Southern District of West Virginia

BECKLEY, W.Va. – A Beckley woman and a Columbus, Ohio man pled guilty today for their participation in a drug trafficking operation in Raleigh County, announced United States Attorney Mike Stuart. Stephanie McClung, 48, and Jason Johnson, 31, both entered guilty pleas to conspiracy to distribute 50 grams or more of a substance containing methamphetamine.   McClung and Johnson were charged as a result of a long-term investigation known as Operation Shutdown Corner. 

“Operation Shutdown Corner dismantled a multi-state meth pipeline from California to West Virginia,” said United States Attorney Mike Stuart.  “McClung and Johnson were two of the 17 individuals charged as a result of the investigation.”

McClung admitted that between June 2018, and September 17, 2019, she worked with other members of a drug trafficking organization (DTO) operating in Raleigh County, West Virginia to distribute methamphetamine.  McClung admitted that during this time period she was supplied with distribution amounts of controlled substances from various members of the DTO.  She also admitted to selling the controlled substances, which included methamphetamine and heroin, to individuals that she now understands were working with law enforcement as confidential informants.  She further admitted to allowing another member of the DTO to have controlled substances delivered to her address.  She admitted to allowing this on at least two separate occasions.  On one occasion approximately one pound of methamphetamine was delivered and on a second occasion a quantity of heroin was delivered to her address. 

Jason Johnson admitted that between June 2018, and September 17, 2019, he participated in the drug trafficking organization by supplying Stephanie McClung and others with distribution amounts of methamphetamine and heroin.  During this time period, Johnson admitted to selling more than 50 grams of a substance containing methamphetamine to McClung knowing it was her plan and purpose to re-distribute those drugs in and around Raleigh County and the Southern  District of West Virginia.  Johnson admitted to meeting with McClung several times a week to supply her with drugs. 

Stuart commended the cooperative investigative efforts of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department, and the West Virginia State Police. 

Both McClung and Johnson face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000 fine when they are sentenced on April 20, 2020. 

Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecutions.  The plea hearing was held before United States District Judge Frank W. Volk.

 

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HUNTINGTON, W.Va. – A Huntington man pled guilty to a federal drug conspiracy and a gun crime,  announced United States Attorney Mike Stuart.  George Lockhart, 44, pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl and being a felon in possession of a firearm.

“Lockhart was a felon conspiring with others to distribute deadly heroin and fentanyl in Huntington,” said United States Attorney Mike Stuart.  “This is yet another successful law enforcement operation that dismantled a drug trafficking network.”

Lockhart admitted that between December 2018 and May 2019 he conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia.  Lockhart admitted other individuals sold drugs for him at his direction.  He also admitted to possessing a firearm during a search warrant in May 2019.  He was prohibited by federal law to possess a firearm because he had been convicted of Voluntary Manslaughter in January 2011. 

Lockhart faces up to thirty years in prison when he is sentenced on April 6, 2020.

Operation Free Market was a long-term drug investigation in the Huntington area.  The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

The plea hearing was held before United States District Judge Robert C. Chambers.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

 

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HUNTINGTON, W.Va. – A Huntington felon caught with multiple firearms last year was sentenced today to 114 months in federal prison, announced United States Attorney Mike Stuart.  Randall Allen Eplion, Jr., 30, previously pled guilty to felon in possession of a firearm.  

“Prosecutions like this are vital to public safety,” said United States Attorney Mike Stuart.  “Eplion, a felon, was in possession of 21 firearms, including a machine gun.  He traded meth for several of them.  We continue to work closely with ATF and other law enforcement partners to enforce guns laws aimed at keeping guns out of the hands of felons and other prohibited persons.”

“ATF is committed to working with our law enforcement partners to protect communities from the illegal use of firearms and the often resulting violent crime,” stated ATF Acting Special Agent in Charge Tommy Estevan of the Louisville Field Division.  “Taking stolen guns, including a machine gun, out of the hands of a convicted felon will go a long way toward making our neighborhoods safer for everyone.”

Eplion admitted that, on April 5, 2019, officers with the Huntington Police Department executed a search warrant at his residence located at 427 Rear 6th Avenue, Apartment E, in Huntington.  During the search, officers found Eplion in possession of a number of firearms including a .45 caliber pistol, a 5.56 mm rifle, and a 12 gauge shotgun.  Eplion was prohibited from possessing firearms based on a prior conviction for first degree robbery in Cabell County. 

Eplion admitted as part of his plea that he possessed a total of 21 firearms that officers located during the search.  Some of the firearms were stolen, including a weapon stolen from a police cruiser.  Eplion admitted that he traded methamphetamine for a number of the firearms.  Eplion also admitted that the 5.56 mm rifle qualified as a machinegun, the 12 gauge shotgun qualified as a short-barrel shotgun, and that neither of the firearms were registered as required by federal law. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

 

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BECKLEY, W.Va. – A Greenbrier County man pled guilty to a gun crime,  announced United States Attorney Mike Stuart.  Jonathan Felts, 30, of Smoot, pled guilty to being a felon in possession of a firearm.

Felts admitted that on August 16, 2018, he was a passenger in a motor vehicle driving on Route 20 in Summers County, West Virginia. The vehicle was stopped because the registration plates were not visible. The deputy sheriff could smell burnt marijuana emanating from the vehicle. The deputy had each occupant exit the vehicle. In Felts’ backpack, deputies located a Springfield Armory XDS, .40 caliber six round magazine, numerous empty baggies used in the distribution of controlled substances, a blue digital scale, and approximately three grams of a white crystal substance.

Upon further search of the vehicle, deputies located a Glock, model 27, .40 caliber pistol under the passenger seat and a Springfield Armory XDS, .40 caliber pistol stuffed underneath the cushion of the back seat.

The Springfield Armory XDS, .40 caliber six round magazine that was located in a lock box contained in Felts’ red back pack fit the Springfield Armory XDS, .40 caliber pistol.

Felts was convicted on September 4, 2014, in the Circuit Court of Greenbrier County of Delivery of a Controlled Substance - Oxymorphone. He was convicted on December 22, 2015, in the Circuit Court of Greenbrier County of Burglary.

Felts faces up to ten years in prison when sentenced on April 20, 2020.

The Summers County Sheriff’s Department, the Summers County Prosecutor’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.  United States District Judge Frank W. Volk presided over the hearing.  Assistant United States Attorney Ryan A. Saunders is handling the prosecution.

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

 

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CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart.  Robert Thomas, also known as “Zombie,” was sentenced to 15 years in prison for possession with intent to distribute methamphetamine.  He was also ordered to serve a term of five years on supervised release.

“Thomas had a significant amount of meth and an arsenal of firearms,” said United States Attorney Mike Stuart.  “And now he’ll be serving many years – 15 years – in federal prison.  I am forever appreciative of the work our law enforcement partners do to remove dangerous drug dealers like Thomas from our streets.  As a result of their work, we can sleep more soundly at night.”

“Drug dealers with guns are violent criminals who pose an increased threat to the safety of our communities,” stated ATF Acting Special Agent in Charge Tommy Estevan of the Louisville Field Division. “Our ongoing partnerships with local, state, and federal law enforcement not only are a wise use of resources, but are getting measurable results for the citizens of West Virginia.” 

Thomas previously admitted that on January 17, 2017, law enforcement officers executed a search warrant at his residence on Joseph Street in Charleston. Detectives located 989 grams of methamphetamine and the following firearms: Masterpiece Arms, 9mm caliber pistol; Kimber, model micro carry, .380 caliber pistol; Russian, model SKS, 7.62 caliber rifle; and, Springfield Armory, model SOCOM 16, .308 caliber rifle. Thomas admitted to possessing the firearms to protect himself and the drugs. He further admitted to possessing the methamphetamine with the intention of distributing it.

The Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.   Senior United States District Judge David A. Faber imposed the sentence.  Assistant United States Attorney Ryan A. Saunders handled the prosecution.

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

 

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HUNTINGTON, W.Va. – An Apache Junction, Arizona man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart.  Clint Gentile, 39, was sentenced to 90 months in prison for possession with intent to distribute methamphetamine and heroin. 

“The work of the West Virginia State Police and other law enforcement agencies that patrol our highways is critical to our drug enforcement efforts,” said United States Attorney Mike Stuart.   “These law enforcement officers are often the  first to identify and apprehend drug dealers like Gentile and seize the poisons they intend to peddle.”

Gentile previously admitted that he was traveling on I-64 in Cabell County when the vehicle he was in was pulled over by the West Virginia State Police.  Troopers searched the vehicle and found 552 grams of methamphetamine and 11 grams of black tar heroin.  Gentile admitted that he intended to sell the drugs. 

The West Virginia State Police Task Force West conducted the investigation.   They were assisted by the Potomac Highlands Drug & Violent Crimes Task Force in the Northern District of West Virginia.  United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie Taylor handled the prosecution.

 

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CHARLESTON, W.Va. – A Detroit, Michigan man was sentenced to federal prison for distribution of oxycodone and oxymorphone, announced United States Attorney Mike Stuart.  Ricky Walker was sentenced to 30 months in prison followed by a three year term of supervised release for distributing both drugs to an undercover Drug Enforcement Administration Task Force Officer on November 2, 2012 on the parking lot of the Comfort Inn in Cross Lanes.

“Another Detroit drug dealer is on his way to federal prison for peddling opiates in West Virginia,” said United States Attorney Mike Stuart.  “We continue to work with a sense of urgency to hold poison peddlers like Walker accountable.”

Walker previously pled guilty in October 2019, admitting that he knowingly distributed the drugs, which he had transported from Detroit to the Comfort Inn parking lot in Cross Lanes, to someone who he later learned was an undercover law enforcement officer. 

