Category: US Department of Justice

Source: United States Department of Justice News

            WASHINGTON – Jean Paul Kearney, 36, of Washington, D.C., was sentenced to 20 years in prison for second degree murder while armed, and other charges, in connection with the April 4, 2021, shooting death of Dontra Harris. Superior Court Judge Maribeth Raffinan handed down the sentence on July 18, 2023, and also ordered five years of supervised release.

            Kearney was convicted by a jury of assault on a police officer while armed, possession of a firearm during a crime of violence, obstruction of justice, unlawful possession of a firearm (prior conviction), and possession of a large capacity ammunition feeding device); he pleaded guilty on April 27, 2023 to second degree murder while armed..

            According to the Government’s evidence, on April 4, 2021 shortly before 9 p.m., Kearney tailed his childhood friend, Dontra Harris, on a motorcycle. They both pulled over by the side of the road and verbally argued and then went their separate ways. Kearney, who lived nearby, went back home to switch out his motorcycle for his mother’s vehicle. He then drove to the victim’s apartment building and waited for 15 minutes for the victim to return home. When  the victim attempted to enter his building, Kearney ambushed him, and shot him several times in the back. When law enforcement and paramedics arrived on scene, they located the victim near the front of the building and pronounced him dead. On May 13, 2021, when the Gun Recovery Unit executed a residential search warrant in connection with the homicide investigation, Kearney fired multiple times at the officers with an AK-47 assault rifle. Several days later, upon learning that the police had collected his cellphone during the warrant execution, Kearney provided his family member with instructions over the phone on how to remotely erase the contents of his phone.

            Officers with the Metropolitan Police Department arrested Kearney on May 13, 2021. He has been in custody since.

            In announcing the sentence, U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD), commended the work of the MPD officers and detective who investigated the case. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Gilbert and Debra Forte, Investigative Analyst Zachary McMenamin; Supervisory Victim/Witness Advocate Jennifer Clark; Victim/Witness Advocates Karina Hernandez and Paola Molina, Supervisory Victim Witness Service Coordinator Katina Adams-Washington; and Supervisory Litigation Technology Specialist Leif Hickling, and Litigation Technology Specialist William Henderson

            Finally, they commended the work of Assistant U.S. Attorneys Sitara Witanachchi and Erin DeRiso, who investigated and prosecuted the case.

Source: United States Department of Justice News

            WASHINGTON – Demarco Boyd, 29, of Washington, D.C., was sentenced today to 97 months in prison for his convictions on drug and gun charges, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith of the Metropolitan Police Department (MPD).

            Boyd pleaded guilty on March 24, 2023, to unlawful possession of a firearm by a prohibited person, and possession of two firearms in furtherance of drug trafficking (one of which was a machinegun). In addition to the prison term, U.S. District Court Judge Royce C. Lamberth ordered 60 months of supervised release.

            According to the government’s evidence, in June of 2022, the Metropolitan Police Department (“MPD”) was investigating individuals involved in narcotics distribution around the 3600 block of Hayes Street NE, Washington DC, including hand-to-hand transactions and controlled buys in the area of the 3600 block of Hayes Street NE. After making a controlled purchase of cocaine base from Boyd, on June 16, 2022, officers executed a search warrant at an apartment occupied by Boyd, his pregnant girlfriend, and her young child. Boyd was present at the time and dropped a Glock firearm and a black backpack containing a “Draco” style firearm out of one window of the apartment onto the grass below. The Glock 19 pistol had an illegal “giggle” converter switch, which is designed to enable the firearm to expel more than one round of ammunition with a single pull of the trigger, making the firearm a machinegun. The “Draco” style firearm had a large capacity magazine loaded with 28 rounds.

            From the apartment, officers also seized distributable amounts of phencyclidine (PCP), cocaine base, fentanyl, and marijuana, as well as various drug paraphernalia. DEA lab results indicate that law enforcement seized at least 583 grams of marijuana, 110 grams of cocaine base, 40 grams of PCP, and 2.77 grams of fentanyl. MPD also found and seized $5,129 of U.S. currency. The defendant admitted that he possessed the two firearms in furtherance of his drug trafficking activities, and that he knew he was a convicted felon at the time he possessed them.

            In announcing the sentence, U.S. Attorney Graves and Acting Chief Smith commended the work of the detectives and patrol officers of the Metropolitan Police Department. They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney David T. Henek and Special Assistant U.S. Attorney Sarah J. Rasalam, of the Violence Reduction and Trafficking Offenses Section, who investigated and prosecuted the case.

