Southern District of West Virginia

HUNTINGTON, W.Va. – A New York man who helped obstruct a federal drug conspiracy case in 2017 was sentenced today in Huntington to 12 months and 1 day in prison, announced United States Attorney Mike Stuart.  Kevin Fritz Lamerique, 34, previously pled guilty to aiding and abetting an attempt to obstruct and impede an official proceeding.  United States Attorney Stuart commended the work of the Huntington FBI Drug Task Force and the United States Postal Inspection Service.

“Attempting to obstruct or impede a federal investigation is a serious crime,” said United States Attorney Mike Stuart.  “I have made this abundantly clear in previous actions. Those who obstruct or impede federal agents will be held accountable.”

From at least February of 2016 to June of 2017, members of the conspiracy obtained quantities of methamphetamine and heroin from California which were mailed to the Huntington and Cross Lanes areas.   The drugs would then be distributed to customers in Cabell, Putnam, and Kanawha counties.  During the investigation, agents executed multiple search warrants in Cabell and Kanawha counties and seized almost 10 pounds of crystal methamphetamine along with multiple firearms and ammunition.

Lamerique admitted that after an indictment was returned in Huntington charging various members of the conspiracy, he initiated contact with a charged defendant at the direction of another person.  During various contacts, Lamerique delivered messages and instructions to the charged defendant.  Lamerique also arranged and participated in contacts between the charged defendant and the other person to aid the charged defendant’s evasion of arrest. 

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. -- A Webster County woman was sentenced to 103 months in prison for her role in a methamphetamine conspiracy, announced United States Attorney Mike Stuart. In June after a two-day trial, a federal jury convicted Jaclyn Burkholder, 30, of conspiring to distribute methamphetamine between January and February 2017. The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Burkholder will now be joining her meth trafficking co-conspirators in federal prison,” said United States Attorney Mike Stuart.  “One at a time, we are shutting down these drug networks that have been bringing poisons into our communities.”

Jaclyn Burkholder is the sixth person to be convicted and sentenced for distributing methamphetamine in related cases. Burkholder, along with Quinton Funk, Carl Clark, and Jamie Harmon, brought approximately four kilograms of crystal methamphetamine from Atlanta to Charleston. On January 12, 2017, officers with MDENT executed a search warrant at a hotel room and found over 130 grams of methamphetamine, scales, baggies, and a gun. The methamphetamine was part of the approximately four kilograms Burkholder and others brought back from Atlanta, and it was lab-tested and confirmed to be over 90% pure.

United States District Judge Joseph R. Goodwin presided over the trial and imposed Burkholder’s sentence.

Five other defendants involved in this methamphetamine conspiracy have also been sentenced to federal prison. Quinton Funk, of Webster Springs, was sentenced to 21 years and 10 months in prison for conspiracy to distribute methamphetamine. Carl Clark, of South Charleston, was sentenced to 135 months in prison for distributing methamphetamine. Jamie Harmon, of South Charleston, was sentenced to 8 years for distributing methamphetamine. Christopher Carte, of St. Albans, was sentenced to three years in prison for conspiracy to distribute methamphetamine. Holly Doub, of South Charleston, was sentenced to five days in federal prison for aiding and abetting the distribution of methamphetamine.

 

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Charleston and Akron Drug Network Shut Down

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced several arrests today of drug traffickers operating between Charleston, West Virginia, and Akron, Ohio.  The multi-state Drug Trafficking Organization (DTO) is responsible for distributing large quantities of fentanyl, heroin and methamphetamine.  Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration (DEA) Assistant Special Agent in Charge (ASAC) David Gourley, Homeland Security Investigations (HSI) Resident Agent in Charge Matthew Perry, Charleston Police Chief Steve Cooper, Kanawha County Sheriff Mike Rutherford and Chief Deputy Sheriff Greg Young, Supervisory Deputy United States Marshal Chris Leachman, as well as representatives from the Metropolitan Drug Enforcement Network Team (MDENT).  

Today’s arrests are the result of a long-term investigation led by DEA and MDENT into Eugene Wells, a poly-drug distributor from Akron, Ohio, and other members of his drug trafficking organization located in Charleston.  Multiple individuals have been charged in federal criminal complaints.  During the course of the investigation, investigators made controlled purchases of methamphetamine and heroin from the Wells DTO and identified a drug stash house on Charleston’s west side. 

On September 28, 2018 DEA agents and MDENT officers executed a search warrant on Miranda Brandon’s residence on Charleston’s West Side, leading to the arrest of Wells, Brandon and Sherry Gray.  The search of Brandon’s residence resulted in the seizure of  over 600 grams of suspected fentanyl, approximately 1,400 grams of heroin and over 700 grams of methamphetamine.  Brandon, Gray, and Wells were each present at Brandon’s residence when the warrant officers executed the warrant.  Each has a prior felony conviction, and each is therefore prohibited from possessing any firearm.  Police, however, recovered four guns from Brandon’s residence.  Agents with DEA’s Cleveland District Office also executed a warrant on Wells’ Akron residence on September 28, recovering over 400 grams of heroin and four firearms.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provided assistance during the investigation.

“287,000 people. 287,000,” said United States Attorney Mike Stuart. “If the fentanyl in this case had hit the streets, it could have been a disaster.  I grew up with the three “R’s” – reading, writing and the road map to Akron.  Now it’s time for reading, writing and the roadmap back to Akron.  For Eugene Wells and his trafficking buddies, Akron is no longer an option.  If convicted their roadmap heads directly to the federal pen. I want to thank all of my federal, state and local partners who participated in today’s actions including the excellent investigative work of the DEA and MDENT.  I also want to thank my prosecution team led by Assistant United States Attorneys Matt Davis, Drew Inman and John Frail.”

The arrests and seizures relating to the investigation are as follows: 

• Multiple individuals have been charged by criminal complaint in the Southern District of West Virginia with possession with intent to distribute controlled substances, including fentanyl, heroin and methamphetamine;
• Over 600 grams of suspected Fentanyl were seized;
• Approximately 1400 grams of heroin were seized;
• Over 700 grams of methamphetamine was seized;
• Over $12,000 in United States Currency was seized; and
• 8 guns were seized.

 

“When I announced Project Charleston a little more than a month ago, I promised swift and certain action on Charleston’s West Side,” said United States Attorney Mike Stuart.  Promise made.  Promise kept.  I intend to continue to focus federal resources on ridding the West Side of criminal elements, violent crime, drug thugs, and hooligans  that cause chaos, fear and despair for law abiding families. The days of lawlessness on the West Side are soon to end.  A basic human right is to live safely and peaceably in your home and community. We will maintain a sense of urgency until every violent element is incarcerated or driven out of Charleston.  If you are a drug dealer or criminal operating within Charleston’s West Side and we did not arrest you today, do not think for a moment that we aren’t aware of you.  We have more operations ongoing at this moment than at any time in the history of the West Side.  Let me be absolutely clear, if you are dealing drugs or causing trouble on Charleston’s West Side, we will arrest you and, if convicted, incarcerate you as long as possible.”

“The partnership between the Charleston Police Department and the United States Attorney’s Office under Mike Stuart has never been stronger,” said Police Chief Steve Cooper.   “Together we are making community in the capital city safer, one block at a time.”

“DEA remains committed to bringing violent drug traffickers to justice,” said DEA Assistant Special in Charge David Gourley.

The investigation is ongoing and could result in additional federal and state charges in the future.

 

Please Note:  The charges contained in the criminal complaints are merely allegations and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

SDWVNews and USAttyStuart

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CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference today, Monday, November 5, at 10:30am, to discuss significant law enforcement actions.   

WHO:          United States Attorney Mike Stuart, Southern District of West Virginia

                       Assistant Special Agent in Charge David Gourley, Drug Enforcement Administration (DEA)

                       Chief Steve Cooper, Charleston Police Department

                       Chief Deputy Sheriff Greg Young, Kanawha County Sheriff’s Department

                       Resident Agent in Charge Adam Black, Bureau of Alcohol, Tobacco, Firearms and Explosives

                       Resident Agent in Charge Matthew Perry, Homeland Security Investigations (HSI)

                       Supervisory Deputy U.S. Marshal Chris Leachman, United States Marshals Service

                       Other Law Enforcement Officials

WHAT:          Press Conference

WHEN:          Monday, November 5, 2018 @ 10:30am  

WHERE:         U. S. Attorney’s Office

                       Robert C. Byrd U.S. Courthouse

                       300 Virginia Street, Room 400

                       Charleston, WV

 

 

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CHARLESTON, W.Va. – A Charleston man caught selling heroin within 1000 feet of Stonewall Jackson Middle School and possessing a firearm in January 2017 was sentenced today to 48 months in prison, announced United States Attorney Mike Stuart.  Stuart commended the efforts of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Charleston Police Department.

“A parent’s worst nightmare,” said United States Attorney Mike Stuart.  “We will not tolerate gun-toting drug dealers peddling their poisons near our schools.  We are working every day to lock up drug dealers like Stevenson.”

On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from Dana Stevenson.  The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston.  The location was within 1000 feet of Stonewall Jackson Middle School.  The defendant provided the informant with suspected heroin.

On January 18, 2017, officers conducted a search warrant at Stevenson’s residence and recovered a Glock .40 caliber firearm.  Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.

Assistant United States Attorney Stephanie S. Taylor prosecuted the case.  United States District Judge Goodwin imposed the sentence.

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.   Attorney General Jeff Sessions 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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Defendant had  four prior deportations to Mexico

BECKLEY, W.Va. – A Mexican national man was sentenced to “time served” after his guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Alonso Tapia-Gomez has been incarcerated since May 15, 2018.  Tapia-Gomez was immediately remanded to ICE custody for deportation proceedings.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.

“What a revolving door,” said United States Attorney Mike Stuart.  “Tapia-Gomez is being deported now for the fifth time.  One would think he would have gotten the message by now.  He needs to get in line and follow our laws.”

On May 15, 2018, Tapia-Gomez was found in Beckley, Raleigh County, West Virginia.  Specifically, agents with ICE received a cellular phone call from the West Virginia State Police about an individual in a traffic stop who was possibly in the United States illegally.  This suspicion was based on a Mexican identification document that was given to the West Virginia State Police trooper by Tapia-Gomez.  Pursuant to this phone call and request for assistance, ICE agents immediately spoke with Tapia-Gomez telephonically.  Tapia-Gomez admitted to being in the United States illegally.  ICE agents responded to the scene and took Tapia-Gomez into federal custody. Agents again confirmed in person that Tapia-Gomez was not in the United States legally.

Tapia-Gomez’s fingerprints matched him to four prior encounters where he was found in the United States illegally and  deported from the United States to Mexico. Tapia-Gomez again illegally reentered the United States prior to his arrest in 2018.  Tapia-Gomez had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Tapia-Gomez also admitted to ICE agents that he was a Mexican citizen.

Assistant United States Attorney Erik S. Goes was responsible for the prosecution. United States District Judge Irene C. Berger presided over the hearing.

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Defendant had four prior deportations to Mexico

CHARLESTON, W.Va. – A Mexican national man entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Arturo Chagala-Chigo faces up to two years of incarceration when he is scheduled to be sentenced on March 6, 2019.  Chagala-Chigo  is also subject to deportation proceedings at the conclusion of any sentence.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“Several prior deportations,” said United States Attorney Mike Stuart.  “How many times does someone need to be deported before they take the proper and appropriate steps to legally enter this country?”

