Month: September 2022

Source: United States Department of Justice News

CINCINNATI – Two Cincinnati-area men have been charged with federal crimes alleging they illegally flew drones over professional sporting events in Cincinnati.

A federal grand jury has charged the men in separate incidents involving Cincinnati Bengals and Cincinnati Reds events.

NFL

The Cincinnati Bengals hosted an NFL playoff game at Paul Brown Stadium on Jan. 15. During the game, it is alleged that Dailon Dabney, 24, of Cincinnati, illegally flew his drone into the stadium and hovered over the players and portions of the stadium crowd. Dabney allegedly recorded his drone flight and posted the video to social media sites and YouTube.

MLB

April 12 was Opening Day for the Cincinnati Reds’ 2022 season and featured the first game of the season at Great American Ballpark. It is alleged that Travis Lenhoff, 38, of Northern Kentucky, flew a drone into the restricted flight area of Great American Ballpark during the Opening Day festivities.

“This is a growing problem that poses a direct risk to the players and the individuals in the stands,” said U.S. Attorney Kenneth L. Parker. “Even if the operator does not have an intent to harm, the operator could easily lose control and injure someone. Moreover, the sight of a drone flying overhead could lead to a panic in the crowd. If you attend these events like Reds games and Bengals games – leave the drones at home.”

“Flying a drone over a stadium full of fans is dangerous and illegal without the proper FAA training, licensing, and approved flight plan,” stated FBI Cincinnati Special Agent in Charge J. William Rivers. “We will continue to work with the FAA and local police to investigate these incidents when proper FAA protocols and procedures are not followed.”

Any drone that weighs more than .55 pounds and less than 55 pounds must be registered with the Federal Aviation Administration (FAA). Dabney’s and Lenhoff’s drones are not registered with the FAA and they do not have a remote pilot certification.

Each defendant is charged with operating an unregistered drone, which is a federal crime punishable by up to three years in prison. Dabney is also charged with violating a temporary flight restriction (punishable by up to one year in prison).

Dabney and Lenhoff each have an initial appearance scheduled at 1:30pm on Oct. 12 in Cincinnati.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; the Federal Aviation Administration (FAA); Cincinnati Interim Police Chief Teresa A. Theetge and Hamilton County Sheriff Charmaine McGuffey announced the charges. Assistant United States Attorney Timothy S. Mangan is representing the United States in this case.

Indictments merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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Source: United States Department of Justice News

TUCSON, Arizona – Jesus Rosario Favela-Astorga was sentenced in federal court today to 50 years in prison for the murder of United States Border Patrol Agent Brian Terry on December 14, 2010. Favela-Astorga pleaded guilty to Agent Terry’s murder in April 2022. He is the seventh and final defendant to be convicted and sentenced in this case.

“Today is for Brian Terry, and his loved ones and colleagues who waited eleven years to see justice come to all who were involved in his tragic murder,” said U.S. Attorney Randy S. Grossman of the Southern District of California. “We hope it fulfills the promise to everyone who protects us. We’ll relentlessly pursue justice against those who do them harm for as long as it takes.” Grossman thanked the prosecution team, the FBI and the U.S. Border Patrol for their relentless quest for justice in this matter.

Favela-Astorga admitted as part of his guilty plea, and evidence presented at two trials in this case in 2015 and 2019 established, that he was one of several armed bandits who had traveled from Mexico to the U.S. to hunt for marijuana smugglers to rob. At the time, Agent Terry and other members of the Border Patrol Tactical Unit (BORTAC) were on extended deployment in the desert to apprehend such robbery crews.

On December 14, near midnight, Agent Terry’s team attempted to arrest Favela-Astorga’s crew in a rural area north of Nogales, Arizona. A member of the robbery crew fired at the agents, hitting Agent Terry in the back and severing his spinal cord and aorta. According to evidence presented at the prior trials, Agent Terry called to a fellow agent, “Willie, I’m hit! I can’t feel my legs.” BORTAC agents, still under fire, tried to save Agent Terry but were unsuccessful.

Evidence from the trials established the five bandits at the scene were armed with four AK-47-style assault rifles and an AR-15 assault rifle and had food to last for days.

