Southern District of West Virginia

BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced that a Bluefield man was sentenced yesterday to federal prison on a gun charge.   Laron Safford, 42, was sentenced to 24 months in prison for being a felon in possession of a firearm.  The case was investigated by the Southern Regional Drug and Violent Crime Task Force.

“Repeat offenders keep my prosecutors busy,” said United States Mike Stuart.  “We will prosecute convicted felons found to be in possession of firearms EVERY. SINGLE. DAY.”

Safford pled guilty in January, admitting that on September 14, 2017, he possessed two pistols at his residence in Bluefield.  Safford was prohibited from possessing firearms because of his prior felony convictions of delivery of a controlled substance and trafficking in cocaine.  He also admitted that he sold cocaine to an informant in Bluefield on four occasions in September 2017.

Assistant United States Attorney John File prosecuted the case and Senior United States District Judge David A. Faber 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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BLUEFIELD, W.Va. –Two Wyoming County men were sentenced today in federal court for their respective roles in a scheme to commit insurance fraud by arson, announced United States Attorney Michael B. Stuart. Dudley Bledsoe, 63, of Hanover, was sentenced to 24 months in prison and ordered to pay $294,085.07 in restitution.  Bledsoe previously pled guilty to an unlawful monetary transaction charge.  James Keith Browning, 54, also of Hanover, was sentenced to 50 months’ imprisonment and ordered to pay restitution in the amount of $211,553.50.  Browning previously pled guilty to arson to commit wire fraud.  Stuart commended the West Virginia Insurance Commission, the United States Postal Inspection Service, and the West Virginia State Police for their investigation.  

“Greed leads to reckless, dangerous behavior,” said United States Attorney Mike Stuart.  “Crimes that endanger lives and property will be prosecuted every day of the week by this United States Attorney. “

In the spring of 2012, Bledsoe, with the assistance of James Edward Lester, also known as “Punkin,”  and others, purchased a house in Matoaka, Mercer County.  The purchase price was approximately $38,000.  They insured the property for over $300,000 and set fire to the house in December of 2012 using cardboard and unscented candle oil.  Bledsoe, with the help of others, then filed false claims for the house and its contents. Bledsoe collected the proceeds and divided the proceeds with others involved in the scheme.

In the spring of 2013, Browning, and James “Punkin” Lester devised a scheme to purchase a house, place it in Browning’s name, obtain insurance on it and burn it to collect the proceeds. The property was located at 9068 Interstate Highway in Ikes Fork, West Virginia.  Sometime during the week of August 12, 2013, Lester, Bledsoe and Browning manufactured an alibi they could use for when the house was burned. After the creation of the plan for the alibi, Bledsoe and Browning went to the house in Bledsoe’s vehicle to prepare the house to be burned.  The house burned on August 16, 2013, while Browning and Lester were at the West Virginia State Fair.  Browning then filed a fraudulent claim with the insurance company for the loss of the house and for items purportedly contained in the house. Ultimately, Browning received $100,000 from the insurance company for the false claim. Browning then divided the proceeds with Bledsoe and Lester. 

Four other defendants involved in the scheme were convicted following a five-day jury trial in Charleston.  The jury found Windel Lester, 67, his ex-wife Georgetta Lester Kenney, 42, and Windel Lester’s sons, James “Punkin” Lester, 48, and Greg Lester, 41, guilty of various charges related to the arson and insurance fraud scheme.  Their sentencing hearings are scheduled for December 20, 2018.

Assistant United States Attorneys R. Gregory McVey and Philip H. Wright handled the prosecution. Senior District Court Judge David A. Faber handed down the sentences.

 

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HUNTINGTON, W.Va. – A Huntington man who was arrested as part of Project Huntington pled guilty today in federal court to drug and gun charges, announced United States Attorney Mike Stuart.  Eric Lee Burgess, 34, entered guilty pleas to distribution of heroin, prohibited possession of a firearm by a drug user, 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department.

“Our goal in Project Huntington was to make Huntington one of the safest cities in America,” said United States Attorney Mike Stuart.  “Removing defendants like Burgess, a gun selling, gun-toting heroin dealer and user, from the streets of Huntington, takes us one step closer to our goal.”   

On October 7, 2014, a confidential informant and an undercover ATF agent met with Burgess at Burgess’s residence located at 306 9th Street West in Huntington to purchase heroin.  After negotiating the transaction, Burgess distributed approximately 5 grams of heroin to the agent in exchange for $875.  Burgess was also observed using heroin and admitted that he possessed a .40 caliber pistol during the transaction. 

On December 16, 2014, the undercover agent again met with Burgess at his residence.  On this occasion, the agent again observed Burgess using heroin and Burgess sold the agent an AR-15 style rifle along with a 30-round magazine.

On April 17, 2018, investigators arrested Burgess at his residence as part of Project Huntington.  Investigators conducted a search of Burgess’s residence and seized a number of items including heroin, digital scales, and three firearms with assorted ammunition.  Burgess admitted that he intended to distribute the heroin that was seized and that he possessed the firearms to serve as protection during heroin transactions. 

During the plea hearing, Burgess also admitted to meeting with the informant and undercover agent on six additional occasions.  On these occasions, Burgess admitted that he sold the informant and agent oxycodone pills, heroin, and four additional firearms.  Burgess also admitted that he possessed other firearms during some of the transactions and that he was prohibited from possessing firearms based on his drug usage.    

Burgess faces at least 5 years and up to life in federal prison when he is sentenced on January 14, 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 prosecution is part of Project Huntington, an effort announced by United States Attorney Mike Stuart in March 2018 in response to the opiate epidemic and violent crime in southern West Virginia. 

This case is also 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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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that Terry Lee Powell, 42, of Point Pleasant, was sentenced today to five months in prison, followed by six months of home confinement for possession of a stolen firearm.  Stuart commended the efforts of the West Virginia State Police and the Mason County Sheriff’s Department. 

“Powell violated the public’s trust and dishonored the law enforcement profession and his fellow officers when he chose to commit this crime,” said United States Attorney Mike Stuart.  “The overwhelming majority of our law enforcement officers conduct themselves every day with the utmost integrity.   The few law enforcement officers who abuse their power and authority and act unlawfully, must be prosecuted.”

Powell pled guilty in June 2018, admitting that on July 4, 2015, while working as a Mason County Deputy Sheriff, he seized a World War II era Luger 9mm pistol during an investigation he was conducting at a residence on Ultra Lane in Ashton, West Virginia.  Instead of logging the weapon into evidence, Powell sold it for $2,500 to Eugene Asbury of Gallipolis Ferry.  Mason County Sheriff Gregory Powers had been conducting an internal investigation of Powell when he learned that West Virginia State Troopers found evidence of Powell’s theft and sale of the pistol while executing a federal search warrant at Asbury’s residence in April 2016.  Sheriff Powers referred the matter to the State Police for criminal investigation.  Asbury later pled guilty to federal drug trafficking and money laundering charges as a result of that investigation and was sentenced to 63 months in prison. 

United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Joshua Hanks prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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 man was convicted of a federal gun crime following jury trial before Senior United States District Judge David A. Faber, announced United States Attorney Mike Stuart.   Michael Matthew Phillips, age 31, was convicted of possessing a firearm by a prohibited person.

“It’s simple – convicted felons are prohibited from possessing firearms,” said United States Attorney Mike Stuart.  “Violations of our federal gun laws are serious matters that put public safety at risk.  I applaud the excellent work of ATF, the Kanawha County Sheriff’s Department and Assistant United States Attorney Greg McVey.”

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

Phillips faces up to 10 years in prison and up to a $250,000 fine when he is sentenced in January 2019. 

 

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CHARLESTON, W.Va. –  Four defendants implicated in a federal methamphetamine conspiracy have been sentenced, announced United States Attorney Mike Stuart. Leonard Roberts, II, and Brittany Cross were sentenced to 216 and 120 months, respectively, and Anthony Cruz and Steve Jones were sentenced to 168 and 132 months, respectively, for guilty pleas each previously  entered  to their involvement in a conspiracy to distribute 500 grams or more of methamphetamine. A fifth defendant, Richard Rach III is scheduled to be sentenced on November 8, 2018.  Stuart commended the collaborative investigative efforts of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives,  the West Virginia State Police, the Kanawha  County Sheriff’s Department, and the Metropolitan Drug Enforcement Network Team.

“Law enforcement did a great job in shutting down this meth trafficking conspiracy,” said United States Attorney Mike Stuart.  “We are working together like never before to protect our citizens from poison peddlers and curb the supply of illegal drugs coming into our communities.” 

All four defendants previously admitted to their involvement with several other individuals in distributing methamphetamine shipped from California to various locations throughout the Charleston, West Virginia,  area.. The group was responsible for distributing between 500 grams and one and one-half kilograms of high purity methamphetamine.

Assistant United States Attorney John Frail handled the prosecutions. United States District Judge Joseph R. Goodwin imposed the sentences.