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. The Drug Enforcement Administration conducted the investigation.  Assistant United States Attorney John J. Frail handled the prosecution.

 

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Related Charleston Pharmacy Previously Shut Down

Pharmacy Agrees to Pay A Total of $250,000 in Community Restitution and Forfeiture

CHARLESTON, W.Va. – A pharmacy located in Alum Creek in Lincoln County pled guilty to money laundering, announced United States Attorney Mike Stuart.  The money laundering charge arose out of a conspiracy between the pharmacy and a pain clinic operating as a pill mill to dispense compound opioids for no legitimate medical purpose and outside the bounds of professional medical practice.

“Meds2Go Express Pharmacy is being held accountable for its role in contributing to West Virginia’s opioid crisis,” said United States Attorney Mike Stuart.  “This pharmacy put profits before all else and caused great  harm to the communities it served.  Prosecuting poison peddlers, whether they be a street dealer, drug kingpin, a medical professional or a corporation, has been and will continue to be, a priority for my office.”

In a plea agreement reached with the United States, Meds2Go Express Pharmacy, Inc. will shut down and pay community restitution for the costs associated with drug abuse treatment in West Virginia to redress the harm caused by illicit opioid usage stemming from the sale of prescription opioids.

Meds2Go Express Pharmacy, Inc. admitted that in 2014 and 2015, it filled prescriptions written by physicians employed by a pill mill despite its knowledge that there was no legitimate medical purpose for the prescriptions and that they were prescribed outside the usual course of medical practice. In order to maximize corporate profits, the pharmacy ignored numerous red flags that should have prevented them from dispensing the prescription medications written by the pill mill, such as: (1) an abnormally high amount of prescriptions for widely-abused, highly-addictive controlled substances such as oxycodone; (2) prescribed controlled substances to patients for long periods of time; (3) permitted refills before prior prescriptions should have run out; (4) ignored obvious signs that patients were drug addicts; (5) patients travelled long distances and from out of state; (6) multiple pill mill physicians issued prescriptions to the same patient; (7) numerous family members who were all patients of the pill mill, came to the pharmacy at the same time; (8) insurance companies refused to pay for prescriptions from the pill mill; and (9) cash-only transactions.

Meds2Go Express Pharmacy, Inc. admitted that it engaged in illegal manufacturing of its own supply of oxycodone and methadone due to supply and demand by “compounding” pills in mass quantities at its locations Alum Creek and Charleston. Due to the excessive amount of prescriptions for controlled substances written by the pill mill, the pharmacy could not obtain enough of a supply of oxycodone and methadone from its distributors. In order to keep up with the demand, the pharmacy bypassed purchase restrictions from the distributor by setting up and purchasing compounding equipment, training its employees to compound pills on a mass scale, purchasing powders and other raw materials, and manufacturing pills containing oxycodone and methadone. The compounded pills were then sold to cash-paying customers who had prescriptions written by the pill mill. The pharmacy used the proceeds from the illegal manufacturing and dispensing to carry on the operations of business.

As part of the plea agreement with the United States, Meds2Go Express Pharmacy, Inc. agreed that it will shut down and pay $250,000 toward community restitution and a forfeiture money judgment. The community restitution will be paid for the costs associated with drug abuse treatment in West Virginia to redress the harm caused by illicit opioid usage stemming from the sale of prescription opioids.  The West Virginia Crime Victim's Compensation Fund will receive 65% of the community restitution amount, and 35% will be paid to West Virginia Department of Health and Human Resources, Bureau of Behavioral Health and Health Facilities.

United States District Judge Irene C. Berger presided over the hearing.  The investigation was conducted by the U.S. Food and Drug Administration – Office of Inspector General (OIG) and the U.S. Department of Health and Human Services – Office of Inspector General (OIG).  Assistant United States Attorneys Andrew Tessman and Steven I. Loew are handling the prosecution.

The plea agreement in this case can be found

here .

 

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HUNTINGTON, W.Va. – A Huntington man was sentenced to federal prison for a gun crime, announced United States Attorney Mike Stuart.  Jeremy Adam Bartram, 27, was sentenced to 51 months in prison for being a felon in possession of a firearm. 

Bartram previously admitted that on July 6, 2019 he was pulled over by the West Virginia State Police in the area of 16th Street Road in Huntington.  He admitted that there was a handgun in the bag at his feet in the vehicle.  Bartram was prohibited from possessing a firearm because of his felony conviction for Arson in the Third Degree in Wayne County, West Virginia. 

The West Virginia State Police conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie Taylor handled the prosecution.

 

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CHARLESTON, W.Va. – A federal jury convicted Paul William Martin, 34, of South Charleston, yesterday after a two-day trial, announced United States Attorney Mike Stuart. The jury found Martin guilty of being a felon in possession of a firearm on October 12, 2018.

“Martin had a laundry list of previous state and federal felony convictions,” said United States Attorney Mike Stuart.  “Achieving convictions in felon in possession cases is critical to public safety by keeping guns out of the wrong hands. I want to thank the investigators and my prosecutors for their exemplary work in this case.”   

Martin was previously indicted on being a felon in possession of a firearm due to previous convictions for possession of a stolen vehicle, forgery, daytime burglary, and fraudulent use of an access device in Kanawha County, West Virginia.  Martin also had a previous federal conviction for being a felon in possession of a firearm in the Southern District of West Virginia.  At trial, evidence revealed Jason Buzzard had picked up Martin at the Sheetz gas station in order to sell him firearms.  Martin and Buzzard were stopped by officers with the South Charleston Police Department, who were able to locate and recover a .25 semi-automatic handgun and a .22 caliber revolver.   

Buzzard pled guilty on September 23, 2019, and faces up to ten years in prison when sentenced on January 6, 2020.  Martin faces up to ten years in prison when sentenced on March 11, 2020.    

The investigation was conducted by the South Charleston Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  

United States District Judge Joseph R. Goodwin presided over the trial.  Assistant United States Attorneys L. Alexander Hamner and Andrew Tessman handled the prosecution.

 

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CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart.  Jalen Scruggs, 24, was sentenced to 46 months in prison and three years of supervised release for possession with the intent to distribute methamphetamine.

“MDENT’s investigation kept 187 grams of meth from making it out on the streets of Charleston,” said United States Attorney Mike Stuart.  “And now this meth dealer will be spending almost four years in federal prison.”

Scruggs previously admitted that he possessed 187 grams of methamphetamine, packaged in eight separate bags, that he intended to sell.  During the course of an investigation, law enforcement officers executed a search warrant on Scruggs’ home, where they found the methamphetamine already packaged for sale.    

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation.   United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Chris Arthur handled the prosecution.

 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:

“Every citizen deserves to live without fear of violence.  Under Attorney General Barr’s leadership, the Department of Justice has implemented an “all hands on deck” approach to making communities safer.  The men and women in blue, who willingly put themselves in harm’s way every day to protect each of us, can be just as confident in this administration’s backing of law enforcement.  The launch of Operation Relentless Pursuit demonstrates the Department’s boundless commitment to combatting violent crime in cities throughout the country that continue to be plagued by it.  The Operation further demonstrates our commitment to federal, state and local law enforcement by supporting them with additional manpower and financial resources to fight violent crime.  While we are fortunate that West Virginia cities have not experienced increases in violent crime as have other areas in the country, West Virginians must also know that this United States Attorney is proud to stand beside Attorney General Barr and our federal, state and local law enforcement partners to continue the fight against violent crime in our communities and support those working so valiantly to protect and serve.”

For more information on Operation Relentless Pursuit, please see the Department of Justice press release below.

 

 

The United States Department of Justice

FOR IMMEDIATE RELEASE

 

WWW.JUSTICE.GOV/NEWS

WEDNESDAY, DECEMBER 18, 2019

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ATTORNEY GENERAL WILLIAM P. BARR ANNOUNCES LAUNCH OF OPERATION RELENTLESS PURSUIT

The Operation Will Surge Federal Law Enforcement Resources into Seven of America’s Most Violent Cities

WASHINGTON – Today, Attorney General William P. Barr announced the launch of Operation Relentless Pursuit, an initiative aimed at combating violent crime in seven of America’s most violent cities through a surge in federal resources.

Joined at a press conference in Detroit, Michigan, by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Acting Director Regina Lombardo, Drug Enforcement Administration (DEA) Acting Administrator Uttam Dhillon, FBI Director Christopher A. Wray, and U.S. Marshals Service Director Donald W. Washington, Attorney General Barr pledged to intensify federal law enforcement resources into Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee – seven American cities with violent crime levels several times the national average.

“Americans deserve to live in safety,” said Attorney General William P. Barr. “And while nationwide violent crime rates are down, many cities continue to see levels of extraordinary violence. Operation Relentless Pursuit seeks to ensure that no American city is excluded from the peace and security felt by the majority of Americans, while also supporting those who serve and protect in these communities with the resources, training, and equipment they need to stay safe.”

“The men and women of ATF are deeply committed to and focused on reducing crime gun violence in our communities,” said ATF Acting Director Regina Lombardo. “We are proud that our efforts have significantly contributed to the historic reductions in violence that our nation has realized in recent years. Operation Relentless Pursuit combines the resources of ATF, DEA, FBI, and U.S. Marshals to support our state and local law enforcement partners in those cities that – regrettably – continue to be plagued by rates of violent crime that are simply too high. Through Relentless Pursuit, we pledge to hold accountable the trigger-pullers, firearm traffickers, violent criminals and those who supply them the guns to terrorize our communities. ATF will aggressively utilize every available tool, including our crime gun enforcement teams, National Integrated Ballistic Information Network and firearms tracing to identify, investigate and support the prosecution of the most violent firearm offenders.”