Favela-Astorga and others fled back to Mexico, leaving behind Manuel Osorio-Arellanes who had been shot in the stomach by agents. Manuel Osorio-Arellanes was convicted and sentenced in 2014 to 30 years in prison after cooperating in identifying other members of the robbery crew who were fugitives.

Mexican authorities arrested Favela-Astorga in October 2017 based on a provisional arrest warrant issued at the request of the United States. He was extradited to the United States in January 2020.

The other members of the robbery crew at the scene were Heraclio Osorio-Arellanes, Ivan Soto-Barraza, and Jesus Lionel Sanchez-Meza. All three were arrested in Mexico years after the shooting. Soto-Barraza and Sanchez-Meza were extradited to the United States in 2014, convicted at trial in December 2015, and sentenced to life in prison. Heraclio Osorio-Arellanes was extradited to the United States in 2018, convicted at trial in February 2019, and sentenced to life in prison.

In addition, Rosario Rafael Burboa-Alvarez pleaded guilty to murder and, while not at the firefight, admitted he recruited the crew members in Mexico. Burboa-Alvarez was sentenced to 324 months in prison. Border Patrol agents also had arrested Rito Osorio-Arellanes on immigration charges two days before the shootout, unaware he was part of the robbery crew. Osorio later pleaded guilty to conspiracy to interfere with commerce by robbery and was sentenced to 96 months in prison.

Agent Terry’s murder was principally investigated by the Federal Bureau of Investigation and the U.S. Border Patrol. The U.S. Marshals Service, the Mexican Navy (SEMAR), Mexico’s Office of the Attorney General (PGR), and the Department of Justice, Office of International Affairs, helped with Favela-Astorga’s apprehension and extradition.

“For over the last decade, the FBI and our partners have worked to bring justice to all involved in the killing of agent Brian Terry. We will not and did not waver in our commitment to ensure that those who commit acts of violence against law enforcement officials will be held accountable and punished to the fullest extent of the law,” said Chris Ormerod, Acting Special Agent in Charge of the FBI Phoenix Field Office. “We hope today’s final sentence will help bring a degree of comfort to Agent Terry’s family in knowing that all the individuals responsible for his murder have been brought to justice.”

“Today’s sentencing brings justice to the last of U.S. Border Patrol Agent Brian A. Terry’s murderers,” said Tucson Sector Chief Patrol Agent John Modlin.

“I thank the many law enforcement professionals who have worked on this case for over a decade and, in particular, acknowledge the dedication and efforts of FBI Special Agent Michelle Terwilliger who has led the investigation since the night of the shooting,” said Grossman.

The case was prosecuted by the U.S. Attorney’s Office for the Southern District of California after the U.S. Attorney’s Office for the District of Arizona was recused.

SUMMARY OF CHARGES                                    Case No. 11-cr-0150-TUC-DCB-BGM

Jesus Rosario Favela-Astorga                                 Age: 41           El Fuerte, Sinaloa, Mexico

Murder, Second Degree, in violation of 18 U.S.C. §§ 1111, 1114

Maximum Penalty: Life in prison     

INVESTIGATING AGENCIES

Federal Bureau of Investigation

United States Border Patrol

Source: United States Department of Justice News

United States Attorney Clint Johnson today announced the results of the September 2022 Federal Grand Jury B.

The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Sheamiah Krystin Atkins. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. Atkins, 40, of Tulsa, allegedly assaulted the victim with a firearm with intent to do bodily harm on Aug. 21, 2022. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case. 22-CR-318

Tristan Barlow; Zachary Caughron; Natalie Foutch; Richard Markham; Kolby Milford; Christopher Ruff; and Jacob Shoate. Drug Conspiracy (Count 1); Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Counts 2-7). Barlow, 30; Caughron, 30; Foutch, 20; Markham, 35; Milford, 27; Ruff, 30; and Shoate, 21, all of Tulsa, allegedly conspired together to distribute and to possess with intent to distribute clonazolam. Each defendant is also charged with possessing a firearm in furtherance of a drug trafficking crime. The Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorneys Ben Tonkin and Niko A. Boulieris are prosecuting the case. Find the initial press release announcing charges here. 22-CR-317

