United States Attorney David Capp
Northern District of Indiana
M01-204 S. Main Street
South Bend, Indiana 46601
Hammond South Bend Fort
Hammond South Bend Fort Wayne
FOR IMMEDIATE RELEASE CONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
WEEK IN REVIEW – SOUTH BEND
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
Ø Shawn Fox, 28, of South Bend, Indiana, pled guilty before Magistrate Judge Christopher A. Nuechterlein to the felony offense of bank robbery with the use of a firearm. Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea. Parties have 10 days in which to object to the magistrate judge’s recommendation. Sentencing has been set for 11/25/2013. This investigation was conducted by the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
Ø Rickey Hemphill, 20, of Riverdale, Illinois, and Timothy Whitfield, 21, of South Bend, Indiana, members of the criminal enterprise Cash Out Boyz, a violent and dangerous gang operating in South Bend during 2010 through 2012, were sentenced by District Judge Robert L. Miller, Jr. this week. Hemphill was sentenced to 174 months of imprisonment and 3 years of supervised release after pleading guilty to the felony offense of racketeering. Whitfield was sentenced to 320 months of imprisonment and 10 years of supervised released after pleading guilty to the felony offense of racketeering and carrying and using a firearm during drug trafficking and a crime of violence.
According to documents filed in this case, members of the COB, including Hemphill and Whitfield, attempted to commit and threatened to commit acts of violence, including murder, attempted murder, robbery and assault in order to protect and expand the enterprise’s criminal operations. Those criminal operations included robbery and illegal trafficking in Ecstasy and marijuana. During his time with the organization, Hemphill was involved in numerous violent altercations with rival gang members which included aggravated assault, exchanging gunfire, public retaliation and distribution of marijuana. Whitfield also had numerous violent altercations with rival gang members which led to shootings. Whitfield has prior convictions for hit and run – leaving the scene (2010), false informing and resisting arrest (2010), theft (2010), and aggravated battery (2011). This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation and the South Bend Police Department. This case was prosecuted by Assistant United States Attorney Donald Schmid.
Ø Deneen Lewis, 42, of South Bend, Indiana, was sentenced by District Judge Jon E. DeGuilio to serve 24 months of imprisonment, 2 years of supervised release and $16,603 in restitution after pleading guilty to the felony offense of theft of government property. According to documents filed in this case, from 2010 to 2012, Lewis was receiving the Supplemental Social Security Income payment for her child. At the time that Lewis established herself as the payee, her child did not live with her. Lewis used the payments for personal purchases not intended for the recipient. This case was the result of an investigation by the Social Security Administration. This case was prosecuted by Assistant United States Attorney Barbara Brook.
Ø Gabriel Franco, 31, of Mishawaka, Indiana, was sentenced by District Judge Jon E. DeGuilio to serve 6 months of imprisonment, 6 months location monitoring on home detention and 3 years supervised release after pleading guilty to the felony offense of manufacturing marijuana. According to documents filed in this case, in 2012, Franco was running a marijuana grow operation out of his home. This case was the result of an investigation by Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank Schaffer.