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United States Attorney David Capp

Northern District of Indiana

M01-204 S. Main Street

South Bend, IN 46601



Hammond                                                 South Bend                                      Fort Wayne

FOR IMMEDIATE RELEASE                                                         CONTACT: Mary L. Hatton

May 16, 2011                                                                                     PHONE: (219) 937-5500

www.usdoj.gov/usao/inn/                                                                   Fax: (219) 852-2770


                         

FEDERAL GRAND JURY IN SOUTH BEND RETURNS INDICTMENTS


South Bend, IN—The United States Attorney's Office announced that a Grand Jury sitting in South Bend, Indiana, returned the following Indictments on May 12, 2011:

 

Shaun Brooks Jr., 29, Warsaw, Indiana, was charged in a three-count Indictment with one count possession of a firearm in furtherance of a drug trafficking crime; one count being a felon in possession of a firearm; and one count being an illegal drug user in possession of a firearm. These charges were filed as a result of an investigation by the Warsaw Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.

 

Byron L. Harris, 30, South Bend, Indiana, was charged in a one-count Indictment with being a felon in possession of a firearm. These charges were filed as a result of an investigation by the South Bend Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.

 

Tracy Heath, 43, Elkhart, Indiana, was charged in a two-count Indictment with one count being a felon in possession of a firearm and one count possession of a stolen firearm. These charges were filed as a result of an investigation by the Elkhart County Sheriff’s Department, Elkhart Police Department, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.

 

Justin M. Myers, 25, South Bend, Indiana, was charged in a one-count Indictment with failure to surrender for service of sentence pursuant to a court order. These charges were filed as a result of an investigation by the United States Marshal Service. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.

 

Derrick L. Smith, 30, Elkhart, Indiana, was charged in a two-count Indictment with one count being a felon in possession of a firearm and one count being an illegal drug user in possession of a firearm. These charges were filed as a result of an investigation by the Elkhart County Sheriff’s Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.

 

James A. Rodgers, 49, LaPorte, Indiana was charged in a one count Indictment with possession of child pornography. These charges were filed as a result of an investigation by the Federal Bureau of Investigation. This case has been assigned to and will be prosecuted by Assistant United States Attorney John M. Maciejczyk.

 

Paul Higdon, 48, Knox, Indiana was charged in a three count Indictment with one count of being a felon in possession of a firearm; one count of being an unlawful drug user in possession of a firearm; and one count of possessing a sawed-off rifle not registered to him in the National Firearms Registration and Transfer Record. These charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Kenneth M. Hays.

 

Salvador Burke, 41, Elkhart, Indiana, was charged in a one count Indictment with one count of unlawful re-entry into the United States by a deported alien. These charges were filed as the result of an investigation by the Bureau of Immigration and Customs Enforcement. This case has been assigned to and will be prosecuted by Assistant United States Attorney Frank E. Schaffer.

                                                                                                

The specific sentence in each case to be imposed upon conviction will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.