 

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Defendant has a prior conviction for sexual abuse of a minor

CHARLESTON, W.Va. – A Wirt County man was sentenced to 12 years in federal prison today for a child pornography crime and a firearms offense, announced United States Attorney Mike Stuart. Dusten Shawn Cottrell, 40, of Palestine, previously pled guilty to possessing child pornography and being a prohibited person in possession of firearms.  Stuart commended the investigative efforts of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.   

“Child pornographer. Meth user. Convicted felon in possession of firearms,” said United States Attorney Mike Stuart.  “West Virginia parents should sleep a little sounder tonight knowing that Cottrell has been taken off the streets and will be spending more than a decade in prison.   We are working tirelessly with our law enforcement partners to put child predators behind bars.”

Cottrell admitted that on December 7, 2017, he possessed images and videos of prepubescent minors engaged in sex acts. The investigation revealed that Cottrell was using a cell-phone application, Kik, to access, download, and distribute child pornography. Cottrell further admitted to possessing over 600 images and videos of minors engaged in sex acts, and that some of those images involved sadistic conduct. Cottrell also admitted that on December 7, 2017, he was in possession of at least two firearms. Cottrell was not permitted to possess these firearms based upon a 1999 conviction in Jackson County, West Virginia, for first degree sexual abuse of a minor.  Defendant was also prohibited from possessing the firearms based upon his admitted weekly use of methamphetamine.

Upon his release from prison, Cottrell will be required to serve a term of supervised release of 20 years. He will also be required to register as a sex offender.

First Assistant United States Attorney Lisa G. Johnston and Assistant United States Attorney Jennifer Rada Herrald are handled the prosecution. United States District Judge John T. Copenhaver, Jr. imposed the sentence.

This case is being 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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Defendant had a prior removal for illegally entering the United States

CHARLESTON, W.Va. –  Ezequias De Los Santos-Ruiz was sentenced for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Santos-Ruiz, 23, of Oaxaca, Mexico received a “time served” sentence and was immediately remanded into ICE custody for administrative deportation proceedings. He has been in federal custody since March 15, 2018—over five months.  United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE). 

“We have prosecuted a significant number of immigration cases since I became United States Attorney,” said United States Attorney Mike Stuart.  “We will continue to prosecute every one of these cases until all those entering this country do so by abiding by the laws of the United States of America.”

On March 15, 2018,  Santos-Ruiz was a passenger in a car that was stopped by the West Virginia State Police near Beaver, Raleigh County, West Virginia.  Once stopped, he offered to the Trooper a Mexican Identification document.  The Trooper immediately contacted ICE agents to confirm alienage.  ICE spoke to Santos-Ruiz and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Santos-Ruiz under arrest.  ICE agents further submitted Santos-Ruiz’s  fingerprints for a forensic examination.  The results of the examination matched him to a prior removal from the United States in 2017 from Kingsville, Texas.  After being deported, Santos-Ruiz illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Santos-Ruiz is a citizen of Mexico.  He entered a guilty plea on June 13, 2018.

Assistant United States Attorney Erik S. Goes handled the prosecution.  Judge Irene C. Berger presided over the hearing.

 

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HUNTINGTON, W.Va. – A Kanawha County man pled guilty today to a federal methamphetamine crime, announced United States Attorney Mike Stuart. Shane Steven Thaxton, 41, of Sissonville, entered his guilty plea to possession with intent to distribute 500 grams or more of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration Task Force, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, and the Drug Enforcement Administration’s Atlanta Division.

“Meth is a deadly, dangerous drug that is returning as a serious menace,” said United States Attorney Mike Stuart.  “We are working with our law enforcement partners to ensure that meth does not become the diabolical force that it was to our communities just a few years ago.  We’re not going back to the future.”

Thaxton admitted that in early May of 2016, he drove from West Virginia to Georgia to pick up methamphetamine for distribution. He further admitted that before driving back to West Virginia, he concealed the drugs in the spare tire of the vehicle. During a traffic stop in the Hurricane area on the return trip, law enforcement searched the vehicle and discovered the methamphetamine hidden in the spare tire. The drugs were later analyzed by a DEA laboratory and determined to be methamphetamine with a weight of over 800 grams.

Thaxton faces at least 10 years and up to life in federal prison when he is sentenced on January 7, 2019.

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

 

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HUNTINGTON, W.Va. – A Huntington woman who helped set up a methamphetamine sale in January of this year pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart.  Casey Marie Porter, 20, entered her guilty plea to aiding and abetting the distribution of methamphetamine in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Cabell County Sheriff’s Department.

“The example of a tragicness of the drug epidemic,” said United States Attorney Mike Stuart.  “A 20 year girl voluntarily pleading to aiding and abetting, being a distributor of the poisons of death.  It’s sad.  It’s very sad.  But this is a serious crime and we’ll deal with it seriously.”

Porter admitted that on January 31, 2018, a confidential informant called her to arrange the purchase of methamphetamine.  Porter told the informant that the informant could come to Porter’s residence to meet another individual to purchase the meth.  The informant then went to Porter’s residence where the other individual distributed 15 grams of meth to the informant in exchange for $350.  Porter was arrested on February 2, 2018, after a search warrant was executed at her residence where additional quantities of meth and heroin were seized.  Porter admitted as part of her plea agreement that she had been involved in assisting the other individual distributing meth and heroin in the Huntington area. 

Porter faces up to 20 years in federal prison when she is sentenced on January 7, 2019.

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

 

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BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell were sentenced on weapon charges.  The cases were investigated by the Federal Bureau of Prisons.

“Two more prisoners and two more shanks,” said United States Attorney Mike Stuart.  “Shanks pose a threat to other inmates and prison staff.  The only thing you get with a shank is a longer prison sentence.” 

Marlon Briceno, 32,  was sentenced to 15 months in prison for possessing a weapon in the prison.  Briceno pled guilty in April, admitting that on October 7, 2017, he possessed a handcrafted weapon commonly known as a “shank.”  A staff member at the prison found the weapon in his shoe.  Briceno’s sentence will run consecutively to the sentence he is now serving.

Bryan Casey, 32, was sentenced to 15 months in prison for possessing a shank.  He pled guilty in April and admitted that a staff member found the weapon in his pants pocket during a search on November 11, 2017.  Casey’s sentence will also run consecutively to the sentence he is presently serving.

The prosecution was handled by Assistant United States Attorney John File.  Senior United States District Judge David A. Faber imposed the sentences.

 

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BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Bluefield man was sentenced to federal prison on drug charges.  The case was investigated by the Southern Regional Drug and Violent Crime Task Force.

“We are doing everything within our power to shut down illegal pill trafficking,” said United States Attorney Mike Stuart.  “One by one, we will take these pill dealers down.”

Johnathan Damron, 41, was sentenced to 27 months on two counts of distributing hydromorphone.  Damron pled guilty in April, admitting that he sold hydromorphone to an informant in Bluefield on November 9 and November 13, 2017. 

Assistant United States Attorney John File handled the prosecution.  The sentence was imposed by Senior United States District Judge David A. Faber.

 

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HUNTINGTON, W.Va. – Two Huntington men pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Antonio Whitehead, 31, and Richard Board III, 21, entered guilty pleas to an indictment charging them with aiding and abetting the distribution of methamphetamine.  Stuart praised the investigation conducted by the Violent Crime and Drug Task Force West.

“Those who aid and abet are every bit as guilty of contributing to our drug crisis as the drug thugs who directly deal,” said United States Attorney Mike Stuart.  “Nearly 1,100 West Virginians died last year as a result of overdose, primarily due to the poison peddlers who have made addiction their business.  We are working aggressively and with a laser focus to zero in on poison peddlers, drug dealers and their agents and emissaries of despair.”

Whitehead admitted that on November 15, 2017, he met a confidential informant at Board’s residence in Huntington.  The informant gave Board $1,000 for an ounce of methamphetamine.  Board then gave Whitehead the money and Whitehead gave the informant approximately 28 grams of methamphetamine. 

Whitehead and Board both face up to twenty years in federal prison when they are sentenced on December 17, 2018.

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 had two prior felony convictions and three prior deportations

HUNTINGTON, W.Va. – A Mexican national man was sentenced to “time served”  for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Eduardo Martinez-Campeano, 47, has been in federal custody for nearly five months.  Martinez-Campeano is also subject to deportation proceedings.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement.

“Two prior felony convictions and three prior deportations,” said United States Attorney Mike Stuart.  “Illegal aliens pose a tremendous danger to our citizens.  We prosecute 100 percent of these cases and will continue to do so.  My advice to those who want to join in the greatness of this nation – GET IN LINE AND WAIT YOUR TURN.”

On April 10, 2018, Martinez-Campeano was traced to a hotel in Huntington, West Virginia by members of ICE after receiving a tip that defendant was in the country illegally and working at a restaurant in Barboursville, West Virginia.  ICE agents approached Martinez-Campeano and he surrendered to them. Agents promptly confirmed that Martinez-Campeano was not in the United States legally, and took him into federal custody.

Martinez-Campeano fingerprints matched him to a 2007 Missouri felony Forgery conviction. After his felony sentence in Missouri was discharged, Martinez-Campeano was deported from the United States. Martinez-Campeano reentered the United States and was removed from the United States for a second time in 2010.   Sometime afterword,  Martinez-Campeano reentered the United States and was captured in Texas.  He was convicted of the federal criminal offense of  Reentry of a Removed Alien in 2012.  Once again, defendant  Martinez-Campeano was deported from the United States.   Martinez-Campeano illegally reentered the United States for a fourth time prior to his capture in 2018.   Martinez-Campeano admitted to ICE agents that he was a Mexican citizen subject to deportation proceedings.  He entered a guilty plea on June 4, 2018.

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

 

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BLUEFIELD, W.Va. –  The last of nearly two dozen defendants was sentenced today to federal prison for his role in a drug trafficking organization, announced United States Attorney Mike Stuart. Shaun Givens, 40, of Beckley, was sentenced to 5 years in federal prison.  Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“The last of nearly two dozen drug thugs that no longer comprise a drug trafficking organization,” said United States Attorney Mike Stuart.  “Out of business and behind bars – exactly what we want for every drug dealer and poison peddler in West Virginia.  Great job by my prosecutor and our federal, state and local law enforcement partners.”

Shaun Givens previously admitted at his plea hearing that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and heroin in and around Raleigh County.  Givens admitted that during this time period, he received in excess of 500 grams of cocaine from other members of the drug trafficking organization that he distributed in the southern district of West Virginia.  Givens also admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley.  During the execution of the search warrant, officers found over seven grams of a mixture containing heroin and fentanyl, a small amount of cocaine base, seven firearms, and $1,127 in cash that defendant admitted were the proceeds of his illegal drug trafficking. 

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

All of the other defendants in this case have already been sentenced.  Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization.  His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison.  He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively.  Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.

David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison.  Jonathan O. Brockman, the brother of George E. Brockman, II, of Kimberly, Fayette County, was sentenced to nine years in federal prison.  Coleman, Carter, Staples and Brockman were also sentenced by Senior Judge David A. Faber.

On August 13, 2018, Judge David A. Faber sentenced James Rodney Staples, of Woodbridge, VA, to 151 in federal prison,  Karl Funderburk, of Teays Valley, to 60 months in federal prison, and George E. Brockman, II, of Montgomery, to 108 months in federal prison.   

 

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CHARLESTON, W.Va. -- David Wayne McDaniel, 53, from Charleston, pled guilty today to possession of child pornography, announced United States Attorney Mike Stuart.  Stuart commended the investigative work of the Federal Bureau of Investigation. 

“Incomprehensible,” said United States Attorney Mike Stuart.  “We will prosecute every one of these horrific crimes and put child predators behind bars.”

McDaniel admitted that he possessed over 600 images, including pornographic images of prepubescent minors and images containing sadistic or masochistic conduct, other depictions of violence, or sexual abuse or exploitation of an infant or toddler.

Because McDaniel has a prior conviction for sexual abuse of a minor, he faces a mandatory minimum of ten years in prison when he is sentenced on December 13, 2018. 

Assistant United States Attorney Steve Loew is handling the prosecution.  United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.

 

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BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two Bluefield men were sentenced to federal prison on drug charges.  Stuart praised the work of the Southern Regional Drug and Violent Crime Task Force.

“Communities all across West Virginia have paid a heavy price because pills invaded these valleys and mountains,” said United States Attorney Mike Stuart.  “We are prosecuting with haste those whose illegal practices led to the scourge of pills that aided the path of addiction for which too many of our good citizens fell prey.”

Gerold Flack, 40, was sentenced to 78 months for distribution of hydromorphone.  He pled guilty in April, admitting that on November 7, 2017, he distributed hydromorphone to an informant in Bluefield.  He also admitted that from the summer of 2017 until about November 30, 2017, he distributed about 3375 hydromorphone pills. 

Jamaal Crenshaw, 37, was sentenced to 30 months for distribution of oxycodone.  He also pled guilty in April, and admitted that he sold several oxycodone and oxymorphone pills to an informant in September and October of 2017.  He further admitted that when police searched his residence on October 5, 2017, they found over $5,000 which he had earned from selling drugs. 

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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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a federal jury sitting in Charleston returned unanimous guilty verdicts following the trial of former Logan County Schools Superintendent Phyllis Doty, 68, of Logan.  The guilty verdicts came after a four day jury trial before Senior United States District Judge David A. Faber.   The FBI and the West Virginia Legislature Commission on Special Investigations conducted the investigation.

“Guilty.  Guilty on all counts,” said United States Attorney Mike Stuart.  “We’ve placed an intense priority on public corruption.  Violations of the public trust by public officials, a position of trusted authority, is a true cancer to society.  Standing in defiance of public corruption is a fundamental priority for this United States Attorney and the United States of America.  I want to thank the tireless work of the FBI, the West Virginia Legislature Commission on Special Investigations and AUSAs Gabe Wohl and Erik Goes and our entire team for their shared commitment in defiance of public corruption.”

Doty was found guilty of eight felony charges, including four counts of wire fraud, two counts of theft from a program receiving federal funds, one count of mail fraud and one count of aggravated identity theft and faces up to 122 years in prison when she is sentenced on January 30, 2019. 

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

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

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

 

 

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CHARLESTON, W.VA. – A Nitro man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart.  Jon Green, Jr., 49, pled guilty before United States District Judge Joseph R. Goodwin to distribution of methamphetamine.  Stuart commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department.

“114% increase in meth overdoses in 2017,” said United States Attorney Mike Stuart.  “Methamphetamine trafficking is on the rise in West Virginia, but through our strong enforcement efforts and prosecution of meth dealers, we aim to stem the tide. Today’s meth is not the meth of just a few years ago. This meth is far more powerful, far more dangerous, and truly deadly.”

Green admitted that he sold methamphetamine on August 30, September 1 and September 14, 2017 to a confidential informant working with DEA.  The transactions occurred at defendant’s 7th Street residence in Nitro.

Green faces from 5 to 40 years imprisonment and a $5 million dollar fine when he is sentenced on November 28, 2018.

 

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Greenbrier County man was sentenced yesterday to 18 months in federal prison for distributing oxymorphone.  Cody Reed Godfrey, 26, pled guilty in May to distributing oxymorphone pills to an informant in Alderson, where Godfrey was residing at the time.  The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force.  

“More than 1,000 died in West Virginia last year from overdose,” said United States Attorney Mike Stuart.  “The illicit sale of prescription pills is still a major concern in the majority of our southern counties because those pills can cause great harm and even death.  My team will prosecute pill dealers like Godfrey every day of the week and twice on Sundays until we shut down pill trafficking.”

Godfrey admitted that he distributed, or possessed with the intent to distribute, 49 ½ oxymorphone pills and a small quantity of methamphetamine between June 9 and June 13, 2017. 

Assistant United States Attorney John File prosecuted the case.  United States District Judge Irene C. Berger imposed the sentence.

 

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Beckley man was sentenced yesterday to 36 months in federal prison on a gun charge.  James David Morris Jr., 39, pled guilty in May to being a felon in possession of a firearm.

“Another felon with a firearm,” said United States Attorney Mike Stuart.  “You would think the message would be clear – prohibited persons with guns will be prosecuted federally and put behind bars.”

Morris admitted that on October 14, 2017, he was riding a motorcycle in Harper Heights when he was stopped by a Raleigh County Sheriff’s Deputy, who found that Morris had a revolver in the waistband of his pants.  The revolver was stolen.  Morris was prohibited from possessing a firearm by virtue of his 2013 federal conviction of being an unlawful drug user in possession of a firearm.

The case was investigated by the Raleigh County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney John File prosecuted the case.  United States District Judge Irene C. Berger 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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BECKLEY, W.Va. – A Beckley man pled guilty yesterday to a federal methamphetamine distribution and gun crime, announced United States Attorney Mike Stuart.  Jason Cook, 33, entered his guilty plea to distribution of methamphetamine and possession of a firearm during and in relation to a drug trafficking crime. U.S. Attorney Stuart commended the investigative efforts of the Beckley/Raleigh County Drug and Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

“Unfortunately, we see it far too often – a previously convicted felon selling firearms and drugs,” said United States Attorney Mike Stuart.  “In partnership with ATF and state and local law enforcement, we have successfully prosecuted a significant number of these types of cases so far this year.  This United States Attorney is committed to reducing the drug and violent crime that has plagued our communities for far too long.”

Cook admitted that on January 29, 2018, he sold methamphetamine, that he had manufactured himself, to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crime Unit.  At the same time that he sold the methamphetamine to the informant, he also sold a Taurus, Model 66, .357 caliber revolver handgun.  Cook further admitted that he knew this was illegal, because he was a convicted felon and was not supposed to possess any firearms.  Cook also admitted to selling heroin and methamphetamine to the same informant on different dates.   

Cook faces up to 20 years in federal prison for the distribution of methamphetamine to be followed by a mandatory consecutive sentence of not less than 5 years for possessing the firearm during a drug trafficking offense when he is sentenced on December 5, 2018.

Assistant United States Attorneys Miller Bushong and Timothy D. Boggess are responsible for the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.

This case is being prosecuted as 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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HUNTINGTON, W.Va. – Another two defendants indicted for their roles in a major, multi-state heroin and fentanyl distribution network pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart.  To date, 11 of the 15 defendants charged in the indictment have entered guilty pleas.  The joint investigation was conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.

“Huntington. Detroit. Jacksonville. Canton.  Far reaching and netting drug traffickers from across the east coast,” said United States Attorney Mike Stuart.  “Operation Saigon Sunset closed down a major drug network.  Our message to drug thugs and traffickers? Huntington and West Virginia are CLOSED to hooligans. Stay away or be prepared to join the Peterson gang in a federal prison.” 

Willie Peterson, also known as “Chill,” 50, from Detroit, entered his guilty plea to an indictment charging him with conspiracy to distribute 100 grams or more of heroin and a quantity of fentanyl.  Peterson admitted that between July 2017 and April 2018 he conspired with individuals to distribute 100 grams or more of heroin and quantities of fentanyl in Huntington, West Virginia.  Peterson admitted that he distributed quantities of heroin to his brother, Manget Peterson, also known as “Money,” for him to distribute in Huntington in exchange for money.  Individuals in Huntington would send Peterson drug proceeds in Detroit, Michigan from drug sales in Huntington, West Virginia.  As part of his plea agreement, Peterson also admitted that in March 2018 he assisted David Miller, also known as “John,” in placing fentanyl and cocaine in a black box and attaching the box to Miller’s vehicle.  Miller intended to transport the controlled substances to Huntington for distribution purposes.  However, the Michigan State Police conducted a traffic stop on Miller and seized the controlled substances. 

Corey Beach, 30, from Jacksonville, Florida, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin.  Beach admitted that between October 2017 and January 2018 he conspired with individuals to distribute heroin in Huntington, West Virginia.  As part of the plea agreement, Beach admitted that Luther Peterson, also known as “Mook,” told him to deliver heroin to an informant at the Burger King on Route 60 in Huntington, West Virginia. 

Willie Peterson faces between 5 years and up to 40 years in prison and Beach faces up to 20 years in prison when they are sentenced on December 10, 2018.

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

 

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HUNTINGTON, W.Va. - A Putnam County man was sentenced today to six years in prison for a child pornography crime, announced United States Attorney Mike Stuart.  Stephen Craig Sluss, 59, of Scott Depot, West Virginia, previously pleaded guilty to receiving child pornography. United States District Court Judge Robert C. Chambers imposed the sentence. Sluss was ordered to serve 15 years on federal supervised release after completion of his prison term, and will also be required to register as a sex offender.  Sluss was also ordered to pay a special assessment of $5,000.

“These are violent, heinous, disgusting crimes,” said United States Attorney Mike Stuart.  “Child sexual exploitation investigations and prosecutions are a priority for my office.  Sluss’s sentence reflects the seriousness of these crimes.  I greatly appreciate the excellent and hard work of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the United States Department of Homeland Security - Homeland Security Investigations.”

Sluss admitted that on April 1, 2017, he received videos of prepubescent minors engaged in sex acts. The videos were received by Sluss via the Internet.  The investigation revealed that Sluss was using a web-based chatting service to access and download child pornography,   Sluss further admitted to possessing over 600 images and videos of minors engaged in sex acts, and that some of those images involved sadistic conduct.

Assistant United States Attorneys Lisa G. Johnston and Jennifer Rada Herrald handled the prosecution.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by 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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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that another defendant indicted for his role in a major, multi-state heroin and fentanyl distribution network pled guilty today to a federal drug conspiracy charge.  Lonnie Berry II, 43, of Huntington, entered his guilty plea to the indictment charging him with conspiracy to distribute heroin.  To date, 9 of the 15 defendants that were charged in the federal indictment in connection with the Peterson drug trafficking organization have entered guilty pleas.  Stuart commended the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West. 

“Huntington has paid too high a price due to the chaos and despair wrought by out of state drug dealers,” said United States Attorney Mike Stuart.  “Another guilty plea by a defendant in the Peterson DTO that was taken down in Operation Saigon Sunset.  We arrested them.  We detained them behind bars pending trial.  And now they are staying behind bars and off our streets. It is easy to believe there is a revolving door – arrest them today and they are on the streets tomorrow – but that is simply not true in federal cases. We are working hard with our local, state and federal partners to ensure a safer and more vibrant City of Huntington.”

Berry admitted that between October 2017 and April 2018 he conspired with Willie Peterson, also known as “Chill,” and Manget Peterson, also known as “Money,” to distribute heroin in Huntington.  Berry admitted that he sold heroin for Manget Peterson on a daily basis in Huntington.  Berry faces up to 20 years in federal prison when he is sentenced on December 10, 2018.

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

 

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HUNTINGTON, W.Va. – A New York man who illegally possessed firearms in Cross Lanes last year pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart.  Andre Durrell Watson, 33, entered his guilty plea to prohibited possession of a firearm by a felon.  U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation and the United States Postal Inspection Service.

“Yet another felon in possession of a gun,” said United States Attorney Mike Stuart.  “For some reason these felons simply can’t figure it out.  We are committed to making our communities safer and as part of our efforts to prevent violent crime we are vigorously prosecuting prohibited persons that possess guns.” 

In May and June of 2017, Watson was living at 5035 St. Patrick Circle in Cross Lanes.  Agents executed a search warrant at the residence on June 1, 2017, and recovered four firearms along with a large quantity of ammunition.  Watson admitted during his plea hearing that he possessed the firearms, a .40 caliber pistol, a 9mm pistol, and two 5.56mm AR-15 style rifles.  Watson also admitted that the .40 caliber pistol was previously stolen.  Watson was convicted in 2005 in Philadelphia, Pennsylvania of the felony offense of burglary and was prohibited from possessing firearms by virtue of his conviction. 

Watson faces up to 10 years in prison when he is sentenced on December 10, 2018. 

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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CHARLESTON, W.Va. – The final four defendants implicated in a federal heroin conspiracy were sentenced today, announced United States Attorney Mike Stuart.   Stuart commended the collaborative investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Parkersburg Drug Task Force, the West Virginia State Police, the Wood County Sheriff’s Department, and the Police Departments of the cities of Parkersburg, Vienna, and Williamstown.

“Teamwork. Partnership. Those two words define the cooperation of federal, state and local law enforcement in identifying, arresting, and prosecuting heroin networks like the one that’s now ‘out of business’ in Wood County,” said United States Attorney Mike Stuart.  “Drug thugs and drug traffickers are diabolical sinister forces that prey on the families and the social fabric of our communities.  We have a sense of urgency to take down every single drug network and lock up every single drug dealer as long as possible in the inn they deserve - a federal prison.” 

Debra Martin, Sirpritis Williams, and Kennedy Walker of Parkersburg were sentenced today to 96, 60, and 3 months in prison, respectively, for guilty pleas each previously entered for their involvement in a conspiracy to distribute 100 grams or more of heroin.  Heather Wells received a sentence of probation for five years.

All four defendants previously admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. The group was responsible for distributing between one and three kilograms of heroin.

Assistant United States Attorney John Frail is in charge of the prosecutions. The plea hearings were held before United States District Judge Joseph R. Goodwin.

 

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HUNTINGTON, W.Va. – A Detroit man who was caught with a firearm after a bar fight in Huntington in April of 2013 was sentenced today to 30 months in federal prison, announced United States Attorney Mike Stuart.  James Anthony Mitchell, 25, previously pled guilty to prohibited possession of a firearm by a felon.  U.S. Attorney Stuart commended the investigative efforts of the Huntington Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.

“What do you call a felon from Detroit with an illegal firearm who gets in a bar fight in Huntington? An inmate,” said United States Attorney Mike Stuart. “Nothing good ever happens after midnight.  And nothing good happens at a bar at 3:00a.m. either.  A prior felon, this wise guy decides to travel to Huntington with a prohibited firearm and get in a fight at a bar.  Not such a wise guy after all.” 

At approximately 3:00a.m. on April 7, 2013, officers with the Huntington Police Department were dispatched to the Rehab bar located in the 1200 block of 4th Avenue in Huntington to respond to a large fight in the bar’s parking lot.  The caller also reported that an individual was injured at the scene.  When an officer arrived at Rehab, a bystander provided a description of a male who had just left the area of the fight in possession of a gun.  The officer radioed the description to other officers in the area and a separate officer observed Mitchell, who matched the suspect description, walking in front of the Greyhound bus station away from Rehab.  The officer conducted a frisk of Mitchell and located a loaded Taurus .38 caliber pistol that Mitchell had concealed in his waistband.  Officers also discovered that Mitchell had previously been convicted of multiple felony offenses, including the offense of assault during the commission of a felony in Cabell County Circuit Court, and was prohibited from possessing a firearm. 

Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by 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 Wood County man pled guilty today to child pornography crimes, announced United States Attorney Mike Stuart. Nathan Kelley entered his guilty plea to one count of distribution or attempted distribution of child pornography, and one count of possessing child pornography. Stuart commended the investigative work of the Parkersburg Police Department and the West Virginia State Police. 

“The sexual exploitation of children is disgusting,” said United States Attorney Mike Stuart. “Protecting our most vulnerable is my top priority and these horrific crimes will not be tolerated.  Child sex offenders will be prosecuted to the fullest extent of the law.”

Kelley admitted to using his phone to send images depicting child pornography through Twitter to another person on November 18, 2017, at his residence in Wood County. He also admitted to possessing about 220 images and one video depicting child pornography on December 27, 2017, also at his residence in Wood County.  He indicated that he acquired all of the images and the video from the Internet and stored them on his phone in an app called Keepsafe.  Many of the images involved prepubescent children being subjected to sexually explicit conduct.

Kelley faces at least 5 and up to 40 years in federal prison when he is sentenced on December 18, 2018.  He will also be required to register as a sex offender.

Assistant United States Attorneys Jennifer Rada Herrald and Emily Wasserman are handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.

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. – A Detroit man pled guilty yesterday to federal drug trafficking and gun crimes, announced United States Attorney Mike Stuart.  Kyle Keith Russell, 22, pled guilty to possession with intent to distribute 5 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.   Stuart praised the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT).

“Gun-toting drug dealers shouldn’t be anywhere near a college campus,” said United States Attorney Mike Stuart.  “Nothing keeps me up at night but our efforts should be keeping drug dealers up at night wondering when, not if, we’ll show up at their door to introduce or, too often, reintroduce them to the criminal justice system. I can assure you that our drug task forces, campus police, and federal, state and local law enforcement agencies are working every day with my team of prosecutors to put drug dealers behind bars and keep our schools and communities safe.”

On August 30, 2017,  an agent  with  MDENT arranged to meet Russell’s co-defendant, Baylee Gibson, of Charleston, and purchase two ounces of methamphetamine.  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.  Gibson met the agent, retrieved the buy money, and met Russell on the WVSU campus.  This was the site of  previous methamphetamine sales by Gibson with Russell as her source of supply.  Agents then executed a search warrant on a house Russell was using to store drugs near the campus.  They seized an additional 2 ounces of methamphetamine. Russell was arrested and found to have a loaded 9 mm handgun in a backpack, along with over $3700 in cash, some of which was used in the undercover buy earlier that day.

United States District Court Judge John T. Copenhaver presided over the plea hearing.  Assistant United States Attorney R. Gregory McVey handled the prosecution.

Gibson previously pled guilty and is pending sentence. Russell faces a minimum mandatory sentence of 5 to 40 years imprisonment on the drug charge and a 5 year consecutive sentence on the firearm charge.

 

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Comprehensive drug investigation resulted in convictions of nearly a dozen defendants

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that four defendants implicated in a federal heroin conspiracy were sentenced today. Stuart commended the collaborative investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Parkersburg Drug Task Force, the West Virginia State Police, the Wood County Sheriff’s Department, and the Police Departments of the cities of Parkersburg, Vienna, and Williamstown.

“Heroin - a true scourge driven by greedy dealers and addicted buyers,” said United States Attorney Mike Stuart.  “If you are a drug dealer and we catch you, I will do all in my power to lock you away as long as possible. I have no sympathy whatsoever for a drug thug that ravages addicts and weakens the social fiber of our communities. This investigation was a great team effort and we are committed to continuing to work with our law enforcement partners to lock up greedy drug dealers who prey on our citizens.”

Joseph Reeder-Shaw was sentenced to 144 months in prison and Marvin Brown, Jonathan White and Rachel Kuhn of Parkersburg were sentenced to 60 months in prison for conspiracy to distribute 100 grams or more of heroin.

All four defendants previously admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. The group was responsible for distributing between one and three kilograms of heroin.

Debra Martin,  Ralph White,  Heather Wells, and Kennedy Walker,  all co-defendants involved in the same conspiracy as the four defendants sentenced today, will be sentenced on Monday.

Assistant United States Attorney John Frail is in charge of these prosecutions. The plea hearings were held before United States District Judge Joseph R. Goodwin.

 

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CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that former West Virginia Supreme Court of Appeals Justice Menis E. Ketchum II, age 75, pled guilty to wire fraud.  The Federal Bureau of Investigation, the West Virginia Legislature’s Commission on Special Investigations, and the Internal Revenue Service—Criminal Investigation Division conducted the investigation.

“Justice Ketchum did the right thing for doing the wrong thing,” said United States Attorney Mike Stuart.  “There is no such thing as a small felony.  There is no such thing as a little bit of public corruption.  I want to praise the exemplary work of the FBI, the West Virginia Legislature’s Commission on Special Investigations, the Internal Revenue Service-Criminal Investigations, and prosecutors Anna Forbes and Phil Wright.”

Justice Ketchum served as a Supreme Court Justice from January 1, 2008 through July 27, 2018.  During that time, he admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia.  The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip.

Justice Ketchum faces up to 20 years in prison when he is sentenced on December 6, 2018.

United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.  Assistant United States Attorneys Anna Forbes and Phil Wright are handling the prosecution.

The plea agreeement can be found

here .

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BECKLEY, W.Va. – A Raleigh County teenager who stole twenty-four firearms was sentenced to federal prison, announced United States Attorney Mike Stuart.  Dillon Jackson, 19, of Beckley, was sentenced to 36 months in federal prison for stealing firearms from the premises of a person licensed to engage in the business of dealing in firearms.  Stuart commended the investigative efforts of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, and the Beckley Police Department.

“Just days before committing this crime, Jackson turned 18 years old,” said United States Attorney Mike Stuart.  “As a result, he will be spending the first few years of young adulthood in a federal prison.  Tragic.”

At his plea hearing in May, Jackson admitted that in the early morning hours of July 11, 2017, he and an accomplice, used a crow bar to break the glass door of a federally licensed firearm dealer near Fairdale, West Virginia.  Jackson admitted to entering the store with the accomplice and stealing pistols and rifles that were in the inventory of the licensed dealer.  In total, Jackson and the accomplice stole twenty-four guns. Jackson further admitted to trading the stolen guns for money and drugs.  At least one of the firearms stolen was capable of receiving a high capacity magazine. 

Assistant United States Attorneys Timothy D. Boggess and Clint Carte handled the prosecution.  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 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 Karl O’Dell, 61, a pharmacist and owner of a pharmacy in Ashland, Kentucky, pled guilty yesterday to a conspiracy to misbrand oxycodone and hydrocodone.  Stuart praised the investigation conducted by the Food and Drug Administration, the U.S. Department of Health and Human Services - Office of Inspector General, Internal Revenue Service – Criminal Investigations, the Kentucky State Police, the Kentucky Board of Pharmacy, the West Virginia State Police, and the Drug Enforcement Administration.

“West Virginia is in the midst of the worst drug crisis of our time,” said United States Attorney Mike Stuart.  “We will use every federal law available to us to hold those contributing to the opioid crisis accountable, regardless of whether they are a street dealer, cartel leader or a medical professional in a lab coat.”

O’Dell admitted that he conspired to misbrand oxycodone and hydrocodone and introduced them into interstate commerce when he manufactured compounded oxycodone and hydrocodone not for medically legitimate purposes in anticipation of prescriptions written by HOPE Clinic practitioners for their customers. O’Dell admitted that in furtherance of the conspiracy, on two separate occasions, once in July 2014 and once in August 2014, he received and filled two prescriptions for 120 oxycodone 32mg compounded capsules written by two different HOPE Clinic practitioners for two different customers.

O’Dell faces up to 1 year in prison and a $100,000 fine when he is sentenced on November 29, 2018.  In addition he has agreed to the filing of a civil complaint for over $42,000 of illegal proceeds he received as a result of the misbranding conspiracy.

Assistant United States Attorney Monica D. Coleman is handling the prosecution. United States District Judge Irene Berger presided over the plea hearing. 

 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a federal jury sitting in Charleston returned guilty verdicts following the trial of four family members from southern West Virginia.   The jury found Windel Lester, 67, his ex-wife Georgetta Lester Kenney, 42, and Windel Lester’s sons, James “Punkin” Lester, 48, and Greg Lester, 41, guilty of various charges related to an arson and insurance fraud scheme.  The guilty verdicts came after a five day jury trial before Senior United States District Judge David A. Faber.   The West Virginia Insurance Commission, the United States Postal Inspection Service, and the West Virginia State Police conducted the investigation.

“I couldn’t be more pleased with the verdict,” said United States Attorney Mike Stuart.  “Insurance fraud and arson are serious matters that cause insurance premiums to be inflated, the destruction of property, and the very real risk that good folks could die as a result. I applaud the excellent work of the investigators in this case, as well as Assistant United States Attorneys Phil Wright and Greg McVey, and the rest of my team.  We appreciate the attention of the jury in this matter.”

Windel Lester was found guilty of 17 felony charges and faces 340 years imprisonment.  James “Punkin” Lester was found guilty of 23 felony charges and faces 475 years imprisonment.  Georgetta Lester Kenney was found guilty of 7 felony charges and faces 140 years imprisonment.  Greg Lester was found guilty of 4 felony charges and faces 80 years imprisonment.  Sentencing hearings for the defendants are scheduled for December 20, 2018. 

Between April of 2012 and January of 2016, the defendants, along with others, participated in various ways in three separate but interrelated schemes involving arson, mail and wire fraud, and money laundering. Their overall purpose was to enrich themselves by fraudulently obtaining insurance proceeds on houses they intentionally burned. The houses were insured for amounts greatly exceeding their value and the value of any contents. The houses were located at Matoaka in Mercer County, Huntington in Cabell County, and Ikes Fork in Wyoming County.  

Others involved included Dudley Bledsoe, Ricky Gleason, and James Browning, all of whom pled guilty and cooperated in the prosecution of the Lester family.

 

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CHARLESTON, W.Va. -- Antonio Parnell, 42, from Detroit, Michigan, pled guilty today to being a convicted felon in possession of a firearm. Stuart praised the investigation by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).   

“Parnell was a threat to the safety of our citizens and our police officers,” said United States Attorney Mike Stuart.  “That’s why I am committed to locking up persons who ignore federal gun laws away from our communities.”

On April 14, 2018, Parnell got into a violent altercation with two victims and with officers from the Charleston Police Department. Parnell had a firearm in his possession that he threw when the officers approached him.  He was arrested and has been in custody since that day.  Parnell has three felony convictions under three different names.  He faces up to ten years in prison when he is sentenced on December 5, 2018.

United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.  Assistant United States Attorney Steve Loew is handling 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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Beckley, W.Va. – United States Attorney Mike Stuart announced today that a Beckley man was sentenced to 12 months in prison on a federal firearm charge.  Jeffrey Alpaugh, 47, pled guilty in April to dealing firearms without a license.  Stuart commended the efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley Police Department.

“This is how guns get into the wrong hands,” said United States Attorney Mike Stuart.  “Alpaugh was selling guns without a license. Criminals get their guns from guys like Alpaugh.  To ensure public safety, this United States Attorney will aggressively enforce federal firearms laws to keep bad guys from using those guns to hurt good people.” 

Alpaugh admitted that from in or about February 2017, to on or about October 30, 2017, at or near Beckley and elsewhere, he willfully engaged in the business of dealing firearms without a license.  Specifically, during that time frame he offered firearms for sale at flea markets and gun shows in Raleigh and Monroe Counties on almost a weekly basis.  At all relevant times, Alpaugh was not licensed under the provisions of Chapter 44 of Title 18 of the United States Code as a manufacturer, importer, or dealer in firearms.  On October 30, 2017, ATF agents executed a search warrant at Alpaugh’s home and seized 152 firearms and thousands of rounds of ammunition.  Any and all such firearms and ammunition will be forfeited and abandoned by him as set out in the plea agreement. 

United States District Judge Irene Berger imposed the sentence.  Assistant United States John File handled 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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HUNTINGTON, W.Va. – Four more individuals indicted for their roles in a major, multi-state heroin and fentanyl distribution network pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart.  To date, 8 of the 15 defendants charged in connection with the Peterson drug trafficking organization have entered guilty pleas.  Stuart commended the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West. 

“The Peterson drug trafficking organization operated for years, selling deadly drugs in Huntington,” said United States Attorney Mike Stuart.  “This is, however, not a time to celebrate. We need to ramp up our efforts, take back our streets, and send the drug thugs packing for good.  Our good citizens have had enough, been terrorized enough, and their anger and determination fuels my efforts.” 

Manget Peterson, also known as “Money,” 45, from Detroit, entered his guilty plea to the indictment charging him with conspiracy to distribute 100 grams or more of heroin and a quantity of fentanyl.  Peterson admitted that between August 2017 and April 2018 he conspired with individuals to distribute heroin and fentanyl in Huntington, West Virginia.  Peterson admitted that he obtained heroin from Willie Peterson, also known as “Chill,” in Detroit to sell in Huntington and would send drug proceeds to Willie Peterson.  Peterson also admitted that between September 2017 and April 2018 he supplied Lonnie Berry, II with heroin to sell in exchange for money.  Peterson faces between 5 years and up to 40 years in federal prison when he is sentenced on December 3, 2018.

David Miller, also known as “John,” 26, from Huntington, entered his guilty plea to the indictment charging him with conspiracy to distribute heroin and fentanyl.  Miller admitted that between August 2017 and April 2018 he conspired with Willie Peterson, also known as “Chill,” and Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia.  Miller admitted that he would travel to Detroit to obtain heroin and fentanyl and then return to Huntington to sell the heroin and fentanyl.  As part of the plea agreement, Miller admitted that in March 2018 he traveled to Detroit and purchased fentanyl and cocaine.   Michigan State Police conducted a traffic stop on Miller and recovered 195 grams of fentanyl and 27 grams of cocaine.  Miller admitted he intended to transport the substances to Huntington to sell.  Miller faces up to 20 years in federal prison when he is sentenced on December 3, 2018.

Silas Pardue, 34, and Ashley Pardue, 33, from Barboursville, entered guilty pleas to the indictment charging them with conspiracy to distribute heroin. 

Silas Pardue admitted that between August 2017 and April 2018 he conspired with individuals to distribute heroin in Huntington.  As part of his plea agreement, Silas Pardue admitted that Manget Peterson, also known as “Money,” supplied him with heroin to use or to sell.  Pardue admitted to selling heroin to a male in January 2018 at the WalMart on Route 60 in Huntington. 

Ashley Pardue admitted that between August 2017 and March 2018 she conspired with Manget Peterson, also known as “Money,” to distribute heroin in Huntington.  As part of her plea agreement, Ashley Pardue admitted that Manget Peterson, also known as “Money,” supplied her with heroin to use or to sell.  Pardue admitted to selling heroin to a female in January 2018 at the WalMart on Route 60 in Huntington. 

Silas and Ashley Pardue both face up to 20 years in federal prison when sentenced on December 3, 2018.

This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.   The plea hearings were held before United States District Judge Robert C. Chambers.  Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.

 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Teresa Emerson, 59, of Bristol, Virginia, pled guilty today to aiding and abetting obtaining a controlled substance by fraud. Stuart praised the investigation conducted by the U. S. Department of Health and Human Services Office of Inspector General (OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.  

“It’s tragic to think that any medical professional would continue to write prescriptions with no legitimate medical purpose to individuals suffering from addiction,” said United States Attorney Mike Stuart.  “I will use every available resource to combat the opioid epidemic which has caused so much death, despair and devastation throughout West Virginia.  This includes holding medical professionals accountable when they violate federal laws designed to protect the health and safety of patients.”

Teresa Emerson worked as a licensed family nurse practitioner at the HOPE Clinic in Wytheville, Virginia, where she was authorized to write prescriptions for controlled substances for legitimate medical purposes in the usual course of professional practice. Emerson admitted that on February 4, 2015, while working at the clinic, she signed a prescription for 145 oxycodone compound 32mg to patient J.W. that was not for a legitimate medical purpose. Emerson admitted that she simply signed the prescription for what J.W. had previously been prescribed and intentionally ignored the fact that J.W. had at least three abnormal drug screens, including testing positive for drugs she had not been prescribed and testing negative for drugs that she was prescribed.  Emerson further admitted that J.W.’s chart reflected that she had admitted to getting drugs off the street and during one of her visits, a staff member noted “track marks on her right arm.” During the plea hearing, Emerson admitted that despite these “red flags” she did not discuss the possibility of addiction with J.W. and that J.W.’s medical records did not support the initial prescription for pain medicine or any of the subsequent prescriptions for pain medicine. Emerson admitted that J.W. filled a prescription for oxycodone she provided to J.W. on February 4, 2015  at a pharmacy in Gilbert, Mingo County, West Virginia.  J.W. has since admitted to being an addict and seeking the pills from HOPE Clinic for the purpose of feeding her addiction.

Emerson faces up to four years in prison when sentenced on November 29, 2018 and she has also agreed to surrender her DEA registration.

Assistant United States Attorney Monica D. Coleman and Steven I. Loew are handling the prosecution. United States District Judge Irene Berger presided over the plea hearing. 

 

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HUNTINGTON, W.Va. – Three individuals indicted for their roles in a major, multi-state heroin and fentanyl distribution network pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart.  The federal indictment also charged nine other individuals involved in the Peterson drug trafficking organization (DTO) with conspiracy to distribute heroin and fentanyl.  Additional Peterson DTO defendants were arrested and charged in Detroit.  Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

“Just as I promised, we will do everything in our power to detain and keep detained those we arrest for drug trafficking and violent crimes,” said United States Attorney Mike Stuart.  “These members of the Peterson DTO that were arrested during our raid were detained and have been incarcerated since that time.  It is our hope and prayer that these drug traffickers remain behind bars, away from our families, out of our communities, and stay that way until they are sentenced in this matter.”

Luther Peterson, also known as “Mook,” 24, from Detroit, entered his guilty plea to the indictment charging him with conspiracy to distribute heroin.  Peterson admitted that between October 2017 and April 2018 he conspired with Willie Peterson, also known as “Chill,”  and Manget Peterson, also known as “Money,”  to sell heroin in the Huntington, West Virginia area.  As part of the plea agreement, Peterson admitted to distributing heroin to a confidential informant in October 2017.     

Lawrence Sykes, Jr., also known as “Boog,” 26, of Huntington, entered his guilty plea to the indictment charging him with conspiracy to distribute heroin and fentanyl.  Sykes admitted that between August 2017 and April 2018 he conspired with Manget Peterson to sell heroin in the Huntington, West Virginia area.  As part of the plea agreement, Sykes admitted to distributing approximately 28 grams of fentanyl to a confidential informant in November 2017.   

Charles Graves, also known as “Bo,” 46, also from Huntington, entered his guilty plea to the indictment charging him with conspiracy to distribute heroin.  Graves admitted that in January and February 2018 he conspired with Manget Peterson, also known as “Money,” to sell heroin in the Huntington, WV area.  As part of the plea agreement, Graves admitted to distributing heroin to a confidential informant in February 2018.   

Peterson, Sykes and Graves each face up to 20 years in federal prison at sentencing.  Peterson is scheduled to be sentenced on November 19, 2018.  Sykes and Graves are scheduled to be sentenced on November 26, 2018.

Terrell Redd, 43, of Huntington previously pled guilty to the indictment which charged him with conspiracy to distribute heroin.  He is scheduled to be sentenced on November 19, 2018 and also faces up to 20 years in prison.

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

 

PROJECT HUNTINGTON DEFENDANT PLEADS GUILTY TO FEDERAL GUN CRIME

 

HUNTINGTON, W.Va. – A Huntington man that was arrested as part of Project Huntington pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart.  Jordan Rashaun Jeter, 27, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Jeter admitted that in the early morning hours of February 11, 2018, he ran out of Rehmy’s Bar on 4th Avenue in Huntington while carrying a Taurus, Model PT111 G2, 9mm pistol. He further admitted that he threw the gun on the ground in front of a vehicle in the area of the 400 block of 5th Street. A Huntington police officer saw Jeter and ordered him to get on the ground until he could secure the firearm. In a search incident to arrest, officers located approximately 1.7 grams of marijuana in Jeter’s pocket. Jeter was prohibited from possessing any firearm under federal law because of a 2011 conviction in the United States District Court for the Southern District of West Virginia for distribution of 28 grams or more of crack and a 2016 conviction in Wayne County Circuit Court for attempt to deliver cocaine.

Jeter faces up to 10 years in federal prison when he is sentenced on November 26, 2018.

Assistant United States Attorney Clint Carte is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea 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.

 

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HUNTINGTON, W.Va. – A Mason County felon who possessed a firearm in March 2017 was sentenced today to 43 months in federal prison, announced United States Attorney Mike Stuart.   Stuart commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mason County Sheriff’s Department for their investigative efforts.

“Multiple felony convictions and in possession of a gun while serving home confinement,” said United States Attorney Mike Stuart.  “The work of ATF and our state and local law enforcement partners is critical in getting dangerous felons like Potter off the streets.”

James S. Potter, II, 38, previously admitted that on March 29, 2017, he possessed a firearm while being on home confinement in Mason County.  Potter was prohibited from possessing any firearm under federal law because of multiple felony convictions.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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 Joshua Hicks, 35, of Charleston, pled guilty today to being a felon in possession of a firearm and possession of counterfeit U.S. currency.  Stuart praised the investigation conducted by the St. Albans Police Department, the United States Secret Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“On a daily basis, federal investigative agencies work in partnership with our state and local law enforcement personnel to protect the citizens of West Virginia,” said United States Attorney Mike Stuart.  “Their tireless efforts remove repeat offenders like Hicks from our communities and put them behind bars.”

Hicks admits that he possessed a Glock, .40 caliber pistol on January 29, 2018 in St. Albans.  He had previously purchased the gun from an acquaintance and had it in his vehicle when he was stopped by an officer with the St. Albans Police Department.  Hicks further admitted to possessing an assault rifle and a derringer pistol.  Hicks has several prior felony convictions.  Law enforcement officers searched his bedroom and found counterfeit currency he had purchased on the internet and then washed and manipulated to make it look more real so he could pass it off as genuine currency.

Hicks faces up to ten years in prison on the gun charge and up to 20 years in prison for possession of counterfeit U.S. currency when sentenced on November 29, 2018.

Assistant United States Attorney Steve Loew is handling the prosecution. United States District Judge Irene Berger presided over the plea 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.

 

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Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BLUEFIELD, W.Va. –  Three more defendants were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart.  James Rodney Staples, 39, of Woodbridge, Virginia, was sentenced to 151 months, or 12 years and 7 months, in federal prison.  Karl Funderburk, 32, of Teays Valley, and George Brockman II, 38, of Montgomery, were sentenced to federal prison for 60 months and 108 months, respectively.    

Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“I cannot say enough about the outstanding work of our law enforcement partners,” said United States Attorney Mike Stuart.  “This was a complex, long-term investigation of a significant drug trafficking organization that was wreaking havoc in southern West Virginia.  As a result of the tireless efforts of our law enforcement officers, this drug business has been shut down.”  

James Rodney Staples previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 5 kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  At the plea hearing Staples admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, cocaine base, also known as “crack,” and heroin.  Staples admitted that Velarian Carter, another co-defendant in this case, requested his help in operating the drug trafficking organization while Carter was incarcerated on other drug charges.  Staples admitted he paid other members to assist him in distributing the controlled substances and to collect money acquired through the illegal drug trafficking.  As part of the agreement, Staples agreed to the forfeiture of $50,000, which represented proceeds of his illegal drug trafficking activity. 

Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime.  At his plea hearing Funderburk admitted that between August 2016 and March 1, 2017, he assisted Velarian Carter, Detria Carter, and others, in operating a drug trafficking organization. Funderburk also admitted that on March 1, 2017, he was arrested in Charleston, and during a subsequent search, police discovered that he possessed cocaine, crack, and methamphetamine. Funderburk also possessed a Glock 27, .40 caliber, semi-automatic pistol, that he admitted was used for protection of his drugs and drug proceeds.

George E. Brockman, II previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone.  At the plea hearing, Brockman had admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of heroin, cocaine, and oxycodone.  Brockman further admitted that he obtained over 100 grams of heroin from another co-defendant in this case, and intended to distribute the heroin in the southern district of West Virginia.  Brockman also admitted that due to quality issues, he requested another co-defendant, James Rodney Staples, to exchange the heroin for cocaine, which he also planned to distribute in the southern district of West Virginia.  Brockman was working with other members of the drug trafficking organization to obtain a kilogram of heroin and approximately 2000 oxycodone tablets to distribute around Fayette County.  On June 28, 2017, pursuant to searches performed by law enforcement, police officers recovered 84.49 grams of heroin from a truck that Brockman possessed and over $124,000 that Brockman admitted were drug proceeds.  $115,000 of that money was found in the trunk of a 2008 Ford Mustang GT500.  Brockman has agreed to forfeit the cash as well as the Ford Mustang.  As part of the plea defendant further agreed to the forfeiture of a 2016 Chevrolet Corvette. 

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

Shaun Givens is the sole defendant that is still awaiting sentencing.  Givens faces at least five years and up to 40 years in federal prison when he is sentenced on August 27, 2018. 

Several defendants in this case have already been sentenced.  Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization.  His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison.  He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively.  Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.

David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison.  Jonathan O. Brockman, the brother of George E. Brockman, II, of Kimberly, Fayette County, was sentenced to nine years in federal prison.  Coleman, Carter, Staples and Brockman were also sentenced by Senior Judge David A. Faber. 

 

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HUNTINGTON, W.Va. – A Kansas man who was caught with crystal methamphetamine and a firearm in Hurricane in November of 2017 was sentenced today to 132 months, or 11 years, in federal prison, announced United States Attorney Mike Stuart.  Bunthia Can Thach, 39, previously pled guilty to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.  U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hurricane Police Department.

“Patrolling our highways is inherently dangerous, because law enforcement officers never know what they are going to face when they approach a car,”  said United States Attorney Mike Stuart.  “I’m so grateful for the brave men and women that do this work.  They take dangerous drug dealers like Thach off our streets.”

Around midnight on November 10, 2017, an officer with the Hurricane Police Department observed a vehicle parked just off the Interstate 64 exit ramp at Hurricane.  The officer noted the vehicle had Kansas registration plates, was not running, and approached the vehicle to see if it contained a stranded motorist.  The officer located Thach and another individual in vehicle.  The officer also observed that Thach was wearing a gun holster and saw a loose bullet in the floorboard of the vehicle.  Thach subsequently told the officer he hid a handgun under the passenger seat when the officer was approaching the vehicle.  Officers then recovered a loaded Glock .45 caliber handgun with a 30-round extended magazine from under the seat.  Officers also located approximately 54 grams of methamphetamine from a bag in the rear of vehicle. 

Thach admitted that he traveled from Kansas to purchase a large quantity of marijuana which he was going to transport to North Carolina.  Thach further admitted that he intended to sell the methamphetamine and that he brought the handgun from Kansas for protection during the trip.  Officers also discovered that Thach had previously been convicted of multiple felony offenses and was prohibited from possessing a firearm.

Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by 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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Defendant had two prior removals for illegally entering the United States

CHARLESTON, W.Va. –  Javier Leon Villagomez entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Villagomez,  40, of Guanajato, Mexico, faces up to 2 years in prison when he is scheduled to be sentenced on September 20, 2018. Villagomez  also faces removal proceedings at the conclusion of any sentence of incarceration.   United States Attorney Mike Stuart praised the work of the Jackson County Sheriff’s Department and Immigration and Customs Enforcement (ICE). 

“I hate terms like “zero tolerance” but, for these crimes, we absolutely mean “zero tolerance,” said United States Attorney Mike Stuart.  “We will prosecute every single one of these cases.  And for those that illegally enter this country and commit crimes of violence, their removal can’t happen fast enough.”

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.  Judge Joseph R. Goodwin presided over the guilty plea.

 

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Defendant is the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BLUEFIELD, W.Va. –  A Fayette County man was sentenced today to federal prison for his role in a drug trafficking organization, announced United States Attorney Mike Stuart. Jonathan O. Brockman, 34, of Kimberly, Fayette County, was sentenced to 108 months, or 9 years, in federal prison.   Stuart commended the joint investigation conducted by several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“Brockman was selling heroin, fentanyl, oxycodone and marijuana,”  said United States Attorney Mike Stuart.  “Deadly, deadly, deadly drugs.  And he was making bank.  Big bank.  But now, in addition to serving 9 years in a “federal inn,”  Brockman will forfeit all his illicitly gained ‘bank and bling’ to the United States and the American people.”

Brockman previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration.  He previously admitted that he worked with another member of the drug trafficking organization to purchase a kilogram of heroin for the purpose of distributing heroin in and around Fayette County.  Brockman further admitted to distributing oxycodone tablets in and around Fayette County.  Brockman also admitted that on June 28, law enforcement officers executed a search warrant at his residence and on other property.  During the search police officers recovered approximately 14 kilograms of marijuana at Brockman’s residence, 200 oxycodone tablets, and 75 tablets that contained a mixture of heroin, fentanyl, and oxycodone.  Brockman intended to distribute all of the controlled substances recovered in and around Fayette County.  Police officers also recovered over $182,000 in cash, 11 firearms, and a boat and trailer that Brockman admitted had been purchased with drug proceeds.  Brockman agreed to forfeit the cash and boat as part of his plea agreement. 

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

Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing.  James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018.  George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is also scheduled for sentencing on August 13, 2018.  He faces at least five years and up to 40 years in federal prison.

Several defendants in this case have already been sentenced.  Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization.  His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison.  He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively.  Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.

David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison.

These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

 

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a federal inmate was sentenced to 24 months in prison for possessing a weapon at the Federal Correctional Institution at Beckley.  Stuart praised the investigation conducted by the Federal Bureau of Prisons.

“Well, it’s not another shank,” said United States Attorney Mike Stuart,” but Guerrero is the latest inmate that lengthened his prison stay by possessing a weapon.” 

Richard Ray Guerrero, 33, pled guilty in April, admitting that on June 30, 2017, he possessed a weapon he had made consisting of two combination locks attached to a belt.  Staff members at the prison recovered the weapon from Guerrero following an altercation he had with another inmate.  Guerrero’s sentence will run consecutively to the sentence he is now serving.

The case was prosecuted by Assistant United States Attorney John File.  The sentence was imposed by United States District Judge Irene C. Berger.

 

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HUNTINGTON, W.Va. – A Lincoln County man pled guilty today to federal drug and gun crimes, announced United States Attorney Mike Stuart. Chad Anthony Wilson, 27, of West Hamlin, entered his guilty plea to possession with intent to distribute methamphetamine and fentanyl and possession of a firearm in furtherance of a drug crime. U.S. Attorney Stuart commended the investigative efforts of the Hurricane Police Department and the Drug Enforcement Administration.

“Another gun-toting drug dealer is off the streets,”  said United States Attorney Mike Stuart.  “We are laser-focused on prosecuting cases involving fentanyl distribution – so many West Virginians have died because of this deadly drug.”

Wilson admitted that late at night on January 8, 2018, he was sitting in his Chevy Impala, which was parked across all the dividers in the parking lot of American Inn in Hurricane. A Hurricane police officer approached the car, introduced himself, and saw a bag containing a crystal substance consistent with methamphetamine in the center console of the vehicle. When the officer asked if there were any weapons in the car, Wilson told the officer that he had a gun in the passenger seat, though he refused to hand over the weapon. A backup officer arrived shortly after and secured the gun, later identified as a Taurus, Millennium PT111, 9mm pistol.

Once the weapon was secure, officers asked Wilson if there were any more weapons or narcotics in the vehicle. Wilson told the officer about the bag in the center console. During a search of the vehicle, officers recovered that bag of suspected methamphetamine, as well as another bag containing 18.57 grams of a substance that was analyzed by a Drug Enforcement Administration laboratory and confirmed to be fentanyl.

Wilson faces up to 20 years in prison on the drug charge, followed by a consecutive term of at least five years and up to life in prison when he is sentenced on November 19, 2018.

Assistant United States Attorney Clint Carte 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. This prosecution is also part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

 

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CHARLESTON, W.Va. – A Parkersburg, West Virginia man was sentenced yesterday to federal prison for a child pornography crime, announced United States Attorney Mike Stuart.  Craig Williams, 36,  was sentenced to 37 months in prison for the felony offense of possessing child pornography. Williams was also required to serve a term of supervised release of ten years.  He is also be required to register as a sex offender.  Stuart praised the investigative efforts of the Department of Homeland Security - Homeland Security Investigations and the West Virginia State Police.

“Child predators and child pornographers are monsters and true evidence of the existence of evil.  It’s always a good day when child pornographers like Williams are put behind bars,” said United States Attorney Mike Stuart.  “We must protect our children from exploitation and abuse.”

Williams previously pleaded guilty on April 18, 2018 to possession of child pornography.  Specifically, Williams told the Court that on February 19, 2015, he possessed on his computer pictures of prepubescent minors engaged in sex acts. Williams was using a web-based chatting service to access and download child pornography photographs. Williams received the pornographic pictures over the internet while he was living in Kentucky and they were still on his computer when he moved to and was living in Parkersburg, West Virginia.  In total, Williams admitted to possessing nearly 2000 images of minors engaged in sex acts, and that some of those images he possessed involved sadistic conduct directed toward the minors in the photographs.

Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The sentencing hearing was held before United States District Judge Irene C. Berger.

This case is being 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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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that yesterday Eugene “Gene” Asbury, 70, and Natasha “Tess” Clonch, 33, of Gallipolis Ferry were each sentenced to 63 months in federal prison for conspiracy to distribute synthetic cannabinoids.  Stuart praised the investigative work of the West Virginia State Police and the United States Postal Inspection Service. 

“Asbury and Clonch were selling extremely dangerous illegal synthetics,” said United States Attorney Mike Stuart, “and making major bank from selling drugs.  I believe in holding folks accountable for their actions. In this case that means prison PLUS the $1.6 million judgment PLUS forfeiting every single asset gained through their druggie activities. Poison peddlers engage in selling drugs to make money and, when we catch them, I’ll do all I can to take every single penny.”

Asbury and Clonch pled guilty in August 2017, admitting that between July 2013 and January 2016 they had been selling Schedule I controlled substances and controlled substance analogues from a retail store they operated on Huntington Road in Mason County called “Pipes and More” or “The Scent Shop.”  The synthetics were sold under various brand names including “Earthquake,” “Heaven’s Grass,” Get Real,” “Scooby Snax,” “ Super Kush,” and “Mister Nice Guy.”

In January 2016, after making several controlled purchases of synthetics, police executed federal search warrants at the couple’s residence, “The Scent Shop,” and another of their businesses, the “Rt. 35 Adult Video and Bookstore.” Police seized more than 2.5kg of synthetics and approximately $30,000 cash.  Approximately $159,000 was seized from the couple’s bank accounts.  Financial records revealed that Asbury and Clonch purchased the synthetics from a wholesaler in California using money orders totaling more than $258,000.  The defendants admitted that they made approximately $1.6 million by selling the synthetics.

As part of their plea agreements, Asbury and Clonch agreed to forfeit $189,090 in seized money, a restored 1952 Oldsmobile, a restored 1957 Chevrolet Bel Air, unimproved real estate, and the imposition of a $1.6 million money judgment.  They admitted that these assets represented the proceeds of their drug trafficking activities.

Assistant U.S. Attorney Josh Hanks handled the prosecution.  United States District Judge Robert C. Chambers imposed the sentence.

 

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