Southern District of West Virginia

CHARLESTON, W.Va. – Kenneth Desaun Hayway, 38, and Hannah Elizabeth Barbee, 30, both of Charleston, pleaded guilty today to conspiracy to distribute 40 grams or more of a mixture containing a detectable amount of fentanyl.

According to court documents and statements made in court, Hayway sold fentanyl to a confidential informant asking for heroin on August 15, 2022, and August 19, 2022, in Charleston. Hayway further admitted to organizing the sale of fentanyl with Barbee and co-defendant Khalif Marquee Coleman to a confidential informant seeking heroin on August 19, 2022, at Barbee’s Chesterfield Avenue residence in Charleston.

Barbee admitted to selling fentanyl to a confidential informant seeking heroin on six occasions between August 5, 2022, and September 27, 2022, at her Chesterfield Avenue residence. On September 28, 2022, law enforcement officers executed a search warrant at Barbee’s residence and found mixtures containing fentanyl totaling 55.97 grams, scales, drug packaging materials, and $5,926. Some of the cash recovered during the search was prerecorded buy money from the sales to the confidential informants.

Hayway and Barbee are scheduled to be sentenced on June 15, 2023, and face a mandatory minimum of five years and up to 40 years in prison, four years of supervised release, and a $5 million fine.

Coleman, 35, of Charleston, pleaded guilty to conspiracy to distribute 40 grams or more of a mixture containing a detectable amount of fentanyl on February 22, 2022. Coleman is scheduled to be sentenced on June 8, 2023, and faces a mandatory minimum of five years and up to 40 years in prison, 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 Federal Bureau of Investigation (FBI) and the Metropolitan Drug Enforcement Network Team (MDENT), and the assistance provided by the Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Julie M. White 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. 2:22-cr-198.

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BECKLEY, W.Va. – Kishaun Andre Jones, 23, of Beckley, pleaded guilty today to distribution of methamphetamine.

According to court documents and statements made in court, on December 20, 2021, Jones sold a substance containing methamphetamine to a confidential informant near South Kanawha Street in Beckley. Jones admitted to the transaction and further admitted to selling methamphetamine to the confidential informant on two other occasions in Raleigh County.

On February 23, 2022, law enforcement officers executed a search warrant at Jones’ Beckley residence and found quantities of methamphetamine, fentanyl, and heroin as well as three firearms and $6,445. Jones admitted that intended to distribute the controlled substances.

Jones is scheduled to be sentenced on June 9, 2023, and faces a maximum penalty of 20 years in prison, 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 Federal Bureau of Investigation (FBI), and the Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess 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. 5:22-cr-64.

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CHARLESTON, W.Va. – Melanie Clodfelter, 41, of Summersville, was sentenced today to two years in prison, to be followed by three years of supervised release, for making a false statement in acquisition of a firearm. Clodfelter admitted to purchasing a semi-automatic firearm used to kill one Nicholas County deputy sheriff and seriously injure another in June 2022.

According to court documents and statements made in court, on November 17, 2021, Clodfelter bought a Radical Firearms, model RF-15, multi-caliber rifle in Nicholas County. Clodfelter admitted to lying on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Record Form 4473, by falsely certifying that she was the buyer of the firearm when she knew she was purchasing it for Richie Holcomb.

Clodfelter gave Holcomb the firearm on the day of the purchase. Clodfelter admitted that Holcomb gave her the money to buy the firearm. Clodfelter further admitted that she knew Holcomb was prohibited from possessing a firearm because he had a prior felony conviction.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Holcomb was prohibited from possessing a firearm because of a felony conviction for unlawful wounding in Webster County Circuit Court on July 30, 2014.

Clodfelter was prohibited from possessing a firearm because she was an unlawful user of methamphetamine. Prior to purchasing the firearm for Holcomb, Clodfelter knew that Holcomb was also an unlawful user of methamphetamine.

On June 3, 2022, law enforcement officers responded to a domestic disturbance in the Birch River area and encountered Holcomb and another individual. During the encounter, Holcomb fatally shot Nicholas County Sheriff’s Deputy Thomas Edward Baker III with the semi-automatic rifle purchased and provided by Clodfelter. Corporal Joshua Ellison was wounded in the exchange of gunfire. Holcomb was fatally shot.

Baker’s widow, Jamie D. Baker, addressed the court and described the impact of Clodfelter’s act on her life and the lives of his children, their family and the Nicholas County community. The court stated that Clodfelter’s “reckless act” led to the “loss of the life of a man of valor, courage and dedication.”

“It may have taken only a few seconds for Clodfelter to answer falsely on that ATF form, but the tragic consequences will last a lifetime,” said United States Attorney Will Thompson. “This case is why the statute was enacted. Some people may think that the straw purchase of a firearm is not a big deal, but when you have a dead deputy, a widow, children who will grow up without their father, and another wounded deputy, it’s a pretty significant crime.”

Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which assisted the Nicholas County Sheriff's Office and the West Virginia State Police in response to the shooting of the two deputies.

“The tragic death of Nicholas County Sheriff’s Deputy Thomas Edward Baker III, and the injury of another deputy, is another terrible example of what happens when guns are supplied to those who are prohibited from possessing them,” said Acting ATF Special Agent in Charge Robert Maynard of the Louisville Division. “ATF will continue to focus on those who drive violent crime, which includes those who commit violence using firearms and those that help them obtain firearms illegally. This case should serve as a strong warning to those involved in straw purchasing, there will be consequences to your actions.”  

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorneys Steve Loew,  Negar M. Kordestani and Alex Hamner 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-135.

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CHARLESTON, W.Va. – Michael Graves, 67, of Charlton Heights, and West Virginia Environmental Services (WVES), a company wholly owned by Graves, each pleaded guilty today to a felony violation of the Clean Water Act.

According to court documents and statements made in court, Graves and WVES owned and managed an industrial waste landfill in Fayette County, West Virginia. As noted by inspectors from the West Virginia Department of Environmental Protection, Graves and WVES failed to maintain the landfill’s leachate collection for several years beginning in at least 2016. Leachate is any liquid that passes through the landfill and picks up material from the landfill, including toxic materials that must be properly treated prior to discharge into a stream or tributary.

The failure of Graves and WVES to maintain the leachate collection system caused the discharge of leachate that contained toxic water pollutants into a tributary that flowed into the Kanawha River near Alloy, West Virginia. The toxic pollutants included arsenic, hexavalent chromium, and selenium. The Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit for the landfill has since lapsed and has not been renewed.

Graves is scheduled to be sentenced on June 1, 2023, and faces a maximum penalty of three years in prison, three years of supervised release, and a $250,000 fine. WVES faces a maximum penalty of $500,000 and five years of probation. Graves and WVES both face a possible order of restitution.

“Polluters must be held accountable when their violations result in a risk to our communities,” said United States Attorney Will Thompson. “I thank the Criminal Investigative Division of the Environmental Protection Agency and the West Virginia Department of Environmental Protection for their investigative work in this case.”

“Our nation’s environmental laws are designed to ensure water contaminated with heavy metals and known carcinogens from industrial activities, such as those seen here, do not get into our rivers and streams,”  said Acting Special Agent in Charge Richard Conrad of EPA’s Criminal Investigation Program in West Virginia. “Today’s guilty plea by Mr. Graves and West Virginia Environmental Services demonstrates that individuals and companies who knowingly violate those laws will be held responsible for their crimes.”

