Southern District of West Virginia

HUNTINGTON, W.Va. – An Ohio man caught with heroin in August 2017 was sentenced today to 24 months in prison for his role in a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Eric Brown, also known as “Eddie,” 47, previously pled guilty to an indictment charging him with conspiracy to distribute heroin.

“It’s been almost a year since we indicted the defendants in Operation Saigon Sunset,” said United States Attorney Mike Stuart.  “No revolving door.  All of the defendants have been convicted and are in the process of being sentenced.  Sentences well deserved.”

Brown admitted that he worked with Willie Peterson, also known as “Chill,” and Manget Peterson, also known as “Money,” to distribute heroin in Huntington, West Virginia.  Specifically, he admitted that he distributed heroin from the Ramada Inn Motel in Huntington, West Virginia in August 2017.  Officers executed a search warrant on the motel room and seized approximately 35 grams of heroin.   

This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart, Huntington Police Chief Hank Dial, Appalachia HIDTA Deputy Director Kenny Burner and other law enforcement partners will hold a press conference tomorrow, Tuesday, April 2, at 1:00p.m., to announce a new law enforcement collaboration in Huntington.      

Who:               United States Attorney Mike Stuart

                        Chief Hank Dial, Huntington Police Department

                        Deputy Director Kenny Burner, Appalachia HIDTA

                        RAC Adam Black, ATF

                        SAC Chris Evans, DEA

                        Chief Mike Coffey, Barboursville Police Department

                        Corky Hammers, Cabell County Prosecuting Attorney

What:               Press Conference

Where:             Huntington Police Department

                          675 10th Street

                          Huntington, WV

When:             Tuesday, April 2 @ 1:00pm

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that two men pled guilty to immigration crimes before United States District Judge Irene Berger in Beckley.  Both men entered guilty pleas to the felony offense of Reentry of a Removed Alien and are scheduled to be sentenced on July 10, 2019.

“The crisis on the border is exacerbated by illegal entrants repeatedly being deported only to come back again,” said United States Attorney Mike Stuart.  “We’re spending considerable taxpayer dollars and prosecutors’ time on illegal reentry cases that reduce the time we have to prosecute other crimes.  This is a growing problem.”

On February 1, 2019, Luis Figueroa-Zuniga, 44, a Honduran national, was found in Ronceverte, Greenbrier County, West Virginia.  Federal agents with ICE had received a tip that he was working illegally at a restaurant.  ICE agents investigated and located Figueroa-Zuniga leaving his residence to travel to the restaurant. ICE agents requested identification from him.  Figueroa-Zuniga immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status.  ICE agents took Figueroa-Zuniga into federal custody. Fingerprinting matched Figueroa-Zuniga to a prior removal from the United States in 2005.   Figueroa-Zuniga was found by immigration judges to be in the United States illegally and was deported to Honduras.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Figueroa-Zuniga further admitted to ICE agents that he was a Honduran citizen.

On January 22, 2019, Samuel Hernandez-Hernandez, 31, a Mexican national, was found in Beaver, Raleigh County, West Virginia.  Federal agents with ICE had received information that Hernandez-Hernandez was incarcerated in the prison facility and was not a United States citizen.  Agents confirmed this information and they lodged a detainer against him.  ICE agents further confirmed Hernandez-Hernandez was not in the country legally by speaking with him telephonically.  Hernandez-Hernandez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status.  Fingerprinting matched Hernandez-Hernandez to two prior removals from the United States in 2015 and 2016.   Hernandez-Hernandez was found by immigration judges to be in the United States illegally and was deported to Mexico.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Hernandez further admitted to ICE agents that he was a Mexican citizen.

The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE).  Assistant United States Attorneys Erik S. Goes and Stefan Hasselblad are responsible for the prosecution.  

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BECKLEY, W.Va.—United States Attorney Mike Stuart announced today that a Michigan man pled guilty to a federal drug charge.  D’Andre Lee Mathis, 27, of Mount Clemens, Michigan, pled guilty to aiding and abetting the distribution of oxymorphone.  The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force. 

“Out-of-state drug dealers, particularly from Michigan and Ohio, have infiltrated West Virginia via the Detroit Mountaineer Express,” said United States Attorney Mike Stuart. “I am working with the United States Attorneys in Ohio and Michigan to try to end this diabolical flow of drugs into West Virginia.  We are doing everything possible to send them packing – by way of a federal prison.”

Mathis admitted that on June 9, 2017, he distributed three oxymorphone pills to a confidential informant in Alderson after his co-defendant, Cody Reed Godfrey, helped set up the deal.  He further  admitted that he was responsible for distributing, or possessing with intent to distribute, dozens of oxymorphone pills in Greenbrier County.  Mathis faces up to 20 years in prison when he is sentenced on July 24, 2019.  Godfrey previously pled guilty to distribution of oxymorphone and was sentenced to 18 months in prison in August of 2018.

Assistant United States Attorney John File is handling the prosecution.  United States District Judge Irene C. Berger presided over the plea hearing. 

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CHARLESTON, W.Va. – A Florida man admitted to possessing marijuana with intent to distribute for remuneration, and was immediately sentenced, announced United States Attorney Mike Stuart.  Russell William Smith III pled guilty before United States District Judge Joseph R. Goodwin and was subsequently sentenced to nine months in prison.  Stuart commended the investigation conducted by the West Virginia State Police. 

“Marijuana is increasingly potent and dangerous,” said United States Attorney Mike Stuart. “This drug dealer was not only driving under the influence but transporting large quantities of marijuana with the intent to sell it. We prosecute all illegal controlled substances in this district and will continue to vigorously enforce federal law.”

As established by public court filings and hearings, on June 4, 2018, Sergeant Brian K. Hammontree with the West Virginia State Police, spotted a truck driving erratically in the Smith Creek area of Kanawha County.  The truck swerved off the roadway several times and jumped onto a sidewalk at one point.  Sergeant Hammontree initiated a stop on the truck, and Smith exited the truck without prompting.  Smith was unsteady on his feet and admitted to drinking “too much.”  Smith provided a breath sample that showed his breath alcohol content was over twice the legal limit.

Sergeant Hammontree asked Smith if there were any drugs in the truck and Smith advised he had a large quantity of marijuana, which Sergeant Hammontree retrieved.  Sergeant Hammontree ultimately recovered multiple pounds of marijuana from Smith’s duffel bag in the bed of the truck, packaged in 17 separate bags.

Assistant United States Attorney Drew O. Inman handled the prosecution.

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CHARLESTON, W.Va. – A Boone County man who had been selling heroin from his home in Racine, West Virginia, entered a guilty plea in court yesterday.  Trevor White, 29, who illegally sold heroin to individuals working with the U.S. 119 Task Force, admitted in court that he had been distributing heroin from his residence.  

“It doesn’t matter whether you are part of a multi-state drug trafficking organization, dealing drugs out of your girlfriend’s house, or living in your mom and dad’s basement,” said United States Attorney Mike Stuart.  “If we catch you peddling poisons in my district, we will prosecute you to the fullest extent of the law.”

In November and December of 2017, White was living on Valle Vista Circle in Racine.  While living with his girlfriend, White sold heroin, including to a cooperating individual with the U.S. 119 Task Force.  White admitted that he had sold heroin on multiple occasions, and these instances were captured on video by the U.S. 119 Task Force. 

White faces a maximum possible penalty of up to 40 years in prison when he is sentenced on June 13, 2019.

Assistant United States Attorney L. Alexander Hamner handled the prosecution.  United States District Judge Joseph R. Goodwin presided over the plea hearing.

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CHARLESTON, W.VA. – United States Attorney Mike Stuart announced today that a Beckley man was sentenced in federal court on his conviction of felon in possession of a firearm.   David Anthony Lacy, 45, was sentenced to 15 months in prison.  The case was investigated by the Charleston Police Department, the Beckley Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

Lacy pled guilty on January 2, 2019, admitting that on May 18, 2017, he was in possession of a firearm, and that he is prohibited from being in possession of a firearm due to his prior conviction of a felony offense. 

Assistant United States Attorney Chris Arthur handled the prosecution.  United States District Judge Joseph R. Goodwin imposed the sentence.

Project Safe Neighborhoods (PSN) is 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 pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Turner Reid Williams, 27, entered his guilty plea to being a felon in possession of a firearm.  Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley/Raleigh County Drug Task Force.

