Month: May 2022

Source: United States Department of Justice News

CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced today that Dana Dean Fetherson, 44, of Waxhaw, N.C., was sentenced to 120 months in prison and three years of supervised release for possession of ammunition and a firearm by a convicted felon.

Brian Mein, Acting Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department join U.S. Attorney King in making today’s announcement.

According to filed documents and information presented in court, on April 3, 2020, an individual identified in court documents as J.B. called 911 to report that her ex-boyfriend, Fetherson, had “busted out” all the windows of her vehicle with an assault rifle, and had pointed a gun at her and threatened to kill her. Fetherson was arrested on state charges in connection with this incident.

Court records show that on October 7, 2020, Fetherson went to J.B.’s house and shot at J.B. and her mother. J.B. sustained an injury to her wrist and her mother was injured by shrapnel. Fetherson was indicted by a federal grand jury in February 2021. When law enforcement served Fetherson with the federal arrest warrant, they found a firearm and drugs in the defendant’s pocket. According to court records, Fetherson has prior criminal convictions and he is prohibited from possessing a firearm or ammunition.  

On December 16, 2021, Fetherson pleaded guilty to possession of ammunition and a firearm by a convicted felon. He is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

In making today’s announcement, U.S. Attorney King thanked ATF and CMPD for their investigation of the case.

Assistant U.S. Attorney Kimlani Ford, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.

Source: United States Department of Justice News

Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Charice Unruh, 42, of Spokane, Washington, was sentenced today in federal court in Spokane. Senior Judge Wm. Fremming Nielsen sentenced Unruh to 48 months in federal prison, the highest sentence available under federal law. Judge Nielsen also sentenced Unruh to another year of incarceration, to be served concurrently, because she committed this crime while already on federal supervised release for her prior criminal conduct. Judge Nielsen also imposed 48 months of supervised release, to begin running when Unruh is released from custody.

In February 2022, Unruh pleaded guilty to Unlawful Use of the United States Mails, after an investigation by the United States Postal Inspection Service (“USPIS”). The investigation began when a keen Postal Inspector noticed a package addressed to Unruh while conducting a routine review of parcels coming into Spokane. The Inspector recognized Unruh’s name from a previous USPIS investigation in which Unruh was convicted and sentenced to federal prison in connection with her role in an identity theft ring. The package addressed to Unruh had several indicators consistent with packages that contain contraband, and the Inspector obtained a federal search warrant for it. The search revealed methamphetamine in the package.

The Postal Inspector removed the actual methamphetamine and replaced it with a noncontraband substance before setting up a controlled delivery of the parcel to Unruh. Unruh retrieved the package and was immediately contacted by the Inspector. USPIS then executed a search warrant at Unruh’s Spokane-area apartment, and located multiple devices commonly used to engage in identity theft, as well as personal identification information for multiple individuals across the country.

In imposing the maximum available sentence, Judge Nielsen noted Unruh’s “disturbing” and “terrible” history with this type of crime. In her remarks to the Court, Unruh said she copes with life’s struggles by eating and using methamphetamine, and indicated that she was addicted to both. Judge Nielsen agreed, but stated Unruh was also addicted to stealing other people’s identities and personal information. Judge Nielsen noted that he did not believe Unruh properly considered or understood the impact of her actions on all the innocent people whose personal information she compromised.

serious punishment, as today’s sentence demonstrates,” said Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington. “Our colleagues at USPIS work tirelessly to ensure not only the safe delivery of mail in this country, but to investigate identity theft, mailboxing, wire and bank fraud, and similar crimes. Identity theft costs victims money, time, stress, and can have lasting negative impacts on people’s lives. Even if victims of identity theft are made whole by banks, credit card companies, and other institutions, the costs associated with credit card fraud, bank fraud, and identity theft are distributed back across the entire law-abiding population, increasing everyone’s cost of living. I commend USPIS for their ongoing efforts to stymie both identity theft and the use of the U.S. mails to distribute drugs.”

