Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Gerri Raye Parker, 30, of Parkersburg, West Virginia, was sentenced to 27 months in federal prison.

In October 2014, Parker pleaded guilty to using a communications device to facilitate a drug trafficking crime. She admitted that on Oct. 24, 2013, she received a call from a known heroin dealer warning her that police were conducting a roundup and arresting members of the dealer’s organization. The dealer told Parker to remove drugs and other evidence he had hidden in her apartment.

Parkersburg Narcotics and Violent Crimes Task Force personnel were conducting surveillance of Parker’s apartment when they observed her carry a bag to the rear of the building. Upon recovering the bag, police found approximately 100 grams of heroin, 62 grams of cocaine, scales and packaging material.

This case was part of a larger investigation that has resulted in the arrest and prosecution of several individuals involved in heroin trafficking between Marion, Ohio, and Parkersburg. Those prosecuted include Marion Felder, sentenced to 84 months for distribution of heroin; Keith Irons, 18 months for distribution of heroin; Cordaro Robert Johnson, 44 months for distribution of heroin; Zina Wakefield, three years’ probation for aiding and abetting heroin distribution; and Daquarri Tamara Coats, eight months’ time served and three years’ probation for distribution of heroin.

United States District Judge Thomas E. Johnston imposed the sentence.

This case was investigated by the Parkersburg Narcotics and Violent Crimes Task Force. Assistant United States Attorney Josh Hanks was in charge of the prosecution.

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Huntington, W.Va. – United States Attorney Booth Goodwin announced today George Antonio Newman, 37, of Huntington, West Virginia, was sentenced to 51 months in federal prison.

In May 2014, Newman pleaded guilty to possession of cocaine with intent to distribute. On April 15, 2013, members of the Drug Enforcement Agency found one ounce of cocaine while searching Newman’s residence in the 1300 block of 18th Street in Huntington. Newman admitted he intended to distribute the cocaine. Agents also seized a loaded handgun found with the cocaine.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Drug Enforcement Agency and Huntington Police Department. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Dwight McVernon Green, 24, of Huntington, West Virginia, was sentenced to nine years in federal prison.

In October 2014, Green pleaded guilty to possession of heroin and cocaine for resale. On July 10, 2014, Green was stopped by a Huntington Police Department officer for speeding, and was ultimately arrested for driving under the influence of alcohol.

During a subsequent search of the vehicle, a loaded pistol with a chambered round, nearly $60,000 and a box of clear plastic baggies were found. In the trunk were two plastic bags containing around 104 grams of cocaine and around 50 grams of heroin.

Green was sentenced to 87 months for the drug charge, with an additional 21 months for violation of supervised release, which he was on when he committed the July 2014 offense. The sentences will run consecutively.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Huntington Violent Crimes and Drug Task Force. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Robert Gene Small, 54, of Huntington, West Virginia, was sentenced to 32 months in federal prison.

In September 2014, Small pleaded guilty to being a felon in possession of a firearm. On Aug. 4, 2013, members of the Huntington Police Department responded to a shots fired call at Marcum Terrace in Huntington. Once there, the officers learned that Small and a female were both armed, and had left the area in a vehicle. When the HPD later stopped the vehicle, an officer saw a rifle lying in the back seat. A further search uncovered another rifle, and a loaded revolver.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Kenneth Ray Cisco, 50, of Lesage, West Virginia, pleaded guilty to aiding and abetting the distribution of oxycodone.

Cisco, owner of defunct Cisco Trucking, admitted to exchanging oxycodone pills for tractor-trailer tires. On March 14, 2013, an undercover federal agent traveled to Cisco Trucking in Huntington, West Virginia, to meet with Cisco for the purposes of conducting a pre-arranged oxycodone transaction.

The undercover agent met with Cisco and another individual at Cisco Trucking to exchange six tires for oxycodone. Cisco provided the other individual with 31 oxycodone pills, and directed the undercover agent to unload the tires. The individual distributed the pills to the agent after the tires were unloaded.

The agent requested two additional oxycodone pills from Cisco, who provided them to the third individual, who then distributed them to the agent. In total, the agent received 29 15-mg and 4 30-mg oxycodone pills in exchange for the tires.

Cisco faces up to 20 years in federal prison, and a $1 million fine. He is scheduled to be sentenced on May 11, 2015.

Chief United States District Judge Robert C. Chambers presided over the plea hearing.

The case is being investigated by the Drug Enforcement Agency. Assistant United States Attorney Joe Adams is in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Marcus Graves, 37, of Beckley, West Virginia, was sentenced to 48 months in federal prison.

In October 2014, Graves pleaded guilty to using a communications device to facilitate a drug crime. He admitted that on Jan. 13, 2014, he made a call to Kenneth Newman, who pleaded guilty to drug charges in federal court in May 2014, stating that he wanted to “bring some bread,” and that he would “take two.” Graves made the call to order around two ounces of marijuana.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Drug Enforcement Agency and Huntington Police Department. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Richard Canterbury, 50, of Lewisburg, West Virginia, pleaded guilty to abusive sexual contact involving a ward.

Canterbury, a former Federal Bureau of Prisons employee, admitted that while he was working as a supervisor in the garage at the Federal Prison Camp in Alderson, West Virginia, he intentionally touched the breasts of a female inmate on one occasion in early 2014.

Canterbury faces up to two years in prison, and a fine of $250,000. He is scheduled to be sentenced on May 13, 2015.

United States District Judge Irene C. Berger presided over the plea hearing.

This case is being investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. Assistant United States Attorney John File is in charge of the prosecution.

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BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Boyd Wendell Clark, 31, of Daniels, West Virginia, pleaded guilty in federal court to distribution of oxycodone.

Clark admitted that on Oct. 1, 2014, he sold oxycodone to a confidential informant at Pine Grove Circle in Daniels.

Clark faces up to 20 years in federal prison, and a $1 million fine. He is scheduled to be sentenced May 13, 2015.

United States District Judge Irene C. Berger presided over the hearing.

The case is being investigated by the Beckley/Raleigh County Drug and Violent Crime Unit.

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 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.

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CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that two men were found guilty by a federal jury, following a nearly three week trial at the Robert C. Byrd United States Courthouse in Charleston.

Darrell E. Gillespie, 29, of Smyrna, Georgia; and Jamaa I. Johnson, 34, of Wytheville, Virginia; were found guilty of conspiracies to commit armed robbery and to use firearms in crimes of violence, as well as offenses relating to obstruction of justice.

The conspiracy involved armed robberies dating back to the fall of 2011 in Pittsburgh. Gillespie, joined by co-defendants Brandon Davis and Robert Barcliff, traveled to Pittsburgh to rob a drug dealer that Davis knew. After the robbery, the men came back to Charleston to split up marijuana stolen in the robbery.

Over the next four months, Gillespie, or his co-conspirators, participated in six more robberies in West Virginia and Virginia. All involved firearms, and during the Jan. 18, 2012 robbery of Cabell Franklin in Charleston, committed by at least Robert Barcliff and Brandon Davis, Cabell Franklin was shot in the leg and stabbed.

Throughout the trial, multiple victims and co-conspirators of Johnson and Gillespie took the stand to testify against the two men. Barcliff, Davis and Glenn all testified to the defendants’ involvement in the robberies, the use of firearms and the conspiracy to commit the crimes. Barcliff and Megan Smith, Johnson’s ex-girlfriend, also testified to the defendants’ efforts to cover up the crimes.

Barcliff testified that he and Gillespie worked out a false alibi for a robbery that took place March 22, 2012, in Bristol, Virginia. The two men planned to use a female friend, who was uninvolved in the crimes, to say she had been with Gillespie that entire night. The friend said she received calls from a person identifying himself as DJ, a known nickname for Gillespie, who asked her to provide a false alibi for him.  She refused.

Johnson was found guilty of witness tampering by attempting to use Smith, his ex-girlfriend, to craft his false alibi. Smith said Johnson sent her a letter requesting her to “please get this prepared” and “I need you to really remember that trip you took to see me.” He was referring to a fake trip to Richmond, Virginia, but Smith confirmed that trip never happened, and that she drove him instead to Charleston on January 18, 2012, the day of the Franklin robbery, so he could destroy evidence.

Gillespie faces a mandatory minimum sentence of 30 years, and up to life, in prison when he is sentenced on May 6, 2015.  Johnson faces up to 45 years in prison when he is sentenced on May 6, 2015.

United States District Judge Thomas E. Johnston presided over the trial.

The case was investigated by the Federal Bureau of Investigation, South Charleston Police Department and Charleston Police Department. Assistant United States Attorneys Monica D. Coleman, Meredith Thomas and Timothy Boggess were in charge of the prosecution.

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CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Chandra Ross, 30, of Charleston, was sentenced to 84 months in federal prison, followed by three years of supervised release.

In October 2013, Ross pleaded guilty to possession with intent to distribute heroin. In March 2014, she also pleaded guilty to possession of a firearm with an obliterated serial number, and possession of a firearm in furtherance of her drug trafficking.

United States District Judge Thomas E. Johnston imposed the sentence.

The case was investigated by the Kanawha Bureau of Investigation. Assistant United States Attorney Steve Loew was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Justin M. Kent, 32, of Richmond, Virginia, was sentenced to 30 months in federal prison.

Kent pleaded guilty to possession with intent to distribute heroin in October 2014. During a traffic stop on Aug. 14, 2012, members of the Huntington Violent Crime and Drug Task Force found Kent to be in possession of 10 individually wrapped packets of heroin. Kent was also involved in sales of heroin to a confidential informant on two separate occasions in May and June 2012.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Mark R. Tabb, 46, of Huntington, West Virginia, was sentenced to 30 months in federal prison.

Tabb pleaded guilty to possession with intent to distribute heroin in October 2014. During a search of his home in the 500 block of 4th Avenue on Aug. 12, 2012, Tabb was found to be in possession of more than 10 grams of heroin, which he intended to sell.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Eric Lawrence Silverstein, 39, of Huntington, West Virginia, pleaded guilty to distribution of oxymorphone.

Silverstein admitted that he made multiple sales of oxymorphone to a confidential informant.

On July 25, 2014, the informant arranged a controlled buy of 10 40-mg oxymorphone pills through Silverstein. Silverstein drove the informant to the 1400 block of 4th Avenue in Huntington, where a third individual entered the vehicle and sold the informant the pills for $600.

On July 28, 2014, the same informant arranged a similar purchase through Silverstein. The informant purchased eight 40-mg oxymorphone pills for $480.

Silverstein faces up to 20 years in federal prison and a $1 million fine. He is scheduled to be sentenced on April 27, 2015.

Chief United States District Judge Robert C. Chambers presided over the hearing.

The case is being investigated by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Greg McVey is in charge of the prosecution.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Demarco R. Bradberry, 37, of Detroit, pleaded guilty to being a felon in possession of a firearm, and was subsequently sentenced to 66 months in federal prison.

After responding to a call at a Red Roof Inn on U.S. Route 60 in Huntington, deputies with the Cabell County Sheriff’s Department approached Bradberry as he exited a room. A search of the room uncovered a Smith and Wesson .38-caliber revolver.

Bradberry had been prohibited from possessing any firearm due to four prior convictions in Detroit. They include drug convictions in April and November 1995, and weapons violations in December 2001 and May 2008.

Chief United States District Judge Robert C. Chambers imposed the sentence.

