Southern District of West Virginia

The Justice Department announced today that the owner and former property manager of Perkins Parke Apartments (Perkins Parke) in Cross Lanes, West Virginia, have agreed to pay $120,000 in damages and civil penalties to settle a lawsuit alleging that three former agents sexually harassed and retaliated against female tenants in violation of the Fair Housing Act (FHA).

The department’s complaint, filed in November 2014, alleged that Perkins Parke’s district manager, Anthony James, and maintenance worker, Christopher T. James, sexually harassed female tenants at the complex, and that Perkins Parke’s site manager, Kisha James, failed to take appropriate steps when tenants complained about the harassment.  The complaint alleged that the harassment included entering the residences of female tenants without permission or notice; coercing female tenants to engage in unwelcome sexual acts; making unwelcome sexual comments and unwelcome sexual advances to female tenants; subjecting female tenants to unwanted sexual touching and other unwanted sexual acts; and taking adverse actions against female residents when they refused the sexual advances or reported the unwelcome conduct.  This lawsuit arose as a result of complaints filed with the U.S. Department of Housing and Urban Development (HUD) by five tenants.  After an investigation of the complaints, HUD issued a charge of discrimination and referred the case to Justice Department.

The settlement, which is subject to approval by the U.S. District Court of the Southern District of West Virginia, requires Perkins’ Parke former property manager, Encore Management Company Inc., and the property’s owner, Perkins Parke LP, to pay $110,000 to eleven victims of sexual harassment and $10,000 to the United States as a civil penalty.  The settlement resolves the lawsuit with respect to Encore Management Company Inc. and Perkins Parke LP, but not the individual defendants. 

“Women and their families should not be subjected to sexual harassment in their homes,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “The Civil Rights Division will continue to vindicate the rights of those who are subject to sexual harassment.”

“Few things are more fundamental to success and happiness than having a safe place to live” said U.S. Attorney Booth Goodwin of the Southern District of West Virginia.  “Everyone has a right to live in a safe environment, free from harassment of any kind.  Put simply, apartment owners must ensure that their managers and staff respect these basic rights and understand that violations will not be tolerated.”

“Women trying to provide a home for their families should not have to suffer the indignity of having to submit to unwanted sexual demands in order to keep that housing,” said Gustavo Velasquez, Assistant Secretary for HUD’s Fair Housing and Equal Opportunity Office.  “Today's settlement sends a loud and clear message to property owners and managers that HUD and the Justice Department are committed to addressing practices that violate the rights of women.”

Fighting illegal housing discrimination is a top priority of the Department of Justice.  The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.  Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777 or through its website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.

HUNTINGTON, W.Va. – Joshua Petrie, 36, of Proctorville, Ohio, pleaded guilty today in federal court in Huntington to federal health care fraud, announced U.S. Attorney Booth Goodwin.  Petrie admitted that he worked as a sales representative and fitter for several out of state companies that sold and distributed back and knee braces from a medical practice in West Virginia.  Petrie created false documents showing that he provided braces to patients when, in fact, he had not. The false documents included a certification from a physician indicating that the physician had ordered the braces for individual Medicare patients, but Petrie used copies of a pre-signed physician’s order that was not specific to these patients. The false documents also included a delivery ticket with a signature line for patients to acknowledge receipt of the braces. Petrie forged patients’ signatures to the delivery tickets to make it appear that patients had received the braces when they had not. The false paperwork was used by others to bill Medicare for approximately $38,000.

Petrie faces up to 10 years imprisonment and a $250,000 fine when he is sentenced on January 11, 2016.

The investigation was conducted by Department of Health and Human Services Office of Inspector General and the West Virginia Medicaid Fraud Control Unit. Assistant United States Attorneys Eric Bacaj and Meredith George Thomas are handling the prosecution.

 

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HUNTINGTON, W.Va. – A Huntington man who participated in a heroin distribution scheme in 2013 was sentenced today to 40 months in federal prison, announced U.S. Attorney Booth Goodwin. Domenico Chianesi II, 35, previously pleaded guilty in federal court in Huntington in December of 2014 to conspiracy to distribute heroin.

From at least February of 2013 to August 21, 2013, Chianesi and others conspired to distribute heroin in the Huntington area. Chianesi permitted others to transport heroin from Detroit, Michigan to his residence located at 208 8th Avenue in Huntington where the heroin was stored and prepared for distribution. Chianesi also sold heroin at the direction of others and transferred drug proceeds to the organization leaders by using various  financial services companies. On August 21, 2013, agents executed a search warrant at Chianesi’s residence where they seized over 130 grams of heroin and over $10,000 in cash.

The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 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.

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HUNTINGTON, W.Va. – A Detroit man who participated in a heroin conspiracy that funneled multiple kilograms of heroin into the Huntington area in 2012 and 2013 was sentenced today to 57 months in federal prison, announced U. S. Attorney Booth Goodwin.   Darius Jerome Perry, 32, previously pleaded guilty in federal court in Huntington in February of 2015 to possession with intent to distribute 100 grams or more of heroin.

From the summer of 2012 to August of 2013, Perry conspired with other individuals to distribute  heroin in the Huntington area.  During the  conspiracy, shipments of heroin were frequently made from Michigan to Huntington.   Perry and other co-conspirators used multiple residences in Huntington to prepare, store and distribute heroin.

On August 21, 2013, agents executed a search warrant at a residence in the 200 block of 8th Avenue in Huntington.  During the search, agents seized over 130 grams of heroin and over $10,000 in cash.  On August 22, 2013, agents executed a second search warrant at the same residence where they located and seized an additional $3,000 in cash concealed in a television.  Perry admitted to selling heroin from the home and that the heroin seized from the agents was his.

Perry is the last defendant to be sentenced for his involvement in the conspiracy.  Others previously sentenced include Christopher Jermaine Taylor of Detroit who received 138 months in federal prison, Bryant Donavan Taylor of Detroit who received 78 months in federal prison, Kenneth D. Bowden of Detroit who received 97 months in federal prison, Robert Lamar Payne of Detroit who received 87 months in federal prison, Derrick Wayne Goodwin of Detroit who received 74 months in federal prison, and Lakeisha Sherrell Williams of Detroit who received 37 months in federal prison.

The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 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.

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CHARLESTON, W.Va. – Gary Fields, 68, the former mayor of Pratt, West Virginia, admitted to selling the powerful prescription painkiller oxycodone. Fields pleaded guilty today in federal court in Charleston to distribution of oxycodone, announced U.S. Attorney Booth Goodwin.

As part of the plea, Fields admitted that he sold six 15 mg oxycodone pills to a confidential informant on April 23, 2015. Fields is scheduled to be sentenced on January 21, 2016.

The investigation was conducted by the Kanawha County Sherriff’s Department. Assistant United States Attorney Haley Bunn is handling the prosecution.

The prosecution is part of an ongoing effort 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.

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CHARLESTON, W.Va. – Gary Fields, 68, the former mayor of Pratt, West Virginia, admitted to selling the powerful prescription painkiller oxycodone. Fields pleaded guilty today in federal court in Charleston to distribution of oxycodone, announced U.S. Attorney Booth Goodwin.

As part of the plea, Fields admitted that he sold six 15 mg oxycodone pills to a confidential informant on April 23, 2015. Fields is scheduled to be sentenced on January 21, 2015.

The investigation was conducted by the Kanawha County Sherriff’s Department. Assistant United States Attorney Haley Bunn is handling the prosecution.

