PRESS RELEASES - FEBRUARY 2009
February 03, 2009 - DUNCAN, Edward Dean
a/k/a DUNCAN, Dean
February 03, 2009 - MOORE, Vance Wade
February 03, 2009 - PAEZ PEREZ, Favio
a/k/a "GUERO"
a/k/a PEREZ PAEZ, Favio
February 09, 2009 - CRAWFORD, Michael Andrew
February 09, 2009 - VANN, Albert Lee
February 12, 2009 - DEAN, Michael Ray
February 13, 2009 - BOROVETZ, Jackie Louise
February 17, 2009 - WORKMAN, Wendell Scott
February 18, 2009 - FEDERAL GRAND JURY INDICTMENTS - FEBRUARY 2009
ERNST, Natalya
HARRIS, Cody
HICKS, James Earl
POWELL, Wayne Laverne
February 18, 2009 - SALINAS-ELIGIO, Fabian
February 19, 2009 - WORK, Hugh Edward
February 23, 2009 - CHAPMAN, Elizabeth Kay
February 24, 2009 - HORNSBY, Richard Louis
PINKNEY, Ladawn Shazzelle
February 24, 2009 - RODRIGUEZ, Anthony Miguel
a/k/a RODRIGUEZ, Tony
February 26, 2009 - DISTRIBUTION OF FORFEITED FUNDS:
$34,358.40 to Muskogee Police Department
February 26, 2009 - ALLEN, Ernest Warren, Jr.
February 26, 2009 - DEGASE, Floyd
February 26, 2009 - PACHECO, Jose Miguel
a/k/a "BEBE"
FOR RELEASE: February 03, 2009
SUBJECT: DUNCAN, Edward Dean; a/k/a/ DUNCAN, Dean
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that EDWARD DEAN DUNCAN, aka DEAN DUNCAN, age 58 of Spencerville, in Choctaw County, Oklahoma, was sentenced to 152 months imprisonment and 60 months of supervised release for Possession with Intent to Distribute 500 grams or more of Methamphetamine; Maintaining Drug –Involved Premises and Felon in Possession of Ammunition and agreed to forfeit $143,565.05 in U.S. currency and his residence located in Spencerville, Oklahoma.
“Charges arose from an investigation by the District 17 Drug Task Force and the Drug Enforcement Administration. The defendant was indicted in June, 2008 and pled guilty to the charges On August 25, 2008. ” stated U.S. Attorney Sheldon J. Sperling.
“On March 18, 2008, officers served a state search warrant on the residence of DUNCAN, in Spencerville, Choctaw County, Oklahoma. Officers seized a total of, 680.49 grams of methamphetamine, 190.62 grams of marijuana, two handguns, and $143,565.05 in U.S. currency,” noted U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant is in the custody of the United States Marshal Service.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: February 03, 2009
SUBJECT: MOORE, Vance Wade
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that VANCE WADE MOORE, age 38, of Cherokee County, Oklahoma, was sentenced to 164 months imprisonment and 60 months of supervised release for 2 counts of being a Felon in Possession of a Firearm and additional counts of Assaulting Officer and Carrying a Weapon During and in Relation to a Crime of Violence.
“The defendant was indicted in March, 2008. In August, 2008, MOORE stood trial and was convicted of the counts listed above. The defendant was acquitted of a third count of a Felon in Possession of Firearm,” stated U.S. Attorney Sperling.
“On June 17, 2007, a Cherokee County Deputy Sheriff made contact with MOORE after the Cherokee County Sheriff’s Department received a call of a man walking down Highway 82 North of Tahlequah, Oklahoma drinking a beer. MOORE, a convicted felon, was located on a county road off Highway 82 with a loaded H&R .22 caliber revolver in the waistband of his pants.”
“On February 27, 2008, Deputy U.S. Marshals and Cherokee County deputies went to MOORE’s residence on Highway 82 North of Tahlequah to execute a federal arrest warrant on the defendant. As the officers were approaching the house, MOORE walked out a side door with a handgun. He pointed the weapon at a Cherokee County Deputy and then fled on foot. A foot pursuit and manhunt ensued. MOORE was apprehended the following day in a rural area of Cherokee County. He was still carrying the loaded NORINCO 9mm semi-automatic pistol which he had previously pointed at the deputy,” recalled U.S. Attorney Sperling.
“The successful prosecution of this defendant is another testimony to the success and the goal of the Department of Justice’s gun crime initiative, Project Safe Neighborhood (PSN). PSN promotes cooperation between local, state and federal law enforcement agencies to combat gun crimes. In this case, county, state and federal officers all worked together to investigate these crimes and cooperated with federal prosecutors to bring the defendant to justice.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s hearing. The defendant is in the custody of the United States Marshal Service,” noted U.S. Attorney Sperling.
“Assistant United States Attorney Chris Wilson represented the United States at trial and at today’s hearing.”
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FOR RELEASE: February 03, 2009
SUBJECT: PAEZ PEREZ, Favio; a/k/a "Guero"; a/k/a PEREZ PAEZ, Favio
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today FAVIO PAEZ PEREZ, a/k/a Guero a/k/a Favio Perez Paez, age 31, of Muskogee, Oklahoma, was sentenced to 37 months imprisonment and 48 months of supervised release for Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, U.S.C., Sections 846, 841(a)(1), 841(b)(1)(D), and 841(b)(1)(B).
“Charges arose from an investigation by the Department of Alcohol, Tobacco, Firearms and Explosives and the Muskogee Police Department. The defendant was indicted in June, 2008, and pled guilty on July 31, 2008.” stated U.S. Attorney Sheldon J. Sperling.
“The defendant conspired with others on numerous dates from March 14, 2008 to April 3, 2008, to possess and distribute marijuana and methamphetamine, in violation of Title 21, U.S.C., Section 846.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. PEREZ remains in the custody of the United States Marshal,” noted U.S. Attorney Sperling.
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: February 09, 2009
SUBJECT: CRAWFORD, Michael Andrew
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MICHAEL ANDREW CRAWFORD, age 26, pled guilty to charges of Conspiracy and Use of Interstate Commerce Facilities in the Commission of Murder-For-Hire, in violation of Title 18, U.S.C. Sections, 371 and 1958.
“CRAWFORD was most recently on active duty for the United States Army in South Korea,” U.S. Attorney Sperling reported. “Pursuant to federal process, the defendant was returned to this district to face these charges.”
“The charges arose from an investigation by the Federal Bureau of Investigation (FBI) and the Oklahoma State Bureau of Investigation (OSBI),” stated U.S. Attorney Sperling.
“The affidavit underlying the federal complaint, asserted detail underlying the offenses,” U.S. Attorney Sperling reported. “On September 4, 2008 the Ardmore Police Department notified the FBI of a report that Tonia Mullins was looking for a hit man to kill the wife of MICHAEL ANDREW CRAWFORD. Mullins and CRAWFORD intended to buy a house together with $250,000 they anticipated collecting from the victim’s life insurance policy. The investigation included the use of consensual audio recordings and hidden video recordings. During a series of phone calls and text messages, it became evident that MICHAEL CRAWFORD’S aunt, Regina Hercules, was also involved in the scheme to kill the victim.”
“On September 12, 2008 an undercover agent with OSBI met with Mullins and Hercules and negotiated a price of $5,000.00 for killing the victim. The agent later participated in a three-way call with Mullins, CRAWFORD and Hercules to confirm details of the contract killing. On September 19, 2008 when Mullins brought collateral to the undercover agent to ensure payment of the $5,000.00, Mullins and Hercules were arrested. Following their arrest, Mullins and Hercules provided statements to the FBI acknowledging their involvement in the scheme and implicating CRAWFORD. Military authorities assisted in CRAWFORD’s return to the Eastern District of Oklahoma for judicial proceedings,” continued U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge, for the United States District Court in Muskogee, Oklahoma, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.”
“At the plea hearing today, the defendant acknowledged that he participated in the scheme to kill the victim. When Judge West asked CRAWFORD if he intended to kill someone, the defendant replied, “Yes.”
“The plea resulted from the cooperative prosecution efforts of District Attorney Chris Ross and his staff and the United States Attorney’s Office,” stated U.S. Attorney Sperling.
District Attorney Chris Ross stated, “This case is an excellent example of the outstanding working relationship between local, state and federal agencies. The case was initially investigated by the OSBI. My office monitored developments and furthered the investigation. As the case unfolded, our office, along with the OSBI, FBI and the U.S. Attorney’s Office, combined resources to secure guilty pleas by all three defendants. The defendant will be required to serve the imposed sentence in the Federal Bureau of Prisons. A murder plot was stopped through the diligent work of the OSBI and FBI. Those responsible for the plot are being held accountable by my office and the United States Attorney’s Office.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines, with 3 years supervised release. Preliminary sentencing guidelines project that defendant CRAWFORD could face 87-108 months in prison,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Gregory Dean Burris represented the government.”
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FOR RELEASE: February 09, 2009
SUBJECT: VANN, Albert Lee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALBERT LEE VANN, age 46, of Adair County, Oklahoma, was sentenced to 300 months and 120 months of supervised release for the charge of Aggravated Sexual Abuse of a Minor Child in Indian Country.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Cherokee Marshal Service,” stated U.S. Attorney Sheldon J. Sperling. “VANN was indicted in June 2008 and pled guilty on July 22, 2008.”
“On or about August 10, 2003 and July 26, 2006, within Indian Country, the defendant engaged in a sexual act with a minor Indian child who had not attained the age of 12. The charge is in violation of Title 18, U.S.C., Sections 2241(c), 1151 and 1153.”
“The Honorable James H. Payne, Chief Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant is in the custody of the United States Marshal Service.”
“Assistant United States Attorney Chris Wilson represented the United States.”
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FOR RELEASE: February 12, 2009
SUBJECT: DEAN, Michael Ray
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today MICHAEL RAY DEAN, age 28, of Okmulgee, Oklahoma, was sentenced to 5 years probation and ordered to pay $8,107.75 in restitution for Embezzlement and Theft from an Indian Tribal Organization a violation of Title 18, U.S.C., Section 1163.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Muskogee Creek Nation Attorney General’s Office,” stated United States Attorney Sheldon J. Sperling. “DEAN was indicted on June 18, 2008 and pled guilty to the charge on July 28, 2009.”
“DEAN converted to his own use approximately $8,107.75 from the Creek Nation Travel Plaza. The defendant worked as a clerk behind the counter at the travel plaza at the time of the offenses. The offenses took place from on or about July 2003 through January 18, 2007,” noted U.S. Attorney Sperling.
“The Honorable James H. Payne, Chief Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing.”
“Assistant United States Attorney Linda A. Epperley represented the United States.”
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FOR RELEASE: February 13, 2009
SUBJECT: BOROVETZ, Jackie Louise
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JACKIE LOUISE BOROVETZ age 57, of Muskogee, Oklahoma, was charged by way of Information with the federal felony, Wire Fraud.
“Charges arose from an investigation by the Oklahoma State Auditor and Inspectors Office and Special Agents of the Federal Bureau of Investigation.” stated U.S. Attorney Sheldon J. Sperling.
“The Information charges that from on or about November 1, 2007 and continuing on or about September 24, 2008, BOROVETZ knowingly devised a scheme to defraud the State of Oklahoma and Muskogee County of approximately $600,000. Our preliminary calculations reflect a loss of $594,230.42,” noted U.S. Attorney Sperling.
“At the time, BOROVETZ was an accounting employee of the Muskogee County Court Clerk’s Office,” U.S. Attorney Sperling continued. “As a clerk’s office bookkeeper, she created a fictitious business bank account. She then generated checks on the court clerk’s bank accounts. Those checks were made payable to her alias names or a fictitious business. She created a business entity called Jackie Borovetz, Sole Properties, doing business as The Research Specialists.”
“BOROVETZ then made accounting entries for expenditures. Those bills appeared to reflect legitimate payments for services normally incurred by the court for lawyers, interpreters or court reporters. No such work had been performed concerning the money the defendant paid herself.”
“She deposited stolen monies. Sometimes, she transferred money between accounts either to disguise the nature of the fund or enable her to access the money. These wired transactions constitute the federal jurisdictional hook,” stated U.S. Attorney Sperling.
“The defendant both abused her position of trust and used sophisticated means, as defined by law, to facilitate and conceal her offenses.”
“As part of the plea agreement, BOROVETZ agreed to plead guilty to this information and to plead guilty to 11 counts of embezzlement pending in Muskogee County District Court. The defendant waived her rights both to appeal her sentence and to contest her conviction in post-conviction proceedings.”
“Count One is in violation of Title 18, U.S.C. Section 1343. The statute provides a term of imprisonment of up to 20 years and $250,000.00 in fines and restitution, if the court so orders,” noted U.S. Attorney Sperling. “A preliminary sentencing guidelines review projects BOROVETZ could face a term of imprisonment of 37-46 months which will run concurrently with any state prison sentence.”
“We are fortunate in this district to be served by three judges-Chief Judge Payne, Judge White and Senior Judge Seay-who respect the persuasive authority of the U.S. Sentencing Guidelines,” U.S. Attorney Sperling observed.
“Muskogee County District Attorney Larry Moore concluded, “We appreciate the prosecutorial teamwork between the United States Attorney’s Office and the Muskogee County District Attorney’s Office. The state and federal prosecutors, who worked together on this case, took very seriously the nature of and conduct underlying this crime.”
“First Assistant United States Attorney Doug Horn and Senior Litigation Counsel Ryan Roberts represented the United States. Investigative Auditor Sherri Combs and County Auditor Melissa Laffoon conducted the underlying financial investigative audit.”
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FOR RELEASE: February 17, 2009
SUBJECT: WORKMAN, Wendell Scott
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that WENDELL SCOTT WORKMAN, age 46, of Stilwell, Oklahoma, pled guilty to Felon in Possession of Ammunition, a violation of Title 18 United States Code, Section 922(g)(1).
“Charges arose from an investigation by the Drug Enforcement Administration and the Cherokee Nation Marshal Service,” stated U.S. Attorney Sheldon J. Sperling. “WORKMAN was indicted in November 2008.”
“On July 14, 2008, WORKMAN was arrested at his residence in Adair County on an arrest warrant for second degree burglary and knowingly concealing stolen property. Officers found numerous rounds of ammunition in the residence near the defendant. WORKMAN had previously been convicted in Jackson County Circuit Court, in Oregon, on January 31, 2005, for first degree burglary,” continued U.S. Attorney Sperling.
“The Honorable Frank H. Seay, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is not less than 15 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Rob Wallace represented the United States.”
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FOR RELEASE: February 18, 2009
SUBJECT: FEBRUARY 2009 FEDERAL GRAND JURY INDICTMENTS: ERNST, Natalya; HARRIS, Cody; HICKS, James Earl; and POWELL, Wayne Laverne
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the February 2009 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”.
NATALYA ERNST, age 35, of Ardmore, Oklahoma
International Parental Kidnapping
The indictment alleges on May 19, 2008, ERNST, removed two children, who had been in the United States, to a location outside of the United States with the intent to obstruct the lawful exercise of parental rights. The charges arose from an investigation by the Federal Bureau of Investigation.
The charges are in violation of Title 18, United States Code, Section 1204. (Up to three years imprisonment and/or up to $250,000 in fines.)
Assistant United States Attorney Ryan Roberts
CODY HARRIS, age 34, of Tahlequah, Oklahoma
Two Counts of Felon in Possession of a Firearm and one count of Felon in Possession of Ammunition
The indictment alleges on September 26, 2008, HARRIS, after having been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed two firearms and numerous rounds of ammunition. On December 21, 2008, HARRIS was again in possession of a firearm. The charges arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms.
The charges are in violation of Title 18 U.S.C. Section 922(g)(1). (Up to ten years imprisonment and/or up to $250,000 in fines.)
Assistant United States Attorney Shannon Henson
JAMES EARL HICKS, age 28, of Bennington, Oklahoma
Embezzlement and Theft from Indian Tribal Organization
The indictment alleges from on or about the February, 2004, until in or about August, 2004, HICKS embezzled, stole, and knowingly converted to his own use moneys, funds, securities, premiums, credits, property, and other assets belonging to the Choctaw Nation, an Indian tribal organization. The charges arose from an investigation by the Federal Bureau of Investigation.
The charges are in violation of Title 18, Section 1163. (Up to five years imprisonment and/or up to $250,000 in fines.)
Assistant United States Attorney Linda Epperley
WAYNE LAVERNE POWELL, age 39, of Bixby, Oklahoma
Two Counts of False Statements: Fictitious or Fraudulent Statements
The indictment alleges that on or about July, 2007, POWELL, made false, fraudulent, and fictitious material statement and representation, while being employed as a law enforcement officer with the Muscogee (Creek) Nation, he falsified time sheets to indicate he was on active military duty with the Oklahoma National Guard while he was in fact not present for his military duty. The Indictment further alleges that on or about the 22nd day of August, 2006, POWELL, made a false, fraudulent, and fictitious material statement and representation that he received a Bachelor of Science degree in Criminal Justice from Excelsior College, and received an increase in annual salary due to the fictitious representation.
The charges are in violation of Title 18, United States Code, Section 1001. The charges arose from an investigation by the U.S. Department of Defense. (Up to five years imprisonment and/or up to $250,000 in fines.)
Assistant United States Attorney Ryan Roberts
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FOR RELEASE: February 18, 2009
SUBJECT: SALINAS-ELIGIO, Fabian
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that FABIAN SALINAS-ELIGIO, age 23, of Tahlequah, OK pled guilty to Illegal Reentry of a Previously Deported alien After Conviction of an Aggravated Felony.
“The charges arose from an investigation by the U.S. Department of Immigration and Customs Enforcement. The charges are in violation of Title 8 U.S.C. Section 1326(a),” stated U.S. Attorney Sheldon J. Sperling. “SALINAS-ELIGIO was indicted in January, 2009.”
“The indictment alleged that on October 25, 2007, SALINAS-ELIGIO was deported from the United States through Del Rio, Texas port of entry. SALINAS-ELIGIO did not apply for permission to reinter. On October 29, 2008, the defendant was interviewed and admitted to being an illegal alien and to re-entering the U.S. after deportation following a conviction for First Degree Rape,” continued U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. SALINAS-ELIGIO is in the custody of the U.S. Marshal pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines projects an advisory sentencing range of 47 to 56 months imprisonment.”
“Assistant United States Attorney Rob Wallace represented the United States.”
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FOR RELEASE: February 19, 2009
SUBJECT: WORK, Hugh Edward
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today HUGH EDWARD WORK, age 32, of Lindsay, Oklahoma, pled guilty to Theft or Embezzlement in connection with Health Care and Embezzlement or Theft from an Indian Tribal Organization, a violation of Title 18, U.S.C. Section 669 and Title 18, U.S.C. Section 1163.
“Charges arose from a collaborative investigation by the Chickasaw Nation Lighthorse Police, the Oklahoma State Board of Pharmacy, Bureau of Indian Affairs, Oklahoma Bureau of Narcotics and the United States Department of Health and Human Services, Office of the Inspector General,” stated U.S. Attorney Sheldon J. Sperling.
“The indictment alleged that from September, 2004, continuing until approximately March, 2005, WORK stole pharmaceuticals belonging to the Carl Albert Indian Health Center and the Chickasaw Nation.”
“Authorities were alerted, when a pharmacist in Oklahoma City attempted to return approximately $150,000.00 worth of pharmaceuticals. Those drugs were originally sold to the Chickasaw Nation Pharmacy under a United States Government Contract,” noted U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea. The Court ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. WORK was released pending sentencing.”
“The statutory range of punishment is 5-10 years in prison and up to $250,000.00 in fines. A preliminary sentencing guidelines calculation projects the defendant could be sentenced to 18-37 months in prison.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: February 23, 2009
SUBJECT: CHAPMAN, Elizabeth Kay
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today ELIZABETH KAY CHAPMAN, age 41, of Ada, Oklahoma, pled guilty to Theft from an Indian Tribal Organization, in violation of Title 18, U.S.C. Section 1163.
“Charges arose from an investigation by the Bureau of Indian Affairs,” stated U.S. Attorney Sheldon J. Sperling.
“The indictment alleged that from approximately January 1, 2007 until February 4, 2008, CHAPMAN embezzled or stole moneys and other assets belonging to the Chickasaw Nation. The defendant was employed as a supervisor at the Chickasaw Nation Housing Authority.”
“Authorities were alerted when other employees noticed deposits missing from prior month’s deposits. When confronted by investigators, CHAPMAN admitted to taking $7,220.29. She was taking cash from rental and housing payments and making up the stolen amounts with money from later incoming deposits. By February, 2008, she could no longer make it up from incoming payments,” noted U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, Oklahoma, accepted the defendant’s guilty plea. The Court ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. CHAPMAN was released pending sentencing.”
“The statutory range of punishment is not more than 5 years in prison and up to $250,000.00 in fines. A preliminary sentencing guidelines calculation projects the defendant could be sentenced to probation or up to 6 months in prison.”
“Assistant United States Attorney Linda Epperley represented the United States.”
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FOR RELEASE: February 24, 2009
SUBJECT: HORNSBY, Richard Louis; and PINKNEY, Ladawn Shazzelle
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICHARD LOUIS HORNSBY, age 28, and LADAWN SHAZZELLE PINKNEY, age 36, both of Oklahoma City, Oklahoma were sentenced in federal court today for Possession with Intent to Distribute Cocaine, in violation of Title 21, U.S.C., Sections 841(a)(1) and (b)(1)(A) and Title 18, U.S.C. Section 2.
“HORNSBY was sentenced to 90 months imprisonment, followed by 60 months of supervised release. PINKNEY was sentenced to 120 months imprisonment, followed by 60 months of supervised release,” stated U.S. Attorney Sperling.
“Charges arose from an investigation by the Oklahoma Highway Patrol,” noted U.S. Attorney Sheldon J. Sperling. “Both defendants pled guilty to the charges in June, 2008.”
“On May 28, 2008, Trooper Cody Hyde stopped a vehicle on I-40 for traveling too close and speeding. “Upon executing the stop, the trooper detected the smell of marijuana. After issuing a warning to PINKNEY, the trooper received consent to search the vehicle and recovered 347 grams of “crack” cocaine, located in PINKNEY’S purse.” U.S. Attorney Sperling continued.
“The Honorable Ronald A. White, District Court Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Both defendants remain in the custody of the U.S. Marshal.”
“Assistant United States Attorney Shannon Henson represented the government.”
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FOR RELEASE: February 24, 2009
SUBJECT: RODRIGUEZ, Anthony Miguel; a/k/a RODRIGUEZ, Tony
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ANTHONY MIGUEL RODRIGUEZ, a/k/a, Tony Rodriguez, age 23, of Ada, Oklahoma, was sentenced to 97 months imprisonment followed by 60 months of supervised release for being in Possession of One or More Visual Depictions of a Minor Child Engaging in Sexually Explicit Conduct, in violation of 18 U.S.C. § 2252 (a)(4)(B). RODRIGUEZ was indicted on July 16, 2008 and pled guilty on August 26, 2008.
