PRESS RELEASES - SEPTEMBER 2009
September 01, 2009 - JAMES, Jack
a/k/a JAMES, Jack S.
a/k/a JAMES, Jack Sonny
a/k/a JAMES, Sonny Jack
September 03, 2009 - LOPEZ, Jesus Adrian Garcia
a/k/a LOPEZ, Chuy Garcia
September 03, 2009 - MONTOYA, Louie
a/k/a MONTOYA, Luis
September 03, 2009 - SOLOMON, Richard Leland, III
September 03, 2009 - TOLLETT, David
September 10, 2009 - MEDLIN, Troy Robert
September 11, 2009 - POTTS, William Patrick
September 11, 2009 - SEVENSTAR, Victor Lee
SEVENSTAR, Isaac
a/k/a BYRD, Isaac L.
September 16, 2009 - FEDERAL GRAND JURY INDICTMENTS - SEPTEMBER 2009
PINCKARD, John Wayne
SMITH, Anita Marie
TACKETT, Jennifer Michelle
a/k/a MILLIGAN, Jennifer M.
September 16, 2009 - PEREZ-PADRON, Alejandro
a/k/a VELLASQUEZ, William A.
September 16, 2009 - WOOD, Wade D.
September 17, 2009 - SALINAS, Fernando Eligio
a/k/a "LA PENNA"
a/k/a GARZA, Fernando Salinas
September 22, 2009 - BROOKSHIRE, Mykol Travis
JONES, Terry Alan
September 23, 2009 - BURKHART, William David
September 23, 2009 - GIRDNER, Lucian Ben
September 23, 2009 - HARRIS, Cody
September 23, 2009 - HUTCHINS, Lucious Micah
a/k/a HUTCHINS, Luscious Micah
September 24, 2009 - HAMM, Jimmy Russell II
a/k/a HAMM, "Rusty"
September 25, 2009 - COKER, Danny David
September 25, 2009 - MILNER, Ben Wesley
FOR RELEASE: September 01, 2009
SUBJECT: JAMES, Jack; a/k/a JAMES, Jack S.; a/k/a JAMES, Jack Sonny; a/k/a JAMES, Sonny Jack
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JACK JAMES, a/k/a JACK S. JAMES, a/k/a, JACK SONNY JAMES, a/k/a, SONNY JACK JAMES, age 48, of Tahlequah, Oklahoma, was found guilty on one count of being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e).
“The 2 day trial began on Monday and ended with a guilty verdict on Count 2 of the indictment. The jury deliberated approximately one hour before reaching its verdict. JAMES was acquitted of Count 1 of the indictment which charged him with aiding and abetting Truman Burgess in possessing firearms. Burgess pled guilty to that charge prior to jury trial,” noted U.S. Attorney Sperling.
“The charges against JAMES arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms,” stated U.S. Attorney Sheldon J. Sperling. “JAMES was indicted in November 2008.”
“On November 13, 2009, a federal search warrant was executed by ATF at JAMES’ residence in rural Cherokee County. The Tahlequah Police Department Special Operations Team and the Cherokee County Sheriff’s Department assisted in the execution of the warrant. JAMES, a convicted felon, was found in possession of a .22 caliber rifle and a .22 caliber pistol, during the search. JAMES has previous state convictions for Murder in the Second Degree, Unlawful Possession of Controlled Drug with Intent to Distribute, and Burglary in the Second Degree.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the 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 Christopher Wilson represented the United States.”
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FOR RELEASE: September 03, 2009
SUBJECT: LOPEZ, Jesus Adrian Garcia; a/k/a LOPEZ, Chuy Garcia
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JESUS ADRIAN GARCIA LOPEZ a/k/a, CHUY GARCIA LOPEZ, age 26, an illegal alien, was sentenced to 37 months imprisonment, followed by 36 months of supervised release in federal court today.
“LOPEZ pled guilty in March 2009, to two counts of Distribution of Methamphetamine, a Schedule II Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Distribution of Cocaine, a Schedule II Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C),” noted U.S. Attorney Sperling.
“Charges arose from an investigation by the Oklahoma State Bureau of Investigation and the Bureau of Alcohol Tobacco and Firearms. LOPEZ was indicted by a federal grand jury in September, 2006.”
“On two separate occasions in February and March, 2006, LOPEZ made hand-to-hand deliveries of methamphetamine and cocaine, to an undercover ATF Agent,” recalled 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. LOPEZ remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: September 03, 2009
SUBJECT: MONTOYA, Louie; a/k/a MONTOYA, Luis
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LOUIE MONTOYA, a/k/a Luis Montoya, age 62, of Albuquerque, New Mexico, was sentenced to 37 months imprisonment, followed by 36 months of supervised release, in federal court today.
“MONTOYA was charged by way of an Information on May 7, 2009. The 3 count Information charged the defendant with Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, United States Code, Section 846, Conspiracy to Launder Monetary Instruments, in violation of Title 18, United States Code, Section 1956(h) and a Drug Forfeiture, in violation of Title 21, United States Code, Section 853.
“MONTOYA provided transportation services for Bobby Fairchild’s drug trafficking organization. On September 17, 2008, MONTOYA was caught in possession of a large sum of money which surveillance and telephone intercepts confirm was FAIRCHILD’s money. FAIRCHILD and 7 others have entered guilty pleas and are awaiting sentencing dates,” noted U.S. Attorney Sperling.
“Charges arose from an investigation being conducted by the Drug Enforcement Administration (DEA), the Muskogee County Sheriff’s Office, the Muskogee Police Department, and other law enforcement entities across Texas, Oklahoma, Arkansas, Tennessee and Kentucky. The investigation is part of an ongoing, nationwide, coordinated effort to combat the importation of illegal substances from the Republic of Mexico into the United States. Agents have been focused upon this organization for over a year. Assistant United States Attorney Rob Wallace has led the coordinated efforts for the Eastern District of Oklahoma.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the U.S. Marshal’s Service pending transportation to the designated federal prison at which he will serve his non-parolable sentence.”
“Assistant United States Attorney Rob Wallace represented the United States.”
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FOR RELEASE: September 03, 2009
SUBJECT: SOLOMON, Richard Leland, III
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICHARD LELAND SOLOMON, III, age 30, of Canadian, Oklahoma, was sentenced to 10 years imprisonment, followed by 5 years of supervised release for Possession of One or More Visual Depictions of a Minor Engaging in Sexually Explicit Conduct in violation of Title 18, United States Code, Section 2252(a)(4)(B).
“Charges arose from an investigation by the Federal Bureau of Investigation. SOLOMON was indicted by a federal grand jury in September, 2008 and pled guilty on January 9, 2009,” stated U.S. Attorney Sheldon J. Sperling.
“On May 13, 2008, FBI special agents executed a federal search warrant on SOLOMON’S residence. During the search, agents seized 3 laptop computers. During the interview, SOLOMON admitted to having hundreds of child pornography videos on his computers. A forensic examination of the seized computers confirmed SOLOMON’s admissions,” 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. SOLOMON remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: September 03, 2009
SUBJECT: TOLLETT, David
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DAVID TOLLETT, age 45, of Non, Oklahoma, was sentenced to 188 months imprisonment, followed by 72 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and Manufacture of a Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).
“Charges arose from an investigation by the McAlester Police Department, Hughes County Sheriff’s Department, the District 22 Drug Task Force, Oklahoma Bureau of Narcotics and District 19 District Attorney’s Office,” stated U.S. Attorney Sheldon J. Sperling.
“On February 13, 2009, law enforcement officers from McAlester Police Department and the Hughes County Sheriff’s Office went to a residence in Hughes County to serve an arrest warrant. When law enforcement arrived they encountered TOLLETT, who gave officers permission to search his residence and surrounding buildings. During the search, officers saw items consistent with a methamphetamine lab and several firearms,” continued U.S. Attorney Sperling.
“TOLLETT, a previously convicted felon, is prohibited from possessing any firearms. TOLLETT was indicted by a federal grand jury in March 2009 and pled guilty in April 2009.”
“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. TOLLETT remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: September 10, 2009
SUBJECT: MEDLIN, Troy Robert
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that TROY ROBERT MEDLIN, age 52, of Tahlequah, Oklahoma, was found guilty on charges of Possession of Methamphetamine with Intent to Distribute, in violation of Title 21 U.S.C. § 841(a)(1) & (b)(1)(C) and Possession of Firearm by a Prohibited Person, in violation of Title 18, United States Code, Sections 922(g)(8).
“Charges arose from an investigation by the District 27 District Attorney’s Office Drug Task Force, the Cherokee County Sheriff’s Department, the Tulsa Police Department and the Bureau of Alcohol, Tobacco and Firearms,” stated U.S. Attorney Sheldon J. Sperling. “MEDLIN was indicted in June 2009.”
“The evidence at trial established that on April 1, 2009, the District Court for Tulsa County granted an Order of Protection against MEDLIN. In the Order, MEDLIN was informed that federal law provides penalties for possessing, transporting, shipping or receiving any firearm or ammunition and that possession of a firearm or ammunition while the Order is in effect, may subject MEDLIN to prosecution for a violation of federal law,” continued U.S. Attorney Sperling.
“Agents were later informed that MEDLIN was selling methamphetamine from his residence and was in possession of numerous firearms. Agents requested and received a federal search warrant for MEDLIN’s residence. During the execution of that search warrant, agents recovered approximately 65 firearms and methamphetamine. On May 20, 2009, MEDLIN was arrested.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the 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 more than 20 years imprisonment,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: September 11, 2009
SUBJECT: POTTS, William Patrick
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that WILLIAM PATRICK POTTS, age 47, of Peggs, Oklahoma, was sentenced to 188 months imprisonment, followed by 36 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e).
“Charges arose from an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Tahlequah Police Department and support from the Cherokee County Sheriff’s Office,” stated U.S. Attorney Sperling. “POTTS, a previously convicted felon, was found guilty by a federal jury in March, 2009. Evidence proved that POTTS was in possession of a Marlin Win Mag .22 rifle,” 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 the trial and today’s hearing. POTTS will remain in the custody of the United States Marshal pending transportation to the designated federal prison, at which he will serve his nonparolable sentence.”
“Assistant United States Christopher J. Wilson represented the United States at trial.”
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FOR RELEASE: September 11, 2009
SUBJECT: SEVENSTAR, Victor Lee; and SEVENSTAR, Isaac; a/k/a BYRD, Isaac L.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that VICTOR LEE SEVENSTAR, age 22, of Stilwell, Oklahoma and ISAAC SEVENSTAR, a/k/a, ISAAC L. BYRD, of Muldrow, Oklahoma, were both sentenced in federal court today.
“VICTOR SEVENSTAR was sentenced to 51 months imprisonment, followed by 24 months of supervised release. ISAAC SEVENSTAR was sentenced to 63 months imprisonment, followed by 24 months of supervised release.
“The SEVENSTARS were indicted in November 2008. After two days of trial in February, 2009, the jury returned a unanimous verdict of guilty on the charge of burglary in the second degree,” recalled United States Attorney Sperling. “In the nighttime early morning hours of October 27, 2007, the defendants broke into a residence located in the Bell community near Stilwell in Adair County.”
“The burglarized home was situated on restricted Indian land,” U.S. Attorney Sperling noted. “The crime of second degree burglary involves breaking and entering into an unoccupied dwelling with intent to commit a felony therein. The evidence during the trial established that, after the home was broken into and entered, various items – including appliances and furnishings – were stolen. The house was then burned to the ground.”
“Charges arose from an investigation by the Federal Bureau of Investigation and the Cherokee Nation Marshal Service.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the trial and today’s hearing. Both defendants will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which they will serve their nonparolable sentences.
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: September 16, 2009
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: PINCKARD, John Wayne; SMITH, Anita Marie; and TACKETT, Jennifer Michelle; a/k/a MILLIGAN, Jennifer M.
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the September 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”.
JENNIFER MICHELLE TACKETT; a/k/a JENNIFER M. MILLIGAN, age 30, of Shady Point, Oklahoma
Misapplication of Financial Institution Funds
The Indictment alleges that from on or about January, 2005 to June, 2005, the defendant, an employee of the Community State Bank in Spiro, Oklahoma, embezzled $13,000.00.
The charges arose from an investigation by the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 656 (Not more than 30 years imprisonment and/or up to $1,000,000.00 in fines)
First Assistant United States Attorney Doug Horn
JOHN WAYNE PINCKARD, age 63, of Broken Bow, Oklahoma
Manufacture of Marijuana, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, Felon in Possession of a Firearm
The Indictment alleges that on or about June 22, 2009, during the execution of a state search warrant, the defendant, was found in possession of 1 revolver, 1 pistol, 2 shotguns and 1 rifle. Deputies also discovered a concealed marijuana grow room in the basement and several marijuana plants growing outside of the residence.
The charges arose from an investigation by the McCurtain County Sheriff’s Department. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B) (10 years to Life imprisonment and/or up to $4,000,000 in fines), Title 18, United States Code, Section 924(c)(1)(A) (Not less than 5 years imprisonment and/or up to $250,000 in fines) and Title 18, United States Code, Section 922(g)(1) (Not more than 10 years imprisonment and/or up to $250,000 in fines)
Assistant United States Attorney Shannon Henson
ANITA MARIE SMITH, age 36, of Watson, Oklahoma
Money Order Fraud
The Indictment alleges that from on or about March 18, 2009 to June 13, 2009, the defendant, an employee of the United States Postal Service (USPS), issued money orders without remitting the money order funds and fees to the USPS. In order to cover her issuance of money orders, the defendant wrote at least 5 personal checks that were subsequently returned to the USPS as being insufficient funds.
The charges arose from an investigation by the United States Postal Service Office of Inspector General. The charges are in violation of Title 18, United States Code, Section 500 (Not more than 5 years imprisonment and/or up to $250,000 in fines)
Assistant United States Attorney D. Edward Snow
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FOR RELEASE: September 16, 2009
SUBJECT: PEREZ-PADRON, Alejandro; a/k/a VELLASQUEZ, William A.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALEJANDRO PEREZ-PADRON, a/k/a WILLIAM A. VELLASQUEZ, age 27, of Roland, Oklahoma, pled guilty to Possession of a Firearm by an Alien Illegally or Unlawfully in the United States, in violation of Title 18, United States Code, Section 922(g)(5)(A).
“Charges arose from an investigation by the Sequoyah County Sheriff’s Department and the U.S. Department of Immigration and Customs Enforcement (ICE),” stated U.S. Attorney Sheldon J. Sperling. “PEREZ-PADRON was indicted in July, 2009.”
“The indictment alleged that on or about June 6, 2009, during the execution of state search warrant, the defendant was found in possession of a loaded, Smith and Wesson .40 caliber pistol, tucked in his waistband and 24 rounds of .40 caliber ammunition in his front pocket. The defendant, an illegal alien, is prohibited from possessing firearms or ammunition.”
“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 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 imposition of sentence.”
“The statutory range of punishment is not more than 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 12-18 months imprisonment.”
“Assistant United States Attorney Edward Snow represented the United States.”
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FOR RELEASE: September 16, 2009
SUBJECT: WOOD, Wade D.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that WADE D. WOOD, age 37, of Milburn, Oklahoma, pled guilty to Conversion of Mortgaged Property, in violation of Title 18, United States Code, Section 658.
“The charges arose from an investigation by the United States Department of Agriculture, Office of Inspector General,” stated U.S. Attorney Sheldon J. Sperling. “WOOD was indicted in June, 2009.”
“The Indictment alleged that WOOD obtained a series of farm loans from the Farm Service Agency and pledged livestock, equipment and crops as collateral for the loans. From June 1, 2004 to October 31, 2005, WOOD sold wheat & soybean crops and failed to pay the proceeds of the sale to Farm Service Agency.” continued U.S. Attorney Sperling.
“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. WOOD remains on bond pending sentencing.”
“The statutory range of punishment is up to 5 years imprisonment and/or up to $250,000 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of probation to12 months imprisonment.”
“Assistant United States Attorney Chris Wilson represented the United States.”
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FOR RELEASE: September 17, 2009
SUBJECT: SALINAS, Fernando Eligio; a/k/a "LA PENNA"; a/k/a GARZA, Fernando Salinas
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that FERNANDO ELIGIO SALINAS, a/k/a, “LA PENNA”, a/k/a, FERNANDO SALINAS GARZA, age 35, of Tahlequah, Oklahoma, pled guilty to an Information charging him as Illegal Alien in Possession of Firearm, in violation of Title 18, United States Code, Section 922(g)(5) and Illegal Re-entry of Removed Alien, in violation of Title 18, United States Code, Section 1326(a).
“The charges arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms,” stated U.S. Attorney Sheldon J. Sperling. “SALINAS was indicted in August, 2009.”
“The Information alleged that on August 5, 2009, during the execution of a federal search warrant, SALINAS was found in possession of a shotgun, 3 rifles and 2 pistols. As an illegal alien, SALINAS is prohibited from possessing any firearms. The defendant was deported from the United States on three previous occasions. SALINAS re-entered the United States through Brownsville, Texas in 2008,” continued U.S. Attorney Sperling.
“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. SALINAS will remain 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 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines projects an advisory sentencing range of 12-18 months imprisonment.”
“Assistant United States Attorney Chris Wilson represented the United States.”
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FOR RELEASE: September 22, 2009
SUBJECT: BROOKSHIRE, Mykol Travis; and JONES, Terry Alan
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today, TERRY ALAN JONES, age 36, and MYKOL TRAVIS BROOKSHIRE, age 38, both of Eufaula, were sentenced for Conspiracy Under Color of Law to Interfere with Interstate Commerce.
“Both defendants were sentenced to 27 months imprisonment, followed by 24 months of supervised release,” reported U.S. Attorney Sperling. “The court imposed the maximum permissible federal prison term, consistent with advisory federal sentencing guidelines.”
“These sentences will not be subject to parole.”
“The defendants admitted the time of the charged conspiracy to be from about November 2007 until May 2009,” U.S. Attorney Sperling noted. “Defendant Jones was then Sheriff of McIntosh County. Defendant Brookshire was then the under-sheriff for McIntosh County.”
“The object of the charged conspiracy was for the defendants to use their positions as law enforcement officers to illegally obtain cash from motorists traveling in interstate commerce,” U.S. Attorney Sperling said.
U.S. Attorney Sperling added, “By virtue of their jobs in the McIntosh County Sheriff’s Office, the defendants were in positions to execute traffic stops and search for contraband such as weapons, narcotics, or money that was derived from illegal activity.”
“In certain such traffic stop contexts, the defendants encountered large sums of United States currency. They took either all or a portion of the proceeds, and reported the remaining to the District Attorney as seized money to be forfeited. The funds defendants illegally obtained were divided relatively evenly between the defendants.”
U.S. Attorney Sperling further reported, “The defendants admitted an extortionate occurrence in November 2007. Defendant Brookshire seized a reported $7,000 from a motorist on I-40 in McIntosh County and released the driver. Given the facts, the District Attorney’s Office declined to forfeit the money. Nearly a year later, defendant Jones returned the money.”
“On May 21, 2009, the defendants confiscated a sum of money from another detained motorist,” U.S. Attorney Sperling continued. “The vehicle was driven by an agent acting in an undercover capacity. The officer who effected the stop contacted defendant Jones who directed defendant Brookshire to go to the scene. A search of the vehicle revealed six bundles of currency. Brookshire took one of the bundles to his patrol car, then placed the other five on the dash of his car. Defendant Jones then informed the undercover agent that he would be jailed if he failed to complete a release of currency form.”
“Defendant Jones then contacted the office of the Drug Enforcement Administration and advised that they had seized five bundles of currency. Defendant Jones then presented the undercover agent the release of currency form and again informed him that if he didn’t sign the form, he would go to jail. The undercover agent signed the form and was then released.”
“The defendants stole a portion of the confiscated cash.”
“A subsequent federal search warrant was executed. $2,600 in cash was found in an air duct to a stove exhaust fan in the then-undersheriff’s residence. $2,400 in cash was retrieved from the then-sheriff’s home.”
“Investigative agencies which participated in this investigation include the Federal Bureau of Investigation, the Drug Enforcement Administration-Dallas Field Division, the District 25 Office of the District Attorney Tom Giulioli and the Department of Public Safety.”
“Defendants Jones and Brookshire both resigned from office after an initial federal charge was filed on May 22, 2009. State charges are pending in McIntosh County.”
“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. Both defendants were ordered to report to the Bureau of Prisons no later than noon on December 1, 2009.”
“Assistant United States Attorney Ryan Roberts represented the government at today’s hearings.”
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FOR RELEASE: September 23, 2009
SUBJECT: BURKHART, William David
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that WILLIAM DAVID BURKHART, age 62, of Pittsburg County, Oklahoma, was sentenced to 84 months imprisonment, followed by 60 months of supervised release for Possession of One or More Visual Depictions of a Minor Engaging in Sexually Explicit Conduct, in violation of Title 18, United States Code, Section 2252(a)(4)(B).
“Charges arose from an investigation by the Federal Bureau of Investigation and the United States Immigration and Customs Enforcement Agency (ICE). BURKHART was indicted by a federal grand jury in September, 2008 and pled guilty in January, 2009,” stated U.S. Attorney Sheldon J. Sperling.
“In October, 2006, FBI agents received information from Europol regarding a ring of people in 28 countries who were producing, trading and possessing child pornography. BURKHART’S email address was listed among those who had ordered and received child pornography videos,” noted U.S. Attorney Sperling.
“On May 8, 2008, FBI and ICE special agents executed a federal search warrant on BURKHART’S residence. During the search, agents seized a computer and hundreds of DVDs that contained child pornography,” recalled 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 will remain free on bond pending appeal.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: September 23, 2009
SUBJECT: GIRDNER, Lucian Ben
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LUCIAN BEN GIRDNER, age 25, of Tahlequah, Oklahoma, was sentenced to 60 months imprisonment, followed by 48 months of supervised release for Distribution of a Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B)(viii).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives,” stated U.S. Attorney Sheldon J. Sperling. “GIRDNER was indicted in February, 2009 and pled guilty in April, 2009.”
“Between October 17, 2008, and December 17, 2008, an ATF confidential informant purchased various amounts of methamphetamine from GIRDNER on 4 separate occasions.”
“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. GIRDNER remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Shannon L. Henson represented the United States.”
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FOR RELEASE: September 23, 2009
SUBJECT: HARRIS, Cody
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CODY HARRIS, age 34, of Tahlequah, Oklahoma, was sentenced to 37 months imprisonment, followed by 36 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1).
“Charges arose from an investigation by the District 27 District Attorney’s Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives,” stated U.S. Attorney Sheldon J. Sperling. “HARRIS was indicted in February, 2009 and pled guilty in April, 2009.”
“On September 26, 2008, during a state search warrant of HARRIS’ residence, agents found a .40 caliber semi-automatic pistol with 2 (two) loaded magazines and a 12 gauge shotgun that had been reported stolen. HARRIS, a previously convicted felon, is prohibited from possessing firearms or ammunition.”
“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. HARRIS remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: September 23, 2009
SUBJECT: HUTCHINS, Lucious Micah; a/k/a HUTCHINS, Luscious Micah
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LUCIOUS MICAH HUTCHINS, a/k/a, Luscious Micah Hutchins, age 31, of Antlers, Oklahoma, pled guilty to Making a Counterfeit Instrument, in violation of Title 18, United States Code, Section 471.
“Charges arose from an investigation by the District 17 District Attorney’s Drug Task Force and the United States Secret Service,” stated U.S. Attorney Sheldon J. Sperling. “HUTCHINS was indicted in August, 2009.”
“In March 2009, Pushmataha County Drug Task Force executed a state search warrant at HUTCHINS’ residence,” continued U.S. Attorney Sperling. “Four (4) counterfeit twenty dollar bills were located along with a computer, printer, scanner and copier.”
“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 remains on bond pending sentencing.”
“The statutory range of punishment is up to 20 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 12-18 months imprisonment.”
“Assistant United States Attorney Shannon L. Henson represented the United States.”
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FOR RELEASE: September 25, 2009
SUBJECT: COKER, Danny David
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DANNY DAVID COKER, age 57, of Muldrow, Oklahoma, was sentenced to 60 months in prison for Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18 U.S.C. Section 924(c).
“Charges arose from an investigation by the Sequoyah County Sheriff’s Department, District 27 Drug Task Force and the Drug Enforcement Administration (DEA)” stated U.S. Attorney Sheldon J. Sperling. “COKER was indicted in February 2009 and pled guilty in April, 2009.”
“On November 21, 2007, law enforcement officers served a state search warrant on COKER’s residence. During the search, agents uncovered 13 firearms, at least 50 grams of methamphetamine located in a bedroom and surveillance equipment in an upstairs room,” continued U.S. Attorney Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. COKER remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: September 25, 2009
SUBJECT: MILNER, Ben Wesley
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BEN WESLEY MILNER, age 55, of Fort Towson, Oklahoma, was found guilty by a federal jury.
“MILNER faced charges in a trial that began with testimony on Monday,” stated U.S. Attorney Sheldon J. Sperling. “After a 3 days of testimony, and closing arguments on day 4, the jury deliberated for approximately five (5) hours and returned with the verdict of guilty on all counts which included three (3) counts of Deprivation of Rights Under Color of Law, in violation of Title 18, United States Code, Section 242 and two (2) counts of Falsification of Records in Federal Investigation, in violation of Title 18, United States Code, Section 1519.”
“The evidence proved that on October 31, 2005, MILNER, a deputy sheriff with the Choctaw County Sheriff’s Department, assaulted a man during a traffic stop, and on October 18, 2007, the defendant beat two inmates with an axe handle after they flooded the cell they were sharing,” noted U.S. Attorney Sperling. “It was further proven that after the beatings, MILNER typed and submitted two (2) false incident reports in an attempt to hide the truth of his unlawful behavior.”
“Charges arose from an investigation by the Federal Bureau of Investigation,” recalled U.S. Attorney Sperling.
“The Honorable Timothy D. DeGiusti, District Judge in the United States District Court for the Western District of Oklahoma, presided over the trial. The Court ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant was detained after the verdict was returned.”
“Assistant United States Attorney Dean Burris and Department of Justice-Civil Rights Division Trial Attorney Ryan McKinstry represented the United States.”
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FOR RELEASE: September 24, 2009
SUBJECT: HAMM, Jimmy Russell, II; a/k/a HAMM, "Rusty"
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JIMMY RUSSELL HAMM, II, a/k/a “Rusty” Hamm, age 31, pled guilty to Drug Possession with Intent to Distribute Anabolic Steroids, in violation of Title 21, United States Code, Sections 841(a)(1) and 841.
“Charges arose from an investigation by the Drug Enforcement Administration,” stated U.S. Attorney Sperling. “HAMM, a former Creek Nation Lighthorseman, was indicted in August, 2009.”
“From approximately September, 2005 through June, 2008, the defendant purchased anabolic steroids for personal use and to distribute. These purchases and deliveries, on occasion, were done while Defendant was on duty as a police officer for the Creek Nation Tribal Police and driving a marked patrol unit,” noted U.S. Attorney Sperling.
“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 investigation report. Sentencing will be scheduled following its completion. The defendant was released under the supervision of the U.S. Probation Office pending sentencing.”
“The statutory range of punishment is not less than five years imprisonment, and/or up to $250,000.00 fines. A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 0 – 6 months imprisonment,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Ryan Roberts represented the United States.”
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