News and Press Releases

Six Individuals Indicted In August Federal Grand Jury

FOR IMMEDIATE RELEASE
August 14, 2013

Muskogee, Oklahoma - The United States Attorney’s Office announced today the results of the August 2013 Federal Grand Jury.

“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”

 

HEATHER RAE HELTON, age 40, of Wilburton, OK

Making A False Statement

The Indictment alleges that on or about September 25, 2011, in the Eastern District of Oklahoma, the Defendant, HEATHER RAE HELTON, did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration, an agency of the United States.

The charge arose from an investigation by the Social Security Administration, Office of Inspector General. The charges are in violation of Title 18, United States Code, Section 1001(a)(2), punishable by not more than 5 years imprisonment and/or up to a $250,000 fine.

Assistant United States Attorney Chris Wilson

 

ALEJANDRO DIEGO GARCIA, age 35, of Norwalk, CA

VANESSA PELAEZ, age 29, of Santa Ana, CA

Possession With Intent To Distribute Methamphetamine

The Indictment alleges that on or about July 15, 2013 in the Eastern District of Oklahoma and elsewhere, ALEJANDRO DIEGO GARCIA and VANESSA PELAEZ, defendants herein, did unlawfully, knowingly and intentionally possess with the intent to distribute in excess of Five-Hundred (500) grams of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance.

The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A)(viii) and Title 18, United States Code, Section 2, punishable by not less than 10 years imprisonment and/or up to a $10,000,000 fine.

Assistant United States Attorney Edward Snow

 

DAVID BRIAN MAGNAN, age 51, of McAlester, OK

Murder In Indian Country

The Indictment alleges that on or March 2, 2004, within the Eastern District of Oklahoma, within Indian country, on an Indian allotment the Indian titles to which had not been extinguished, the defendant, DAVID BRIAN MAGNAN, an Indian, willfully, deliberately, maliciously and with premeditation and malice aforethought, did unlawfully kill James Howard, Karen Wolf and Lucilla McGirt by shooting them with a firearm.

The charges arose from an investigation by the Seminole County Sheriff’s Department, the Oklahoma State Bureau of Investigations and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Sections 1151, 1153 and 1111, punishable by up to Life imprisonment and/or up to a $250,000 fine.

Assistant United States Attorney Dean Burris

 

JAMES VINCENT CALLEN, age 64, of Lakeside, CA

Possession with Intent to Distribute Marijuana
Drug Forfeiture

The Indictment alleges that on or about July 19, 2013, within the Eastern District of Oklahoma, the defendant, JAMES VINCENT CALLEN, did knowingly and intentionally possess with intent to distribute 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana, a Schedule I Controlled Substance.

The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years imprisonment and/or up to a $5,000,000 fine.

Assistant United States Attorney Shannon Henson

 

JAMAL LEE PIERCY, age 25, of Muskogee, OK

Robbery in Indian Country
Brandishing a Firearm During and in Relation to and in Furtherance of a Crime of Violence
Kidnapping in Indian Country

The Indictment alleges that on or about June 18, 2013, within the Eastern District of Oklahoma, within Indian country, on land held in Trust by the United States of America on behalf of the Muscogee (Creek) Nation, the defendant, JAMAL LEE PIERCY, a non-Indian, by force, violence and intimidation, took United States Currency from the presence of S.H., an Indian and did knowingly brandish and use a firearm, that is, a small caliber handgun, during and in relation to and in furtherance of a crime of violence. The Indictment further alleges that the defendant, did unlawfully, knowingly and willfully kidnap, abduct and carry away, C.L., an Indian, without his consent.

The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police, the Muskogee Police Department and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Sections 1151, 1152 and 2111, punishable by not more than 15 years imprisonment and/or up to a $250,000.00 fine; Title 18, United States Code, Section 924(c)(1)(A)(ii), punishable by no less than 25 years imprisonment to be served consecutive to any other punishment imposed and/or up to a $250,000.00 fine and Title 18, United States Code, Sections 1151, 1153 and 1111, punishable by up to Life imprisonment and/or up to a $250,000 fine.

Assistant United States Attorney Dean Burris

 

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