Jared Matthew Barnett. Leaving the Scene of a Personal Injury Accident in Indian Country (Count 1); Driving Under the Influence of an Intoxicating Substance in Indian Country (Counts 2,3). On Aug.24, 2022, Barnett, 27, of Glenpool, is alleged to have caused an accident while driving under the influence of an intoxicating substance other than alcohol, failed to render reasonable assistance to the victim, and failed to remain at the scene of the accident. On Aug. 25, 2022, Barnett was involved in a single-vehicle accident and was allegedly found to be driving while under the influence of an intoxicating substance other than alcohol. The FBI and Glenpool Police Department are the investigative agencies. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case. 22-CR-332

David Cortez-Gomez. Unlawful Reentry of a Removed Alien. Cortez-Gomez, 26, a Mexican nation, is charged with unlawfully reentering the United States after having been removed on Oct. 4, 2017, at or near Laredo, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 22-CR-319

Waylon Cody Johnson. Obstructing, Delaying, and Affecting Commerce by Robbery; Robbery in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Simple Assault (Misdemeanor). On Aug. 21, 2022, Johnson, 32, of Bixby, allegedly robbed a Subway restaurant using a replica firearm and threatened violence against an employee who was younger than 16-years-old. The FBI and Sapulpa Police Department are the investigative agencies. Assistant U.S. Attorney Justin G. Bish is prosecuting the case. 22-CR-320

Gustavo Martinez-Cruz. Reentry of a Removed Alien. Martinez-Cruz, 41, a Mexican national, is charged with unlawfully reentering the United States after having been removed on July 24, 2012, at or near Del Rio, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-330

Justin Eli Muncy. Attempted Coercion and Enticement of a Minor; Commission of Felony Sex Offense Involving a Minor by a Registered Sex Offender; Coercion and Enticement of a Minor; Production of Child Pornography; Receipt and Distribution of Child Pornography;  Tampering with a Witness by Corrupt Persuasion; Tampering with a Witness by Corrupt Persuasion (superseding). Muncy, 46, of Lawton, allegedly attempted to coerce an individual he believed to be a minor into engaging in sexual activity from Jan. 27, 2022, to April 14, 2022. Instead, he was messaging an undercover agent. Muncy committed the alleged crime while he was a registered sex offender. In this superseding indictment he is further charged with coercing and enticing a minor to engage in sexual activity using electronic means from Oct. 10, 2021, to on April 14, 2022. He is further charged with having the minor engage in sexual acts for the purpose of producing a visual depiction of the acts; receipt and distribution of child pornography; and with tampering with a witness who was scheduled to testify in court proceedings. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Leah Paisner is prosecuting the case. 22-cr-187

Andrew Don Rector. Aggravated Sexual Abuse by Force and Threat in Indian Country; Kidnapping in Indian Country; Assault of an Intimate/Dating Partner by Strangling, Suffocating, and Attempting to Strangle and Suffocate in Indian Country. From May 3, 2022, to May 4, 2022, Rector, 32, of Keifer, is alleged to have kidnapped, strangled and sexually assaulted the victim. The FBI and Muscogee Nation Lighthorse Tribal Police Department are the investigative agencies. Assistant U.S. Attorneys Julie A. Childress and Cymetra M. Williams are prosecuting the case. 22-CR-331

Bobby Jean Shanks II. Abusive Sexual Contact with a Minor Under 12 Years of Age in Indian Country; Sexual Abuse of a Minor in Indian Country; Sexual Abuse of an Incapable Victim in Indian Country (superseding). From December 2006 to Dec. 11, 2010, Shanks, 44, of Inola, is alleged to have knowingly engaged in and caused sexual contact with a child. He is further charged with sexually abusing the child when she was between 12 and 16 years old. Finally, between September 2015 and August 2017, he allegedly sexually abused a victim who was physically incapable of declining participation in and communicating unwillingness to engage in those sexual acts. The FBI is the investigative agency. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case. 22-CR-110

