PRESS RELEASES - NOVEMBER 2008
| November 05, 2008 | MULLINS, Tonia Rene HERCULES, Regina |
Guilty Plea |
| November 05, 2008 | GRIMMETT, Jeremy Dewayne | Guilty Plea |
| November 07, 2008 | BAEZ-CALVO, Osvaldo | Guilty Plea |
| November 12, 2008 | BRANNON, Alyn M. a/k/a BRANNON, Al |
Sentencing |
| November 12, 2008 | LEDFORD, Kris | Information |
| November 17, 2008 | FEDERAL GRAND JURY INDICTMENTS BURGESS, Truman Leon BURGESS, Truman Leon CRAWFORD, Michael Andrew DAVIS, Darreon A. DEGASE, Floyd FREEMAN, Bryan Scott GREENWOOD, Cody Allen JAMES, Jack Sonny NEESE, Ashton Abraham POTTS, William Patrick REED, Mardregus Nicle STEEL, Willie Joe |
Indictments |
| November 19, 2008 | LEDFORD, Kris | Guilty Plea |
| November 20, 2008 | HOGAN, Robert Charles | Sentencing |
| November 25, 2008 | FRANCIS, Hannah Elizabeth | Sentencing |
| November 25, 2008 | HARDING, Freda | Sentencing |
| November 26, 2008 | BENTLEY, Dustin Kyle | Sentencing |
| November 26, 2008 | OSBORNE, Manuelito Ramon | Sentencing |
FOR RELEASE: November 05, 2008
SUBJECT: MULLINS, Tonia Rene; and HERCULES, Regina
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that TONIA RENE MULLINS, age 32 of Ada, Oklahoma, REGINA HERCULES, age 43, of Ada, Oklahoma, 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.
“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 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 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 deal. On September 19, 2008 when Mullins 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.”
“The Honorable Kimberly E. West, Magistrate Judge, for the United States District Court in Muskogee, Oklahoma, accepted the defendants’ guilty pleas and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.”
“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 each defendant 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: November 05, 2008
SUBJECT: GRIMMETT, Jeremy Dewayne
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JEREMY DEWAYNE GRIMMETT, age 29, of Stilwell, Oklahoma, pled guilty to charges of Assault With a Dangerous Weapon, a violation of Title 18, U.S.C. Section 113(a)(3).
“Charges arose from an investigation by the Federal Bureau of Investigation, Adair County Sheriff’s Office and the Cherokee Nation Marshal’s Service,” stated U.S. Attorney Sheldon J. Sperling.
“The criminal complaint which was filed on September 25, 2008, alleged that on July 12, 2008, during an altercation between two separate individuals, GRIMMETT retrieved a pistol, fired it into the air and then struck one of the individuals in the head with that pistol, knocking him to the ground. GRIMMETT continued striking the victim with that weapon on the head,” U.S. Attorney Sperling noted.
“The charging document asserted that a bystander, who approached GRIMMETT during the assault, was threatened by GRIMMETT with that same pistol. Fearing for their safety, they got in their car and began to drive off when GRIMMETT fired at the vehicle striking it, including a shot into the hood of their car which resulted in the car being disabled,” recalled 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. GRIMMETT was ordered to remain in the custody of the U.S. Marshal’s Service pending sentencing.”
“The statutory range of punishment is not more than (10) years imprisonment and/or up to $250,000.00 in fines and a special assessment of $100.00. Preliminary sentencing guidelines project the defendant could face 37-46 months in prison,” stated U.S. Attorney Sperling.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: November 07, 2008
SUBJECT: BAEZ-CALVO, Osvaldo
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that, OSVALDO BAEZ-CALVO, age 35, from Mexico City, Mexico, pled guilty to the charge of being an Illegal Alien in Possession of a Firearm, a violation of Title 18, U.S.C., Section 922(g)(5).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the District 27 Drug Task Force in Tahlequah, Oklahoma,” stated U.S. Attorney Sheldon J. Sperling.
“On September 26, 2008, special agents from the ATFE and deputies from the Cherokee County District 27 Drug Task Force served a state search warrant on a residence in Tahlequah, Oklahoma. When law enforcement began to secure the house to make sure it was clear to do a search, they encountered BAEZ-CALVO, who was in a bathroom in the rear of the home. BAEZ-CALVO was reaching into a dryer when agents ordered him to raise his hands and was then secured for officer safety. The agent then conducted a search of that dryer where he found a Llama .45 caliber 1911 style handgun and a magazine containing four (4) rounds of .45 caliber ammunition,” U.S. Attorney Sperling continued.
“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. The defendant is in the custody of the United States Marshal Service.”
“The statutory range of punishment is not more than 10 years in prison and $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 10-16 month prison sentence.”
“Assistant United States Attorney Shannon Henson represented the government.”
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FOR RELEASE: November 12, 2008
SUBJECT: BRANNON, Alyn M.; a/k/a BRANNON, Al
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALYN M. BRANNON also known as AL BRANNON, age 77, of Arizona, was sentenced for Failure to File Income Tax Return, in violation of Title 26, U.S.C., Section 7203. BRANNON pled guilty on December 19, 2007.
“BRANNON was sentenced to 3 years probation, with 6 months home confinement,” stated U.S. Attorney Sheldon J. Sperling. “The court also ordered the defendant to pay restitution to the IRS in the amount of $30,000.00, and a Special Assessment Fee of $25.00. BRANNON will be supervised by the Phoenix U.S. Probation Office in the District of Arizona where he lives.”
"Charges arose from an investigation by the Bureau of Indian Affairs (BIA), the Internal Revenue Service (IRS), the United States Department of Interior Inspector General (DOIOIG), the Federal Bureau of Investigation (FBI) and the National Indian Gaming Commission (NIGC),” U.S. Attorney Sperling noted.
"During the calendar year 2001, BRANNON, a resident of Ada, Oklahoma, within the Eastern District of Oklahoma, received gross income in excess of the minimum filing requirement. Following the close of the calendar year 2001, and by April 15, 2002, BRANNON failed to make an income tax return to the Internal Revenue Service,” concluded 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, presided over today’s hearing."
"Assistant United States Attorney Linda Epperley represented the government."
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FOR RELEASE: November 12, 2008
SUBJECT: LEDFORD, Kris
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that KRIS LEDFORD, age 30, of Broken Arrow, Oklahoma, was charged by way of Information for one count of Possession of Stolen Firearm and one misdemeanor count of Stolen Valor.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Muskogee Police Department, and the Defense Criminal Investigative Service,” stated U.S. Attorney Sheldon J. Sperling. “LEDFORD was at the time the firearms were stolen a law enforcement officer with the Muskogee Police Department.”
“The Information charges that on or about June 4, 2007 to on or about May 29, 2008, LEDFORD knowingly possessed, concealed, stored, bartered, sold and disposed of nine (9) stolen firearms.”
“Count Two alleges that on or about July 23, 2008, LEDFORD falsely represented himself, verbally and in writing, to have been awarded the Purple Heart and the Bronze Star,” U.S. Attorney Sperling said.
“The defendant’s arraignment date will be set by the court.”
“Count One is in violation of Title 18, U.S.C. Section 922(j), (up to 10 years imprisonment and $250,000.00 in fines), and Count Two is in violation of Title 18, U.S.C. Section 704 (up to one year imprisonment and $100,000.00 in fines.)”
“First Assistant United States Attorney Doug Horn represents the United States.”
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FOR RELEASE: November 17, 2008
SUBJECT: FEDERAL GRAND JURY INDICTMENTS - NOVEMBER 2008:
BURGESS, Truman Leon; CRAWFORD, Michael Andrew; DAVIS, Darreon A.; DEGASE, Floyd; FREEMAN, Bryan Scott; GREENWOOD, Cody Allen; JAMES, Jack Sonny; NEESE, Ashton Abraham; POTTS, William Patrick; REED, Mardregus Nicle; and STEEL, Willie Joe
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the November 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”.