This case was investigated by the Cabell County Sheriff’s Department, with assistance from the Federal Bureau of Investigation. Assistant United States Attorney Joe Adams was in charge of the prosecution.

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BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Marvin Gillespie, 62, of Bluefield, West Virginia, was sentenced to six months in federal prison.

Gillespie pleaded guilty in September 2014, to distribution of hydromorphone. He admitted that on Feb. 6, 2014, he distributed two hydromorphone pills to a confidential informant in Bluefield.

The case was investigated by the Southern West Virginia Drug and Violent Crime Task Force. Assistant United States Attorney John J. File was in charge of the prosecution.

Goodwin also announced that Samuel Miller, 60, of Bluefield, pleaded guilty to distribution of hydromorphone. Miller admitted that on Aug. 28, 2014, he distributed hydromorphone pills to a confidential informant in Bluefield.

Miller faces up to 20 years in federal prison, and a $1 million fine. He is scheduled to be sentenced on May 28, 2015.

The case is being investigated by the Southern West Virginia Drug and Violent Crime Task Force. Assistant United States Attorney John J. File is in charge of the prosecution.

Senior United States District Judge David A. Faber presided over both cases.

Both cases are part of the Bluefield Pill Initiative, one component 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.

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BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Lindsey Dale Bowling, 30, of Princeton, West Virginia, pleaded guilty to possession of child pornography.

Bowling admitted that on Nov. 22, 2013, he possessed images and videos of prepubescent minors engaged in sexual acts. The images were contained on his personal computer, as well as on multiple storage disks located in his residence in Princeton.

Bowling faces up to 20 years in federal prison. He is scheduled to be sentenced on May 28, 2015.

Senior United States District Judge David A. Faber presided over the plea hearing.

The case is being investigated by the West Virginia Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.

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

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BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that two North Carolina men pleaded guilty to distribution of crack cocaine.

Anthony Kearse, 39, of High Point, North Carolina, admitted that on Sept. 1, 2011, he sold crack cocaine to a confidential informant in exchange for $200 at an apartment building in Welch, West Virginia.

Chad Commander, 26, of High Point, North Carolina, admitted that on Dec. 2, 2011, he sold crack cocaine to a confidential informant in Welch.

Both men face up to 20 years in federal prison and a $1 million fine. They are scheduled to be sentenced on May 28, 2015.

Senior United States District Judge David A. Faber presided over the plea hearing.

The case is being investigated by the Drug Enforcement Administration, McDowell County Sheriff’s Office, Southern Regional Drug Task Force and the United States Marshals Service. Assistant United States Attorney John Frail is in charge of the prosecution.

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BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Kevin Edmonds, 34, of Raleigh, West Virginia, pleaded guilty in federal court to possession with intent to distribute oxycodone.

Edmonds admitted that on Oct. 3, 2014, he possessed oxycodone, with intent to deliver to a confidential informant. On Oct. 3, law enforcement officers executed a search warrant at Edmonds home on Burmeister Avenue in Beckley, where they found oxycodone. 

Edmonds faces up to 20 years in federal prison and a $1 million fine. He is scheduled to be sentenced on April 30, 2015.

United States District Judge Irene C. Berger presided over the plea hearing.

The case is being investigated by the Beckley/Raleigh County Drug and Violent Crime Unit.

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 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.

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BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Kristen Rachele Davis, 24, of Beaver, West Virginia, pleaded guilty in federal court to distributing heroin.

Davis admitted that on Sept. 4, 2013, she distributed heroin to a confidential informant. The drug deal took place on Skyline Drive in Beaver.

Davis faces up to 20 years in federal prison and a $1 million fine. She is scheduled to be sentenced on April 30, 2015.

United States District Judge Irene C. Berger presided over the plea hearing.

The case is being investigated by the Beckley/Raleigh County Drug and Violent Crime Unit.

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 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.

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HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Tonda Click, 58, of Ashland, Kentucky, was sentenced to five years of federal probation.

Click pleaded guilty in September 2014, to using a telephone to facilitate a drug crime. On Dec. 26, 2013, Click made a series of calls to a known dealer to arrange the sale of cocaine to a third party.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The case was investigated by the Drug Enforcement Agency, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department. Assistant United States Attorney Greg McVey was in charge of the prosecution.

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Beckley, W.Va. – United States Attorney Booth Goodwin announced today that two men involved in distributing heroin in Greenbrier County, West Virginia, were sentenced in federal court.

Joshua Osborne, 31, of Lima, Ohio, was sentenced to 36 months in federal prison for traveling in interstate commerce to facilitate an unlawful activity. Osborne pleaded guilty in July 2014, admitting that on Sept. 1, 2013, he traveled from Alderson, West Virginia, to Columbus, Ohio, where he obtained heroin and returned to Alderson. He admitted to placing the heroin into capsules, with the intention to sell them. Osborne also admitted to having made previous trips to Columbus to obtain heroin, and having brought it back to Alderson where he sold it.

Adam Ray Smith, 26, of Ronceverte, West Virginia, was sentenced to 15 months in federal prison for distribution of heroin. Smith pleaded guilty in July 2014, admitting that on Aug. 30, 2013, he sold two packets of heroin to an individual in Ronceverte.

United States District Judge Irene C. Berger imposed the sentences. Assistant United States Attorney John File was in charge of the prosecution for both cases.

This case was prosecuted under the Beckley Pill Initiative 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 markets and curtailing the spread of pills and heroin in communities across the Southern District.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Dr. Robert Timothy Hogan II, 33, of Coolsville, Ohio, was sentenced to 48 months in federal prison, followed by three years of supervised release.

On Oct. 15, 2014, Hogan pleaded guilty to traveling in interstate commerce and using a communications device to facilitate a felony.

“It’s appalling that a licensed physician would pump illegal pills into our communities like this,” Goodwin said. “Every time we put a law-breaking doctor out of business is a big step toward getting this problem under control.”

Hogan admitted to traveling between Athens County, Ohio, and Wood County, West Virginia, and using his cellphone to facilitate an arrangement in which he wrote prescriptions for controlled substances to an individual who was not his patient, and for which there was no legitimate medical purpose for receiving half the pills after the prescriptions were filled. He wrote more than 160 illegal prescriptions, for more than 17,000 pills between January 2013 and February 2014.

United States District Judge John T. Copenhaver, Jr. imposed the sentence.

The investigation was conducted by the West Virginia State Police and Federal Bureau of Investigation. Assistant United States Attorney Steven Loew handled the prosecution of this case.

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

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Joey Jamal Braggs, also known as “Fresh,” 30, of Huntington, West Virginia, was sentenced to 12 months and one day in federal prison.

Braggs pleaded guilty in September 2014, to selling oxymorphone to a confidential informant.

On July 25, 2014, Braggs met with and sold the informant 10 oxymorphone pills in exchange for $600. Braggs sold eight additional 40-mg oxymorphone pills to the informant through a middle man on July 28, 2014.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The investigation was conducted by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Gregory McVey handled the prosecution of this case.

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Thomas Edward Hill, 40, of Huntington, West Virginia, pleaded guilty to distributing heroin.

On May 21, 2014, officers utilized a confidential informant to arrange a heroin transaction through Clarence Edward House II, also known as “Nitty.” The informant contacted House and negotiated the purchase of 7.5 grams of heroin in exchange for $800. House and Hill later met with the informant in House’s vehicle, where Hill distributed the heroin to the informant at House’s direction.

House pleaded guilty to aiding and abetting the distribution a quantity of heroin on Dec. 8, 2014.

Hill faces up to 20 years in federal prison, and is scheduled to be sentenced on April 13, 2015.

Chief United States District Judge Robert. C. Chambers presided over the plea hearing.

The Federal Bureau of Investigation Drug Task Force conducted the investigation. Assistant United States Attorney Joseph 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.

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Keival Lewis Kelley, also known as “Swell,” 31, of Huntington, West Virginia, was sentenced to 70 months in federal prison for being a felon in possession of a firearm and 24 months for a supervised release revocation.

Kelley pleaded guilty in December 2014, to being a felon in possession of a firearm.

On July 2, 2014, Kelley was arrested in Huntington on a federal warrant for heroin trafficking. At the time of his arrest he was found to be in possession of a loaded Taurus .25-caliber semi-automatic pistol. He had previously been convicted of crack distribution in the Southern District of West Virginia, and was serving a term of supervised release when arrested.

Chief United States District Judge Robert C. Chambers imposed the sentence.

The investigation was conducted by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Joshua Hanks handled the prosecution of this case.

The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Timothy A. Fields, 38, of Vienna, West Virginia, was sentenced to 72 months in federal prison with 3 years supervised release.

Bennett pleaded guilty in October 2014, to participating in a marijuana and cocaine distribution ring operating in and around Parkersburg, West Virginia and Belpre, Ohio. He admitted to receiving drugs through the mail, distributing the drugs and delivering or wiring cash proceeds at the direction of another party.

Between October 2013 and April 2014, task for officers from the Washington County Major Crimes Task Force (Ohio) and the Parkersburg Narcotics and Violent Crimes Task Force made multiple controlled purchases of marijuana and cocaine from Fields and other members of the distribution ring.

The investigation was conducted by the Internal Revenue Service, Parkersburg Narcotics and Violent Crimes Task Force and Washington County Major Crimes Task Force

United States District Judge John T. Copenhaver imposed the sentence.

Assistant United States Attorney Joshua Hanks handled the prosecution of this case.

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today made the following statement thanking law enforcement officers on National Law Enforcement Appreciation Day:

“Friday, Jan. 9, 2015, is National Law Enforcement Appreciation Day. While what our law enforcement officers do is important every day, events across the nation encourage taking the time to reflect on the service of our law enforcement officers and thanking them for the sacrifices they make.

“Law enforcement officers do it all. Whether it’s helping a victim of a car wreck, apprehending a gun-wielding robbery suspect or stopping drug traffickers from ravaging our communities, we can count on them to respond.

“The noblest thing a person can do is give up his or her own safety and comfort for the good of those around them. Law enforcement officers have chosen sacrifice as a way of life. They’ve traded what might have been an easy job behind a desk for a hard one on the streets. They’ve traded what might have been a lucrative job for one with more modest financial rewards.

“Most of all, law enforcement officers have traded what might have been a safe job for one that’s dangerous.

“The work that law enforcement officers love, and perform so well, is not just a job – it’s a calling. I will always be inspired by their selfless and devoted service. The sacrifices they make day in and day out, especially the ultimate sacrifice made by their fallen comrades, is a reminder to us of what is the very best about our country. Let’s never forget to thank them, today, and every day.”

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Jerry H. Harvey, Jr., 51, of Oceana, West Virginia, was sentenced to 36 months in federal prison, followed by a three-year term of supervised release.

Harvey pleaded guilty in July 2014, to aiding and abetting the structuring of financial transactions for the purpose of evading bank reporting requirements. He admitted that for more than a year, he and others intentionally made multiple bank withdrawals not exceeding $10,000 so the bank would not report the withdrawals. Banks are required to report withdrawals exceeding $10,000 to the Internal Revenue Service.

Harvey further admitted that the withdrawn funds were profits he made while engaged in the interstate transportation and receipt of stolen property. He admitted he gained more than $100,000 from the illegal activity. The crime took place near Harvey’s home in Oceana.

The case was investigated by the Internal Revenue Service and the Federal Bureau of Investigation.

United States District Judge Irene C. Berger imposed the sentence.

Assistant United States Attorney Miller Bushong handled the prosecution of this case.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Shannon Collins, 41, of Logan, West Virginia, was sentenced to five years of probation, with a condition that she spend one year in home confinement.

Johnston also ordered Collins to pay restitution of $58,264 to the West Virginia Department of Health and Human Resources.

In 2009, Collins, also known as Shannon Varney, was a caseworker in the Logan DHHR office. She used the social security numbers of two deceased individuals to set up false accounts from which she claimed benefits from a state fund established to transport children to and from medical care. Collins also fraudulently charged expenses to two Supplemental Nutrition Assistance Program (SNAP) Mountain State cards (also known as food stamp cards) to which she was not entitled.

The investigation was conducted by the West Virginia DHHR, assisted by the United States Postal Inspection Service, the Offices of Inspector General, DHHR, Social Security Administration and the Department of Agriculture.

United States District Judge Thomas E. Johnston imposed the sentence.

Assistant United States Attorney Erik Goes handled the prosecution of this case.

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Raymond Edmonds, 43, of Beckley, West Virginia, was sentenced to 40 months in federal prison, followed by a three-year term of supervised release.

Edmonds pleaded guilty in September 2014, to distribution of oxycondone.  He admitted that on March 18, 2014, he distributed a quantity of oxycodone to a confidential informant on Burmeister Avenue in Beckley.

This case was investigated by the Beckley Raleigh County Drug and Violent Crime Task Force under the Beckley 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 sale of heroin and the illicit sale 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 pills and heroin in communities across the Southern District.

United States District Judge Irene C. Berger imposed the sentence.

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Seth Allen Carr, 24, of Alderson, West Virginia, was sentenced to 16 months in federal prison for using a telephone to facilitate the distribution of heroin.

Carr pleaded guilty in August 2014, admitting that on April 9, 2014, he set up a drug deal during a telephone conversation with a confidential informant. Shortly after the conversation, Carr distributed a quantity of heroin to the informant in Lewisburg, West Virginia.

The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force under the Greenbrier Valley Heroin and Pill Initiative, part of an ongoing effort by the United States Attorney’s Office for the Southern District of West Virginia to combat the sale of heroin and the illicit sale of prescription drugs. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down the spread of opiate painkillers in communities across the Southern District.

United States District Judge Irene C. Berger imposed the sentence.

Assistant United States Attorney John File handled the prosecution of this case.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Joseph Lee Church, 36, of Columbus, Ohio, was sentenced to 33 months in federal prison for possession of multiple controlled substances with intent to distribute by United States District Court Judge Thomas E. Johnston in Charleston.

Church pleaded guilty in May 2014, to possession of, with the intent to distribute, heroin, hydromorphone, oxycodone, hydrocodone and amphetamine. He previously admitted this to Kanawha County sheriff’s deputies when arrested in the Rand, West Virginia, area on Dec. 10, 2011.  Church said the drugs had been brought to the area from Columbus.

The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney John Frail handled the prosecution of this case.

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

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Vallas Paul Bell, 31, of Hurricane, West Virginia, pleaded guilty to fraudulently taking $24,660 in Social Security benefits to which he was not entitled, in a hearing before United States District Judge Thomas E. Johnston in Charleston.

Bell admitted to receiving and cashing his deceased mother’s Social Security benefits beginning June 2011.  The funds were deposited in the mother’s City National Bank checking account. Bell continued to withdraw the benefits through April 2013.

The Social Security Administration turned off the benefits in April 2013, after receiving a fraud alert from City National Bank.

Bell faces up to 10 years in federal prison, a $250,000 fine and three years of supervised release.  He has also agreed to pay $24, 660 in restitution.  He is scheduled to be sentenced on April 8, 2015.

The investigation was conducted by the Office of Inspector General, Social Security Administration. Assistant United States Attorneys Blair L. Malkin and Erik S. Goes are in charge of the prosecution.

Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Terrell Montaie, 31, of Detroit, pleaded guilty to distribution of heroin, in a hearing before United States District Court Judge Thomas Johnston in Charleston.

Montaie admitted that on March 19, 2014, he sold a quantity of heroin to a Kanawha County Sheriff’s Department confidential informant in exchange for $80. The transaction occurred at a residents on Kay Lane in Charleston where Montaie was staying. He further admitted to possessing a handgun and additional heroin at the time of his arrest on March 26, 2014.

Montaie faces up to 20 years in federal prison and a fine of $1,000,000. He is scheduled to be sentenced on April 8, 2015.

The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney John Frail handled the prosecution of this case.

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

Two sentenced, two plead guilty

Bluefield, W.Va. – United States Attorney Booth Goodwin announced today that four defendants appeared before Senior United States District Judge David A. Faber in federal court in Bluefield on drug charges.

David Eldon Williams, 56, of Lewisburg, West Virginia, was sentenced to 18 months in prison for using a communication device to facilitate a felony. Williams pleaded guilty in August 2014, admitting that on April 25, 2014, he used a telephone in Lewisburg to communicate with a confidential informant to set up the purchase of several hundred oxycodone pills. Williams and his co-defendant, Roger Lee Deem, were arrested the next day in Princeton, West Virginia, after meeting with the informant to complete the transaction. Deem was previously sentenced to 18 months for his role in the crime.

The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force as part of the Greenbrier Valley Heroin and Pill Initiative. Assisting in the investigation was the Southern Regional Drug and Violent Crime Task Force.

Tashaey Mitchell Jones, 25, of Hickory, North Carolina, was sentenced to 16 months in prison for aiding and abetting the distribution of hydromorphone. Jones pleaded guilty in October 2014, and admitted that on May 7, 2013, she helped to distribute five hydromorphone pills to an informant in Bluefield.

The case was investigated by the Southern Regional Drug and Violent Crime Task Force as part of the Bluefield Pill Initiative.

Julie Walters, 36, of Bluefield, pleaded guilty to distribution of a quantity of hydromorphone.  Walters admitted that on May 29, 2014, she distributed a hydromorphone pill to a confidential informant in Brushfork in Mercer County, West Virginia. She also admitted that she had sold approximately 13 hydromorphone pills over a period of time.

Walters faces up to 20 years in prison and a $1,000,000 fine when she is sentenced on May 14, 2015.

The case was investigated by the Southern Regional Drug and Violent Crime Task Force as part of the Bluefield Pill Initiative.

Regina Conley, 33, of Princeton, pled guilty to distribution of oxycodone, admitting that on August 27, 2014, she distributed six 30 mg oxycodone pills to a confidential informant in Princeton. She also admitted that she either sold or possessed for sale a total of about 55 oxycodone pills.

Conley faces up to 20 years in prison and a $1,000,000 fine when she is sentenced on May 14, 2015.

The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force, assisted by the Southern Regional Drug and Violent Crime Task Force.  It was prosecuted as part of the Greenbrier Valley Heroin and Pill and Initiative.

Assistant United States Attorney John File handled the prosecution of these cases.

The cases are 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.

Butterfield agrees to settle civil claims to Medicare and Medicaid for $1.1 million

CHARLESTON, W.Va. – United States Attorney Booth Goodwin today announced that Trivillian’s Pharmacy, a long-standing Kanawha City retail and compounding pharmacy, was charged by information with two counts of health care fraud and one count of misbranding drugs.

Paula Butterfield, Trivillian’s owner, operator and pharmacist-in-charge, was also charged by information with making a false statement in a healthcare matter.

Goodwin also announced his office has reached a civil settlement with Trivilllian’s and Butterfield, recovering $1.1 million on behalf of Medicare and West Virginia Medicaid. The settlement represents more than three times the loss suffered by Medicare and Medicaid.

“Cheating Medicare and Medicaid is really cheating the American taxpayer,” Goodwin said. “Thanks to this settlement, money that was taken from the taxpayers by fraud can now be used to provide health care to the many people who depend on these programs.”

One information alleges that Trivillian’s 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. The information also charges Trivillian’s with dispensing compounded drugs under labels and identification numbers associated with name brand drugs.

Butterfield, a Medicare beneficiary, is charged in a separate information with submitting false claims to Medicare on her own behalf, seeking payment for drugs that were never dispensed to her.

If convicted, the pharmacy faces a fine of up to $1 million or twice the gross financial gain or twice the gross financial loss resulting from the pharmacy’s conduct, whichever is greater; not less than two years nor more than 10 years of probation; a mandatory special assessment of $800; and an order of restitution.

If convicted, Butterfield faces a maximum of five years in prison; a fine of $250,000, or twice the gross financial gain or twice the gross financial loss resulting from her conduct, whichever is greater; a term of supervised release of three years; a mandatory special assessment of $100; and an order of restitution.

The investigation was conducted by United States Health and Human Services, the United States Food and Drug Administration, the West Virginia State Police, the West Virginia Medicaid Fraud Control Unit and the Drug Enforcement Administration.

Assistant United States Attorney Eumi Choi is in charge of the prosecution, and Assistant United States Attorney John Gianola is responsible for the civil settlement.

Click here to view a copy of the Trivillian’s information
Click here to view a copy of the Butterfield information
Click here to view the civil settlement

An information is a formal court charge filed after the defendant has voluntarily waved their right to be indicted by a grand jury. The charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that William Leon Sales, 37, of Dunbar, West Virginia, pleaded guilty to possession with intent to distribute heroin, in a hearing before U.S. District Judge John T. Copenhaver, Jr., in Charleston.

On July 16, 2014, officers with the Metropolitan Drug Enforcement Network Team (MDENT) located approximately 75 grams of heroin and more than $4,000 in cash at Sales’ home in Dunbar. Sales admitted he intended to distribute the heroin in the Dunbar area.

On July 1, 2014, Sales provided a gram of heroin to a middleman to distribute for $150 to a confidential informant working with MDENT. Sales told the informant he had another half-ounce of heroin in his residence if the informant wished to purchase additional heroin.

Sales faces up to 20 years in federal prison, and is scheduled to be sentenced on March 24, 2015.

MDENT conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald 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. – U.S. Attorney Booth Goodwin today announced that Freedom Industries, Inc. (Freedom) and six former Freedom officials have been charged with various federal crimes related to the January 2014 Elk River chemical spill in Charleston.

“Just a mile and a half upstream from Charleston’s primary source of drinking water, the conditions at the Freedom Industries facility were not only grievously unacceptable, but unlawful.  They put an entire population needlessly at risk.  As these actions make clear, such conduct cannot, and will not, be tolerated," said Attorney General Eric Holder.  “These law enforcement actions send an unambiguous message: that compliance with environmental safety standards is an obligation, not a choice. The Department of Justice is committed to vigorously enforcing the Clean Water Act and other natural resource protections. And we will never rest in our efforts to protect the American people – and our environment – from harm."

“It’s hard to overstate the disruption that results when 300,000 people suddenly lose clean water,” said Goodwin. “This is exactly the kind of scenario that the Clean Water Act is designed to prevent. 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 the kind of criminal behavior that led to this crisis will be held accountable.”

Former Freedom President Gary L. Southern, 53, currently of Marco Island, Florida, along with former Freedom owners and officers Dennis P. Farrell, 58, of Charleston, William E. Tis, 60, of Verona, Pennsylvania, and Charles E. Herzing, 63, of McMurray, Pennsylvania, were indicted by a grand jury sitting at Beckley, West Virginia.  Freedom environmental consultant Robert J. Reynolds, 63, of Apex, North Carolina, and tank farm plant manager Michael E. Burdette, 60, of Dunbar, West Virginia, were charged by Goodwin in charging documents known as “informations.” Freedom Industries, Inc., was also charged in an information.

Southern is charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Southern is also charged with wire fraud and various bankruptcy fraud charges. If Southern is convicted of all the charges contained in the indictment, he is exposed to a statutory maximum of 68 years in prison.

Farrell, Tis and Herzing are charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. If Farrell, Tis and Herzing are convicted of all the charges with which they are charged in the indictment, they are each exposed to a statutory maximum of three years in prison.

The misconduct alleged in the indictment includes, but is not limited to:

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

During the time they were responsible corporate officers for Freedom, Farrell, Tis, Herzing and Southern allegedly approved funding only for those projects that would result in increased business revenue for Freedom, or that were immediately necessary for required equipment maintenance. They allegedly failed to take action to fund other repair and upkeep projects for equipment and systems necessary for environmental compliance at the Elk River facility, including repairing defects in a containment wall, addressing drainage problems in the containment area, and developing and implementing proper protection plans.

Information charges were also filed against Freedom itself, as well as Robert J. Reynolds and Michael E. Burdette. Freedom is charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Michael Burdette, the former plant manager for the Freedom facility on the Elk River, and Robert Reynolds, also one of the individuals responsible for environmental compliance at Freedom, have each been charged with violating the Clean Water Act.

Charges contained in indictments and informations are merely accusations, and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Click here to view the indictment

Click here to view the Information regarding Freedom Industries

Click here to view the Information regarding Michael Burdette

Click here to view the Information regarding Robert Reynolds

WHO: United States Attorney Booth Goodwin, officials with the Federal Bureau of Investigation and the Environmental Protection Agency.

WHEN: 1:30 p.m. Wednesday, Dec. 17, 2014.

WHERE: Robert C. Byrd United States Courthouse, Charleston, West Virginia, Fifth Floor

Members of the media will need to present photo ID.  Media with cameras will require escort to the press conference location. The event will be available through conference call by dialing 888-606-9549 and entering passcode 3543992. The conference call window will open at 1 p.m.

Charleston, W.Va. – A Charleston, West Virginia felon who illegally possessed a firearm was sentenced today to 17 years in federal prison, U.S. Attorney Booth Goodwin announced.   On August 27, 2014, a jury found Diarra Jermaine Boddy, 44, guilty of being a felon in possession of a firearm. Today’s sentence was handed down by United States District Court Judge John T. Copenhaver, Jr. 

On September 10, 2013, Boddy was stopped by a Charleston Police Department officer on Veazey Street in Charleston, after he threw a loaded .44 caliber revolver from the care he was driving. Boddy had previously been convicted of several felonies including third offense domestic battery and three prior drug offenses. Boddy was sentenced as an Armed Career Criminal which provided for a mandatory minimum sentence of 15 years.

The investigation was conducted by the Charleston Police Department.  Assistant United States AttorneysJoshua Hanks and 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 networking existing local programs targeting gun crime.

Beckley, W.Va. – United States Attorney Booth Goodwin announced today that a White Sulphur Springs woman was sentenced to federal prison for possession with intent to distribute heroin.  United States District Judge Irene C. Berger sentenced Amanda Nicole Canaday, 27, to 18 months in prison.  Canaday pled guilty in July of 2014, admitting that on August 31, 2013, she possessed 56 packets of heroin that she intended to sell.  She stored the heroin in her apartment in White Sulphur Springs.  She also admitted that she had been selling heroin for some time.

The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force under the Greenbrier Heroin and Pill Initiative, as part of an ongoing law enforcement effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the sale of heroin and the illicit sale and misuse of prescription drugs in the Southern District.  Assistant United States Attorney John File handled the prosecution of this case.

Drugs Were Concealed in a Box of Laundry Detergent

Huntington, W.Va. – United States Attorney Booth Goodwin announced that Kendall Lamar Spears, 35, of Detroit, Michigan, was convicted today of possessing oxymorphone with the intent to distribute it.  The conviction follows a two-day jury trial in federal court in Huntington.  The evidence presented at the trial established that in November of 2012, Spears paid a Huntington couple to drive him to Detroit under the pretext of visiting family.  The following day, Spears left the couple for a brief time and returned with bags from a Dollar Store.  On the return trip from Detroit to Huntington, the van was stopped by law enforcement officers based on a tip that it was carrying illegal drugs.  Spears was seated in the back of the van.  A trained law enforcement drug dog sniffed the van and indicated that narcotics were likely present.  Officers then searched the van and discovered 304 15 mg oxymorphone pills.  The pills were hidden in a detergent box in one of the bags carried by Spears.

Spears faces up to 20 years imprisonment and a $1 million fine when he is sentenced on March 3, 2015.

The case was investigated by the Huntington Violent Crime and Drug Task Force and the Huntington Police Department.  The 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. – U.S. Attorney Booth Goodwin announced that former Freedom Industries executive Gary Southern was arrested Monday, December 8, 2014, in the Middle District of Florida. He made his initial court appearance today at 1:00 p.m. before United States Magistrate Judge Carol Mirando in Ft. Myers, Florida. Southern was released on a $100,000 unsecured bond, with his travel restricted to the Middle District of Florida and the Southern District of West Virginia. He was also required to surrender his passport and lawful permanent resident card. Southern’s next court appearance is set for December 18, 2014, at 2:00 p.m., for a preliminary hearing in front of U.S. Magistrate Judge Dwane Tinsley at the Robert C. Byrd United States Courthouse in Charleston, West Virginia. Southern’s arrest comes as a result of a criminal complaint filed Monday, December 8, 2014, in the Southern District of West Virginia, charging him with bankruptcy fraud, lying in a bankruptcy case and committing wire fraud by filing false documents in a bankruptcy case.

Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Russell R. Grimmett, also known as Rick Grimmett, 51, of Man, West Virginia, pled guilty today to violating federal banking laws.  Grimmett is the former Logan County Assessor.

Banks are required by federal law to report all cash transactions in excess of $10,000.  Grimmett admitted that he and an associate withdrew cash from the Logan Bank and Trust in Man, West Virginia in amounts less than $10,000 to prevent triggering the reporting requirement.  This practice, known as “structuring,” is a federal crime.   He further admitted that between early 2009 through December 2012, he and his associate structured more than $366,000 in cash from various banks.

As part of his plea agreement, Mr. Grimmett agreed to resign his position as Assessor.   He also agreed to forfeit $150,000.

Grimmett faces up to five years of imprisonment and a fine of up to $250,000 when he is sentenced on March 11, 2015.

Today’s charge stems from an investigation conducted by the FBI, IRS Criminal Investigation, United States Postal Inspection Service, and the West Virginia State Police.  Assistant United States Attorney Meredith George Thomas is handling the prosecution.

Sentencing Judge Sends a Message With Imposition of 100 Month Sentence

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Jonathan Kennedy, 34, of Charleston, West Virginia was sentenced today in federal court to more than eight years in federal prison for selling heroin and crack cocaine in Charleston.  In July of 2014, Kennedy pled guilty to two drug felonies – one related to his travel between Detroit, Michigan and Charleston, West Virginia, to aid in the sale of heroin, and the second for using a cell phone to sell crack cocaine -- both in Charleston.

The sentencing court expressed that by imposing a 100 month sentence, he hoped to send a message to Kennedy and others regarding the trade of heroin and pills in this district.  

This case was investigated by the Charleston Police Department. 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 and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Leonard Dillon, 58, of Bim, Boone County, West Virginia was sentenced in federal court in Charleston today to eight years in federal prison for distributing heroin in Boone County.  Dillon previously pleaded guilty in August of 2014.

On March 21, 2013, Dillon sold heroin to a confidential informant working with law enforcement.  On four other occasions in March and April of 2013, Dillon sold heroin and oxycodone to the same confidential informant.

The investigation was conducted by the United States Drug Enforcement Administration and the Boone County Sheriff’s Office.  Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.

The 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 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.

Charleston, W.Va. – United States Attorney Booth Goodwin announced today that David Andrew Glynn, 47 of Charleston, West Virginia, was sentenced in federal court in Charleston to two and a half years in prison for conspiring to defraud timeshare owners throughout the United States and Canada.  Glynn previously plead guilty on August 25, 2014, and admitted that he set up a bogus company named Mountain State Resales, LLC (MSR) that was purportedly in the business of brokering timeshare sales. Glynn, and others, contacted timeshare owners and advised them that MSR had buyers for their  timeshares, and asked owners to pay fees and expenses necessary to complete the sales. Timeshare owners were directed to send the requested payments to MSR in South Charleston, West Virginia.

Glynn also contacted timeshare owners who had been victims of prior fraud schemes and posed as an agent with “Internal Revenue Recovery Associates,” a fictional entity that he claimed was affiliated with a government agency. Glynn represented that he was investigating timeshare fraud schemes, and needed the victims of such schemes to send money to MSR to assist with its recovery efforts.

Glynn was ordered to pay $97,254.42 in restitution. 

The investigation of this case was conducted by the West Virginia State Police, the Federal Bureau of Investigation, and the United States Postal Inspection Service. Assistant United States Attorney Meredith George Thomas is handling the prosecution.

Huntington, W.Va. – Joshua Lee, age 31, of Point Pleasant, West Virginia, was sentenced today in federal court in Huntington to six months in prison followed by three years of supervised release.  Lee previously pled guilty in August of 2014, admitting that on January 23, 2013, he sold heroin to a confidential informant working with the West Virginia State Police. The drug deal took place at a home in Gallipolis Ferry, West Virginia. Lee admitted that he had been involved in distributing heroin with others in the area from the summer of 2012 until March of 2013.

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 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. 

Charleston, W.Va. –  A 48-year old Kanawha County man faces up to 20 years in prison after pleading guilty today to possession of child pornography, U.S. Attorney Booth Goodwin announced.  Jeffrey Erra Osborne, of Clendenin, West Virginia entered a guilty plea before United States District Judge John T. Copenhaver, Jr.

Osborne was formerly employed with the West Virginia State Police for approximately 21 years.  He was most recently employed as a West Virginia State Police Forensic Analyst.  Osborne  admitted that on January 17, 2014, he possessed pictures of prepubescent minors engaged in sexual acts. The images were located on his personal computer at his home. As part of the agreement, Mr. Osborne will abandon certain computers, hard drives, and electronic storage devices seized from him at the time of the execution of the search warrant. 

The court scheduled sentencing for Osborne for February 10, 2015.

The West Virginia Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation.  Assistant United States Attorney Lisa G. Johnston is 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.

HUNTINGTON, W.Va. – A Detroit man who was found in possession of heroin during execution of a search warrant pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Anthony M. Barnes, 38, of Detroit, Michigan, entered a guilty plea in federal court in Huntington to possession with intent to distribute heroin.

On April 8, 2014, officers with the Huntington Police Department executed a search warrant at 912 6th Street, Apartment 1A in Huntington.  When officers entered the apartment, Barnes was in a bedroom attempting to destroy approximately 18 grams of heroin which officers recovered.  Barnes admitted that he intended to sell the heroin in the Huntington area.

Barnes faces up to 20 years in federal prison, and is scheduled to be sentenced on February 23, 2015.

The FBI Huntington Violent Crimes Drug Task Force 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.