Michael Wayne Tiffany; James Allen Quapaw. Felon in Possession of Firearms and Ammunition (Counts 1,4); Sale and Disposal of a Firearm to a Prohibited Person (Count 2); Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Counts 3,8); Possessing and Selling Stolen Firearms (Count 5); Possession of Methamphetamine with Intent to Distribute (Count 6); Carrying a Firearm During and in Relation to a Drug Trafficking Crime (Count 7) (third superseding). Quapaw, 41, of Miami, is charged with being a felon in possession of a Ruger .270 caliber rifle and four rounds of ammunition from Dec. 30, 2021, to Jan. 4, 2022. Quapaw is also charged with selling the firearm and ammunition to Tiffany, 37, of Miami, who is a prohibited person. From Dec. 30, 2021, to Jan. 4, 2022, Tiffany allegedly possessed firearms in furtherance of a drug trafficking crime, namely possession of methamphetamine with intent to distribute. Tiffany is further charged with being a felon in possession of a Ruger .270 caliber rifle, a Remington .243 caliber rifle and eight rounds of ammunition on Jan. 5, 2022. Tiffany and Quapaw are both charged with aiding and abetting each other to possess and sell the Ruger .270 caliber rifle, Remington .243 caliber rifle and eight rounds of ammunition on Jan. 5, 2022. Tiffany is also charged with knowingly possessing with intent to distribute 50 grams or more of methamphetamine on July 16, 2022, and for possessing a firearm during the crime. Additionally, Quapaw is charged with possessing a firearm in furtherance of a drug trafficking crime, namely possession of methamphetamine with intent to distribute. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorneys John E. Brasher and Thomas E. Buscemi are prosecuting the case. 22-CR-222

Johnny Lee Summers. Production of Child Pornography; Coercion and Enticement of a Minor; Sexual Abuse of a Minor in Indian Country; Abusive Sexual Contact with a Minor in Indian Country (superseding). Summers, 22, of Cushing, is charged with three counts of enticing a minor to engage in sexually explicit conduct for the purpose of producing child pornography. He is further charged with using electronic communications to coerce the minor to engage in sexual activity. He is also charged with attempting to engage in a sexual act with the minor between the ages of 12 and 16 from February 2021 to January 2022.  Finally, he is charged with knowingly engaging in sexual contact with the minor when the victim was between the ages of 12 and 16 from February 2021 to January 2022. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Valeria G. Luster and Chantelle D. Dial are prosecuting the case. 22-CR-165

Kahlyah Ashlynn White. Child Abuse in Indian Country; Child Neglect in Indian Country. White, 21, of Bartlesville, is charged with abusing three children under the age of 18 and neglecting to protect the children from exposure to illegal activity. Assistant U.S. Attorney Ben Tonkin is prosecuting the case. 22-CR-329

Source: United States Department of Justice 2

An Idaho man pleaded guilty today to hate crime and false statement charges in the U.S. District Court for the Western District of Washington. Jason Stanley, 46, pleaded guilty to committing a hate crime for his participation in the assault of T.S., a Black man, which occurred because of the man’s actual and perceived race at a bar in Lynnwood, Washington, on Dec. 8, 2018. Three other white supremacists earlier pled guilty for their roles in this assault.

“The defendant, a known white supremacist, singled out and attacked a Black man because of his race – violent, hate-driven conduct that has no place in our society today,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The convictions that we have secured in this case make clear that the Department of Justice will continue to use every resource at its disposal to fight white supremacist violence.”

“The defendants in this case came to Washington state to commemorate their hateful embrace of white supremacy,” said U.S. Attorney Nick Brown for the Western District of Washington. “But they did not find the welcoming environment they expected. The victim in this case, and those who defended him from the assault, demonstrated one of our core values in Western Washington: hate has no place here. We will continue our work to prosecute those who engage in hate and bias crimes, and to ensure the civil rights of all members of our community. This work is one of the top priorities for the Justice Department, my office and our law enforcement partners.” 

“Mr. Stanley and the other subjects in this case attacked and injured the victim based on his race,” said Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office. “Until all citizens in Washington state feel safe from threats and violence based on their race, ethnicity, gender or beliefs, the FBI will continue our commitment to investigating federal hate crimes and protecting civil rights.”