“The U.S. Postal Service remains one of the most trusted entities in the country, and we work at every turn to protect the communities we serve. Preventing identity theft remains one of our top priorities,” said Inspector in Charge Anthony Galetti. “Every time I speak to a victim of identity theft, I am reminded of both the financial and mental toll this crime takes—innocent victims have to spend their time, energy, and resources to close fraudulent bank accounts, correct credit scores, and the like. A bank may return a victim’s money, but a bank can never give a victim back all the hours it takes to undo an identity thief’s work. We hope this sentencing brings justice to the victims of Unruh’s criminal activity and serves as a deterrent to others. I thank the U.S. Border Patrol and Spokane County Sheriff’s Office for their assistance; it is partnerships across agencies that allow cases like this to be solved.”

This case was investigated by the United States Postal Inspection Service, with assistance from the United States Border Patrol and Spokane County Sheriff’s Office.

Assistant United States Attorney Caitlin A. Baunsgard of the Eastern District of Washington handled this matter on behalf of the United States.

Source: United States Department of Justice News

Spokane, Washington –United States District Judge Thomas O. Rice sentenced Fainyan Kain James Kimmerly, 22, of Spokane, Washington, to 12 years in federal prison for persuading a 13-year-old to produce sexual images of the 13-year-old and send the images to Kimmerly. Judge Rice also ordered Kimmerly to serve the remainder of his life on federal supervision after he is released from prison. Kimmerly pleaded guilty earlier this year.

According to court documents, in the summer of 2019, Kimmerly used Facebook to communicate with a 13-year-old whom he knew to be a minor. In a series of Facebook Messenger communications, Kimmerly engaged in a dominant-submissive sexual relationship with the minor. Among other inappropriate conduct, Kimmerly specifically requested that the minor take sexually explicit images of the minor’s own body and send those images to Kimmerly. In 2010, Kimmerly sustained a juvenile conviction in Spokane County for Child Molestation in the First Degree, and was a registered sex offender under Washington law when he engaged in the conduct charged in the federal case.

Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, praised the victim’s bravery and commended the FBI’s sensitive and victim-centered approach to its investigation. “Children must be safe from sexual predators, particularly those who have offended before,” said U.S. Attorney Waldref. “In this case, the FBI’s Special Agents, victim and witness specialists, and forensic examiners all took care to put the specific needs of the 13-year-old minor at the forefront of their investigation. Above all, I commend the victim on having the strength to come forward and shine a light on Mr. Kimmerly’s misconduct. Protecting children from harm, especially sexual exploitation online and IRL (in real life), is critical to building a safe and strong Eastern Washington community. I am delighted to note that even Mr. Kimmerly’s conduct has not succeeded in silencing or sidetracking the minor’s life; today, on the very day of sentencing, that minor is attending a college fair and looking to the future.”

“This is not the first time Mr. Kimmerly has demonstrated disregard for a vulnerable person,” said Donald M. Voiret, Special Agent in Charge of FBI Seattle Field Office. “His conduct in this case was particularly egregious, given some of the challenges his victim was already facing. I applaud the work of our investigators and victim advocates, as well as our colleagues at the United States Attorney’s Office, for standing up for people who deserve support, not victimization.”

This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

ꞏ Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

ꞏ Participation of PSC partners in coordinated national initiatives;

ꞏ Increased federal enforcement in child pornography and enticement cases;

ꞏ Training of federal, state, and local law enforcement agents; and

ꞏ Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

This case was investigated by the Spokane Resident Office of the FBI, with significant assistance from the Spokane Police Department. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington.

Source: United States Department of Justice News

JEFFERSON CITY, Mo. – A Jefferson City, Mo., man was sentenced in federal court today for illegally possessing the firearm he used to shoot another person during an argument.

Dana Ray Day, Jr., 32, was sentenced by U.S. District Judge Stephen R. Bough to 10 years in federal prison without parole. Today’s sentence is the statutory maximum penalty for this offense. The court also ordered the federal sentence be served consecutively to the 25-year sentence imposed in an unrelated state case in which Day was convicted of two counts of assault in a fatal shooting.

Day was found guilty at trial on Dec. 15, 2021, of one count of being a felon in possession of a firearm and ammunition.

On Sept. 15, 2018, Day got into an argument with another man after hitting his car the prior day. Day pulled out a Taurus .40-caliber semi-automatic handgun and shot the other man, who was not armed, twice – in the chest and the groin. The shooting victim ran to a nearby apartment and the resident called 911 for him. Day fled from the scene of the shooting.

Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Day has prior felony convictions for tampering with a motor vehicle, domestic assault, assault, and resisting arrest. According to court documents, Day has a history of violence against others that began at the age of 13, including a teacher’s aid, family members, and girlfriends. In the state case in which Day has already been sentenced to 25 years in prison, he was convicted of repeatedly striking a man with his fists and then shooting and killing him.

While this case has been pending and Day has been detained, he has been charged with property damage after repeatedly kicking his jail cell door. Day is also charged with accessory to commit robbery after he and others beat another inmate and stole his canteen items.

The Taurus handgun, which had been purchased by another person and given to Day, was later recovered during a homicide investigation by the Chicago, Illinois, Police Department. The shell casing was entered into the NIBIN database, and matched the shell casing recovered from the scene of the Sept. 15, 2018, shooting in Jefferson City.

This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Jefferson City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Project Safe Neighborhoods

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Source: United States Department of Justice News

Spokane, Washington –United States District Judge Thomas O. Rice sentenced Richard Dale Wright, 50, of Spokane, Washington, to 60 months in federal custody for downloading images of child pornography. Judge Rice ordered Wright to be taken into immediate custody, and also ordered him to serve the remainder of his life on federal supervision after he is released from prison. Wright pleaded guilty earlier this year to Receipt of Child Pornography.

According to court documents, an undercover FBI Special Agent went online in the Spring of 2019 to identify people in the Spokane community who were sharing large volumes of known or suspected child pornography. The agent downloaded a number of child pornography files from Wright’s computer, and a subsequent search warrant at his residence in Spokane Valley resulted in the seizure of digital devices containing images and videos of child pornography dating back to 2017. Wright had been a girls’ volleyball coach in Spokane and the Spokane Valley, including at Lewis & Clark High School, and with Apex, a club youth volleyball program for which Wright served as the director. He was also on the Board of Directors for the Evergreen Region Volleyball Association. Although the ages of the victims depicted in Wright’s child pornography collection were consistent with the volleyball players he coached, FBI was not able to positively identify any of Wright’s former players in the child pornography images on his digital devices.

“It is deeply troubling that a coach, entrusted with the safety of teenage – and younger – girls, engaged in child pornography conduct that demonstrated his sexual interest in girls that age,” said Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington. “It is a relief that the FBI did not recover evidence that Mr. Wright recorded child pornography images or videos of any of the players he coached. Today’s sentence nevertheless serves as a clarion call to anyone who would endanger or exploit children in the Eastern District or elsewhere: law enforcement is actively investigating your online conduct, and the consequences for engaging in child exploitation are severe.”

“As a coach and community role model, Mr. Wright held a position of trust and he should be held to a high standard of conduct,” said Donald M. Voiret, Special Agent in Charge of the FBI Seattle Field Office. “Instead, he possessed hundreds of images that revictimize innocent children every time their abuse is viewed. I commend the investigators and prosecutors who vigilantly protect our youth.”

This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

ꞏ Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

ꞏ Participation of PSC partners in coordinated national initiatives;

ꞏ Increased federal enforcement in child pornography and enticement cases;

ꞏ Training of federal, state, and local law enforcement agents; and

ꞏ Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

This case was investigated by the Spokane Resident Office of the FBI. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington.