Southern District of West Virginia

ARREST MADE IN DETROIT OF CO-CONSPIRATOR IN LARGE MULTI-STATE HEROIN AND FENTANYL DISTRIBUTION NETWORK

CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement on Friday’s arrest of Terrell Ledez Redd in Detroit:

“On Friday, June 15, 2018, Terrell Ledez Redd, a major target in the Peterson Drug Trafficking Organization (DTO), was arrested in Detroit.  Redd was one of 15 defendants charged in a federal indictment as co-conspirators in the Peterson DTO, a large, multi-state heroin and fentanyl distribution network.  Redd will be brought to Huntington where this U. S. Attorney’s Office will move to detain him pending his trial.  I am proud that my prosecutors have successfully fought for the detention of all the other defendants charged in this indictment and the revolving door is no more.

Project Huntington and Operation Saigon Sunset was a seminal event in the history of Huntington.  On April 17, 2018, a strong statement was made by a  large-scale, collaborative operation conducted by federal, state and local law enforcement agencies that we will not tolerate drug thugs and criminal elements wreaking havoc in Huntington.  Our intention was to take back the city’s streets in the interest of public safety and that’s exactly what we are doing.

Our work continues and we have much work left to do.  However, any drug thugs thinking they have escaped the net we’ve cast should be looking over their shoulder because this United States Attorney, in partnership with federal, state and local law enforcement, is willing to knock down their doors, take them into custody and prosecute them to the fullest extent of the law.”

For background information on Project Huntington and Operation Saigon Sunset, please see the press release below dated April 17, 2018.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
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TUESDAY, APRIL 17, 2018
Contact: Deanna Eder – (304) 345-2200 www.justice.gov/usao/wvs
 
MAJOR TAKEDOWN DISMANTLES MULTI-STATE HEROIN AND FENTANYL NETWORK
Project Huntington: Operation Saigon Sunset Takes At Least 450 Grams of Fentanyl – Enough to Kill More than 250,000 People -- Off Streets
Federal, State and Local Enforcement Effort Nets Related Narcotics, Violent Crime and Firearms Targets
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today a major takedown of drug traffickers and related drug networks recently indicted by a federal grand jury in Huntington, as well as other narcotics, violent crime and firearm related targets.  Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration Special Agent in Charge (SAC) Chris Evans, Federal Bureau of Investigation Assistant Special Agent in Charge (ASAC) Nick Boshears, Bureau of Alcohol, Tobacco, Firearms and Explosives Special  Agent in Charge (SAC) Stuart Lowrey, Homeland Security Investigations Assistant Special Agent in Charge (ASAC) Dave Abbate, Huntington Mayor Steve Williams, Huntington Interim Police Chief Hank Dial, West Virginia State Police Captain Mike LaFauci, West Virginia National Guard Adjutant General James Hoyer, Cabell County Prosecuting Attorney Sean “Corky” Hammers, U.S. Marshal Michael Baylous, Cabell County Sheriff Chuck Zerkle, Wayne County Sheriff Rick Thompson, Marshall University Police Chief Jim Terry and AHIDTA State Director Kenny Burner.
 
In response to a growing opiate epidemic and violent crime in southern West Virginia, United States Attorney Stuart announced the formation of Project Huntington on March 15th alongside federal, state and local law enforcement partners.  Today, in a takedown of federal and state targets, nearly 100 defendants have been targeted for arrest including the execution of Operation Saigon Sunset and related search warrants in Huntington, WV.  It is believed that today’s actions will result in the dismantling of the Peterson Drug Trafficking Organization (DTO), a major multi-state heroin and fentanyl distribution network.  In addition to the dismantling of the Peterson DTO, federal, state and local law enforcement are executing arrests for related violent elements including narcotics and firearms targets. 
 
Today’s actions break down as follows:
 

• At least 15 individuals involved in the Peterson DTO have been charged in a federal indictment in the Southern District of West Virginia with conspiracy to distribute heroin and fentanyl;
• 15 individuals involved in the Peterson DTO were indicted yesterday in Cabell County Circuit Court on state charges;
• Additional members of the Peterson DTO will be arrested and charged in Detroit;
• 13 individuals involved in narcotics and/or firearms that have been charged in federal indictments in the Southern District of West Virginia; and
• At least 48 individuals are targeted for arrest on various narcotics, violent crime, and firearms related charges at the federal or state level as determined by the circumstances of each matter.
   
  As an indication of the scale of the operation, over 200 federal, state and local law enforcement officers took part in today’s take-down effort.  The West Virginia National Guard also provided a number of personnel in a support function to the operation. 
   
  Today’s actions would not have been possible without the seamless collaboration of federal, state, and local law enforcement agencies.  The investigation was led by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West, with assistance from the Michigan State Police and the Ohio Highway Patrol.    The U.S. Attorney’s Office for the Southern District of West Virginia and the Eastern District of Michigan, as well as the Cabell County Prosecuting Attorney’s Office, worked together hand-in-hand to remove these dangerous drug traffickers from the streets of Huntington and Detroit.
   
  In conjunction with the arrest and search warrants executed in Huntington today, it is anticipated federal authorities in Detroit will soon be executing additional arrest warrants and search warrants.  Additional charges will be brought against individuals in the Eastern District of Michigan.  
   
  “Our great country has never seen drug deaths like we’re seeing today,” Attorney General Jeff Sessions said. “Under President Trump’s strong leadership, the Department of Justice has taken historic new actions to put drug traffickers in jail and keep dangerous drugs out of the wrong hands.  I want to thank all of our partners at DEA, FBI, ATF, the Marshals Service, Homeland Security Investigations, as well as our fabulous partners at the state and local levels for their hard work.  Today’s charges against at least 90 defendants will help make the people of West Virginia and Michigan safer from the threat of dangerous drugs—and they bring us one step closer to ending the opioid epidemic.” 
   
  “Today’s actions have removed from our streets enough fentanyl to kill more than 250,000 people and massive amounts of other drugs that would have wreaked havoc and misery on our good citizens.  Today is a turning point for the City of Huntington and in the war against the opiate nightmare,” said US Attorney Stuart. “Best yet, today’s actions have resulted in the destruction of a supply network, the supplier of suppliers of illicit drugs.  The peddlers of poisons like heroin and fentanyl are in the crosshairs of this Administration and law enforcement.  We still have work to do but the days of havoc, chaos and misery caused by the peddlers of illicit poisons are soon to be over.”  
   
  “Today, on tax day, the citizens of Huntington and the surrounding area got their money’s worth, said Huntington Mayor Steve Williams.  “Thanks to the coordination of our federal, state and local law enforcement agencies our city is safer.  I thank United States Attorney Mike Stuart and Major General Jim Hoyer of the West Virginia National Guard for their steadfast support.  The men and women of every law enforcement agency are owed a monumental debt of gratitude for placing their lives in harm’s way to make our families safe.”
  
  The investigation revealed that the Peterson DTO had been operating in Huntington for nearly 15 years, trafficking large amounts of heroin, fentanyl, and cocaine from Detroit to be sold in Huntington in street-level gram quantities.  In August 2017, investigators with the Violent Crime and Drug Task Force West (“VCDTFW”) executed a search warrant at Manget Peterson’s residence and an associated hotel room, where Manget Peterson’s workers were distributing heroin.  These searches resulted in the seizure of two handguns, over seventy half gram baggies of heroin ready for distribution, and other evidence of drug trafficking.  Manget Peterson’s brother, Willie Peterson, was identified as the leader and drug supplier of the organization.  Multiple sources advised that the Peterson DTO distributed kilogram quantities of heroin in Huntington, West Virginia, on nearly a weekly basis, using a network of re-distributors. 
   
  Law enforcement learned that the DEA in Detroit had opened an investigation into Willie Peterson, after a search of his residence in July 2017 resulted in the seizure of over 360 grams of fentanyl.  The DEA’s investigations in West Virginia and in Detroit have resulted in investigators seizing additional drug loads and to the identification of two of Willie Peterson’s drug suppliers in Detroit, Michigan.  As of April 3, 2018, law enforcement has seized approximately 760 grams of suspected heroin, 450 grams of suspected fentanyl, and 167 grams of suspected cocaine.  The fentanyl seized prior to today’s actions could have resulted in the death of more than 250,000 people. 
   
  This morning, Manget Peterson was apprehended in Huntington and his brother, Willie Peterson, was apprehended in Detroit. Malcolm Simmons was also arrested in Detroit this morning. 
   
  According to Chris Evans, Special Agent in Charge of DEA’s Louisville Division Office, “Today’s round-up sends a clear message to the people of Huntington and all of West Virginia:  drug traffickers who come here to destroy our communities will be aggressively pursued by DEA, in conjunction with West Virginia’s federal, state and local law enforcement components.”
   
  “ATF is committed to working with our federal, state and local law enforcement partners and the United States Attorney’s Office to reduce violent crime in Huntington,” said Stuart Lowrey, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in West Virginia and Kentucky.  “Together we will identify and investigate armed violent offenders and their illicit sources of guns.  Traffickers and triggerpullers – beware.”
   
  “We are building a collaborative approach here in Huntington,” said Interim Huntington Police Chief Hank Dial.  “Day in and day out we go after criminals who are bringing these drugs into our community and work to get people into much needed treatment.  We greatly appreciate our state and federal partnering agencies bringing their powerful resources to our community.  There is one thing the good people of Huntington and the bad people in Huntington have in common, they both deserve today.” ​ 
   
  In the Southern District of West Virginia, 15 individuals have been charged in a federal indictment with conspiracy to distribute heroin and fentanyl.  The investigation is ongoing and could result in additional federal and state charges in the future.
   