Williams admitted that on January 9, 2018, agents with the Alcohol, Tobacco, Firearms, and Explosives, with the assistance of a confidential informant, conducted a controlled purchase of firearms.  During the controlled purchase, Williams admitted that he retrieved two guns from another location and returned to the site of the controlled purchase and delivered a Taurus, PT111, 9mm semi-automatic pistol to the confidential informant working with the ATF.  He admitted that knew he was not supposed to possess any firearms because he was a convicted felon.  Williams was prohibited from possessing any firearm under federal law because he was previously convicted in 2013 in Raleigh County Circuit Court of the felony offense of Wanton Endangerment with a Firearm.

Williams faces up to 10 years in federal prison when he is sentenced on July 24, 2019.

Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney General reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that two men pled guilty today to federal drug charges. 

“If the fentanyl in these cases had hit the streets, over 25,000 people could have died.  Enough fentanyl to kill over half the city of Charleston,” said United States Attorney Mike Stuart.  “We are producing significant results in Operation Synthetic Opioid Surge (S.O.S.). It’s simple -- if you deal fentanyl, I will do everything in my power to lock you up as long as possible..”

Todd Stephens, 33, from Detroit, Michigan, entered his guilty plea to possession with the intent to distribute a controlled substance, namely fentanyl.  The investigation was conducted by MDENT.  Stephens admitted that on August 28, 2017, he sold what he thought was heroin to a woman.  Based on that sale, MDENT detectives were able to get a search warrant for the Charleston apartment.  During the search of the residence, over 50 grams of fentanyl was seized along with other contraband.  Stephens faces up to 20 years in federal prison when he is sentenced on August 6, 2019. United States District Judge David A. Faber presided over the plea hearing. Assistant United States Attorney Alex Hamner is handling the prosecution.

Peyton Young, 25, from South Point, Ohio, entered a guilty plea in United States District Court in Huntington to an indictment charging him with distribution of fentanyl.  Young admitted that on February 12, 2018, he met a confidential informant in the 400 block of West 10th Street in Huntington and gave the informant fentanyl in exchange for $80.  As part of his plea agreement, Young also admitted that he sold heroin to an informant in April 2018 in Huntington.   Young faces up to twenty years in federal prison when he is sentenced on July 8, 2019.  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.

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 Charleston methamphetamine dealer pled guilty today to federal drug and firearm offenses, announced United States Attorney Mike Stuart.  Gregory Alan Johns, 37, entered his guilty plea to possession with the intent to distribute over 50 grams of methamphetamine, possessing firearms in furtherance of drug trafficking, and being a felon in possession of a firearm. The investigation was conducted by the Charleston Police Department’s Special Enforcement Unit, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

“Another week, another meth dealer and felon with guns convicted,” said United States Attorney Mike Stuart.  “We are strategically focused on eradicating violent criminals like Johns from Charleston’s west side, so there will be many more cases to come.”   

Johns admitted that on September 13, 2017, a search warrant was executed at his residence on the West Side of Charleston, West Virginia. During the search of his residence, detectives located three firearms in his bedroom and a safe which contained fifty grams or more of methamphetamine which Johns intended to distribute.  Johns admitted that he possessed the firearms to protect himself and the drugs. He also admitted that he was not legally permitted to possess the firearms because he was convicted of burglary in Jackson County, West Virginia in 2009.

Johns faces up to life in federal prison when he is sentenced on July 11, 2019. United States District Judge Irene C. Berger presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.

Project Safe Neighborhoods (PSN) is 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 who sold heroin while on federal supervised release for a prior felony drug conviction pled guilty today, announced United States Attorney Michael B. Stuart. Stalin Simon, 47, entered his guilty plea to distribution of heroin.  The Williamstown Police Department conducted the investigation.

“Simon must not have served enough time for his previous federal drug conviction,” said United States Attorney Mike Stuart.  “He couldn’t even wait until he had finished his term of supervised release before he picked up where he left off as a drug dealer.  We’re sending him back to federal prison.”

Simon admitted that on January 18, 2019, his vehicle was stopped by a police officer with the Williamstown Police Department. During a search of the vehicle, police officers seized a distribution quantity of heroin in addition to suspected marijuana and Xanax pills. Simon admitted to the charged drug trafficking activity. Simon was serving a term of federal supervised release for a prior federal felony drug conviction at the time his vehicle was stopped in Williamstown, West Virginia.

Simon faces up to 20 years in federal prison on the heroin charge when he is sentenced on August 6, 2019.  He also faces up to two years in prison for violating his federal supervised release.

Assistant United States Attorney Andrew J. Tessman is responsible for the prosecution. Senior United States District Judge David A. Faber presided over the plea hearing.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced that he will host a public safety community forum in Williamson, West Virginia on April 4, 2019.  The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, continue to be held at locations throughout the Southern District of West Virginia to provide an opportunity for an open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities.   City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.

The Mingo County community forum will begin at 6:00pm on Thursday, April 4, 2019 at the Southern West Virginia Community College, 1601 Armory Drive, Williamson, West Virginia.

For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at deanna.eder@usdoj.gov.

SDWVNews and USAttyStuart

 
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Defendant fraudulently obtained over $50,000

BLUEFIELD, W.Va. –  Kimberly Hall entered a guilty plea yesterday to the felony offense of fraudulently obtaining Social Security income benefits, announced United States Attorney Mike Stuart.  Hall, 43, of  Bluefield, Mercer County, West Virginia faces up to 5 years of in prison when she is sentenced on August 7, 2019.  She will also be required to pay restitution back to the United States Treasury.  United States Attorney Mike Stuart praised the work of the Social Security Administration (SSA) and SSA-Office of Inspector General (OIG). 

“Theft of Social Security benefits is widespread in West Virginia,” said United States Attorney Mike Stuart.  “We are working closely with SSA-OIG to prosecute those who steal income benefits to which they aren’t entitled.”

Hall applied for Title II Social Security benefits in 2007 and to be a representative payee for a minor child.  These Social Security benefits are based on income and living arrangements, and create a duty to report a change in income or living arrangements.  From 2011 to 2016, the minor child no longer resided in Hall’s home.  This was a change in SSI benefits that must be reported because this change in living arrangement would have lowered the amount of money she was receiving every month.  Hall further indicated that the minor child resided at her home when the child no longer resided there. From August 2011 through September 2016, Hall received $50,012 in Social Security benefits in excess of the amount she was due. On November 9, 2016, Hall gave a false statement to a SSA claims representative concerning the minor child.  SSA-OIG investigators investigated the claims and Hall admitted to them that the she had given false statements and that the minor child no longer resided at her home.  She also knew that she was receiving money that she was not entitled to receive.

Assistant United States Attorney Erik S. Goes handled the prosecution.  Senior United States District Judge David F. Faber presided over the hearing.

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CHARLESTON, W.Va. – A Detroit, Michigan, man admitted to distributing acetyl fentanyl and fentanyl, announced United States Attorney Mike Stuart.  Tyrece Ramone Phillips, also known as “Ty,” 32, pled guilty yesterday before United States District Judge Joseph R. Goodwin.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (“MDENT”), Charleston Police Department, Kanawha County Sheriff’s Department, St. Albans Police Department, Nitro Police Department, and South Charleston Police Department.

“Phillips, who has a previous drug conviction, was caught selling acetyl fentanyl and fentanyl on Charleston’s west side,” said United State Attorney Mike Stuart.  “Another Detroit drug dealer has booked his room at the ‘inn.’”

As established by public court filings and hearings, on July 2, 2018, a confidential police informant purchased acetyl fentanyl and fentanyl from Phillips near the 1000 block of 2nd Avenue in Charleston, West Virginia.  Phillips’ maximum possible sentence was enhanced due to a prior conviction for possessing OxyContin with intent to distribute in June 2012.

Phillips is facing up to 30 years imprisonment when he is sentenced on June 17, 2019.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that three men, two from Detroit, Michigan, and one from Huntington, entered guilty pleas today in federal court in Huntington:

Rudolph Donnell Willis, 45, from Detroit, Michigan entered a guilty plea to conspiracy to distribute heroin.  Between March and June of 2015, Willis received heroin which he delivered on multiple occasions to a residence located at 1751 Buffington Avenue in Huntington.  Willis provided the heroin to the occupants of the residence and the occupants would in turn distribute the heroin to various customers.  Willis later collected money from the heroin sales at the residence.  Law enforcement officers executed a search warrant at the residence on June 29, 2015.  Just prior to execution of the warrant, officers observed Willis enter the residence.  During the search, Willis and other individuals in the residence were arrested and officers seized heroin, cocaine, and crack cocaine. 

Willis faces up to 20 years in federal prison when he is sentenced on June 24, 2019. 

The FBI Drug Task Force and the Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.  United States District Judge Robert C. Chambers presided over the plea hearing.

Ellis Simmons, Jr., 49, from Detroit, Michigan, entered guilty pleas to possession with intent to distribute heroin and prohibited possession of a firearm by a convicted felon in federal court in Huntington.  On September 14, 2015, members of the Huntington FBI Drug Task Force executed a search warrant at 2317 Lincoln Avenue in Huntington. When investigators executed the warrant, they located Simmons and two additional individuals inside the residence. Investigators subsequently seized approximately 25 grams of heroin during the search.  Investigators also seized a .22 caliber pistol from a room where Simmons was located.  Simmons was previously convicted of multiple felony offenses and admitted to possessing the gun.  Simmons also admitted that during the month of September 2015, he and others used the residence to distribute heroin.  

Simmons faces up to 30 years in federal prison when he is sentenced on July 8, 2019.

The FBI Drug Task Force and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.  United States District Judge Robert C. Chambers presided over the plea hearing.

“The Detroit Express is very much alive,” said United States Attorney Mike Stuart. “We are working overtime to intercept and prosecute the Detroit drug demons that poison our streets and our kids. Since I became United States Attorney, scores and scores of Detroit thugs have been arrested and prosecuted in the Southern District of West Virginia.  Even the Detroit poison peddlers should be able to figure it out – come to my district and we will see if we can arrange for you to spend a very long time behind bars.” 

Carl Dillow III, 29, of Huntington, entered a guilty plea to an indictment charging him with distribution of fentanyl. Dillow admitted that on May 22, 2017, he met a confidential informant at the Adams Landing apartments in Huntington and gave the informant fentanyl in exchange for $70.  

“Fentanyl is killing too many West Virginians,” said Stuart.  “Fentanyl is the leading cause of overdose for our citizens.  Anyone caught distributing fentanyl will be prosecuted to the maximum extent of the law. 

Dillow faces up to twenty years in federal prison when he is sentenced on July 8, 2019.

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.

These cases are being 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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HUNTINGTON, W.Va. – A New York man who took part in a conspiracy resulting in the distribution of large quantities of methamphetamine across several counties in West Virginia was sentenced today to 238 months in federal prison, announced United States Attorney Mike Stuart.  Marquis Edward Henderson, 33, of Bronx, New York previously pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and prohibited possession of firearms by a convicted felon.  Stuart commended the investigative work of the FBI Drug Task Force and the United States Postal Inspection Service.

“Twenty years for large quantities of methamphetamine and guns by a convicted felon,” said United States Mike Stuart.  “Henderson’s criminal acts earned him every day of his nearly 20 year sentence.”

From at least February of 2016 to June of 2017, Henderson and others obtained quantities of methamphetamine and heroin from California which were mailed to the Huntington and Cross Lanes areas.  Henderson and others would then distribute the drugs to customers in Cabell, Putnam, and Kanawha counties.  Henderson admitted that during the conspiracy, he and others utilized a residence and a storage unit in Cross Lanes to store, prepare and distribute drugs.  Henderson also employed others to distribute drugs by providing large quantities of drugs on credit and receiving payment for the drugs after they were sold. 

On June 1, 2017, agents executed search warrants at the residence and storage unit in Cross Lanes.  During the search, agents seized multiple firearms, ammunition, and over 3 kilograms of methamphetamine that was found to be 98% pure after testing by a forensic chemist.  Henderson was previously convicted of a felony offense and thus, was prohibited from possessing firearms. 

Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.

Project Safe Neighborhoods (PSN) is 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. – In partnership with families who have lost loved ones to drug overdose, United States Attorney Mike Stuart is launching a new program called United States Attorney’s Heroin(e) Education Action Team or USA HEAT.  More information about USA HEAT can be found in the attached brochure. 

Who:               United States Attorney Mike Stuart

                        Stacie Archer, USA HEAT Team Member

                        Principal Melissa Lovejoy, Elkview Middle School

                        Kanawha County Schools Representatives

                        Kanawha County Sheriff’s Department

What:               HEAT Presentation 

Where:         Elkview Middle School

                      5090 Elk River Road

                      Elkview, WV 25071

When:             Tuesday, March 19 @ 9:30am for press conference; presentation @ 10:00am

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CHARLESTON, W.Va. – A South Charleston man pled guilty today to distribution of methamphetamine and felon in possession of firearms charges announced United States Attorney Mike Stuart.  Brandon Starr Clemons, 33, entered his guilty plea before United States District Judge Joseph R. Goodwin.  Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Meth. Felon. Guns,” said United States Attorney Mike Stuart.  “We’re prosecuting so many of these cases, I’m starting to feel like Bill Murray in Groundhog Day. Great work as always by MDENT and ATF.”

On December 12 and 13, 2016 Clemons sold methamphetamine to an MDENT informant.  On December 13, 2016, police executed a search warrant at Clemons’ Ford Street address in South Charleston where they recovered two semiautomatic pistols.  Clemons told the officers that he had sold approximately one ounce of methamphetamine in the days leading up to his arrest.  Clemons had previously been convicted in Kanawha County Circuit Court in 2008 of delivery of a controlled substance.   

Clemons faces up to 30 years in federal prison when his is sentenced on June 20, 2019.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

Project Safe Neighborhoods (PSN) is 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.

Follow us on Twitter: @SDWVNews and @USAttyStuart 
 

 
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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced a record-breaking number of federal gun prosecutions in 2018 as part of on-going Project Safe Neighborhoods (PSN) efforts to reduce violent crime in Huntington.  In early 2018, soon after taking office, Stuart joined forces with the Huntington Police Department, City of Huntington officials and federal, state and local law enforcement partners to launch Project Huntington to identify and prosecute the most violent offenders.  The focused collaboration has met with staggering results.

The City of Huntington saw a dramatic decline in violent crime in 2018, reversing the sharp rise in violent crime that occurred in the City in 2017.  Homicides dropped by 53% in the city and overall violent crime offenses dropped approximately 20% in calendar year 2018. 

The Operation Saigon Sunset takedown in April 2018 was a seminal event that delivered a knockout blow to the City’s violent crime.  The OCDETF investigation culminated into a massive takedown of violent drug offenders, dismantling a multi-state drug trafficking organization responsible for bringing a significant amount of fentanyl, heroin and violence into Huntington.  In conjunction with the takedown, approximately 60 other individuals were arrested on various federal and state violent crime, firearms and drug related charges.  Just as violent crime numbers began trending downward post takedown, first responders report that overdoses in the city, which had previously been some of the highest in the state, began trending downward as well.  Treatment professionals also report an increase in substance use disorder treatment referrals following the April takedown.

The year also brought a record number of new prosecutors to the Stuart’s office, four of which were specifically allocated to prosecute violent crimes.  In the last year, Stuart has more than doubled the number of federal prosecutors assigned to his office in Huntington.   With the additional resources, the U.S. Attorney’s Office-SDWV prosecuted over 100 defendants for firearms-related offenses in calendar year 2018.   In FY 2018, there was a 25% increase in the number of defendants charged with firearms offenses in the District, further representing a 74% increase from the average number of defendants prosecuted in FY 2014 through 2017.

“When I became United States Attorney, the City of Huntington was under siege,” said United States Attorney Mike Stuart.  “From the day I took the oath of office, I made the City of Huntington one of my priorities and vowed to work with all our partners to take the streets back from the diabolical drug dealers and drug thugs who have caused destruction, death and despair.  While we have made tremendous progress over the last year, you won’t find us resting on our laurels.  There is still much work left to do.”

“The Huntington Police Department's PSN-based Violent Crime Initiative allows for the rapid investigation, timely apprehension and thorough prosecution of criminals before they can become violent offenders in our City,” said Huntington Police Chief Hank Dial.  “Our partnership with the DEA, the ATF, the U.S. Marshals Service and U.S. Attorney Mike Stuart's Office has greatly enhanced our local efforts to reduce violent crime in Huntington.  PSN is an essential program to our effort of keeping the citizens of our country safe.”

“ATF strives to be ‘no better partner’ to other law enforcement agencies,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division.  “During the past year, this partnership investigated illegal sources of crime guns and persons who illegally possessed or used guns to commit violent crimes in the Huntington area.  Together, we aggressively pursued ‘traffickers and trigger pullers,’ making use of crime gun intelligence to disrupt the shooting cycle.  These efforts support the Department of Justice’s Project Safe Neighborhoods in making our communities safer for everyone.”

“The success of the Project Safe Neighborhoods initiative is a testament to the hard work and dedication of all the law enforcement professionals in the region working in a truly collaborative fashion,” said D. Christopher Evans, the Drug Enforcement Administration’s Special Agent in Charge for West Virginia.  "We could not ask for a better group of professionals to work with toward the shared goal of reducing violent crime in Huntington and the surrounding communities.”