“Drug traffickers – including cartels and street gangs – will stop at nothing to turn a profit, often using violence and intimidation to expand their reach,” said DEA Acting Administrator Uttam Dhillon. “This targeted surge of resources will further strengthen our ability to work with our federal, state, and local partners to pursue the worst offenders and make our communities safer.” 

“The FBI remains committed to providing our specialized expertise and resources to assist our federal, state and local partners fighting violent crime,” said FBI Director Christopher A. Wray. “We are here today to reaffirm our dedication to reducing violent crime in the cities selected for Operation Relentless Pursuit to combat the threats that arise from gangs and criminal enterprises that drive violence in the communities we are sworn to protect.”

“The U.S. Marshals Service is proud of the integral role we play in supporting Attorney General Barr’s strong leadership and commitment to combating violent crime and enhancing public safety throughout our nation,” said U.S. Marshals Service Director Donald W. Washington. “We will continue to work with our local, state, and federal partners to make communities safer by addressing violent crime at its core and taking the worst of the worst fugitives and other felons off the streets.”

The operation will involve increasing the number of federal law enforcement officers to the selected cities, as well as bulking up federal task forces through collaborative efforts with state and local law enforcement partners. The surge in federal agents will be complemented by a financial commitment of up to $71 million in federal grant funding that can be used to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology.  

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19-1421

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that four men appeared in federal court before Senior United States District Judge John T. Copenhaver, Jr. to enter guilty pleas and then receive sentences.

“These four defendants have 11 prior removals between them,” said United States Attorney Mike Stuart.  “That is 11 times they’ve skipped line.  No one likes a line skipper- not at Disney World and not at our border.  They need to follow the necessary process to legally enter the United States.”

Felix Hernandez, Jose Avila-Salmeron, Jorge Lanche-Bustos, and Pastor Lara-Parez, each entered a plea of guilty to the felony offense of illegally reentering the United States.  After entering guilty pleas, the Court proceeded directly to the sentencing phase of the proceedings.  Felix Hernandez received a sentence of six months incarceration, Jose Avila-Salmaron and Lanche-Bustos received sentences of “credit for time served” and Pastor Lara-Perez received eight months federal incarceration.  At the conclusion of their sentence of federal incarceration, they will be immediately remanded to the custody of the Department of Homeland Security for removal proceedings.  They have all been in federal custody since September 5, 2019.  The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) and assisted by the Montgomery Police Department.

On September 5, 2019, all four men were found in Montgomery, Kanawaha County, West Virginia.  Federal agents with ICE had received information from the Montgomery Police Department that the men were working on a railroad project and were not United States citizens.  ICE agents investigated the information, corroborated the details, and subsequently located the four men at the described location.  ICE agents approached the four men and requested identification from them.  All four men produced foreign identification documents and immediately admitted that they were not in the United States legally.  They also had no identification documents permitting them legal status.  ICE agents took the four men into federal custody. Fingerprinting matched all four men to prior removals from the United States and all four had prior removals from the United States to Mexico.   None of the men had obtained permission to legally enter the United States and had not sought legal status or citizenship.  All four further admitted to ICE agents that they were Mexican citizens.

Felix Hernandez, 39, had a prior New Jersey felony drug conviction from 2007 and was removed from the United States to Mexico after this felony conviction.  Jose Avila-Salmaron, 44,  had two prior removals from the United States to Mexico in 2010 and 2017.  Jorge Lanche-Bustos had two prior removals from the United States to Mexico in 2015 and 2016.  Pastor Lara-Perez, 38, had six prior removals from the United States to Mexico including three removals in 2010, and one in each of the years 2013, 2015, and 2016.

Senior United States District Judge John T. Copenhaver, Jr., presided over all of the hearings. Assistant United States Attorney Erik S. Goes is responsible for the prosecutions.  

 

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A medical doctor who practiced in West Virginia was sentenced to prison today for his role in unlawfully distributing opioids.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Mike Stuart of the Southern District of West Virginia and Acting Special Agent in Charge Daniel D. Dodds of the Drug Enforcement Administration’s (DEA) Louisville Division made the announcement.

U.S. District Judge John T. Copenhaver Jr. of the Southern District of West Virginia sentenced Jeffery Addison, M.D., 65, of Charleston, West Virginia, to 18 months in prison followed by three years of supervised release.  Addison pleaded guilty in September 2019 to one count of distribution of oxycodone.

Pursuant to his guilty plea, Addison admitted that in December 2018 he surrendered his DEA license due to his failure to comply with the federal requirements pertaining to his controlled substance prescriptions.  After surrendering his license, between January 2018 and March 2019, Addison continued to distribute oxycodone, a Schedule II controlled substance, to patients without a valid DEA license.

The DEA investigated the case.  Assistant Chief Kilby Macfadden and Trial Attorney Andrew B. Barras of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills. 

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

CHARLESTON, W.Va. – A Columbus, Ohio man was sentenced to federal prison for federal drug distribution and firearm offenses, announced United States Attorney Mike Stuart.  D’ Alfonza Mikell, 27, was sentenced to 106 months in prison for possession with intent to distribute methamphetamine and heroin, and carrying a firearm in furtherance of a drug trafficking crime. His imprisonment is to be followed by 36 months of supervised release. 

“Mikell was a gun-toting, poly-drug dealer from Columbus that made the mistake of peddling his poisons in Charleston,” said United States Attorney Mike Stuart.  “As a result of MDENT’s great work, he will now be spending a significant time in federal prison for his crimes.”

Mikell previously admitted that on January 10, 2019,  detectives with the Metro Drug Enforcement Network Team (MDENT) stationed themselves around the McDonald’s parking lot of Washington Street East, in Charleston.  They had been warned that Mikell had come from Ohio and would be conducting a drug transaction that morning.  A white pickup truck, with Mikell and three other individuals inside, pulled in and parked.  Detectives watched as the defendant met with a confidential source.  After meeting with the confidential source,  MDENT detectives approached the truck in which Mikell was seated.  Mikell was ordered out of the truck and at that time, detectives observed a Smith & Wesson .40 caliber pistol hidden underneath his leg.  The defendant also had over 25 grams of methamphetamine and 2 grams of heroin inside his jacket pocket.  Digital scales, 13 more grams of methamphetamine, and 2 more grams of heroin were inside the truck’s console. 

The Metro Drug Enforcement Network Team conducted the investigation.   Senior United States District Judge David A. Faber imposed the sentence.  Assistant United States Attorneys L. Alexander Hamner and Erik Goes handled the prosecution.

 

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CHARLESTON, W.Va. – A former West Virginia correctional officer, John Edward Roach II, was sentenced to federal prison today for a drug crime, announced United States Attorney Mike Stuart.  John Roach, 47, of St. Albans, was sentenced to 46 months in prison for possession with intent to distribute methamphetamine. 

“A disgraceful breach of public trust,” said United States Attorney Mike Stuart.  “As a long-time correctional officer, Roach knew firsthand the dangers drugs pose in the prisons and ignored them.   Those who violate the public’s trust will be held accountable.  If I’ve said it once, I’ve said it a million times, there’s no such thing as a little bit of public corruption.”   

In early April 2019, an inmate at the South Central Regional Jail paid Roach $2,000 to smuggle contraband into the jail.    Law enforcement then arranged a sting operation.  On April 11, 2019, Roach met with an undercover agent and received a $2,000 payment and four ounces of methamphetamine.  Roach was quickly arrested before he could transport the methamphetamine to the jail.

The Drug Enforcement Administration, the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the St. Albans Police Department and the Boone County Sheriff’s Department conducted the investigation.   United States District Court Judge Joseph Goodwin imposed the sentence.  Former Assistant United States Attorney Drew Inman and Assistant United States Attorney Kathleen Robeson handled the prosecution.

 

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Charleston, W.Va. – Three defendants were sentenced to federal prison today for gun crimes, announced in United States Attorney Mike Stuart.   

“We are prosecuting record numbers of gun crimes aimed at keeping guns out of the wrong hands,” said United States Attorney Mike Stuart.  “If you violate federal gun laws, whether you are a prohibited person, a gun-toting drug dealer, you steal firearms or possess illegal weapons, we will prosecute you to the fullest extent of the law.”

Jeffery Turley, 31, of Lincoln County, was sentenced to 84 months in prison for using an unregistered sawed off shotgun when he stole a car.  Turley previously admitted that he possessed a sawed off shotgun that was not registered with the National Firearms Registration and Transfer Record.  Turley had a long history of prior convictions and was prohibited from being in possession of a gun.  The Lincoln County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, and Firearms (ATF) conducted the investigation.   United States District Judge Irene Berger presided over the hearing.  Assistant United States Attorney Christopher Arthur handled the prosecution.

Joseph Keith Abshire, 33, of Dunbar was sentenced to 16 months in prison for being felon in possession of a firearm.  Abshire previously admitted that on March 18, 2018, he was pulled over for his reckless driving in St. Albans, while following members of the Last Rebels Motorcycle Club. A St. Albans Police Officer smelled alcohol on his breath.  With permission, the officer began to conduct a field sobriety test.  Pursuant to the officer’s request, Abshire acknowledged that he had a knife on his belt.  When the officer lifted Abshire’s shirt to take possession of the knife, a handgun in his waistband was observed.  A loaded Para Ordnance, model p12-45, semi-automatic pistol  was recovered.  In addition to the knife and gun, the officer removed a sharpened deer antler from Abshire’s boot.  Inside of Abshire’s truck, the officer found a magazine and holster to a separate firearm, as well as a denim cut typical of a prospect in the Last Rebels Motorcycle Club.  Abshire had previously been convicted of a misdemeanor offense of domestic battery in Kanawha County Circuit Court and was therefore prohibited from possessing a firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the St. Albans Police Department conducted the investigation.   United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorney L. Alexander Hamner handled the prosecution.