  Please Note:  An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
   
   
  Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

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

“I strongly commend the Administration and Attorney General Sessions for the “zero tolerance” prosecution policy at the border.  The laws of this country must be respected by those who want to enter the United States.  Line skippers undermine the administration of justice and illegal aliens are dangerous to public safety and a risk that terrorists could undermine the weaknesses inherent in our border entry system.  Re-entry by an illegal is a felony and my office prosecutes every single case one hundred percent of the time.  We are supposed to enforce the laws of the United States and my office does every day. Prosecutors should not pick and choose the laws they enforce.   If you cross the border unlawfully and make your way to the southern district of West Virginia, we will prosecute you to the fullest extent of the law.    That is what the law calls for and that is what we shall do.  It’s dangerous to cross the border illegally and bringing children along for the trip is even more dangerous.  We take violations of American law extremely seriously and intend to enforce the law in defense of public safety and American citizens.”

Please see the remarks below of Attorney General Jeff Sessions addressing recent criticisms of zero tolerance and separating families made by church leaders.

 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 
 
 
 

 

 

FOR IMMEDIATE RELEASE

THURSDAY, JUNE 14, 2018

ATTORNEY GENERAL SESSIONS ADDRESSES RECENT CRITICISMS OF ZERO TOLERANCE BY CHURCH LEADERS

Fort Wayne, IN

First- illegal entry into the United States is a crime—as it should be. Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained them for the purpose of order.

Remarks as prepared for delivery

Thank you, Tom for that kind introduction; thank you for your eight years of service to the Department of Justice, and congratulations on your appointment as United States Attorney.

Thank you to the Fort Wayne Rotary Club, the Fort Wayne Business Forum, the Allan County Bar Association—and most of all thank you to law enforcement officers from the federal, state, and local levels.

Thank you all for being here. 

It is good to be back in the Hoosier state.  On my previous trip, I enjoyed being with your dedicated and professional Attorney General Curtis Hill as we explored the 10 Point Coalition neighborhood.

This is an exciting and important time. We have an historic opportunity to—finally—fix an immigration system that has been broken for decades.

The American people have been begging and pleading with our elected officials for an immigration system that is lawful and that serves our national interest—one that we can be proud of.  There is nothing mean-spirited about that.  They are right, decent and just to ask for this.

But for more than a decade now, the elites and Washington insiders have prioritized the interests of certain corporate interests and activist groups over what is best for the American people.

Beginning in 2009, the previous Administration released most aliens apprehended at the border who requested asylum into the United States with a document asking them to show up for a hearing at some later date.    Word spread quickly that by asserting a fear of returning to one’s home country, one could remain in the United States.

The results are just what one would expect.  The number of illegal entrants has surged. Asylum claims skyrocketed, and the percentage of meritorious asylum claims— those actually granted— declined.

That’s because the vast majority of the claims are not valid.  For the last five years, only 20 percent of claims have been found to be meritorious after a hearing before an Immigration Judge. In addition, some fifteen percent are found invalid by during the initial screening by the U.S. Citizenship and Immigration Service.

In addition, in 2009, the Department of Homeland Security reviewed more than 5,000 initial asylum screenings.  By 2016, only seven years later, that number had increased to 94,000.  The number of these aliens placed in immigration court proceedings went from fewer than 4,000 to more than 73,000 by 2016—nearly a 19-fold increase.

This cannot continue.

Compounding this problem, the previous administration wouldn’t prosecute illegal aliens who entered the country with children.  It was de facto open borders.

The results were unsurprising. More and more illegal aliens started showing up at the border with children.  To illustrate, in 2013, there were fewer than 15,000 family units apprehended crossing our border illegally between ports of entry.  Five years later, it was more than 75,000—a five-fold increase in five years.  It didn’t even have to be their child—it could be anyone.  You can imagine the horrible abuses that resulted.

The open borders, pro-amnesty crowd encouraged that—and they have the gall to attack those of us who want to end this lawlessness and the dangers these children face.

And then there was the time that President Obama used his pen and phone to do something he said he couldn’t legally do.  In July 2012—a few months before he was up for re-election—President Obama announced that he would give legal status to 800,000 illegal aliens—along with work authorization and other benefits, like Social Security.  Congress had rejected this proposal on multiple occasions—but President Obama did it anyway.

Again, the result was not a surprise: the number of unaccompanied alien children arriving at our border nearly doubled in one year.  The next year, it doubled again. 

That could hardly be a coincidence.  The President had sent the wrong message.  Criminal networks spread the lie that kids could get amnesty.   As a result, tens of thousands of vulnerable children made the dangerous journey North—with terrible humanitarian consequences.

And then, in 2014, the Obama Administration doubled down and attempted to expand its unlawful amnesty to any illegal alien here since 2010. 

Towards the end of the last administration, prosecutions for illegal entry and reentry both declined, and sanctuary policies were encouraged, eroding relationships with state and local law enforcement officers that had taken decades to build.

Sanctuary policies are when cities or states refuse to cooperate with federal immigration enforcement.  If they’ve got somebody in custody who is wanted for deportation—they release them back into the community.  At their root, they are a rejection of all immigration law.  If you won’t deport somebody who came here illegally and then committed another crime—then who will you deport? 

Meanwhile in Congress, efforts to end illegal immigration have been blocked at every turn.  Any law enforcement policies are attacked by open borders radicals and well-paid lobbyists.

Every time something is proposed that would end illegal immigration, it gets blocked.  If it works, it gets blocked.  If it doesn’t work—if it won’t end illegal immigration—then the elites and the Washington insiders are all for it.

Eric Holder—my predecessor as Attorney General of the United States—supports sanctuary laws.  Here is his legal defense of sanctuary policies: “states have the power over the health and safety of their residents and the allocation of state resources.”  That’s it.  It’s almost a non sequitur.  The question is whether cities and states have the right under the Constitution to actively undermine the supreme law of the land—a question that has been settled repeatedly in the negative since 1819.

Our elites—who seem to think that they are also our betters—don’t like our immigration system; they know they don’t have the votes to change it—and so they have willingly embraced illegality.  It is outrageous.

But the Trump administration is working to restore legality to the system and undo the damage that was done in the Obama years.

Unfortunately there has been a lot of misinformation out there on what we at the Department of Justice are doing.  The reports have been so wrong that some people might even call it “fake news.”

So let me clear a few things up.

Yes, we are pursuing a “zero tolerance” prosecution policy at the border.

Under the laws of this country, illegal entry is a misdemeanor.  Re-entry after having been deported is a felony.

Under the law, we are supposed to prosecute these crimes.  Accordingly, I have ordered our prosecutors to pursue 100 percent of the illegal entries on the Southwest border that DHS refers to us.

If you cross the Southwest border unlawfully, then the Department of Homeland Security will arrest you and the Department of Justice will prosecute you.  That is what the law calls for—and that is what we are going to do.  Having children does not give you immunity from arrest and prosecution.  It certainly doesn’t give immunity to American citizens.

However, we are not sending children to jail with their parents.  The law requires that children who cannot be with their parents be placed in custody of the Department of Health and Human Services within 72 hours. 

We currently spend more than $1 billion a year in taxpayer dollars taking care of unaccompanied illegal alien minors.  Most are in HHS custody.  They are provided food, education in their native language, health and dental care, and transported to their destination city—all at taxpayer expense.

It should be noted the perils to which these parents subject their children.  Hundreds of aliens die every year trying to make it to the border to illegally enter this country.  In many cases, children are trafficked, abused, or recruited by criminal gangs.  No one should subject their child to this treacherous journey—and yet the open borders lobby encourages it every day.

But the Trump administration is ending the Obama-era incentives to bring children here illegally.  Last September, the Trump administration ended DACA.  We agree with President Obama: he didn’t have the legal authority to give any legal status to illegal aliens without Congress.  That’s why this unlawful policy is over.

And now that DACA is over, the criminals can’t spread the lie that kids can get amnesty.

Our policies are discouraging people from making children endure that treacherous journey.  Everything the open borders lobby is doing is encouraging that and endangering these children.  It’s that simple.

There’s only one way to stop this and that is for people to stop smuggling children.  Stop crossing the border illegally with your children.  Apply to enter lawfully.  Wait your turn.

We have also returned the asylum process to what Congress intended it to be.

If you don’t meet the requirements for asylum in this country, then you do not receive asylum here.  That should not be a controversial idea.

Let me take an aside to discuss concerns raised by our church friends about separating families. Many of the criticisms raised in recent days are not fair or logical and some are contrary to law.

First- illegal entry into the United States is a crime—as it should be. Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained them for the purpose of order.

Orderly and lawful processes are good in themselves and protect the weak and lawful.

Our policies that can result in short term separation of families is not unusual or unjustified. American citizens that are jailed do not take their children to jail with them. And non-citizens who cross our borders unlawfully —between our ports of entry—with children are not an exception.

They are the ones who broke the law, they are the ones who endangered their own children on their trek. The United States on the other hand, goes to extraordinary lengths to protect them while the parents go through a short detention period.

Please note, Church friends, that if the adults go to one of our many ports of entry to claim asylum, they are not prosecuted and the family stays intact pending the legal process.

The problem is that it became well known that adults with children were not being prosecuted for unlawful entry and the numbers surged from 15,000 in 2013 to 75,000 four years later. That policy was a declaration of open borders for family units.

Importantly, children are far more at risk attempting entry in remote areas.

I have given the idea of immigration much thought and have considered the arguments of our Church leaders. I do not believe scripture or church history or reason condemns a secular nation state for having reasonable immigration laws. If we have them, then they should be enforced. A mere desire to benefit from entry to the nation does not justify illegal entry. And, there are of course adverse consequences to illegal actions.

Once again, let me state that this nation has perhaps the most generous laws in the world.

My request to these religious leaders who have criticized the carrying out of our laws to also speak up strongly to urge anyone who would come here to apply lawfully, to wait their turn, and not violate the law.

Under the INA, asylum is available for those who leave their home country because of persecution or fear on account of race, religion, nationality, membership in a particular social group, or political opinion.  Asylum was never meant to solve all problems—even all serious problems— that people face every day all over the world.

You may have heard that I have “restricted” asylum eligibility or “denied” asylum eligibility to certain people.  But that’s not exactly right.

I have not made new law—I have simply restated and implemented what Congress has passed: asylum is generally not for those who have suffered a private act of violence.  It is for members of groups who are persecuted by the state or whom the state will not protect from persecution.  Members of those groups cannot go somewhere else in their home country.  Most victims of private crimes can.

Think about it.  There are victims of crime all over the world—1.2 million violent crimes are committed every year in this country alone.  Are all 1.2 million of these victims automatically entitled to asylum in Canada, the United Kingdom, or anywhere else they choose?

We have to make a choice: do we continue to allow the word to spread that you can come here illegally and there will be no consequences—or do we finally send the message that we enforce our laws?  In the Trump administration, we enforce the law.

There is no right or entitlement—legal or moral—to come to this country.  Immigration is a privilege that the American people have chosen to grant in certain cases.  And let me note how generous the American people are: we allow in 1.1 million legal immigrants on a path to citizenship every year.  Another 700,000 come here explicitly for jobs.  Another half a million come here to attend our universities and colleges.

But we’ve got a choice here.  We either have open borders or we have laws.  It’s one or the other.

Some people in the media have chosen to attack us for enforcing the law.  That doesn’t surprise me.  But I’m not ashamed of the United States of America.  I am not going to apologize for carrying out our laws.  That is my duty.

President Trump ran for office promising to end the illegality and to fix our system.  We are carefully and lawfully stopping the abuses in our system.

It is not a bad thing, but a good thing that President Trump is keeping his word.  We intend to follow the mandate that he has received from the people.  I embrace it.

President Trump made a generous offer to the Democrats in Congress.  He offered to give DACA recipients true legal status if we can build a wall, close the loopholes, and switch from chain migration and the visa lottery to a merit-based system.  The Democrats’ refusal of this offer is baffling.  He simply asked that they agree to a permanent solution to the problem.  Why wouldn’t you want to end the illegality?

Our goal is not radical.   What is radical is the open borders policies that have been pushed on us time and again by the elites and the Washington insiders.

Our goal is that immigrants should apply, wait their turn, and that people stop making that dangerous trek across the desert rather than coming here unlawfully.  If they meet the standards, then they can be admitted—and those standards should advance the national interest.

If we succeed in this—if we finally get a system we can be proud of—then we will start a virtuous cycle of lawfulness, safety, and prosperity.

The American people have been patient.  We have been waiting for 30 years.  They want us to seize this opportunity that we have right now.  It’s time that we finally deliver a lawful system of immigration that benefits them.

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AG

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CHARLESTON, W.Va. – A Charleston man caught selling heroin in January 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Dana Stevenson, 27, entered his guilty plea to an indictment charging him with distribution of heroin and being a felon in possession of a firearm.

“It’s Groundhog Day all over again,” said United States Attorney Mike Stuart.  “We wake up and issue a press release about a felon with a firearm.  But this isn’t Groundhog Day, it’s just another felon with a firearm who also deals drugs.”

On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from the defendant.  The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston.  The defendant provided the informant with suspected heroin.

Stevenson also pled guilty to being a felon in possession of a firearm.  On January 18, 2017, officers conducted a search warrant at his residence and recovered a Glock .40 caliber firearm.  Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.

Stevenson faces up to 30 years in federal prison when he is sentenced on September 6, 2018.

The plea hearing was held before Judge Goodwin.  Assistant United States Attorney Stephanie S. Taylor prosecuted the case.

The drug prosecution is 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 prescription drugs and heroin. 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 opiate painkillers and heroin in communities across the Southern District. 

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.

 

Follow us on Twitter: SDWVNews 

 
 
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BECKLEY, W.Va. – A Tennessee man was sentenced today for committing a federal gun crime, announced United States Attorney Mike Stuart. Marvin Dunigan, 46, of Johnson City, previously entered a guilty plea to being a felon in possession of a firearm and was sentenced to 46 months in federal prison. U.S. Attorney Stuart commended the investigation of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department.

“A convicted felon and repeat violator of federal gun laws,” said United States Attorney Mike Stuart.  “Guys like Dunigan aren’t supposed to have firearms for a reason.  He was fully aware of the prohibition and now he’ll serve almost 4 years in a federal pen because he chose not to follow the law.”

Dunigan admitted that on August 16, 2016, he possessed a Cobra Model C32, .32 caliber firearm in Beckley.  Dunigan was prohibited from possessing a firearm under federal law because of a 2010 felony conviction in the United States District Court for the Eastern District of Tennessee, his first conviction for being a prior felon in possession of a firearm.

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.

Follow us on Twitter: @SDWVNews and @USAttyStuart 
 

 
 
 
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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Department of Justice’s Place to Worship Initiative:

“America needs more faith not less.  This U.S. Attorney will protect the rights of all citizens in the public exercise of religious beliefs including worship or prayers at public events,” said United States Attorney Mike Stuart.  “I am prepared to protect the free exercise of religion including a tradition pre-game prayer.  This is a fundamental right of every American.”

Please see the press release below for more information about the Place to Worship Initiative.

 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

 

 

 

FOR IMMEDIATE RELEASE

 

WEDNESDAY, JUNE 13, 2018

DEPARTMENT OF JUSTICE ANNOUNCES PLACE TO WORSHIP INITIATIVE

WASHINGTON – The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In announcing the initiative, Attorney General Sessions provided the following statement:

“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."

The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey. 

The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.

The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey. 

Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.

More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa. 

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AG

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Defendant had a prior removal for illegally entering the United States

BECKLEY, W.Va. –  Ezequias De Los Santos-Ruiz entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Santos-Ruiz, 23, of Oaxaca, Mexico faces up to 2 years of incarceration, a $250,000 fine, supervised release for one year, and a special assessment of $100 when he is sentenced on October 3, 2018.  Santos-Ruiz also faces removal proceedings at the conclusion of any sentence of incarceration.   United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE). 

“It’s simple,” said United States Attorney Mike Stuart.  “If you cross the border illegally and are found in our jurisdiction, we will prosecute you.”

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.

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

 

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BECKLEY, W.Va. – A Beckley convicted felon pled guilty today to federal drug and gun charges, announced United States Attorney Mike Stuart. Anthony Harvey, 42, of Beckley, West Virginia, entered his guilty plea to distributing a quantity of methamphetamine and being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley Police Department.

“Recidivism is a real problem,” said United States Attorney Mike Stuart.  “With two previous felony convictions prohibiting him from possessing guns, Harvey continues to break the law -- by possessing firearms and selling methamphetamine.  Now he faces significant time behind bars.” 

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

Harvey faces up to 30 years in federal prison when he is sentenced on October 3, 2018.

United States District Judge Irene C. 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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She stole over 183,000 dollars between 2010 and 2014 from Charleston Building and Construction Trades Council

CHARLESTON, W.Va. – A South Charleston woman pled guilty yesterday to the felony offense of embezzlement and theft of labor union assets, announced United States Attorney Mike Stuart.  Joan Matthews, 70, faces up to five years imprisonment, a $250,000 fine, 3 years of supervised release and a $100 special assessment when she is scheduled to be sentenced on September 11, 2018.  She will also owe restitution in an amount up to $183, 667.11.  U.S. Attorney Stuart commended the  investigative efforts of the United States Department of Labor, Office of Labor-Management Standards.

“Matthews used her position to steal from her employer for four years,” said United States Attorney Mike Stuart.  “My Office takes cases like this very seriously and we will prosecute embezzlers to the fullest extent of the law.” 

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

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
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CHARLESTON, W.Va. – A Putnam County man was sentenced to federal prison on drug and firearm charges, announced United States Attorney Mike Stuart.  Malcolm Hodges, 25, previously entered guilty pleas to illegally possessing a firearm, and possessing and intending to distribute methamphetamine.  Hodges was sentenced to a total of 78 months in prison – 18 months on the firearms charge, and 60 months on the methamphetamine charge.  U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Dunbar Police Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

“Unfortunately, Hodges’ previous state conviction didn’t deter him from criminal activity,” said United States Attorney Mike Stuart.  “Hopefully, after spending over 6 more years in federal prison, he will make better choices.”   

Hodges, a convicted felon, admitted that on September 1, 2016, he fled a DUI checkpoint in Teays Valley, and that he had a .45 caliber revolver in his possession at the time.  Hodges is prohibited from possessing any firearms under federal law because of a 2013 felony conviction for wanton endangerment with a firearm in the Circuit Court of Kanawha County. 

Hodges also admitted that on April 23, 2017, he threw 72 grams of methamphetamine out of the passenger-side window of his car after a Dunbar Police Department officer attempted to pull him over for a traffic violation.  The methamphetamine was quickly recovered, along with a large amount of cash from Hodges’ vehicle and person. 

Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge Robert C. Chambers  handed down 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.

Follow us on Twitter: SDWVNews and USAttyStuart 

 
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HUNTINGTON, W.Va. – A Huntington woman was sentenced yesterday to six months in federal prison, followed by three years of federal supervised release with the first six months to be served on home confinement, for her role in a pain pill conspiracy interrupted by police, announced United States Attorney Mike Stuart.  Lorie A. Mayhon, 43, previously pled guilty to conspiracy to distribute oxycodone in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration (DEA) and the West Virginia State Police.

“Great work by DEA and the West Virginia State Police to intercept these pills before they were distributed throughout Huntington,” said United States Attorney Mike Stuart.  “We’re working hard every day to lock up drug dealers that have caused so much havoc in that city.”

Mayhon admitted that on September 15, 2017, she assisted in arranging the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at a residence on Collis Avenue in Huntington, where the informant met with Mayhon and codefendants Joseph Melbar and Curtis Holcomb to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills. After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington.  During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.     

Holcomb was sentenced to 57 months in federal prison and Melbar was sentenced to 24 months in federal prison for their respective roles in the conspiracy. 

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

This case was 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 prescription drugs and heroin. 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 opiate painkillers and heroin in communities across the Southern District. 

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
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HUNTINGTON, W.Va. – A Columbus, Ohio man who sold heroin and an illegal firearm in Huntington in 2016 was sentenced yesterday to 64 months in federal prison, announced United States Attorney Mike Stuart.  Jamal Marsalas Glass, 20, previously pled guilty to distributing heroin and carrying a firearm during and in relation to a drug trafficking crime in federal court in Huntington.  Stuart praised the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“As if being a drug dealer isn’t bad enough,” said United States Attorney Mike Stuart, “Glass was selling heroin and an illegal gun.  And he was armed with a firearm while conducting the sales transaction.  Getting dangerous guys like Glass off the streets of Huntington is priority number one.”

On August 25, 2016, a confidential informant contacted Glass to purchase heroin.  The informant also negotiated the purchase of a firearm from Glass.  The informant subsequently met with Glass inside an Apartment at the Marcum Terrace housing projects in Huntington.  Inside the apartment, Glass sold the informant approximately 3 grams of heroin.  Glass also sold the informant a 9mm pistol which had the serial number obliterated in violation of federal law.  Glass further admitted as part of his plea agreement that he possessed a separate .38 caliber revolver when he conduct the transaction. 

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

This case was 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 prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

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.

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
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HUNTINGTON, W.Va. –  A Branchland man who broke in a local pawn shop and stole firearms on three separate occasions pled guilty yesterday in federal court in Huntington to multiple firearms charges, announced United States Attorney Mike Stuart.  Robert Lee Reid, 23, entered guilty pleas to three counts of theft of firearms from a federally licensed firearms dealer and an additional count of possession of stolen firearms.  Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF) with assistance from the West Hamlin Police Department.

“Reid is a brazen criminal,” said United States Attorney Mike Stuart. “He stole a total of 180 guns from the same store on three separate occasions.  He, in turn, sold the majority of the stolen guns to individuals in Huntington before being caught by law enforcement.  Reid should pay a heavy price.  Those guns could end up killing innocent people or law enforcement officers.  It’s a terrible, terrible crime.”

On three separate occasions, Reid broke into Sportsmen’s Gun and Pawn located at 6440 US Route 60 in Barboursville to steal firearms.  On May 15, 2017, Reid and another individual stole a total of 164 firearms from Sportsmen’s.  The firearms were subsequently sold by Reid and another individual in Huntington.  On September 29, 2017, Reid stole an additional 6 firearms from Sportsmen’s which he sold in the Guyandotte neighborhood of Huntington.  Finally, on December 7, 2017, Reid and another individual stole a total of 10 firearms from Sportsmen’s.  Reid and the other individual were subsequently picked up in a vehicle and the vehicle was stopped in West Hamlin by a West Hamlin Police Officer.  During the traffic stop, the officer located the stolen firearms in the rear of the vehicle where Reid and the other individual were seated.

Reid faces up to 10 years in federal prison for each conviction when he is sentenced on September 10, 2018. 

Assistant United States Attorney Joseph F. Adams is handling the prosecution.  United States District Judge Robert C. Chambers presided over today’s 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.

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
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CHARLESTON, W.Va. – A Webster County woman was convicted yesterday following a two-day trial, announced United States Attorney Mike Stuart. The jury convicted Jaclyn Burkholder, 30, of conspiring to distribute methamphetamine between January and February 2017, returning its verdict late yesterday evening. The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Burkholder was the final nail in the coffin,” said United States Attorney Mike Stuart.  “This meth ring of dealers that wrought havoc in our communities and among our people has been shut down.  I applaud the excellent work of Assistant United States Attorneys Haley Bunn and Eric Bacaj and the rest of my team, as well as the investigators in this case.”

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

Burkholder faces a possible sentence of up to 20 years in prison when she is sentenced on August 30, 2018.  Assistant United States Attorneys Eric Bacaj and Haley Bunn represented the government during the trial. United States District Judge Joseph R. Goodwin presided over the trial.

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

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CHARLESTON, W.Va. – A Cross Lanes man was sentenced today to 78 months in federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Charles William Lourett, 62, previously entered his guilty plea in February to receiving child pornography. U.S. Attorney Stuart commended the investigative efforts of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, the FBI, and the FBI Violent Crimes Against Children Task Force.   

“We have a great team of investigators and prosecutors working tirelessly to identify those who use the Internet to target and exploit children,” said United States Attorney Mike Stuart.  “Sex offenders like Lourett need to be locked up.”

Lourett previously admitted that on September 22, 2016, he received a video of a prepubescent minor engaged in sex acts. The video was received on Lourett’s computer located at his residence. The investigation revealed that Lourett was using a peer-to-peer file sharing program to download, receive, and distribute child pornography. Lourett further admitted to possessing over 600 images and videos of minors engaged in sex acts.

Upon Lourett’s release from prison, he will be required to serve a term of supervised release of 15 years and will be required to register as a sex offender.

First Assistant United States Attorney Lisa G. Johnston and Assistant United States Attorney Jennifer Rada Herrald were in charge of the prosecution. The sentencing hearing was held before United States District Judge John T. Copenhaver, Jr..

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.

Follow us on Twitter: SDWVNews and USAttyStuart 

 
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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a Reading, Pennsylvania man was sentenced on drug charges in federal court.  Angel Diaz-Gibson, 26, was sentenced to 36 months in federal prison for distribution of heroin and using a telephone to facilitate the commission of a federal drug felony.  Diaz-Gibson pled guilty in March, admitting that on August 22, 2015, he distributed 148 stamps of heroin to a confidential informant in Fairlea, and that he had a telephone conversation with the informant to help set up the deal.  Each stamp is considered to be one dose of heroin.

Stuart praised the investigative work of the Greenbrier Valley Drug and Violent Crime Task Force.

“Tragically, the heroin epidemic has spread into even our small, more rural communities like Fairlea,” said United States Attorney Mike Stuart.  “My Office and our team of law enforcement partners are working hard every day to shut down drug trafficking in our communities.”

Assistant United States Attorney John File prosecuted the case.  United States District Judge Irene C. Berger presided at the plea hearing. 

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

BECKLEY, W.Va. – A Montgomery man was sentenced to federal prison on drug charges, announced United States Attorney Mike Stuart. Rory White, also known as “Dub,” 34, of Montgomery, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and a quantity of oxycodone.  White was sentenced to 125 months – 10 years and 5 months -- in federal prison.   

U.S. Attorney 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.

“More than ten years are deserved,” said United States Attorney Mike Stuart.  “In addition to White, we will continue filling up our prisons with drug dealers who care not a bit about our children and our public’s welfare.”

White previously admitted that between October 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants. During this time period, White admitted to working with Cheyenne Fragale and others to distribute heroin and oxycodone in the Fayette County area. White also admitted that he distributed approximately 5,400 thirty milligram oxycodone tablets and approximately 900 grams of heroin to Cheyenne Fragale and others. He further admitted that he knew Cheyenne Fragale and others intended to redistribute the pills and heroin. The drug trafficking organization was responsible for distributing oxycodone, methamphetamine, and heroin in and around Fayette County.

Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Five defendants have been sentenced for their involvement in the drug conspiracy.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison by Judge Berger.  Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber.  Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone.  He was also sentenced by United States District Judge Irene C. Berger.  Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018.  Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on July 2, 2018.  Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.   

Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.

Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin.  Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018. 

Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin.  He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018. 

Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine.  He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018.  James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 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.

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.  Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.

Jonathan O. Brockman of Kimberly, Fayette County, previously entered a 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.  David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone.  Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl.  Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.

Derrick L. Staples, of Charleston, entered 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 and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018.  Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.

Assistant United States Attorney Timothy D. Boggess handled the prosecutions.  United States District Judge Irene C. Berger imposed the sentence.

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.

 

Follow us on Twitter: SDWVNews  

 
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HUNTINGTON, W.Va. – A Michigan man who was caught with drugs in Huntington in 2017 was sentenced yesterday to 87 months in federal prison, announced United States Attorney Mike Stuart.  William Henry Stephens, Jr., 45, of Inkster, previously pled guilty to possession with intent to distribute 100 grams or more of heroin in federal court in Huntington. Stuart commended the work of the Huntington FBI Drug Task Force.

“Stephens was a gun-toting drug dealer peddling a wide variety of dangerous drugs,” said United States Attorney Mike Stuart.  “Putting him behind bars is yet another big win for law enforcement and our citizens.”

On June 29, 2017, members of the Huntington FBI Drug Task Force executed a search warrant at 702 Washington Avenue in Huntington. Prior to the search, investigators conducting surveillance observed Stephens coming and going from the residence and conducting what appeared to be drug transactions. During the search, investigators seized approximately 140 grams of heroin, 44 grams of crack, and a firearm.  Stephens admitted that he possessed the heroin and crack for distribution. Stephens also admitted that he possessed additional drugs, including heroin and cocaine, along with multiple firearms which seized by investigators during a separate search warrant previously executed on December 15, 2016.  As part of his plea agreement, Stephens admitted to all the drug trafficking and firearms activity charged in the indictment.

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

 

This case was brought 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 prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
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Defendant has two prior felony convictions and three prior deportations

HUNTINGTON, W.Va. – A Mexican national man pled guilty yesterday to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Eduardo Martinez-Campeano, 47, faces up to ten years of incarceration, a $250,000 fine, three years of supervised release, and a $100 special assessment when he is sentenced on September 4, 2018.  Martinez-Campeano is also subject to deportation proceedings at the conclusion of any sentence imposed. U.S. Attorney Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement.

“Two prior felony convictions. Three prior deportations.” said United States Attorney Mike Stuart.  “This is exactly why we need the wall – to stop repeat violators and those refusing to comply with our immigration system.”

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.

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

 

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CHARLESTON, W.Va. – A Detroit man was sentenced yesterday to federal prison on drug and firearm charges, announced United States Attorney Mike Stuart.  Fashawn “Chops” Cannon, 28, previously entered guilty pleas to distributing Oxycodone and using a firearm during and in relation to that crime. Cannon admitted that on November 17, 2017, he sold an Oxycodone tablet to a confidential informant in Hernshaw, West Virginia, and that he carried a Hi-Point, model C9, 9mm pistol when he made that sale.  He was sentenced to a total of 78 months in prison -- 18 months on the distribution change to be served consecutively with a sentence of 5 years, or 60 months, on the firearm charge. 

U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Kanawha County Sheriff’s Office.

“The really bad news here is that Detroit drug dealers have found the small community of Hernshaw,” said United States Attorney Mike Stuart.  “The good news is that Cannon will be spending quite a while in federal prison.   Make no mistake, our focus is district-wide when it comes to aggressively prosecuting violent, out-of-state drug dealers that bring their criminal activities into West Virginia.”   

Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr. handed down 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.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
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CHARLESTON, W.Va. -- Donavan Hardison, 28, of Charleston, was sentenced yesterday by United States District Court Judge John T. Copenhaver, Jr., to 8 months in prison for having escaped from the Dismas Charities’ halfway house in St. Albans, West Virginia.  Stuart credited the cooperative effort of the United States Marshal Service, the West Virginia State Police, the Charleston Police Department, and the Kanawha County Sheriff’s Office for Hardison’s capture.

“Our federal, state and local law enforcement officers will not stop looking for escapees until they are apprehended,”  said United States Attorney Mike Stuart.  “During Hardison’s additional 8-month stay in prison, he needs to let the other inmates know that escape attempts just aren’t worth it.” 

Hardison previously pled guilty in April admitting that he had walked away from Dismis without permission on May 16, 2017, and his whereabouts were unknown until his arrest on February 6, 2018. Hardison had been placed at Dismas by the Federal Bureau of Prisons in March 2017 to serve the remainder of his sentence for a federal drug conviction.

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CABELL COUNTY MAN PLEADS GUILTY TO PRODUCING CHILD PORNOGRAPHY

HUNTINGTON, W.Va. – A Cabell County man pled guilty yesterday to child pornography crimes, announced United States Attorney Mike Stuart. David Ray Pelfrey, 40, of Huntington, entered his guilty plea to two counts of production of child pornography.  Stuart praised the investigation conducted by the Huntington Police Department and the Federal Bureau of Investigation. 

“These crimes are horrific,” said United States Attorney Mike Stuart.  “We should all be incredibly grateful to the FBI and the Huntington Police Department for their efforts to investigate sexual predators like Pelfrey that prey on our children.  My intention is to prosecute them to the fullest extent of the law and get them locked up for as long as possible.”

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

Pelfrey faces at least 15 and up to 60 years in federal prison when he is sentenced on September 4, 2018, although pursuant to the terms of the plea agreement between the United States and Pelfrey, he will receive a sentence of 18 years in prison if the District Court accepts the agreement. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.

First Assistant United States Attorney Lisa Johnston and Assistant United States Attorney Jennifer Rada Herrald are in charge of the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

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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BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Bluefield man entered a guilty plea to a federal drug distribution charge.  Lansen Waugh, 38, pled guilty to distribution of a quantity of hydromorphone, admitting that on August 8, 2017, he distributed hydromorphone pills to a confidential informant in Princeton.  Stuart commended the investigation conducted by the Southern Regional Drug and Violent Crime Task Force.

“The Bluefield Pill Initiative continues,” said United States Attorney Mike Stuart.  “My Office, along with law enforcement partners such as the Southern Regional Drug and Violent Crime Task Force, are committed to curtailing the illegal trafficking of opioid painkillers.  Waugh now faces a significant sentence for his reckless, criminal, and dangerous conduct.”

Waugh also admitted that he sold hydromorphone pills in Green Valley and in Bluefield.  He faces up to 20 years in prison when he is sentenced on October 3, 2018.

The case is being prosecuted by Assistant United States Attorney John File.  Senior United States District Judge David A. Faber presided over the plea hearing.

 

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ON 500TH DAY OF TRUMP ADMINISTRATION, ATTORNEY GENERAL SESSIONS ANNOUNCES 311 NEW ASSISTANT UNITED STATES ATTORNEY POSITIONS

 

Southern District of West Virginia Allocated Largest Percentage Increase in New Prosecutors of any District in the Country

 Largest Percentage Increase in History of Southern District

 

CHARLESTON, W.Va. – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney Mike Stuart, Southern District of West Virginia, announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

 

“Today, I am extremely pleased to announce that the Southern District of West Virginia has been allocated a nearly fifteen percent (15%) increase in new prosecutors which represents the largest percentage increase of any district in the nation,” said U.S. Attorney Stuart. “It is not only the largest increase in the country but the largest allocation of new prosecutors in the history of the Southern District of West Virginia. It is a strong, strong endorsement of my efforts to combat the opioid crisis, violent crime, and corruption throughout southern West Virginia.”

 

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

 

“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is 'the coin of the realm.'  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”

 

In the Southern District of West Virginia, three (3) new AUSAs will focus on violent crime and one (1) on civil enforcement. At this time, no determination has been made as to whether new prosecutors will be assigned to the Bluefield, Beckley, Charleston or Huntington field offices.

“At a time of amazing economic challenge and a declining West Virginia population, one could argue for a reallocation of resources from this region to other faster-growing regions of the country,” said U.S. Attorney Stuart.  “Rather than contracting, however, Washington has taken note of our hard work and strong performance and rewarded us with a record number of new prosecutors. I appreciate Attorney General Session’s confidence very much.  We’ve developed a great partnership.  Every new prosecutor will be put to work in support of the people of our amazing state and hard-working taxpayers.”  

U.S. Attorney Stuart added, “We will use these new positions to intensify our approach to apprehending and locking up drug thugs and violent criminals, prosecuting white collar crime and public corruption, and super-charging an offensive-minded civil practice. I have been on offense since the day I got here and these new reinforcements will super-charge my efforts.”

 

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Defendants were from Guatemala and Mexico and both had  prior illegal entry convictions

HUNTINGTON, W.Va. –  Two men, Roberto Tulul-Ambrocio and Victor Santa Maria-Cleofas were both sentenced for the felony offense of Reentry of a Removed Alien, given credit for the time they spent incarcerated, and were both immediately remanded for deportation proceedings, announced United States Attorney Mike Stuart. Tulul-Ambrocio, 30, of Guatemala, has been in federal custody since January 16, 2018. Santa Maria-Cleofas, 47, had been in custody since March 15, 2018.  United States Attorney Mike Stuart praised the work of  Immigration and Customs Enforcement (ICE). 

“I embrace legal immigration,” said United States Attorney Mike Stuart.  “But we will not tolerate those who time and time again try to evade the system and enter the United States illegally.” 

On January 16, 2018, Mr. Tulul-Ambrocio, was arrested by ICE officers in Hurricane traveling to a restaurant where he worked.  The ICE agents confirmed that Tulul-Ambrocio, was not in the United States legally, and he was taken into federal custody.  Fingerprints taken from the defendant matched him to two prior removals in 2011.   He was also convicted of illegally entering the United States in Arizona.  After this conviction, Tulul-Ambrocio,  was again deported from the United States on November 25, 2011  Tulul-Ambrocio then reentered the United States without legal permission from the Secretary of Homeland Security.  Tulul-Ambrocio is a citizen of Guatemala.

On March 15, 2018, Mr. Santa Maria-Cleofas, was arrested by ICE officers in Hurricane also traveling to the same restaurant.  The ICE agents confirmed that Santa Maria-Cleofas, was not in the United States legally, and he was taken into federal custody.  Fingerprints taken from the defendant matched him to four prior removals in 2001, 2004, 2008 and 2010.  He was also convicted of illegally entering the United States in Arizona in 2010.  After this conviction, Santa Maria-Cleofas was again deported from the United States on December 1, 2010.  Santa Maria-Cleofas then reentered the United States without legal permission from the Secretary of Homeland Security.  Santa Maria-Cleofas is a citizen of Mexico.

Assistant United States Attorney Erik S. Goes prosecuted both matters.   United States District Judge Robert C. Chambers presided over the sentencing hearing.

 

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HUNTINGTON, W.Va. – A Mason County  man was sentenced today to 18 months in prison, announced United States Attorney Mike Stuart.   Conrad D. Berkley, II, 37, of Gallipolis Ferry, previously pled guilty to being a felon in possession of a firearm.  Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“It’s simple – convicted felons are prohibited from possessing guns,” said United States Attorney Mike Stuart.  “As part of Project Safe Neighborhoods (PSN), we are working with ATF and state and local law enforcement partners to identify and prosecute felons like Berkley that have chosen to ignore federal gun laws.”

On April 3, 2017, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives went to Drew’s Jewelry, Gun and Pawn in Gallipolis Ferry, West Virginia to determine if anyone had recently sold an AK-47 rifle to the store.  Agents discovered that Berkley had sold a Century Arms, model RAS 47 to the store on March 27, 2017 for $148.00.  Berkley was prohibited from possessing any firearm under federal law because of a 2007 conviction in Cabell County Circuit Court for Unlawful Wounding. 

Assistant United States Attorney Stephanie S. Taylor is responsible for the prosecution. 

United States District Judge Robert C. Chambers 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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HUNTINGTON, W.Va. – A Huntington man caught in 2017 assisting in the illegal sale of pain pills was sentenced to 24 months in federal prison, announced United States Attorney Mike Stuart.  Joseph W. Melbar, 54, previously pleaded guilty to aiding and abetting the possession with intent to distribute oxycodone in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.

“We continue to shut down drug networks in Huntington – no matter the size of the organization or whether the dealers are local or out-of-state --  one by one, we are putting them out of business,” said United States Attorney Mike Stuart. 

On September 15, 2017, Melbar helped arrange the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at Melbar’s residence on Collis Avenue in Huntington, where the informant met with Melbar and codefendants Lorie Mayhon and Curtis Holcomb to complete the transaction.  After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills.  After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.    

Holcomb was sentenced to 57 months in federal prison on May 14, 2018, after pleading guilty to possession with intent to distribute oxycodone.

Mayhon is scheduled to be sentenced on June 4, 2018, after pleading guilty to conspiracy to distribute oxycodone.

Assistant United States Attorney Joseph F. Adams is responsible for the prosecutions.  The sentence was imposed by United States District Judge Robert C. Chambers.

This case is 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 prescription drugs and heroin. 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 opiate painkillers and heroin in communities across the Southern District. 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Joseph Daniel Mills, 40, of Walker, was sentenced yesterday to 9 years in federal prison for possession with intent to distribute methamphetamine.  Stuart commended the investigative efforts of the Parkersburg Narcotics Task Force and the FBI.

Mills pled guilty in July 2017, admitting that on May 12, 2017, he possessed approximately 10 ounces of methamphetamine, 21 firearms, body armor, and scales when law enforcement officers executed a federal search warrant at his residence.

 “21 firearms.  Body armor.  Methamphetamine.  Mills was a danger to law enforcement and our good citizens and we will never tolerate risks to law enforcement or the public,” said United States Attorney Mike Stuart.  “We are aggressively prosecuting dangerous drug dealers like Mills throughout the Southern District of West Virginia, from Parkersburg to Williamson, Huntington to White Sulphur Springs and everywhere in between.” 

United States District Judge Joseph R. Goodwin imposed the sentence in federal court in Charleston.  Assistant United States Attorney Joshua Hanks prosecuted the case.

 

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that Joshua Morrison, 21, of Wayne County, was arrested on a federal complaint alleging that he sexually abused a minor.  The complaint alleges that on or about January 9, 2016, Morrison sexually abused a minor female while aboard a cruise ship in international waters.   Morrison faces up to 15 years in prison, if convicted.

“Protecting children, the most vulnerable victims, is my greatest priority. My office takes all allegations of crimes against children very, very seriously,” said United States Attorney Mike Stuart. “I will always do all in my power to bring to  justice those who victimize our children.”

The investigation is being conducted by the Federal Bureau of Investigation.  "The victimization of children can have a devastating impact for years," said FBI Assistant Special Agent in Charge Nick Boshears. "Our children are among the most vulnerable members of our community, and we must protect them any way we can. No matter where the crime occurs, we will work with partner agencies to exhaust all investigative resources to apprehend those responsible."

Assistant United States Attorney Emily Wasserman is handling the prosecution. 

 

Note:  The charge contained in the complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

 

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

“Evading arrest is a serious crime.  Aiding and abetting evasion of arrest is equally serious,” said United States Mike Stuart.  “Lamerique made an incredibly bad decision when he attempted to aid a federal defendant in evading arrest and now faces a lengthy prison term himself.”

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

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

Lamerique faces up to 20 years in federal prison when he is sentenced on August 27, 2018.

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.

This case is 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, including methamphetamine. 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 Fayette County woman was sentenced yesterday to federal prison on drug charges, announced United States Attorney Mike Stuart. Tiffany D. Ramsey, 27, of Boomer, Fayette County, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine, a quantity of heroin, and a quantity of oxycodone.  Ramsey was sentenced to 46 months in federal prison.   

U.S. Attorney 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.

“Yet another person in this Fayette County network of drug dealers is going to prison,” said United States Attorney Mike Stuart.  “Anyone that would peddle such poisons - meth, pills, heroin, fentanyl – deserves federal time and our accommodations don’t come with turn down services, a chocolate on the pillow or a Michelin rating.”

Ramsey previously admitted that between May 2017 and June 28, 2017, she took part in a drug trafficking conspiracy with multiple participants. During this time period, Ramsey admitted to working with Cheyenne Fragale and others to distribute methamphetamine, heroin, and oxycodone in and around Fayette County. Ramsey admitted that she and Cheyenne Fragale sold the controlled substances from their house near Boomer. Ramsey also admitted that on June 28, 2017, law enforcement officers executed search warrants at various locations related to this drug trafficking conspiracy. During the searches, officers seized over 300 grams of crystal methamphetamine, as well as heroin, fentanyl, and over $29,000 in cash. The methamphetamine was later analyzed and confirmed to be 94% pure. The drug trafficking organization was responsible for distributing oxycodone, methamphetamine, and heroin in and around Fayette County.

Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Four defendants have been sentenced for their involvement in the drug conspiracy.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months.  Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber.  Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone.  He was also sentenced by United States District Judge Irene C. Berger.  Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018.  Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on June 5, 2018.  Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.   Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 2018. 

Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.

Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin.  Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018. 

Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin.  He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018. 

Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine.  He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018.  James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 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.

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.  Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.

Jonathan O. Brockman of Kimberly, Fayette County, previously entered a 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.  David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone.  Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl.  Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.

Derrick L. Staples, of Charleston, entered 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 and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018.  Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.

Assistant United States Attorney Timothy D. Boggess handled the prosecutions.  United States District Judge Irene C. Berger imposed the sentence.

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. – Two Beckley men were sentenced to federal prison today for drug crimes, announced United States Attorney Mike Stuart. Benjamin Payne, 51, of Beckley, was sentenced to 10 years in prison after previously pleading guilty to distributing a quantity of cocaine base.  Because Payne was on supervised release when he committed the crime, he was sentenced to an additional year to run consecutively with his 10 year sentence.  In a separate prosecution, Raushan W. McDougald, 38, of Beckley, was sentenced to 84 months years in prison after being convicted of distributing a quantity of cocaine base.  U.S. Attorney Stuart applauded the Beckley Police Department for the investigation of Payne and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the investigation of McDougald.

“I commend the tireless efforts of our federal, state and local law enforcement partners to rid West Virginia communities of illicit drugs,” said United States Attorney Mike Stuart.  “Cocaine is a growing threat once again. These guys are off the streets and in the federal pen they’ve earned.”

Payne admitted that on October 26, 2017, at or near Beckley, Raleigh County, West Virginia, he distributed a quantity of cocaine base to a confidential informant working with law enforcement officers.  As part of his plea agreement, Payne agreed to forfeit over $23,000 in drug proceeds and a handgun.

McDougald admitted that at or near Beckley, Raleigh County, West Virginia, he distributed a quantity of cocaine base to a confidential informant working with law enforcement officer.  McDougald agreed to forfeit $14,000 in U.S. Currency and a firearm.

This cases was 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 prescription drugs and opiates.  The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

United States District Judge Irene C. Berger imposed the sentence in the both cases.

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CHARLESTON, W.Va. - United States Attorney Mike Stuart announced that Marcia Evans, 60, of Gilbert, pled guilty in federal court to conspiracy to distribute the controlled substance Suboxone.  Stuart praised the investigation conducted by the Drug Enforcement Administration with assistance from the West Virginia Board of Pharmacy.

“The largest pharmacy theft in West Virginia since records have been maintained,” said United States Attorney Mike Stuart.  “Apparently, wisdom doesn’t always come with experience.  The opiate crisis, including suboxone, comes in all shapes and sizes.  Young and old.  Rich and poor.  Suboxone, like other opiates, has had a devastating effect on families all over West Virginia, and now this 60-year-old woman must may the price for her terrible judgment.”

As part of her plea, Evans admitted her role in what the West Virginia Board of Pharmacy has called the largest pharmacy theft in West Virginia since records have been maintained by the Board. Evans was previously employed as a pharmacy technician at Riverside Pharmacy in Gilbert. Evans admitted that from 2014 to September 2016, she conspired with others to take Suboxone and Xanax from the supply at the pharmacy. In order to conceal the shortage of controlled substances, Evans manipulated the controlled substance count in the pharmacy’s computers. An audit was performed comparing shipment records with distribution records at the pharmacy, and a shortage of over 23,000 dosage units of Suboxone and over 137,000 dosage units of Xanax was revealed. Evans further admitted that she sold some of the Suboxone she stole from the pharmacy. In a related prosecution, Evans’ coconspirator, Kimberly McCoy, also admitted to her role in stealing Suboxone and Xanax from Riverside Pharmacy. McCoy previously pled guilty to obtaining Suboxone by fraud.

When she is sentenced on October 2, 2018, Evans faces up to10 years in prison. McCoy faces up to 4 years in prison when she is sentenced on August 29, 2018.

United States District Court Judge David A. Faber is presiding over the cases which are being handled by Assistant United States Attorney Haley Bunn. These investigations are the result of the formation of the Opioid Fraud Abuse and Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis.  The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program. 

 

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that two area men entered guilty pleas to federal charges in Beckley.

James David Morris Jr., 39, of Beckley, pled guilty to being a felon in possession of a firearm.  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 firearm 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.  Morris faces up to ten years in prison when he is sentenced on August 29, 2018.   Stuart commended the investigation conducted by the Raleigh County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

In a separate case, Cody Reed Godfrey, 25, of White Sulphur Springs, pled guilty to distribution of a quantity of oxymorphone.  Godfrey admitted that on June 13, 2017, he distributed oxymorphone pills to a confidential informant in Alderson. Godfrey also admitted that in June of 2017 he helped set up another hydromorphone sale, he sold a small quantity of methamphetamine, and he possessed several oxymorphone pills with the intent to distribute them.  He faces up to 20 years in prison when he is sentenced on August 29, 2018.  Stuart praised the work of the Greenbrier Valley Drug and Violent Crime Task Force in this case. 

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

 

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a federal grand jury sitting in Charleston returned a 20-count indictment against Manuel C. Barit, M.D., the only practicing physician at Mullens Family Clinic. The indictment charges Dr. Barit with 19 counts of distribution of Schedule II controlled substances, including the opioid hydrocodone, outside the bounds of a legitimate medical practice. The indictment also alleges that, from about October 7, 2013 through January 24, 2018, Dr. Barit knowingly executed a scheme to defraud Medicare and Medicaid by submitting claims indicating that he treated patients at his clinic in Mullens on dates he was outside the United States.  If convicted on all charges as alleged in the indictment, Dr. Barit faces up to 390 years in prison, and a $5 million fine.

“Today we are facing the worst drug crisis in American history, with one American dying of a drug overdose every nine minutes,” said Attorney General Jeff Sessions.  “It's incredible but true that some of our trusted medical professionals have chosen to violate their oaths and exploit this crisis for profit.  That's why, last summer, I sent a dozen of our top federal prosecutors to focus solely on the problem of opioid-related health care fraud in places where the epidemic was at its worst—including Southern West Virginia.  U.S. Attorney Stuart understands that pursuing these cases cuts off the supply of drugs and stops fraudsters from exploiting vulnerable people, and he and his office are doing just that. Our prosecutors began obtaining indictments back in October, and today we charge another doctor who allegedly defrauded the taxpayer while diverting potentially addictive drugs.  I want to thank the U.S. Attorney’s office for their good work on this case, as well as all of our state and local partners for their tireless efforts and invaluable partnership.  This brings us one step closer to ending our national drug epidemic."

“This indictment is an example of my Office’s commitment to hold doctors accountable when they violate federal laws designed to protect the health and safety of patients,” said United States Attorney Mike Stuart.  “Opioid-related health care fraud is a serious problem facing the Southern District of West Virginia, and we will work alongside our law enforcement partners to bring suspected criminals to justice and protect our communities. A drug dealer in a lab coat is still just a drug dealer.”

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

The Drug Enforcement Administration, the Department of Labor – Office of Inspector General (OIG) and the United States Postal Inspection Service conducted the investigation leading to the indictment.  Assistant United States Attorney Haley Bunn is handling the prosecution.

“DEA has made efforts to focus investigations on doctors who are abusing their positions by writing prescriptions outside the norms of good medicine,” said DEA Special Agent in Charge D. Christopher Evans, Louisville Field Division.  The investigation into Dr. Barit’s prescribing habits revealed that prior to Dr. Barit traveling outside of the U.S., he had pre-written prescriptions for Schedule II substances and left signed blank prescriptions for staffers to write controlled substance prescriptions to be given to patients in his absence.  The investigation further revealed that Dr. Barit was illegally billing Medicaid, Medicare, and other medical insurances for face-to-face visits while he was traveling.  DEA will continue to investigate doctors and pharmacies whose actions violate U.S. laws and exploit their position of trust.”

The indictment is attached.

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

barit_indictment_final.pdf

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BECKLEY, W.Va. – A Raleigh County teenager who stole twenty-four firearms from a federally licensed dealer pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart.  Dillon Jackson, 18, entered his guilty plea to stealing firearms from the premises of a person licensed to engage in the business of dealing in firearms.  U.S. Attorney 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.

“Stealing firearms to trade them for drugs guarantees the guns are being put in the wrong hands for the purpose of criminal activity,” said United States Attorney Mike Stuart.  “We are aggressively prosecuting these cases to the fullest extent of the law.”

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. 

Jackson faces up to 10 years in federal prison when he is sentenced on August 22, 2018.  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 Irene 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. – A North Carolina man was sentenced today to spend 121 months – more than 10 years -- in federal prison for a federal sex crime involving a minor, announced United States Attorney Mike Stuart. Timothy Sean Coogle, 46, of Lexington, previously pled guilty to attempted enticement of a minor to engage in sexual activity. U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the FBI in North Carolina.

“These heinous crimes warrant significant penalties,” said United States Attorney Mike Stuart.  “Sexual predators like Coogle that prey on our children need to be behind bars for a long time.”

Coogle admitted that from August 12, 2017, through September 22, 2017, he used his cell phone and the Internet to attempt to persuade, induce, and entice a minor residing in the Southern District of West Virginia to engage in sexual activity. Specifically, Coogle admitted that he sent messages to a 13-year-old minor female, commenting on a photo of her. The minor’s mother discovered messages from Coogle and contacted law enforcement. Soon after, Coogle began engaging in sexually explicit conversation with a person he believed to be the minor, but was actually an undercover officer. He additionally requested that the person he believed to be the minor send him sexually explicit photos and video footage, and he also sent a sexually explicit video. Coogle admitted that he engaged in all of this communication in order to persuade the person he believed to be the minor to engage in sexual activity when she visited North Carolina. 

Following release from prison, Coogle will be on federal supervised release for a period of 25 years and will be required to register as a sex offender.

Assistant United States Attorney Jennifer Rada Herrald was in charge of the prosecution. The sentencing hearing was held before United States District Judge John T. Copenhaver, Jr.

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. – A Detroit man who was caught with a firearm after a bar fight in Huntington in April of 2013 pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart.  James Anthony Mitchell, 25, entered his guilty plea 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.

“Unfortunately, there’s nothing unusual about a felon from Detroit involved in violence in Huntington,” said United States Attorney Mike Stuart.  “But make no mistake, we will continue to aggressively prosecute these cases until it is unusual.”

At approximately 3:00 a.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. 

Mitchell faces up to 10 years in federal prison when he is sentenced on August 27, 2018.

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

This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.

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

“I congratulate Hank Dial on the removal of the word “Interim” from his official title and his appointment as Chief of Police for the Huntington Police Department,”  said United States Attorney Mike Stuart.  “Hank has done an excellent job while serving as Interim Chief, and I expect nothing less from him and his Department moving forward.  I look forward to our continued partnership and making Huntington the safest city in America.  Mayor Steve Williams has placed the Huntington Police Department in good hands.”

 

 

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

“It is a sad day for West Virginia and the Department of Justice family to learn about the passing of our esteemed colleague, W. Warren Upton.  I offer prayers and condolences to his family and friends.  Upton served as an Assistant United States Attorney in the Southern District of West Virginia from 1965 to 1970 before being appointed as Acting United States Attorney, and honorably served in that position from 1970 to 1972.  I have the utmost respect and gratitude for his service to the United States and the Southern District of West Virginia.”   

 

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FBI Releases 2017 Statistics on of Law Enforcement Officers Killed and Assaulted

CHARLESTON, W.Va. – Attorney General Sessions and Mike Stuart, United States Attorney for the Southern District of West Virginia recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, and commented on the FBI's 2017 Law Enforcement Officers Killed and Assaulted report.

“One officer death is too many,” Attorney General Sessions said.  “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high.  At the Department of Justice, we honor the memories of the fallen and we pray for their families.  We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us.  As always, we have their backs and they have our thanks.”

“My greatest honor as United States Attorney is working with our federal, state and local law enforcement partners,” said United States Attorney Mike Stuart.  “These brave men and women risk their lives every single day for our safety.  We owe them our deepest gratitude, not just during National Police Week, but every week of the year.”

According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.  Additionally, in 2017 there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts.  For the full comprehensive data tables about these incidents and brief narratives describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report.

In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty.  The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.  

During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.

The names of all 93 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018.  A Southern District of West Virginia law enforcement officer was added this year:  Lieutenant Aaron Lloyd Crook, Bluefield Police Department.

For more information about other National Police Week events, please visit www.policeweek.org.

To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.

 

 

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CHARLESTON, W.VA. – United States Attorney Mike Stuart announced today the West Virginia State Police received $1,087,285.15 as a result of a civil forfeiture action relating to violations of the Bank Secrecy Act by First National Bank of Williamson.  The Bank Secrecy Act requires financial institutions to maintain programs that detect and report suspicious activity that may signify money laundering. Under this law, banks must prepare and file Cash Transaction Reports for all cash transactions over $10,000. The Bank Secrecy Act also makes structuring a federal crime that involves the breaking down of cash banking transactions in amounts of $10,000 or less to avoid triggering a bank’s reporting requirement.  First National Bank agreed to forfeit $1,360,000 to the United States, which represents the sum of transactions uncovered. 

Stuart commended the efforts of the Federal Deposit Insurance Corporation Office of the Inspector General, the Federal Bureau of Investigation, and the West Virginia State Police Bureau of Criminal Investigation.

“The scheme set up by White and others to deceive federal authorities should never have been permitted by the bank,” said United States Attorney Mike Stuart.  “In every instance where we identify a federal institution intentionally aiding and abetting illegal activities, we will use every tool possible, including forfeiture, to ensure the institution pays a very heavy price.  I am happy that over $1 million forfeited by the bank in this case can now be used by WV State Police to further its missions and good work for the citizens of our great state.”

Between April 2006 and November 2008, Arthur White, Jr., and other individuals, structured $1.36 million in cash withdrawals in increments of exactly $10,000 from First National Bank of Williamson in order to avoid triggering the mandatory reports. In March 2013, Arthur White pleaded guilty in the United States District Court for the Southern District of West Virginia to tax evasion and structuring. White admitted that he cashed checks made payable to his companies that held accounts at First National Bank of Williamson. According to the complaint, First National Bank permitted White to pay cash for cashiers’ checks made payable to himself, without first depositing the money into any account.

As part of the scheme, White and other individuals would receive exactly $10,000 in cash each time they cashed a check. They would then purchase a new cashier’s check without depositing any of the money, repeating the process until the entire check had been converted to cash. The cash obtained through this structuring was used to pay wages for some of White’s employees. White, and others at his direction, intentionally conducted these transactions to avoid triggering the bank’s reporting requirements and to evade taxes.

As set forth in the complaint, despite First National Bank's knowledge of these transactions, it permitted this structuring and failed to report these transactions as required by law.

"The dismantlement is a result of the investigation and successful prosecution which enables and triggers asset forfeiture," said FBI Pittsburgh Assistant Special Agent in Charge Nick Boshears. "The funding provides for things like new vehicles, bulletproof vests, opioid overdose reversal kits and better training for our law enforcement partners."

“We are pleased to join our law enforcement partners in recognizing the successful results of this case,” said Federal Deposit Insurance Corporation’s Deputy Assistant Inspector General for Investigations, Francis L. Mace.  “Today’s sharing of forfeiture proceeds will provide the members of the West Virginia State Police with funds that can be used to further their important mission of serving the citizens of West Virginia.”

 

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HUNTINGTON, W.Va. –  Consistent with United States Attorney Mike Stuart’s priority on the prosecution of felon in possession cases as part of our strategy to reduce violent crime throughout the Southern District of West Virginia, the following hearings took place before United StatesDistrict Judge Robert C. Chambers today.  Assistant United States Attorney Stephanie Taylor is handling the prosecutions.

“We are aggressively prosecuting felons in possession and turning a number of cases around in short order,” said United States Attorney Mike Stuart.  “The message is clear for felons, if you possess a firearm, you will go to prison.”

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

GEORGIA MAN SENTENCED TO MORE THAN 9 YEARS IN PRISON FOR FIREARM CHARGE

A Georgia man was sentenced to 110 months – more than 9 years -- in federal prison for possessing a firearm, announced United States Attorney Mike Stuart. John Weathers, 32, previously pled guilty to being a felon in possession of a firearm.  Stuart commended the investigation conducted by DEA and the West Virginia State Police.

On December 5, 2017, officers with the DEA and West Virginia State Police Violent Crime and Drug Task Force conducted a controlled buy of methamphetamine from Weathers.  After determining Weathers was staying in Room 222 at the Econo Lodge in Huntington, officers obtained a search warrant.  During the search, officers located a STAR Firestar 9mm pistol in a bag on the floor of the room.  Weathers was prohibited from possessing any firearms under federal law because of a 2012 federal drug conviction in the Southern District of West Virginia.  

MASON COUNTY FELON PLEAS GUILTY TO FEDERAL GUN CRIME

A Mason County, West Virginia felon who possessed a firearm in March 2017, pled guilty today to being a felon in possession of a firearm, announced United States Attorney Mike Stuart.  James S. Potter, II, 38, 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.  Stuart praised the efforts of the Alcohol, Tobacco, Firearms and Explosives (ATF) and the Mason County Sheriff’s Department.

Potter faces up to 10 years in prison when he is sentenced on August 6, 2018.

 

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HUNTINGTON, W.Va. – A Detroit man caught with oxycodone he was going to sell in Huntington in September 2017 was sentenced to 57 months in federal prison today, announced United States Attorney Mike Stuart. Curtis Holcomb, 39, previously pleaded guilty to possession with the intent to distribute oxycodone. Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police Violent Crime and Drug Task Force.

“We will not tolerate those involved in the illicit sale of prescription drugs,” said United States Attorney Mike Stuart.  “As I often say, addicts aren’t our enemy in the fight against the opiate epidemic, but dealers and traffickers are, and we will lock them up.”   

On September 15, 2017, agents with the DEA and the West Virginia State Police Violent Crime and Drug Task Force used a confidential informant to arrange a purchase of 500 oxycodone pills from Holcomb. On his way to meet the informant, a trooper with the West Virginia State Police conducted a traffic stop on Holcomb’s vehicle on Artisan Avenue in Huntington. Troopers searched Holcomb and recovered 454 oxycodone pills that Holcomb had concealed in his sock.  Holcomb admitted that he intended to sell the pills.  

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

This drug prosecution was 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 prescription drugs and heroin. 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 opiate painkillers and heroin in communities across the Southern District. 

 

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CHARLESTON, W.Va. – A Keystone Heights, Florida, man was sentenced yesterday to 50 months for a federal gun charge, announced United States Attorney Mike Stuart. Derrick Shane McCullough, 28, previously pled guilty to being a felon in possession of a firearm.  Stuart applauded the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

“We are aggressively enforcing laws aimed at keeping guns out of the hands of convicted felons,” said United States Attorney Mike Stuart. “The penalties for ignoring federal gun laws are significant.”

On July 16, 2016, an officer with the Charleston Police Department conducted a traffic stop on the West Side of Charleston, West Virginia.  The defendant was a passenger in the vehicle.   The defendant admitted to bringing a gun in the car, and officers found a sawed-off shotgun under his seat. McCullough was prohibited from possessing any firearm under federal law because of felony convictions, including a 2013 conviction for grand theft in Florida. 

Assistant United States Attorney Gabriele Wohl is responsible for the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.

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

 

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CHARLESTON, W.Va. – A South Charleston man caught with methamphetamine and firearms last year was sentenced today to 54 months in federal prison, announced United States Attorney Mike Stuart.  Ray Eads, 35, previously pled guilty to possession with intent to distribute methamphetamine.  Stuart praised the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT).

“The increase in methamphetamine trafficking we are experiencing in West Virginia is troublesome,” said United States Attorney Mike Stuart.  “To stop it from becoming an even bigger problem, we are aggressively prosecuting meth dealers.”

On May 18, 2017, law enforcement executed a search warrant at Eads’ residence on Smith Creek Road in South Charleston.  During the search, officers found over 1,200 grams of methamphetamine, digital scales, drug ledgers, and almost $12,000 cash.  Officers also located several firearms and a bulletproof vest in Eads’ bedroom.  Eads gave a statement admitting to possessing the drugs and guns discovered in his residence.  Eads also admitted that he had been distributing methamphetamine in the South Charleston area.

Assistant United States Attorney Joseph F. Adams handled the prosecution.  United States District Judge Joseph R. Goodwin imposed the sentence.

This case was 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, including methamphetamine. 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 South Carolina man who had been residing in Charleston was sentenced today to 33 months imprisonment on federal drug charges, announced United States Attorney Michael B. Stuart.  Antoine Dericus Wilmore, 30, pled guilty in November to four counts of distribution of heroin, one count of possession with intent to distribute heroin, and two counts of distribution of a fentanyl analogue.  Stuart commended the work of the Metropolitan Drug Enforcement Network Team (MDENT) for their work during this investigation.

“Dangerous drug dealers like Wilmore peddling heroin and fentanyl should be locked up,” said United States Attorney Mike Stuart.  “Charleston will be a safer place with him behind bars.”

On six occasions between April and August, 2016, Wilmore distributed and aided and abetted the distribution of heroin and fentanyl analogue to a confidential informant in Charleston who was working with MDENT.  One of the heroin distributions aided and abetted by Wilmore took place on the school grounds of Stonewall Jackson Middle School. On June 2, 2016, a search warrant executed at Wilmore’s residence discovered over 11 grams of heroin, $1300 in United States currency, and two pistols. 

United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.

 

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CHARLESTON, W.Va. – A Charleston felon who possessed a firearm in April 2017 was sentenced today to 71 months -- almost six years -- in federal prison, announced United States Attorney Mike Stuart.  Brandon Cantrell, 32, previously pled guilty to being a felon in possession of a firearm.  United States Attorney Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

“As part of our efforts to reduce gun crimes committed on Charleston’s West Side, we are aggressively prosecuting convicted felons and other prohibited persons that possess firearms,” said United States Attorney Mike Stuart.

Cantrell admitted that on April 20, 2017, he possessed a Hi-Point, model C-9, 9mm pistol at a residence on Charleston’s West Side.  Cantrell is prohibited from possessing any firearms under federal law because of a 2008 felony conviction in the Circuit Court of Kanawha County for breaking and entering.

Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr. handed down 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. – United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court in Bluefield to distribution of hydromorphone.  Jerome Brown, 45, admitted that on August 18, 2016, he distributed two hydromorphone pills to a confidential informant in Bluefield.  Brown further admitted that he distributed two hydromorphone pills to a confidential informant in Bluefield on August 17, 2016, and again on August 22, 2016, as charged in the indictment.  He faces up to 20 years in prison when he is sentenced on August 28, 2018.  Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force. 

“Sell controlled pills, do not pass go, go directly to jail,” said United States Attorney Stuart.  “My Office is aggressively prosecuting pill mills, pill mill doctors and those that sell pills illegally. We are aggressive and we intend to end the illicit pill industry in West Virginia.”

This initiative is 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 prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.  Assistant United States Attorney John File is handling the prosecution.  Senior United States District Judge David A. Faber presided at the plea hearing.

 

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HUNTINGTON, W.Va. – An Ohio man was sentenced today to  56 months imprisonment on a federal drug charge, announced United States Attorney Michael B. Stuart.  Cortez Quayveon Brown, 26, of Marion Ohio, pled guilty in January to distribution of heroin. Brown’s sentence will run concurrently with a sentence he is currently serving on a felony drug charge in Ohio.  Stuart commended the work of the Drug Enforcement Administration. 

“Dealers peddling dangerous drugs and protecting themselves and their inventory with semi-automatic weapons are exactly the type of criminal defendants that should be locked up for a long time,” said United States Attorney Stuart. “Good riddance.”

On March 3, 2016, a confidential informant made a phone call to arrange a purchase of heroin. Brown directed the confidential informant to go to Brown’s  apartment located at 813 1/2 7th Street, in Huntington. There, the confidential informant met Brown and provided him $1500 in United States currency. Brown provided the confidential informant with approximately 5.5 grams of heroin and fronted an additional amount – 15.86 grams of heroin in total.  Brown also sold heroin to the same confidential informant on five other occasions.  Agents executed a search warrant at Brown’s  apartment on March 10, 2016. Agents seized approximately 7.86 grams of heroin in the apartment, $5500 in United States currency, along with a loaded .380 semi-automatic handgun and a loaded .22 caliber semi-automatic handgun.  Both handguns were located in the bottom drawer of the kitchen stove in Brown’s apartment.

United States District Judge Robert C. Chambers presided over the hearing.  Assistant United States Attorney R. Gregory McVey handled the prosecution.

 

 

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HUNTINGTON, W.Va. – A Columbus, Ohio man who helped set up multiple drug deals in Huntington in August and September 2016 pled guilty today to multiple federal drug crimes, announced United States Attorney Mike Stuart.  Carl Keylow Jackson, 38, entered his guilty pleas to two counts of aiding and abetting the distribution of heroin, as well as aiding and abetting the distribution of cocaine base, also known as “crack.”  United States Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Thanks to the tireless work of our law enforcement partners, another out-of-state drug dealer has been removed from the streets of Huntington,” said United States Attorney Mike Stuart.  “We are united and determined in our efforts to take back our streets from those wreaking havoc.”

On September 13, 2016, law enforcement used a confidential informant to contact Jackson and arrange a crack deal.  When the informant called Jackson, the informant was directed to go to the area of the Little Caesar’s on 1st Street in Huntington.  Jackson also confirmed how much crack the informant wanted to purchase and the price for the crack.  Stephen Somon subsequently met the informant and distributed 6.5 grams of crack to the informant in exchange for $850.  Jackson also admitted to assisting in the sale of heroin in Huntington on at least two occasions in August 2016.  On one occasion, the heroin purchased by an informant was tested by a chemist and found to be mixed with fentanyl, a powerful prescription painkiller.

Jackson faces up to 20 years in federal prison when he is sentenced on August 6, 2018.

Somon previously pled guilty and is scheduled to be sentenced on May 29, 2018.

Assistant United States Attorneys 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 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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