“This is a coordinated effort, which calls upon all levels of law enforcement to combine forces to stop gun violence and drug-fueled crimes in our neighborhoods, and to increase community safety,” said Special Agent in Charge Robert Jones. “The residents of Huntington have been dealing with the drugs and violence for far too long. We will continue to use all of our tools available to make sure people who bring violence to these streets are punished to the fullest extent of the law.”

Project Safe Neighborhoods (PSN) is 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 Huntington man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Jeremy Midkiff, 38, entered a guilty plea to an indictment charging him with distribution of fentanyl.

“Fentanyl equals death,” said United States Attorney Mike Stuart.  “We prosecute every case involving fentanyl through Operation Synthetic Opioid Surge (S.O.S).  The fentanyl crisis represents an extraordinary public health crisis.  Fifty times more powerful than heroin – FIFTY TIMES – and so powerful that just a few flecks the size of grains of salt can cause rapid death. Victims, from the famous like Prince and Tom Petty to the anonymous person we don’t know, are needlessly piling up.” 

Midkiff admitted that on May 2, 2017, he met a confidential informant in Huntington and gave the informant fentanyl in exchange for $70.     

Midkiff faces up to twenty years in federal prison when he is sentenced on June 24, 2019.

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.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas. 

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HUNTINGTON, W.Va. -- A Detroit, Michigan man was sentenced to 15 months in prison today for distributing fentanyl, announced United States Attorney Mike Stuart. Octavius Ellis, 23, previously pled guilty in December 2018 to knowingly and intentionally distributing fentanyl.  The Huntington Police Department handled the investigation.

“Another Detroit drug thug going to federal prison by way of the Detroit to Huntington express,” said United States Attorney Mike Stuart. “The message to Detroit and the Detroit poison peddlers – there’s plenty of room at the “inn” if you bring your poisons to West Virginia.”

On January 19, 2018, officers with the Huntington Police Department utilized a confidential informant to arrange a controlled buy of heroin from Ellis. Ellis arrived at the buy location in the West End of Huntington and provided the confidential informant with a substance he represented to be heroin in exchange for $70. Testing by the West Virginia State Police Lab confirmed the substance to actually be fentanyl. 

United States District Court Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Monica D. Coleman 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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HUNTINGTON, W.Va. – A Detroit man who helped sell heroin in Huntington between 2014 and 2016 pled guilty yesterday to a federal drug charge, announced United States Attorney Mike Stuart.  Charles Deshawn Lockhart, 27, entered a guilty plea to conspiracy to distribute 100 grams or more of heroin in federal court in Huntington.  Stuart commended the investigative efforts of the FBI Drug Task Force and the Huntington Police Department.

“Detroit has one of the biggest drug problems in the country and, sadly, that problem is being exported to places like Huntington, West Virginia,” said United States Attorney Mike Stuart. “This is another case of Detroit’s problems finding their way to the streets of West Virginia. My words and my record could not be more clear – I’ll do everything in my power to lock up every Detroit poison peddler and drug thug that brings his junk into my district.”

Between November of 2014 and May of 2016, Lockhart admitted he conspired with multiple individuals to distribute heroin in the Huntington area.  During the conspiracy, Lockhart received quantities of heroin on consignment which he distributed to various customers.  Lockhart would then collect payment for the heroin and return it to other co-conspirators.  As part of his plea, Lockhart further admitted that he distributed heroin to a confidential informant in October of 2015.

Lockhart faces up to 40 years in federal prison when he is sentenced on June 24, 2019. 

Assistant United States Attorney Joseph F. Adams is handling the prosecution.  The plea hearing was held before United States District Judge Robert C. Chambers.

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CHARLESTON, W.Va. – An Akron, Ohio, man admitted to possessing methamphetamine with intent to distribute and carrying a firearm during a drug trafficking crime, announced United States Attorney Mike Stuart.  Rodney Lammar Hargrove, age 48, pled guilty today before United States District Judge David E. Faber.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), Charleston Police Department, Kanawha County Sheriff’s Department, St. Albans Police Department, and South Charleston Police Department.

“Another out-of-state drug dealer with meth, heroin and a gun -- and CARFENTANYL -- on Charleston’s West Side,” said United States Attorney Mike Stuart.  “Carfentanyl- the same fentanyl analogue that is used to tranquilize elephants. I am so grateful to our law enforcement officers for getting Hargrove and these deadly drugs off our streets and away from our families.”

As established by public court filings and hearings, on February 16, 2018, police were investigating a known drug house on Frame Street in Charleston, West Virginia.  The investigators found suspected heroin, needles, and other drug paraphernalia.  As they were preparing to leave, Hargrove entered the house.  Hargrove admitted that he was carrying a gun, which the investigators retrieved for their safety.  Hargrove also gave the investigators permission to retrieve drugs that he was carrying: approximately 20 grams of ice methamphetamine and approximately 6 grams of a mixture containing carfentanyl, a powerful and deadly fentanyl analogue.

Investigators arrested Hargrove and transported him to the police station, where he confessed to investigators that he was a drug dealer.  Hargrove explained that he had been receiving about a half-ounce of methamphetamine and 10 grams of heroin at a time for resale in Charleston.

Hargrove is facing a mandatory minimum of ten years in prison and up to life imprisonment when he is sentenced on August 6, 2019.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

This case is being 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. – United States Attorney Mike Stuart issued the following statement:

"The heinous acts of mass and brutal violence that targeted mosques in New Zealand are troubling and repugnant on many levels.  My heart is broken for the victims of this senseless event. Violence against any people on the basis of religion or, for that matter, any basis, are acts that deserve our unified condemnation.  Today, we are all New Zealanders.”

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CHARLESTON, W.Va. – A  Cabin Creek man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart.  Hughie Wayne Petry, 38, pled guilty to being in possession of a stolen sawed off shotgun that was not registered to him with the National Firearms Registration and Transfer Record.   The investigation was conducted by the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  

On May 6, 2018, the Kanawha County Sheriff’s Office received a call from an individual in the Cabin Creek area that a male had a sawed off shotgun and was yelling threats in the street.  A Kanawha County Sheriff’s Deputy responded to the call, and located the individual who attempted to escape by jumping into an area creek.  The Deputy tracked down Petry and was able to recover the sawed off shotgun.   Petry admitted being in possession of the sawed off shotgun; that he stole the sawed off shotgun; and that it was not registered to him as required by the National Firearms Registration and Transfer Record. 

Petry faces up to 10 years in prison when he is sentenced on June 20, 2019.

United States District Judge Joseph R. Goodwin presided over the plea hearing.  Assistant United States Attorney Chris Arthur is handling the prosecution.  

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that his office has concluded its current investigation into the West Virginia Supreme Court of Appeals.

“Our long-term investigation into corruption of West Virginia’s highest court is now concluded,” said United States Attorney Mike Stuart. “Absent new information or new allegations of impropriety or illegality, based on the information we have investigated and reviewed, we are hopeful that the period of uncertainty and taint of West Virginian’s highest court is over.  This does not mean there will not be another investigation regarding other issues at some point in the future, but, for now, we are finished with our work. Although necessary on behalf of the people of West Virginia and in defense of the rule of law, the indictment and conviction of former Chief Justice Allen Loughry and the Information and conviction of former Justice Menis Ketchum brought me no personal pleasure.  Rather, my satisfaction is that my office was able to play a significant role in restoring the confidence of the people of West Virginia in the West Virginia Supreme Court. I have great sympathy for the families involved in this matter, but I have said many times, this office takes the issue of public corruption and abuse of the public trust incredibly seriously.  There is no such thing as a little bit of public corruption.  I want to thank the FBI, the West Virginia Commission on Special Investigations and the Internal Revenue Service-Criminal Investigation Division for their work in conducting the investigations and Assistant United States Attorneys Phil Wright and Greg McVey and former Assistant United States Attorney Anna Forbes their remarkable work in the prosecutions.”

Former West Virginia Supreme Court Justice Allen Loughry II was convicted by a federal jury in October 2018 of one count of mail fraud, seven counts of wire fraud, and two counts of lying to the FBI.  He was sentenced last month to 24 months in prison and ordered to pay restitution to the State of West Virginia and the Pound Civil Justice Institute.  Loughry will report to prison on April 5, 2019.  Loughry’s convictions resulted from fraudulent activity while he was a sitting Justice on the Supreme Court. The mail fraud conviction stemmed from his defrauding the Pound Civil Justice Institute of approximately $400 in the summer of 2014, when he claimed mileage to attend a conference in Baltimore, Maryland, as if he had driven his own personal vehicle when in fact he drove a Supreme Court vehicle. The seven wire fraud convictions related to Loughry’s using a government fuel card to buy gasoline for travel that was not official business. Two of those wire fraud convictions involved purchases of gasoline by Loughry late at night on a holiday or weekend, not long after he had already filled up the Supreme Court’s vehicle with gasoline upon returning from a trip. The remaining five convictions for wire fraud involved purchases of gasoline with a government fuel card and travel by Loughry in a Supreme Court vehicle to attend book-signing events at The Greenbrier Resort, for the book Loughry authored in 2006 about public corruption in West Virginia.  Loughry’s two convictions for lying to the FBI resulted from false answers he gave during an interview on March 2, 2018, by a Special Agent of the FBI. During that interview, Loughry claimed he never used a state vehicle for personal use and that he did not know that a desk he had in his home was a “Cass Gilbert desk” or even a desk anyone had ever claimed to be a Cass Gilbert desk.

Former West Virginia Supreme Court Justice Menis Ketchum II pled guilty to wire fraud in August 2018 and was sentenced earlier this month to three years of probation.  He admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia.  The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip.  In particular, on August 6, 2014, he traveled to the private golf club in a State vehicle, and returned to his home on August 9, 2014.  During the return trip to Huntington, Ketchum used a State fuel card to purchase gasoline in Princeton, West Virginia, causing an interstate wire communication.  

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CHARLESTON, W.Va. – A Kanawha County felon pled guilty to a federal gun crime, announced United States Attorney Mike Stuart.  Mason Laviro Scragg, 24, of Chesapeake, West Virginia, entered his guilty plea to being a felon in possession of a firearm.  Stuart commended the investigation conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Convicted felon. Stolen gun. Meth,” said United States Attorney Mike Stuart.  “It’s offenders like Scragg that are responsible for much of the crime in our communities.” 

As established by public court filings and hearings, on August 16, 2018, a man reported to Kanawha County Deputies that his house in Rand, West Virginia, was burglarized.  The burglars stole six firearms, three digital cameras, vehicle titles, $1,000 in savings bonds, and various other personal items.  

Later that day, a Kanawha County Deputy found some of the stolen items in a backpack outside of an empty, abandoned house on Church Drive.  The Deputy spotted another dilapidated, abandoned house nearby, with the doors open.  After entering the house and announcing his presence, the Deputy found Scragg lying on a mattress.  One of the stolen firearms, a 12 gauge shotgun, was protruding from under the mattress directly beneath Scragg.  Deputies also recovered close to five grams of methamphetamine in Scragg’s room.

At the time that he possessed the shotgun, Scragg was a convicted felon whose right to possess a firearm had not been restored.  Scragg is facing up to 10 years in prison when he is sentenced on June 19, 2019.  United States District Judge John T. Copenhaver, Jr. presided over the hearing.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

Project Safe Neighborhoods (PSN) is 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. – United States Attorney Mike Stuart issued the following statement regarding the West Virginia Legislature’s passage of a bill designating a “Back the Blue” license plate.

“It was almost one year ago that I rolled out the proposal for a Back the Blue license plate in partnership with the West Virginia FOP.  I am so proud that West Virginia is now one of the first states in the country to have a specialized license plate that will allow West Virginians to recognize, honor and show their support for our law enforcement personnel.  The West Virginia Legislature passed House Bill 2846 and it now awaits the Governor’s signature.  I want to extend my thanks to the West Virginia FOP and all those involved in making the West Virginia Back the Blue license plate a reality.”

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Prohibited Person Status as Due to Two Prior Domestic Violence Convictions

CHARLESTON, W.Va. -- A Dunbar, West Virginia man was sentenced to 18 months in prison, announced United States Attorney Mike Stuart. Brian M. Oliver, 22, previously pled guilty on December 17, 2018, to the felony offense of being a prohibited person in possession of a firearm.  Oliver also agreed to the forfeiture of the gun.   Stuart praised the work of the Dunbar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Domestic violence is an insidious, diabolical force in society that must be rooted out at every level,” said United States Attorney Mike Stuart.  “Those folks that are domestic batterers have lost their right and privilege to possess a firearm.  There’s no greater champion of the Second Amendment than me but the thugs that beat and whip and abuse those weaker than them should never be near a firearm.”

On April 29, 2018, Dunbar Police Officers stopped a truck for a traffic infraction.  Oliver was a passenger in the truck.  During the course of the traffic stop, Oliver admitted to officers that he had a firearm on his person.  Dunbar officers subsequently patted down Oliver and recovered an Iver Johnson .22 caliber pistol in his front pants pocket.  Record checks revealed Oliver had been convicted of the misdemeanor offense of Domestic Battery in Kanawha County Magistrate Court in January 2017, and also of Second Offense Domestic Battery in March 2017.   As a result of these convictions, Oliver is prohibited from carrying a firearm.  Oliver admitted to the Dunbar police officers that he possessed the firearm and was not supposed to do so.  The ATF traced the gun, revealing that it had traveled in interstate commerce as it was not manufactured in West Virginia.

Assistant United States Attorney Erik S. Goes is handling the prosecution. The hearing was held before United States District Judge Joseph R. Goodwin.

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BECKLEY, W.Va. – A federal jury has convicted a Greenbrier County man on federal gun charges, announced United States Attorney Mike Stuart.  In January 2018, Ronald Collins, 39, lied on ATF form 4473, indicating that he had never been committed to a mental institution, and thereafter purchased a firearm.  The jury returned guilty verdicts on charges of making a false and fictitious written statement on an ATF Form 4473 in order to acquire a firearm, and of being in possession of a firearm after being committed to a mental institution.    The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the West Virginia State Police conducted the investigation.

 “Collins is prohibited from possessing a firearm by virtue of having previously been committed to a mental institution,” said United States Attorney Mike Stuart.   “This is a prime example of how enforcing existing gun laws keeps guns out of the wrong hands.   I want to thank ATF, the West Virginia State Police and my prosecutors for their exemplary work in this case.”

Collins posted several videos of himself with the firearm on social media, including one of him shooting the firearm, which were shown to the jury.  Collins now faces up to 20 years in prison when sentenced on July 10, 2019. 

United States District Judge Irene C. Berger presided over the trial.  Assistant United States Attorneys Steve Loew and Alex Hamner handled the prosecution. 

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HUNTINGTON, W.Va. – A Branchland woman caught delivering fentanyl to another individual last year in Huntington pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart.  Rebecca S. Bryant, 41, entered a guilty plea to conspiracy to distribute fentanyl in federal court in Huntington.  Stuart commended the investigative efforts of the Huntington Police Department.

“Over 100 grams of fentanyl,” said United States Attorney Mike Stuart, “could have wiped out the entire population of Huntington.  Everyone.  Nada.  Game over.  We owe law enforcement a huge debt of gratitude for intercepting this deadly drug before it hit the streets.   As part of Operation Synthetic Opioid Surge (S.O.S.), we are continuing to prosecute each and every fentanyl dealer to the maximum extent of the law.”

On May 23, 2018, officers with the Huntington Police Department observed Bryant meet with another individual in her vehicle in the parking lot of the Little Caesar’s restaurant located at 100 7th Avenue in Huntington.  After meeting with the individual, Bryant left the lot and officers conducted a traffic stop of Bryant’s vehicle.  Bryant admitted that she had provided a package containing drugs to the individual.  The other individual was also stopped and officers seized a package containing in excess of 100 grams of fentanyl.  Bryant admitted that she received the fentanyl earlier the prior week and that, on May 23, she was directed to deliver it at the Little Ceasar’s.   

Bryant faces up to 20 years in federal prison when she is sentenced on June 17, 2019.

Assistant United States Attorney Joseph F. Adams is handling the prosecution.  The plea hearing was held before United States District Judge Robert C. Chambers.

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CHARLESTON, W.Va. –  United States Attorney Mike Stuart announced his commitment to ending elder abuse.  Approximately one in ten Americans aged 60 and over have experienced some form of elder abuse in the last year.  The abuse can be physical, psychological, or financial.  Financial scams result in seniors losing billions each year.

With the signing of the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, President Trump and his administration placed a renewed focus on those who prey on the elderly.

“I will do everything within my power to protect West Virginia’s seniors and elderly. I have made it a priority to prosecute those who defraud them,” said United States Attorney Mike Stuart.  “My office fully embraces Attorney General Barr’s and the Department of Justice’s Elder Justice Initiative. We will be working closely with our law enforcement partners to file both criminal and civil cases against fraudsters, lowlifes and scammers that target the elderly.  This is a priority for which you will be reading headlines in the coming months. I will seek maximum sentences and penalties in every case of elder abuse.”

If you or someone you know is the victim of elder fraud/exploitation, we encourage you to reach out to the United States Attorney’s Office for the Southern District of West Virginia at 800-659-8726 (USAO).  Assistant United States Attorney Rachel Kincaid is the Elder Justice Coordinator.  And if you or someone you know is suffering from physical abuse, or is in immediate danger, please call 911 or contact your local law enforcement.  Elder justice resources, training, and outreach materials can be found at the Department of Justice’s Elder Justice website, www.elderjustice.gov.

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BLUEFIELD, W.Va. – A Princeton woman pled guilty today to federal gun crimes, announced United States Attorney Mike Stuart.  Kimberly Addair, 46, of Princeton, West Virginia, entered her guilty pleas to one count of making false or fictitious statements, and one count of disposing of firearms to a convicted felon.  Stuart commended the investigative efforts of federal agents from West Virginia and New Jersey offices of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

“Don’t lie for the other guy,” said United States Attorney Mike Stuart.  “Lying and buying for someone else- a serious, serious crime. Making false statements on ATF Forms in order to purchase guns for those that shouldn’t have them, will land you in federal court and facing a potentially significant sentence in federal prison.” 

During Addairs’s plea hearing, it was established that on March 30, 2016, Kimberly Addair made false and fictitious statements on a Department of Justice ATF Form 4473 by indicating she was the actual purchaser of firearms when in reality, she was purchasing the firearms for a convicted felon.  Addair had previously admitted to law enforcement officers that she purchased the firearms for another person that she knew was a convicted felon.  She then admitted to transferring the firearms to the person she knew to be a convicted felon and was prohibited from possessing any firearms according to federal law.  One of the firearms purchased by Addair on March 30, 2016 was recovered in New Jersey in the possession of a convicted felon.   

Addair now faces a sentence of up to ten years in prison and a fine of up to $250,000 on each count.  Addair’s sentencing will be held on July 2, 2019.  

Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney General reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Fayette County man was sentenced in federal court on his conviction for conspiracy to distribute oxycodone.  Gary Harvey, 48, of Fayetteville, was sentenced to 70 months in federal prison.  Harvey was one of the defendants charged in connection with Operation Mountaineer Highway, which resulted in a large scale takedown in September 2018.  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 (ATF), 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. 

“Operation Mountaineer Highway dismantled a multi-state, poly-drug network,” said United States Attorney Mike Stuart.  “I am extremely proud of the work of law enforcement throughout the operation and the lasting positive impact it has had on Fayette County and the surrounding area.”

Harvey previously entered a guilty plea to conspiracy to distribute oxycodone.  During the plea hearing, Harvey admitted that in June 2018, he worked with other members of a drug trafficking organization operating in Fayette County to distribute oxycodone pills.  Harvey admitted that he distributed approximately 550 30mg oxycodone tablets to other members of the drug trafficking organization knowing it was the plan of those individuals to resell the pills illegally for profit.      

Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.

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Defendant had three prior deportations to Mexico

CHARLESTON, W.Va. – A Mexican national man was sentenced to seven months incarceration for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Gilberto Espino-Velasquez, 41, has been in custody since November 8, 2018.  Espino-Velasquez will be remanded to ICE custody to institute deportation proceedings at the conclusion of his sentence.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“They just keep coming,” said United States Attorney Mike Stuart.  “Espino-Velasquez had three prior deportations.  I applaud ICE for their tireless work in enforcing our immigration laws.”

On November 8, 2018, Espino-Velasquez was found in Nitro, Kanawha County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working on a construction crew in the area.  Pursuant to this investigation,  ICE agents approached Espino-Velasquez and he surrendered to them. Agents immediately confirmed that Espino-Velasquez was not in the United States legally, and took him into federal custody.

Espino-Velasquez  fingerprints matched him to three prior encounters in 2003 where he was found in the United States illegally and deported from the United States to Mexico.  He was also previously convicted of illegally entering the United States in September 8, 2003 in the Western District of Texas.   Espino-Velasquez again illegally reentered the United States prior to his capture in 2018.  Espino-Velasquez had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Espino-Velasquez  also admitted to ICE agents that he was a Mexican citizen.

Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge John T. Copenhaver Jr. presided over the hearing.

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CHARLESTON, W.Va. – A Georgia man pled guilty to a drug charge today, announced United States Attorney Mike Stuart.  Clifford Allen Angle, 31, pled guilty to possession with intent to distribute methamphetamine.  The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Another violent drug trafficker removed from the streets of Charleston,” said United States Attorney Mike Stuart.  “Angle has prior drug trafficking convictions and was carrying a firearm when arrested by Charleston Police Officers.  Drug traffickers bringing chaos and violence into our communities will be earning a chance for a stay in federal prison.”

Angle was arrested on August 1, 2017, in downtown Charleston with a firearm and a quantity of methamphetamine.  Pursuant to his plea agreement, he admitted that he traveled from Georgia with approximately two ounces of methamphetamine to distribute in West Virginia.  He also admitted that he has two prior drug trafficking convictions.

Angle faces up to 20 years imprisonment and a $1,000,000 fine when he is sentenced on May 29, 2019.

Assistant United States Attorney Steve Loew is handling the prosecution.  United States District Judge Joseph R. Goodwin presided over the plea hearing.

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BLUEFIELD, W.Va. – Two brothers from Bluefield were sentenced today to federal prison for their roles in federal drug and gun charges, announced United States Attorney Mike Stuart.  Tyquon Freeman, 21, of Bluefield, West Virginia, was sentenced to 81 months in federal prison.  Tykeem Freeman, 25, also from Bluefield, was sentenced to federal prison for 70 months.   Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“These brothers, just 21 and 25 years old, were both already convicted felons and on parole when caught up in criminal activity again last year,” said United States Attorney Mike Stuart.  “The Freemans are the type of defendants we are prosecuting under our Project Safe Neighborhoods initiative in an effort to remove the most chronic violent offenders from our communities.”

Tyquon Freeman previously entered a guilty pleas to possession with intent to distribute less than 50 kilograms of marijuana and possession of a firearm in furtherance of a drug trafficking crime.   Tyquon Freeman previously admitted that on two separate dates in April, 2018, he sold marijuana to a confidential informant working with the Southern Regional Drug and Violent Crime Task Force.  On April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and ATF executed a search warrant at Freeman’s house in Bluefield, West Virginia, where the prior drug transactions had occurred.  When the agents entered the residence, they found approximately ten pounds of marijuana, some of which Freeman admitted he intended to distribute in exchange for money.  Officers also found three firearms.  Tyquon Freeman also admitted that he acquired one of the firearms to protect his drugs and drug proceeds, even though he knew he was prohibited from possessing any firearms because he was a convicted felon.  Freeman further admitted that at the time he committed this offense, he was still on parole out of the state of Virginia.  Freeman was prohibited from possessing any firearm under federal law because of a 2017 drug-related felony conviction in Tazewell County, Virginia.

Tykeem Freeman previously entered a guilty plea to being a felon in possession of a firearm.  During the plea hearing, Tykeem Freeman admitted that on April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and ATF executed a search warrant at the house he was living in with his brother.  When the agents entered the residence, Freeman was in possession of a Ruger, LCP .380 semi-automatic pistol.  He also admitted that he attempted to hide the pistol from law enforcement officers because he knew he was not supposed to possess any firearms because he was a convicted felon.  He further admitted that at the time he committed this offense, he also was on parole out of the state of Virginia.  Tykeem Freeman was prohibited from possessing any firearm under federal law because he was previously convicted of a drug-related felony in Tazewell County, Virginia, in 2016.

Assistant United States Attorney Timothy D. Boggess handled the prosecutions.  Senior United States District Judge David A. Faber imposed the sentences.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney General reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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BECKLEY, W.Va.—United States Attorney Mike Stuart announced today that two defendants were sentenced on drug charges in federal court in Beckley.  Jacqueline Pauley, 29, of Sophia, was sentenced to 12 months in prison for aiding and abetting the distribution of methamphetamine, and Darla Reed, 40, of Alderson, was sentenced to 24  months in prison for possession with intent to distribute methamphetamine.

“A little advice to meth dealers - get out of my district or I’ll do my best to lock you up as long as possible,” said United States Attorney Mike Stuart.  “In partnership with drug and violent crime task forces through the district and my law enforcement partners, we are prosecuting meth dealers at a record clip.  Convicted meth dealers get the amenities of a small cell, no turn down service, and no chocolate on the pillow.” 

