District of Kansas, Press Release

Oct. 18, 2006

MAN WHO RAN FROM POLICE INDICTED ON FEDERAL WEAPONS CHARGES

WICHITA, KAN. – A Wichita man police said was carrying homemade explosives when they arrested him as a suspect in a shooting incident has been indicted on federal charges.

In an indictment returned Tuesday, Barry P. Fillman, 44, is charged with one count of unlawfully possessing an explosive device, one count of unlawfully possessing a firearm after a felony conviction, and two counts of unlawfully possessing ammunition after a felony conviction. The crimes are alleged to have occurred in September and October 2006, in Sedgwick County, Kan.

Fillman was charged Oct. 10, 2006, in a criminal complaint and affidavit filed in U.S. District Court in Wichita. According to the affidavit, Fillman was being sought in connection with a Sept. 28 shooting of a woman at 446 N. Dellrose in Wichita. On Oct. 2, 2006, police received information about where to find him. They set up surveillance on a house where Fillman had been staying in the 1600 block of South Fern. When officers stopped a car in which he was riding, Fillman fled from the car and they chased him. During the chase he dropped an improvised explosive device. When he brandished a large hunting knife, officers shot him with a Taser before taking him into custody.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $10,000 on the charge of possessing an explosive device, and a maximum penalty of 10 years and a fine up to $250,000 on each of the other charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

OTHER INDICTMENTS

In other cases, a grand jury meeting in Wichita returned the following indictments:

Shadron D. Batie, is charged with one count of unlawfully possessing a homemade bomb containing an explosive after a felony conviction, one count of unlawfully possessing an unregistered destructive device, one count of unlawfully possessing a firearm while he was a user of controlled substances, one count of unlawfully possessing firearms after a felony conviction, and one count of failing to appear for sentencing in another federal criminal case. The crimes are alleged to have occurred in August and September 2006 in Sedgwick County, Kan.

Batie was arrested Sept. 22, 2006, at a house in the 10600 block of West Jewel Court after an 18-hour standoff with Wichita police.

If convicted, he faces a maximum penalty of 10 years in federal prison consecutive to other sentences and a fine up to $10,000 on each of the charges involving an explosive device; a maximum penalty of 10 years in federal prison consecutive to other sentences and a fine up to $250,000 on each of the firearms charges, and a maximum penalty of 5 years in federal prison and a fine up to $250,000 on the charge of failing to appear for sentencing. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Mona Furst is prosecuting.

Paul Roberts, 19, Garden City, Kan., and Sonya L. Garcia, 19, Lain, Kan., are charged with one count of counterfeiting $50 and $100 bills and two counts of passing counterfeit $100 bills. A separate count seeks the forfeiture of equipment used in making counterfeit bills including a Hewlett Packard DeskJet F340 printer. The crimes are alleged to have occurred at various times from June through September 2006 in Finney County, Kan.

If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The Secret Service investigated the case. Assistant U.S. Attorney Lanny Welch is prosecuting.

Christopher Lee-Clark, 23, is charged with one count of unlawfully possessing a firearm after a felony conviction, one count of possessing a stolen firearm, and one count of possession of cocaine. The crimes are alleged to have occurred April 8, 2006, in Ellis County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each of the firearms charges, and up to 1 year and a minimum fine of $1,000 on the misdemeanor cocaine charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Matt Treaster is prosecuting.

Junian Johnson, 30, is charged with one count of unlawfully possessing a firearm after a felony conviction. The crime is alleged to have occurred Sept 6, 2006, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jesus Rojas-Alvarez, 30, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found May 1, 2006, in Garden City, 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 Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Emanuel Garcia-Leon, 28, is charged with unlawfully transporting 16 undocumented aliens in a pickup truck. The crime is alleged to have occurred Sept. 21, 2006, in Barton County, Kan.

If convicted, he faces a maximum penalty of 5 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement and the Barton County Sheriff’s Department investigated the case. Assistant U.S. Attorney Brent Anderson is prosecuting.

Enrique Sanchez-Rivera, 34, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found Sept. 28, 2006, in Hays, Kan.

Martha Garcia-Guerrero, 39, a citizen of Mexico, is charged with two counts of using fraudulent documents to be employed in the United States, 5 counts of aggravated identity theft; two counts of possessing fraudulent United States identification documents; and one count of making a false statement on a HUD Verification of Employment form. The crimes are alleged to have occurred in June 2005 and October 2006 in Sedgwick County, Kan.

Upon conviction, the follow penalties apply:

– Fraudulent use of a document to be employed: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.
– Aggravated identity theft: A mandatory 2-year prison sentence to be served consecutively to other sentences and a fine up to $250,000.
– Possession of a fraudulent United States identification document: A maximum penalty of 15 years in federal prison without parole and a fine up to $250,000.
– Making a false statement on a government form: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.
Housing and Urban Development’s Office of Inspector General and Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Joel Rodriguez-Chavez, 39, a Mexican national being held in federal custody, is charged with making a false declaration under oath to a United States Court. According to the indictment, on Aug. 14, 2006, he stated that his court-appointed counsel never spoke to him concerning the crime with which he was charged and that his court-appointed counsel made him sign a plea agreement involuntarily. The crime is alleged to have occurred in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 5 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Gustavo Marrufo-Hernandez, 38, 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 Oct. 3, 2006, in Wichita.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated the case. Assistant U.S. Attorney Brent Anderson is prosecuting.

Alfino Ponce-Ramirez, 33, is charged with unlawfully re-entering the United States after a being deported. He was found Oct. 5, 2006, in Johnson County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Michael Christensen is prosecuting.

Terrainio J. Hart, 33, Baltimore, Maryland, and Sherman E. Gibbs, 42, Baltimore, Maryland, are charged with one count of possession with intent to distribute more than 500 grams of cocaine. The crime is alleged to have occurred Oct. 8, 2006, in Kiowa County, Kan.

If convicted, they face a penalty of not less than 5 years and not more than 40 years in federal prison and a fine up to $2 million. The Drug Enforcement Administration investigated the case. Assistant U.S. Attorney Lanny Welch is prosecuting.

Mahlon G. Helt, 48, Wichita, is charged with one count of unlawfully possessing a homemade firearm that was not registered to him and one count of unlawfully possessing a handgun after a felony conviction. The crimes are alleged to have occurred at various times in 2005 and 2006 in Sedgwick County, Kan.

If convicted he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

Cleotis Willis, 41, who is being held in the Lyon County Jail, is charged with one count of possessing cocaine within 1,000 feet of Lowther South Intermediate School in Emporia, two counts of possessing crack cocaine within 1,000 feet of the school, one count of unlawfully possessing ammunition after a misdemeanor domestic violence conviction, and one count of possessing a firearm in furtherance of a drug trafficking crime. The crimes are alleged to have occurred May 4, 2006, in Lyon County, Kan.

If convicted, he faces not less than a year and not more than 40 years in federal prison and a fine up to $2 million on the cocaine charge, not less than a year and not more than 80 years and a fine up to $4 million on each of the crack cocaine charges, a maximum penalty of 10 years and a fine up to $250,000 on the ammunition charge, and not less than 5 years and not more than life, to run consecutively to other sentences, and a fine up to $250,000 on the charge of possessing a firearm in furtherance of a drug trafficking crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Randy Hendershot is prosecuting.

Jose Valenquez-Morano, a citizen of Mexico, is charged with one count of unlawfully transporting undocumented aliens in the United States in a Ford van, and one count of unlawfully re-entering the United States after being deported. The crimes are alleged to have occurred Oct. 13, 2006, in Trego County, Kan.

If convicted he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000 on the transportation charge and a maximum penalty of 2 years in federal prison and a fine up to $250,000 on the re-entry charge. Immigration and Customs Enforcement investigated the case. Assistant U.S. Attorney Brent Anderson is prosecuting.
As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictments filed merely contain allegations of criminal conduct.