Keanna Carter, of Charleston, was sentenced to 60 months in prison for possession of a firearm in furtherance of drug trafficking.   Carter previously admitted that she possessed 251 oxycodone pills at her house to be distributed for money.  She further admitted that she possessed firearms in the house for the purpose of assisting her with drug trafficking.  The Metropolitan Drug Enforcement Network Team (MDENT) and the Charleston Police Department conducted the investigation.   United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Christopher Arthur handled the prosecution.

 

 

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CHARLESTON, W.Va. – A Jackson County man pled guilty to a firearm offense,  announced United States Attorney Mike Stuart.  James Evans, 19, of Ravenswood, pled guilty to stealing firearms from a licensed firearms dealer.

“Stolen firearms too often end up in the hands of those who commit violent crimes - risking law enforcement and the public,” said United States Attorney Mike Stuart. “24 firearms - the potential for harm was significant. Great work by the Ravenswood Police Department and ATF.”

Evans admitted that on April 7, 2019, he and three other individuals broke into the Old and New Sports store located in Ravenswood and stole approximately 24 firearms.  Rebecca Ann Sellers, 18, and Destiny Moore, 19, were also charged in the case.  A juvenile was prosecuted in Jackson County Circuit Court.  The trial for Sellers and Moore is set for January 27, 2020. 

Evans faces up to 10 years in prison when sentenced on April 15, 2020. 

The Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation.   United States District Irene C. Berger presided over the hearing.  Assistant United States Attorney Joshua Hanks handled the prosecution.

 

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CHARLESTON, W.Va. – A federal jury convicted an Akron, Ohio man yesterday after a day-long trial, announced United States Attorney Mike Stuart. The jury found Devon Alexander, 30, guilty of being a felon in possession of a firearm on August 16, 2018.

“An Akron felon with a gun in Charleston,” said United States Attorney Mike Stuart.  “This has become an all too common occurrence, particularly in Charleston and Huntington.   Federal gun laws are straight-forward – persons convicted of felonies, whether they be federal or state offenses, are prohibited from possessing firearms.  I applaud the work of the law enforcement agencies involved and my entire team for their work in securing this conviction.”

Alexander was previously indicted on a single count of being a felon in possession of a firearm due to previous convictions for tampering with evidence and having weapons under disability in Summit County, Ohio.  At trial, evidence revealed that during a search of a house in Charleston, police witnessed Alexander toss a Citadel 1911 semi-automatic handgun into the yard while attempting to flee.

Alexander faces up to ten years in prison when sentenced on March 5, 2020.

The investigation was the result of a joint effort by the Metro Drug Enforcement Network Team (MDENT), the Drug Enforcement Administration, the Kanawha County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Virginia Department of Corrections and Rehabilitation.  

United States District Judge Joseph R. Goodwin presided over the trial.  Assistant United States Attorneys Stefan Hasselblad and Monica Coleman handled the prosecution.

 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement in response to the change in leadership at the Huntington Police Department:

“I congratulate Hank Dial on his appointment as City Manager for the City of Huntington and thank him for his leadership since becoming the Chief of the Huntington Police Department in 2018.    I commend him for his service throughout his lengthy law enforcement career.  During Chief Dial’s tenure, my office and the Huntington Police Department forged a strong partnership and took unprecedented actions to secure the safety of the City of Huntington and its citizens.   

In turn, I congratulate Ray Cornwell on assuming the role of Interim Chief of the Huntington Police Department.  I look forward to our continued partnership under Chief Cornwell’s leadership.  Together, we’ll continue our efforts to make Huntington the safest city in America.   The City of Huntington remains in good hands.”

 

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HUNTINGTON, W.Va. – A Charleston man pled guilty today in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia,  announced United States Attorney Mike Stuart.  Jared Matthew Whittington, 30, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine. 

“Whittington participated in a significant meth trafficking network operating between Akron, Ohio and West Virginia,” said United States Attorney Mike Stuart.  “He was responsible for distributing up to 500 grams of meth.  A collaborative investigation by federal, state and local law enforcement agencies shut down this group of meth traffickers. We’re working together to close off the steady pipeline of drugs coming from Akron.”

Whittington admitted that during the months of June and July of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia.  During the conspiracy, Whittington obtained various quantities of methamphetamine which were transported from Akron to be sold in multiple cities in West Virginia including Teays Valley and Charleston.  Whittington admitted that he supplied methamphetamine to other West Virginia based meth dealers on a recurring basis and that he was aware the methamphetamine he sold would be re-distributed in West Virginia.  As part of his plea agreement, Whittington admitted that he was responsible for distributing up to 500 grams of methamphetamine.    

Whittington faces 5 to 40 years in prison when sentenced on March 9, 2020.

This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI).  Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.  United States District Judge Robert C. Chambers presided over the hearing.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.

 

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HUNTINGTON, W.Va. – An methamphetamine, heroin, and fentanyl trafficker was sentenced to 92 months in prison, announced United States Attorney Mike Stuart. Anton Marcel Jeffries, 25, of Akron, Ohio, previously pled guilty to possession with intent to distribute methamphetamine, heroin, and fentanyl.

“Another Akron drug dealer is sentenced to significant time in federal prison for peddling a trifecta of deadly drugs in Huntington,”  said United States Attorney Mike Stuart.  “Jeffries was caught with 108 grams of meth, 25 grams of heroin and 12 grams of fentanyl.  Thanks to law enforcement, these dangerous drugs didn’t make it on the streets of Huntington.”

On September 19, 2018, officers with the Huntington Violent Crimes and Drugs Task Force and the Huntington Police Department Special Investigations Bureau executed a search warrant on an apartment residence at 917 9th Avenue in Huntington. Jeffries possessed multiple baggies of what forensic testing confirmed to be approximately 108 grams of methamphetamine, 25 grams of heroin, and 12 grams of fentanyl. 

The Huntington Violent Crimes and Drugs Task Force and the Huntington Police Department Special Investigations Bureau conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Ryan A. Keefe handled the prosecution. 

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

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BECKLEY, W.Va. – A Beckley man was sentenced to federal prison for a federal drug crime, announced United States Attorney Mike Stuart.  Kendall Cotten, 30, was sentenced to 30 months in prison for possession of heroin with intent to distribute. 

“Cotten was selling fentanyl-laced heroin,” said United States Attorney Mike Stuart.  “These cases are tragic and outrageous. We continue to focus on prosecuting the traffickers of these deadly poisons with the goal of removing them from society so that they cannot harm our families or communities any longer.”

Cotten previously admitted that on three separate occasions between November 28, 2017 and December 7, 2017, he sold what he believed to be heroin, but in fact turned out to be a mix of heroin and fentanyl, to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crime Task Force.  The drugs sold on these dates were tested by the West Virginia State Police Crime Lab and confirmed to contain heroin and fentanyl.  Cotten also admitted that on December 13, 2017, police executed a search warrant at his residence.  During the search police officers recovered 122 bindles of heroin, $727 in cash that were the proceeds of drug trafficking activities, and a Ruger LCP .380 pistol.  Cotten admitted that he intended to distribute the heroin found during the execution of the search warrant.  

Stuart commended the investigative efforts of the Beckley/Raleigh County Drug and Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

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

 

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HUNTINGTON, W.Va. – An Ohio man pled guilty today in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia,  announced United States Attorney Mike Stuart.  Marquis Allen Pritchett, 22, pled guilty to conspiracy to distribute 500 grams or more of methamphetamine. 

“Earlier this year, my office indicted more than 20 individuals who participated in this Akron to West Virginia meth trafficking network,” said United States Attorney Mike Stuart.  “Shuttering drug trafficking organizations is critical to disrupting the supply of these deadly drugs coming into our state.  We are working with our law enforcement partners to hold drug dealers accountable.”

Pritchett admitted that between June and August of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia.  During the conspiracy, Pritchett obtained large quantities of methamphetamine which were transported from Akron to be sold in multiple cities in West Virginia including Hurricane and Charleston.  Pritchett admitted that he supplied methamphetamine to other West Virginia based meth dealers on a recurring basis and that he was aware the methamphetamine he sold would be re-distributed in West Virginia.  As part of his plea agreement, Pritchett admitted that he was responsible for distributing up to 1.5 kilograms of methamphetamine.    

Pritchett faces 10 years to life in prison when sentenced on March 2, 2020.

This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI).  Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.  United States District Judge Robert C. Chambers presided over the hearing.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.

 

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CHARLESTON, W.Va. – A Dunbar man pled guilty to federal drug and gun crimes, announced United States Attorney Mike Stuart.  Bari Myricks, 47, pled guilty to possession with intent to distribute 40 or more grams of fentanyl and to being a felon in possession of a firearm.   

“A felon with firearms distributing fentanyl,” said United States Attorney Mike Stuart.  “Fentanyl is deadly.  Guns in the wrong hands are dangerous.  We continue to prosecute fentanyl dealers and those prohibited from possessing firearms with a sense of urgency to protect the public.”      

Myricks admitted that on May 7, 2018, the vehicle he was driving was stopped by law enforcement officers due to a traffic violation.  He further admitted that after a police K-9 trained in drug detection indicated narcotics were present in his vehicle, police conducted a search of his vehicle, finding heroin in a plastic bag.  Officers with the Metropolitan Drug Enforcement Network Team (MDENT) later searched Myricks’ residence on Roxalana Road, finding over 100 grams of fentanyl, marijuana, over $12,000 in cash and two firearms.  Myricks knew he was prohibited from possessing the firearms due to prior felony convictions. 

Myricks faces a term of imprisonment  of five to 40 years imprisonment when he is sentenced on February 20, 2020.

MDENT conducted the investigation.  Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.   Assistant United States Attorney Andrew J. Tessman is handling the prosecution.   

 

 

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HUNTINGTON, W.Va. – A Huntington  man was sentenced to federal prison for a gun crime, announced United States Attorney Mike Stuart.  Zachary Whitmore, 28, was sentenced to 24 months in prison and three years of supervised release for being a felon in possession of a firearm. 

Whitmore previously admitted that on November 1, 2018, a Trooper with the West Virginia State Police assisted the West Virginia Division of Corrections Probation and Parole with locating a parolee.  Whitmore was found walking on a street in Huntington.  Officers found a 22 Magnum American Arms Revolver in his pocket.  Whitmore was prohibited from possessing a firearm under federal law because of a 2015 felony conviction in Cabell County, West Virginia.

The West Virginia State Police and the West Virginia Division of Corrections Probation and Parole conducted the investigation.  United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution. 

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

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HUNTINGTON, W.Va. – A Detroit, Michigan man was sentenced to federal prison today for selling fentanyl in Huntington, announced United States Attorney Mike Stuart.  Marshal Franchuit Thomas Jr., 25, was sentenced to 43 months in prison for distribution of fentanyl.  Thomas was also ordered to serve 3 years on supervised release after his release from prison. 

“We’re sending another Detroit poison peddler to federal prison.  Thomas was responsible for distributing up to 400 grams of heroin and fentanyl in Huntington between 2015 and 2018,” said United States Attorney Mike Stuart.  “Many lives have been lost as a result of fentanyl dealers like Thomas.  We’ve pushed back – we’re fighting for our communities and our families – and we’ve substantially increased our prosecution numbers.”

Thomas previously admitted that that, on February 8, 2018, an informant contacted him to purchase heroin.  Thomas agreed to meet the informant in the area of 14th Street West in Huntington and, when the informant arrived, Thomas distributed what he purported to be 5 grams of heroin.  After forensic testing, the substance distributed by Thomas was discovered to actually be fentanyl, a powerful opiate painkiller.  Thomas further admitted that he was involved in distributing heroin and fentanyl in the Huntington area between July of 2015 and March of 2018, and that he was responsible for the distribution of up to 400 grams of heroin and fentanyl in Huntington during that period. 

The Huntington Police Department and the Huntington Violent Crimes and Drug Task Force conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

This case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas. 

 

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CHARLESTON, W.Va. – A South Charleston man was sentenced to prison on a federal drug charge, announced United States Attorney Mike Stuart.  Willie James Coleman, 55, was sentenced to 37 months in prison for possession with intent to distribute a quantity of cocaine base, which will be followed by 72 months of supervised release. 

“We’re not seeing too much crack cocaine in the area, but we occasionally still come across a crack dealer like Coleman,” said United States Attorney Mike Stuart.  “We prosecute crack dealers just like we do any other peddler of illegal drugs.  This crack dealer will get more than three years inside because of his choice to be a drug dealer.”

Coleman previously admitted that on January 31, 2019, officers executed a search warrant on his home in South Charleston.  During the search, officers recovered the following: a pill bottle containing multiple pieces of “crack” cocaine; two clear plastic bags containing “crack” cocaine from two safes; a loaded .25 caliber pistol; digital scales; and a drug ledger. 

The Drug Enforcement Administration (DEA) conducted the investigation.   United States District Judge Irene C. Berger presided over the hearing.  Former Assistant United States Attorney Drew Inman and Assistant United States Attorney L. Alexander Hamner handled the prosecution.

 

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HUNTINGTON, W.Va. – Two Huntington men who participated in a scheme to mail marijuana from California to Huntington over a period of several years were sentenced yesteday, announced United States Attorney Mike Stuart.  James Waylon Molinaro ,44, was sentenced to 78 months in federal prison after previously entering a guilty plea to possession with intent to distribute marijuana.  Molinaro also previously pled guilty to prohibited possession of a firearm by a felon stemming from an unrelated investigation.  Chris Crookshanks, 43, was sentenced to three years of supervised release during which he must serve 12 weeks of intermittent confinement in jail.  Crookshanks previously entered a guilty plea to conspiracy to distribute marijuana. 

“The U.S. Postal Service’s “if it fits, it ships” campaign does not apply to illegal drugs” said United States Attorney Mike Stuart.  “Unfortunately, the U.S. Mail has become a frequently used method for drug dealers to transport their inventory and, sadly, in this case, a postal service employee was corruptly involved.  Law enforcement is keenly aware of the risk of shipments of dangerous drugs in the mail and we are working together to prosecute both the shippers and receivers of illicit drugs. I greatly admire the postal service and their committed employees. Fortunately, we won’t allow a bad apple to sully the orchard.”  

Molinaro and Crookshanks admitted that, between 2013 and March of 2018, they and others conspired to distribute marijuana in the Huntington area. During the conspiracy, Molinaro acquired marijuana in California and arranged for it to be shipped through the United States mail from California to Huntington.  Once the parcels containing marijuana arrived in Huntington, Molinaro paid multiple postal employees, including Crookshanks who was a letter carrier with the postal service, to deliver the parcels on their assigned delivery routes or to meet Molinaro at other locations to provide the parcels to him.  

On March 15, 2018, agents located two parcels at the Huntington Post Office which had been mailed from the State of California to Huntington which were found to contain marijuana.  Agents conducting surveillance observed a postal employee load the parcels into a postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington.  At that location, the postal employee provided the parcels to Molinaro who arrived in a separate vehicle.  A trooper with the West Virginia State Police subsequently conducted a traffic stop of Molinaro’s vehicle in the 1000 block of 9th Street in Huntington and recovered the parcels.  The parcels were found to contain a total of 16 pounds of marijuana which Molinaro admitted that he intended to distribute.

As part of their pleas, Molinaro admitted that he was responsible for the shipment and distribution of at least 100 kilograms of marijuana, and Crookshanks admitted that he was responsible for the delivery of at least 40 kilograms of marijuana, during the conspiracy.    

Molinaro had also previously pled guilty to being a felon in possession of a firearm.  On July 29, 2018, Molinaro was at a night club on Route 60 in Barboursville when he was asked to leave after a club employee observed him possessing a firearm.  Molinaro exited the club, fired multiple shots in the club’s parking lot, briefly left the scene, and then returned.  A Barboursville police officer responding to a call for assistance at the club subsequently located Molinaro in possession of .38 caliber revolver.  Molinaro was prohibited from possessing a firearm based on multiple prior felony convictions for distribution of cocaine and possession of cannabis for sale

The United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the West Virginia State Police – Violent Crime and Drug Task Force West, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Barboursville Police Department, conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentences.  Assistant United States Attorney Joseph F. Adams handled the prosecutions.

 

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HUNTINGTON, W.Va. – Two Huntington  men were sentenced by United States District Judge Robert C. Chambers to federal prison for drug crimes, announced United States Attorney Mike Stuart.

“We continue to prosecute dealers peddling opioids, including pills, heroin and synthetic opioids such as fentanyl,” said United States Attorney Mike Stuart.   “As long as we have drug dealers distributing their poisons in our communities, my office will be prosecuting them with a sense of urgency.  Last year, more than 900 lives were lost due to drug overdoses in West Virginia and every one of them matter to me.  We must hold drug dealers accountable for the chaos and despair they peddle.”

James Daniel, also known as “Mike D,” 41, was sentenced to 51 months in prison for possession with intent to distribute heroin.  Daniel previously admitted that on May 23, 2017, officers with the Huntington Police Department executed a search warrant on a residence he was staying in.  Members of  West Virginia Parole Services  and officers of the Huntington Police Department located approximately 6 grams of heroin.  Daniel admitted to officers that he intended to sell the heroin.  The Huntington Police Department conducted the investigation.   Assistant United States Attorney Stephanie S. Taylor handled the prosecution.  This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

In a separate case, Billy Dean Vance, 43, was sentenced to 12 months and a day in prison for distributing oxycodone.  Vance also must serve 3 years of supervised release following his sentence.  He will be on home confinement for the first six months of his supervised release.  On June 20, 2018, Vance sold 20, 30-milligram oxycodone pills for $700 to a person working as a confidential informant for the Drug Enforcement Administration. The sale occurred in the driveway of Vance’s Crestmont Drive home. Vance made two additional sales on prior occasions, both involving 10 30-milligram oxycodone pills.  Those sales occurred on May 31 and June 12, 2018.  On July 2, 2018, law enforcement served a search warrant at Vance’s residence and found more oxycodone pills, hydrocodone pills and marijuana.  They also recovered approximately $3,500 in cash.  The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney Greg McVey handled the prosecution.

 

 

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WVDEP Employee Made Over $61,000 in Fraudulent Purchases with State Credit Card

CHARLESTON, W.Va. – A Fayette County woman entered a guilty plea to the felony offense of wire fraud, announced United States Attorney Mike Stuart.  Yvonne Dozier,  50, of  Boomer, faces up to 20 years of incarceration, a $250,000 fine, and three years of supervised release when she is sentenced on February 13, 2020.  She will also be required to pay restitution to the West Virginia Department of Environmental Protection  (WVDEP) where she was previously employed.  Stuart praised the work of the United States Secret Service, the West Virginia State Auditor’s Office, and the WVDEP. 

“This office has made the prosecution of public corruption a priority.  There’s no such thing as a little bit of corruption, but this was no little bit,” said United States Attorney Mike Stuart.  “Dozier stole over $61,000 for such critical personal needs – wink, wink – as a vacation rental in North Carolina.  This is the type of outrageous stuff that the people of West Virginia don’t deserve.  Trusted public employees who steal from taxpayers need to pay a heavy price and Ms. Dozier will learn her fate when her sentencing occurs in February."

