Eighteen Individuals Sentenced During The Month Of March For Federal Supervised Release Violations

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of March, 2013, eighteen individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.

WHEELING DIVISION REVOCATIONS

(Judge Frederick P. Stamp, Jr.)

GLENN ALBERT STEWART, JR., of Follansbee, West Virginia, was sentenced to 40 months imprisonment for testing positive for the use of marijuana; failure to timely notify probation officer of citation received following a car accident; possession of drug paraphernalia; possession of edged weapon; a conviction in Hancock County for three counts of House Burglary; and, a conviction in Ohio County for Burglary. STEWART was originally sentenced on May 28, 1998, to 180 months imprisonment and 5 years of supervised release for possession of a firearm by a convicted felon. STEWART was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JEFFREY A. LUCAS, age 44, of Moundsville, West Virginia, was sentenced to 24 months imprisonment for convictions in Brooke County on two counts of shoplifting and one count of conspiracy to commit shoplifting. LUCAS was originally sentenced on May 1, 2009, to 39 months imprisonment and three years of supervised release for conspiracy to distribute oxycodone. LUCAS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CHARLES WILLIS, age 37, of Clarksburg, West Virginia, was sentenced to 14 months imprisonment for use and possession of drugs; traveling outside the district without permission of his probation officer and fleeing the scene of an accident. WILLIS was originally sentenced on May 5, 2008, to 51 months imprisonment and 3 years of supervised release for distribution of cocaine hydrochloride. On February 22, 2012, WILLIS’ supervised release was revoked and he was sentenced to 10 months imprisonment and 26 months of supervised release. WILLIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

LYNNEIL LAWRENCE WILLIAMS, age 30, of Penn Hills, Pennsylvania, was sentenced to 12 months and 1 day imprisonment for possession and use of controlled substances; failure to report law enforcement contact to his probation officer; and, a conviction in the Western District of Pennsylvania for conspiracy to distribute heroin. WILLIAMS was originally sentenced on March 10, 2003, to 23 months imprisonment and 3 years of supervised release for interstate travel in aid of racketeering, distribution of heroin and false declaration before the court. WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

WAYNE CASTO, age 43, of Weirton, West Virginia, was sentenced to 30 days imprisonment for two separate convictions in Hancock County for failure to register as a sex offender. CASTO was originally sentenced to 37 months imprisonment and 10 years of supervised release for possession of child pornography. CASTO, who is free on bond, will self- report to the designated federal institution.

The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Stephen L. Vogrin

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
MICHAEL IRVIN GIBBONS, age 41, of Lumberport, West Virginia, was sentenced to 24 months imprisonment for convictions in state court for the possession with intent to distribute marijuana and conspiracy to distribute marijuana; leaving the judicial district without permission of the Court or the probation office; submitting incomplete monthly report forms; failure to notify probation office of his contact with local law enforcement; and, failure to appear for random drug testing. GIBBONS was originally sentenced on March 1, 2005, to
64 months and 3 days imprisonment and 3 years of supervised release for the distribution of crack cocaine. In June of 2009, GIBBONS sentence was reduced to time served pursuant to the crack re-sentencing guidelines. GIBBONS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL BRIAN MATHENA, age 27 of Clarksburg, West Virginia, was sentenced to 14 months imprisonment for illegal use of controlled substances; failure to report for treatment and testing; failure to follow probation officer’s instructions; and, various state charges. MATHENA was originally sentenced on February 6, 2009, to 36 months imprisonment and 6 years of supervised release for the distribution of cocaine base within
1,000 feet of a protected location. On September 28, 2011, MATHENA’s supervised release was revoked for possession of hydrocodone and testing positive for the use of morphine and codeine. MATHENA was remanded to the custody of the United States Marshal pending designation to a Federal institution.

FRANK JACKSON, age 50, of Fairmont, West Virginia, was sentenced to 12 months imprisonment for the unlawful use and possession of cocaine on three separate occasions. JACKSON was originally sentenced on May 28, 2009, to 51 months imprisonment and 3 years of supervised release for the distribution on of cocaine base. On July 24, 2012, JACKSON’s supervised release was revoked after testing positive for the use of cocaine and he was sentenced to 6 months imprisonment and 30 months of supervised release. JACKSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

RICHARD LEWIS COLEMAN, age 32, of Morgantown, West Virginia, was sentenced to 9 months imprisonment for possession and use of a controlled substance; failure to appear for drug testing; failure to follow probation officer’s instructions; failure to truthfully answer inquiries of probation officer; failure to notify probation officer of change in employment; failure to submit truthful and complete written monthly report; and, failure to report to the probation officer as instructed. COLEMAN was originally sentenced on June 22, 2004, to 77 months imprisonment and 3 years of supervised release for possession of a firearm by a convicted felon. COLEMAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

WARREN KIP HALL, age 44, of Clarksburg, West Virginia, was sentenced to 4 months imprisonment to be followed by two years of supervised release for testing positive for the use of suboxone; failing to appear for a drug screen; and, failing to attend substance abuse counseling. HALL was originally sentenced on November 8, 2007, to 30 months imprisonment and six years of supervised release for the distribution of cocaine base within 1,000 feet of a housing facility. HALL was remanded to the custody of the United States Marshal pending designation to a Federal institution.

TIMOTHY PAUL ROACH, age 46, of Rivesville, West Virginia, was sentenced to 30 days imprisonment for testing positive for the use of marijuana and a charge of disorder conduct by the Fairmont Police Department. ROACH was originally sentenced on June 28,
2005, to 51 months imprisonment and 3 years of supervised release for being a convicted felon in possession of a firearm. ROACH was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the Clarksburg revocation hearings by Assistant United States Attorneys Shawn A. Morgan, Brandon S. Flower, Zelda E. Wesley and Andrew R. Cogar.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
ANTONIO DWAYNE HENDRICKS, age 33, of Martinsburg, West Virginia, was sentenced to 14 months imprisonment to be followed by 38 months of supervised release for failure to report for drug testing; associating with a person engaged in criminal activity; positive drug test for the use of cocaine and marijuana; frequenting places where illegal substances were being used; failure to be truthful with the probation officer; failure to comply with treatment schedule as directed; possession of marijuana and cocaine; excessive use of alcohol; and, submitting an untruthful monthly report form to the probation office. HENDRICKS was originally sentenced on September 23, 2005, to 120 months imprisonment and 5 years of supervised release. On September 25, 2007, HENRICKS’ sentence was reduced to 50 months imprisonment and 5 years of supervised release. On July 12, 2011, HENRICKS’ supervised release was revoked and he was sentenced to 8 months imprisonment and 52 months of supervised release. HENDRICKS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

HAROLD JACKSON-JONES a/k/a TERRELL SMITH, age 38, of Winchester, Virginia, was sentenced to 12 months imprisonment to be followed by 24 months of supervised release for simple assault; assault on law enforcement officer; and, resisting arrest. JACKSON-JONES was originally sentenced on June 16, 2006, to 64 months imprisonment and
3 years of supervised release for possession of a firearm by a convicted felon. JACKSON- JONES was remanded to the custody of the United States Marshal pending designation to a Federal institution.

GENE FUHRMAN, age 36, of Clear Springs, Maryland, was sentenced to 12 months imprisonment to be followed by 24 months of supervised release for failure to make monthly restitution payments; failure to report to the probation office; failure to report police contact; failure to notify probation office of an address change; brandishing a deadly weapon; and, retaliation against a witness. FUHRMAN was originally sentenced on April 7, 2009, to 21 months imprisonment and 3 years of supervised release for manufacturing methamphetamine. FUHRMAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

GABRIEL CHRISTOPHER MCGUIRE a/k/a ZIGGY, age 26, of Martinsburg, West Virginia, was sentenced to 12 months imprisonment to be followed by 24 months of supervised release for failure to notify probation office of change of address; being in a residence where suspected heroin was being used; testing positive for the use of drugs; and, being untruthful with probation office on monthly reports. MCGUIRE was originally sentenced on December
10, 2009, to 70 months imprisonment and 3 years of supervised release for the distribution of heroin. On November 1, 2011, MCGUIRE’s sentence was reduced to 37 months imprisonment and 3 years of supervised release pursuant to the crack re-sentencing guidelines. MCGUIRE was remanded to the custody of the United States Marshal pending designation to a Federal institution.

DEVONNIE JOSEPH COOPER, age 24, of Charles Town, West Virginia, was sentenced to 5 months imprisonment to be followed by 48 months of supervised release for use of marijuana and cocaine and attempts to alter/fake urine samples. COOPER was originally sentenced on January 29, 2008, to 60 months imprisonment and 48 months of supervised release for possession with intent to distribute cocaine base. COOPER was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JUDY RAE SMITH, age 49, of Martinsburg, West Virginia, was sentenced to 4 months imprisonment to be followed by 18 months of supervised release for testing positive for the use of marijuana and oxycodone. SMITH was originally sentenced on July 15, 2009, to 30 months imprisonment and 3 years of supervised release for the distribution of cocaine base. SMITH, who is free on bond, will self-report to the designated federal institution.

WILLIAM TRAVIS TOLSON, age 31, of Martinsburg, West Virginia, was sentenced to 3 months imprisonment to be followed by 33 months of supervised release for failure to report to the probation office as directed and failure to follow instructions of the probation office. TOLSON was originally sentenced to 20 months imprisonment and 36 months of supervised release for retaliation against a witness. TOLSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.