On September 13, 2018, Chigala-Chigo was found in Summersville, Nicholas County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working in the area.  Pursuant to this investigation,  ICE agents approached Chagala-Chigo and he surrendered to them. Agents immediately confirmed that Chagala-Chigo was not in the United States legally, and took him into federal custody.

Chagala-Chigo’s fingerprints matched him to four prior encounters 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 12, 2015 in the Southern District of Texas.   Chagala-Chigo illegally reentered the United States prior to his capture in 2018.  Chagala-Chigo had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Chagala-Chigo also admitted to ICE agents that he was a Mexican citizen

Assistant United States Attorneys Drew Inman and Erik S. Goes are responsible for the prosecution. Senior United States District Judge David A. Faber presided over the hearing.

 

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Defendant had two prior deportations to Honduras

BECKLEY, W.Va. – A Honduran national man entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Wilfredo Artiaga-Mejia faces up to two years of incarceration when he is scheduled to be sentenced on February 20, 2019.  Artiaga-Mejia  is also subject to deportation proceedings at the conclusion of any sentence.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“My office is serious about prosecuting those who enter the United States illegally,” said United States Attorney Mike Stuart.  “And we will continue to do so.” 

On August 29, 2018, Artiaga-Mejia was found in Maxwelton, Greenbrier County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working in the area.  Pursuant to this investigation,  ICE agents approached Artiaga-Mejia and he surrendered to them. Agents immediately confirmed that Artiaga-Mejia was not in the United States legally, and took him into federal custody.

Artiaga-Mejia’s fingerprints matched him to two prior encounters where he was found in the United States illegally and deported from the United States to Honduras.  He was also previously convicted of illegally entering the United States on December 4, 2012 in the Western District of Texas.   Artiaga-Mejia-Chigo illegally reentered the United States prior to his capture in 2018.  Artiaga-Mejia had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Artiaga-Mejia also admitted to ICE agents that he was a Honduran citizen.

Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Irene Berger presided over the hearing.

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a federal inmate pled guilty to a weapon charge.  The case was investigated by the Federal Bureau of Prisons.

“Another inmate with a shank,” said United States Attorney Mike Stuart.  “The result will be another extended prison stay.”

Dave Berrios-Hernandez, 24, an inmate at the Federal Correctional Institution at Beckley, pled guilty to possessing a handcrafted weapon commonly known as a “shank” at the prison on September 5, 2017.  A staff member observed Berrios-Hernandez throw the weapon down.  Berrios-Hernandez faces up to five years in prison, consecutive to the sentence he is now serving, when he is sentenced on February 20, 2019.

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

 

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CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that Assistant United States Attorney (AUSA) Philip Wright will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.  AUSA Wright has been appointed to serve as the District Election Officer (DEO) for the Southern District of West Virginia, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

“Voting is the most fundamental right to the preservation of liberty,” said United States Attorney Stuart.  “The sanctity of the vote must be protected. Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Stuart stated that AUSA/DEO Wright will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone numbers: 1-800-659-8726 ext. 12381 or 304-345-2200.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 304-346-2300.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

United States Attorney Stuart said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
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BLUEFIELD, W.Va. – United States Attorney announced today that two men were sentenced in federal court in Bluefield for distributing hydromorphone.  Lansen Waugh, 38, of Columbus, Ohio, and Jerome Brown, 45, of the Bluefield area, were sentenced to 21 and 16 months in prison, respectively.  Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.

“Illegal sale of prescription drugs remains a significant problem in our southernmost counties,” said United States Attorney Mike Stuart.  “We will continue to prosecute those that divert and traffic pills, whether they are a street dealer, cartel leader or wear a lab coat.”

Waugh pled guilty in June, admitting that he distributed hydromorphone to a confidential informant in Princeton on August 8, 2017.  He also admitted that he sold hydromorphone to a confidential informant on August 9, 2017,  in Green Valley and on August 28, 2017,  in Bluefield. 

Brown pled guilty in May, and admitted that he distributed hydromorphone to an informant on August 18, 2016, in Bluefield.  He also admitted that he sold hydromorphone to an informant on August 17 and August 22, 2016, in Bluefield. 

Assistant United States Attorney John File prosecuted the cases.  The sentences were imposed by Senior United States District Judge David A. Faber. 

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BLUEFIELD, W.Va. – A Bluefield man who was arrested after a drug and gun investigation earlier this year pled guilty today to two federal charges, announced United States Attorney Mike Stuart.  Tyquon Freeman, 21, entered 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 before Senior United States District Judge David A. Faber.  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).

“Guns. Pot. A convicted felon,” said United States Attorney Mike Stuart.  “Under federal law, convicted felons like Freeman are prohibited from possessing firearms.  Drug users are prohibited persons as well.  Drugs and guns don’t mix.”

Freeman 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 the Alcohol, Tobacco, Firearms, and Explosives 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 which Freeman also admitted that he acquired one of the firearms 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.

Freeman now faces a sentence of up to five years in federal prison on the drug charge, to be followed by a consecutive sentence of five years up to life on the gun charge.  Freeman’s sentencing will be held on March 5, 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. Attorney General Jeff Sessions 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 Labaron Bulley, 32, of Charleston, was sentenced today by United States District Court Judge John T. Copenhaver, Jr., to 33 months in prison for being a felon in possession of a firearm.  Stuart credited the collaborative investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF) with the successful prosecution of Bulley.

“We are laser focused on reducing violent crime on Charleston’s west side,” said United States Attorney Mike Stuart.  “Getting guys like Bulley off the streets of Charleston can only help make the city safer.”

Bulley previously pled guilty in July admitting to possessing a firearm on March 15 of this year at his girlfriend’s west side residence. At the time he possessed the firearm, Bulley admitted that he had been convicted in 2014 in West Virginia of the felony offense of attempting to commit a felony.

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.   Attorney General Jeff Sessions 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.

SDWVNews and USAttyStuart

 

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CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that Assistant United States Attorney (AUSA) Philip Wright will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.  AUSA Wright has been appointed to serve as the District Election Officer (DEO) for the Southern District of West Virginia, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

“Voting is the most fundamental right to the preservation of liberty,” said United States Attorney Stuart.  “The sanctity of the vote must be protected. Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Stuart stated that AUSA/DEO Wright will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone numbers: 1-800-659-8726 ext. 12381 or 304-345-2200.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 304-346-2300.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

United States Attorney Stuart said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 
 

 
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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Travis Raynard Edward, 30, of Saint Albans was sentenced yesterday to 8 years in prison for possession with intent to distribute fentanyl.  Stuart commended the efforts of the Drug Enforcement Administration AHIDTA Task Force.

“Fentanyl is deadly,” said United States Attorney Mike Stuart.  “As part of Operation Synthetic Opioid Surge (SOS), we are prosecuting every possible case involving the distribution of fentanyl, regardless of quantity, in Cabell and Kanawha Counties.  Through these prosecutions we will impact the supply of deadly synthetic opioids into our hardest hit communities and most importantly save lives.”

Edwards pled guilty in July, admitting that he possessed with intent to distribute 40 grams or more of fentanyl.  On March 2, 2018, DEA task force officers executed a search warrant at Edwards’ apartment on Shadyside Road in Saint Albans.  They seized 195 grams of fentanyl, two firearms, and more than $4,000.  Edwards has prior felony convictions of unarmed robbery and delivery of a controlled substance. 

United States District Judge Irene C. Berger imposed the sentence.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

 

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CHARLESTON - Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division today announced the formation of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA).  The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.

Assistant Attorney General Benczkowski was joined in the announcement by U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Donald Q. Cochran for the Middle District of Tennessee; U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney Jay E. Town for the Northern District of Alabama; Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator John J. Martin of the DEA Diversion Control Division.

“While the opioid epidemic continues to inflict untold pain and suffering on people across the country, the devastation in the Appalachian region and adjacent areas has been particularly staggering,” said Assistant Attorney General Benczkowski.  “It is all the more reprehensible when unscrupulous physicians and pharmacies contribute to the epidemic by illegally supplying dangerous prescription painkillers.  Working with our partners in U.S. Attorney’s Offices and law enforcement, the Appalachian Regional Prescription Opioid Strike Force will combat illegal prescription opioids and health care fraud by holding accountable corrupt medical professionals who seek to profit off the crisis of opioid addiction.” 

“I welcome the additional resource of the Appalachian Regional Prescription Opioid Strike Force,” said United States Attorney Mike Stuart. “My office has been unrelenting in its assault on drug dealers & traffickers.  This Strike Force will further strengthen our efforts to identify and prosecute the purveyors of pain that cause untold chaos and despair to our families and in our communities. I want to assure our citizens that we will not stop until we have identified and prosecuted every medical professional involved in creating and maintaining this crisis through illegal prescriptions and distribution of opioids.”

“The creation of the Appalachian Regional Prescription Opioid Strike Force will bring together critical resources from the FBI and our partners to fight health care fraud in this region and the growing opioid epidemic that faces the United States,” said FBI Assistant Director Johnson.  “Healthcare fraud touches every corner of the United States, and through this strike force, the FBI will continue our tireless work to combat illegal opioid prescriptions and bring to justice those medical professionals who put their greed over the health and wellbeing of their patients.”

“The opioid epidemic has had a devastating impact on Americans across the country, including the people of the Appalachian region,” said HHS-OIG Deputy Inspector General for Investigations Cantrell. “The Strike Force model is a proven mechanism to target illicit conduct and hold accountable criminals involved in illegal opioid prescription and distribution schemes.  We will continue to work closely with our federal, state, and local law enforcement partners to curb this damaging epidemic.”

“Our nation’s opioid crisis requires us to work with unprecedented urgency in attacking drug diversion at every level,” said DEA Assistant Administrator Martin.  “These joint strike force efforts will save lives, while allowing us to better target and bring to justice those who facilitate addiction and profit at the expense of the weakest and most afflicted.”

Prior to this announcement, the HCF Unit operated Medicare Fraud Strike Force’s in 12 locations across the United States including Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa/Orlando, Florida; Chicago, Illinois; and Dallas, Texas, along with a Corporate Strike Force located in Washington, D.C., and the Newark/Philadelphia Regional Medicare Fraud Strike Force.  The Strike Forces represent a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI, HHS-OIG and the DEA.

The ARPO Strike Force will be made up of prosecutors and data analysts with the HCF Unit, prosecutors with the nine U.S. Attorney’s Offices in the region, and special agents with the FBI, HHS-OIG and DEA.  The ARPO Strike Force will operate out of two hubs based in the Cincinnati/Northern Kentucky, and Nashville, Tennessee, areas, supporting the nine districts that make up the ARPO Strike Force region.  In addition, the APRO Strike Force will work closely with other various federal law enforcement agencies, including the U.S. Postal Inspection Service and IRS Criminal Investigation, and State Medicaid Fraud Control Units. 

The ARPO Strike Force will target criminal conduct associated with the improper prescription and distribution of prescription opioids and other dangerous narcotics throughout the Appalachian region and surrounding areas – focusing on criminal conduct by physicians, pharmacists, and other medical professionals.  The ARPO Strike Force will also investigate and prosecute violations of health care fraud whenever such fraud is detected throughout the region.

In June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III noted the success of the Strike Force model while announcing the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings.  Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.  More information can be obtained at https://www.justice.gov/opa/documents-and-resources-june-28-2018.

In August, Assistant Attorney General Benczkowski announced the Newark/Philadelphia Medicare Fraud Strike Force, which focuses on health care fraud and illegal opioid prescriptions in the Newark/Philadelphia region.

The Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the prosecutors in the 12 Medicare Fraud Strike Force locations have charged over 4,000 defendants who collectively have falsely billed the Medicare program for over $14 billion.  Since January 2017, the HCF Unit has charged over 85 defendants, including 33 doctors with the illegal prescription of opioids (nearly 30 million pills).

 

 

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CHARLESTON, W.Va. – A former Kanawha County Deputy pled guilty today to lying to the FBI, announced United States Attorney Mike Stuart.  Robert Dwight Evans, 52, entered his guilty plea to providing materially false information to the FBI before United States District Irene C. Berger.  Stuart commended the investigative efforts of the FBI and the cooperation of the Kanawha County Sheriff’s Department.

“It is always difficult and disappointing when a law enforcement officer turns to the dark side,” said United States Attorney Mike Stuart.  “Lying to an FBI agent as part of an investigation is not only fundamentally unacceptable but, frankly, it could place lives in danger and frustrate the administration of justice.  Evans knew better.  Someone that was a member of the circle of trust in the protection of the public has a tremendous responsibility to represent with dignity and honor the oath he took and, sadly, that oath was violated in a terrible way.”  

On June 28, 2017, an FBI agent interviewed Evans at his residence in Cross Lanes during an investigation of a drug trafficking ring operating in and around Montgomery, West Virginia.  Agents knew that Evans had been purchasing opioid pain medication from one of the targets of the investigation and asked him questions about his dealings with members of the organization.  Evans denied having purchased the drugs and claimed to have no knowledge of the target’s involvement in drug trafficking.  Upon being confronted by a Kanawha County Sheriff’s Department internal investigation, Evans resigned his position.

Evans faces up to five years in federal prison when he is sentenced on February 13, 2019.   Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

 

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CHARLESTON, W.Va. – A Mingo County man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart.  Anthony Fleming, 33, of Dingess, West Virginia, entered his guilty plea to possession with intent to distribute methamphetamine, and carrying a firearm during and in relation to that crime.  Stuart commended the investigative efforts of the Mingo County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Gun-toting drug dealers can be found in every county in the Southern District,” said United States Attorney Mike Stuart.  “And we are committed to prosecuting each and every one of them.”

Fleming admitted that on November 7, 2017, he possessed and intended to distribute 18 grams of methamphetamine while traveling in Dingess, Mingo County, West Virginia.  He also admitted to carrying a pistol when he committed that crime, adding that he carried the gun to protect himself when he sold methamphetamine.

Fleming now faces a sentence of five years up to forty years on the drug charge, to be followed by consecutive sentence of five years up to life on the gun charge.  Fleming’s sentencing will be held on January 24, 2019.  

Assistant United States Attorney Matt Davis is responsible for the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.

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.   Attorney General Jeff Sessions 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 will honor more than 60 law enforcement officers, victim advocates, and community leaders during the 2018 U.S. Attorney’s Law Enforcement and Victim Assistance Awards Ceremony on Thursday, October 25, 2018, at 12:30pm at the Robert C. Byrd United States Courthouse in Charleston.

During the ceremony, Stuart will present awards for outstanding law enforcement work on major cases involving drug crime, white collar crime and child exploitation. Other awards include Law Enforcement Agency of the Year, Drug and Violent Crime Task Force of the Year, Crime Victim Service Award, Allied Professional Award, Federal Service Awards, Volunteer for Victims Award, and the Special Courage Award.

The annual awards ceremony, hosted by the U.S. Attorney’s Office for the Southern District of West Virginia, recognizes exemplary service of federal, state, and local law enforcement officers, as well as victim advocates, criminal justice professionals, and others who have made significant contributions on behalf of the criminal justice system.

WHO:             United States Attorney Mike Stuart, joined by representatives from the law enforcement community, crime victim advocates, and others

WHAT:          2018 U.S. Attorney’s Law Enforcement and Victim Assistance Awards Ceremony

WHEN:          Thursday, October 25, 2018, at 12:30pm  

WHERE:       Robert C. Byrd United States Courthouse – Fifth Floor
300 Virginia Street, East
Charleston, WV  25301

*Please be advised that cameras and other recording devices will be permitted on the fifth floor of the Courthouse for the ceremony only.

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HUNTINGTON, W.Va. – A Huntington man caught with heroin in April 2017 was sentenced today to 14 months, announced United States Attorney Mike Stuart. Aubrey Gardner, 25, previously pled guilty to possession with intent to distribute heroin.  The Huntington Police Department and the Huntington FBI Drug Task Force conducted the investigation. 

“So many poison peddlers,” said United States Attorney Mike Stuart.  “But our efforts are relentless to rid West Virginia communities of drug traffickers.”

On April 29, 2017, officers conducted a traffic stop on a vehicle in Huntington.  Upon searching Gardner, officers located approximately 25 grams of heroin. 

United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

 

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HUNTINGTON, W.Va. – A Huntington man who was arrested after a drug and gun investigation earlier this year pled guilty today to multiple federal charges, announced United States Attorney Mike Stuart.  Jonathan Forest Johnson, 31, entered guilty pleas to distribution of methamphetamine and possession of firearms in furtherance of a drug trafficking crime before United States District Judge Robert C. Chambers.  Stuart commended the investigative efforts of the Huntington FBI Safe Streets Task Force and the Cabell County Sheriff’s Department.

“Another violent drug dealer off the streets of Huntington,” said United States Attorney Mike Stuart.  “Convicted felon. Meth. Heroin. Guns.  Johnson’s case reads like so many others and will share the same ending – federal prison.”

On January 29, 2018, a confidential informant contacted Johnson to arrange the purchase of methamphetamine.  After negotiating the transaction, Johnson directed the informant to meet him in the parking lot of a department store located in the 3000 block of U.S. Route 60 in Huntington.  The informant met with Johnson at that location and Johnson sold the informant 15 grams of crystal methamphetamine in exchange for $330. 

On February 2, 2018, investigators executed a search warrant at Johnson’s residence located at 3405 5th Avenue in Huntington. During the search, investigators seized a number of items including 17 grams of heroin, 4.5 grams of meth, two 9mm pistols, a .40 caliber pistol, a .22 caliber rifle, a 12 gauge shotgun, and a 16 gauge shotgun.  Johnson and Casey Marie Porter were arrested during the search and Johnson admitted that he intended to sell the heroin and meth found in his residence.  Johnson further admitted that he possessed the firearms to serve as protection based on his involvement in distributing heroin and meth. 

During the plea hearing, Johnson admitted to selling an additional 15 grams of meth to an informant on January 31, 2018, and that he was prohibited from possessing the firearms seized based on multiple prior felony convictions in the Cabell County Circuit Court for First Degree Robbery and Malicious Wounding.   Johnson also admitted that he and Porter had been selling heroin and meth for the two-month period prior to the February 2 search of his residence. 

Johnson faces at least 5 years and up to life in federal prison when he is sentenced on January 28, 2019.  Porter pleaded guilty on September 5, 2018, to aiding and abetting Johnson in a meth distribution and is scheduled to be sentenced on January 7, 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.

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.   Attorney General Jeff Sessions 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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She stole over 140,000 dollars between 2010 and 2014 from Charleston Building and Construction Trades Council

CHARLESTON, W.Va. – A South Charleston woman was sentenced to a year and a day in prison, announced United States Attorney Mike Stuart.  Joan Matthews, 70, pled guilty on June 12, 2018 to the felony offense of embezzlement and theft from a labor union.  The Court also ordered her to pay $141,325.78 in restitution to the Charleston Building and Construction Trades Council (CBCTC).  Stuart commended the investigative efforts of the United States Department of Labor, Office of Labor-Management Standards.

“When you are 70 years old, a sentence of a year and a day is a lifetime,” said United States Attorney Mike Stuart. “Matthews used her position as a bookkeeper for the CBCTC to steal money over several years. She earned her sentence.” 

Matthews previously admitted that she was employed as a bookkeeper by the CBCTC.  Matthews told the Court that she began embezzling CBCTC union monies in 2010.   To accomplish the theft, she would prepare and cash unauthorized union checks, use union funds to pay credit card bills, and make personal charges to the CBCTC credit cards. Her embezzlement continued until September 2014 when her crimes were discovered by other union employees.  Matthews is no longer employed by the CBCTC.  The CBCTC is chartered by the Building and Construction Trades Department of the AFL-CIO and has jurisdiction over local construction unions, and unions in the building and trades industries throughout West Virginia. 

Assistant United States Attorney Erik S. Goes is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr. presided over the hearing.

 

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BECKLEY, W.Va. – A Beckley firefighter was sentenced today to 8 months in prison for committing mail fraud, announced United States Attorney Mike Stuart.  Michael Cowger, 50, fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department.  The sentence was imposed by United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.

"As a first responder, Cowger held a position of trust.  He abused that trust when he engaged in his fraudulent scheme,” said United States Attorney Mike Stuart.  “Although the resulting losses were not overwhelming in value, Cowger’s scheme to defraud was not a one-time occurrence, but rather an extended series of deceptions.  Any amount of fraud or deceit committed by those in positions of public trust is always significant.”

Cowger served as a firefighter at the Beckley Fire Department, worked as a part-time instructor for West Virginia University’s College of Engineering and Mineral Resources, and volunteered at the Beaver Fire Department, where he held the position of Fire Chief.   Cowger admitted that he submitted reimbursement requests for supplies, travel, and training expenses to those entities, when he knew he had already sought reimbursements  for the same expenses or another entity had already paid the expenses.  For example,  Cowger used his West Virginia University Purchasing Card (“P-Card”), a credit card that WVU paid directly, to purchase gas and rent a vehicle for certain trainings, yet also requested mileage from the City of Beckley for those same trainings, falsely indicating that he used his personal vehicle for the same travel, when in fact he had used a vehicle rented via the P-Card. Cowger also admitted that to complete his scheme, at times he created fictitious and duplicate receipts on his computer. He also admitted that he manipulated his hotel and training reservations and payments at times to ensure that he received two receipts with two different credit card numbers for the same events to conceal from the City of Beckley that he had used a WVU P-Card to pay for the events. 

Cowger was ordered to pay restitution in the following amounts: $15,618.47 to the City of Beckley; $5,107.88 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department. 

Assistant United States Attorney Meredith George Thomas handled the prosecution.

 

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

“Today is an important day for the people of West Virginia. The jury has rendered judgment on Justice Loughry.  The jury has confirmed that a Justice on the state’s highest court - – Justice Allen Loughry -  is guilty of numerous and serious federal crimes, including witness tampering and lying to a federal agent. 

As I stated at the outset of this matter, public corruption is a cancer that erodes public confidence and undermines the Rule of Law. This is not a sad day for West Virginia but, rather, a hopeful one. The system worked. Corruption was rooted out. Confidence is restored. 

