a minor victim residing within the Southern District of West Virginia to send images of her nude vagina to him through the internet using an instant messaging service. Samiia admitted that the minor victim stated that she was not 18 yet. Samiia also sent the images back to the minor victim using the messaging service.
Samiia admitted that he sent a series of messages to the minor victim, directing her to make specific poses and take specific actions for these images. Samiia further admitted that he threatened the minor victim with the images she sent him, including by messaging her “(h)ave fun with these pics being posted now,” “being posted all over Facebook google snapchat twitch and everywhere,” and “THEY WILL BE POSTED ON YOUR SCHOOL WEBSITE TOO.” In one message, Samiia threatened to travel to where the minor victim lived and physically harm her and others.
Samiia is scheduled to be sentenced on December 16, 2024, and faces a mandatory minimum of 15 years and up to 30 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine. Samiia also owes restitution, in an amount to be determined by the Court, and must register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Holly Wilson is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-18.
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Kanawha County Man Pleads Guilty to Federal Fraud CrimesRead the Press Release
CHARLESTON, W.Va. – Donald A. Ennis, 43, of St. Albans, pleaded guilty today to two counts of wire fraud. Ennis admitted that he filed false insurance claims to obtain $347,237.70 after setting fire to his residence and defrauded a volunteer fire department of $153,728 while serving as its finance and operations manager.
According to court documents and statements made in court, in October 2018 Ennis purchased a residence on Ridgeview Way in St. Albans with assistance from a mortgage company that required him to insure the residence for loss. Ennis obtained a residential insurance policy with a maximum value of $161,100 for the dwelling and $120,825 for its contents. Ennis paid an annual premium of approximately $979.35 for the policy, which had effective dates from November 8, 2020, through November 8, 2021. The policy covered losses for multiple contingencies including fire, and explicitly excluded intentional acts of loss or damage by Ennis.
Ennis admitted that he intentionally set fire to his residence on February 15, 2021. The fire department responded but could not extinguish the fire, which consumed the residence and left it and its contents a total loss. Ennis falsely reported the fire to his Indiana-based insurance company as an accident later that day and began the process of filing a claim. Ennis admitted that he placed a series of claims electronically from February 21, 2021, to March 19, 2021, fraudulently claiming losses from the fire. Ennis further admitted that he obtained $347,237.70 from the insurance company as a result of this wire fraud scheme. The fraudulent insurance funds were deposited in Ennis’ bank account.
From at least 2009, Ennis worked for a volunteer fire department serving the Tornado area of Kanawha County. As its finance and operations manager, Ennis had access to the fire department’s debit card with a North Carolina-based bank and regularly acted as its accountant. Ennis admitted that from some time prior to March 19, 2020 through about September 18, 2022, he fraudulently obtained $153,728 of the fire department’s funds through a series of ATM withdrawals and dozens of unauthorized online purchases with its debit card for his personal benefit.
Ennis is scheduled to be sentenced on November 18, 2024, and faces a maximum penalty of 20 years in prison, up to three years of supervised release, and a $250,000 fine. Ennis also owes $500,965.70 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), the West Virginia Offices of the Insurance Commissioner-Special Investigations Division, and the Federal Bureau of Investigation (FBI).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-129.
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Greenbrier County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Wilbur Curtis Arnold Jr., 58, of White Sulphur Springs, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on April 29, 2024, law enforcement officers found a Winchester model 190 .22-caliber rifle at Arnold’s residence while arresting him on a warrant. Arnold told officers the rifle belonged to him.
On June 30, 2023, Arnold brought a Rock Island Armory model 1911 .45-caliber semi-automatic handgun to a White Sulphur Springs business, where he sold the firearm for $300. Arnold presented his identification and signed a purchase agreement for the sale of the gun.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Arnold knew he was prohibited from possessing a firearm because of his prior felony conviction for possession with intent to distribute cocaine in United States District Court for the Southern District of West Virginia on March 7, 2016.
Arnold is scheduled to be sentenced on December 19, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Greenbrier Valley Drug and Violent Crime Task Force, which consists of members of the West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Lewisburg Police Department.
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-61.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Thomas McNeil Hedrick II, 36, of Charleston, pleaded guilty today to possession of a firearm by a prohibited person.
According to court documents and statements made in court, on November 26, 2023, Hedrick visited a Shrewsbury residence while armed with a Ruger model AR-556 semi-automatic rifle loaded with a 60-round drum magazine and equipped with a bipod. Hedrick admitted that he knew he was prohibited from possessing firearms, and that he sought to conceal the loaded semi-automatic rifle under his jacket when he entered and left the residence. Hedrick further admitted that surveillance video at the residence captured his actions. The surveillance video captured another felony offense committed while Hedrick was in possession of the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Hedrick knew he was prohibited from possessing a firearm or ammunition because of his prior felony conviction for wanton endangerment in Kanawha County Circuit Court on March 1, 2022.
Hedrick is scheduled to be sentenced on December 12, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kanawha County Sheriff’s Office
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the result.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-56.
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Two More Defendants Sentenced to Prison for Roles in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Charles Clinton Cordle, 66, of Ashland, Kentucky, and Josie Irene Copley, 59, of Flatwoods, Kentucky, were each sentenced today to three years and six months in prison, to be followed by three years of supervised release, for their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on October 23, 2023, Cordle received approximately 14 grams of methamphetamine and 9 grams of fentanyl in the area of the 2700 block of Highlawn Avenue in Huntington after arranging to receive the controlled substances during a phone call with another person. A law enforcement officer conducted a traffic stop of a vehicle driven by Cordle following the transaction, and the officer located and seized the methamphetamine and fentanyl during the traffic stop. Cordle admitted that he intended to distribute the controlled substances.
On October 25, 2023, Copley purchased approximately 13.98 grams of fentanyl in Huntington from co-defendant Kyla Smith after calling Smith and arranging the transaction. After Copley purchased the fentanyl, a law enforcement officer conducted a traffic stop of a vehicle in which Copley was a passenger. Copley told the officer she had drugs in her possession and surrendered the fentanyl she had obtained from Smith. Copley admitted that the officer also seized approximately 2.11 grams of methamphetamine during the traffic stop that she possessed and intended to sell.
On November 15, 2023, law enforcement officers executed a search warrant at Copley’s residence in Flatwoods, Kentucky. Officers seized quantities of methamphetamine and fentanyl and a New England Firearms .410-gauge shotgun.
Cordle, Copley and Smith are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Cordle pleaded guilty to possession with intent to distribute quantities of methamphetamine and fentanyl, and Copley pleaded guilty to possession with intent to distribute a quantity of fentanyl. Smith, also known as “Flaca,” 29, of Huntington, pleaded guilty on April 3, 2024, to possession with intent to distribute 50 grams or more of methamphetamine and awaits sentencing. Cordle, Copley and Smith are among 21 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
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Ohio Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Jermaine Demaul Cathey, 43, of Columbus, Ohio, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on April, 20, 2023, law enforcement officers arrested Cathey on an outstanding warrant from Ohio after conducting a traffic stop of a vehicle Cathey was driving in Huntington. Officers searched the vehicle following the arrest and found a loaded SCCY model CPX-1 9mm pistol under the vehicle’s center console. Cathey admitted to possessing the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Cathey knew he was prohibited from possessing a firearm because of his prior felony convictions for aggravated robbery in Franklin County, Ohio, Court of Common Pleas on August 28, 2006, being a felon in possession of a firearm and attempting to commit a felony in Cabell County Circuit Court on January 17, 2013, and being a felon in possession of a firearm in United States District Court for the Southern District of West Virginia on December 11, 2017.
Cathey is scheduled to be sentenced on December 2, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the result.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-179.
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Maryland Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Eric Malik Smith, also known as “Star,” 25, of Hyattsville, Maryland, was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for aiding and abetting false statements related to the purchase of a firearm.
According to court documents and statements made in court, on June 1, 2022, Smith traveled with Timothy Lanier Allen III to a Barboursville, West Virginia, business where Smith instructed Allen to purchase a Glock 27 .40-caliber pistol on Smith’s behalf. Smith admitted that Allen falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was the purchaser of the firearm when he knew Smith was the actual buyer of the firearm. Smith then took possession of the firearm following the purchase and eventually took it back with him to Maryland. Additional documents and statements made in court showed that Allen purchased at least 4 additional firearms on behalf of Smith.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Courtney L. Finney and Owen Reynolds prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-156.
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Charleston Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Clyde Anderson Jr., 44, of Charleston, was sentenced today to six years and four months in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl and methamphetamine.
According to court documents and statements made in court, on September 12, 2022, law enforcement officers encountered Anderson while responding to a domestic disturbance complaint at a Renaissance Circle apartment in Charleston. Anderson admitted that he consented to a search of a small bag he was carrying. Officers found a cylinder in the bag containing approximately 9 grams of a substance containing fentanyl and 13 grams of methamphetamine. Anderson admitted that he intended to distribute the controlled substances. Anderson further admitted that he also possessed a loaded Taurus model PT738 .380-caliber pistol that he handed over to the officers.
Anderson has a long criminal history with multiple prior convictions including possession of a firearm by an unlawful user of a controlled substance in United States District Court for the Southern District of West Virginia on March 21, 2013.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-120.
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Greenbrier County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Rance Allen Mitchem, 42, of Lewisburg, was sentenced today to nine years and two months in prison, to be followed by four years of supervised release, for possession with intent to distribute 5 grams or more of methamphetamine.
According to court documents and statements made in court, on July 27, 2022, law enforcement officers executed a search warrant at a Lewisburg apartment where Mitchem was staying. Officers seized approximately 38 grams of methamphetamine, scales, packaging materials, and a Taurus model G2S .40-caliber handgun. Mitchem admitted to possessing the seized methamphetamine and an additional 93.1 grams of methamphetamine that officers found when Mitchem told them it was in his parked vehicle.
Mitchem further admitted that he intended to distribute the methamphetamine and use some of it himself. Mitchem also told officers that he had distributed quantities of methamphetamine at least once a week for approximately five months.
At the time of his offense, Mitchem was on parole for first-degree robbery following his 2003 conviction in Greenbrier County Circuit Court. Mitchem robbed a Greenbrier County pharmacy of oxycodone and hydrocodone pills while armed with a sawed-off shotgun.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Greenbrier Valley Drug and Violent Crime Task Force.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-161.
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Two More Defendants Sentenced to Prison for Roles in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Today, Vernard Antonio Brown, also known as “Bam,” 33, of Detroit, Michigan, was sentenced to 10 years in prison, to be followed by four years of supervised release, for aiding and abetting possession with intent to distribute 5 grams or more of methamphetamine and Denzil Roger Grant II, 50, of Hurricane, was sentenced to four years and seven months in prison, to be followed by three years of supervised release, for possession with intent to distribute a quantity of methamphetamine. Both men admitted to their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on November 15, 2023, law enforcement officers arrested Brown and searched his Huntington residence. Brown admitted that he and others used the residence to store and distribute methamphetamine and fentanyl. Officers seized quantities of methamphetamine and fentanyl, a Landor Arms Canyon Arms 12-gauge shotgun, a Walther P22 .22-caliber pistol equipped with a silencer, a Kel-Teck .22-caliber pistol, and various rounds of ammunition during the search. Brown admitted that he and other individuals possessed the firearms and intended to sell the controlled substances in exchange for money.
Brown further admitted to participating in the DTO from at least August 2023 through November 2023. As part of that participation, Brown admitted to roles in multiple drug transactions within the Southern District of West Virginia. On May 17, 2023, Brown and a co-defendant distributed approximately 446 grams of methamphetamine to a confidential informant. On July 13, 2023, Brown arranged for another individual to distribute approximately 28 grams of methamphetamine and 3 grams of fentanyl to the confidential informant. On August 15, 2023, Brown distributed approximately 27.7 grams of methamphetamine and 3 grams of fentanyl to a confidential informant
On September 27, 2023, Grant called DTO ringleader Derrell Cashawn Massey and asked to purchase fentanyl and methamphetamine. Grant admitted that after arranging the transaction, he traveled from Hurricane to Huntington where he met with Massey and bought methamphetamine.
Grant was returning to Hurricane from Huntington when law enforcement officers stopped his vehicle in Putnam County. Grant consented to a search of the vehicle, and a female passenger in his vehicle gave officers approximately 13.5 grams of methamphetamine. Grant admitted that he intended to distribute the seized methamphetamine and further admitted that the passenger had hidden the methamphetamine on her person at his request.
Brown, Grant and Massey are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Massey, also known as “Rell” and “Fat Rell,” 34, of Detroit, Michigan, pleaded guilty on April 22, 2024, to distribution of 50 grams or more of methamphetamine and awaits sentencing. Brown, Grant and Massey are among 21 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
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Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Steven Patrick Crabtree, 35, of Huntington, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on March 4, 2024, law enforcement officers responded to reports of an individual shooting at others outside of a Buffington Street residence in Huntington. Officers encountered Crabtree, who matched the description of the shooting suspect. Officers recovered a loaded Smith & Wesson model SD9VE 9mm pistol from Crabtree, and later determined that the firearm had been stolen.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Crabtree knew he was prohibited from possessing a firearm because of his prior felony convictions for conspiracy to deliver not less than 10 grams nor more than 100 grams of heroin in Wayne County Circuit Court on May 30, 2018, and attempt to commit a felony in Cabell County Circuit Court on March 21, 2017.
Crabtree is scheduled to be sentenced on November 25, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-86.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Matthew L. Farmer, 33, of Charleston, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on November 8, 2023, law enforcement officers had reason to believe Farmer was carrying a firearm and encountered him while patrolling Charleston’s West Side. Officers asked Farmer if he had a firearm, and he told them he had a firearm in his back pocket. Officers retrieved a Firearms Import Export (FIE) model Titan .25-caliber handgun from Farmer’s back pocket. The firearm had a magazine inserted that contained seven rounds of ammunition.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Farmer knew he was prohibited from possessing a firearm because of his prior felony convictions for first-degree robbery in Monongalia County Circuit Court on October 7, 2015, and grand larceny in Wetzel County Circuit Court on January 26, 2011.
Farmer is scheduled to be sentenced on December 10, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit (SEU) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-202.
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South Carolina Woman Pleads Guilty to Money Laundering in Relation to COVID-19 Relief Fraud SchemeRead the Press Release
BLUEFIELD, W.Va. – Anna Marie Omar, 50, of Myrtle Beach, South Carolina, pleaded guilty today to money laundering by engaging in monetary transactions in property derived from a fraudulent Paycheck Protection Program (PPP) loan. Omar admitted that she fraudulently obtained a $20,833 PPP loan guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
According to court documents and statements made in court, on April 30, 2021, Omar applied for a PPP forgivable loan while living in Bluefield, West Virginia. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic, to replace their normal income and for certain other expenses. Omar admitted that she falsely represented that she was an independent contractor, that she had earned $152,000 in gross income in that capacity during tax year 2020, that she earned that income while working for a water processing business, and that she had been in business since 2010. Omar further admitted that she obtained the COVID-19 relief money for her own personal use.
A PPP lender approved Omar’s loan application and deposited $20,833 in loan proceeds into Omar’s personal checking account on May 17, 2021. Omar admitted that she transferred $12,216.70 of the loan proceeds from her personal checking account to her personal savings account the following day.
Omar is scheduled to be sentenced on December 9, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine. Omar also owes $23,410.60 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police – Bureau of Criminal Investigation (BCI), the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), Homeland Security Investigations, the Horry County South Carolina Sheriff’s Office and the Myrtle Beach Police Department.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-36.
Five More Defendants Sentenced to Prison for Roles in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Five defendants were sentenced today for their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
Hakeem Rashad Mack, also known as “Paper,” 31, of Detroit, Michigan, was sentenced to 10 years in prison, to be followed by five years of supervised release, for distribution of 50 grams or more of methamphetamine.
Gary Diaz, also known as “Poppy,” 66, of Nitro, was sentenced to 15 years and nine months in prison, to be followed by five years of supervised release, for possession with intent to distribute 50 grams or more of methamphetamine.
Georgia Alice Jackson, 32, of Huntington, was sentenced to seven years and six months in prison, to be followed by four years of supervised release, for possession with the intent to distribute 40 grams or more of fentanyl.
Jashawn William Lawson, also known as “Nitty,” 23, of Detroit, Michigan, was sentenced to seven years and three months in prison, to be followed by five years of supervised release, for aiding and abetting possession with the intent to distribute 5 grams or more of methamphetamine.
Shakur Raekwan Joyce, also known as “Cheeta,” 24, of Huntington, was sentenced to three years in prison, to be followed by three years of supervised release, for possession with intent to distribute a quantity of methamphetamine.
The five defendants are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
According to court documents and statements made in court, Mack admitted that he distributed approximately 283 grams of methamphetamine at his residence to a confidential informant on June 28, 2023. Mack arranged the transaction beforehand with the informant via a video call with the FaceTime mobile device app. Mack further admitted to distributing a total of approximately 306 grams of methamphetamine to a confidential informant on May 10, 2023 and June 5, 2023.
Diaz participated in the DTO from approximately November 2022 through November 2023, receiving a total of at least 30 pounds of methamphetamine for distribution during this period. Diaz commonly obtained the methamphetamine on consignment, paying for it after it was distributed. Diaz received at least 1 pound and as much as 2 pounds at a time during the final six months of his participation in the conspiracy.
Participating in the DTO from at least February 2023 through November 2023, Jackson distributed methamphetamine and fentanyl on numerous occasions and used her residence to store and distribute drugs.
Lawson participated in the DTO from at least April 2023 through November 2023. Lawson’s participation included selling a total of approximately 808.6 grams of methamphetamine on three occasions between April 13, 2023 and July 13, 2023. Lawson also sold approximately 2.9 grams of fentanyl during the July 13, 2023 transaction.
Joyce participated in the DTO from at least August 2023 to in and around November 2023. Joyce transported methamphetamine and collected and transported drug proceeds on behalf of other individuals, and received methamphetamine that he distributed to various customers. Joyce possessed approximately 877 grams of methamphetamine seized by law enforcement officers during a September 20, 2023 traffic stop of a vehicle in which he was traveling on I-64 in Hurricane.
On November 15, 2023, law enforcement officers arrested all five defendants and executed search warrants at multiple residences. At Mack’s residence, officers seized approximately 165 grams of methamphetamine, 108 grams of fentanyl and a Charter Arms .38-caliber revolver, and multiple bags of methamphetamine and a loaded Diamondback DB 9mm pistol. At Jackson’s residence, officers seized approximately 380 grams of fentanyl, a Phoenix Arms HP22A .22-caliber pistol, a Sun City Stevens 320 12-gauge shotgun and various rounds of ammunition. At Lawson’s residence, officers seized quantities of methamphetamine and fentanyl, a Landor Arms Canyon Arms 12-gauge shotgun, a Walther P22 .22-caliber pistol equipped with a silencer, a Kel-Tec PMR-30 .22-caliber pistol and various rounds of ammunition. Joyce consented to a search of his residence where officers seized a quantity of methamphetamine.
Mack, Diaz, Jackson, Lawson and Joyce are also among 21 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
Kanawha County Man Pleads Guilty to Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Jacarre Cortez Woodruff, 23, of Dunbar, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on July 25, 2023, Woodruff sold approximately 27.4 grams of a substance containing fentanyl to two confidential informants at his residence in Dunbar.
Woodruff is scheduled to be sentenced on November 20, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Lesley C. Shamblin is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-99.
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Greenbrier County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Jason Michael Tucker, 43, of Frankford, was sentenced today to two years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on December 30, 2022, Tucker sold a Ruger model Wrangler .22LR caliber revolver to a confidential informant for $125 in the Frankford area of Greenbrier County. Tucker admitted to the transaction, and further admitted to selling a quantity of fentanyl to the confidential informant at the same location a few hours before the transaction.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Tucker knew he was prohibited from possessing a firearm because of his prior felony convictions for possession of a controlled substance with intent to deliver in Monroe County Circuit Court on August 30, 2018, and for delivery of a controlled substance-marijuana in Greenbrier County Circuit Court on April 22, 2005.
Tucker has a long criminal history that spans 23 years and also includes felony convictions for forgery and entering without breaking.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Greenbrier Valley Drug and Violent Crime Task Force. The Greenbrier Valley Drug and Violent Crime Task Force is composed of members of the West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Lewisburg Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-17.
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Beckley Man Sentenced for Fentanyl CrimeRead the Press Release
BECKLEY, W.Va. – Algie Kenya Scales, 50, of Beckley, was sentenced today to five years of federal probation for distribution of fentanyl.
According to court documents and statements made in court, on February 23, 2023, Scales sold approximately 2.7 grams of fentanyl in Beckley for $300. Scales admitted to the transaction and further admitted to selling approximately 5 grams of fentanyl for $625 on March 2, 2023, and to selling approximately 4.7 grams of fentanyl for $600 on March 8, 2023. Both of the additional transactions occurred at a predetermined location in Beckley.
Scales has a long criminal history that includes two separate prior felony convictions for distribution of a controlled substance.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alexander A. Redmon and third-year law student intern Benedict Husting prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-167.
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Kanawha County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Joseph Douglas Collier, 38, of Alum Creek, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on November 11, 2023, a law enforcement officer removed a Kimber model Tactical Pro II .45-caliber pistol from Collier’s possession after Collier allegedly brandished it outside a Charleston bar.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Collier knew he was prohibited from possession a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, cocaine, in Kanawha County Circuit Court on January 12, 2010.
Collier is scheduled to be sentenced on November 21, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Samuel D. Marsh is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-69.
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Former West Virginia Corrections Officers Plead Guilty to Federal Civil Rights Charges in Connection with Death of InmateRead the Press Release
Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for their respective roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Ashley Toney and Jacob Boothe each pleaded guilty to violating inmate Q.B.’s civil rights by failing to intervene to protect Q.B. from being physically assaulted by other correctional officers.
According to their plea agreements, Toney and Boothe each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. After Toney and Boothe arrived, officers restrained and handcuffed Q.B. Toney, Boothe and other officers then escorted Q.B. to an interview room, where Toney and Boothe watched as other officers struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Toney and Boothe each admitted that officers struck and injured Q.B. in the interview room in order to punish him for attempting to leave his assigned pod. Toney and Boothe each further admitted that they each knew that officers could not use unreasonable force to punish inmates, including pretrial detainees, and that officers had a duty to intervene to stop other officers from using such unreasonable force.
In her plea agreement, Toney further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Toney was aware that officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without video evidence that would result in accountability for the misconduct.
In addition, in plea documents, Toney admitted that to help officers escape liability, she knowingly provided false information during the ensuing investigation of Q.B.’s death. Toney also intentionally failed to report officers’ unreasonable use of force against Q.B. to state investigators inquiring into Q.B.’s injuries and death, and she conspired with officers to instruct fellow officers to give false information to investigators.
Toney and Boothe were among six former correctional officers indicted by a federal grand jury in November 2023. Trial for the remaining four defendants is scheduled for Oct. 8.
Two other defendants had separately pleaded guilty in connection with Q.B.’s death. On Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against Q.B.
Toney and Boothe each pleaded guilty today before U.S. District Court Judge Joseph R. Goodwin. Sentencing hearings are scheduled for Nov. 4. According to their respective plea agreements, Toney and Boothe each face a maximum penalty of 10 years in prison and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia are prosecuting the case.
Former West Virginia Corrections Officers Plead Guilty to Federal Civil Rights Charges in Connection with Death of InmateRead the Press Release
CHARLESTON, W.Va. – Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for their respective roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Ashley Toney and Jacob Boothe each pleaded guilty to violating inmate Q.B.’s civil rights by failing to intervene to protect Q.B. from being physically assaulted by other correctional officers.
According to their plea agreements, Toney and Boothe each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. After Toney and Boothe arrived, officers restrained and handcuffed Q.B. Toney, Boothe and other officers then escorted Q.B. to an interview room, where Toney and Boothe watched as other officers struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Toney and Boothe each admitted that officers struck and injured Q.B. in the interview room in order to punish him for attempting to leave his assigned pod. Toney and Boothe each further admitted that they each knew that officers could not use unreasonable force to punish inmates, including pretrial detainees, and that officers had a duty to intervene to stop other officers from using such unreasonable force.
In her plea agreement, Toney further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Toney was aware that officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without video evidence that would result in accountability for the misconduct.
In addition, in plea documents, Toney admitted that to help officers escape liability, she knowingly provided false information during the ensuing investigation of Q.B.’s death. Toney also intentionally failed to report officers’ unreasonable use of force against Q.B. to state investigators inquiring into Q.B.’s injuries and death, and she conspired with officers to instruct fellow officers to give false information to investigators.
Toney and Boothe were among six former correctional officers indicted by a federal grand jury in November 2023. Trial for the remaining four defendants is scheduled for Oct. 8.
Two other defendants had separately pleaded guilty in connection with Q.B.’s death. On Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against Q.B.
Toney and Boothe each pleaded guilty today before U.S. District Court Judge Joseph R. Goodwin. Sentencing hearings are scheduled for Nov. 4. According to their respective plea agreements, Toney and Boothe each face a maximum penalty of 10 years in prison and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:24-cr-123 (Boothe) and 5:24-cr-124 (Toney).
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Charleston Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Lamar Tyrell Coles, 32, of Charleston, was sentenced today to five years and 10 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on August 23, 2022, a law enforcement officer arrested Coles on an outstanding warrant. Coles advised the officer that he had a firearm in his pocket. The officer recovered a loaded SCCY CPX-2 9mm pistol from Coles’ right sweatpants pocket which was zipped closed, concealing the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Coles knew he was prohibited from possessing a firearm because of his prior felony convictions for felonious assault on March 31, 2017, burglary on March 17, 2014, and illegal possession of firearm in open air arena on December 12, 2011, all in Columbiana County, Ohio.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Francesca C. Rollo and Samuel D. Marsh prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-96.
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Braxton County Lawyer Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Thomas Jason Drake, 48, of Gassaway, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, and fined $7,500 for being a felon in possession of a firearm.
According to court documents and statements made in court, Drake, a lawyer, admitted that he possessed and pawned a Taurus Model G3C 9mm handgun on December 20, 2021, a Winchester Model Grand European XTR .257-caliber rifle on November 22, 2021, and a Colt Model Single Action .45-caliber revolver on December 7, 2021, at Charleston businesses.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Drake knew he was prohibited from possessing a firearm because of his prior felony conviction for embezzlement in Kanawha County Circuit Court on September 13, 2012.
Drake falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was not a convicted felon when he purchased the Taurus Model G3C 9mm handgun on July 25, 2021, at a Charleston business. Drake purchased two additional firearms at a Charleston business and falsely certified on the ATF Form 4473 each time that he was not a convicted felon.
Drake was in the process of petitioning for reinstatement of his law license at the time of his current offense, as his felony conviction for embezzlement resulted in his disbarment in October 2012. Drake was granted reinstatement on January 6, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Andrew J. Tessman, Gabriel Price and Nowles Heinrich prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-64.
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