In his plea agreement, Stanley admitted that, at the time of the assault, he was a member of a white supremacist group. On Dec. 8, 2018, Stanley entered a bar in Lynnwood, Washington, with others, including members of two related white supremacist groups. Stanley wore clothing and patches indicating his group membership and repeatedly gave “Nazi salutes” inside the bar. While at the bar, Stanley and others assaulted T.S, a Black man who was serving as the disc jockey at the bar. Stanley believed that T.S. was being disrespectful to the members of the white supremacist groups after T.S. objected to group members manipulating his DJ equipment without his permission. Stanley and others punched, kicked, and stomped on T.S., and called T.S. racial slurs. As a result of the assault, T.S. suffered bodily injuries. Two bystanders attempted to intervene to help T.S. and stop the assault. Both bystanders were assaulted by members of the white supremacist groups, and both sustained injuries. 

In addition to the hate crime charge, Stanley pleaded guilty to making false statements to FBI agents about the circumstances surrounding the assault. Specifically, Stanley falsely claimed to the agents that he was not even present in the state of Washington during the weekend of the assault. This statement was false, in that Stanley knew he had traveled to Washington to attend a gathering of white supremacists, and while he was there, he participated in the assault of T.S. at the Lynwood bar. Stanley made this false statement to the FBI because he wanted to cover up his involvement in the assault of T.S. 

Stanley will be sentenced on Jan. 6, 2023. The hate crime charge carries a maximum penalty of ten years in prison. The false statement charge carries a maximum penalty of up to five years in prison.  

Stanley was charged in an indictment that was unsealed on Dec. 18, 2020. The seven-count indictment also charged three other men, each aiding and abetting one another, with punching and kicking T.S. while making derogatory comments about his actual and perceived race. The indictment further charged Stanley and the three other men with assaulting two men who intervened to protect T.S. during the attack, as well as with making false statements to the FBI during the course of their investigation. The three other men charged in this case, Jason DeSimas, Randy Smith, and Daniel Dorson, have each pleaded guilty in this matter.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Nicholas W. Brown for the Western District of Washington made the announcement.

The FBI investigated this case with the support of the Snohomish County Sheriff’s Office. Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington are prosecuting the case.

Source: United States Department of Justice News

      LITTLE ROCK—Former Craighead County Clerk Jacob Kade Holliday was sentenced to 57 months in federal prison today for taking more than $1.5 million in county money for his personal use.  Holliday, 34, of Jonesboro, was sentenced by United States District Court Judge James M. Moody, Jr., who also imposed three years of supervised release after Holliday completes his prison term.

      In June 2020, Craighead County officials reported that a theft had occurred from the Craighead County Clerk’s office. The bank that managed the Clerk’s office account had flagged suspicious activity, and auditors concluded that approximately $1,579,057.03 was missing and had been moved to Holliday’s personal banking accounts.

      Law enforcement interviewed Holliday, who admitted to taking the money to fund his businesses: Holliday Development and Management, LLC, and Total Healthcare, LLC, both of which operated restaurants and coffee shops in Jonesboro. Holliday told investigators he planned to pay the money back, but once the COVID-19 pandemic caused most of his businesses to close, he could not replace the money.

      Holliday was indicted in December 2020, when a grand jury charged him with 11 counts of wire fraud for each withdrawal he made from the county account. He pleaded guilty in February of this year and acknowledged that his method was to make a transfer from the county account to one of his personal accounts and then get a cashier’s check from his personal account for the same amount. He pleaded guilty to Count 1 of the indictment, which charged him with wire fraud for his first fraudulent transfer of $101,782.97 on January 29, 2020. In his plea agreement, Holliday agreed to pay $1,579,057.03 in restitution to Craighead County.

      Holliday is currently serving a 120-month sentence in a state case for forgery, and Judge Moody ordered that his federal sentence will not begin until the state sentence is completed. The FBI, Arkansas State Police, and Craighead County Sheriff’s Department conducted the investigation. Assistant United States Attorney Allison W. Bragg prosecuted the case.

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS