PRESS RELEASES - SEPTEMBER 2008
September 02, 2008 |
COVINGTON, James Lee |
Sentencing |
September 02, 2008 |
EASTEP, Jimmy Allen, Jr. |
Sentencing |
September 02, 2008 |
WORLEY, Cyndy K. |
Sentencing |
September 03, 2008 |
WOODARD, Julian Darnell |
Guilty Plea |
September 05, 2008 |
CHERRY, Cedric Jamara |
Sentencing |
September 11, 2008 |
LUELLEN, Rickey Dee, Jr. |
Guilty Plea |
September 11, 2008 |
Sentencing |
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September 18, 2008 |
Indictments |
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September 26, 2008 |
Complaint |
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FOR RELEASE: September 02, 2008
SUBJECT: COVINGTON, James Lee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JAMES LEE COVINGTON, age 34, of Hugo, Oklahoma, was sentenced today for Possession of an Unregistered Firearm, in violation of Title 26, U.S.C. Sections 5845, 5861(d) and 5871. COVINGTON pled guilty to the charges on April 11, 2008.
“COVINGTON was sentenced to the statutory maximum of 120 months imprisonment, 36 months supervised release and was ordered to pay a special assessment fee of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. The Court ordered the defendant to remain in the custody of the United States Marshal Service to begin serving his sentence.”
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Oklahoma State Bureau of Investigation and Choctaw County Sheriff’s Department,” stated U.S. Attorney Sheldon J. Sperling. “COVINGTON was indicted in November of 2007. On or about the 20th day of January, 2007, the defendant was found to be in possession of a 12 gauge shotgun with a barrel of less than 18 inches in length and an overall length of less than 26 inches. The firearm was not registered to him in the National Firearms Registration and Transfer Record as required.”
“Choctaw County Deputies were attempting to locate COVINGTON to interview him regarding a burglary investigation,” reported U.S. Attorney Sperling. “While the deputies were standing outside a residence, they saw him drive past. COVINGTON fired shots at the deputies. The deputies pursued and more gunshots were fired. Ultimately, COVINGTON ran through a roadblock and wrecked the pickup he was driving. The defendant was shot multiple times in the incident. One deputy at the roadblock, received minor facial injuries after gunshots hit a spotlight and mirror on his patrol vehicle. Fortunately, no officers were seriously injured.”
“Because the officers were not federal officers, the defendant is facing state charges based on the foregoing facts,” noted U.S. Attorney Sperling. COVINGTON is currently facing charges of Shooting with Intent to Kill; Attempting to Elude; Attempted Kidnapping; Assault with a Dangerous Weapon and Robbery with a Dangerous Weapon in Choctaw County District Court.”
“Assistant United States Attorney Christopher Wilson represented the United States.”
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FOR RELEASE: September 02, 2008
SUBJECT: EASTEP, Jimmy Allen, Jr.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JIMMY ALLEN EASTEP, JR., age 38, of McCurtain County, Oklahoma, was sentenced for Felon in Possession of a Firearm, in violation of Title 18, U.S.C., Section 922(g)(1), Possession with Intent to Distribute Methamphetamine, in violation of Title 21, U.S.C., Sections 841(a)(1) and 841(b)(1)(C) and Title 18, U.S.C., Section 2. EASTEP pled guilty to the charges on February 14, 2008.
“EASTEP was sentenced to 188 months imprisonment, 6 years of supervised release and was ordered to pay a special assessment fee of $200.00,” stated U.S. Attorney Sheldon J. Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. The Court ordered the defendant to remain in the custody of the United States Marshal Service to begin serving his sentence.”
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the McCurtain County Sheriff’s Office and agents of the District 17 Drug Task Force. EASTEP, having previous felony convictions for Possession of Methamphetamine with the Intent to Distribute and Manufacturing Methamphetamine, possessed two Ruger, model 10/22, .22 caliber rifles and an Astra, model Astra 357, .357 caliber revolver. All firearms had been shipped and transported in interstate commerce. Additionally, EASTEP possessed methamphetamine with the intent to distribute,” stated U.S. Attorney Sheldon J. Sperling.
“On May 11, 2007, deputies from the McCurtain County Sheriff’s Office served a state search warrant on the EASTEP residence. During the course of the search, they discovered approximately 25 grams of methamphetamine packaged in individual smaller quantities consistent with distribution, and several firearms. On August 7, 2007, agents of the District 17 Drug Task Force, deputies from the McCurtain County Sheriff’s office and agents of the ATF executed a state search warrant on the same residence. On this occasion, two additional firearms were recovered,” U.S. Attorney Sperling continued
“Assistant United States Attorney Rob Wallace represented the United States.”
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FOR RELEASE: September 02, 2008
SUBJECT: WORLEY, Cyndy K.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CYNDY K. WORLEY, age 52, of Gore, Oklahoma, was sentenced for Social Security Fraud, in violation of Title 42, United States Code, Section 408(a)(5). WORLEY pled guilty to the charge on April 10, 2008.
“WORLEY was sentenced to 5 years probation, Restitution in the amount of $42,126.00 and was ordered to pay a special assessment fee of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.”
“Charges arose from an investigation by the Social Security Administration (SSA), Office of Inspector General,” stated U.S. Attorney Sheldon J. Sperling. “From October 2003 to August 2007, WORLEY continued to receive payments, as representative payee, for the use and benefit of her mother. She then converted the payments to her own use, rather than for the use and benefit of her mother. WORLEY also intentionally concealed the death of her mother in order to continue to receive and spend the SSA payments.”
“On September 16, 2003, WORLEY’s mother passed away,” U.S. Attorney Sperling continued. “At the time of her death, WORLEY’s mother was receiving Social Security widow's benefits on the Social Security account of her deceased husband. After her death, the Social Security Administration continued to mail her monthly Social Security checks to her address. The SSA was unaware of her death, until September 2007, when they ceased paying benefits. WORLEY had endorsed all checks payable to her deceased mother after her death.”
“Assistant United States Attorney Paul Hess represented the United States.”
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FOR RELEASE: September 03, 2008
SUBJECT: WOODARD, Julian Darnell
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JULIAN DARNELL WOODARD, age 32, of DOC, OSP, McAlester, Oklahoma, pled guilty to Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, U.S.C., Section 846.
“WOODARD is a co-defendant in the March 12, 2008, federal grand jury indictment of 14 defendants,” stated U.S. Attorney Sheldon J. Sperling. “WOODARD participated in the distribution of methamphetamine and other controlled substances out of the Eufaula, Oklahoma area.”
“Ten men and four women were charged in a Eufaula-area drug conspiracy which extended over the past five years. The charged conspiracy involves methamphetamine, cocaine, and crack. Intermediate drug sources were located in Ft. Smith and Oklahoma City. ‘Mules’ were engaged to transport the drugs.”
“The conspirators used violence and threats to collect drug proceeds, prevent theft of drugs and money, maintain secrecy and promote discipline. Conspiratorial activity also is asserted, to include, traveling to various casinos to convert illegal drug proceeds into cash and travel to resort locations to reward and promote co-conspirator loyalty,” recalled U.S. Attorney Sperling.
“Johnny Edward Smith, the leader of the organization, as well as, Vance Eugene Winslow, III, Phillip Jerome Warrior, Nathan Simmons, Clarence Pierce, III, Teresa Martin, Una Smith, Olympia Caldwell and Danuel Dyer, co-defendants in this case, have entered pleas of guilty and are awaiting sentencing.”
“Charges arose from an investigation conducted by the Oklahoma Bureau of Narcotics (OBN), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Eufaula Police Department, the Checotah Police Department, and the Muskogee Police Department,” stated U.S. Attorney Sperling. “Dedicated investigators joined state, local and federal hands in this remarkable collective effort.”
“The Honorable Frank H. Seay, United States District Court Judge, 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. WOODARD will remain in the custody of the United States Marshal, pending sentencing.”
“The statutory range of punishment for WOODARD is a term of not less than 10 years and no more than life imprisonment and/or a $4,000,000.00 fine.”
“A preliminary guidelines review projects that WOODARD could face 121-151 months imprisonment.”
“Assistant United States Attorney Rob Wallace capably represented the United States.”
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FOR RELEASE: September 05, 2008
SUBJECT: CHERRY, Cedric Jamara
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CEDRIC JAMARA CHERRY, age 26, of McCurtain County, Oklahoma, was sentenced for Felon in Possession of Firearm, in violation of Title 18 U.S.C. Section 922(g)(1).
“CHERRY was sentenced to 94 months imprisonment, 36 months of supervised release and ordered to pay a Special Assessment in the amount of $100.00,” stated U.S. Attorney Sperling.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. CHERRY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed a Ruger, model P89 DAO 9mm handgun,” noted U.S. Attorney Sheldon J. Sperling. “CHERRY pled guilty to the charges on February 11, 2008.”
“On April 27, 2007, at approximately 9:30 a.m., CHERRY drove up to the Hillcrest Apartments in Idabel, Oklahoma. As he exited his grey Cadillac, he "racked" a 9mm round into the breach of his Ruger P89 semi-automatic handgun, and began yelling at the members of "4th Gen", a local street gang. There had been an ongoing dispute between 4th Gen and the local click of the 107 Hoover Crisp, with which CHERRY was affiliated,” continued U.S. Attorney Sperling. “Gunfire erupted, with several people firing multiple shots. When the shooting stopped, Chris Moore lay dying, from a gunshot wound to the neck.”
“The law provides that those who have been convicted of a felony have forfeited their second amendment rights,” stated U.S. Attorney Sperling. “When the wrong people have guns, tragedies like this occur. Project Safe Neighborhoods is the United States Department of Justice response to criminals possessing guns. It is gun possession by people like CHERRY that leads to the assault on gun ownership by private citizens. When we prosecute gun crimes, we protect the second amendment rights of those who choose to live by the rules of civilized society.”
“The Honorable James H. Payne, District Court Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Judge Payne ordered the defendant to remain in the custody of the U.S. Marshal to begin serving his sentence.”
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: September 11, 2008
SUBJECT: LUELLEN, Rickey Dee, Jr.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICKEY DEE LUELLEN, JR., age 30, of Wagoner, Oklahoma, pled guilty to Sexual Exploitation of a Minor Child, in violation of Title 18, U.S.C., Section 2251(a).
“Charges arose from an investigation by Wagoner Police Department, the Federal Bureau of Investigation and Oklahoma State Bureau of Investigation,” stated U.S. Attorney Sperling. “In May, 2006, the defendant engaged in sexually explicit conduct with a minor child under the age of twelve, for the purpose of taking digital photographs.”
“The Honorable Kimberly E. West, 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. The defendant will remain in the custody of the United States Marshal, pending sentencing.”
“The statutory range of punishment is 15-30 years imprisonment and/or up to $250,000 in fines,” stated U.S. Attorney Sperling.
“A preliminary advisory federal sentencing guideline review projects LUELLEN could face 262 – 360 months imprisonment.”
“Assistant United States Attorney Christopher Wilson represented the United States.”
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FOR RELEASE: September 11, 2008
SUBJECT: MONTANO, Jorge; a/k/a CARDENAS, Jorge
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JORGE MONTANO, a/k/a, JORGE CARDENAS age 35, of Muskogee, Oklahoma, was found guilty by a federal jury on Thursday.
“MONTANO faced charges in a trial that began with hearing testimony on September 10, 2008,” stated U.S. Attorney Sheldon J. Sperling. “After a two day trial, the jury found the defendant guilty of Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances in violation of Title 18, U.S.C. Sections 846 and 841.”
“It was proven that the defendant conspired with others on numerous dates from November of 2006 to April 3, 2008, to possess and distribute marijuana,” noted U.S. Attorney Sperling.
“The conspiracy involved the sales of methamphetamine and marijuana in Muskogee, Tahlequah and other areas in the Eastern District of Oklahoma. On March 14, 2008, MONTANO, along with a co-conspirator sold two pounds of marijuana to an undercover police officer. After completing additional sales of marijuana and methamphetamine to individuals involved in the conspiracy, law enforcement officers with the Muskogee Police Department and the Bureau of Alcohol Tobacco and Firearms executed several search warrants. Those search warrants resulted in the recovery of over two hundred pounds of marijuana, firearms, methamphetamine and other tools of the drug trade.”
“In addition to participating in the delivery of drugs, the defendant was involved in the movement of substantial amounts of cash related to the sale of drugs. Evidence was presented at trial, that in one bank account alone, the conspirators deposited over $175,000.00 in cash over a fifteen month period,” recalled U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s trial. The Court ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: September 18, 2008
SUBJECT: FEDERAL GRAND JURY INDICTMENTS - SEPTEMBER 2008:
BROWN, Gannon; MINER, Valerie J.; RANEY, Jerry Dewitt; RIGGLE, Steven B.; and VICARS, Kent
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the September 2008 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”.
GANNON BROWN, age 22, of Bowlegs, Oklahoma.
Theft by Officers or Employees of an Indian Gaming Establishment.
The indictment alleges that on or about February 28, 2008 until on or about June 11, 2008, the defendant intentionally converted to his own use and the use of others, in excess of $1,000.00 of money, funds, and credits belonging to the Seminole Nation River Mist Casino. The defendant was at that time an employee of the casino. Charges arose from an investigation by the Bureau of Indian Affairs. The charges are in violation of Title 18, USC Section 1168(b).
(Up to 20 years imprisonment and/or up to $1,000,000.00 in fines.)
First Assistant United States Attorney Doug Horn
VALERIE J. MINER, age 46, of Checotah, Oklahoma.
Misappropriation of Postal Funds.
The indictment alleges that on or about August 2006, and continuing through April 12, 2007, the defendant converted approximately $7,284.49 in U.S. Postal Service funds to her personal use. The defendant was at the time the Postmaster of the Warner Post Office, Warner, Oklahoma. Charges arose from an investigation by the U.S. Postal Service – OIG. The charges are in violation of Title 18, USC Section 1711.
(Up to 10 years imprisonment and/or $250,000.00 in fines.)
First Assistant United States Attorney Doug Horn
JERRY DEWITT RANEY, age 44, of Muskogee, Oklahoma.
Felon in Possession of a Firearm and Felon in Possession of Ammunition.
The indictment alleges that on or about August 19, 2007, the defendant, a convicted felon, purchased a Ruger 30-06 rifle at a gun show in Tulsa. The defendant held the firearm to inspect it prior to making the purchase. He then placed the firearm in a vehicle and drove to a friend’s residence in Muskogee. After showing the rifle to his friend, he and another person took the rifle to a rented motel room in Muskogee. Approximately two weeks later, RANEY purchased ammunition for the rifle at a Wal-Mart in Muskogee. The defendant was charged by Criminal Complaint on August 8, 2008 and arraigned on August 14, 2008. The gun was seized from a home in Keota, Oklahoma during the execution of a search warrant in August 2008. Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Muskogee County Sheriff’s Office. The charges are in violation of Title 18, USC Section 922(g)(1).
(Up to 10 years imprisonment and/or $250,000.00 in fines, each count.)
Assistant United States Attorney Shannon Henson
STEVEN B. RIGGLE, age 43, of Ada, Oklahoma.
Delay of Mail.
The indictment alleges that the defendant, an employee of the United States Postal Service at the time, knowingly and unlawfully secreted, detained, and delayed mail delivery from the United States Post Office at Stonewall, Oklahoma. The charges arose from an investigation by the United States Postal Service Office of the Inspector General. The charge is in violation of Title 18, USC Section 1703(a).
(Up to 5 years imprisonment and/or $250,000.00 in fines.)
Assistant United States Attorney Shannon Henson
KENT VICARS, age 58, of Krebs, Oklahoma.
False Statement During Purchase of a Firearm (4 Counts).
The defendant, a convicted felon, and Mayor of Krebs, Oklahoma, knowingly made false statements during the purchase of firearms from federally licensed firearms dealers with the intent to deceive. Vicars allegedly filled out and signed forms to buy the guns, stating “no” when asked if he was a convicted felon. The offenses allegedly occurred on September 15, 2004, October 21, 2004, December 10, 2004, and May 6, 2006, all in Pittsburg County. The guns allegedly purchased include one Franchi, model 48, 20 gauge shotgun; one Thompson/Center Arms, model 209x50 Magnum, 50 caliber rifle; one Browning, model 2000, 12 gauge shotgun; and one Remington, model 700, 7mm caliber rifle. The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Krebs Police Department. Charges are in violation of Title 18, USC Section 922(a)(6).
(Up to 10 years imprisonment and/or $250,000.00 in fines, each count.)
Assistant United States Attorney Shannon Henson
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FOR RELEASE: September 26, 2008
SUBJECT: MULLINS, Tonia Rene; HERCULES, Regina; and CRAWFORD, Michael Andrew
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that a Complaint was filed against TONIA RENE MULLINS, age 32 of Ada, Oklahoma, REGINA HERCULES, age 43, of Ada, Oklahoma and MICHAEL ANDREW CRAWFORD, age 26, on active duty with the United States Army.
The defendants are charged with 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.
“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, asserts the following,” 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 hitman 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. Agents from the OSBI and FBI began an investigation. That 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 deal. On September 19, 2008 when Mullins and Crawford brought collateral to the undercover agent to ensure payment of the $5,000.00 they were arrested. Following their arrest Mullins and Hercules provided statements to the FBI acknowledging their involvement in the scheme and implicating Crawford. Military authorities have been alerted so that Crawford may be brought back to the Eastern District of Oklahoma for judicial proceedings.”
“A writ has been issued for both Mullins and Hercules, who are currently being held on state charges filed by Chris Ross, the District Attorney for Pontotoc County. An initial appearance has been scheduled for Thursday, October 2, 2008 at 10:00 a.m., before Magistrate Judge Kimberly E. West in the United States District Court for the Eastern District of Oklahoma in Muskogee.
“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,” stated U.S. Attorney Sperling. “Assistant United States Attorney Gregory Dean Burris represents the government.”
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