Jacqueline Pauley pled guilty in November, admitting that on June 13, 2018, she assisted her husband, Adam Pauley, in the distribution of about an ounce of methamphetamine to Reed at Sam Black Church in Greenbrier County.  Reed also pled guilty in November, and admitted that she intended to distribute some of the methamphetamine which she obtained from Jacqueline Pauley.  Adam Pauley pled guilty in January to possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime.  He is to be sentenced on May 16.

This case was investigated by the Greenbrier County Drug and Violent Crime Task Force and the West Virginia State Police.  The case was prosecuted by Assistant United States Attorney John File.  United States District Judge Irene C. Berger imposed the sentences.

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CHARLESTON, W.Va. -- Menis E. Ketchum II, age 76, of Huntington, a former Justice of the Supreme Court of Appeals of West Virginia, was sentenced to three years of probation, a $20,000 fine and was ordered to pay restitution to the State of West Virginia by Senior United States District Judge John T. Copenhaver, Jr., announced United States Attorney Mike Stuart.  The Federal Bureau of Investigation, the West Virginia Legislature’s Commission on Special Investigations, and the Internal Revenue Service—Criminal Investigation Division conducted the investigation.

“Menis Ketchum pled guilty to a felony,” said United States Attorney Mike Stuart.  “There is no such thing as a little bit of public corruption, but Justice Ketchum at least did the right thing for doing the wrong thing.  Ketchum accepted responsibility for his misdeeds by resigning from the court and acknowledging his wrongdoing.  It is my sincere hope that we may soon be able to end our investigation of the West Virginia Supreme Court and allow the people of West Virginia to move forward with confidence and respect for a court that is often the ultimate judge on critical matters affecting all West Virginians.  I want to thank my prosecutors, Assistant United States Attorney Phil Wright and former Assistant United States Attorney Anna Forbes, along with our federal and state law enforcement partners, for their excellent work in this case.”

Justice Ketchum pled guilty to wire fraud in August 2018.  Ketchum served as a Supreme Court Justice from January 1, 2008 through July 27, 2018.  He admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia.  The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip.  In particular, on August 6, 2014, he traveled to the private golf club in a State vehicle, and returned to his home on August 9, 2014.  During the return trip to Huntington, Ketchum used a State fuel card to purchase gasoline in Princeton, West Virginia, causing an interstate wire communication. 

Assistant United States Attorney Phil Wright and former Assistant United States Attorney L. Anna Forbes handled the prosecution.

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that an inmate who escaped from the Federal Prison Camp at Alderson was sentenced.  Cheryl McGrath, 51, was sentenced to 12 months in prison, to run consecutively to the sentence she is presently serving.  McGrath pled guilty in November to escaping from custody, admitting that on July 26, 2018, she left the Federal Prison Camp at Alderson without permission.  She was captured the next day a few miles from the prison.

“If you escape, we will find you,” said United States Attorney Mike Stuart.  “Escapees will merely be prolonging their stay in federal prison.”

The case was investigated by the Federal Bureau of Prisons, the United States Marshals Service and the West Virginia State Police.  Assistant United States Attorney John File prosecuted the case.  United States District Judge Irene C. Berger imposed the sentence.

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CHARLESTON, W.Va. -- A Parkersburg, West Virginia man entered a guilty plea to Willful Failure to Pay a Tax Return, announced United States Attorney Mike Stuart. Jeffrey Scott Dowler, 54, faces up to a year of incarceration, a $100,000 fine and an order of restitution to the United States Treasury for at least $20,818 when he is sentenced on June 5, 2019.  Dowler further agrees to work with the Internal Revenue Service (IRS) to assist in the recovery of assets.  Stuart praised the work of the Internal Revenue Service and the United States Department of Justice Tax Division.

Dowler owned an insurance appraisal business from 2009 to 2014.  During those years, he made sufficient income where he had the ability to pay taxes.  In 2013, Dowler willfully did not pay at least $20,818 in personal income tax that he knew was due and owing to the United States Treasury.  Dowler had the financial ability to pay this tax at that time and chose not to do so.  He also failed to pay business and payroll taxes associated with his insurance appraisal business.  Dowler agrees he owes at least $20,818 in taxes and possibly more.   His total tax liability will be determined by the Court at sentencing.

Assistant United States Attorney Erik S. Goes prosecuted the case. The hearing was conducted before United States Magistrate Judge Dwane L. Tinsley.

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HUNTINGTON, W.Va. – A New Jersey man who was caught selling drugs near a school in West Huntington last September last year pled guilty today to a federal drug and gun charges, announced United States Attorney Mike Stuart.  Eric Moore Bellamy, 51, entered guilty pleas to possession with intent to distribute crack cocaine and heroin within one-thousand feet of a school and possession of firearms in furtherance of a drug trafficking crime in federal court in Huntington.  Stuart commended the investigative efforts of the Huntington Police Department.

“Bellamy’s den of drugs and guns was close to an elementary school and our precious children,” said United States Attorney Mike Stuart.  “I appreciate the great effort by law enforcement to get him off the streets.  We will protect our children at all cost from the drug traffickers that cause so much pain in our communities. You can bet that if you are selling drugs near a school, we will charge you accordingly.  Drug thugs that put our most vulnerable in harm’s way will be prosecuted to the maximum extent of the law.”

On September 12, 2018, after officers with the Huntington Police Department developed information that Bellamy was selling drugs in West Huntington, a search warrant was executed at his residence located at 1037 Madison Avenue.  During the search, officers seized crack cocaine and heroin from a dresser in the residence.  In a separate drawer of the same dresser containing the drugs, officers seized a loaded Springfield .45 caliber pistol, a loaded Ruger Model P85, 9mm pistol, and a loaded Imperial Metal, Model 9, .22 caliber revolver.  Bellamy was arrested and admitted to officers that he possessed the drugs and firearms and that he had been selling both crack and heroin in the West Huntington area. 

Bellamy’s residence is located within one-thousand feet of Grace Christian School, a private elementary and secondary school.  Bellamy admitted at his plea hearing that he possessed the firearms to serve as protection based on his distribution of drugs.  Bellamy was also prohibited from possessing firearms based on multiple prior felony convictions he received in the State of New Jersey.

Bellamy faces a mandatory minimum of 1 year up to 40 years in federal prison for the drug charge, and a consecutive mandatory minimum of 5 years up to life in federal prison for the gun charge, when he is sentenced on June 17, 2019.

Assistant United States Attorney Joseph F. Adams is handling the prosecution.  The plea hearing was held before United States District Judge Robert C. Chambers.

Project Safe Neighborhoods (PSN) is 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. – Two Mexican national men pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Carlos Rodriguez-Diaz, 26, and Huber Rodriguez-Diaz, 24, will be sentenced on April 8, 2019.  Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“Four prior deportations between the two brothers,” said United States Attorney Mike Stuart.   “And they’ll soon share six deportations between them.  I hope they get the message – if you want to come into the United States, follow the legal process – you’ll stay longer.”

On December 19, 2018, both men were found in Hurricane, Putnam County, West Virginia.  Federal agents with ICE had received a tip that a person was working illegally at a Hurricane restaurant.  ICE agents investigated and located the Rodriguez-Diaz brothers walking to the restaurant.  Believing one of the men to be the target of the investigation, ICE agents requested identification.  Both men immediately admitted that they were not in the United States legally and had no identification documents.  ICE agents took Carlos and Huber Rodriguez-Diaz into federal custody.

Fingerprinting matched Carlos to three prior removals from the United States in 2014, 2015, and 2018.  Huber has one prior removal from the United States in 2014 that his fingerprints matched.   In all cases, the Rodriguez-Diaz brothers were found by immigration judges to be in the United States illegally and they were deported to Mexico.  Neither man had obtained permission to legally enter the United States and had not sought legal status or citizenship. Both Carlos and Huber Rodriguez-Diaz further admitted to ICE agents that they were Mexican citizens.

Assistant United States Attorney Erik S. Goes is responsible for both of the prosecutions.  United States District Judge Robert C Chambers presided over the hearings.

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CHARLESTON, W.VA. – A Logan man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart.  Joshua Stephen Nida, 35, pled guilty to being in possession of a stolen firearm.   The investigation was conducted by the West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  

On July 28 2017, the West Virginia State Police received a call from an individual in Holden, Logan County, West Virginia that his gun was stolen.  The Trooper identified the individuals who were present when the gun was stolen.  The Trooper tracked down Nida and was able to determine who purchased the stolen gun.   Nida admitted being in possession of the stolen firearm and knowing that the firearm was stolen. 

Nida faces up to 10 years in prison when he is sentenced on May 30, 2019.

United States District Judge Joseph R. Goodwin presided over the plea hearing.  Assistant United States Attorney Chris Arthur is handling the prosecution.  