Dozier previously worked for the WVDEP as an accounting tech.  She was assigned a West Virginia state purchasing card where she was permitted to make authorized purchases on behalf of the WVDEP.   These cards could not be used to make personal purchases.  Dozier devised a scheme where she used the state purchasing card to make personal purchases and fraudulently wired credit card information.  She then altered invoices and modified the state accounting software to adjust the purchases and make the fraudulent purchases appear as though they were legitimately made.  From 2014 to 2018, Dozier made hundreds of unauthorized purchases, costing the state of West Virginia $61,753.72.  Dozier gave a Mirandized statement to a Special Agent with the United States Secret Service, in which she admitted to misusing the state purchasing cards to make personal purchases, altering invoices, and ultimately passing these expenses onto the State of West Virginia..  The fraudulent purchases moved money in interstate commerce both from the actual purchase with the credit card and the State of West Virginia’s paying her Visa card expenses.  Dozier used her state purchasing card to pay for personal expenses such as electric, insurance, cable, and cell phone bills, and vacation rental homes.  Dozier no longer works for the State of West Virginia. 

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes is handling the prosecution. 

 

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CHARLSTON, W.Va. – A Wood County man was sentenced to prison for a federal gun charge, announced United States Attorney Mike Stuart.  Robert Adams, 34, was sentenced to 60 months in prison for being a felon in possession of ammunition.   Adams is currently in state prison serving a sentence of  three to fifteen years.  He will begin serving his federal sentence after completing his state sentence.

“We are working with a sense of urgency to prevent and reduce gun crime throughout the District,”  said United States Attorney Mike Stuart.  “Partnerships with federal, state and local law enforcement to insure violators of federal gun laws are held accountable are critical to our success.  Those partnerships are strong.”

Adams previously admitted that on July 23, 2017, he knowingly possessed a Remington-Peters 4-10 shotgun cartridge, in and affecting commerce.  Adams was prohibited from possessing the ammunition because of a 2008 felony offense of burglary in the Circuit Court of Wood County.   

The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.   Senior United States District Judge David A. Faber imposed the sentence.   Assistant United States Attorney Steven I. Loew handled the prosecution.

 

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CHARLESTON, W.Va. – A former Director of Administration for a local trade organization was sentenced to federal prison for embezzling funds from her employer, announced United States Attorney Mike Stuart.  Wendy Long, 49, of Charleston, was sentenced to 18 months in prison for access device fraud.  The Court also imposed a three year term of supervised release and ordered Long to pay restitution in the amount of $292,409.37. Long had served as the Director of Administration of the trade organization from approximately 2002 through 2017. In that capacity, she handled financial accounts, prepared payroll and paid bills, reconciled bank statements, prepared monthly income and expense reports, among other duties.

“Long stole money from her employer for years totaling over $300,000,” said United States Attorney Mike Stuart.  “Prosecuting cases like this is a priority for my office, especially in terms of obtaining restitution for victim businesses and organizations.  It is similar to public corruption and is just as diabolical. A trusted official who steals from those who trust. Terrible and sad.” 

Long previously admitted that she had used the trade organization’s credit cards for her personal use and benefit, knowing that she was not authorized to do so. During the calendar year 2016, she purchased goods and services totaling more than $23,657 for her personal benefit.  Long also admitted that in carrying out the purchases, which affected interstate commerce, she acted with an intent to defraud her employer. Some of the purchases paid for were family vacations, airline tickets, tickets to sporting events, and the rental of supplies for engagement and wedding parties.  Long further admitted that she committed similar crimes in 2014, 2015, and 2016, against her employer, and that from 2012-2017 she embezzled funds directly from her employer’s bank account. The total amount of fraud that Long committed against her employer exceeded $317,939. After being discovered, Long repaid her employer $25,530. She also paid $292,409.37 to the Clerk of Court prior to her sentencing as agreed upon restitution to her employer.

Senior United States District Judge David A. Faber imposed the sentence.  The United States Secret Service conducted the investigation. Assistant United States Attorney Phil Wright handled the prosecution.

 

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CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a drug trafficking offense, announced United States Attorney Mike Stuart.  George Ray Breckenridge, 41, was sentenced to 10 years in prison for distribution of methamphetamine.   He will serve 96 months of supervised release after his imprisonment.

“A significant sentence for a significant meth dealer,” said United States Attorney Mike Stuart.  “As you can see in this case, law enforcement agencies are working together like never before to get drug dealers like Breckenridge out of our communities and away from our families.”

Breckenridge previously admitted that he distributed methamphetamine.  Court hearings and public filings established that, on August 2, 2018, Breckenridge, working with two other drug traffickers, traveled from his house on Garrison Avenue in Charleston to the Dunbar Plaza Hotel, where he delivered 34 grams of pure methamphetamine to a confidential informant.  Police investigators tried to initiate a traffic stop on Breckenridge’s car as he drove back home from the hotel.  Breckenridge then took off back to his house on Garrison Avenue, where he fled on foot into the woods.  Investigators arrested Breckenridge minutes later. 

The Metropolitan Drug Enforcement Network Team (MDENT), the Nitro Police Department, the Charleston Police Department, the South Charleston Police Department, the Kanawha County Sheriff’s Department, and the Drug Enforcement Administration (DEA) conducted the investigation.   Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.  Former Assistant United States Attorney Drew Inman and Assistant United States Attorney L. Alexander Hamner handled the prosecution.

 

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CHARLESTON, W.Va. – A Hurricane man was sentenced for a federal firearm offense, announced United States Attorney Mike Stuart.  Johnny Ray Thacker, 63, was sentenced by United States District Judge Joseph R. Goodwin to 60 months in prison for carrying a firearm during a drug trafficking crime.  Stuart commended the investigation conducted by the Charleston Police Department, the Dunbar Police Department, the Kanawha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Thacker was a gun-toting drug dealer peddling meth and heroin with two previous felonies,” said United States Attorney Mike Stuart.  “Drug trafficking is a violent business. When we catch drug dealers carrying guns in furtherance of their drug trafficking business, we will prosecute them for it every single time.” 

Thacker previously admitted that on July 3, 2018, a Charleston Police Officer stopped him for speeding 24 miles per hour over the speed limit on Sissonville Drive.  Thacker told the officer he had a gun on the passenger seat, which the officer temporarily secured for their safety.  Thacker was a two-time felon, whose rights to possess a firearm had not been restored.  While retrieving Thacker’s gun, the officer spotted marijuana scattered on it.  Officers then searched Thacker’s vehicle and recovered several grams of methamphetamine and heroin, baggies for drug packaging, and a scale.

Thacker further admitted that on September 3, 2018, police officers were called to Dunbar Memorial Park regarding suspected drug trafficking out of a lime green colored vehicle.  Officers spotted Thacker parked in a lime green car.  After a specially-trained police dog detected the odor of drugs coming from Thacker’s car, police searched it and found approximately 4.5 grams of methamphetamine, baggies, a scale, a baggie of powdered sugar for cutting drugs, and a ledger documenting drug debts and sales.  Thacker claimed the drugs.

Assistant United States Attorney Kristin Scott and former Assistant United States Attorney Drew O. Inman handled the prosecution.

 

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CHARLESTON, W.Va. – A New York man pled guilty to a federal firearm charge,  announced United States Attorney Mike Stuart.  John Maurice James, 42, pled guilty to possession of a firearm in furtherance of a drug trafficking crime.

“James had a gun to protect himself, his stash of oxycodone and his drug money,” said United States Attorney Mike Stuart.  “In my District, you can expect to see drug dealers with firearms charged accordingly.  Federal gun crimes carry stiff penalties.”

James admitted that in February 2018, members of the Southern Regional Drug and Violent Crime Task Force executed a search warrant at his house in Mercer County.  During the search, officers located a small amount of cocaine and approximately 500 oxycodone pills that James intended to distribute.  They also found cash and a Ruger LCP, .380 caliber semi-automatic pistol in the same room he had been staying.  Defendant admitted that he possessed the firearm to protect himself, the oxycodone pills he possessed, and the cash from prior sales of oxycodone.  Defendant further admitted that he had been supplying oxycodone pills to another individual residing in that house with him.  He knew that the individual was distributing the drugs for profit.  

James faces a mandatory minimum sentence of 5 years and up to life in prison when sentenced on March 16, 2020.

The Southern Regional Drug and Violent Crime Task Force conducted the investigation.   Senior United States District Judge David A. Faber presided over the hearing.  Assistant United States Attorney Timothy D. Boggess is handling the prosecution.

 

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Initiative emphasizes enforcing gun prohibitions based on domestic violence convictions and mental health denials

CHARLESTON, W.Va. -- Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”

“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.” 

“I want to thank Attorney General Barr for his leadership in launching Project Guardian. Gun violence has been a priority target for my office and it remains so today.   Over my term as United States Attorney, we have prosecuted a record number of gun offenders,” said United States Attorney Mike Stuart.  “Project Guardian will further strengthen the coordinated efforts among federal, state and local law enforcement to make communities and families safer through targeted reductions in violent crime.  Our targeted efforts to enforce background checks, share information across agencies, and to ensure those with mental health issues or domestic violence convictions are prevented from possessing a firearm are critical efforts to protect all citizens.  The federal government cannot do this alone.  Our partnerships with state and local law enforcement are strong and only growing stronger. Project Guardian is the perfect prescription to combat the illegal possession of firearms that threaten law-abiding citizens.”

“ATF’s core mission to reduce violent crime and enforce federal firearms laws is achieved each day through the strength of our partnerships with local and state law enforcement,” stated Acting Special Agent in Charge of ATF’s Louisville Division Tommy Estevan.  “Project Guardian will build on these relationships and ATF’s gun crime technologies to effectively disrupt the shooting cycles and arrest those who ‘lie to buy’ firearms. These strategies will reduce the access of illegally obtained firearms and help to make our communities safer for everyone.”

Project Guardian’s implementation is based on five principles:

1. Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
    
2. Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
    
   Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
    
3. Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
    
4. Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. 
    
   Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
    
5. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
    

Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.  

For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.

 

 

 

CHARLESTON, W.Va. – An Akron, Ohio man was sentenced to federal prison for drug and gun crimes, announced United States Attorney Mike Stuart.  Eugene Calvin Wells, 46, was sentenced to 10 years in prison for conspiracy to distribute more than 50 grams of ICE methamphetamine, possession with intent to distribute heroin, and possession of firearms in furtherance of drug trafficking.

“We are working across jurisdictional boundaries to hold out-of-state drug dealers accountable,” said United States Attorney Mike Stuart.  “Wells was responsible for bringing a tremendous amount of meth and heroin from Akron into Charleston.  Getting Wells, his co-conspirators, and their drugs and guns off the streets was a huge win for law enforcement and the City of Charleston.”

Wells previously admitted that between August 1 and September 28, 2018, he was part of a drug trafficking conspiracy bringing heroin and methamphetamine from Akron, Ohio to be distributed in Charleston, West Virginia.  On four occasions between August 1 and September 27, members of the Drug Enforcement Administration (DEA) Task Force made controlled purchases of methamphetamine from Wells and his co-conspirators, Miranda Brandon and Sherry Gray.  On September 28, 2018, DEA task force officers executed search warrants at a residence on Ferguson Avenue in Charleston used by Wells and at his residence in Akron.  At the Charleston residence, police seized four firearms, 521 grams of methamphetamine, 737 grams of heroin, and 602 grams of pentedrone.  At Wells’ residence in Akron, police seized three handguns, three assault rifles, a shotgun, more than $8,000, and 432 grams of heroin.    

As a result of the investigation, Wells was charged with federal offenses in both the Southern District of West Virginia and the Southern District of Ohio.  His plea and sentencing resolved the charges in both districts. 

On August 27, 2019, Miranda Brandon was sentenced to 138 months, and Sherry Gray was sentenced to 108 months for their involvement in the conspiracy.

The Drug Enforcement Administration Task Force conducted the investigation.   Senior United States District Judge David A. Faber presided over the hearing.  Assistant United States Attorney Joshua C. Hanks and former Assistant United States Attorney Drew O. Inman handled the prosecution.

 

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CHARLESTON, W.Va. –  Three felons appeared before United States District Judge Joseph R. Goodwin this week in connection with federal gun crimes, announced United States Attorney Mike Stuart.

Dana Stevenson, 28, of Charleston, was sentenced to 14 months in prison for being a felon in possession of a firearm.  Stevenson previously admitted that on August 14, 2017, Charleston Police Department officers were searching for a suspect that was seen driving a stolen vehicle.  Officers saw Stevenson walking by the Kanawha River.  As officers approached, Stevenson threw a firearm into the river.  The Charleston Police Department Dive Team later recovered a Glock .40 caliber pistol from the river.  Stevenson was prohibited from possessing a firearm under federal law because of a 2014 felony malicious wounding conviction in Kanawha County, West Virginia. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

In another case, Clayton Cato, 36, of Brooklyn, New York, pled guilty to being a felon in possession of a firearm.  Cato admitted that on November 20, 2018 he was a passenger in a vehicle that was stopped on the East End of Charleston for a defective light. Upon officers approaching the vehicle, they smelled marijuana. All occupants were asked to step out of the vehicle. Cato stepped out of the vehicle and ran from the traffic stop on foot. While fleeing, he put his hands near his hoody pocket and was apprehended. During a pat-down for officer safety, officers located a Smith & Wesson 32 caliber pistol. Cato admitted he knew he had a 2003 felony conviction in the Southern District of West Virginia for distribution of cocaine base.  Cato faces up to 10 years in prison when sentenced on January 27, 2020.  Assistant United States Attorney Ryan A. Saunders is handling the prosecution.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigations of Stevenson and Cato. 

Gary Scott, 35, of St. Albans, was sentenced to 46 months in prison for being a felon in possession of a firearm.   Scott previously admitted that on April 23, 2019, in St. Albans, he was driving a vehicle while under the influence of narcotics. He eventually parked at a Go-Mart, got out of the vehicle, and left the passenger in the vehicle. Officers eventually located Scott in the alley near the Go-Mart. Scott admitted to the officers that he had marijuana on his person. Officers searched him and found syringes, marijuana, Alprazolam, heroin, and methamphetamine. Officers detained Scott and transported him back to his vehicle. As they pulled up to the vehicle, Scott told the officers that he had a firearm in the glove box and that he knew that he was not allowed to possess firearms because he is a convicted felon. During a search of the vehicle, officers located a .357 Braztech revolver loaded with five rounds in the glove box. They also located a box of ammunition in the vehicle.   The St. Albans Police Department conducted the investigation.  Assistant United States Attorney Monica D. Coleman handled the prosecution.

These cases are being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

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CHARLESTON, W.Va. – Two New Jersey men were sentenced to federal prison for their participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart.  Fuquan Hagler, 40, was sentenced to 36 months in prison, to be followed by a three year term of supervised release, while Brian Kelley, 46, was sentenced to 60 months in prison, to be followed by a four year term of supervised release. 

“Hagler and Kelley were dealers in a multi-state, poly-drug network responsible for bringing significant quantities of drugs into southern West Virginia,” said United States Attorney Mike Stuart.  “The thorough and collaborative work of law enforcement put them out of business.”

Hagler previously admitted that in June 2018, he worked with other members of a drug trafficking organization (DTO) operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills.  Hagler admitted that on June 20, 2018 he was a passenger in car transporting oxycodone pills from New Jersey to West Virginia.  It was the plan to deliver the pills to another member of the DTO in West Virginia to be redistributed and sold illegally for profit in the Southern District of West Virginia.  Prior to delivering the pills to West Virginia, the car Hagler was in was stopped by the Pennsylvania State Police.  During the traffic stop, approximately 997 oxycodone pills were recovered.  The pills were hidden in a secret compartment, commonly referred to as a trap. 

In a related case, Kelley previously admitted that on July 7, 2018 he was transporting controlled substances from New Jersey to the Southern District of West Virginia.  Kelley admitted to traveling to a co-defendant’s residence in Fayette County, and picking up over $21,000 in cash for another member of the DTO.  Police officers later stopped the car Kelley was driving and found over $21,000 in cash and approximately 639 grams of cocaine.  Both the cash and the cocaine were found in a hidden electronic compartment.

Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and Oak Hill Police Department. 

Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman handled the prosecutions.  United States District Judge Joseph R. Goodwin imposed the sentences.

 

 

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CHARLESTON, W.Va. – A Elkview woman was sentenced to federal prison for a federal drug trafficking offense, announced United States Attorney Mike Stuart.  Stephanie Barnett, 36, was sentenced to 24 months in prison and five years of supervised release for possession with the intent to distribute 50 grams or more of methamphetamine.

“Barnett was acting as a courier for drug dealers,” said United States Attorney Mike Stuart.  “Just like the dealers, she will be going to federal prison. We will prosecute all those bringing deadly drugs into our communities, from the drug source to the courier.”

On February 6, 2019, Barnett’s vehicle was pulled over in Cross Lanes, West Virginia, by a Kanawha County Sheriff’s deputy.  Barnett initially lied to the deputy about her name and age, and the deputy also smelled burnt marijuana inside the car.  The deputy retrieved his K-9 partner, who also indicated that there were narcotics inside the car.  Inside the console of the car, officers found a small baggie of methamphetamine.  When the officers opened the trunk, they found a large, plastic bag that contained three large bricks of methamphetamine.  Each brick weighed approximately two pounds.  The methamphetamine was sent to the DEA Mid-Atlantic Lab where it tested as being over 93% pure methamphetamine.  Barnett had traveled to Cleveland, Ohio, where she received over six pounds of methamphetamine.  She had intended to deliver the methamphetamine to local dealers in Charleston.     

The Drug Enforcement Administration conducted the investigation.   Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.  Assistant United States Attorney L. Alexander Hamner is handling the prosecution.

 

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CHARLESTON, W.Va. – A Honduran national man pled guilty to the felony offense of reentry of a removed alien, announced United States Attorney Mike Stuart.  Edilberto Hernandez-Garcia, 43, was then immediately sentenced to “time served,” having spent approximately seven months previously incarcerated.  He was immediately remanded to ICE to face administrative removal proceedings.  Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE), the Sophia Police Department, and the Raleigh County Office of the Prosecuting Attorney.

“Seven prior removals,” said United States Attorney Mike Stuart.  “Hernandez-Garcia seems to think our immigration laws do not apply to him.  Repeat offenders like Hernandez-Garcia are a drain on critical law enforcement resources.” 

On April 26, 2019, Hernandez-Garcia was stopped by the Sophia Police Department where he was charged with and convicted of the felony offense of fleeing with reckless indifference in Raleigh County Circuit Court.  Once arrested and incarcerated, ICE agents determined that Hernandez-Garcia was in the United States illegally.  ICE agents confirmed his legal status.  Hernandez-Garcia admitted to agents that he was in the United States illegally.  Hernandez-Garcia  was arrested and ICE agents matched his fingerprints to a number of previous removals from the United States.   Hernandez-Garcia had no identification documents permitting him legal status in the United States.

Fingerprinting matched Hernandez-Garcia to seven prior removals from the United States in 1994, 1995, 2004, 2005, 2008, 2009, and 2010.  His previous removals also included a prior 2010 conviction of illegal reentry into the United States from United States District Court in San Antonio, Texas.  In  all seven prior removals, Hernandez-Garcia was found by immigration judges to be in the United States illegally and he was subsequently deported to Honduras.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Garcia further admitted to ICE agents that he was a Honduran citizen.

United States District Judge Frank W. Volk presided over the hearing.  Assistant United States Attorney Erik S. Goes handled the prosecution.

 

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CHARLESTON, W.Va. – A federal jury convicted a Charleston man today after a two day trial, announced United States Attorney Mike Stuart. The jury found Michael Q. Cottrell, 23, guilty of being a felon in possession of firearms on August 25, 2018.

“Guilty as determined by a jury of twelve of his peers,” said United States Attorney Mike Stuart.  “Federal law is clear -- Cottrell’s prior felony conviction prohibits him from possessing guns. It is really pretty simple.  If you are prohibited from possessing firearms, don’t possess firearms. I want to thank the entire team of investigators and prosecutors that worked on this case.”

Cottrell was previously indicted for  possessing two firearms, a revolver and a pistol, while being a person prohibited from possessing firearms due to a 2018 felony conviction in Roane County. At trial, evidence revealed that Cottrell possessed these firearms on the same night that he crashed a car on Garrison Avenue in Charleston and fled the scene.

Cottrell faces up to ten years in prison when sentenced on March 29, 2020.

The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.  

Senior United States Judge David A. Faber presided over the trial. Assistant United States Attorneys Kristin F. Scott and Joshua C. Hanks handled the prosecution.

 

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CHARLESTON, W.Va. – A Charleston man pled guilty to a drug crime announced United States Attorney Mike Stuart.  Harold Battle, 49, pled guilty to possession with intent to distribute methamphetamine.

“Meth is flooding our cities,” said United States Attorney Mike Stuart.   “Make no mistake -- the Mexican cartels know where we are and they are the ultimate suppliers to these managers of their drug businesses. We are working day in and day out with our partners in law enforcement to identify and prosecute the drug dealers selling meth on our streets.  The victims are my family, friends and neighbors. To me, it’s personal. That’s why I have a sense of urgency to take the poison peddlers off our streets.”

Battle admitted that on October 31, 2017, he distributed 60 grams of methamphetamine to a person cooperating with law enforcement on Charleston’s East End.   Officers with the Charleston Police Department stopped a vehicle for multiple traffic violations. During interactions with the driver of the vehicle, officers discovered 32.80 grams of methamphetamine on the driver. The driver told law enforcement he received the methamphetamine from a person they knew as Unk.  He agreed to cooperate with law enforcement and ordered more methamphetamine from Battle. Battle arrived on the East End of Charleston and distributed 29.129 grams of methamphetamine in exchange for $1,000 in United States Currency.  Battle was arrested shortly after the drug deal.

Battle faces up to 20 years in prison when sentenced on February 10, 2020.

The Charleston Police Department and the West Virginia State Police Forensic Laboratory conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.  Assistant United States Attorney Ryan A. Saunders is handling the prosecution.

 

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HUNTINGTON, W.Va. – A Michigan man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Abdullah Myles, 25, entered a guilty plea to an indictment charging him with possession with the intent to distribute heroin.

“Another day and another Michigan drug dealer will soon be going to prison for peddling heroin in Huntington,” said United States Attorney Mike Stuart.  “My office has taken a tough, tough stance against these drug thugs.  Sentences have more than doubled and we will continue with a sense of urgency until these poison peddlers figure it out. Drug dealers and poison peddlers are no longer welcome here.”

On February 7, 2019, officers with the Huntington Police Department executed a search warrant at a residence Myles was living in at 825 21st Street in Huntington.  Officers recovered 13 grams of heroin from the room Myles was living in. 

Myles faces up to twenty years in federal prison when he is sentenced on February 3, 2020.

The Huntington Police Department conducted the investigation.   The plea hearing was held before United States District Judge Robert C. Chambers.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

 

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CHARLESTON, W.Va. – A Mexican national man was sentenced to twelve months and one day of incarceration for the felony offense of reentry of a removed alien, announced United States Attorney Mike Stuart. Jose Guadelaupe Camarena-Jacinto, 38, entered a guilty plea on September 4, 2019.  At the conclusion of his federal incarceration, he faces possible removal from the United States through administrative proceedings.  Stuart commended the investigative efforts of the United States Immigration and Customs Enforcement (ICE) and the Ripley Police Department.

“Camarena-Jacinto has four prior removals,” said United States Attorney Mike Stuart.  “He will now serve a year in prison before being deported for a fifth time.  No one likes a line skipper -- not at Disney World and not at the border.”

On June 17, 2019, ICE agents traveled to the South Central Regional Jail in Charleston to confirm Camarena-Jacinto’s legal status after he had been arrested by Ripley police officers for the state offense of obstruction.  Camarena-Jacinto admitted to agents that he was in the United States illegally.  He was arrested and ICE agents matched his fingerprints to previous removals from the United States.  ICE agents further spoke to defendant to confirm his identity. Camarena-Jacinto again admitted being in the United States illegally.  Camarena-Jacinto had no identification documents permitting him legal status in the United States.

Fingerprinting matched Camarena-Jacinto to four prior removals from the United States in 2008, 2009, 2010, and 2012.  His previous removals also included a prior conviction of illegal reentry into the United States from Federal Court in Jefferson City, Missouri.  In  all four cases, Camarena-Jacinto was found by immigration judges to be in the United States illegally and he was deported to Mexico.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Camarena-Jacinto further admitted to ICE agents that he was a Mexican citizen.

Senior United States District Judge John T. Copenhaver Jr. presided over the hearing.  Assistant United States Attorney Erik S. Goes handled the prosecution.

 

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HUNTINGTON, W.Va. –  In two separate cases, Huntington men were sentenced to five years in prison for federal drug crimes, announced United States Attorney Mike Stuart.

“Week after week we are sending heroin and fentanyl dealers to federal prison,” said United States Attorney Mike Stuart.   “When I took office, I promised to get poison peddlers off of our streets and lock them up, and that’s exactly what we’re doing.”

George Gordon, 46, was sentenced for possession with intent to distribute 40 grams or more of fentanyl.  Gordon previously admitted that on December 19, 2018, officers with the Huntington Police Department executed a search warrant at Gordon’s residence at 416 30th Street in Huntington.  Officers recovered 67 grams of fentanyl from a jar in the kitchen.  The Huntington Police Department conducted the investigation.   Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

David Bond, 38, previously pled guilty to two counts of possession with intent to distribute heroin and one count of possession with intent to distribute fentanyl.  On three separate occasions between February 7, 2018, and February 20, 2018, Bond sold heroin and what he believed to be heroin, but in fact turned out to be fentanyl, to a confidential informant working with the DEA/HIDTA Task Force.  The drugs sold on these dates were tested by the DEA Lab and confirmed to be heroin and fentanyl.  The DEA/AHIDTA Task Force conducted the investigation.  Assistant United States Attorney Ryan A. Keefe handled the prosecution. 

United States District Judge Robert C. Chambers imposed the sentences. 

These cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

 

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CHARLESTON, W.Va. – A Wood County woman pled guilty to a drug trafficking offense,  announced United States Attorney Mike Stuart.  Brooke Alexandria Kimble, 21, of Parkersburg, pled guilty to distribution of fentanyl.

“Fentanyl is so powerful.  So deadly. And this dealer’s deeds led to death,” said United States Attorney Mike Stuart.  “Too many West Virginians have died as a result of fentanyl overdoses.  Drug dealers must be held accountable. The peddlers of death must end the chaos and destruction they deliver to our people.”

Kimble admitted that on January 7 and 8, 2019 she distributed what she believed to be heroin to a police informant.  Laboratory analysis later determined the substance was fentanyl.  She further admitted that on January 5, 2019 she distributed what she believed to be heroin to Frederick Lawson who died later that day of fentanyl overdose.  The transactions all occurred at her residence on Avery Street in Parkersburg. 

Under the plea agreement, Kimble faces 10 to 15 years in prison when sentenced on January 23, 2020. 

The Parkersburg Police Department and the Parkersburg Narcotics and Violent Crimes Task Force conducted the investigation.   United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Joshua C. Hanks is handling the prosecution.

 

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CHARLESTON, W.Va. – A Wood County man pled guilty to a federal gun crime, announced United States Attorney Mike Stuart.  Mark Matthew Smith, 29, of Parkersburg, pled guilty to being a felon in possession of a firearm.

Smith admitted that he possessed a KAHR, .45 caliber pistol during a traffic stop on December 6, 2017 in Parkersburg.  His possession of the firearm was illegal due to his having been convicted in the Circuit Court of Wood County of forgery in December 2011 and grand larceny in January 2012.

Smith faces up to 10 years in prison when he is sentenced on January 23, 2020.

The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation.   United States District Judge Joseph R. Goodwin presided over the hearing. 

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

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CHARLESTON, W.Va.—A Whitesville man pled guilty to a federal gun charge, announced United States Attorney Mike Stuart.  Daniel C. Runion, 34, pled guilty to possession of a firearm by a prohibited person.  Mike Stuart commended the investigation by the West Virginia State Police assisted by Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Runion admitted that he possessed a firearm in his residence on April 30, 2019, when a search warrant was executed in Whitesville.  Runion was prohibited from possessing a firearm because of a 2012 federal felony conviction for receipt of child pornography.

Runion is scheduled to be sentenced on January 29, 2020, and faces up to 10 years in prison, a $250,000 fine, and at least three years of supervised release.

Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorneys Kristin F. Scott and Erik S. Goes are handling the prosecution.

 

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