The prosecution is part of an ongoing effort 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.

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CHARLESTON, W.Va. – A Detroit man who had heroin, oxycodone, and cash pleaded guilty today to a federal drug charge, announced U.S. Attorney, Booth Goodwin.  Kendrick Leon Ward, 24 pleaded guilty in federal court in Charleston to distribution of heroin within 1,000 feet of a college or university.

On November 8 and 11, 2013, drug task force officers used an informant to purchase approximately five grams of heroin from Ward in exchange for $1,125.  Both drug deals occurred near Ward’s residence at Dawson Hall on the campus of West Virginia State University.  On November 12, 2013, police executed a search warrant on Ward’s dorm room and seized 20 grams of heroin, 100 30mg oxycodone pills, 100 30mg tramadol pills, and $21,265.00 which included the money used in the undercover drug busy the day before. W

Ward faces up to 40 years in federal prison and a $2 million fine when sentenced on December 29, 2015.

This case was investigated by the Metropolitan Drug Enforcement Network Team (MDENT).  Assistant United States Attorney, Joshua Hanks is in charge of the prosecution.

This case 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.

 

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CHARLESTON, W.Va. –  United States Attorney Booth Goodwin announced that Joshua Mark Taylor, 32, of Weirton, West Virginia was sentenced today in federal court in Charleston to 15 years in federal prison to be followed by 20 years of supervised release. Taylor will also be required to register as a sex offender.  Taylor pled guilty in June of 2013, admitting that he received child pornography via his cell phone.

According to court documents and proceedings, Taylor was employed by the Fayette County Board of Education as a school teacher at Collins Middle School from approximately March of 2013 to January of 2014.  Taylor admitted that in November of 2013, he exchanged a large volume of text messages with a 12-year-old female who was a student at Collins Middle School. Taylor also admitted that from about November to January of 2014, he persuaded the student to take photographs of her genital area and send them to him on his cell phone.  Taylor admitted to distributing or attempting to distribute the sexually explicit images through interstate commerce.  Finally, Taylor admitted to receiving a sexually explicit image of the student through interstate commerce.

The investigation was initiated by the West Virginia State Police in January of 2014, after the father of the student reported her missing.  Taylor picked the minor up at her family home and returned her to her home uninjured after missing for nearly 22 hours.  The investigation led to Taylor’s arrest the next day in St. Mary’s, West Virginia.  Prior to being arrested, Taylor sent the minor a text message urging her not to cooperate with the investigation or prosecution.

Taylor also pled guilty in Fayette County Circuit Court to the felony offense of sexual abuse by a parent, guardian, custodian or person in position of trust to a child and faces a sentence of not less 10 years and up to 20 years when he is sentenced on Monday, September 28.

United States Attorney Goodwin credited the West Virginia State Police and the other law enforcement agencies that worked so hard on the investigation.  “The collaborative efforts of the West Virginia State Police, West Virginia Internet Crimes Against Children Task Force, Fayette County Sheriff’s Department, and the Federal Bureau of Investigation should be commended.  Their cooperation brought yet another child predator to justice, and made all of our children safer,”  said Goodwin.

Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.

This case was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

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CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Charleston man was sentenced today in federal court in Charleston to five years in prison for carrying a firearm during a drug trafficking offense.  James Philip Daugherty, 20, previously entered a guilty plea to carrying a loaded Ruger semi-automatic pistol on January 9, 2015, while he possessed crack cocaine that he intended to distribute in and around Charleston, West Virginia.  

The investigation was conducted by the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Jennifer Rada Herrald was in charge of the prosecution.

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

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Bluefield, W.Va. – United States Attorney Booth Goodwin announced that a Bluefield man pled guilty in federal court in Bluefield today to a federal drug charge. Steven Andrew Short, 29, pled guilty to using a communication facility to facilitate a felony, admitting that on April 8, 2015, he used a telephone near Rock, West Virginia, to arrange a drug deal with a confidential informant.  Shortly after the phone call, Short sold  hydromorphone to the informant. Short admitted that he had sold more than 1800 hydromorphone pills over a period of time.  He faces up to four years in prison when he is sentenced on January 26, 2016

This case was investigated by the Southern Regional Violent Drug and Violent Crime Task Force under the Bluefield Pill Initiative, 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.

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CHARLESTON, W.Va. – Christopher E. Strick, 36, of Charleston, was sentenced today in federal court in Charleston to one year and one day in prison, followed by three years of supervised release. Strick previously pled guilty in June of 2015 admitting that he had sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team (“MDENT”) in January of 2012. The drug deal took place at Strick’s Edgewood Drive residence.

The case was investigated by MDENT.  AUSA John Frail is responsible for the prosecution.

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 heroin and 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 heroin and pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.

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CHARLESTON, W.Va. – United States Attorney Booth Goodwin, together with public health, treatment, prevention and law enforcement professionals, will provide an update on current strategies to address opiate abuse in southern West Virginia and the Kanawha Valley, in particular, and discuss next steps in turning back the tide of heroin addiction.

            WHEN:          Tuesday, September 22, 2015, 10:00am 

            WHERE:       Kanawha-Charleston Health Department, 108 Lee Street East, Charleston, WV

WHO:             Booth Goodwin, United States Attorney, SDWV

Brent Webster, Chief Charleston Police Department

Dr. Michael Brumage, Kanawha-Charleston Health Department

Suzan Williamson, RAC Drug Enforcement Administration

Chuck Miller, Kanawha County Prosecuting Attorney

Mike Rutherford, Chief Deputy Kanawha County Sheriff’s Department

Mark Strickland, Captain Charleston Fire Department

Dana Petroff, Prestera Center for Mental Health Services

Steve Burton, First Choice Health Systems

Kristi Justice, Kanawha Communities that Care

Kenny Burner, Appalachia HIDTA

Kim Walsh, West Virginia Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Marco Carrillo, 22, and Luis Vazquez, 24, both of Sonora, Mexico, plead guilty in federal court in Charleston today to conspiring to commit credit card fraud.  During their plea hearings, Carrillo and Vazquez admitted that they traveled to Charleston, West Virginia from Mexico to pick up a package at Federal Express that contained 100 fraudulent credit cards.  They admitted that they intended to use the fraudulent cards to buy electronic goods and gift cards.  The package containing the fraudulent credit cards was intercepted by Federal Express and turned over to law enforcement agents prior to Carrillo and Vazquez picking it up. When Carrillo and Vazquez arrived at the Federal Express facility and picked up the package, they were arrested by agents from the United States Secret Service and Homeland Security Investigations.  Carrillo and Vazquez were stopped by law enforcement before they used any of the fraudulent credit cards.

Carrillo and Vazquez face up to 5 years of imprisonment when they are sentenced on December 21, 2015.

The United States Secret Service and Homeland Security Investigations were in charge of the investigation.  They were also assisted by the Metropolitan Drug Enforcement Network Team.  Assistant United States Attorney Blaire L. Malkin is handling the prosecution.

 

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Jazzmyn Rochon Litzy, aka Zoe, 35, from Cabell County, West Virginia, was sentenced to nine years in federal prison for possession with intent to distribute heroin.

In December of 2014, a member of the Drug Enforcement Administration (DEA) working in an undercover capacity, bought drugs twice from Litzy.   Following these drug deals, DEA obtained a search warrant for Litzy’s Huntington home at 127 Oakland Avenue. During the search, agents found more than 70 grams of heroin, and several guns. Litzy was previously convicted of robbery in 2001, and drug trafficking and tampering with evidence in 2007.  These felony convictions make it a federal crime for Litzy to possess any firearm.