I want to thank the jury and the court in this matter. There is no more solemn duty in the maintenance of liberty than that of a juror. This jury took its role seriously, was deliberate in its evaluation of the evidence, and delivered its verdict. I want to thank each of them for their patience and respect for this critically important process.  I also want to thank the FBI, in particular Special Agent Jim Lafferty, the West Virginia Legislative Commission on Special Investigations, the Internal Revenue Service—Criminal Investigation Division, and Assistant United States Attorneys Philip H. Wright and Greg McVey for their tireless and excellent work in preparation for this case and their awesome work during trial.  In addition, I want to thank my entire team for their contributions to this case including the work on this matter by former AUSA’s L. Anna Forbes and Eric Bacaj.

Today, with the verdict rendered by the jury, it is my sincere hope that our citizens can again have confidence that the law matters and that public officials who have lost their way will be held accountable.  The people of West Virginia have worked too hard and too long to tolerate misconduct that strikes at the heart of the public’s trust by their elected officials.  I intend to do all that I can to ensure that our citizens have the honest government they deserve.

I also want to offer prayers to Justice Loughry and the Loughry family.  This is a difficult day.  The jury rendered its verdict.  He is held accountable but that doesn’t change the earnestness and sincerity for my offer of prayers in this matter.

Today’s verdict is a serious defeat for public corruption and those that abuse the public trust. Today’s verdict is a victory for the people of West Virginia and honest government.”

FBI Special Agent in Charge Robert Jones of the Pittsburgh Field Office added:

"No matter the level or the people involved, public corruption will not be tolerated in our communities," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Just like everyone else, a judge needs to follow the law. The FBI will continue to hold accountable those who betray the public's trust."

 

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

“More resources for law enforcement in West Virginia.  NIBIN is a potential game changer and we are excited by its potential impact for law enforcement right here in the Southern District of West Virginia.  We are tremendously appreciative of ATF for its support in providing this new, expensive ballistic imaging equipment to our great state.  We are prosecuting more firearms offenders than ever before and NIBIN will provide us an amazing tool for linking criminal activity and, ultimately, holding violent criminals and offenders accountable for their bad acts.  Crime gun intelligence and the use of the NIBIN network will allow law enforcement to better connect shooting incidents and identify shooters.  I look forward to working with ATF, all of my federal partners, and state and local law enforcement to ensure we maximize the potential of this tremendous investment in West Virginia public safety.”

For more information on the deployment of NIBIN equipment, please see the Department Of Justice press release below.

 

 SDWVNews and USAttyStuart 

 

 

 

 

FOR IMMEDIATE RELEASE

 

THURSDAY, OCTOBER 11, 2018

JUSTICE DEPARTMENT AND ATF NAME 22 SITES TO RECEIVE NEW NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK EQUIPMENT

Evidence based forensic tool to help solve violent crime

WASHINGTON — The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the deployment of  ballistic imaging equipment used by ATF’s National Integrated Ballistic Information Network (NIBIN) to 22 state and local law enforcement agencies.

"Under President Donald Trump, the Department of Justice is prosecuting more firearm offenders than ever before," Attorney General Sessions said. "Ballistics technology has given law enforcement an unprecedented ability to make connections between cases and track down dangerous criminals. Today this Department of Justice is once again investing in the 85 percent of law enforcement officers who serve at the state and local levels and we are equipping them with cutting edge technology that will lead to smarter, targeted prosecutions of the most dangerous people in their communities. I have no doubt that this equipment will help to reduce crime in America."

“Crime Gun Intelligence, including the timely use of the NIBIN network, is the cornerstone of ATF’s violent crime reduction strategy. By deploying equipment to these 22 law enforcement agencies, investigators will now receive investigative leads within 48 hours. They will have new opportunities to disrupt the shooting cycle and make our communities safer,” said ATF Deputy Director Thomas Brandon.

As the only crime gun ballistic network in the United States, NIBIN compares images of cartridge casings recovered at crime scenes and firearms recovered by law enforcement to connect shooting incidents and identify shooters. ATF’s broader Crime Gun Intelligence strategy involves multiple technologies to identify criminal shooters and uses NIBIN as a leads-generator in support of this comprehensive approach. The deployments of this NIBIN equipment will help fill gaps in the intelligence and investigative networks and allow for a more efficient processing of firearm related violent crime evidence.

There are 16 agencies receiving NIBIN equipment for the first time: 

Six agencies are receiving additional equipment to enhance their successful crime gun intelligence programs: 

ATF has 25 Crime Gun Intelligence Centers (CGIC) across the United States in which ATF collaborates with local police departments and federal, state, and local prosecutors. The CGICs utilize cutting-edge technology and dedicated investigative teams to disrupt shooters and identify their source of crime guns before they can commit further criminal acts.

To support local participation in the CGIC approach, the Department recently awarded $5 million under the Local Law Enforcement CGIC Integration Initiative to encourage local jurisdictions to use intelligence, technology, and community engagement to identify unlawfully used firearms and to prosecute those who commit violent crimes. The Department also awarded more than $30 million to Project Safe Neighborhoods (PSN), the centerpiece of the Department’s crime reduction efforts. Through PSN, the Department is targeting the most violent criminals in the most violent areas by utilizing policing tools like CGICs.

NIBIN is helping cities solve crimes every day.  Examples of these NIBIN success stories include:

• In January 2017, an unknown suspect shot a victim at a gas station in Detroit, Michigan.  Police recovered cartridge casings and entered them into NIBIN. In April 2017, an unknown suspect fatally shot a limousine driver at a gas station. NIBIN linked the two scenes, and in so doing, provided investigators the intelligence they needed to identify the shooter and remove a murderer from the streets. The shooter was sentenced to life in prison.
• Detectives in New Albany, Indiana, investigated a homicide but had no suspect, one cartridge casing, and information that led them to believe the shooter may have fled to Louisville, Kentucky. A month later, the Louisville Police Department responded to an incident where several shots had been fired inside an apartment. The firearm recovered at that scene was linked by NIBIN to the murder in New Albany. As a result, the shooter was arrested, charged with the homicide, and sentenced to 17 years in prison. 
• In 2018, Cincinnati Police investigated a homicide and recovered cartridge casings from the scene, subsequently entering them into NIBIN. A month later, the Cincinnati Police stopped two suspects for driving a stolen car. During the stop, the police recovered two firearms from the car and entered them into NIBIN. NIBIN linked the guns to the murder, and after being prosecuted for the homicide, the two suspects were sentenced to 18 and 50 years in prison.  

More information on NIBIN and Crime Gun Intelligence can be found here: NIBIN Fact Sheet and CGIC Fact Sheet.

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Defendant admitted to producing and distributing sexually explicit images of a toddler

CHARLESTON, W.Va. – A Kanawha County man was sentenced yesterday to spend 30 years in federal prison followed by a lifetime of supervised release for a child pornography crime, announced United States Attorney Mike Stuart. Robert Daniel Mullins, 37, of South Charleston, previously pled guilty on April 25, 2018, to production of child pornography.  Stuart praised the investigative efforts of Homeland Security Investigations, the West Virginia State Police, the Australian Federal Police, the Royal Canadian Mounted Police, and the Toronto Police Service. 

“Every single day of that 30 year sentence is deserved,” said United States Attorney Mike Stuart.  “Horrific.  Such a horrific crime. We will do everything within our power to put guys like Mullins behind bars for as long as possible.” 

Between August 5, 2017, and February 18, 2018, he took several sexually explicit photographs of a toddler, at least one of which depicted sexual contact between Mullins and the minor. Mullins then distributed at least two of the sexually explicit images of the toddler to others around the world via the messaging service Kik. In addition to producing and distributing these images of child pornography, Mullins also used the Kik messaging service to exchange child pornography with other users in Canada and Australia. Mullins also offered to take sexually explicit photographs of minors to send to the individual in Australia.

He will also be required to register as a sex offender for at least 25 years.

Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The sentence was handed down by United States District Judge Irene C. Berger.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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CHARLESTON, W.Va. –  Brian Scott Miller, the President of Executive Air Terminal, Inc., was sentenced yesterday to sixty days of incarceration and was fined $5000, and Executive Air Terminal, Inc. was fined $20,000 and placed on corporate probation for three years, announced United States Attorney Mike Stuart.    Executive Air provided fueling and other services for private and commercial airplanes at Yeager Airport in Charleston. Miller was the owner and president of Executive Air.   On May 3, 2018, both Mr. Miller individually and Executive Air as a corporation pled guilty to the felony offense of Aiding and Abetting the Storage of Hazardous Waste without a Permit.  After the guilty pleas, Yeager Airport terminated the lease with Executive Air as the fixed base operator for Yeager Airport.  Stuart praised the work of the Environmental Protection Agency (EPA), West Virginia Department of Environmental Protection, and the Yeager Airport Police Department.

“We will protect the environment by enforcing federal environmental laws,” said United States Attorney Mike Stuart.  “Proper disposal of hazardous waste ensures our environment and the public are protected. Business owners have a responsibility to comply with environmental laws and regulations governing hazardous waste disposal.  Violators will be held accountable.”

“By refusing to comply with laws that ensure the safe handling and storage of hazardous waste, the defendant put the unsuspecting public at serious risk,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in West Virginia. “Special agents found numerous containers filled with hazardous waste materials including oil, aviation gas and jet fuel. EPA and its law enforcement partners are committed to protecting local communities by holding accountable those who disregard the harm they pose to public health and the environment.”

Executive Air’s business of  fueling and servicing planes generated hazardous waste.  The waste was stored in unlabeled 55 gallon drums that were kept on site.   By September of 2015, Executive Air had accumulated 37 drums of waste fluid, of which 27 drums were hazardous under federal law.  The 27 drums of hazardous waste included a mix of oil, aviation gas, and jet fuel, and each drum was hazardous because it was either ignitable, toxic, or both.   Executive Air did not have the federally required permit to store such a large quantity of hazardous waste.   Miller previously admitted that he knew about the drums of waste material at Executive Air.  In his plea agreement, Miller admitted that he directed that employees of Executive Air  to dispose of the waste drums in September of 2015.  Instead of hiring a licensed hazardous waste hauler, the employees moved the drums in the middle of the night to a farm outside Charleston, West Virginia.  The drums were further moved to a building in Charleston where they were discovered by the U.S. Environmental Protection Agency Criminal Investigation Division in November 2015.  Once discovered, the drums were then sent to a licensed hazardous waste disposal facility for proper disposal.

Special Assistant United States Attorney Perry D. McDaniel and Assistant United States Attorney Erik S. Goes are handling the prosecution. Judge Joseph R. Goodwin presided over the proceedings.

 

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HUNTINGTON, W.Va. – A Cabell County man was sentenced today to 18 years for child pornography crimes, announced United States Attorney Mike Stuart.  David Ray Pelfrey, 40, of Huntington, West Virginia, previously pled guilty to two counts of production of child pornography.  United States District Court Judge Robert C. Chambers imposed the sentence.  Pelfrey was ordered to serve 10 years on federal supervised release after completion of his prison term, and will also be required to register as a sex offender.  The investigation was conducted by the Huntington Police Department and the Federal Bureau of Investigation. 

“18 years.  Another child predator receives a well-deserved sentence,” said United States Attorney Mike Stuart.  “We are passionate about protecting our children and are working tirelessly to identify, investigate and prosecute perpetrators of these horrendous crimes.”

Pelfrey admitted that on May 20, 2017, he took a sexually explicit photograph of a 16-year-old female, and that on June 1, 2017, he took a video depicting himself engaging in sexually explicit conduct with the same minor female.  Pelfrey further admitted that he possessed at least one sexually explicit image of another minor female on his cell phone. 

Assistant United States Attorneys Lisa G. Johnston and Jennifer Rada Herrald are in charge of the prosecution.

This case was prosecuted as part of the Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Office and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

 

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“PROJECT PARKERSBURG” ROLLED OUT THROUGH TAKEDOWN

 

Over 150 Pounds of Methamphetamine and 4 Pounds of Heroin

 More than Two Dozen Arrested on Federal and State Charges

 

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the formation of “PROJECT PARKERSBURG” and a major takedown today of drug traffickers resulting in the dismantling of a multi-state Drug Trafficking Organization (DTO) responsible for distributing methamphetamine and heroin in Parkersburg, West Virginia.  As of the commencement of operations this morning, the investigation included the seizure of more than 150 pounds of methamphetamine and 4 pounds heroin.  Joining United States Attorney Stuart in the announcement were Federal Bureau of Investigation Assistant Special Agent in Charge Nicholas Boshears of the Pittsburgh Field Office, Parkersburg Police Chief Joe Martin, Wood County Prosecuting Attorney Pat Lefebure, West Virginia State Police Captain Jason Davis, Bureau of Criminal Investigations, Wood County Sheriff Steve Stephens, Vienna Police Chief  Mike Pifer, representatives of the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) and Major Allen Tackett of the West Virginia National Guard.   The West Virginia State Police, the Arizona State Police, and the FBI Field Offices in Tampa, Cincinnati, Detroit and Phoenix provided valuable assistance in this investigation.  The FBI Safe Streets Task Force in the Dayton RA, Cincinnati Field Office is deserving of special recognition for their involvement in the seizure of the methamphetamine and arrests of the primary targets of the investigation.

 

"The vast majority of the methamphetamine and heroin in this country came across our Southern Border," Attorney General Sessions said. "Thanks to collaboration between law enforcement in Arizona, Florida, Ohio, and West Virginia, our prosecutors and law officers were able to dismantle a drug trafficking organization that brought methamphetamine 2,000 miles from the border to the small towns of Appalachia. As part of this operation, law enforcement has arrested some 30 defendants and seized 150 pounds of methamphetamine and heroin and tens of thousands of dollars in alleged ill-gotten gains. And so I want to thank U.S. Attorney Mike Stuart, the FBI's Tampa, Pittsburgh and Dayton offices, the West Virginia and Arizona state police, and all of the members of the Parkersburg Police and the Parkersburg Narcotics and Violent Crimes Task Force. By taking drug traffickers off of our streets, they are helping to keep the American people safe."

 

Today’s operation is the first public announcement of “PROJECT PARKERSBURG”, a project that has been ongoing but unannounced as a result of today’s dismantling of a drug trafficking organization.  The takedown today was the result of a long-term investigation led by FBI and PNTF and involved the cooperation of law enforcement authorities in several states.  A total of at least 29 individuals have been charged in federal and state court and final determinations of jurisdiction for charging will be made as a result of a review of today’s arrests. 

 

In December 2017 members of the PNTF executed a search warrant at a residence in Parkersburg during which they learned that large amounts of methamphetamine were being shipped to West Virginia from Mexico.  Witness interviews, financial records, and informant information led to the identification of Parkersburg residents Terrance McGuirk, Antoine Terry, and Aurelius Edmonds as individuals with access to the methamphetamine being shipped from the southern border to locations in West Virginia and Ohio.  Over the course of nine months, agents and task force officers conducted an exhaustive investigation linking the Parkersburg DTO to sources in Arizona.  On September 19, 2018, surveillance led investigators to Dayton, Ohio where Terry and Edmonds met with Arizona residents Todd Land and Troy Pastorino to pick up a large shipment of controlled substances to include more than 150 pounds of methamphetamine that had been offloaded from a truck into a rented storage unit.  Investigators observed Pastorino load the drugs into the trunk of a Dodge Charger.  Police seized the drugs after conducting a traffic stop of Pastorino.  Terry, Edmonds, and Land were arrested at a nearby business, and McGuirk was arrested at his hotel near the Dayton airport.   

 

While this investigation is ongoing, investigators have been able to dismantle a DTO operating across multiple states and responsible for distributing large quantities of methamphetamine, heroin, and cocaine.  It is believed that the dismantling of this DTO removed all of the Parkersburg area individuals with access to the Arizona source and will significantly curtail the amount of methamphetamine available for distribution in Wood County and the surrounding area.

 

The arrests and seizures relating to this investigation break down, as of the issuance of this press release, as follows:

 

• 17 individuals have been charged in a federal indictment in the Southern District of West Virginia with conspiracy to distribute methamphetamine;
• 1 defendant has been charged with possession with intent to distribute methamphetamine and being a felon in possession of a firearm;
• 12 individuals are facing state charges filed by the Wood County Prosecuting Attorney;
• Over 150 pounds of methamphetamine were seized;
• Over 4 pounds of Heroin were seized;
• Over $84,000 in United States Currency was seized; and
• Several vehicles were seized that were used to transport controlled substances.

 

“Largest seizure of methamphetamine in our state’s history and a massive amount of heroin - Today is a significant day for West Virginia, the City of Parkersburg, Wood County and the surrounding multi-state area,” said United States Attorney Mike Stuart.  “A significant drug trafficking organization with connections to sources of supply in Mexico has been dismantled.  Today is a day in which every participating law enforcement officer should be very proud.  The level of cooperation between our federal, state and local law enforcement agencies is unprecedented and reaches beyond West Virginia’s borders and beyond America’s borders.  As a result, the largest seizure of methamphetamine in our state’s history and a massive amount of heroin was seized before it reached our streets.  No doubt lives have been saved because of the exemplary work of law enforcement at every level, the Wood County Prosecutor’s Office and my team. Today’s actions as part of “PROJECT PARKERSBURG” are merely the first step in a long-term, sustained, aggressive effort to rid our streets of the drug dealers and drug thugs that cause chaos, havoc and despair in our communities and in our families.”

 

"Through collaboration with our federal, state and local law enforcement partners, we were able to target and dismantle this criminal organization," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Drug-related crimes strangle communities. The FBI will always work to stop the violence, get drugs and weapons off the streets and justice for the people living in the communities we serve."

 

“The arrests made today are the culmination of many months of hard work by the PNTF and federal authorities and will have a significant impact in not only Wood County but our surrounding areas as well,” said Wood County Prosecuting Attorney Pat Lefebure.

 

“This investigation is an example of outstanding teamwork and collaboration of all law enforcement in this region of West Virginia that resulted in the largest seizure of methamphetamine and heroin,” said Parkersburg Police Chief Joe Martin.  “I am very proud of the outcome of this investigation, as it is the largest seizure of both methamphetamine and heroin in the same criminal investigation in the Parkersburg area. Our mission is to identify and target these drug trafficking organizations that are polluting our city with poison. Once identified, we will do whatever is necessary to dismantle these organizations and partner with the U.S. Attorney to prosecute the members of these organizations. The long hours worked by the investigators involved proved to be successful and worthwhile. I am very pleased with the relationship between our federal law enforcement partners and the assistance from the U.S. Attorney for the Southern District of West Virginia, Mike Stuart.  These investigators from the FBI and the Parkersburg Narcotics Task Force prevented hundreds of pounds of methamphetamine and heroin from getting to the streets of our community, and for this, I am very grateful.”

 

Please Note:  An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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• SDWVNews and USAttyStuart

 

 

CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement this morning during a press conference held at the Robert C. Byrd United States Courthouse in Charleston:

 

Remarks as prepared for delivery

 

“Good morning.

Attorney General Sessions and this Administration is wholly committed to working with our federal, state and local partners to ensure the safety of our streets, our families and our children.  Frankly, we will no longer tolerate drug dealers, drug traffickers, violent criminals, or illegal guns on the street of the City of Charleston. 

Our goal is simple -- To work with our federal, state and local partners to ensure safe streets and safe neighborhoods.  A basic human right is to live safely in your home and your community.  We intend to focus intense resources to ensure the streets of the West Side of Charleston are as safe as any neighborhoods in our state. 

In what we are calling, “PROJECT CHARLESTON”, I have ordered a SURGE of federal resources and priorities to clean out violent elements and drugs from the West Side of Charleston.  The instructions to my team cannot be more clear – “Put violent criminals and bad guys behind bars, off our streets, and away from the public as long as possible.”  Following similar and successful efforts in Huntington, since our aggressive efforts in Huntington were announced, we have seen dramatic decreases in violent crime, criminal activity and overdoses.  We expect the same or greater results in Charleston.

I want to personally thank Mayor Danny Jones, Charleston Police Chief Steve Cooper, and Kanawha County Prosecutor Chuck Miller for their partnership in this effort.  “PROJECT CHARLESTON” would not be possible without their commitment and support.

In addition to Mayor Jones, Chief Cooper, and Prosecutor Miller, with me today are:

Supervisory Special Agent Wes Quigley, FBI

Assistant Special Agent in Charge David Gourley, DEA

Resident Agent in Charge Adam Black, ATF

Deputy Chief Jason Beckett, Charleston Police Department

Chief Deputy Sheriff Greg Young, Kanawha County Sheriff’s Department

With the assistance and commitment of our federal partners, “PROJECT CHARLESTON” ensures that every federal resource possible will be dedicated to working with our state and local partners to “Take Back These Streets” from troublemakers and hoodlums and those that bring havoc, chaos and despair to the Greater Charleston area. 

Project Safe Neighborhoods (PSN) 2.0 is a priority of this Administration and Attorney General Jeff Sessions.  Today is an important next step in those efforts.

Thank you.”

 

 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
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CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference on Tuesday, October 9, 2018, at 10:30am, to discuss collaborative efforts to address violent crime in Charleston.   

WHO:         United States Attorney Mike Stuart, Southern District of West Virginia

                      Mayor Danny Jones, City of Charleston

                      Kanawha County Prosecuting Attorney Chuck Miller

                      Assistant Special Agent in Charge Nicholas Boshears, FBI

                      Assistant Special Agent in Charge David Gourley, DEA

                      Resident Agent in Charge Adam Black, ATF  

                      Other Law Enforcement Officials

 

WHAT:           Press Conference

 

WHEN:           Tuesday, October 9, 2018 @ 10:30am  

 

WHERE:      Robert C. Byrd United States Courthouse (front plaza)

                        300 Virginia Street, East

                        Charleston, WV 

                              

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
 
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CHARLESTON, W.Va. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department’s violent crime reduction strategy and a top priority of Attorney General Sessions.  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.

Throughout the past year, we have partnered with federal, state and local law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.

