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Justice News

Department of Justice
U.S. Attorney’s Office
District of Kansas

FOR IMMEDIATE RELEASE
Wednesday, September 25, 2013

Kansas City Man Charged In Robbery, Shooting At Leawood McDonald's

KANSAS CITY, KAN. - A Kansas City, Mo., man has been indicted on federal charges in connection with a robbery in Leawood in which a restaurant manager was shot, U.S. Attorney Barry Grissom said today.

Nicholas Martell McGinnie, 26, Kansas City, Mo., is charged with one count of armed robbery, one count of discharging a firearm during the robbery and one count of unlawful possession of a firearm after a felony conviction.

The indictment alleges that on Dec. 1, 2012, he robbed the McDonald’s restaurant at 4600 W. 119th Street in Leawood, Kan. During the robbery, a store manager was shot.

If convicted, McGinnie faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge; a penalty of not less than 25 years and a fine up to $250,000 on the charge of discharging a firearm during the robbery and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.

OTHER INDICTMENTS    

Rafael Penaloza, 38, Kansas City, Kan., is charged with one count of conspiracy to distribute methamphetamine and 13 counts of distributing methamphetamine. The crimes are alleged to have occurred at various times from June 21, 2011, to March 20, 2012, in Kansas City, Kan.

If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million on the conspiracy count; not less than five years and not more than 40 years and a fine up to $5 million on two of the distribution counts; and not less than 10 years and a fine up to $10 million on each of the other distribution counts.The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Carrie Anne Neel, 36, Newton, Kan., and Karen A. Parks, 50, Newton, Kan., are charged with four counts of distributing methamphetamine and one count of maintaining a residence at 801 E. 4th in Newton in furtherance of drug trafficking. The crimes are alleged to have occurred in February and March 2013 in Harvey County, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on each of the distribution counts and a maximum penalty of 20 years and a fine up to $500,000 on the charge of maintaining a residence in furtherance of drug trafficking. The Newton Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jason Giesy, 29, and Jeremy Harris, 31, are charged with one count of conspiracy to distribute more than 1,000 kilograms of marijuana. In addition, they are charged with one count of tampering with a witness. The crimes are alleged to have occurred in September 2013 in Sedgwick County, Kan.

If convicted, they face a penalty of not less than 10 years on the marijuana charge. The Drug Enforcement Administration, the Wichita Police Department, the Sedgwick County Sheriff’s Office and the Butler County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

John Michael Devosha, 23, is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Dec. 11, 2012, and May 18, 2013, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Adan Rodriguez-Torres, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Sept. 16, 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Hilda Jaimes-Nieto, 46, a citizen of Mexico, is charged with one count of making false statements to an agent of the Department of Homeland Security.

If convicted, she faces a maximum penalty of five years in federal prison without parole and a fine up to $250,000.  Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.