Month: August 2022

Source: United States Department of Justice News

INDIANAPOLIS – Darrion Elliott, 28, of Indianapolis, was sentenced to fifty-seven months in federal prison after pleading guilty to possession with intent to distribute heroin.

According to court documents, Elliott was on parole in Marion County, Indiana, after he was convicted of being a serious violent felon in possession of a firearm. On January 9, 2020, parole officers arrived for a scheduled home visit at the address Elliott falsely claimed was his residence. Officers found Elliott standing outside on the front porch with no key to access the residence. Officers searched Elliott’s phone and determined his actual address.

Officers searched Elliott’s actual residence and found 47 grams of heroin, a cutting agent for processing heroin, a digital scale, and plastic baggies. Officers also found three firearms: a loaded 9mm handgun, another 9mm handgun, a .25 caliber handgun, a .45 caliber rifle. As part of his guilty plea, Elliott admitted that he possessed the heroin with the intent to distribute it. Elliott has a serious criminal history spanning over a decade, which includes three prior felony convictions, all involving drugs and guns.

Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Indianapolis Metropolitan Police Department Chief Randal Taylor made the announcement.

The Indianapolis Metropolitan Police Department investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives provided valuable assistance. The sentence was imposed by U.S. District Judge Sarah Evans Barker. As part of the sentence, Judge Barker ordered that Elliott be supervised by the U.S. Probation Office for three years following his release from federal prison.

U.S. Attorney Myers thanked Assistant U.S. Attorney Abhishek S. Kambli who prosecuted this case.

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

Source: United States Department of Justice News

ABINGDON, Va. – An inmate being housed at Western Virginia Regional Jail, who physically assaulted and pepper-sprayed a corrections officer while awaiting sentencing on federal drug charges, was sentenced this week in federal court for both offenses. 

Michael Selvidge, 38, was sentenced this week to 110 months for possession with the intent to distribute controlled substances and 41 months for assaulting a federal employee.

According to court documents, in the visitation room at U.S. Penitentiary Lee in 2019, Selvidge received contraband from a visitor.  Specifically, he received 48 Suboxone strips that he intended to distribute within the prison.  Selvidge ultimately pled guilty to three counts of possession and distribution of controlled substances in relation to that conduct.

While that case was pending, Selvidge was held at the Western Virginia Regional Jail.  On January 16, 2022, a corrections officer at Western Virginia Regional Jail was conducting security rounds at the jail when he encountered Selvidge and directed him to return to his cell.  Selvidge became upset, threatened the officer, and ultimately attacked the officer by striking him numerous times with his fists.  During the attack, the officer attempted to repel Selvidge with his pepper spray but dropped the canister on the floor.  Selvidge picked up the pepper spray, emptied it onto the officer’s face and body, and then threw the empty canister at the officer.

United States Attorney Christopher R. Kavanaugh of the Western District of Virginia made the announcement.

The Bureau of Prisons Special Investigative Services, the Western Virginia Regional Jail, and the United States Marshals Service investigated the case. 

Special Assistant United States Attorney Christine Hummert and Assistant U.S. Attorney Whit D. Pierce prosecuted the case.

Source: United States Department of Justice News

ALBANY, Ga. –  Two individuals involved in a heroin and methamphetamine trafficking network directed by inmates from two Georgia prisons were sentenced to federal prison today for their crimes.

Joseph Collins, 38, of Augusta State Prison, was sentenced to 240 months in prison to be followed by five years of supervised release after pleading guilty to conspiracy to possess with intent to distribute controlled substances. Co-defendant Christopher Ogle, 38, of Dalton, Georgia, was sentenced to 132 months in prison to be followed by five years of supervised release after pleading guilty to conspiracy to possess with intent to distribute controlled substances. U.S. District Judge Leslie Gardner handed down the sentences. There is no parole in the federal system.

Co-defendant Eric Gilbert, 46, of Calhoun State Prison, pleaded guilty to conspiracy to possess with intent to distribute controlled substances on April 20, 2022, and faces a maximum sentence of life in prison and a $10,000,000 fine. Gilbert’s sentencing is scheduled for Sept. 22, 2022.

Co-defendant Natalie Espinoza, 27, of Sugar Hill, Georgia, is charged with one count of conspiracy to possess with intent to distribute controlled substances. If convicted, Espinoza faces a maximum sentence of life in prison and a $10,000,000 fine. Espinoza is a wanted person; those with knowledge of her whereabouts can contact the United States Marshals Service by calling 1-877-WANTED-2.

“Our office will hold inmates accountable for continued criminal activity occurring behind prison walls which threatens the safety of incarcerated individuals, prison staff and the community at large,” said U.S. Attorney Peter D. Leary. “The U.S. Attorney’s Office is working closely with our law enforcement partners to identify repeat offenders and bring them to justice.”

“These sentencings remove dangerous criminals from our streets and send a clear message to others who may be contemplating or who are polluting our communities with poison from behind prison walls,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “The takeaway is that DEA and its law enforcement partners have a watchful eye on such criminals and will relentlessly pursue them.”

According to court documents, an undercover source informed law enforcement in June 2020 about drug trafficking being coordinated by Gilbert from the Calhoun State Prison, including information about his affiliation with the Ghost Face Gangster criminal street gang and a Mexican drug trafficking cartel. The source said Gilbert had customers across the Southeast. On June 16, 2020, the source ordered heroin from Collins, who was an inmate at Augusta State Prison. Collins directed the source to Gilbert; Gilbert was recorded stating that he had been distributing heroin and methamphetamine for ten years. Gilbert arranged the deal later that day with the source. Espinoza, who is a wanted person, delivered approximately 80 grams of heroin. Espinoza allegedly worked with Gilbert to coordinate illegal drug transactions for him outside of prison. A series of controlled and recorded purchases of heroin and methamphetamine occurred. On Jan. 5, 2021, officers in Whitfield County, Georgia, received information that Gilbert was supplying methamphetamine to Ogle. Under surveillance, the informant agreed to purchase one kilogram of methamphetamine from Gilbert, supplied by Ogle. Ogle agreed to meet the informant on Jan. 6, 2021; as agents closed in on Ogle, he threw a Ziploc bag and his phone into a nearby pond. Agents retrieved the phone and the plastic bag, which contained 772 grams of methamphetamine.

The case was investigated by DEA. 

The case was prosecuted by Assistant U.S. Attorney Leah McEwen.

Source: United States Department of Justice News

Assistant U. S. Attorney Mark Conover (619) 546-6763   

NEWS RELEASE SUMMARY – August 4, 2022

SAN DIEGO – Chris Benavides, former finance director at La Jolla Music Society, was sentenced in federal court today to 30 months in prison for embezzling more than $650,000 from the non-profit over a 10-year period. Benavides was also ordered to pay a minimum of $650,000 in restitution.

Benavides oversaw the budgeting process and human resources. Over the years he regularly claimed that many staff salary increases were not possible due to budgetary constraints. However, during that same period, Benavides was stealing for himself an average of about $65,000 per year.

Forensic review revealed that over the years Benavides’ theft became more and more sophisticated.  He regularly planned his theft in advance of each fiscal year, budgeting for the amount that he would take over the next 12 months and imbedding those expenses in various budget lines. This ensured that none of the expense lines would show conspicuous variances when reviewed by other staff, board members or auditors. It was also discovered he regularly signed or forged checks for his personal benefit and made false entries in the books to hide what he was doing. 

“Mr. Benavides exploited his position of trust with the La Jolla Music Society by stealing month after month for over a decade,” said U.S. Attorney Randy Grossman. “His greed and deception have had a lasting impact on this non-profit. Today, he has been held to account for his crimes.” Grossman thanked the prosecution team and FBI agents for their excellent work on this case.