“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs.  I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face.  Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”  

The Department of Justice has been tremendously supportive of our efforts in the Southern District of West Virginia to combat the opioid crisis and violent crime.  Earlier this year, the Department of Justice invested and committed substantial new resources to the Southern District of West Virginia, including five new prosecutors and enhanced and strengthened programs to combat violent crime and intensify civil enforcement efforts.  These prosecutors focus on identifying and prosecuting individuals who unlawfully possess firearms, including individuals with domestic violence convictions, those with violent criminal histories and drug traffickers that carry guns during the commission of their crimes.  In further support of the Department’s PSN programs throughout the country, the Attorney General also announced awards of almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies, and enhance services and resources for victims of violent crime. 

“I am fully committed to ensuring that Project Safe Neighborhoods, a priority of this Administration, is the centerpiece of our enforcement strategy in the Southern District of West Virginia,” said United States Attorney Mike Stuart.  “Since I took the oath as United States Attorney, we have built remarkable relationships with our federal, state and local partners and our aggressive enforcement actions are breaking all records in the District.  We have been and will continue to be aggressive to ensure violent crime is attacked and our citizens protected.  Everyone has a fundamental right to live in a safe neighborhood with safe streets and we will continue our efforts with a sense of urgency to ensure that public safety is our top and paramount priority.” 

“ATF is committed to reducing gun violence in our neighborhoods by arresting armed violent offenders and their sources,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division. “Our ongoing partnerships with federal, state, and local law enforcement not only are a wise use of resources, but are getting measurable results for the citizens of West Virginia. We look forward to our continued work with the U.S. Attorney in our Project Safe Neighborhoods cases.”

As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:

Enforcement Actions

Our PSN enforcement efforts are currently focused in the cities of Huntington and Charleston.  The City of Huntington experienced a precipitous increase in gun and violent crime in 2017:  a 75% increase in homicides, the majority of which were committed with firearms, a 42% increase in violent crime, and an approximate 50% increase in non-fatal shootings.  To address the violence, United States Attorney Mike Stuart announced “Project Huntington” in March 2018, doubling the number of federal prosecutors to focus on the most violent and chronic offenders in the city.  As a result, a major takedown took place in April 2018 that dismantled a multi-state heroin and fentanyl network and netted several related violent and gun crime offenders.  

So far in calendar year 2018, the United States Attorney’s Office for the Southern District of West Virginia has filed 45 PSN related indictments and informations charging approximately 110 defendants with various violent crime related offenses.  Recent notable cases include:

• Jonathan Chafin and Robert Reid were convicted of stealing firearms from a federally licensed firearms dealer.  The two defendants admitted breaking into Sportsmen’s Gun and Pawn multiple times and stealing over 150 guns.  Chafin faces up to 10 years in prison and Reid faces up to 40 years in prison when they are sentenced in November 2018.

• Dillon Jackson was sentenced to 36 months in prison for stealing 24 firearms from an FFL.  He admitted to trading the stolen guns for money and drugs.

• Terry Lee Powell, a former Mason County Deputy Sheriff was sentenced to 5 months in prison, followed by 6 months of home confinement for possession of a stolen firearm.  Powell admitted that he sold a firearm he seized during an investigation instead of logging it into evidence.

• James Anthony Mitchell, from Detroit, Michigan, was sentenced to 30 months in prison for being a felon in possession of a firearm as a result of being caught with a gun after a bar fight in Huntington.  Police received a call reporting a large bar fight at Rehab Bar.  A bystander provided officers with a description, matching Mitchell’s, of a male with a gun who had just left the area.  When officers found Mitchell, he had a loaded pistol in his waistband.   Mitchell had previously been convicted of multiple felony offenses in state court and was prohibited from possessing a firearm.

• Bunthia Tach from Kansas was sentenced to 11 years in prison after pleading guilty to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. 

• Marshall Leroy Saunders was sentenced to 12 years in prison after pleading guilty to carjacking.   Saunders was a suspect in an unrelated crime when police observed him entering a taxi.  Saunders admitted that when police attempted to pull the taxi over, he pointed a loaded gun at the driver and ordered him out of the vehicle.  Saunders then took control of the taxi, driving at speeds of up to 110 miles per hour before he was apprehended by law enforcement officers.

Community Partnerships

The United States Attorney’s Office SDWV has built unprecedented partnerships among various federal, state and local agencies, as well as community prevention coalitions to implement prevention, outreach and reentry initiatives.  A series of community forums has been launched, with the first recently held in the Huntington, Cabell County area.  A public messaging campaign is in development to inform the community about the PSN initiative and send a message of deterrence  to potential offenders.

Improvements to Community Safety

• The FBI’s official crime data for 2017 reflects that after two consecutive years of historic increases in violent crime, the nationwide violent crime rate began to decline in the first year of the Trump Administration.  The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.

• The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.

• According to the FBI’s crime data for West Virginia, violent crime incidents decreased from 5131 in 2016 to 4805 in 2017.

• Since the April 2018 DTO takedown in Huntington, the city is seeing significant decreases in violent crime.  Comparing April 2018 – September 2018 (2 quarters) with that of the same time period in 2017,  homicides decreased from 8 to 2, non-fatal shootings dropped from 24 to 9, and overall violent crime incidents fell from 217 to 181.   Interestingly, first responders report that overdoses have been trending downward in the area since our significant enforcement action.  Treatment professionals also indicate an increase in substance abuse disorder treatment referrals.

• In 2018, ATF referred 79 firearm cases with 118 defendants to the U.S. Attorney’s Office, SDWV.  Also, during the same time period, ATF seized 466 firearms in the Southern District of West Virginia with a street value of over $86,000.

 

These enforcement actions and partnerships are 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. Attorney General Jeff Sessions 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. Learn more about Project Safe Neighborhoods.

 

SDWVNews and USAttyStuart

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CHARLESTON, W. VA – Donald Wayne McCune of St. Albans was sentenced today to 46 months in prison for the distribution of methamphetamine and being a felon in possession of firearms, announced United States Attorney Mike Stuart.  Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT), and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

“Drugs and guns don’t mix.  We don’t see too many drug dealers without guns,” said United States Attorney Mike Stuart.  “And all too often, like McCune, the drug dealers identified for prosecution have previous felony convictions prohibiting them from possessing firearms.  The result -- federal drug and gun charges. Why? Because guns in the hands of prohibited persons risks the lives of law enforcement and the public.  We cannot tolerate that whatsoever.”

McCune, 55, pled guilty on May 24, 2018, and had been in federal custody since March 2, 2018.  McCune admitted that he sold methamphetamine to a confidential informant on three occasions in 2017. When officers searched his home, they found six firearms, including an AR-15 rifle and several loaded handguns. At the time, McCune was a convicted felon—he had been convicted of the felony offense of uttering in Kanawha County in 2007.

Assistant United States Attorney Gabriele Wohl handled the prosecution.  United States District Judge Irene C. Berger presided over the hearing.

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. Attorney General Jeff Sessions 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.

SDWVNews and USAttyStuart

 
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BLUEFIELD, W.Va.—United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court to distribution of cocaine.  Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.

“Cocaine was the rage in the 1980’s.  It is coming back with a vengeance and is far more potent than ever before,” said United States Attorney Mike Stuart.  “My team is focused on stopping dealers from building the cocaine trade. We don’t want cocaine to become the epidemic it was decades ago.”

Jermaine Jones, 30, admitted that on March 30, 2018, he distributed a quantity of cocaine to a confidential informant near Bluewell in Mercer County.  He further admitted that he sold cocaine in Mercer County on four other occasions in March and April of 2018, and that he possessed an additional amount of cocaine on April 4, 2018 at his residence in Princeton.  Finally, he admitted that when authorities searched his residence, they found his two pistols.  Jones faces up to 20 years in prison when he is sentenced on January 31, 2018.

Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.

 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Anthony Michael Mowery, 42, of Parkersburg, was sentenced today to 63 months in prison for possessing a firearm after having been convicted of a felony.  Stuart commended the efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

“Between his federal convictions for meth trafficking and possessing a firearm as a convicted felon, Mowery will now serve a total of almost 15 years in federal prison,” said United States Attorney Mike Stuart.  “No doubt Parkersburg is a safer city with Mowery behind bars.”

Mowery pled guilty in July 2018, admitting that he possessed a Hi Point 9mm semiautomatic pistol during an argument he had with Joseph Daniel Mills near the little league baseball field in the vicinity of Buckeye Street and Camden Avenue in Parkersburg.  Video evidence provided by Mills showed Mowery brandishing a pistol at Mills from the passenger seat of a vehicle.  During the altercation, Mowery fled with the driver, abandoning the vehicle at the scene.  Police recovered nine millimeter ammunition from the vehicle and a Hi Point pistol and magazine in the field nearby.   Mowery was prohibited from possessing the firearm as a result of his previous felony convictions for child abuse and unlawful assault.  In an unrelated matter, Mills has since been convicted of methamphetamine trafficking and was sentenced on May 25, 2018 to 108 months in federal prison. 

United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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.   Attorney General Jeff Sessions 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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Defendant had  a prior deportation in 2012

CHARLESTON, W.Va. – A Guatemalan national man entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Domingo Celestino Pacheco-Us, 37, faces up to two years of incarceration when he is sentenced on February 19, 2019.  Pacheco-Us  is also subject to deportation proceedings at the conclusion of any sentence.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“I applaud ICE agents for ensuring our immigration laws are followed by individuals entering the United States,” said United States Attorney Mike Stuart.  “ICE is a critically important  enforcement tool for the United States.  We have been and will continue to prosecute those that violate those laws and enter this great country illegally.”

On August 15, 2018, Pacheco-Us was found in Ripley, Jackson County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working at a restaurant in Ripley, West Virginia.  Pursuant to this investigation,  ICE agents approached Pacheco-Us and he surrendered to them, offering a Guatemalan identification document. Agents immediately confirmed that Pacheco-Us was not in the United States legally, and took him into federal custody.

Pacheco-Us fingerprints matched him to a 2012 prior encounter where he was found in South Komelik, Arizona on October 8, 2012 and deported from the United States to Guatemala on October 31, 2012.   He illegally reentered the United States prior to his capture in 2018.  Pacheco-Us had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Pacheco-Us admitted to ICE agents that he was a Guatemalan citizen and subject to deportation proceedings both in 2012 and also in 2018.

Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Irene C. Berger presided over the hearing.

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BLUEFIELD, W.Va. – A Bluefield man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Tykeem Freeman, 25, entered his guilty plea to being a felon in possession of a firearm.  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).

“What can I say? Another convicted felon.  On parole.  With a firearm,” said United States Attorney Mike Stuart.  “These cases just keep coming and we keep prosecuting them. Now, he is still a felon, no longer on parole, and no longer possessing a firearm.”

Freeman admitted that April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and the Alcohol, Tobacco, Firearms, and Explosives 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 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 also 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 2016 drug-related felony conviction in Tazewell County, Virginia.

Freeman faces up to 10 years in federal prison when he is sentenced on January 31, 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. Attorney General Jeff Sessions 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.

 

SDWVNews and USAttyStuart

 

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CHARLESTON, W.Va. - United States Attorney Mike Stuart announced that Marcia Evans, 60, of Gilbert, and Kimberly McCoy, 43, of Amherstdale, were sentenced for their involvement in the theft of the controlled substance Suboxone.  Evans and McCoy were sentenced to 10 and 6 months in prison, respectively. The sentences were imposed by United States District Judge David A. Faber.   The investigation was conducted by the Drug Enforcement Administration, with assistance from the West Virginia Board of Pharmacy.

“The sentences imposed are consistent with federal guidelines.  The largest pharmaceutical theft in the recorded history of the West Virginia Board of Pharmacy, yet the sentencing guidelines suggested sentences that are comparatively light to other comparable drugs of abuse,” said United States Attorney Mike Stuart.  “Suboxone is being abused in record numbers across the country.  I have personally requested that the DEA and Department of Justice reconsider the scheduling of Suboxone to a classification that will provide sentences worthy of the danger this drug poses if not used for legitimate medical purposes.”

Evans and McCoy perpetrated what the West Virginia Board of Pharmacy has called the largest pharmacy theft in West Virginia since records have been maintained by the Board. Both Evans and McCoy were previously employed as pharmacy technicians at Riverside Pharmacy in Gilbert. They admitted that from 2014 to September 2016, they conspired with others to take Suboxone and Xanax from the supply at the pharmacy. In order to conceal the shortage of controlled substances, Evans and McCoy manipulated the controlled substance count in the pharmacy’s computers. An audit was performed comparing shipment records with distribution records at the pharmacy, and a shortage of over 23,000 dosage units of Suboxone and over 137,000 dosage units of Xanax was revealed. Evans and McCoy further admitted that they sold some of the Suboxone stolen from the pharmacy.

This case is a result of the work of the Opioid Fraud Abuse and Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis.  The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program. 

   

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CHARLESTON, W.VA. –  Don Lamont Wilkerson was sentenced yesterday to 240 months in prison. On March 30, 2018, a federal jury found Wilkerson, 44, of Charleston, guilty of three counts of distributing methamphetamine. He has been in federal custody since September 26, 2016.  United States Attorney Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT). 

“An oxycodone dealer turned meth dealer, convicted felon, repeat offender,” said United States Attorney Mike Stuart.  “Wilkerson won’t be dealing any illicit drugs in our communities for a very long time.”

Wilkerson sold a total of five ounces of methamphetamine to a confidential informant on three separate occasions in September 2016. The drug deals took place in retail parking lots in the South Hills and Kanawha City neighborhoods of Charleston.

Wilkerson committed these crimes while he was serving a term of supervised release for his 2010 conviction of distribution of oxycodone. In addition to the sentence for his new criminal convictions, he was sentenced to 24 months in prison for violating the terms of his supervised release. His sentences will run consecutively, for a total of 22 years in prison.

Assistant United States Attorneys Gabriele Wohl and Steven I. Loew handled the prosecution. Senior United States District Judge David A. Faber presided over the hearing. 

 

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BECKLEY, W. Va. -- United States Attorney Mike Stuart announced today that a Beckley man was sentenced to 36 months in prison on federal drug and gun charges.  Stuart commended the investigation conducted by the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

“Yet another meth dealer and convicted felon in possession of a firearm,” said United States Attorney Mike Stuart.  “State and local law enforcement agencies are working closely with ATF to identify guys like Harvey in every southern West Virginia community and we are prosecuting them as part of our Project Safe Neighborhoods (PSN) initiative.”

Anthony Harvey, 43, pled guilty in June to distributing methamphetamine and to being a felon in possession of a firearm.  On June 14, 2016, Harvey sold a quantity of methamphetamine to a confidential informant working with the Beckley Police Department.  On August 16, 2016, law enforcement officers executed a search warrant at Harvey’s home.  At that time Harvey was a twice-convicted felon and was in possession of firearms.  Specifically, he possessed a .22 caliber pistol and a .25 caliber revolver.  He was prohibited from possessing firearms under federal law because of two prior convictions, one for assault with a firearm in California in 1995, and the other for sale of marijuana in California in 2004. 

The sentence was imposed by 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.  Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Justice 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. – A South Charleston man pled guilty today to federal heroin and fentanyl charges, announced United States Attorney Mike Stuart.  Christopher Thomas Campbell, 24, entered his guilty plea to distribution of heroin and fentanyl before United States District Judge Joseph R. Goodwin.  Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT).

“Fentanyl is deadly,” said United States Attorney Mike Stuart.  “We are vigorously prosecuting the peddlers of this poison, regardless of drug quantity.  Too many lives are being lost at the hands of heroin and fentanyl dealers.  We will not stand idly by – we will hold them accountable and put them behind bars.”

On January 2 and 11, 2018, MDENT agents made controlled purchases of heroin and fentanyl from Campbell at his Goshorn Street apartment in South Charleston.  Shortly after the second purchase, MDENT agents arrested Campbell at his apartment.  Following his arrest, Campbell admitted to police that he had been selling heroin for approximately one year.  Campbell was on bond at the time of the offense for drug charges unrelated to the federal offense.  

Campbell faces up to forty years when he is sentenced on January 7, 2019.   Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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Defendant had two prior removals for illegally entering the United States

CHARLESTON, W.Va. –  Javier Leon Villagomez was sentenced to “time served” and immediately remanded for deportation proceedings for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Villagomez,  40, of Guanajato, Mexico, was taken into ICE custody at the conclusion of the hearing.  Villagomez  pled guilty on August 9, 2018 and had been in federal custody since May 12, 2018.   United States Attorney Mike Stuart praised the work of the Jackson County Sheriff’s Department and Immigration and Customs Enforcement (ICE). 

“Individuals illegally enter our country over and over again,” said United States Attorney Mike Stuart.  “We will prosecute them each and every time and deport them – unless they follow the rules.”

On May 12, 2018,  Villagomez  was arrested for domestic violence charges near Ravenswood, Jackson County, West Virginia by officers working for the Jackson County Sheriff’s Department.  In investigating the case, Jackson County Sheriff’s Department contacted ICE to confirm Villagomez’s legal status. ICE agents spoke to Villagomez, and confirmed that he was not legally present in the United States. ICE agents further submitted Villagomez fingerprints for a forensic examination.  The results of the examination matched Villagomez to two prior removals from the United States.  One prior removal was in 2007 and the second in 2008, both from the Milwaukee, Wisconson area.  After being deported on two separate occasions, Villagomez  then illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Villagomez is a citizen of Mexico.

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

 

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MAJOR TAKEDOWN BY OVER 100 LAW ENFORCEMENT OFFICERS

 Over 600 Grams of Heroin, Fentanyl and Nearly a Kilo of Meth Seized

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a major takedown today of drug traffickers resulting in the dismantling of a multi-state Drug Trafficking Organization (DTO) responsible for distributing over 600 grams of heroin, fentanyl and almost a kilogram of methamphetamine, cocaine and oxycodone.  Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration (DEA) Assistant Special Agent in Charge (ASAC) David Gourley,  Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Resident Agent in Charge (RAC) Adam Black, West Virginia State Police Captain Jason Davis, West Virginia National Guard Lieutenant Colonel William Annie, Fayette County Prosecuting Attorney Larry Harrah, Fayette County Sheriff Mike Fridley, Oak Hill Police Chief Michael Whisman, Fayetteville Police Chief David Kinzer, Nicholas County Sheriff William Nunley, Summersville Police Chief John Nowak, National Park Service Chief Ranger Duane Michael, United States Marshal Michael Baylous, as well as representatives from the Beckley Police Department, Beckley/Raleigh County Drug and Violent Crime Task Force, and the Southern Regional Drug and Violent Crime Task Force.   The DEA and ATF offices in Newark, New Jersey also provided valuable assistance in this investigation.

"Today we are taking further steps to tackle the drug crisis which is especially hurting the people of West Virginia," Attorney General Jeff Sessions said. "President Trump has made ending this crisis a top priority for this administration and under his leadership the Department of  Justice has taken historic new steps to put drug traffickers in jail. Today we announce the dismantling of a drug trafficking organization that spread addiction and death from West Virginia to New Jersey. As part of this operation, law enforcement has charged around 40 defendants, seized multiple pounds of addictive drugs – including heroin, fentanyl, and oxycodone -- and hundreds of thousands of dollars of allegedly ill-gotten gains. And so I want to thank U.S. Attorney Mike Stuart, DEA, ATF, the Marshals Service, and especially our fabulous state and local partners. By taking drug traffickers off of our streets, they are helping to keep the American people safe."

The takedown today was the result of a long-term investigation led by DEA and the Central West Virginia Drug Task Force (CWVDTF), dubbed “Operation Mountaineer Highway.”  A total of 38 individuals have been charged in federal and state court.  The long-term investigation which stretched from West Virginia to New Jersey resulted in the seizure of large quantities of controlled substances, over 65 illegally possessed firearms, and over $360,000 in United States currency, which represents proceeds of the DTO’s drug trafficking operations.

The first strike occurred in October 2017 when members of the DEA Charleston Heroin Enforcement Group and Tactical Diversion Squad, and investigators with the CWVDTF arrested a Fayette County drug dealer for selling heroin and methamphetamine.  During a post arrest debrief, a drug dealer identified two of his primary drug suppliers.  The identified drug suppliers were  known to law enforcement in Fayette County, West Virginia, but had eluded investigators.   Through their investigation, law enforcement officers were led to a DTO in Newark, New Jersey.  Over the course of nine months, investigators conducted an exhaustive investigation linking the local DTO to sources in South Carolina and ultimately to sources in New Jersey. 

While this investigation is ongoing, investigators have been able to dismantle a DTO operating across multiple states and responsible for distributing large quantities of methamphetamine, heroin, oxycodone pills, and cocaine.  The heroin examined by the DEA lab has been found to contain heroin and fentanyl.  The distribution of these drugs occurred in a rural region of West Virginia with a population of less than 10,000 that has been plagued by record high levels of overdose deaths for the past several years.  It is believed that the dismantling of this DTO will significantly curtail the opioid scourge in Fayette County and the surrounding area.

The arrests and seizures relating to Operation Mountaineer Highway break down as follows:

• 12 individuals have been charged in four federal indictments in the Southern District of West Virginia with conspiracy to distribute, possession with intent to distribute, and the distribution of  heroin and fentanyl, methamphetamine, cocaine, and oxycodone;
• Two defendants have been charged with being a felon in possession of a firearm;
• 26 individuals are facing state charges filed by the Fayette County Prosecuting Attorney;
• Over 1000 oxycodone pills were seized;
• Over 600 grams of Heroin/Fentanyl were seized;
• Almost a kilo of methamphetamine was seized;
• Over $360,000 in United States Currency was seized; and
• Several vehicles were seized that were used to transport controlled substances. 

As part of today’s law enforcement actions, nearly 100 individuals are being arrested.  In addition to the 38 individuals facing federal and state charges in connection with Operation Mountaineer Highway, an additional 54 individuals are being arrested on state charges in unrelated cases.  Over 100 federal, state and local law enforcement officers took part in today’s takedown effort.  The West Virginia National Guard also provided a number of personnel in a support function to the operation. 

“Today was a major takedown of a major drug trafficking organization but, more important, today was a major takeback – of our streets, towns, and communities,” said United States Mike Stuart.  “This is an important day for the people of southern West Virginia.  As a result of the remarkable work of multiple law enforcement agencies, a significant drug trafficking organization has been shut down.  We have been incredibly aggressive in our efforts to hold drug traffickers accountable, and we will continue our aggressive efforts until the poison peddlers and drug dealers are out of business.  This case is a testament to what can be accomplished when federal, state and local law enforcement work so well together towards a common goal.”

Today’s actions would not have been possible without the seamless collaboration of federal, state, and local law enforcement agencies.  The investigation was led by the DEA and the Central West Virginia Drug Task Force, with assistance and support from the West Virginia State Police, ATF, the Fayette County Sheriff’s Department, the Nicholas County Sheriff’s Department, the Summersville Police Department, the Oak Hill Police Department, the Beckley Police Department, the Beckley/Raleigh County Drug and Violent Crime Task Force, the Southern Regional Drug and Violent Crime Task Force, and the West Virginia National Guard.    The U.S. Attorney’s Office for the Southern District of West Virginia and the Fayette County Prosecuting Attorney’s Office, are working together hand-in-hand to remove these dangerous drug traffickers from our streets.

“These arrests today should send a clear message to anyone wanting to distribute illicit drugs in this community,” said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division, which oversees operations in West Virginia.  “We will find you and we will shut down your operation, wherever you are,” Evans added.

“Today is a monumental day for Fayette County and the State of West Virginia,” said Fayette County Prosecuting Attorney Larry Harrah.  “Today was made possible by many hours of great work by all of the law enforcement agencies involved in this historic investigation.  I am so proud of the teamwork demonstrated by our dedicated officers. Because of their efforts the drug trade in Fayette County has taken a significant hit and the work continues.”

“When federal, state and local agencies come together to work joint investigations, the cases have substantial impact on communities,” said Captain Jason E. Davis, West Virginia State Police, Bureau of Criminal Investigations.  “This case illustrates the benefits of multi-agency collaboration.”

"A project of this scale will have a measurable impact on this area," said Fayette County Sheriff Mike Fridley.  "These operations are not just targeting simple street level dealers, the project's goal is to ultimately cut the heads off of many snakes as possible."

"Today we see the results of a long term, multi-agency investigation into the illegal drug trafficking of multiple suspects in and around the City of Oak Hill,” said Oak Hill Police Chief Michael Whisman.  “I hope this sends a clear message to others who are involved in this type of illegal activity."  

The investigation is ongoing and could result in additional federal and state charges in the future.

Please Note:  An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

SDWVNews and USAttyStuart

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CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching a series of community forums over the next few months to discuss public safety issues.  The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, will be held at locations throughout the Southern District of West Virginia and invite 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.

“I’m going to do a lot more listening than talking,” said United States Attorney Mike Stuart.  “I want to hear the concerns of the public and to make sure we are doing all we can do to address the needs of our citizens.”

In October, the following community forums will be held from 6:00 – 7:30pm:

Tuesday, October 2 -   Cabell County – Holiday Inn Express, 3551 US Rt. 60 East, Barboursville

Thursday, October 11 – Raleigh County – Raleigh County Convention Center, 200 Armory Drive, Beckley

Tuesday, October 16 – Logan County - Word of Life Church, 518 Mud Fork Road, Logan

Tuesday, October 23 – Putnam County – Teays Valley Church of the Nazerene, 3937 Teays Valley Road, Hurricane

Doors will open at 5:00pm for networking.

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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HUNTINGTON, W.Va. – Another defendant netted in Operation Saigon Sunset pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Malcomb Simmons, of Huntington, also known as “Mac,” 45, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin and fentanyl.  Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

“To date, Simmons is the 13th of 15 defendants that have pled guilty to a federal indictment as a result of Operation Saigon Sunset,” said United States Attorney Mike Stuart.  “Heroin and fentanyl are deadly drugs that have caused tragic deaths of so many of Huntington’s residents.  Project Huntington has certainly achieved great results, but our work is not done until every death causing drug dealer is eradicated from Huntington and other cities throughout the Southern District of West Virginia.”   

Simmons admitted that he conspired with Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia.  Simmons admitted that he supplied “Money” with heroin and fentanyl for “Money” to add to his heroin to sell in Huntington. 

Simmons faces up to 20 years in federal prison when he is sentenced on January 14, 2019.

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

 

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Defendant fraudulently spent over 34,000 dollars

HUNTINGTON, W.Va. – Brandi Moore entered a guilty plea to theft of federal benefits, announced United States Attorney Mike Stuart.  Moore, 38, of  Gallipolis Ferry, Mason County, West Virginia faces up to 10 years of incarceration, a 250,000 dollar fine, three years of supervised release and a 100 dollar special assessment when she is scheduled to be sentenced on January 22, 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 United States Department of Veterans Affairs, Office of Inspector General and the Federal Bureau of Investigation. 

“Despicable. Stealing veterans benefits,”  United States Attorney Mike Stuart.  “Our veterans have served our country honorably, made tremendous sacrifices and deserve every possible benefit.  Those who steal veterans benefits must be prosecuted.”

Moore had a family member who was a United States Military Veteran.  This veteran died on November 9, 2011.  Moore did not report his death, and the veterans benefits continued to accrue in the designated bank account.  Moore knew she was not entitled to receive or otherwise spend this family member’s money.  From November 2011 through April 2013, Moore accessed the veteran’s bank account and began withdrawing money on 191 separate occasions.  Primarily, Moore used an ATM card to make withdrawals, though she also admitted forging a name on at least one check constituting an endorsement.  The total amount of loss to the United States Treasury was 34,393 dollars.  On April 4, 2017, Moore gave a detailed statement to federal investigators admitting that she withdrew the veterans benefits using an ATM card and was not otherwise entitled to the money.  She also admitted to the agents that she forged an endorsement on a check associated with the VA account. 

Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecution.  Judge Robert C. Chambers presided over the hearing.

 

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CHARLESTON, W.Va. – A Kanawha County man pled guilty yesterday to a federal drug crime, announced United States Attorney Mike Stuart. Fabian Lee Woodson, 36, of Elkview, entered his guilty plea to possession with intent to distribute a quantity of heroin.  Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT).

“Yet another heroin dealer off the streets,”  said United States Attorney Mike Stuart.  “We are laser focused on removing these poison peddlers from our communities.” 

Woodson admitted that in early January of 2016, he possessed over 50 grams of heroin for distribution at his home in Elkview, West Virginia. He further admitted that he had four firearms in his home. Woodson also admitted that on two occasions in December 2015, he sold .8 grams of heroin to a confidential informant. Officers with MDENT conducted these controlled purchases and then executed the search warrant on Woodson’s home where the drugs and guns were recovered.

Woodson faces up to 20 years in federal prison when he is sentenced on December 19, 2018.

The plea hearing was held before United States District Judge John T. Copenhaver, Jr.

 

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HUNTINGTON, W.Va. – A Hurricane man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Michael Shawn Alford, 38, entered his guilty plea to being a felon in possession of a firearm.  Stuart commended the investigative efforts of the Cabell County Sheriff’s Office, the Dunbar Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Another felon in possession conviction,” said United States Attorney Mike Stuart.  “ATF and our state and local law enforcement partners have intensified their efforts and worked a significant number of gun crime cases over the last nine months.  By doing so, they are making West Virginia safer for all of us.”

Alford admitted that On September 24, 2017, he was riding a motorcycle in the area of Dry Ridge Road in Milton. The motorcycle broke down and Alford began to push it down the road. When a deputy from the Cabell County Sheriff’s Office arrived on scene, Alford went behind a tree in the woods close to the road. The deputy heard Alford in the woods and asked him to come out to the road. The deputy then went behind the tree where Alford had been and recovered a Smith and Wesson, Model M&P Shield, 9mm handgun. Alford was prohibited from possessing any firearm under federal law because of felony convictions in Kanawha County Circuit Court for aggravated robbery in 2001 and for unlawful assault in 2009.

Alford faces up to 10 years in federal prison when he is sentenced on January 14, 2019.

Assistant United States Attorneys Clint Carte and Stephanie Taylor are responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

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. Attorney General Jeff Sessions 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. – A Charleston woman was sentenced to 24 months in prison today for a federal drug trafficking crime, announced United States Attorney Mike Stuart. Baylee Gibson, age 19, of Bench Road, previously pled guilty in April 2018 to distribution of 5 grams or more of methamphetamine.  Stuart praised the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT).

“This young woman made a terrible decision when she decided to sell meth,” said United States Attorney Mike Stuart.   “But make no mistake, we prosecute drug dealers – young, old and every age in between – for peddling their poisons in our communities.”

On August  25,  2017,  an agent  with  MDENT arranged to meet Gibson and purchase one ounce of methamphetamine for $1200. The agent had spoken to Gibson on the telephone and had arranged the price and quantity.. Gibson told the agent to meet her at a parking lot just off the campus of West Virginia State University      (WVSU) on Baron Drive in Institute, West  Virginia..  This was the site of a previous methamphetamine sale by Gibson.  

The agent met Gibson as planned. After a brief discussion, Gibson took $1200.00 of prerecorded buy money, got out of the agent' s car and walked towards the campus of WVSU. Additional MDENT agents were positioned around the campus conducting surveillance. Gibson then met with another individual, later identified as her co­ defendant, Kyle Keith Russell, and returned to the agent's car. There, Gibson provided the agent with a clear plastic bag with a substance that field tested positive as methamphetamine. The substance was sent to the Mid-Atlantic DEA laboratory where it was tested. The testing showed the substance was 23.39 grams of pure methamphetamine. Gibson arranged and sold methamphetamine to the  same undercover agent on August 22, 2017, and twice on August 30, 2017. The agent arranged all three of those additional sales directly with Gibson. Those sales took place in the same manner and at the same location as the count of conviction.  Kyle Keith Russell was Gibson’s source of supply for those sales.  Russell pled guilty to possession with intent to distribute 5 grams or more of methamphetamine as well as possession of a firearm in furtherance of drug trafficking.  Russell’s sentencing is scheduled for November 14, 2018.

United States District Court Judge John T. Copenhaver, Jr. presided over the case.  Assistant United States Attorney R. Gregory McVey handled the prosecution.

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Greenbrier West High School Counselor Changed Daughter’s Grades to Obtain Financial Scholarships

BECKLEY, W.Va. –  United States Attorney Mike Stuart announced that yesterday a federal grand jury indicted Mellissa Krystynak, of Stuart, Florida, on six counts of mail fraud relating to a scheme to defraud Greenbrier West High School and several scholarship organizations.

Krystynak, 49, was a school counselor at Greenbrier West from 2011 until 2017. While she was employed there, two of her children attended the school. The indictment alleges that Krystynak used her administrator access to the school’s grading system to inflate over 35 of her daughters’ grades. The indictment goes on to allege that, with Krystynak’s assistance, one of her daughters applied for and was awarded over $10,000 in financial scholarships during her senior year. These scholarships were based on applications containing the fraudulent report cards and transcripts. The indictment charges Krystynak with causing the scholarship checks to be mailed to her daughter’s college.

Krystynak’s initial appearance is scheduled on October 3, 2018 in front of United States Magistrate Judge Omar J. Aboulhosn in Beckley.  Krystynak faces up to 20 years in prison for each count.

The investigation is being conducted by the Office of Inspector General for the U.S. Department of Education.  Assistant United States Attorney Gabriele Wohl is handling the prosecution.

The indictment can be found 

here .

Please note:  An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

 

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