“Charges arose from an investigation by the Federal Bureau of Investigation,” stated U.S. Attorney Sheldon J. Sperling. “On January 28, 2008, FBI agents served a search warrant at the residence of RODRIGUEZ. While at the residence, RODRIGUEZ was interviewed and admitted to downloading child pornography on his computer. He also admitted using a file sharing software called Limewire to obtain and trade child pornography. The computer was seized. A forensic examination of the computer revealed 121 videos and 635 still images of minors engaging in sexually explicit conduct. A DVD and VHS videotapes were also seized which contained images of child pornography,” stated U.S. Attorney Sperling.
“This investigation and prosecution were a direct result of the United States Department of Justice’s Project Safe Childhood Initiative. This initiative is designed to prosecute individuals who use the Internet to exploit and victimize children,” continued U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. RODRIGUEZ is in the custody of the U.S. Marshal Service.”
“Assistant United States Attorney Christopher Wilson represented the United States.”
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FOR RELEASE: February 26, 2009
SUBJECT: DISTRIBUTION OF FORFEITED FUNDS: $34,358.40 to Muskogee Police Department
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the distribution of $34,358.40 in forfeited funds to the Muskogee Police Department.
“When the Office of the U.S. Attorney prosecutes a case which involves seized assets, we make every effort to return the money to local, county, and state agencies and communities. I say, ‘return,’ because the money seized in this case was the product of excellent work by the Muskogee Police Department. ATF, FBI, and IRS-CI Special Agents combined forces with MPD in this important investigation and prosecution. Assistant U.S. Attorney Ryan Roberts led the prosecution.”
“We have all been efficiently served by the United States Marshal Service. The Marshal took control of the cash and non-cash items which were converted to cash. As a result, we are able to share both cash and the proceeds of seized property with Chief Eskridge and his crew.”
“Five years ago, federal agents received and developed information concerning the distribution of crack cocaine by Marcus Ramon Walker, then age 33, of Muskogee. A series of sizeable undercover drug buys from Walker and a cohort, his brother Demetrius Walker, were completed. The buys occurred at Walker’s residence and place of business.”
“Federal search warrants were executed at the Walker residences and at Reflections, a restaurant and private club Walker operated, all in Muskogee. The money which is shared with MPD today was seized in the form of cash, vehicles and Marcus Walker’s residence.”
“The amount of drugs attributed to the defendant, for purposes of sentencing was over 14 kilos of cocaine.”
“The defendant had pled guilty, on February 24, 2005, to all 14 counts of the indictment which charged him with operating a drug conspiracy, 11 counts of crack cocaine distribution, and maintaining a residence to manufacture, distribute and use cocaine and cocaine base.”
“Pursuant to Walker’s plea, his house, a 2002 Cadillac, a 1993 Cadillac, a 2002 Suzuki motorcycle, and $42,948.00 in cash were all forfeited to the United States." WALKER was sentenced to 105 months in prison, followed by three (3) years supervised release, and ordered to pay a fine of $25,000.00.
“The conviction, sentence, and forfeitures arose from a Project Safe Neighborhood investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Internal Revenue Service Criminal Investigations Division, the Federal Bureau of Investigation and the Muskogee Police Department involving the distribution of cocaine and crack cocaine in Muskogee, Oklahoma.”
"We are grateful that officers of the Muskogee Police Department worked arm-in-arm with Special Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service - Criminal Investigations Division, and the Federal Bureau of Investigation in this important case," U.S. Attorney Sperling remarked. "Assistant United States Attorney Ryan Roberts served our office and our community very well as Project Safe Neighborhoods (PSN) Coordinator. We are also grateful that the court discerned the relevant issues in addressing this sentence."
“The United States Marshal’s Office has transferred $34,358.40 to Muskogee Police Department for their assistance rendered in the case. The money will be used for law enforcement purposes, as determined by Chief Eskridge.”
“Sharing seized assets is one way in which we encourage law enforcement officers from local, county, state, tribal and federal agencies to work together. We are grateful for this shared effort. The attitude expressed is that all the badges are about the same size.”
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FOR RELEASE: February 26, 2009
SUBJECT: ALLEN, Ernest Warren, Jr.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ERNEST WARREN ALLEN, Jr., age 55, of Gore, Oklahoma, was sentenced to 33 months imprisonment and 24 months supervised release for being a Felon in Possession of a Firearm and Felon in Possession of Ammunition, in violation of Title 18, United States Code, Section 922(g)(1).
“Charges arose from an investigation by the Gore Police Department and the Department of Alcohol, Tobacco, Firearms, and Explosives,” stated U.S. Attorney Sheldon J. Sperling. “ALLEN was indicted in July 2008.”
“On May 22, 2008, a Gore Police Officer responded to a disturbance at the ALLEN residence. While the officer was taking a report from a neighbor, the defendant fired shots in their direction from his residence. ALLEN went inside his house, refusing to come out when requested by the officer. Backup law enforcement arrived and ALLEN was arrested,” continued U.S. Attorney Sperling.
“A search warrant was issued for the residence. Officers seized a Armi Tanfoglio Giuseppe, model GT 27, .25 caliber pistol from the kitchen. A spent round of ammunition was also found under the front porch. Other ammunition was located throughout the residence.”
“ALLEN was convicted of Rape in the First Degree in Adair County in 2002. It is unlawful for a felon to possess a firearm.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant is in the custody of the United States Marshal Service.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: Febraury 26, 2009
SUBJECT: DEGASE, Floyd
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that FLOYD DEGASE, age 53, of Tahlequah, Oklahoma, was sentenced to 57 months imprisonment and 24 months supervised release, for being a Felon in Possession of a Firearm, a violation of Title 18, United States Code, Sections 922(g)(1), 924(a.
“Charges arose from an investigation by the District 27 Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),” stated U.S. Attorney Sheldon J. Sperling. “DEGASE was indicted in November 2008.”
“On March 14, 2008, agents from the District 27 Drug Task Force went to the defendant’s residence and met him outside. Officers obtained written consent to search the residence and uncovered two (2) firearms. DEGASE, a previously convicted felon, is prohibited from possessing a firearm.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant is in the custody of the United States Marshal Service.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: February 26, 2009
SUBJECT: PACHECO, Jose Miguel; a/k/a "BEBE"
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today JOSE MIGUEL PACHECO, a/k/a BEBE, age 19, of Muskogee, Oklahoma, was sentenced to seven (7) years imprisonment for Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
“Charges arose from an investigation by the Department of Alcohol, Tobacco, Firearms and Explosives and the Muskogee Police Department,” stated United States Attorney Sheldon J. Sperling. “PACHECO was indicted on June 18, 2008. The charges are in violation of Title 21, U.S.C., Section 846 and Title 18, U.S.C., Section 922(g)(1).”
“An alert Muskogee Police Officer stopped the defendant on December 8, 2007. The courageous Muskogee Officer bought methamphetamine and marijuana from the defendant on separate occasions. The defendant was armed with a loaded pistol during the undercover drug buys,” Sperling continued.
“The defendant conspired with others on numerous dates from March 14, 2008 to April 3, 2008, to possess and distribute marijuana and methamphetamine. PACHECO, a convicted felon, was also in possession of a firearm during and in relation to a drug trafficking crime.”
“PACHECO was caught selling marijuana and methamphetamine while possessing a firearm during an undercover police operation. The operation resulted in search warrants on vehicles, a residence, and a storage unit, all of which resulted in the seizure of evidence relating to the conspiracy and firearms charges,” continued U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. PACHECO is in the custody of the United States Marshal.”
“Assistant United States Attorney Dean Burris represented the United States.”
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