Source: United States Department of Justice News

            Two men were found guilty today of multiple felony charges, including assaulting law enforcement officers, related to their actions during the Jan. 6, 2021, Capitol breach. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Steven Cappuccio, 53, of Universal City, Texas, and Federico Guillermo Klein, 45, of Falls Church, Virginia, were found guilty of 14 felony charges. The verdict followed a bench trial before U.S. District Judge Trevor N. McFadden.

            Steven Cappuccio was convicted of six felony charges, including assaulting, resisting, or impeding certain officers and aiding and abetting; assaulting, resisting, or impeding certain officers using a dangerous weapon; robbery and aiding and abetting; civil disorder; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon; and act of physical violence in the Capitol grounds or building.

            Federico Klein was convicted of eight felony charges, including six counts of assaulting, resisting, or impeding certain officers and aiding and abetting; obstruction of an official proceeding and aiding and abetting; and civil disorder. Klein was also convicted of misdemeanor offenses of disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or building.

            According to the government’s evidence, on Jan. 6, 2021, Cappuccio and Klein were among the group of rioters who illegally entered the U.S. Capitol grounds. After joining a mob of rioters that overwhelmed the police lines on the west front Capitol grounds, Cappuccio and Klein separately converged at the front of the mob in the tunnel entrance of the lower west terrace.

            Court documents state that Klein entered the tunnel at approximately 2:43 p.m. and began to yell at law enforcement officers, ignored commands to leave, and attempted to grab a police officer riot shield. Klein then used both of his arms and body to forcibly push against police. As police attempted to close a door to the tunnel, Klein used a stole police riot shield as a wedge to thwart police from closing the door.

            Meanwhile, at approximately 3:06 p.m., defendant Cappuccio approached the entrance to the tunnel, recording video on his phone of the scene outside the Capitol. Cappuccio entered the tunnel and immediately joined the push against the police line. A short while later, Cappuccio and Klein joined with other rioters in a concerted “heave-ho” push against the police line in the tunnel. During the “heave-ho” push, a police officer became pinned between the metal doors in the tunnel and a shield held by a co-defendant. Cappuccio saw this and then forcefully yanked the gas mask away from the officer’s face in hard quick movements, causing the officer’s head and neck to be yanked violently in various directions.

            As he viciously ripped off the police officer’s gas mask, Cappuccio appeared to say, “How do you like me now, fucker?!” Cappuccio then took the officer’s riot baton out of his hands and used the baton to strike the officer in the face. Cappuccio later exited the tunnel, looked to the crowd, and pumped his fist into the air victoriously.

            As Cappuccio left the tunnel, court records say that Klein remained. Klein then participated in another “heave-ho” push against police and actively resisted the police officers’ efforts to move him out of the tunnel by aggressively pushing a stolen riot shield against the police line and using the weight of his body to press forward. Klein was finally pushed out of the tunnel at approximately 3:19 p.m. and remained near the front of the mob until approximately 4:10 p.m., constantly pushing into the police line using a stolen riot shield.

             Cappuccio and Klein were charged in a superseding indictment along with seven other co-defendants in December 2021. Cappuccio is scheduled to be sentenced on Oct. 19, 2023, and Klein is scheduled to be sentenced on Nov. 3, 2023.

            They face a statutory maximum of 20 years in prison. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Northern District of Texas, the U.S. Attorney’s Office for the Southern District of Texas, and the Department of Justice’s Criminal Division.

           The case is being investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department and U.S. Capitol Police, with significant assistance provided by the FBI’s Cincinnati and San Antonio Field Offices.

            In the 30 months since Jan. 6, 2021, more than 1,069 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov

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Source: United States Department of Justice News

SIOUX FALLS – United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 10, 2023.

Steven Flood, age 38, was sentenced to two years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flood was indicted by a federal grand jury in November of 2022. He pleaded guilty on January 17, 2023.

The conviction stems from Flood failing to register as a sex offender as required by federal law between June 15, 2022, and August 4, 2022. Flood had previously been convicted of a sex offense in federal court which requires him to register for the rest of his life.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Flood was immediately remanded to the custody of the U.S. Marshals Service.

 

 

Source: United States Department of Justice News

PIERRE – United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on March 29, 2023.

Daniel Red Horse, Jr. age 52, was sentenced to 33 months in federal prison, followed by five  years  of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Red Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury in August of 2022. He pleaded guilty on December 28, 2022.

Red Horse has two prior federal sex offense convictions. As a result, Red Horse is required to register as a sex offender under the Sex Offender Registration and Notification Act. Between May 2, 2022, and June 3, 2022, Red Horse did knowingly fail to register and update his registration.  This is his eighth conviction for failing to register. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.

Red Horse was immediately remanded to the custody of the U.S. Marshals Service.