Today’s sentence was imposed by Chief United States District Court Judge Robert C. Chambers.

The investigation is being conducted by the Drug Enforcement Administration, the Huntington Police Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Timothy D. Boggess handled the prosecution.

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 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.

 

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HUNTINGTON, W.Va. – A Huntington man who assisted in the distribution of prescription pills on multiple occasions in July 2014 was given five years of probation announced U.S. Attorney Booth Goodwin.  Eric Lawrence Silverstein, 39, previously pleaded guilty in federal court in Huntington January of 2015 to distributing oxymorphone before Chief United States District Judge Robert C. Chambers.

On July 25, 2014, Silverstein participated in a drug transaction with a confidential informant working at the direction of the Huntington Police Department.  Silverstein drove the informant to the 1400 block of 4th Avenue in Huntington where he arranged for the informant to receive 10 oxymorphone pills in exchange for $600.  Silverstein was paid $100 for setting up the drug deal. Silverstein also arranged the sale of 8 oxymorphone pills with an informant on July 28, 2014, in Huntington. 

The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 illegal 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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HUNTINGTON, W.Va. – A Detroit man who assisted in the distribution of heroin in Huntington in 2013 and 2014 was sentenced today to four years in federal prison, announced U.S. Attorney Booth Goodwin.  Ramone L. Wells, 20, previously pleaded guilty in June of 2015 to conspiracy to distribute heroin.

From February of 2013 to December 8, 2014, Wells assisted multiple co-conspirators in the sale of heroin transported from Detroit to Huntington.  During the conspiracy, Wells supervised street level heroin dealers in Huntington and collected cash from drug sales.  Wells also sold heroin he received from his co-conspirators.

Members of the conspiracy used multiple Huntington residences as locations where heroin was stored, prepared and distributed, including the residence located at 403 Homestead Place in Huntington.  On December 6, 2014, a postal inspector with the United States Postal Service intercepted a package addressed for the residence containing approximately 230 grams of heroin.  Agents delivered the package on December 8 and executed a search warrant at the residence after the package was accepted.  During the search, agents seized heroin, drug paraphernalia, cash, and guns.

Multiple others have been convicted for their respective roles in the conspiracy including Paul A. Roberts, who pleaded guilty to maintaining a residence for the distribution of heroin in March 2015, Pricilla Lee Dylan, who pleaded guilty to maintaining a residence for the distribution of heroin in August 2015, Dustin S. Barton, who pleaded guilty to distributing heroin in August 2015, Kenneth E. Baxter, who pleaded guilty to distributing heroin in August 2015, Coty S. Richardson, who pleaded guilty to attempting to possess with intent to distribute 100 grams or more of heroin in August 2015, and Sean L. Gist, who pleaded guilty to conspiracy to distribute heroin earlier this month.

The Huntington FBI Drug Task Force, United States Postal Service, West Virginia State Police and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 illegal 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 Detroit man was sentenced today to six months in prison, followed by six months of home confinement for a federal drug charge, announced U.S. Attorney Booth Goodwin.  Anthony Curtis Beckley II, 34, previously pleaded guilty in federal court in Charleston to possessing oxycodone with the intent to distribute it.  Beckley admitted that on October 7, 2013, he possessed over 200 oxycodone pills that he intended to sell.

The investigation was conducted by the Metro Drug Enforcement Network Team. Assistant United States Attorney Jennifer Rada Herrald was in charge of the prosecution.

This case 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.

 

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Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Gregory Woods, 38, of Charleston,  plead guilty in federal court in Charleston to using a cell phone to facilitate the distribution of cocaine and possession of marijuana for distribution. 

During his hearing, Woods admitted that on June 8, 2011 he arranged to sell a confidential informant working with law enforcement an ounce of cocaine through telephone calls made on his cell phone.  The confidential informant travelled to Woods’ residence in Charleston where he bought an ounce of cocaine.  After the drug sale, officers executed a search warrant at Woods’ residence on Early Street and recovered 13.9 grams of cocaine, 176 grams of marijuana, and a gun. Woods admitted that he possessed the marijuana located in his house for distribution.  

Woods faces up to nine years imprisonment when he is sentenced on January 4, 2016.

The case was investigated by the Metropolitan Drug Enforcement Network Team (MDENT).  The prosecution is being handled by Assistant United States Attorney Monica D. Coleman.

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Former Owner Paula Butterfield Sentenced to One Year and One Day in Federal Prison

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Trivillian’s Pharmacy, a long-standing Kanawha City retail and compounding pharmacy, was sentenced today in federal court in Charleston to three years of probation.  Trivillian’s Pharmacy had previously entered guilty pleas on February 25, 2015, to healthcare fraud and misbranding drugs. Trivillian’s Pharmacy admitted it defrauded Medicare and Medicaid by dispensing compounded drugs while billing for more expensive brand name drugs, dispensing generic drugs while billing for more expensive brand name drugs, billing for drugs that were never dispensed and dispensing drugs that were compounded outside of a safe and clean environment.  Trivillian’s Pharmacy also admitted to dispensing compounded drugs under labels and identification numbers associated with name brand drugs.  As part of the plea, Trivillian’s Pharmacy agreed to make restitution to the Medicare and Medicaid programs in the amount of $355, 312.19**, and to forfeit an additional $355,312.19 of proceeds of the fraud schemes to the United States.

Paula J. Butterfield, the former owner and president of Trivillian’s Pharmacy was also sentenced to one year and one day in federal prison, followed by three years of supervised release.  Butterfield, who was insured by Medicare, previously pleaded guilty to causing Trivillian’s Pharmacy to bill Medicare for drugs that were never dispensed to her.  Butterfield has agreed make restitution to Medicare in the amount of $5,106.90.

Goodwin’s office has also reached a civil settlement with Trivillian’s Pharmacy under the federal False Claims Act, through which the United States recovered an additional $1.1 million for Medicare and Medicaid.  The settlement amount represents more than three times the losses suffered by these federal healthcare programs.  Between Trivillian’s Pharmacy and Butterfield, a total of more than $1.4 million will be paid through the civil settlement, criminal restitution and asset forfeiture.

Goodwin said, “Pharmacists and pharmacies hold positions of trust in our communities. Patients trust them to provide the medicines they need and bill correctly for the medicines they dispense. The crimes committed in this case represent a substantial breach of that trust. Here, the pharmacist and the pharmacy she owned were held accountable for their crimes and the programs they stole from were made whole. This should send a message to others who would engage in such conduct.”   

The investigation was conducted by the United States Health and Human Services, the FDA, the Drug Enforcement Administration, the West Virginia State Police, and the West Virginia Medicaid Fraud Control Unit. Assistant United States Attorney Eumi Choi was in charge of the prosecution.  Assistant United States Attorney John Gianola is responsible for the civil settlement. 

** The pharmacy gets credit towards restitution for this amount based on its payments to date under the civil settlement.

Charleston, W.Va. – Co-defendants Michael Richard, 30, Cassandra Washington, 24, both of Charleston, and James Harris, 23, of Detroit, Michigan, pled guilty today in federal court in Charleston to their individual roles in the sale of heroin from a home in in Elkview, West Virginia in April of 2014. Richard admitted that on April 10, 2014, he sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $120.00.Washington and Harris admitted that when agents of the MDENT executed a search warrant at the Elkview residence a short time after the controlled buy, they were both inside the residence. After seizing additional amounts of heroin, digital scales and the money that law enforcement had used to make undercover buys, Harris admitted he transported the heroin from Detroit with another individual for sale from the Elkview residence by Richard and Washington. Washington also admitted that she intended to sell the heroin provided by Harris. All three face up to twenty years imprisonment and a $1,000,000.00 fine when sentenced on December 10, 2015.

The case was investigated by MDENT.  AUSA John Frail is responsible for the prosecution.

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 heroin and 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 heroin and pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

HUNTINGTON, W.Va. – A 23-year old former Marshall University running back from Hollywood, Florida pleaded guilty today in federal court in Huntington to cyberstalking, announced United States Attorney Booth Goodwin.  Kevin LaShawn Grooms, Jr. entered a guilty plea before Chief United States District Court Judge Robert C. Chambers.

Grooms admitted to using a cell phone beginning on March 24, 2015, and continuing to the early hours of the next day to send threatening messages to his ex-girlfriend.  Grooms sent the threatening messages via Instagram and text.  Grooms’ conduct placed his ex-girlfriend in reasonable fear of death or serious bodily injury, and caused her to suffer substantial emotional distress.  An investigation conducted by the Federal of Bureau of Investigation, revealed that Grooms sent 158 messages to his ex-girlfriend within 8 hours of being released from the Western Regional Jail on March 24, 2015.  Grooms was under a Domestic Violence Protection Order at the time he sent the threatening messages.  The messages sent by Grooms consisted of photographs and attached messages that mocked the strength of domestic restraining orders, threatened his ex-girlfriend, and claiming his no-fear readiness to die. 

Grooms met his ex-girlfriend in September of 2012, when they were both enrolled at Marshall University.  Grooms admitted to engaging in a pattern of activity including stalking, threatening the use of a deadly weapon, harassing and assaulting his ex-girlfriend throughout their relationship.          

The court scheduled a sentencing hearing for Grooms on December 14, 2015.  He faces a prison sentence of two years, followed by three years of supervised release, and a maximum fine of $250,000. 

U.S. Attorney Booth Goodwin stated, “We are committed to working closely with our law enforcement partners to identify and prosecute those who use modern technology to stalk, threaten, and harass. Technology is wonderful but we will not allow it to be used as a dangerous weapon.”

 The Federal Bureau of Investigation and the Huntington Police Department conducted the investigation.  Assistant United States Attorney Lisa Johnston handled the prosecution. 

Charleston, W.Va. – Dennis Pinckney, 23, of Detroit, Michigan, was sentenced today in federal court in Charleston to seven months in federal prison to be followed by three years of supervised release.   Pinckney previously pled guilty in May of 2015 admitting that he had travelled with two other males from Detroit in June of 2014 to a residence in Rand, West Virginia with heroin that they intended to sell.  During execution of a search warrant by agents of the Metropolitan Drug Enforcement Network Team (MDENT) at the Rand home, heroin was seized along with money that had been used by law enforcement to make undercover buys of heroin. Pinckney, who was in the house when agents arrived, was arrested.  He admitted his involvement in transporting the heroin and serving as a “lookout” during drug deals.

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 heroin and 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 heroin and pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Bridgette Kelly, 23, of Charleston, was sentenced to 37 months in prison for her role in an oxymorphone distribution conspiracy.   Beginning in November of 2013 and continuing until January 30, 2014, Kelly conspired with Gregory Lindsey of Detroit, Michigan to distribute oxymorphone pills, commonly known as “Opana”, from a residence at  21A Bailes Drive in Nitro, West Virginia.   Lindsey made bi-weekly trips to and from Detroit and brought approximately 100 Opana pills each time for distribution by Kelly and others.  Kelly also made trips with Lindsey to Detroit to obtain Opana pills for distribution.  On January 30, 2014, officers executed a search warrant at the Bailes Drive residence and located a bag containing 23 30 mg oxymorphone pills, 34 40 mg oxymorphone pills, and a firearm in Lindsey’s possession. 

Today’s sentence was imposed by Chief United States District Court Judge Robert C. Chambers. 

Lindsey previously plead guilty to possession with intent to distribute oxymorphone and was sentenced to 57 months imprisonment.

The home owner, Jenifer Russell, has entered a guilty plea to maintaining a residence for the purpose of distribution and faces up to 20 years imprisonment when she is sentenced on December 7, 2015. 

Karson Williams entered a guilty plea to aiding and abetting the distribution of oxymorphone relating to a controlled buy from the Bailes Drive residence in January of 2014.  Williams is also schedule to be sentenced on December 7, 2015.

The case was investigated by the Metropolitan Drug Enforcement Network Team (MDENT).  The prosecution is being handled by Assistant United States Attorney Monica D. Coleman. 

Part of $79 Million Grant Initiative to Address National Backlog Announced Today by Vice President Biden, Attorney General Lynch and N.Y. County District Attorney

Charleston, WV – United States Attorneys Booth Goodwin (Southern District of West Virginia) and William J. Ihlenfeld, II (Northern District of West Virginia) announced today almost $3 million in grants to the State of West Virginia designed to reduce the backlog of untested sexual assault kits in West Virginia. The State of West Virginia grants include a $1,170,800 grant to the West Virginia Division of Justice and Community Services and a $1,763,281 grant to the West Virginia State Police Forensic Laboratory. The grants are part of $79 million in grant awards to 43 jurisdictions in 27 states to eliminate or reduce the number of untested sexual assault kits across the country. The grant initiative was announced earlier today in New York by Vice President Joe Biden, Attorney General Loretta E. Lynch and New York County District Attorney Cyrus Vance, Jr.

Below is the Department of Justice Press Release regarding the national announcement and attached are documents reflecting the State of West Virginia awards.

Vice President Biden and Attorney General Lynch announce $41 million grant to address national backlog of untested sexual assault kits  

Combined Total of $79 Million through Partnership with New York County DA’s Office

NEW YORK, NY – Vice President Joe Biden and Attorney General Loretta E. Lynch today announced $41 million in grant awards to 20 jurisdictions to eliminate or reduce the number of untested sexual assault kits across the country.  Today’s announcement is being announced as part of an unprecedented partnership with the New York County District Attorney’s Office (DANY) – whose own grant program is contributing $38 million to the cause for a total of $79 million to eliminate the backlog reaching 43 jurisdictions in 27 states across the country.

“Rape kits are an essential tool in modern crime fighting — not only for the victim, but, for the entire community. Studies show we solve up to 50 percent of previously unsolved rapes when these kits are tested. When we solve these cases, we get rapists off the streets. For most survivors, seeing their rapists brought to justice, and knowing that they will not return, brings peace of mind and a sense of closure. The grants we’re announcing today to reduce the national rape kit backlog will bring that sense of closure and safety to victims while improving community safety,” Vice President Biden said.

“The groundbreaking initiative we are announcing today is part of the Justice Department’s longstanding efforts to support survivors of sexual violence and to bring abusers to justice,” said Attorney General Loretta Lynch.  “For anyone who has felt isolated and afraid, left out and left behind as a result of a sexual crime, our message is clear: we will not forget you.  We will not abandon you.  You are not alone.”

The National Sexual Assault Kit Initiative, a competitive grant program administered by the Justice Department’s Bureau of Justice Assistance (BJA), supports the comprehensive reform of jurisdictions’ approaches to evidence found in sexual assault kits that have never been submitted to a crime laboratory for testing. BJA created the initiative in consultation with the National Institute of Justice (NIJ), Office for Victims of Crime, (OVC), and Office on Violence Against Women (OVW).  The goals of the initiative are to create a coordinated community response that ensures just resolution to these cases whenever possible through a victim-centered approach, as well as to build jurisdictions’ capacity to prevent conditions that lead to high numbers of untested kits. The funding awarded through DANY’s program will pay directly for testing kits, and the combined effort between BJA and DANY is projected to achieve testing of approximately 70,000 sexual assault kits. BJA and DANY partnered to reach as many jurisdictions as possible and also to identify jurisdictions where funding could be combined to adequately address kit backlogs.

The initiative is part of the Justice Department’s larger ongoing effort to comprehensively address the problem of sexual assault and to support victims.  For example, NIJ maintains a webpage on Sexual Assault Investigations, Sexual Assault Kits: Using Science to Find Solutions, which provides information ranging from improving forensic sexual assault examinations to research findings on untested evidence in sexual assault cases.  OVC provides a Sexual Assault Response Team Toolkit, which has over 1.4 million views to date and includes a checklist of recommendations for victim-centered policies and practices in developing a sexual assault response. OVW updated the National Protocol for Sexual Assault Medical Forensic Examinations and released a companion document on Recommendations for Administrators of Prisons, Jails, and Community Confinement Facilities for Adapting the U.S. Department of Justice's National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.

Since 2008, the National Institute of Justice (NIJ) has provided more than $825 million for DNA analysis in crime laboratories and for activities such as research dedicated to strengthening the accuracy and reliability of forensic science.

A complete listing of today’s federal award recipients can be found at www.bja.gov/SAKI

A complete listing of the Manhattan District Attorney’s Initiative awards can be found here.

Manhattan DA Grant Recipients (96.24 KB)

OJP to WVDJCS (67.66 KB)

 

CHARLESTON, W. Va. -  Linda Alford of Nitro West Virginia, pleaded guilty today in federal court in Charleston admitting she had defrauded the Social Security Administration, announced United States Attorney Booth Goodwin.  Alford, 65, faces ten years in prison, a fine of $250,000 and three years of supervised release when she is sentenced on December 21, 2015.  As part of her plea, Alford agreed to pay more than $130,000 in restitution.

Alford was receiving survivor benefits from the Social Security Administration after her spouse died in 1990.  In 1997, Alford remarried, which made her ineligible for the benefits. Alford did not report her change in marital status to the Social Security Administration and continued to receive the survivors benefits to which she was no longer entitled. From 1997 to 2013, Alford withdrew more than $130,000 in benefit payments and spent the money knowing that she was not entitled to it. 

The United States Social Security Administration, Office of Inspector General conducted the investigation.  Assistant United States Attorney Erik S. Goes is responsible for the prosecution.

HUNTINGTON, W.Va. – A Kentucky woman caught with a large quantity of pills during a traffic stop in Huntington in 2014 pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Karen Sue Fields, 45, entered a guilty plea in federal court in Huntington to possession with intent to distribute oxycodone and alprazolam.

On July 6, 2014, an officer with the Huntington Police Department was flagged down by a motorist on 5th Street Road in Huntington.  The motorist alerted the officer to another vehicle driving erratically on 5th Street.  The officer located the vehicle, which was operated by Fields, and conducted a traffic stop after Fields made several abrupt turns in an attempt to evade the officer.  The officer then observed multiple bags of pills in the floorboard of Fields’ vehicle.  After conducting a search, the officer located 819 30mg oxycodone tablets and in excess of 50 2mg alprazolam tablets.  Fields admitted that she had traveled from Kentucky and had purchased the pills for $17,500.  Fields also admitted that she taking the pills back to Kentucky to be delivered to another.

Fields faces up to 20 years in federal prison, and is scheduled to be sentenced on December 14, 2015.

The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that James Miller Johnson, III, 27, of Parkersburg, West Virginia pleaded guilty to a federal drug charge and being a felon in possession of a firearm.  Johnson admitted that on August 14, 2014, he sold cocaine base and heroin to a confidential informant working with law enforcement.  The drug sale took place in Parkersburg. When Johnson was arrested on the drug charge on November 19, 2014, he had a gun. Johnson was prohibited from possessing a firearm because of a prior felony drug conviction in 2009 from Ohio.  Under federal law, a convicted felon is prohibited from possessing any firearm.

Johnson faces up to 30 years in prison and a $1,250,000 fine when sentenced on December 9, 2015. 

The Parkersburg Narcotics Task Force and Vienna Police Department conducted the investigation.  Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

HUNTINGTON, W.Va. – A Detroit man who led a heroin conspiracy that funneled substantial amounts of heroin into the Huntington area between 2012 and 2014 was sentenced today to 11 years and six months in federal prison, announced United States Attorney Booth Goodwin.   Christopher Jermaine Taylor, 30, previously pleaded guilty in federal court in Huntington in February of 2015 to conspiring to distribute 100 grams or more of heroin.

Taylor admitted that between the summer of 2012 to February of 2014, he conspired with others to distribute  heroin in the Huntington area.  During the  conspiracy, shipments of heroin were frequently delivered from Michigan to Huntington at Taylor’s direction.  Taylor and his co-conspirators then utilized multiple residences in Huntington as locations from which they prepared, stored and distributed heroin. 

At Taylor’s sentencing hearing, the Court imposed enhanced penalties based on Taylor’s leadership role in the conspiracy, his maintenance of a dwelling for the purpose of distributing heroin, and his possession of a firearm during the conspiracy.  The Court also found that the organization was responsible for the distribution of over 2 kilograms of heroin in the Huntington area.

Others convicted for their roles in the conspiracy include Bryant Donavan Taylor of Detroit who received 78 months in federal prison, Kenneth D. Bowden of Detroit who received 97 months in federal prison, Robert Lamar Payne of Detroit who received 87 months in federal prison, Derrick Wayne Goodwin of Detroit who received 74 months in federal prison, and Lakeisha Sherrell Williams of Detroit who received 37 months in federal prison.  Darius Jerome Perry of Detroit is scheduled to be sentenced on September 28, 2015.

The Huntington FBI Drug Task Force conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 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.

HUNTINGTON, W.Va. – A Detroit man who participated in a heroin distribution conspiracy between 2013 and 2015 pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Sean L. Gist, 21, entered a guilty plea in federal court in Huntington to conspiring to distribute 100 grams or more of heroin.

From at least December of 2013 to January of 2015, Gist participated in a conspiracy that transported heroin from Detroit to Huntington for distribution.  Once in Huntington, Gist provided heroin to others for distribution from multiple residences in Huntington.  Gist also distributed heroin himself and arranged the sale of heroin to a confidential informant on January 28, 2015.  Gist admitted during the plea hearing that he possessed a firearm in connection with the conspiracy.

Multiple others have been convicted for their respective roles in the conspiracy including Paul A. Roberts, who pleaded guilty to maintaining a residence for the distribution of heroin in March 2015, Ramone L. Wells, who pleaded guilty to conspiracy to distribute heroin in June 2015, Pricilla Lee Dylan, who pleaded guilty to maintaining a residence for the distribution of heroin in August 2015, Dustin S. Barton, who pleaded guilty to distributing heroin in August 2015, Kenneth E. Baxter, who pleaded guilty to distributing heroin in August 2015, and Coty S. Richardson, who pleaded guilty to attempting to possess with intent to distribute 100 grams or more of heroin in August 2015,

Gist faces up to 20 years in federal prison, and is scheduled to be sentenced on December 14, 2015.

The Huntington FBI Drug Task Force, United States Postal Service, West Virginia State Police and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

Charleston, W.Va. – United States Attorney Booth Goodwin announced that William Harrison Meade, 47, of Branchland, West Virginia, plead guilty in federal court in Charleston today to conspiring to distribute oxycodone.  During his plea hearing, Meade admitted that from January of 2010 through January 11, 2011, he conspired with individuals in Florida and Lincoln County, West Virginia, to distribute oxycodone, also known as “Roxycodone.”   Meade also admitted that he laundered the proceeds of the drug sales through a bank account controlled by his associate in West Virginia for withdrawal in Florida in an effort to conceal the source of the cash, the source of the pills, and the location of the drug proceeds.

Meade admitted that beginning in January of 2010 and continuing until January of 2011, Lester Taylor acquired oxycodone pills in Florida and used various methods, including shipment via common carrier and personal trips to West Virginia to deliver the oxycodone pills to Lincoln County for distribution by Meade.  After Meade sold the oxycodone pills, he deposited the drug proceeds into bank accounts in Barboursville and Huntington.  Following the deposits in West Virginia, Taylor or others acting on his behalf withdrew the money in Florida.

From May 17, 2010 through January 8, 2011, Taylor sent 15 priority overnight packages containing oxycodone pills to Meade at his home in Branchland. Law enforcement intercepted the last package on January 8, 2011, which contained 1000 30 mg oxycodone pills.

From October 13, 2010 through December 3, 2010, Meade deposited $149,500.00 in drug proceeds into Taylor’s Fifth Third Bank account at the Huntington, West Virginia branch.

Meade faces up to 20 years imprisonment when he is sentenced on January 20, 2016.

Lester Taylor previously entered a guilty plea to conspiracy to distribute oxycodone and conspiracy to money launder and faces up to 40 years imprisonment when he is sentenced on October 19, 2015.

The West Virginia State Police, the IRS-CID, and the Metropolitan Drug Enforcement Network Team were in charge of the investigation.  Assistant United States Attorney Monica D. Coleman is handling the prosecution.

These cases were 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. 

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Brian Keith Conley, 42, of Logan, was sentenced today in federal court in Charleston for making a false statement in connection with an attempt to acquire firearms.  Conley was sentenced to serve one month in federal prison followed by three years of supervised release, seven months of which will be spent on home confinement. 

Conley previously pleaded guilty and admitted that on October 29, 2014 when trying to retrieve guns he had pawned at a local pawn shop, he completed a required federal form on which he denied that he had ever been convicted of domestic violence. Conley knew, however, that he had been previously convicted of domestic battery in Logan County Magistrate Court of domestic battery. Conley was unable to retrieve the guns from the pawn shop, and law enforcement was alerted to Conley’s unlawful possession of firearms and his attempt to retrieve them from the pawn shop.

The United States Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney C. Haley Bunn handled the prosecution.

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.

 

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Brian Keith Dunnigan, 46, of Charleston, West Virginia, pleaded guilty in federal court in Charleston to possession with intent to distribute 50 or more grams of methamphetamine. 

On April 8, 2015, officers with the Metropolitan Drug Enforcement Network Team (MDENT) conducted a knock and talk at a residence where Dunnigan was staying. Officers recovered over 100 grams of methamphetamine, over 50 grams of heroin, and cash from the residence. Dunnigan admitted that the drugs and cash were his and stated that for approximately two months he had been receiving heroin and methamphetamine from a source in Ohio and distributing it in Kanawha County.

Dunnigan also admitted that on May 6, 2015, he was present in a house in Charleston where Charleston Police Department officers were executing a search warrant. On that day, Dunnigan had a loaded .38 caliber hand gun. Dunnigan was prohibited from possessing any firearm because he had previously been convicted of two felonies and had not had his rights to possess a firearm restored.

Dunnigan faces up to 40 years in federal prison when he is sentenced on December 8, 2015.

The investigation was conducted by MDENT, the Charleston Police Department, and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Haley Bunn is handling the prosecution.

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 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 was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Karson Williams, 21, of Charleston, entered a guilty plea today to aiding and abetting the distribution of oxymporphone.  During his plea hearing, Williams admitted that on January 14, 2014, he sold a confidential informant working with law enforcement a 40 mg oxymorphone pill, which is commonly known as “Opana”, in exchange for $80.00.  The drug deal took place at 21A Balies Drive in Nitro, West Virginia.  Williams admitted that he aided and abetted Bridgette Kelly in the drug sale.

Bridgette Kelly previously entered a guilty plea to conspiracy to distribute oxymorphone and is schedule to be sentenced on September 14, 2015.

Williams faces up to 20 years imprisonment when he is sentenced on December 7, 2015, by Chief United States District Court Judge Robert C. Chambers.

Jennifer Russell, who leased the residence at 21A Bailes Drive, also entered a guilty  plea in federal court today, to one count of knowingly maintaining a residence for the purpose of distributing oxymorphone and faces up to 20 years imprisonment.  Russell is set to be sentenced on December 7, 2015.

These cases were investigated by the Metropolitan Drug Enforcement Network Team and the prosecution is being handled by Assistant United States Attorney Monica D. Coleman.  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 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.

HUNTINGTON, W.Va. – Two men who participated in a heroin conspiracy between 2012 and 2014 pleaded guilty today to federal drug charges, announced U.S. Attorney Booth Goodwin.  Kenneth E. Baxter, 25, of Detroit entered a guilty plea to distributing heroin.  Coty S. Richardson, 24, of South Point, entered a guilty plea to attempting to possess with intent to distribute 100 grams or more of heroin.  Both hearings were held in federal court in Huntington before Chief United States District Judge Robert C. Chambers. 

From at least November of 2012 to December 8, 2014, Baxter led a conspiracy that involved the transportation of heroin from Detroit to Huntington for distribution.  Once in Huntington, Baxter provided heroin to others, including Richardson, for distribution from multiple residences in the Huntington area.  Baxter was also personally engaged in the distribution and sold heroin to confidential informants on four separate occasions between April and December 2014.

One of the residences secured by the group was at 403 Homestead Place in Huntington.  Richardson arranged for the lease of the residence and the residence was used to prepare and distribute heroin.  On December 6, 2014, a postal inspector with the United States Postal Inspection Service intercepted a package addressed for the residence containing approximately 230 grams of heroin.  Agents delivered the package that day and executed a search warrant at the residence after the package was accepted.  When agents entered the residence, Richardson was observed throwing the package from a second floor window.  When Richardson was arrested, agents seized heroin, paraphernalia used to package and distribute heroin, and firearms from the residence.

Multiple others have been convicted for their respective roles in the conspiracy including Paul A. Roberts, who pleaded guilty to maintaining a residence for the distribution of heroin in March 2015, Ramone L. Wells, who pleaded guilty to conspiracy to distribute heroin in June 2015, Pricilla Lee Dylan, who pleaded guilty to maintaining a residence for the distribution of heroin in August 2015, and Dustin S. Barton, who pleaded guilty to distributing heroin in August 2015.

Baxter faces up to 20 years in federal prison, and is scheduled to be sentenced on November 30, 2015.  Richardson faces up to 40 years in federal prison when he is sentenced on November 30, 2015.

The Huntington FBI Drug Task Force, United States Postal Service, West Virginia State Police and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

CHARLESTON, W.Va. – A Putnam County man pleaded guilty today to five federal drug charges, announced U.S. Attorney Booth Goodwin.  Christian Garrett Thornton, 29, of Bancroft, pleaded guilty in federal court in Charleston to four counts of distributing oxymorphone and one count of possessing oxymorphone with the intent to distribute it.  Thornton admitted that on four occasions between February 24 and March 23, 2015, he sold Opana pills in Kanawha and Putnam Counties to a cooperating individual working with law enforcement.  Thornton further admitted to possessing additional Opana pills on March 25, 2015, that he intended to distribute.

Thornton faces up to twenty years of imprisonment on each count when he is sentenced on January 13, 2016. 

The investigation was conducted by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution.

This case 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District. 

HUNTINGTON, W.Va. – A Huntington man who possessed and sold oxycodone in 2013 pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Tracey Lee Gibson, 36, entered a guilty plea in federal court in Huntington to possession with intent to distribute oxycodone.

On March 26, 2013, agents with the Drug Enforcement Administration executed a search warrant at Gibson’s residence at 1608 Madison Avenue in Huntington.  During the search, agents recovered 43 oxycodone pills that Gibson intended to sell.  Prior to the search, Gibson assisted in the sale of oxycodone to a DEA confidential informant on three occasions in February and March of 2013. 

Gibson faces up to 20 years in federal prison, and is scheduled to be sentenced on November 30, 2015.

The Drug Enforcement Administration conducted the investigation.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Gary Brian Adams, 35, of Logan, West Virginia was sentenced today in federal court in Charleston to 37 months in federal prison for being a convicted felon in possession of three firearms.  In May of 2013, officers with the West Virginia State Police and the Logan County Sheriff’s Department responded to a home near Chapmanville and recovered three firearms that Adams had stored in the home.  Adams has two prior felony drug trafficking convictions from Logan County, so he is prohibited by federal law from possessing firearms.

This case was investigated by the West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.    

CHARLESTON, W.Va. –A Logan County man who wrote threatening letters while incarcerated was sentenced today to five years in federal prison, announced United States Attorney Booth Goodwin.  Kelly Gerald Crosby, 32, previously pleaded guilty in federal court in Charleston to mailing threatening communications.

On September 8, 2014, Crosby was incarcerated at the Southwestern Regional Jail on state criminal charges relating to the use of minors in filming sexually explicit conduct.  While incarcerated, Crosby mailed a letter addressed and delivered to the Logan County Courthouse, in which he made several threats to workers, public officials and others in the Logan County area. The threats included a list of people who he wanted to “kill, rape and make suffer.”

The investigation was conducted by the United States Postal Inspector’s Service, the United States Secret Service, the Logan County Sheriff’s Department, and the West Virginia State Police.  Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. 

Charleston, W.Va. – United States Attorney Booth Goodwin announced today that William Leslie Toler, 29, of Logan, West Virginia entered a guilty plea to distribution of oxymorphone, commonly known as “Opana”.  During his plea hearing, Toler admitted that on April 10, 2014, he sold a 40 mg Opana pill to a confidential informant working with law enforcement for $65.00.  The drug sale took place at a residence new Chapmanville in Logan County, West Virginia.

Toler faces up to 20 years imprisonment when he is sentenced on January 6, 2016.

This case was invested by the US 119 Drug Task Force, Logan County Sheriff's Department, WVSP-BCI-Charleston, Chapmanville Police Department, DEA- Charleston Office, IRS Criminal Investigation- Charleston Office, and WVSP Logan Detachment. 

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

Charleston, W.Va. –  United States Attorney Booth Goodwin announced that Michael Ealm, 36, of Charleston, pleaded guilty today in federal court in Charleston to distribution of heroin.  On three occasions in January, February, and March of 2015, Ealm sold heroin to an individual working as a confidential informant for the Metropolitan Drug Enforcement Network Team (MDENT). On March 4, 2015, MDENT officers executed a search warrant at Ealm’s residence in Charleston. When the officers entered the residence, Ealm was trying to flush some of the heroin down the toilet. Officers recovered additional heroin from the residence, and Ealm gave a statement admitting that he had been selling heroin in the Charleston area since January of 2015.

Ealm faces up to 20 years in federal prison when he is sentenced on December 7, 2015. United States District Judge John T. Copenhaver, Jr. is presiding over the case. MDENT conducted the investigation.  Assistant United States Attorney Haley Bunn is responsible for the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

CHARLESTON, W.Va. – A Parkersburg man who possessed heroin and cocaine in his home and a rented storage unit was sentenced today to eight years in federal prison, United States Attorney Booth Goodwin announced.  Dustin Keith Jarvis, 34, of Parkersburg, West Virginia previously pleaded guilty in April to possession with intent to distribute cocaine. 

On April 23, 2014 drug task force officers searched Jarvis’ apartment and a storage unit in Mineral Wells.  They seized more than 120 grams of cocaine, approximately 400 grams of heroin, and more than $12,000 cash. This case is part of a larger cooperative investigation by drug task forces in Wood County, West Virginia and Washington County, Ohio.

Other individuals prosecuted in federal court as part of this investigation include Brent J. Sidwell who pleaded guilty on April 24, 2015 to conspiracy to distribute more than 100 kilograms of marijuana,  Timothy Fields who was sentenced to six years in federal prison for conspiracy to distribute cocaine and marijuana, and David Naylor who pleaded guilty to conspiracy to distribute marijuana.

This prosecution is a result of the ongoing cooperation between the Parkersburg Drug & Violent Crime Task Force, Washington County, Ohio Major Crimes Task Force, and the Internal Revenue Service.  Assistant United States Attorney, Joshua Hanks handled the prosecution.  The sentence was imposed by District Judge John T. Copenhaver, Jr.

This case 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District. 

efield, W.Va. –United States Attorney Booth Goodwin announced today that a federal inmate was sentenced by Senior United States District Judge David A. Faber in Bluefield.  Rico Joy, 34, was sentenced to 15 months in federal prison for possession of contraband by an inmate.  Joy pled guilty in July of 2015, admitting that on April 21, 2015, he had a handcrafted weapon known as a “shank” while he was serving a sentence at the Federal Correctional Institution at McDowell.  The sentence imposed by Judge Faber will run consecutively to the 240-month sentence Joy is serving for being a felon in possession of a firearm.

The case was investigated by the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney John File. 

HUNTINGTON, W.Va. – A Hurricane man who threw guns from his car during a traffic stop on I-64 was sentenced today to five years in federal prison, announced United States Attorney Booth Goodwin.  John Anthony Roberts, 47, plead guilty May of 2015 in federal court in Huntington to obstruction of justice. 

On July 20, 2014, Roberts was traveling on I-64 in Barboursville when a West Virginia State Trooper attempted to stop of his vehicle.  Roberts refused to stop and attempted to evade the Trooper.  While fleeing from the Trooper, Roberts threw two guns from his moving vehicle.  During his guilty plea, Roberts admitted that he threw the guns from his car in an attempt to hide them because he was aware that he was prohibited under federal law from possessing a firearm. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives and West Virginia State Police conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.

HUNTINGTON, W.Va. – A Huntington woman who brought a concealed weapon into the federal building in Huntington pleaded guilty today in federal court, announced United States Attorney Booth Goodwin.  Whitney H. Borders, 29, entered a guilty plea before Chief Judge Robert C. Chambers to unlawful possession of a firearm by a convicted felon.

 On May 28, 2015, Borders entered the federal courthouse and approached the security post to be screened for entry into the building.  While Borders was being screened, security officers found a .22 caliber pistol in a purse Borders was carrying.  Borders was prohibited from possessing a firearm based on a previous felony conviction in Cabell County.

Borders faces up to 10 years in federal prison, and is scheduled to be sentenced on November 23, 2015.

The United States Marshals Service and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joseph F. Adams is responsible for the prosecution.

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.

HUNTINGTON, W.Va. – A Huntington man who sold heroin to a confidential informant on multiple occasions in 2014 was sentenced today to one year in federal prison, announced United States Attorney Booth Goodwin.  Tayvon Mykal Gaulds, 21, previously pleaded guilty in federal court in Huntington in May of 2015 to distributing heroin.

On November 12, 2014, Gaulds arranged to sell heroin to a confidential informant working at the direction of the Huntington FBI Drug Task Force.  Gaulds met the informant in the 1800 block of 9 1/2 Alley in Huntington and sold the informant approximately 5 grams of heroin in exchange for $650.  Gaulds also distributed heroin to the informant on two other occasions in Huntington.

The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

Charleston, W.Va. – A 58-year old Kanawha County man, Ronnie Eugene Naylor, was sentenced to 97 months in federal prison followed by 15 years of supervised release for possessing child pornography, United States Attorney Booth Goodwin announced.    The sentence was handed down by  United States District Judge John T. Copenhaver, Jr. 

Naylor previously admitted that on April 10, 2014, he possessed over 600 images and videos of prepubescent minors engaged in sexual acts.  The videos were stored on his personal computer located at his Elkview home. The investigation revealed that Naylor was using two peer-to-peer file sharing programs to share child pornography via the Internet.  Some of the videos possessed by Mr. Naylor depict a prepubescent minor engaged in sadistic or masochistic conduct or other depictions of violence.  “We will make every effort to ensure that our children are not the victims of such depravity” said Goodwin.  “The sentence in this case reflects the seriousness of the offense, and society’s intolerance of victimizing children.”  

The West Virginia State Police and the West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Lisa G. Johnston was in charge of the prosecution.

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Former Freedom Presidents Gary Southern and Dennis Farrell

Admit to Federal Environmental Crimes in Elk River Chemical Spill

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that the final defendants charged in connection with the January 2014 Elk River chemical spill pleaded guilty in federal court. Gary Southern, 53, the president of Freedom Industries, Inc., at the time of the spill, pleaded guilty today to violating the federal Clean Water Act, negligently discharging refuse matter in violation of the federal Refuse Act, and failing to have a pollution prevention plan. Dennis P. Farrell, 58, a former Freedom president and owner, pleaded guilty Tuesday to violating the federal Refuse Act and failing to have a pollution prevention plan. Freedom and four other Freedom officials previously pleaded guilty to environmental crimes in March 2015.

“This should serve as a wakeup call to those who operate chemical storage facilities near our precious water resources. If you place our water at risk, you face prison time,” Goodwin said. “As I said when these individuals were charged, this spill, which was completely preventable, happened to take place in this district, but it could have happened anywhere. If we don’t want it to happen again, we need to make it crystal clear that those who engage in this kind of criminal behavior will be held accountable. That’s exactly what we have done through these prosecutions.”

Freedom Industries, Inc., and six former Freedom officials—including Farrell and Southern—were charged in December 2014 with various federal crimes related to the January 2014 Elk River chemical spill in Charleston, W.Va., which ultimately affected the water supply of more than 300,000 people.

Southern faces a mandatory minimum of 30 days and up to three years in federal prison when he is sentenced on December 16, 2015. Farrell faces a mandatory minimum of 30 days and up to two years in federal prison when he is sentenced on December 14, 2015.

Southern and Farrell’s criminal conduct included:

•         failure to properly maintain the containment area surrounding the tanks at Freedom’s Elk River facility and to make necessary repairs to ensure the containment area would contain a chemical spill;

•         failure to properly inspect a tank containing the chemical MCHM;

•         failure to develop and implement a spill prevention, control and countermeasures plan; and

•         failure to develop and implement a stormwater pollution prevention plan and groundwater protection plan, both requirements of a National Pollutant Discharge Elimination System Permit.

William E. Tis of Verona, Pa., and Charles E. Herzing of McMurray, Pa., former owners of Freedom, each pleaded guilty in March 2015 to one count concerning the negligent discharge of refuse matter in violation of the federal Refuse Act. They each face a mandatory minimum of 30 days and up to a year in federal prison. Tis is set to be sentenced December 2, 2015. Herzing is set to be sentenced December 3, 2015.

Freedom environmental consultant Robert J. Reynolds of Apex, N.C., and tank farm plant manager Michael E. Burdette of Dunbar, W. Va., were charged separately with violating the federal Clean Water Act. They each pleaded guilty to those charges in March 2015. They each face up to one year in prison. Reynolds is set to be sentenced December 7, 2015. Burdette’s sentencing is set for December 9, 2015.

Freedom Industries itself, which has been in bankruptcy since shortly after the spill, was charged with violating the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. A representative of the corporation entered a guilty plea to those charges on its behalf in March 2015. Freedom is set to be sentenced December 10, 2015.

 

CHARLESTON, W.Va. –  U.S. Attorney Booth Goodwin, along with other federal and state law enforcement officials, will hold a press conference in Charleston on WEDNESDAY, AUGUST 19, 2015 at noon to discuss cases and events stemming from the investigation of the January 2014 Elk River chemical spill in Charleston.

WHO: U.S. Attorney Booth Goodwin, along with other state and federal law enforcement officials

WHAT:  Press conference concerning investigation and prosecutions arising from January 2014 Elk River chemical spill in Charleston

WHERE:  Robert C. Byrd U.S. Courthouse, 300 Virginia Street, East, Fifth Floor, Charleston, WV 25301

WHEN:  WEDNESDAY, August 19, 2015 at noon  

Beckley, W.Va. – United States Attorney Booth Goodwin announced that a female inmate pled guilty yesterday in federal court in Beckley to escaping from a federal correctional facility.  Patricia Alfieri, 54, admitted that she escaped from the Federal Prison Camp at Alderson, a federal prison for women, on June 18, 2015.  Alfieri was captured in Lewisburg on June 28, 2015.  At the time of her escape, Alfieri was serving a 41-month sentence imposed by a federal court in New York for  mail fraud and making a false tax return.  As a result of her escape, Alfieri faces up to five additional years in prison when she is sentenced on November 18, 2015.

This case was investigated by the United States Marshal Service and the Federal Bureau of Prisons.  Assistant United States Attorney John File is handling the prosecution.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Charles Corey Michael, 32, of Charleston, West Virginia was sentenced today in federal court in Charleston to 27 months in prison for being a convicted felon in possession of a firearm.  Michael previously pled guilty to this charge in May of 2015.  In March of 2015, officers with the Charleston Police Department executed a search warrant at Michael’s apartment on Charleston’s East End and recovered several firearms and heroin.  Michael is prohibited by federal law from possessing any firearms because of a prior felony drug conviction in Ohio.

This case was investigated by the Charleston Police Department. The case is part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.