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Erik S. Goes and Special Assistant United States Attorney Perry McDaniel are prosecuting the case.

On May 5, 2022, the Department launched the Office of Environmental Justice and announced a comprehensive environmental justice enforcement strategy. Enforcement of this strategy relies upon meaningful engagement and transparency with impacted communities regarding environmental justice issues, efforts, and results.

The United States Attorney’s Office for the Southern District of West Virginia enforces federal laws to protect environmental quality and human health in all communities within the district. In coordination with components of the Justice Department, the United States Attorney’s Office will hold polluters accountable for their actions, prioritizing cases that will reduce public health and environmental harms to overburdened and underserved communities.

The United States Attorney’s Office encourages the public to report suspected environmental violations within the district. Reports may be submitted to the Environmental Protection Agency or by email, mail, or phone to the United States Attorney’s Office.

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-186.

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CHARLESTON, W.Va. – Khalif Marquee Coleman, 35, of Charleston, pleaded guilty today to conspiracy to distribute 40 grams or more of a mixture containing a detectable amount of fentanyl.

According to court documents and statements made in court, Coleman admitted to arranging the sales of mixtures containing fentanyl to confidential informants asking to purchase heroin in Charleston in seven separate transactions between May 2, 2022, and September 23, 2022. All but one of these transactions occurred at a Chesterfield Avenue residence in Charleston and the mixtures totaled approximately 92.64 grams.

Coleman also admitted to arranging seven additional sales of mixtures containing fentanyl in August and September, 2022, at or near the Chesterfield Avenue residence.

On September 28, 2022, law enforcement officers executed a search warrant at the Chesterfield Avenue residence and found mixtures containing fentanyl totaling 55.97 grams, scales, drug packaging materials, and $5,926. Some of the cash recovered during the search was prerecorded buy money from the sales to the confidential informants.

Coleman is scheduled to be sentenced on June 8, 2023, and faces a mandatory minimum of five years and up to 40 years in prison, 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 Federal Bureau of Investigation (FBI) and the Metropolitan Drug Enforcement Network Team (MDENT), and the assistance provided by the Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Julie M. White 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. 2:22-cr-198.

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HUNTINGTON, W.Va. – Bryanna Danielle Kern, 25, of Proctorville, Ohio, pleaded guilty today to conspiracy to distribute suboxone.

According to court documents and statements made in court, on October 6, 2022, Kern was working as a kitchen employee at the Western Regional Jail in Barboursville, West Virginia, when she agreed to deliver a package containing suboxone to an inmate in exchange for $2,000. After Kern drove to the jail that day, her vehicle was searched by investigators who found the package and the payment.

Kern is scheduled to be sentenced on May 22, 2023, and faces a maximum penalty of 10 years in prison, two years of supervised release, and a $500,000 fine.

The inmate, Corey Michael Perkins, pleaded guilty to conspiracy to distribute suboxone, methamphetamine, and fentanyl and was sentenced to 11 years and eight months in prison on August 22, 2022.

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 presided over the hearing. Assistant United States Attorney Ryan A. Keefe 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. 3:22-cr-221.

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HUNTINGTON, W.Va. – Monroe Avant, 32, of Inkster, Michigan, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on September 13, 2021, law enforcement officers responded to a shooting on the 1600 block of 11th Avenue in Huntington. Officers encountered a vehicle with two men passed out in the driver and front passenger seats. Officers saw that the passenger had a semi-automatic pistol in his waistband. Avant admitted that he was the passenger and possessed a Taurus Model 709 9mm handgun.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Avant is prohibited from possessing a firearm because of his felony conviction for first-degree robbery in Cabell County Circuit Court on May 6, 2014.

Avant is scheduled to be sentenced on May 22, 2023, and faces a maximum penalty of 10 years in prison, 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.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor 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. 3:21-cr-245.

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CHARLESTON, W.Va. – Israel Garcia-Cocotle, also known as “Israel Cocotle Rayon” and “Israel Cococle-Garcia,” 33, a Mexican national, pleaded guilty today to the felony offense of reentry of a removed alien and was sentenced to 10 months in prison. Garcia-Cocotle will be remanded to Immigration and Customs Enforcement (ICE) for deportation proceedings at the conclusion of his sentence.

According to court documents and statements made in court, on December 8, 2022, ICE agents arrested Garcia-Cocotle in Charleston, Kanawha County, following a traffic stop conducted of a vehicle he was driving. Garcia-Cocotle did not have a driver’s license and presented a Mexican consular identification document. Garcia-Cocotle admitted that he was a citizen of Mexico in the United States illegally and that he had previously been deported from the United States. Garcia-Cocotle had no identification documents permitting him legal status in the United States.

Fingerprints matched Garcia-Cocotle to nine prior removals from the United States to Mexico between 2009 and 2018. Garcia-Cocotle was previously convicted of felony third-degree rape and fourth-degree assault in Fayette County, Kentucky, Circuit Court on July 6, 2018. Garcia-Cocotle was also convicted of illegal entry into the United States in United States District Court for the District of Arizona on July 18, 2011. Garcia-Cocotle never obtained the express consent of the Secretary of U.S. Homeland Security to reapply for admission to the United States for any of the prior removals, nor did he seek to reenter the United States through other legal means.

United States Attorney Will Thompson made the announcement and commended the investigative work of U.S. Immigration and Customs Enforcement and the Kanawha County Sheriff’s Office.

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes 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-11.

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CHARLESTON, W.Va. – Calvin Butler, 24, of Dunbar, pleaded guilty today to a scheme to defraud the Paycheck Protection Program (PPP) of $16,040 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, Butler provided his personal information to an individual he met on the Instagram social media platform who had offered to apply for a PPP loan on Butler’s behalf in exchange for $2,000 of the loan proceeds. On April 25, 2021, this individual electronically submitted an application falsely stating that Butler operated a barbershop and that it had received $77,000 in gross income in 2020. Butler admitted that he knew he was not eligible to receive a PPP loan. Butler further admitted that he proceeded with the scheme because he needed money to pay his bills.

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 Paycheck Protection Program. 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.

The fraudulent PPP loan application was approved and $16,040 was electronically deposited from a financial institution in Tennessee to Butler’s account with a bank in South Charleston on June 7, 2021. Butler admitted that he knew the deposit was the result of the fraudulent PPP loan application. Butler further admitted that he withdrew and spent $15,000 of the fraudulently obtained money to benefit himself personally and not for any legitimate business expenses.

Butler pleaded guilty to wire fraud and is scheduled to be sentenced on May 18, 2023. Butler faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine. Butler also owes $18,540 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 Public Integrity and Fraud Unit, and the Litigation Financial Analyst with the U.S. Attorney’s Office.

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Ryan Blackwell 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. 2:22-cr-161.

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HUNTINGTON, W.Va. – Melissa Dawn Lockhart, 49, of Huntington, was sentenced today to four years in prison, to be followed by three years of supervised release, for distributing a quantity of a mixture and substance containing methamphetamine.

According to court documents and statements made in court, on February 25, 2021, Lockhart sold approximately 5 grams of methamphetamine to a confidential informant at her Huntington residence.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Cabell County Sheriff’s Office.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. 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. 3:22-cr-73.

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CHARLESTON, W.Va. – Dillon Shane Browning, 31, of Charleston, pleaded guilty today to possession with intent to distribute methamphetamine.