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HUNTINGTON, W.Va. – A Huntington woman caught selling heroin in April of last year was sentenced today to 21 months in federal prison, announced United States Attorney Mike Stuart.  Shirley Lacieann Burlile, 27, previously pled guilty to distributing heroin in federal court in Huntington.  Stuart commended the investigative efforts of the FBI Drug Task Force and the Cabell County Sheriff’s Department.

“Huntington has been deluged with heroin,” said United States Attorney Mike Stuart.  “But in a concentrated effort with law enforcement, we have prosecuted every trafficker we could identify, and we’re seeing progress as a result of our efforts.”

On April 4, 2018, a confidential informant contacted Burlile and another individual to arrange a purchase of heroin.  During the telephone call, the informant was directed to come to Burlile’s residence located at 4260 U.S. Route 60, Apartment 7 in Huntington.  Shortly after, Burlile and the other individual met with the informant inside the residence and Burlile distributed heroin to the informant.

During the plea hearing, Burlile admitted that, from at least November 2017 to April 2018, she conspired with others to distribute heroin in the Huntington area.  Burlile also admitted to conducting another heroin deal on April 11, 2018, in Huntington.  Burlile admitted that she was responsible for the distribution of up to 100 grams of heroin during her participation in the conspiracy. 

Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers.

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CHARLESTON, W.Va. –  Phyllis Doty, a former Superintendent of Logan County Schools, was sentenced to 42 months in prison and three years of supervised release, announced United States Attorney Mike Stuart.  She was also ordered to pay the full amount of restitution in the amount of $25,083.10.  Doty, 65, was convicted by a federal jury sitting in Charleston on August 31, 2018 of felony counts of conviction, including four counts of wire fraud, two counts of theft from a program receiving federal funds, one count of mail fraud and one count of aggravated identity theft.  The guilty verdict came after a four day jury trial.  The Court did not impose a fine based on the finding that Doty’s significant state pension has been suspended as a result of her felony conviction.

“Doty’s sentence is another signal of my commitment to punish public corruption,” said United States Attorney Mike Stuart.  “To quote Judge Faber, “It is a serious breach of the public trust.”  I agree.  There’s no such thing as a little bit of public corruption.  As is clear from my record, this office takes public corruption and violations of the public trust extremely seriously.  In each case in which the public trust is violated we will prosecute to the maximum extent of the law.  The public deserves honest public officials.  I want to thank my prosecution team, the FBI and the West Virginia Commission on Special Investigations for their extraordinary work in this case.”

Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff.   The jury found that between 2011 and 2015, Doty stole at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.

Doty’s scheme also included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, decorative urns and a colonnade.  Doty claimed that these items were requested by Logan County teachers. However, the teachers testified that they knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding.  Evidence at trial showed that Doty gave some of these items away to the wedding planner following the wedding.

Doty further attempted to cover up her scheme once an investigation into suspicious spending became public.  She attempting to influence Logan County teachers of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education.  She also asked the wedding planner to return the gifted urns to a Logan County school.

Former Assistant United States Attorney Gabe Wohl and Assistant United States Attorney Erik S. Goes were responsible for the prosecution.  The Federal Bureau of Investigation and the West Virginia Legislature Commission on Special Investigations investigated the matter.  Senior United States District Judge David A. Faber presided over the hearing.    

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CHARLESTON, W.Va. – A Charleston woman pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart.  Bree Eberbaugh, 28, pled guilty to one count of possession with intent to distribute fentanyl.   

“According to data from the West Virginia Health Statistics Center, there have been 1,486 synthetic opioid-related overdose deaths among West Virginia residents from 2013-2017,” said United States Attorney Mike Stuart. “That’s why I am committed to prosecuting every case involving the illegal distribution of synthetic opioids.  I will do everything within my power to save the lives of fellow West Virginians.”

Eberbaugh admitted that on August 28, 2017, her apartment was raided pursuant to a search warrant.  During the search, over 50 grams of fentanyl was discovered.  Eberbaugh stated that she believed she was selling heroin, but forensic analysts determined the substance to be fentanyl.  Eberbaugh admitted that she helped arrange sales for the fentanyl and acknowledged that some fentanyl had been sold just prior to the search warrant.  Eberbaugh also admitted that she had assisted another individual with selling and distributing fentanyl.        

Eberbaugh faces a maximum of 20 years in federal prison when she is sentenced on July 1, 2019.

MDENT conducted the investigation.   The plea hearing was held before United States District Judge David A. Faber.  Assistant United States Attorney L. Alexander Hamner is handling 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 Charleston man was sentenced to 30 months in prison for a federal firearms crime, announced United States Attorney Michael B. Stuart.   Michael Matthew Phillips, age 31, was convicted of possessing a firearm by a prohibited person in September of last year following a two-day jury trial.  Senior District Court Judge David A. Faber presided over the trial and sentencing hearing.

“Another convicted felon with a gun,” said United States Attorney Mike Stuart.  “We have prosecuted an outrageous number of these cases during the past year, and they just keep coming.  And we’ll just keep prosecuting them.”

On January 24, 2017, Phillips was supposed to sell heroin and a firearm to a confidential informant.  Phillips didn't bring heroin to the meeting because he was concerned that there were police officers in the area.  However, Phillips took the confidential informant to an area where a 9mm handgun was hidden and sold the gun for $140.  Phillips was a convicted felon and prohibited from possessing firearms. 

The Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case.  Assistant United States Attorney R. Gregory McVey handled the prosecution.

Project Safe Neighborhoods (PSN) is 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, West Virginia man received a four year sentence for a federal firearms charge, announced United States Attorney Mike Stuart. Steven Belcher, 46, previously entered a guilty plea on May 23, 2018 to being a prohibited person in possession of a firearm.  Stuart praised the work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  After he discharges his sentence, Mr. Belcher will be placed on supervised release for three years.  Mr. Belcher further agreed to abandon any interest in the recovered firearms as a term of his guilty plea.

“Another prohibited person with a gun,” said United States Attorney Mike Stuart.  “As a result of his previous federal convictions in 1998, Belcher was sentenced to 54 months in federal prison.  Now he’s going back for another four years.”

On August 21, 2017, Mr. Belcher was found by the Charleston Police Department in possession of a 9 mm Lorcin pistol and five rounds of ammunition.  Mr. Belcher was a prohibited person due to his prior federal felony convictions of conspiring to deliver cocaine base and conspiring to possess a fully automatic machine gun.  Both federal felony convictions stemmed from Mr. Belcher’s guilty verdict following a jury trial on July 22, 1998.  On November 24, 1998, Mr. Belcher was sentenced to fifty-four months in federal prison.  Mr. Belcher’s prior felony convictions make him ineligible to possess either a firearm or the ammunition for a firearm.  ATF traced Mr. Belcher’s Lorcin 9mm gun, revealing that it had traveled in interstate commerce and giving the federal government jurisdiction over this crime.  In an unrelated incident,  Mr. Belcher also admitted to possessing a 12 gauge Winchester shotgun on October 4, 2017.  This particular shotgun was further modified to have an illegal barrel length of less than 18 inches (commonly called a “sawed-off shotgun”). This shotgun also traveled in interstate commerce, giving the federal government jurisdiction to prosecute this firearm crime as well.  Finally, Mr. Belcher was caught in February 14, 2018 illegally possessing ammunition—specifically four 20 gauge shotgun shells. 

Assistant United States Attorney Erik S. Goes prosecuted the case. The hearing was conducted before Senior United States District Judge David A. Faber.

Project Safe Neighborhoods (PSN) is 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, who previously pled guilty to drug and gun charges, was sentenced today to 120 months in prison, announced United States Attorney Mike Stuart.  In September 2018, Shawn Gilmore, 49, pled guilty to all four counts of an indictment charging him with two counts of possession with intent to deliver heroin, possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of firearms.  Stuart commended the investigation conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“10 years. 10 years in federal prison,” said United States Attorney Mike Stuart.  “Gilmore had an extensive criminal history. He had guns. He was selling fentanyl laced heroin.  Not the type of element we want to promote a thriving West Side community.  We are working hard with our law enforcement partners to rid the West Side of people like Gilmore.”

Gilmore admitted that on  March 8, 2018, he met an informant on Charleston’s west side to sell him heroin.  An officer with Charleston Police Department stopped Gilmore and seized ½ gram of heroin he intended to sell to the informant.  Officers searched Gilmore’s residence in Charleston and recovered over 100 grams of heroin and two loaded handguns. Gilmore has two prior felony convictions.

Project Safe Neighborhoods (PSN) is 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.