Sunday, June 07, 2020

Camden County Felon Admits Unlawfully Possessing Fraudulent Law Enforcement Credentials and Firearm

CAMDEN, N.J. – A Camden County, New Jersey, man previously convicted of multiple felony offenses including robbery, burglary, and aggravated assault today admitted possessing fraudulent law enforcement credentials and unlawfully possessing a handgun, U.S. Attorney Craig Carpenito announced.

Warren E. Shelton, 54, of Chesilhurst, New Jersey, pleaded guilty by videoconference before U.S. District Judge Joseph H. Rodriguez to an indictment charging him with one count of unlawful possession of imitation badges, identification cards, and other insignia prescribed for use by officers of a department or agency of the United States and one count of possession of a firearm by a previously convicted felon.

According to documents filed in this case and statements made in court:

In 2018, Shelton designed, ordered, and acquired counterfeit Department of Homeland Security, Federal Protective Service (FPS) credentials, business identification cards, and a badge falsely representing that he was employed as a special agent with FPS and authorized to carry a weapon and enforce federal laws. During a court-authorized search of Shelton’s home in May 2019, investigators located and seized these counterfeit items and also located and seized a Colt .45 caliber handgun and ammunition along with two blank guns that resembled real firearms. As a previously convicted felon, Shelton is prohibited from possessing a firearm.

Shelton faces a maximum potential penalty of 10 years in prison and a fine of up to $250,000 for the firearm offense. He also faces up to six months in prison and a fine of up to $5,000 for possession of the counterfeit FPS credentials, business cards, and badge. Sentencing is scheduled for Oct. 7, 2020.

U.S. Attorney Carpenito credited special agents of the Department of Homeland Security (DHS), Office of Inspector General (OIG), under the direction of Assistant Special Agent in Charge Julio Santana; special agents of the Department of Homeland Security, Federal Protective Services (FPS), under the direction of Supervisory Special Agent Anthony Fuscellaro; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason Molina; special agents of the U.S. Secret Service, Philadelphia Field Office, under the direction of Special Agent in Charge James Henry; and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Charlie J. Patterson with the investigation leading to today’s guilty plea.  He also thanked officers of the New Jersey State Police, under the direction of Superintendent Col. Patrick J. Callahan, the Camden County Police Department, under the direction of Chief Joseph Wysocki, and the Chesilhurst Police Department, under the direction of Chief Wendell Smith for their assistance.

The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Daniel A. Friedman of the U.S. Attorney’s Office Criminal Division in Camden.

Three Men Plead Guilty to Gun Charges as Part of Project Guardian Initiative

Three men pleaded guilty this week to federal gun charges, announced U.S. Attorney Trent Shores.

The three defendants pleaded guilty to being felons in possession of a firearm and ammunition. By law, convicted felons are prohibited from possessing firearms. The cases are part of the Justice Department’s Project Guardian, an initiative designed to reduce gun violence across the country.

“Project Guardian reduces gun crime by prosecuting the illegal possession of guns by prohibited persons, including felons, domestic abusers, and drug addicts. The prosecution of these cases fosters communities where families feel safer and businesses can thrive,” said U.S. Attorney Trent Shores

Damico Rashaad Hunter, 24, of Sand Springs, pleaded guilty to being a felon in possession of a firearm and ammunition. Hunter and a passenger were pulled over on July 24, 2018, for traffic violations. Officers discovered a loaded Glock .40 S&W caliber pistol and ammunition under his seat. In a written plea agreement, Hunter stated that on the date of the stop, he knowingly possessed the firearm and ammunition. The Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

Dallas Gray Morton, 20, of Tulsa, pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. On Oct. 1, 2019, during a traffic stop for speeding and expired tags, Morton refused to stop and eluded officers throughout Tulsa. Morton eventual stopped, fled on foot, and tried to discard his weapon. Officers then arrested him. Officers found Morton’s loaded Smith and Wesson .40 S&W caliber semi-automatic pistol. Morton also had an additional loaded magazine for the gun in his pocket. On February 24, 2020, officers found a semi-automatic pistol and a Glock GMBH 9X19 caliber semi-automatic pistol and ammunition during a second stop for a traffic violation. The Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

Brian James Susi, 32, of Broken Arrow, pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. According to a Criminal Complaint filed Feb. 24, 2020, the Owasso Police Department received a report that on Dec. 30, 2019, an individual, later discovered to be Susi, had shoplifted gun holsters, phone covers and other items at a Walmart. An Owasso police officer observed Susi in the parking lot and stopped him. The officer searched his vehicle and discovered stolen items, hypodermic needles, black mask and gloves, and a Smith and Wesson .380 ACP caliber semi-automatic pistol and ammunition. The officer also found assorted burglary tools, including zip ties, a flashlight, black tape, two screw drivers, a razor blade, and an auto window punch. In his plea agreement, Susi admitted to being a felon and knowingly possessing the pistol and ammunition found in the car.

According to the Complaint, Susi was also arrested during an undercover prostitution investigation at a local hotel on Jan. 15, 2020. According to the Complaint, officers found drugs, drug paraphernalia and a Glock GMBH 9X19 caliber semi-automatic pistol with 13 rounds of ammunition. The firearm was stolen during a vehicle burglary that took place four days earlier.

In his written plea agreement, Susi admitted to being a felon in possession of both firearms and the ammunition. The Owasso Police Department, the Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

Assistant U.S. Attorney Mark R. Morgan is prosecuting the cases.

Reducing gun violence and enforcing federal firearms laws have always been among the Justice Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

Saturday, June 06, 2020

Winnebago Man Charged with Manslaughter

United States Attorney Joe Kelly announced the unsealing of a criminal complaint charging Jonathan Daniel Rooney, age 25, of Winnebago, Nebraska with Manslaughter occurring in Indian Country for the death of Kozee Decorah. Rooney’s arrest occurred on June 1, 2020. The maximum punishment for the offense is 15 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Rooney appeared before United States Magistrate Judge Susan M. Bazis on June 3, 2020. A preliminary hearing and a detention hearing will be held at a date to be determined. As this matter concerns an ongoing investigation, the United States Attorney’s Office is unable to provide additional comment at this time.

This case was investigated by the Winnebago Police Department, the Nebraska State Fire Marshal, and the Federal Bureau of Investigation.

A complaint is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.

Arrest Made for the Arson of Fayetteville’s Historic Market House

RALEIGH, N.C. – A Fayetteville man was arrested today for taking part in the arson of Fayetteville’s Market House after an otherwise peaceful demonstration over the death of George Floyd in Minneapolis, Minnesota, turned violent, Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina announced.

Charles Anthony Pittman, of Fayetteville was arrested by special agents of the ATF and is charged by complaint with one count of maliciously damaging property owned or possessed by an institution receiving federal financial assistance.  Pittman will make his initial appearance June 9, 2020, by videoconference before U.S. Magistrate Judge Robert T. Numbers, II.

According to the complaint, on May 30, 2020, an otherwise peaceful protest in downtown Fayetteville turned violent when several individuals set fire to the Market House.  A local television crew caught Pittman on camera showing a red gasoline container to the crowd below before he poured its contents throughout the floor of the second story.  Pittman ran out of the Market House as the floor caught on fire with other individuals, including an employee, still inside.  As a result of the fire, the Market House sustained charring and mass wood loss to the second story floor.

Earlier that same day, Pittman broadcasted a Facebook Live video while he drove around the Market House traffic circle.  Pittman claimed to be scoping out the scene, as he discussed whether the Market House should come down.  After noting the inaction of the peaceful protesters, saying they would just “barbeque and mildew,” Pittman promised the Facebook Live audience that he would be back.  Pittman wore the same shirt in the Facebook Live video that he wore later at the Market House fire. 

The count charged in the criminal complaint carries a statutory mandatory minimum term of imprisonment of seven (7) years, a maximum potential penalty of forty (40) years in prison, and a maximum fine of $250,000.  

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina credited the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Fayetteville Police Department (FPD) with the investigation leading to today’s arrest. Assistant U.S. Attorneys Chad Rhoades and J.D. Koesters of the U.S. Attorney’s Office’s Criminal Division are representing the government.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Man Sentenced to Prison for Multiple Armed Robberies

NEWPORT NEWS, Va. – A Newport News man was sentenced today to 21 years in prison for participating in armed robberies of a Lyft driver, a Papa John’s Pizza delivery person, and the clerk of a Sunoco gas station.

According to court documents, Darrell R. Pittman, 21, planned and executed a series of armed robberies in Hampton, Newport News and Richmond. During Pittman’s robbery spree, he pointed a firearm at each victim and made threats of violence. In the Hampton and Newport News robberies, Pittman stole vehicles at gunpoint and eventually led police on high speed pursuits through residential neighborhoods. Additionally, Pittman and four accomplices were involved in an accident following a shoplifting incident at a Kohl’s department store in Newport News. The crash resulted in the death of a 78-year-old woman. Pittman escaped from the accident scene and was the subject of a manhunt in Hampton Roads. With the assistance of the media and the public, Pittman was apprehended by the U.S. Marshals Service working in conjunction with ATF and the Newport News Police Department.

This case is part of Project Safe Neighborhoods (PSN), which is 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.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Nick Proffitt, U.S. Marshal for the Eastern District of Virginia; Steve R. Drew, Chief of Newport News Police; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Humberto I. Cardounel, Jr., Chief of Henrico County Police Division; and Terry L. Sult, Chief of Hampton Police Division, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis. Special Assistant U.S. Attorney Jeremy Franker prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-035.

Final Defendant in Methamphetamine Trafficking Conspiracy Pleads Guilty

LONDON, Ky. - A Mt. Vernon, Kentucky man, Brice Hubbard, 47, pleaded guilty in federal court on Friday, before Magistrate Judge Hanly A. Ingram, to conspiring with others to distribute 500 grams or more of a methamphetamine mixture.

Hubbard admitted that, from February 2019 to May 2019, he conspired with Dallas Clifford, Dustin Hurley, and Jordan Moore to distribute 500 grams or more of methamphetamine.  Hubbard admitted to supplying pound level quantities of methamphetamine to co-conspirators, who would then sell the methamphetamine to middlemen and end-users. Hubbard also admitted to arranging the sale of a pound of methamphetamine in Berea, Ky.

Clifford and Hurley pleaded guilty in February 2020, and are scheduled to be sentenced on July 23, 2020 and June 12, 2020, respectively. Moore pleaded guilty in May 2020 and is scheduled to be sentenced on September 17, 2020.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; and Jeffrey Todd Scott, Special Agent in Charge, DEA Louisville Field Division; jointly announced the guilty plea.

The investigation was conducted by the DEA. The United States was represented by Assistant U.S. Attorney Jenna Reed.

Hubbard is scheduled to be sentenced on a date yet to be determined by the court. He faces up to life in prison.  However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.

Friday, June 05, 2020

West Virginia Man Pleads Guilty to Armed Drug Trafficking

PIKEVILLE, Ky. - A Williamson, W. Va. man, Curtis Hight, 38, pleaded guilty in federal court on Friday, before U.S. Magistrate Judge Edward Atkins, to distributing heroin and crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.

Hight admitted that on October 16, 2019, in Pike County, he sold heroin and crack cocaine to a confidential witness from his residence.  According to his plea agreement, during the controlled purchase, a handgun was within arm’s reach of Hight when he made the sale.  Officers seized 13 firearms, ammunition, a bulletproof vest, one gram of heroin, 2.5 grams of crack cocaine, $15,775 in cash, and paraphernalia consistent with drug trafficking from his residence.

Hight was indicted in November 2019.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge, FBI Louisville Field Office; and Commissioner Rodney Brewer, Kentucky State Police, jointly announced the guilty plea.

The investigation was conducted by the FBI and KSP.  The United States was represented by Assistant U.S. Attorneys Jason Parman and Nick Rabold. 

Hight faces up to 20 years in prison for the heroin trafficking charge, and not less than five years for the firearms charge, which must run consecutively.  However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.            

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

North Dartmouth Woman Sentenced for Obtaining Cocaine from Puerto Rico Through the U.S. Mail

BOSTON – A North Dartmouth woman was sentenced today in connection with her role in obtaining cocaine from Puerto Rico through the mail.

Cristina Lopez, 45, was sentenced by U.S. District Court Judge Leo Sorokin to six years in prison and three years of supervised release. In October 2019, Lopez pleaded guilty to conspiring to possess with intent to distribute five kilograms or more of cocaine and possession with intent to distribute 500 grams or more of cocaine. Lopez has been in custody since her arrest in August of 2018.

Between March 2017 and August 2018, postal inspectors identified more than 40 suspicious parcels that had been sent through the mail from Puerto Rico to various addresses in Massachusetts, including residences in Quincy, North Dartmouth, Weymouth, and New Bedford. The suspicious parcels were often sent on the same day from Puerto Rico to two or more different addresses in Massachusetts. Agents executed search warrants on two of the parcels and seized approximately two kilograms of cocaine hidden in sealed coffee cans. Through surveillance, it was determined that Lopez and John Tavares, 31, of Weymouth, were receiving the majority of the parcels. It was also determined that Lopez and Tavares had been flying regularly from Massachusetts to Puerto Rico for trips lasting only 30 to 72 hours, and that the parcels suspected of containing cocaine were then typically sent to Massachusetts within one to three days after their return. At sentencing, Judge Sorokin found that Lopez and Tavares were responsible for distributing more than 44 kilograms of cocaine.

Multiple search warrants were executed on Aug. 18, 2018, including at three different residences in Weymouth, North Dartmouth and Boston. During those searches, more than three kilograms of cocaine, in excess of $100,000 in U.S. currency, two firearms and various drug paraphernalia was seized.

Tavares pleaded guilty to conspiring to possess with intent to distribute five kilograms or more of cocaine and possession with intent to distribute 500 grams or more of cocaine. He is scheduled to be sentenced before Judge Sorokin on June 22, 2020.

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Norfolk County District Attorney Michael W. Morrissey; Bristol County District Attorney Thomas M. Quinn, III; and Bristol County Sheriff Thomas M. Hodgson made the announcement today. Police Departments in Quincy, Weymouth, Braintree, North Dartmouth and Boston also assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Nadine Pellegrini of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

Rapid City Man Sentenced for Importation of Controlled Substances

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man who pleaded guilty to two counts of Importation of Controlled Substances, heroin and fentanyl, was sentenced on June 4, 2020, by U.S. District Judge Jeffrey L. Viken.

Nathan Reuer, age 26, was sentenced to time served (approximately 16 months), 3 years of supervised release, restitution costs for drug testing, and a $200 special assessment to the Federal Crime Victims Fund. 

Beginning on or about February 2018 through early February 2019, the defendant utilized the internet and “darkweb” to order many types of both legal and controlled substances, including heroin and fentanyl.  The packages were sent from outside the United States through the mail system.

This case was investigated by the Homeland Security Investigations and UNET (a Rapid City based drug task force comprised of members from the South Dakota Division of Criminal Investigation, Rapid City Police Department, Pennington County Sheriff’s Office, and SD National Guard).  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

Two Men Charged with Theft of Firearms During Protests

Third Burglary Suspect Still at Large, Reward Offered

Two men who exploited the chaos of Dallas’ Black Lives Matter protests to steal firearms have been charged with gun crimes, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.

Demonte Kelly, 18, and Lejael Rudley, 19, were charged via criminal complaint with theft from a Federal Firearms Licensee (FFL) and possession of stolen firearms.

“Theft of firearms will always trigger swift law enforcement action,” said U.S. Attorney Nealy Cox. “We are thankful to the members of the public who stepped up to help law enforcement track down these men and their stolen guns.  This prosecution sends a message: Federal law enforcement will not allow criminals to use the turmoil facing our city as cover for their own lawless ends.” 

“Recovering stolen firearms is a priority for ATF and the community,” stated ATF Special Agent in Charge of the Dallas Division Jeffrey C. Boshek II. “My thanks to the agents, investigators and members of the public who worked swiftly to identify these men so quickly after the burglary.”

According to the complaint, unsealed today, a surveillance camera recorded three men exiting DFW Gun Range around 1:45 a.m. on Sunday, May 31, shortly after the theft of more than 40 firearms.

In the span of just 80 seconds, the trio allegedly pried open the side entrance of the facility, grabbed three rifles posted on the wall, and smashed glass cases to snatch several dozen handguns stored inside.

Following ATF’s release of the surveillance video, a tipster identified one of the men as Demonte Kelly, of Dallas.

Dallas police officers tracked Mr. Kelly to a hotel in southeast Dallas, where they observed him interacting with two men: Mr. Rudley and a third man, later identified as S.J. Mr. Kelly then drove off in a red Jeep with paper plates.    

With ATF running point on surveillance, Dallas police conducted a traffic stop on the Jeep. Inside the vehicle, officers discovered one of the stolen firearms.

During a subsequent interview with ATF, Mr. Kelly identified himself in the surveillance video, admitted to burglarizing the gun range, and gave agents written consent to search his hotel room. He also admitted to selling one of the stolen firearms to an unknown individual. Inside his hotel room, agents recovered four additional stolen firearms, 76 rounds of assorted ammunition, and baggies of crack cocaine.

ATF also interviewed Mr. Rudley, who also admitted to burglarizing the gun range and gave agents written consent to search his hotel room, where agents recovered a sixth stolen firearm.

A criminal complaint is merely an allegation of wrongdoing, not evidence. Mr. Kelly and Mr. Rudley are presumed innocent unless and until proven guilty in a court of law.

The defendants made their initial appearances before U.S. Magistrate Judge David L. Horan Friday. If convicted, they face up to 20 years in federal prison.

The third individual allegedly involved in the burglary, identified as S.J., remains at large. ATF and the U.S. Attorney’s Office urge the public to report any information they have on the whereabouts of S.J. or the stolen weapons: 888-ATF-TIPS, ATFTips@atf.gov, http://atf.gov/contact/atftips, @Reportitcom, or text ATFDAL to 63975. ATF has partnered with the National Shooting Sports Foundation to offer a $10,000 reward.

The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Dallas Police Department conducted the investigation. Assistant U.S. Attorneys Gary Tromblay, Joe Magliolo, and Keith Robinson are prosecuting the case.

Raleigh Man Arrested for Attempting to Set Fire to Raleigh Police Department Vehicle

RALEIGH, N.C. – A Raleigh man was arrested yesterday for attempting to set fire to a marked police vehicle in Raleigh after a demonstration over the death of George Floyd in Minneapolis, Minnesota, Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina announced.

Jabari Devon Davis, of Raleigh, North Carolina, was arrested by special agents of the ATF and is charged by complaint with one count of attempting to damage or destroy by fire a vehicle owned or possessed by an institution receiving federal financial assistance.  Davis will make his initial appearance June 5, 2020, by videoconference before U.S. Magistrate Judge Robert T. Numbers, II.

According to the complaint, On May 31, 2020, at approximately 12:30a.m., a fire was discovered coming from the fuel filler area of a marked Raleigh Police Sport Utility Vehicle (SUV) at the Raleigh Police Southeast District Station located at 2800 Rock Quarry Road, Raleigh, North Carolina.  Charring was also located in the landscaping behind the police vehicle. Video surveillance from the Southeast District Station was reviewed and showed a dark colored vehicle turn right on to New Birch Road.  The vehicle proceeds on New Birch Road and stops behind the police vehicle that was damaged.  The suspect vehicle was stopped for a short period of time and then proceeded east on New Birch Road.  The vehicle proceeds to a roundabout and then heads back west on New Birch Road. The video surveillance then picks the vehicle back up turning left on Olde Birch Road.  Within sixty seconds of the vehicle stopping on New Birch Road, a fire is observed coming from between two police vehicles.

A fingerprint had been lifted off of the Hennessey bottle recovered at the scene. A latent print examiner determined the print to be the left ring finger of Davis. Davis was interviewed at his residence where he admitted to being the subject who intentionally set the police vehicle at the Southeast District on fire. Davis stated that he is “pissed off with everything going on.”

The count charged in the criminal complaint carry a statutory mandatory minimum term of imprisonment of five years, a maximum potential penalty of 20 years in prison, and a maximum fine of $250,000.  

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina Credited the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) with the investigation leading to today’s arrest. The government is represented by Assistant U.S. Attorney Daniel W. Smith  of the of the U.S. Attorney's Office’s Criminal Division.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

###

Richlands Man Faces Federal Charge of Lying to Federal Agents About Cause of Injuries, Possession of Explosives

ABINGDON, Va. – In a federal criminal complaint issued yesterday, a Richlands, Va. man, who appeared at a health clinic with severe injuries to his hands and fingers, is charged with lying to federal investigators about how he was injured and whether or not he possessed explosives. United States Attorney Thomas T. Cullen, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and Colonel Gary T. Settle, Superintendent of the Virginia State Police made the announcement today.

Cole Carini, 23, was arrested yesterday and is charged with one count of lying to federal agents. He will make his initial appearance in later today in U.S. District Court.

According to court documents, on June 3, 2020, Carini went to a health clinic in Richlands suffering from an amputated hand, amputated fingers on the opposite hand, and shrapnel wounds to the neck and throat. After being interviewed at the hospital by officers, Carini reported that his injuries were caused by a lawn mower accident at his home.

During a search of Carini’s home, agents found the lawn was overgrown and found no other evidence indicating a lawn mower had recently been used. They did, however, find evidence of an explosion, more consistent with the types of injuries Carini had suffered.  Agents also discovered significant quantities of what is believed to be Triacetone Triperoxide, an explosive substance used in the creation of improvised explosive devices.

When questioned again, Carini insisted that he was injured when the lawn mower flipped over while he was mowing the grass.  Carini also stated he had no explosives in his residence.

The investigation of the case is ongoing and is being conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Virginia State Police, the Richlands Police Department and the Tazewell County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit Pierce are prosecuting the case for the United States.

A criminal complaint is merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.       

Corrections officer charged with smuggling contraband into Oahu Community Correctional Center

HONOLULU, Hawaii – Jon Estabilio, Jr., 45, of Honolulu, Hawaii, was charged today by federal complaint with possession of a controlled substance with the intent to distribute, providing or possessing contraband in prison, and bribery of public officials. Estabilio has been remanded to federal custody pending further proceedings.

U.S. Attorney Kenji M. Price for the District of Hawaii announced that the complaint alleges that on June 3, 2020, Estabilio, an adult corrections officer at the Oahu Community Correctional Center (“OCCC”) was searched administratively after prison call information suggested Estabilio was smuggling contraband into the prison. Several packs of cigarettes, lighters, tattoo kits, and a total of 16 small zip lock baggies containing methamphetamine were found on Estabilio.

“The complaint in this case describes the egregious conduct of a corrections officer who chose to endanger the OCCC community rather than protect it, by smuggling the very same poison that destroys the lives of so many in our communities into OCCC. My office will not tolerate corrections officers who engage in such conduct and will aggressively prosecute those who do to the fullest extent of the law,” said U.S. Attorney Price.

"The alleged behavior will not be tolerated in our community. It is a FBI priority to investigate allegations of wrongdoing from those who have taken an oath to protect our citizens. We must always hold our law enforcement and corrections officers to the highest standards of accountability and integrity," said Federal Bureau of Investigation Special Agent in Charge Eli S. Miranda.

The charges in the complaint are merely allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This prosecution was investigated by the FBI. It is being prosecuted by Assistant U.S. Attorney Sean Van Demark.

190 Firearms Stolen from Nine Gun Retailers Nationwide During Current Unrest

At least 190 firearms were stolen from gun stores, ranges and/or pawn shops between May 26th and June 1, 2020.  Three of the nine thefts were clearly associated with looting associated with the current civil unrest.

 

May 26 – Alabama:          4 firearms

May 26 – Tennessee:     4 Firearms

May 27 – Louisiana:         1 Firearm

May 29 – Georgia:           42 Firearms

May 29 – New York:        12 Firearms

May 29 – California:        29 Firearms

May 30 – Delaware:        35 Firearms

June 1 – Texas:                  32 Firearms

June 1 Florida:                   31 Firearms

 

Reference:

https://www.atf.gov/news/pr/atf-nssf-offer-reward-gun-store-burglary-3

https://www.atf.gov/news/pr/atf-and-firearms-industry-offer-10000-reward-hayward-firearms-theft

https://www.atf.gov/news/pr/reward-offered-chuck%E2%80%99s-firearms-inc-burglary

https://www.atf.gov/news/pr/atf-offers-reward-gun-store-burglary-65

https://www.atf.gov/news/pr/5000-reward-information-reds-indoor-range

https://www.atf.gov/news/pr/atf-and-firearms-industry-offers-15000-reward-firearms-theft

https://www.atf.gov/news/pr/atf-west-palm-beach-police-department-offer-5000-reward-information-attempted-burglary-queen

https://www.atf.gov/news/pr/atf-and-firearms-industry-offers-15000-reward-firearms-theft

 

Thursday, June 04, 2020

Three Men Face Federal Arson Charges For Setting Fire To Police Patrol Vehicle During Protest In Downtown Las Vegas

LAS VEGAS, Nev. — Three men were arrested Wednesday and charged today for conspiring to and setting fire to a Las Vegas Metropolitan Police Department patrol vehicle during a protest in Las Vegas, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Special Agent in Charge Aaron C. Rouse of the Federal Bureau of Investigation (FBI).

Tyree Walker (23), Devarian Haynes (23), and Ricardo Densmore (24), all of Las Vegas, were each charged in a federal criminal complaint with one count of conspiracy to commit arson and one count of arson. The defendants are scheduled to make their initial appearance before U.S. Magistrate Judge Brenda Weksler on June 5, 2020.

“Agitators who are using the camouflage of lawful protests to commit violence against law enforcement will be prosecuted,” said U.S. Attorney Trutanich. “Violence places protesters, first responders, and bystanders in danger, and steals focus away from the messages that peaceful protesters are striving to deliver.”

“Any individual that is engaging in an act of arson is engaging in extremely dangerous behavior,” said Special Agent in Charge Gorman for ATF. “In addition to the destruction of property, acts of arson put the lives of the public at great risk. ATF takes these acts of violence very seriously and is working alongside our local, state, and federal law enforcement partners to protect the public and uphold the rule of law. We will continue to work diligently to ensure the safety of the community and prevent incidents like this from occurring.”

The criminal complaint alleges that, shortly after midnight on May 31, 2020, Las Vegas Fire & Rescue responded to a fire involving a Las Vegas Metropolitan Police Department (LVMPD) patrol vehicle. The patrol vehicle was parked near the intersection of South Ninth St. and East Carson Avenue, during protests relating to Mr. Floyd’s death. A social media video captured the event, leading LVMPD investigators to Walker, Haynes, and Densmore. The video, which was filmed by Densmore, showed Haynes pouring a flammable liquid from a gas can through a broken or missing front passenger side window of the patrol vehicle. Walker lit an object to ignite the liquid, and then Haynes dropped the gas can into the patrol vehicle. All three defendants fled when they heard sirens from an approaching LVMPD vehicle.

If convicted, Walker, Haynes, and Densmore each face: (a) a mandatory minimum sentence of five years; (b) a mandatory maximum sentence of 20 years in prison; and (c) up to a $250,000 fine. The minimum and maximum statutory sentences are prescribed by Congress, and are provided here for informational purposes only. If convicted of any offense, the sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law. 

This case was the product of an investigation by the ATF, the Las Vegas Metropolitan Police Department, Las Vegas Fire & Rescue, and the FBI-led Criminal Apprehension Team in conjunction with the Joint Terrorism Task Force. Assistant U.S. Attorneys Lisa Cartier-Giroux and Stephanie Ihler are prosecuting the case.

Charges against federal prison inmates reflect crackdown on continued illegal behavior by inmates

Charges include assaults on staff and other inmates, contraband possession

BRUNSWICK, GA:  Nearly two dozen federal prison inmates are facing new charges for continued illegal behavior while incarcerated, potentially adding more time to their sentences.

A total of 20 inmates, all incarcerated at Federal Correctional Institution-Jesup in Jesup, Ga., have been charged in fiscal year 2020, with seven recently charged via Informations, said U.S. Attorney Bobby L. Christine. The charges range from assault on prison guards or other inmates, public indecency, and possession of contraband in the form of cell phones and narcotics. Two other defendants are charged with providing contraband to inmates.

“Corrections officers have a difficult, stressful job in protecting the health and safety of those incarcerated in federal prisons,” said U.S. Attorney Christine. “We hold seriously our duty to provide assistance by prosecuting those inmates who continue to violate the law while behind bars.”

Those charged, their charges, include:

Possessing Contraband in Prison (Cell Phones)

  • Jared Thomas Bowers, 32, of Anchorage, Alaska. Bowers is incarcerated for drug trafficking, with a scheduled release of October 2023.
  • Sean Butler, 40, of Bradenton, Fla. Butler is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of February 2023.
  • Darrell Lee Byrd, Jr., 32, of Austin, Texas. Byrd is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of January 2026.
  • Leroy Chappell, Jr., 43, of Macon, Ga. Chappell is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of June 2022.
  • Reynaldo Diaz, 42, of Miami, Fla. Diaz is incarcerated for possession of cocaine with intent to distribute, and possession of a firearm by a convicted felon, with a scheduled release date of September 2021.
  • Yancey Garringer, 41, of Miramar Beach, Fla. Garringer  is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of September 2021.
  • Clarence Goree, 45, of Chicago. Goree is incarcerated for conspiracy to possess a controlled substance with intent to distribute, with a scheduled release date of March 2029.
  • Walter Johnson, 46, of Fort Walton, Fla. Johnson is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of December 2023.
  • David Muniz, 36, of Covington, Ky. Muniz is incarcerated for conspiracy to distribute heroin, with a scheduled release date of April 2020.
  • David Needom, 43, of Cartersville, Ga. Needom is incarcerated for possession of a firearm during a drug trafficking crime, with a scheduled release date of March 2021.
  • Robert White, 37, of Manning, S.C. White is incarcerated for conspiracy to possess cocaine with intent to distribute, with a scheduled release date of October 2028.
  • Durrell Williams, 34, of Queens, N.Y. Williams is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of April 2024.
  • Miguel Lopez, 33, of Miami, Fla. Lopez is incarcerated for possession of a machine gun, with a scheduled release date of February 2021.
  • Christopher Woods, 41, of Washington, D.C. Woods is incarcerated for armed robbery, with a scheduled release date of September 2023.

Possessing/Providing Contraband in Prison (Narcotics)

  • Jamohl Swann, 39, of Indian Head, Md. Swann is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of June 2023.
  • Julio Lopez, 46, of Miami, Fla. Lopez is incarcerated for possession of a firearm by a convicted felon, with a scheduled release date of October 2027.
  • Angela Satterwhite, 43, of Indian Head, Md., is charged with providing contraband in prison. The charge carries a possible penalty of up to five years in federal prison.
  • Margie Izquierdo, 45, of Hialeah, Fla., is charged with providing contraband in prison. The charge carries a possible penalty of up to five years in federal prison.

Assault

  • Dennis Ogburn, 50, of Chicago. Ogburn is incarcerated for conspiracy to distribute cocaine, with a scheduled release date of November 2025.

Public Indecency

  • Berry Green, 26, Miami, Fla. Green is incarcerated for possession of a firearm by a convicted felon, with a scheduled release date of October 2033.
  • Stephon Greene, 27, Manassas, Va. Greene is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of February 2026.
  • Duwayne Jones, 44, Lake Worth, Fla. Jones is incarcerated for distribution of heroin, with a scheduled release date of March 2029.

The additional charges could add as much as five years to incarcerated defendants’ current sentences.

“We cannot let prisoners get the upper hand on corrections officers, putting their lives and the lives of other inmates in danger,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI wants to thank our partners, the Bureau of Prisons FCI-Jesup investigators, whose hard work was integral in making these charges possible.”

Criminal informations contain only charges; defendants are presumed innocent unless and until proven guilty.

The cases are being investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services at FCI-Jesup, and are being prosecuted for the United States by Assistant U.S. Attorney Joshua S. Bearden.

Armed Career Criminal Sentenced To 15 Years For Possessing A Firearm And Ammunition

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Surrodrick McCobb (45, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered McCobb to forfeit the firearm and ammunition used in the offense.

McCobb had pleaded guilty on January 24, 2020.

According to court documents, on November 9, 2018, deputies from the Sarasota County Sheriff’s Office served a search warrant at McCobb’s home and recovered a loaded firearm and a box of ammunition from a drawer in the master bedroom. A fingerprint analyst matched McCobb’s fingerprint to a fingerprint that a crime scene technician had lifted from the box of ammunition. At the time, McCobb had previously been convicted of several felonies and is therefore prohibited from possessing firearms or ammunition.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Fayette County Man with Prior Child Porn Conviction Pleads To Possessing 1000’s of Images Depicting the Sexual Exploitation of Children

PITTSBURGH -A Fayette County resident pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

Michael Pulliam, 36, of Fairchance, Pennsylvania pleaded guilty to one count before Chief United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that in April 2019, an undercover online investigation revealed that Pulliam was sharing child pornography over the eMule file sharing network. A subsequent search of Pulliam’s residence, and electronic devices, uncovered thousands of images of child pornography, including images of prepubescent children and sadistic and masochistic conduct. The Court was further advised that Pulliam has a prior conviction in federal court for possession of child pornography, which triggers a mandatory sentence of at least 10 years in prison.

Judge Hornak scheduled sentencing for October 6, 2020 at 9:30 am. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the court ordered that the defendant remain detained.

Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.

The Pennsylvania State Police conducted the investigation that led to the prosecution of Pulliam.

Hot Springs Man Sentenced To 10 Years In Federal Prison For Drug Trafficking And Firearms Possession

Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Terry Gibbons, age 43, of Hot Springs, Arkansas, was sentenced to a total of 120 months in federal prison followed by four years of supervised release on one count of Possession with Intent to Distribute Methamphetamine and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.

In November 2018, a Hot Springs Police Officer conducted a traffic stop on a vehicle operated by Gibbons. While speaking with Gibbons, the officer observed a firearm in the storage compartment of the driver’s door. A check of the firearm determined that it had been reported stolen. Gibbons was placed under arrest and searched, at which time the officer located several baggies of methamphetamine and drug paraphernalia. 

The suspected methamphetamine was submitted to the Arkansas State Crime lab for testing and tested positive for methamphetamine with a total weight of 219.4 grams.

Gibbons was indicted by a federal grand jury in June of 2019, and entered a guilty plea in October of 2019. 

This case was investigated by the Hot Springs Police Department. Assistant United States Attorney Bryan Achorn prosecuted the case for the Western District of Arkansas.

Statement from FBI New York Assistant Director in Charge William F. Sweeney, Jr. on Attack on the NYPD in Brooklyn

FBI New York Assistant Director in Charge William F. Sweeney Jr. made the following statement in response to the June 3, 2020 attack on the New York Police Department (NYPD) in Brooklyn, during which a single perpetrator approached the officers, and, without warning, stabbed one of them in the neck. A struggle ensued and shots were fired, resulting in two additional officers being shot. The perpetrator was also shot. The officers are expect to survive.

Last night's cowardly attack on the NYPD left one officer stabbed and two shot. The FBI New York Office is fully engaged. We respond as if one of our own was attacked, and we will use every federal statute available to hold the perpetrator accountable.

Billings meth trafficker sentenced to prison

BILLINGS—A Billings woman who admitted methamphetamine trafficking charges was sentenced today to six years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Sarah Marie Guckeen, 37, pleaded guilty in February to conspiracy to possess with intent to distribute meth and possession with intent to distribute meth.

U.S. District Judge Susan P. Watters presided.

The prosecution said in court records that in March 2019, law enforcement received a call from a woman who said she had recovered some meth. Guckeen had called the woman the day before about a package she was expecting to be delivered to the woman's house. When the package arrived, the woman got suspicious, opened the package and found meth. The package contained about a pound of meth, which is the equivalent of 3,624 doses.

In an interview with agents, Guckeen admitted to being the intended recipient of the meth package and that she was going to be taking over distribution for another person, whose source of supply was in California. The source of supply had sent Guckeen the pound of meth.

Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI task force, the Eastern Montana High Intensity Drug Trafficking Area Task Force and the Billings Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

Three Men Charged in Separate and Unrelated Bank Robbery Cases

OKLAHOMA CITY – Three men have been charged in separate and unrelated bank robbery cases, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.

On June 3, 2020, a federal grand jury indicted Keith Lamar Carter, 37, of Oklahoma City, for bank robbery.  The indictment alleges that on December 23, 2019, Carter entered Credit Union One of Oklahoma, located at 3300 N. Lincoln Boulevard, Oklahoma City, Oklahoma, and handed a demand note to a teller, who provided money to Carter. He then fled on a BMX style bicycle. After bank surveillance photos were published in the media and additional investigation was conducted, law enforcement received information that pointed to Carter.  On February 13, 2020, he was charged by criminal complaint and arrested on February 25, 2020.   If convicted, Carter faces a maximum penalty of twenty years in prison, three years of supervised release, a fine of up to $250,000, and restitution.  Assistant U.S. Attorneys Ashley Altshuler and Stanley West are prosecuting the case.

On June 3, 2020, a federal grand jury indicted Brandon Scott Newberry, 39, of Ada, of bank robbery.  The indictment alleges that on May 12, 2020, Newberry entered City National Bank and Trust, located at 9011 NE 23rd Street, Oklahoma City, Oklahoma and that he handed a demand note to a teller, who provided money to Newberry.  On May 15, 2020, law enforcement arrested Newberry based on an arrest warrant that arose out of a criminal complaint.  If convicted, Newberry faces a maximum penalty of twenty years in prison, three years of supervised release, a fine of up to $250,000, and restitution.  Assistant U.S. Attorney Stanley West is prosecuting this case.

On June 3, 2020, a federal grand jury indicted John Scott Brooks, 36, of Lawton, for bank robbery.  The indictment alleges that on March 23, 2020, Brooks robbed the Southwest Oklahoma Federal Credit Union (SOFCU), located at 6714 West Gore Boulevard, Lawton, Oklahoma, and that he used a fake bomb during the robbery.  Law enforcement had previously arrested Brooks on April 2, 2020 for the robbery.  If convicted on Count 1, Brooks faces a maximum penalty of twenty years in prison, three years of supervised release, a fine of up to $250,000, and restitution.  In Count 2 of the indictment, Brooks is charged with conveying a bomb threat during the robbery.  If convicted on Count 2, Brooks faces a maximum penalty of up to a 10-year sentence, three years of supervised release, and a fine of up to $250,000.  Assistant U.S. Attorney Edward J. Kumiega is prosecuting the case.

These cases are the result of investigations by the Federal Bureau of Investigation Oklahoma City Field Office, the Lawton Police Department, and the Oklahoma City Police Department. 

Reference is made to court filings for further information. An indictment is only a charge and is not evidence of guilt.  Each defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt. 

Brockton Man Charged with Illegal Possession of Firearms

BOSTON – A Brockton man was charged in connection with attempting to purchase six firearms from an undercover federal agent.

Rotchill Seme, 21, of Brockton, was arrested yesterday and charged with being a felon in possession of a firearm. Following an initial appearance today, Seme was detained pending a detention hearing scheduled for June 10, 2020.

According to the criminal complaint, beginning on May 25, 2020, Seme began texting with an uncover federal agent about purchasing multiple firearms. After meeting on May 27, 2020, Seme agreed to purchase six handguns from the undercover agent for $3,500. On June 3, 2020, Seme met the undercover agent in a Brockton fast food restaurant parking lot to conduct the transaction. As the meeting concluded, law enforcement approached to arrest Seme, who attempted to flee but was arrested. Seme, who was wearing an ankle GPS bracelet at the time of his arrest, is on parole following state convictions for various drug and firearms offenses and is therefore prohibited from possessing firearms and ammunition.

The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelley D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistant U.S. Attorney David G. Tobin, of Lelling’s Major Crimes Unit, is prosecuting the case.

The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.