“La Jolla Music Society trusted their Director of Finance to safeguard the non-profit’s funds, but Benavides had a different plan,” said Special Agent in Charge Stacey Moy of the FBI’s San Diego Field Office. “Instead, the defendant strategically calculated year over year to systematically steal from his employer, selfishly lining his own pockets. Today’s sentencing sends a clear message to Benavides that he will be held accountable for his crimes, but more than that, it provides justice for the victims, so they can hopefully begin to move forward into a new chapter.”

DEFENDANT                                               Case Number 22cr3042-CAB                           

Chris Benavides                                              Age: 52                       San Diego

SUMMARY OF CHARGES

Wire Fraud – Title 18, U.S.C., Section 1343

Maximum penalty: Twenty years in prison and $250,000 fine, or twice the gain/loss, whichever is greater

AGENCY

Federal Bureau of Investigation

Source: United States Department of Justice

The Justice Department today announced that Jose Gomez III, 21, of Midland, Texas, was sentenced to 25 years in prison on hate crime charges for attacking an Asian family he believed was Chinese and therefore responsible for the COVID-19 pandemic.  Gomez had previously pleaded guilty to three counts of committing a hate crime.

According to the facts admitted in the plea, on March 14, 2020, Gomez entered a Sam’s Club Warehouse in Midland, Texas, behind an Asian family with young children. Gomez had never seen them before and believed they were Chinese. Gomez followed them in the store for several minutes because he perceived them to be a “threat” as they were “from the country who started spreading that disease around.” Gomez then momentarily left the family to find a serrated steak knife in the store. Gomez bent the blade so that when he held the handle in his fist, the blade rested against his knuckles, sharp-edge facing outward. Gomez returned to the Asian family and punched the father, B.C., in the face, cutting him. Gomez then left to retrieve an eight-inch knife from the store. When Gomez returned to B.C., Gomez abruptly turned towards B.C.’s two young children – then aged six and two years old – who were seated in the front basket of the shopping cart. Gomez slashed open the face of R.C., the then-six-year-old child. The blade entered millimeters from R.C.’s right eye, split his right ear, and wrapped around to the back of his skull.  Gomez also stabbed a white Sam’s Club employee, Z.O., who intervened to stop Gomez from further assaulting the Asian family. While being held down on the ground, Gomez yelled at the Asian family, “Get out of America!”

Gomez admitted he believed the Asian family was Chinese and that he blamed them for the COVID-19 pandemic. Gomez further admitted he had attempted to kill the six-year-old child. Gomez also admitted he had attacked Z.O., the store employee, because Gomez wanted to kill the six-year-old child and Z.O. was preventing him from doing so. 

“Pandemic-driven and racially-motivated acts of violence are deplorable crimes, and the Justice Department stands ready to use our hate crimes laws to hold perpetrators accountable,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division.“Hate crimes targeting Asian Americans have spiked during the pandemic and must be confronted. All people deserve to feel safe and secure living in their communities, regardless of race, color or national origin.”

“Hate-motivated violence will simply not be tolerated in our society and every person deserves to feel safe from such vicious harm,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Today’s sentence sends the message loud and clear that our office will aggressively prosecute federal hate crimes while seeking justice for victims.”

“Mr. Gomez’s cowardly and racially motivated actions do not represent our West Texas community,” said Special Agent in Charge Jeffery R. Downey of the FBI El Paso Field Office. “It is our hope today’s sentence will help the victims with the healing process. Rest assured, the FBI and our law enforcement partners will aggressively pursue anyone who commits these violent acts to ensure the civil rights of all Americans are protected.”

The case was investigated by the Midland Police Department and the FBI. The case is being prosecuted by Assistant U.S. Attorney Brandi Young for the Western District of Texas and Trial Attorney Angie Cha of the Civil Rights Division’s Criminal Section.