According to court documents and statements made in court, on February 22, 2021, Browning sold approximately 13.77 grams of methamphetamine to a confidential informant at his Charleston residence.

Browning admitted to that transaction and to selling approximately one-half of an ounce of methamphetamine to the confidential informant at his Charleston residence on March 12, 2021. After the second transaction, law enforcement officers executed a search warrant at Browning’s residence and found approximately 233 grams of methamphetamine in an outbuilding. Browning admitted to possessing the methamphetamine and further admitted that he intended to sell it in the Charleston area.

Browning is scheduled to be sentenced on My 24, 2023, and faces a maximum penalty of 20 years in prison, 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 Federal Bureau of Investigation (FBI) and the Metropolitan Drug Enforcement Network Team (MDENT).

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Joshua Hanks 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-6.

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BECKLEY, W.Va. – Darion D. Jackson, also known as “D,” 23, of Michigan, was sentenced today to two years and six months in prison, to be followed by three years of supervised release, for distributing fentanyl.

According to court documents and statements made in court, on February 8, 2021, Jackson sold a quantity of fentanyl to a confidential informant at a Coal City, West Virginia, residence where Jackson was staying.

Jackson admitted to distributing that fentanyl and a separate quantity of fentanyl that he sold to another confidential informant in the Coal City area on May 27, 2021. On August 23, 2021, law enforcement officers stopped a vehicle driven by Jackson. The officers found approximately 21.1 grams of fentanyl in Jackson’s vehicle. Jackson admitted that he possessed the fentanyl and planned to distribute it within the Southern District of West Virginia.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF 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. Today, 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. 5:22-cr-30.

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BECKLEY, W.Va. – Matthew Jackson, 27, an inmate at the Federal Correctional Institution (FCI) Beckley, pleaded guilty today to possession of a weapon by an inmate of a federal prison.

According to court documents and statements made in court, on September 3, 2022, a FCI Beckley staff member conducted a pat-down search of Jackson and found a handcrafted weapon commonly known as a “shank” in Jackson’s underwear. The shank was a piece of metal, approximately 5 inches long, sharpened at one end and with a cloth handle on the other end fashioned from an institution-issued t-shirt. Jackson admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon..

Jackson is scheduled to be sentenced on June 2, 2023, and faces a maximum penalty of five years in prison, 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 Federal Bureau of Prisons.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess 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. 5:22-cr-232.

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CHARLESTON, W.Va. – After three days of trial, a federal jury convicted Mark Bolling, 55, of Charleston, today of possession with intent to distribute fentanyl, possession with intent to distribute 50 or more grams of methamphetamine, being a felon in possession of firearms and ammunition, and illegal possession of a firearm silencer.

Evidence at trial proved that on September 19, 2020, a law enforcement officer in Fayette County conducted a traffic stop of a vehicle driven by Bolling and recovered approximately 100 grams of methamphetamine, 30 grams of fentanyl, a pistol magazine containing .45-caliber ammunition, and $7,000 from the vehicle.

On September 21, 2020, law enforcement officers executed a search warrant at Bolling’s property on Keystone Drive in Charleston and seized a Rock River Arms, model LAR-15, 5.56mm rifle, a Bryco Arms, model 38, .380-caliber pistol, and a Gemtech, Model HALO, 5.56mm silencer.

The silencer was not registered to Bolling in the National Firearms Registration and Transfer Record. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Bolling was prohibited from possessing firearms and ammunition because of prior felony convictions including possession with intent to deliver methamphetamine on September 30, 2019, and transferring and receiving stolen property on September 24, 2018, both in Kanawha County Circuit Court.

Senior United States District Judge David A. Faber presided over the jury trial. Bolling is scheduled to be sentenced on June 6, 2023, and faces a maximum penalty of life in prison.

“This offender posed a significant risk to the Kanawha County community because of his involvement in both illegal drugs and firearms,” said United States Attorney Will Thompson. “I thank the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Office and the Fayetteville Police Department for their excellent work in this case. I also commend Assistant United States Attorneys Nowles Heinrch and Steve Loew and our trial team.”

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-87.

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BECKLEY, W.Va. – Eddie E. Kellom, also known as “Ace,” 23, of Detroit, Michigan, was sentenced today to three years and six months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, Kellom admitted to selling quantities of fentanyl to confidential informants in Raleigh County on four separate occasions between May 21, 2021, and November 1, 2021.

On January 11, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Kellom in Putnam County. The officers found approximately 250 grams of fentanyl in the vehicle. Kellom admitted that he had traveled from Michigan with the fentanyl and planned to distribute it in the Southern District of West Virginia.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF 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. Today, 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. 5:22-cr-31.

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CHARLESTON, W.Va. – Dana Michael Russell, also known as “Anthony Roberts,” 36, of Griffithsville, Lincoln County, pleaded guilty today to possession of prepubescent child pornography.

According to court documents and statements made in court, on January 20, 2021, Russell possessed two images of child pornography on his cell phone depicting prepubescent minor females subjected to sexually explicit conduct. Russell admitted that one of the images depicted a known child victim.

Russell further admitted to using his cell phone on June 25, 2020, to distribute and attempt to distribute an image containing child pornography using the Snapchat social media platform. Russell also admitted to distributing images containing child pornography using multiple Snapchat and Facebook accounts in June, August and December 2020. One of the Facebook accounts that Russell used had “Anthony Roberts” as the account username.

Russell faces a mandatory minimum of 10 years and up to 20 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine.

Russell is a registered sex offender as a result of his conviction for distribution and exhibiting of material depicting minors engaged in sexually explicit conduct in Kanawha County Circuit Court on February 19, 2015.

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 Internet Crimes Against Children (ICAC) Task Force.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Julie M. White is prosecuting the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and 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. 2:22-cr-25.

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BECKLEY, W.Va. – Kyla Gilbert, 26, of Beckley, was sentenced today to three years of federal probation in connection with a conspiracy to traffic more than 130 firearms from the Beckley area to Philadelphia, Pennsylvania.

According to court documents and statements made in court, Gilbert was recruited to purchase firearms for the trafficking conspiracy, which took place from around June 2020 to around July 2021. Gilbert admitted to purchasing two Ruger, Model Ruger 57, 5.7x28-caliber pistols in Beckley on May 10, 2021, for the firearms trafficking ring. Gilbert further admitted to buying at least four firearms for the trafficking conspiracy in April and May, 2021.

Gilbert pleaded guilty to making false statements in acquisition of firearms. Gilbert admitted that she falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Record Form 4473 that she was the buyer of the firearms when she knew she was buying the firearms for someone else.

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 Frank W. Volk imposed the sentence. Assistant United States Attorneys Negar M. Kordestani and Timothy D. Boggess prosecuted the case.

Gilbert is among 18 defendants who pleaded guilty in connection with the firearms trafficking. Of the over 140 firearms trafficked in the conspiracy, approximately 45 have been recovered at crime scenes primarily in Philadelphia and have been connected to two homicides, crimes of domestic violence, and other violent offenses.

After five days of trial, a federal jury found ringleader Bisheem Jones, also known as “Bosh,” guilty on December 16, 2022, of conspiracy to travel interstate with the intent to deal in firearms without a license, conspiracy to commit money laundering, and interstate travel with the intent to deal in firearms without a license. Jones is scheduled to be sentenced on April 7, 2023, and faces a  maximum penalty of 35 years in prison.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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. 5:22-cr-127.

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CHARLESTON, W.Va. – United States Attorney Will Thompson announced today that the Justice Department has awarded $1,755,887 to West Virginia as part of the Byrne State Crisis Intervention Program. This investment in community safety is authorized by the Bipartisan Safer Communities Act of 2022, historic legislation to address and reduce gun violence.

The funding will help the state develop and staff a new advisory board known as the West Virginia Crisis Intervention Advisory Board, to inform and guide the state’s related gun violence reduction programs and initiatives. This board will include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel.

“This award will support a collaborative partnership with an overall goal of reducing gun-related violence throughout the state, including the Southern District of West Virginia,” Thompson said. “The funding will help the advisory board assess such evidence-based strategies as extreme risk protection order (ERPO) programs, behavioral health deflection, and drug, mental health, and veterans’ treatment courts.”

The Justice and Community Services (JCS) Section of the West Virginia Division of Administrative Services (DAS) successfully applied for the award, as the State Administrative Agency (SAA) for criminal justice-related activities in the state. The award is part of an announced investment of over $231 million nationally that will fund state crisis intervention court proceedings, including but not limited to, extreme risk protection order (ERPO) programs that work to keep guns out of the hands of those who pose a threat to themselves or others.

These awards, administered by the Department’s Office of Justice Programs’ Bureau of Justice Assistance (BJA), provide funding to states for the creation and implementation of extreme risk protection order programs, state crisis intervention court proceedings, and related gun violence reduction initiatives. Extreme risk protection order programs empower family members, health care providers, school officials and law enforcement officers to petition a court to temporarily prevent a person from accessing firearms if they are found to be a danger to themselves or others. Funds can also support interventions like drug, mental health and veterans’ treatment courts, gun violence recovery courts, behavior health deflection and outpatient treatment centers.

The Bipartisan Safer Communities Act also seeks to ensure that extreme risk protection order laws and programs are implemented in accordance with the Constitution and provide for adequate due process protections. Projects funded under this program will need to demonstrate that they have taken measures to safeguard the constitutional rights of an individual subject to a crisis intervention program or ERPO initiative. The Justice Department has long supported state efforts to increase the use of ERPOs and in 2021 the Department released model legislation to help states create their own extreme risk protection order systems and provide for intervention before warning signs turn into tragedy.

Signed into law by President Biden in June 2022, the Bipartisan Safer Communities Act is the most significant piece of federal gun safety legislation in almost three decades and comes as a response to recent mass shootings and to the far more common, but no less tragic, incidents of community gun violence. Including the Byrne State Crisis Intervention Program, the law allocates a total of $1.4 billion to OJP over five years to develop, implement, and sustain meaningful investments in safer communities.

These awards are the latest effort from the Department of Justice’s Office of Justice Programs to implement this historic legislation.

 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.

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CHARLESTON, W.Va. – David Shannon Browning, 57, of Oak Hill, was sentenced today to six years in prison, to be followed by five years of supervised release, for distribution of methamphetamine.

According to court documents and statements made in court, on January 4, 2022, Browning sold approximately 6.79 grams of methamphetamine to a confidential informant at his residence. Browning was on supervised release for a 2010 conviction for aiding and abetting the distribution of oxycodone when he committed this offense.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Central West Virginia Drug Task Force and the Oak Hill Police Department.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Ryan A. Keefe and former Assistant United States Attorney Nick Miller 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 Nos. 2:22-cr-35 and 2:09-cr-227.

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CHARLESTON, W.Va. – Criminals attempt romance fraud schemes every day, but Valentine’s Day is a good opportunity to raise awareness and help protect yourself and loved ones.

Romance scams occur when a fake online identity is used to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim.

The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) reports that in West Virginia, 103 victims lost roughly $3.4 million in 2022 to romance scams, also called confidence fraud. Nationwide, approximately 19,000 victims reported a loss of more than $700 million last year.

“Romance scams can prove costly in terms of money, but they also cause great emotional harm to victims and their families,” said United States Attorney Will Thompson of the Southern District of West Virginia. “It’s never too late to learn how to detect and avoid becoming a victim of a romance scheme. There’s never any shame in reporting a scam or seeking help: the techniques used by these criminals are often extremely sophisticated.”

Thompson added that his office expects to issue a significant educational resource targeting romance and elder fraud in the coming weeks.

Experts offer tips for flagging romance scams:

• Be careful what you post and make public online. Scammers can use details shared on social media and dating sites to better understand and target you.

• Beware if the individual seems too perfect or quickly asks you to leave a dating service or social media site to communicate directly.
• Beware if the individual attempts to isolate you from friends and family or requests inappropriate photos or financial information that could later be used to extort you.
• Beware if the individual promises to meet in person but then always comes up with an excuse why he or she can’t. If you haven’t met the person after a few months, for whatever reason, you have good reason to be suspicious.
• Never send money to anyone you have only communicated with online or by phone. Never provide your financial information or allow your bank accounts to be used for transfers of funds.

Requests for gift cards are also a red flag. The FBI has additional tips and information for protecting against romance and confidence fraud: https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety/common-scams-and-crimes/romance-scams.

The FBI’s IC3 has numerous resources including an online complaint form: https://www.ic3.gov/Home/ComplaintChoice.

These schemes affect victims from all demographics, but elderly women are targeted most. The U.S. Department of Justice offers information through its Elder Justice Initiative and the Office of Victims of Crime: https://ovc.ojp.gov/program/stop-elder-fraud/providing-help-restoring-hope.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 10 a.m.-6 p.m. Eastern Time, Monday-Friday. English, Spanish, and other languages are available.

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.

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HUNTINGTON, W.Va. – George Daren Hall, also known as “Pops,” 47, of Nitro, pleaded guilty today to distribution of a quantity of a mixture and substance containing a detectable amount of methamphetamine.

According to court documents and statements made in court, on March 10, 2022, Hall sold approximately 65 grams of methamphetamine to a confidential informant outside of a Nitro residence.

Hall is scheduled to be sentenced on May 15, 2023, and faces a maximum penalty of 20 years in prison, 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 West Virginia State Police Ona Violent Crime and Drug Task Force West.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor 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. 3:22-cr-166.

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HUNTINGTON, W.Va. – Austin Bruce Jeffreys, 28, of Chesapeake, Ohio, was sentenced today to nine years and four months in prison, to be followed by five years of supervised release, for crimes arising from a drug-related June 2021 shootout in Huntington.

According to court documents and statements made in court, on June 14, 2021, Jeffreys spoke by phone with an inmate at the Western Regional Jail. The calls were recorded. The inmate asked Jeffreys to go to a Huntington residence and retrieve a quantity of suboxone that belonged to the inmate, but was in the possession of another person. Jeffreys admitted that he told the inmate he would be carrying a loaded Bersa Thunder .380-caliber Combat pistol while retrieving the drugs.

When Jeffreys and another individual arrived at the Huntington residence, a shootout occurred before Jeffreys could recover the drugs. After the shooting, Jeffreys made another recorded phone call with the inmate and admitted to his role in the shooting.  Several days later, Jeffreys was arrested and once again admitted to his role in the shooting and further admitted that he knew the drugs he tried to recover were intended for distribution.

Jeffreys pleaded guilty to using and carrying a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during and in relation to a drug trafficking crime. The inmate, Jacob Benjamin Loper, 21, pleaded guilty to attempted possession with intent to distribute suboxone and conspiracy to use a firearm in furtherance of a drug trafficking crime. Loper was sentenced to two years and six months in prison on May 9, 2022.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the West Virginia State Police, the Huntington Police Department, and the West Virginia Division of Corrections and Rehabilitation Investigations Unit.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe 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. 3:21-cr-216.

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HUNTINGTON, W.Va. – Benjamin Jack Reed, 41, of Huntington, pleaded guilty today to aiding and abetting the distribution of fentanyl.

According to court documents and statements made in court, on April 29, 2022, Reed and a co-defendant sold approximately 27 grams of fentanyl to a confidential informant in a Huntington parking lot.

Reed is scheduled to be sentenced on May 15, 2023, and faces a maximum penalty of 20 years in prison, 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 Drug Enforcement Administration (DEA) and the Cabell County Sheriff’s Department.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor 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. 3:22-cr-211.

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BECKLEY, W.Va. – Three more defendants were sentenced today for their roles in a conspiracy to traffic over 140 firearms from the Beckley area to Philadelphia, Pennsylvania.

Derrick Woodard, also known as “D,” 27, of Philadelphia, was sentenced to two years in prison, to be followed by three years of supervised release, for interstate travel with the intent to engage in dealing firearms without a license.

Tyana Bly, also known as “Biggie,” 23, of Beckley, and Megan Bickford, 34, of Oak Hill, were sentenced to five years of federal probation for making false statements in the acquisition of firearms. Bickford must serve the first four months of her probation on home confinement.

According to court documents and statements made in court, Woodard admitted to traveling to Beckley with Bisheem Jones, also known as “Bosh,” and several other co-defendants on October 17, 2020, to obtain firearms with plans to resell them for profit in Philadelphia.

Bly and Bickford each admitted to buying firearms for Jones, who selected which firearms to buy at businesses within the Southern District of West Virginia and provided the money for the purchases. Each time Bly and Bickford bought a firearm for Jones, they falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Record Form 4473 that they were the buyers of the firearms when they knew they were purchasing them for Jones and his trafficking conspiracy.

Bly admitted to buying two SCCY CPX-2 9mm pistols and a Taurus G3C 9mm pistol for Jones in Beckley on April 2, 2021. Bly further admitted to purchasing at least five firearms for Jones in March and April 2021 so he and others could transport and resell them outside of West Virginia.

Bickford admitted to buying a IWI, Model Jericho 941, 9mm pistol in Rainelle on November 2, 2020, and further admitted to carrying out at least 54 straw purchases throughout 2020.

Woodard, Bly and Bickford are among 18 defendants who pleaded guilty in connection with the firearms trafficking. Of the over 140 firearms trafficked in the conspiracy, approximately 45 have been recovered at crime scenes primarily in Philadelphia and have been connected to two homicides, crimes of domestic violence, and other violent offenses. Nineteen of the firearms recovered from Philadelphia crime scenes were purchased by Bickford.

After five days of trial, a federal jury found Jones guilty on December 16, 2022, of conspiracy to travel interstate with the intent to deal in firearms without a license, conspiracy to commit money laundering, and interstate travel with the intent to deal in firearms without a license. Jones is scheduled to be sentenced on April 7, 2023, and faces a  maximum penalty of 35 years in prison.

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 Frank W. Volk imposed the sentences. Assistant United States Attorneys  Negar M. Kordestani and Steve Loew prosecuted the cases.

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. 5:22-cr-46 and 5:22-cr-78.

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CHARLESTON, W.Va. –  United States Attorney Will Thompson announced today that the Southern District of West Virginia collected $3,418,522.70 in criminal and civil actions in Fiscal Year 2022. Of this amount, $1,771,403.30 was collected in criminal actions and $1,647,119.40 was collected in civil actions. 

Additionally, the Southern District of West Virginia worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $2,698,400.58 in cases pursued jointly by these offices. Of this amount, $2,372.47 was collected in criminal actions and $2,696,028.11 was collected in civil actions.

In 2022, the Southern District of West Virginia recovered $907,074.64 from Dr. Craig M. Morgan and Eye Consultants of Huntington Inc. to resolve allegations that they submitted false claims to Medicare and Medicaid. In late 2021, the District recovered $500,000 from Henry Schien, Inc., (“HSI”) a wholesale medical distributor based in Long Island, New York, as part of a settlement agreement with the United States to resolve civil penalty claims arising from its improper distribution of opioids and other controlled substances to medical and dental practitioners in five states in violation of the Controlled Substances Act (CSA).

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Additionally, the U.S. Attorney’s office in the Southern District of West Virginia, working with partner agencies and divisions, collected $2,255,269 in asset forfeiture actions in FY 2022. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

 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.

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CHARLESTON, W.Va. – Ashley Kawczynski, 32, of Parkersburg, was sentenced today to 10 years in prison, to be followed by four years of supervised release, for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.

According to court documents and statements made in court, on July 5, 2022, law enforcement arrested Kawczynski at her Parkersburg residence after responding to a report that she was overheard threatening to kill her son. Officers searched the residence and found approximately 328 grams of methamphetamine, 164 grams of fentanyl, a Ruger Model LCP Max .380-caliber semi-automatic pistol, and a Springfield model Hellcat 9mm semi-automatic pistol. Kawczynski admitted that she possessed the controlled substances with the intent to distribute them, and possessed the firearms to protect herself, her drugs, and her drug proceeds. 

Officers had been investigating the drug trafficking activities of Kawczynski for several months. Kawczynski admitted that she conspired with others between February 2022 and July 5, 2022, to distribute fentanyl, and sold fentanyl on four occasions to a confidential informant in April and May, 2022. 

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Parkersburg Narcotics Task Force, the Wood County Sheriff’s Office, and the West Virginia State Police.

Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe 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-160.

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CHARLESTON, W.Va. – Paul Thomasson, 57, of Delbarton, pleaded guilty today to two counts of distribution of methamphetamine.

According to court documents and statements made in court, Thomasson admitted to selling quantities of methamphetamine to a confidential informant in Delbarton on October 4, 2021, and October 12, 2021.

Thomasson is scheduled to be sentenced on April 26, 2023, and faces a maximum penalty of 20 years in prison, 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 U.S. Route 119 Drug Task Force.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Ryan Blackwell 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. 2:22-cr-141.

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CHARLESTON, W.Va. – United States Attorney Will Thompson will hold an event on Monday, February 6, 2023, at 2 p.m. to honor officers from the Summersville Police Department who saved the life of a suspect after he ingested fentanyl.

WHAT: Recognition of Summersville Police Officers

WHEN: Monday, February 6, 2023, at 2 p.m.

WHERE: Robert C. Byrd United States Courthouse, 300 Virginia Street East, Charleston

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.

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CHARLESTON, W.Va. – Lester Taylor Barnhouse, 43, of Craigsville, was sentenced today to 19 years and seven months in prison, to be followed by five years of supervised release, for possession with intent to distribute 50 grams or more of methamphetamine.

According to court documents and statements made in court, on March 13, 2022, Barnhouse fled from law enforcement officers trying to arrest him. During the pursuit, Barnhouse hid a backpack under a waterfall in the woods near Nallen, Nicholas County. An officer following Barnhouse’s tracks in the snow found the backpack, which contained approximately 646.6 grams of methamphetamine, 129 grams of fentanyl, a loaded Taurus Millennium G2 pistol, and $6,740. Barnhouse admitted that he intended to sell the methamphetamine and fentanyl, and that the cash was proceeds from drug transactions.

United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police and the Nicholas County Sheriff’s Department.

Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys  R. Gregory McVey and Julie M. White 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-85.

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HUNTINGTON, W.Va. – Jeremy Lee Pettry, 39, of Huntington, was sentenced today to seven years in prison, to be followed by four years of supervised release, for distributing 5 grams or more of methamphetamine.

According to court documents and statements made in court, on July 29, 2020, Pettry sold 28.13 grams of methamphetamine to a confidential informant in Huntington. On August 6, 2020, law enforcement officers executed a search warrant of Pettry’s 25th Street residence. Officers found 2.21 grams of cocaine, 15.73 grams of heroin, 5.78 grams of methamphetamine and a revolver. Pettry admitted that he possessed the controlled substances and intended to sell them. Pettry further admitted to selling approximately 30 ounces of methamphetamine in the months leading up to the search of his residence.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor 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. 3:21-cr-246.

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HUNTINGTON, W.Va. – Sylvester Roosevelt McNeil, also known as “Juan,” 50, of Detroit, Michigan, pleaded guilty today to distribution of fentanyl.

According to court documents and statements made in court, on August 27, 2022, McNeil sold approximately 1.3 grams of fentanyl to a confidential informant at a location on Nickel Plate Road in Huntington.

McNeil is scheduled to be sentenced on May 8, 2023, and faces a maximum penalty of 20 years in prison, 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 Federal Bureau of Investigation (FBI) and the Cabell County Sheriff’s Department.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF 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. Today, 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. 3:22-cr-165.

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HUNTINGTON, W.Va. – Desmond Devon Magee, also known as “Rich,” 27, of Detroit, Michigan, pleaded guilty today to distribution of a quantity of a mixture and substance containing a detectable amount of methamphetamine.

According to court documents and statements made in court, on October 18, 2022, Magee sold approximately 29 grams of methamphetamine to a confidential informant inside an Eighth Street business in Huntington.

Magee is scheduled to be sentenced on May 8, 2023, and faces a maximum penalty of 20 years in prison, 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 Federal Bureau of Investigation (FBI) and the Cabell County Sheriff’s Department.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams 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. 3:22-cr-210.

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BECKLEY, W.Va. – Athena Grizzle, 37, of Beckley, was sentenced today to eight months in prison, to be followed by three years of supervised release, for distributing a quantity of heroin.

According to court documents and statements made in court, on October 15, 2020, Grizzle sold a quantity of heroin to a confidential informant at a Shady Spring residence where she was staying. The West Virginia State Police Forensic Laboratory confirmed the controlled substance contained heroin and fentanyl.

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. 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.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Alex Hamner and Timothy D. Boggess 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. 5:22-cr-12.

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BECKLEY, W.Va. – Jamie Vass, 45, of Beckley, was sentenced today to 10 years in prison, to be followed by five years of supervised release, for distributing 5 grams or more of methamphetamine.

According to court documents and statements made in court, on February 7, 2022, Vass sold approximately 1 ounce of methamphetamine to a confidential informant at her Beckley residence. Vass further admitted to selling approximately 47 grams of methamphetamine to the confidential informant at her residence on March 27, 2022.

On April 5, 2022, law enforcement officers executed a search warrant at Vass’ residence and found quantities of methamphetamine and fentanyl, as well as a Ruger LC 9mm pistol, a Lorcin L22 .22-caliber pistol and $827. Vass admitted to telling the officers that she had been selling approximately 4 ounces of methamphetamine every four days and approximately 7 grams of fentanyl per week from December 2021 until her arrest on April 5, 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 Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Andrew D. Isabell and Alex Hamner 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. 5:22-cr-115.

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BECKLEY, W.Va. – David William McConnell, 39, of Charlotte, North Carolina, was sentenced today to 10 years in prison, to be followed by 25 years of supervised release, for traveling in interstate commerce to engage in illicit sexual conduct with a minor. McConnell must also register as a sex offender.

According to court documents and statements made in court, from May 15, 2022, until May 30, 2022, McConnell used the Kik messaging app, exchanged text messages and communicated by phone with a woman he believed to be a single mother of 11-year-old and 13-year-old daughters in Beckley, West Virginia. During these conversations, McConnell expressed interest in engaging in sexual activity with the two minor females and teaching the woman to engage in sexual acts with her daughters.

McConnell admitted to telling the woman that he planned to travel from his Charlotte residence to a Beckley hotel to meet her and the two minor females on May 30, 2022. McConnell further admitted to telling the woman that he planned to shower with each of the minor children and engage in sexual acts with both of them. On May 30, 2022, McConnell was arrested in Beckley.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) West Virginia Human Trafficking and Child Exploitation Task Force.

United States District Judge Frank W. Volk 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 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. 5:22-cr-124.

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CHARLESTON, W.Va. – Shawn David White, 41, of Parkersburg, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on November 8, 2018, law enforcement officers visited White’s residence while investigating a firearm theft and found a Winchester Model 12, 12-gauge shotgun, in White’s bedroom. White admitted to the officers that he possessed the shotgun.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White is prohibited from possessing a firearm because of his convictions for grand larceny and driving while license suspended or revoked for DUI-third offense in Wood County Circuit Court on February 10, 2017.

White is scheduled to be sentenced on May, 9, 2023, and faces a maximum penalty of 10 years in prison, 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 Parkersburg Police Department.

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Joshua Hanks 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. 2:22-cr-150.

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CHARLESTON, W.Va. – Michael James Peters, 42, of Concord, North Carolina, was sentenced today to one year in prison, to be followed by three years of supervised release, for lying to the United States Department of Agriculture regarding the Nicholas County coal he pledged as collateral for a $9 million USDA-backed business loan. Peters must also pay $1,375,000 in restitution and a $25,000 fine.

According to court documents and statements made in court, Peters was part owner, president, and operator of Taylor Rose Energy (TRE). On July 24, 2014, TRE obtained a $9,065,165 loan from a Georgia bank to buy out investors’ interest in approximately 146,954 tons of cannel coal in Dixie, Nicholas County. In support of the loan, TRE represented that it intended to convert the coal into “smokeless” coal briquettes for consumer coal-burning home heating systems in Ireland. The USDA Rural Development Business and Industry loan program guaranteed 90 percent of the loan.

By January 2015, Peters owed more than $1.3 million to the owner and operator of another coal company, Aces High Coal Sales Inc. of London, Kentucky. From February 2015 to April 2015, Peters allowed Aces High to remove more than 80,000 tons of the collateralized coal from the Dixie site to settle this debt. Peters was unable to repay the USDA-backed loan, and did not inform the Georgia bank that coal pledged as the loan’s collateral was being taken to address the debt to Aces High.

Peters told the Georgia bank that 90 percent of the coal was “missing” from the Dixie site. On May 8, 2015, representatives from the bank and the USDA visited the Dixie site to investigate the removal of the collateralized coal. Peters falsely told USDA and bank representatives that Aces High had removed the coal from the site without his permission. At the plea hearing, Peters admitted that he lied to the USDA representative during this site visit in order to redirect the focus of the investigation away from his own conduct.

Peters pleaded guilty to making a false statement to a representative of the United States Department of Agriculture. United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Agriculture-Office of Inspector General (USDA OIG).

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Andrew J. Tessman 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-159.

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CHARLESTON, W.Va. – Karen L. Hodges, also known as “Karen Igo,” “Karen Clay,” “Karen Richmond,” and “Karen Gessel,” 49, of St. Albans, pleaded guilty today to three counts of securities fraud.

According to court documents and statements made in court, Hodges admitted to having counterfeit checks created so they appeared to be payroll checks issued by Kroger. Between October 20, 2018, and December 19, 2018, Hodges presented and cashed three counterfeit payroll checks totaling $2,461.96 at Kroger locations within the Southern District of West Virginia. Hodges admitted that she has never worked for Kroger, and knew that she was deceiving them into giving her cash based on these counterfeit payroll checks.

Hodges further admitted to presenting and uttering numerous other counterfeit checks totaling $37,587.66 during the same time period at Kroger locations within the Southern District of West Virginia, as well as the Northern District of West Virginia, Indiana, Kentucky, Ohio and Virginia. Hodges also admitted to cashing two legitimate checks in her father’s name totaling $983.12 at Kroger locations within the Southern District of West Virginia.

Hodges is scheduled to be sentenced on May 3, 2023, and faces a maximum penalty of 30 years in prison, three years of supervised release, and a $750,000 fine. Hodges also owes $38,570.78 in restitution.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Secret Service.

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorneys Kristin F. Scott and Ryan A. Keefe 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. 2:22-cr-223.

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CHARLESTON, W.Va. – Austin Joseph Griffith, 22, of Hernshaw, was sentenced today to five years in prison, to be followed by five years of supervised release, for distributing 50 grams or more or methamphetamine.

According to court documents and statements made in court, Griffith admitted that he sold approximately 560 grams of methamphetamine for $4,000 to a confidential informant at his Hernshaw residence on December 13, 2021. Griffith sold quantities of fentanyl to a confidential informant at the same location on two separate occasions in March 2022. Following those transactions, officers executed a search warrant at Griffith’s residence on March 25, 2022, and recovered additional quantities of methamphetamine and fentanyl.       

United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Office.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe 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-147.

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CHARLESTON, W.Va. – Ernest Lee Alexander III, 33, of St. Albans, pleaded guilty today to bank fraud and possession of stolen mail matter.

According to court documents and statements made in court, on December 13, 2021, Alexander led law enforcement officers on a high-speed chase throughout western Kanawha County after they attempted a traffic stop of his vehicle in South Charleston. The chase ended when Alexander exited Interstate 77 at Tuppers Creek, lost control of his vehicle and crashed. Officers arrested Alexander and found stolen mail and a bank receipt in the vehicle. Alexander admitted that earlier that same day, he had used the identification information of the owner of the stolen mail to deposit a fraudulent check into the individual’s bank account and then withdraw $450 from the account.

Alexander is scheduled to be sentenced on May 9, 2023, and faces a maximum penalty of 30 years in prison, five years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Postal Inspection Service and the South Charleston Police Department.

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Ryan A. Keefe 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. 2:22-cr-201.

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BLUEFIELD, W.Va. – Terry Headen, 48, of Welch, was sentenced today to five years in prison, to be followed by five years of supervised release, for possession of a firearm in furtherance of a drug trafficking crime.

According to court documents and statements made in court, on November 10, 2021, Headen sold an amount of a controlled substance represented to be heroin to a confidential informant in Havaco. Headen admitted that he possessed an AR-15 style semiautomatic rifle during the drug transaction.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Southern Regional Drug and Violent Crime Unit.

Senior United States District Judge David A. Faber 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. 1:22-cr-177.

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CHARLESTON, W.Va. – Tiffany Bowlin, 33, of Charleston, pleaded guilty today to a scheme to defraud the Paycheck Protection Program (PPP) of $20,833 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, on April 27, 2021, Bowlin applied for a PPP loan for her purported sole proprietorship, a hair salon operating under the business name “Tiffany Bowlin.” Bowlin admitted that she falsely stated that “Tiffany Bowlin” was established in 2019, when it in fact was not a legitimate business and had not engaged in substantial business activities on or before February 15, 2020. Bowlin further admitted that she submitted a false IRS Form 1040, Schedule C, stating that “Tiffany Bowlin” received $106,600 in gross income in 2020.

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 Paycheck Protection Program. 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.

Bowlin submitted the loan application electronically from West Virginia and it was uploaded to servers in Kansas for processing. Bowlin’s loan application was approved and she received $20,833 via an electronic transfer to her personal bank account on May 13, 2021. Bowlin admitted that she spent the fraudulently obtained money to benefit herself personally and not for authorized business expenses.

On March 2, 2022, Bowlin applied to have the PPP loan forgiven even though she had not spent the loan proceeds on permissible business expenses. The SBA forgave Bowlin’s PPP loan on or about March 9, 2022.

Bowlin pleaded guilty to wire fraud and is scheduled to be sentenced on May 4, 2023. Bowlin faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine. Bowlin also owes $20,833 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), and the Litigation Financial Analyst with the U.S. Attorney’s Office.

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Ryan Blackwell 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. 2:22-cr-205.

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HUNTINGTON, W.Va. – Duke Orlando Geary, 39, of Kenova, pleaded guilty today to possession of a firearm in furtherance of a drug trafficking crime.

According to court documents and statements made in court, on January 30, 2020, law enforcement officers searched Geary’s Kenova residence. Geary admitted to possessing approximately 88 marijuana plants, 25 pounds of marijuana, a Taurus .22-caliber revolver, and ammunition found by officers during the search. Geary further admitted that he intended to sell the marijuana and possessed the firearm to protect the marijuana and the sales proceeds.

Geary is scheduled to be sentenced on May 1, 2023, and faces a mandatory minimum of five years and up to life in prison, five years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Violent Crime and Drug Task Force West.

United States District Judge Robert C. Chamber presided over the hearing. Assistant United States Attorney Stephanie S. Taylor 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. 3:22-cr-233.

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CHARLESTON, W.Va. – United States Attorney Will Thompson of the Southern District of West Virginia invites the media to attend the public portion of a human trafficking training workshop on Tuesday, January 31, 2023, from 10 a.m. to 11:15 a.m. at the University of Charleston.

After opening remarks by Thompson and leadership from the U.S. Department of Homeland Security-Homeland Security Investigation (HSI), their respective offices will provide an overview of human trafficking in West Virginia.

Other participants include the West Virginia Fusion Center, the West Virginia Center for Children’s Justice, and the West Virginia State Police. The remainder of the workshop is reserved for law enforcement and other registered stakeholders.

WHAT:  Combatting Human Trafficking in West Virginia: Bringing Our Communities Together for Response, Prevention, Awareness and Action

WHEN: Tuesday, January 31, 2023, from 10 a.m. to 11:15 a.m.

WHERE: University of Charleston, Geary Student Union Ballroom, Third Floor, 2300 MacCorkle Avenue, SE, Charleston.

 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.

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HUNTINGTON, W.Va. – Melvin Theophilius Hill, 38, of Ashland, Kentucky, was sentenced today to five years and four 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 May 2, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Hill near 13th Street and Ninth Avenue in Huntington. Officers searched the vehicle and found a loaded FN 509 9mm handgun in the passenger seat rear pocket. Hill admitted to possessing the firearm and placing it where officers found it during the search.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Hill knew he was prohibited from possessing a firearm because of his prior felony convictions in Boyd County, Kentucky, Circuit Court for second-degree robbery on May 9, 2008, and first-degree possession of a controlled substance on January 12, 2011.

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 imposed the sentence. Assistant United States Attorney Courtney L. Cremeans 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. 3:22-cr-134.

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HUNTINGTON, W.Va. – Akale Jamel Green, 54, of Huntington, was sentenced today to three years in prison, to be followed by three years of supervised release, for distribution of heroin.

According to court documents and statements made in court, on June 15, 2020, Green sold approximately 1.42 grams of heroin to a confidential informant while parked at a Hurricane shopping plaza. The Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory confirmed the controlled substance contained heroin and fentanyl.

Green further admitted to aiding and abetting the sale of approximately 1 gram of heroin and fentanyl to a confidential informant at a Hurricane residence on June 9, 2020, and to selling approximately 1.33 grams of heroin and fentanyl to a confidential informant in Huntington on June 23, 2020. On July 22, 2020, law enforcement officers executed a search warrant at a Doulton Avenue residence in Huntington and found a quantity of a heroin and fentanyl mixture and digital scales. Green admitted to possessing the heroin and fentanyl mixture and that he intended to distribute it.

United States Attorney Will Thompson made the announcement and commended the investigative work of the DEA and the West Virginia State Police Ona Violent Crime and Drug Task Force West.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Courtney L. Cremeans 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. 3:22-cr-100.

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BECKLEY, W.Va. – Krystle Elaine Cresce, 34, of Glen Morgan, was sentenced today to seven years and six months in prison, to be followed by three years of supervised release, for aiding and abetting the possession with intent to distribute heroin and methamphetamine. Tyrone Douglas Amar, 46, of Beckley, encountered during the same incident, pleaded guilty to possession with intent to distribute fentanyl and a mixture and substance containing methamphetamine.

According to court documents and statements made in court, on November 8, 2021, law enforcement officers executed a search warrant at a Beckley hotel room where Cresce was staying. During the search, officers found quantities of methamphetamine, fentanyl, heroin, $917, and three firearms: a SCCY, Model CPX-2 9mm semi-automatic pistol; a Springfield Armory, Model 911, 9mm semi-automatic pistol; and a Mossburg, Model 500, 12-gauge shotgun. Cresce admitted that she worked with and assisted Amar in the possession and distribution of the heroin and methamphetamine.

Officers encountered Amar in the hallway near Cresce’s hotel room during the search and took him into custody. Amar admitted that he possessed approximately 59 grams of fentanyl, 45 grams of methamphetamine and more than $2,850 found by officers on his person. Amar further admitted that he intended to distribute the controlled substances.

Amar is scheduled to be sentenced on May 12, 2023, and faces a maximum penalty of 20 years in prison, 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 Beckley/Raleigh County Drug and Violent Crime Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, and Beckley City Police Department.

United States District Judge Frank W. Volk presided over the hearings. Assistant United States Attorneys Alex Hamner, Timothy D. Boggess and Andrew D. Isabell prosecuted the cases.

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. 5:21-cr-265 and 5:23-cr-8.

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BECKLEY, W.Va. – Gregory Kincaid, 30, of Cool Ridge, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on April 7, 2022, law enforcement officers were executing a search warrant at a Cool Ridge residence when Kincaid arrived at the residence in a vehicle. When officers removed Kincaid from the vehicle, Kincaid admitted that he possessed a Smith & Wesson, model M&P Shield, 9mm pistol. Kincaid further admitted that he told officers he had stolen the firearm from his father and had brought it to the residence being searched to sell or trade for controlled substances.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kincaid knew he was prohibited from possessing a firearm because of his prior felony conviction for third-offense driving revoked for DUI in Raleigh County Circuit Court on November 25, 2020.

Kincaid is scheduled to be sentenced on May 12, 2023 and faces a maximum penalty of 10 years in prison, 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), the Beckley/Raleigh County Drug and Violent Crime Unit, and the Raleigh County Sheriff’s Department.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Andrew D. Isabell 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. 5:22-cr-192.

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BECKLEY, W.Va. – David Jeffrey Edwards, 46, of Daniels, pleaded guilty today to possession with intent to distribute methamphetamine and fentanyl.

According to court documents and statements made in court, on February 24, 2022 law enforcement officers executed a search warrant at Edwards’ residence in Daniels. Edwards admitted to possessing 19 grams of methamphetamine packaged in nine separate small bags, 1 gram of fentanyl and $958 found during the search. Edwards further admitted that he intended to distribute the controlled substances.

Edwards also admitted to selling a half-ounce of fentanyl to a confidential informant at his residence on December 12, 2021. Edwards told officers during the February 24, 2022, search that he had been selling an average of a half-ounce of methamphetamine weekly for several weeks. Officers also found an improvised explosive device during the search, a glass bottle filled with gunpowder, metal spheres, projectiles and other objects with a length of cordage inserted in the bottle opening as a means of ignition. Edwards admitted that he made the improvised explosive device.

Edwards is scheduled to be sentenced on May 12, 2023, and faces a maximum penalty of 20 years in prison, 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.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Andrew D. Isabell 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. 5:22-cr-125.

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CHARLESTON, W.Va. – A St. Charles, Missouri, couple pleaded guilty today after unlawfully obtaining $26,917 in unemployment benefits provided for by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Pandemic Unemployment Assistance (PUA) program.

Rhonda Notgrass, 45, pleaded guilty to theft of government property, and Robert Notgrass, 51, pleaded guilty to aiding and abetting the theft of government property.

The CARES Act provided for a temporary emergency increase in unemployment compensation benefits, referred to as the Federal Pandemic Unemployment Compensation Program (FPUC). The CARES Act also created the PUA program, which provided unemployment benefits to individuals not eligible for regular unemployment compensation or extended unemployment benefits. The FPUC and PUA programs are collectively referred to as pandemic unemployment benefits and even though these benefits are administered by the states, they are funded in part by the federal government.

The couple resided in Washington, West Virginia, when Robert Notgrass was employed as a pastor of a local church from before January 1, 2018, until he was released from his position on June 1, 2020. On August 15, 2020, Rhonda Notgrass applied for pandemic unemployment benefits with WorkForce West Virginia, the agency that administers the pandemic unemployment benefits for West Virginians. Rhonda Notgrass falsely claimed that she was unemployed as a direct result of a pandemic or major disaster. Robert Notgrass helped his wife complete the application and submitted a letter on her behalf in furtherance of the false claim.

On September 16, 2020, Rhonda Notgrass received a pandemic unemployment benefits payment from WorkForce West Virginia that included federal monies from the CARES Act. Rhonda Notgrass admitted that she received approximately $14,150 in pandemic unemployment benefits that she further admitted she knew she was not entitled to receive. Robert Notgrass admitted to wrongly receiving $12,767 in pandemic unemployment benefits.

Rhonda Notgrass and Robert Notgrass are scheduled to be sentenced on May 18, 2023. Each faces a maximum penalty of one year in prison, one year of supervised release, and a $100,000 fine. Rhonda Notgrass and Robert Notgrass each agree that they owe restitution totaling $26,917.

United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Labor - Office of Inspector General (OIG) and WorkForce West Virginia.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Kathleen Robeson 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 Nos. 2:23-cr-16 and 2:23-cr-17.

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