MICHAEL ANDREW CRAWFORD, age 26, stationed at Fort Bliss, TX.
Conspiracy to Use Interstate Commerce Facilities in the Commission of Murder for Hire.
The indictment alleges that in or about September 2008, the defendant, who at the time was deployed with the U.S. Army to South Korea, had discussions with Tonia Mullins about the possibility of killing his wife in order to collect $250,000.00 in life insurance and to ensure that Crawford could maintain custody of his 18 month old daughter. Further investigations revealed that Regina Hercules, the defendant’s aunt, was also participating in the scheme by offering to help put up collateral for the hit man. The charges arose from an investigation by the Ardmore Police Department, the Federal Bureau of Investigations and the Oklahoma State Bureau of Investigations.
The charges are in violation of Title 18, USC Section 1958. (Up to 10 years imprisonment and/or up to $250,000.00 in fines.)
Assistant United States Attorney Gregory Dean Burris
DARREON A. DAVIS, age 22, of Muskogee, OK.
Possession With Intent to Distribute Cocaine.
The indictment alleges that on June 25, 2007 and July 1, 2007, the defendant sold crack cocaine to a confidential informant. On September 28, 2007 the defendant was found in possession of crack cocaine during a traffic stop by a Muskogee Police Officer. The charges arose by an investigation of the Muskogee Police Department and the Federal Bureau of Investigations.
The charges are in violation of Title 21 USC Sections 841(a)(1), (b)(1)(A)(iii), (b)(1)(B)(iii) and (b)(1)(C). (From 10 years to life in prison and/or $4,000,000.00 in fines.)
Assistant United States Attorney Ryan Roberts
FLOYD DEGASE, age 53, of Tahlequah, OK.
Felon in Possession of a Firearm.
The indictment alleges that 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 charges arose from an investigation by the District 27 Drug Task Force and the Bureau of Alcohol Tobacco Firearms and Explosives.
The charges are in violation of Title 18 USC Sections 922(g)(1), 924(a) and 924(e) . (Not more than 10 years and/or $250,000.00 in fines)
Assistant United States Attorney Shannon Henson
BRYAN SCOTT FREEMAN, age 20, of Antlers, OK.
Felon in Possession of Firearm and Possession of a Stolen Firearm.
The indictment alleges that on or around August 15, 2008, Freeman and another person committed a burglary of a storage unit in Pushmataha County. The defendant allegedly took approximately fifteen guns wrapped in blankets, giving half the guns to Willie Joe Steel. Freeman placed the guns he stole with other stolen firearms at a residence in Pushmataha County, where they were recovered by law enforcement agents. The defendant is prohibited from possessing firearms as a previously convicted felon. Charges arose from an investigation by agents from the Oklahoma State Bureau of Investigation, Pushmataha District Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and local law enforcement officers.
The charges are in violation of Title 18 U.S.C. Sections 922(g)(1) and (j). (Not more than 10 years imprisonment and $250,000.00 in fines, each count.)
Assistant United States Attorney Ryan Roberts
CODY ALLEN GREENWOOD, age 19, of Antlers, OK.
Possession of Stolen Firearm.
The indictment alleges that in August 2008, the defendant committed a burglary of a residence in Pushmataha County, from which 14 firearms were taken by the defendant and another person. Law enforcement agents obtained a search warrant and conducted a search at a residence where a rifle was found under a mattress in a bedroom. The rifle was previously reported stolen from the residence where the burglary had occurred. The rifle case bearing the name of the burglary victim was recovered from the residence being searched. Further investigation led agents to Ashton Abraham Neese, who allegedly committed the burglary with Greenwood. The charges arose from an investigation by the Federal Bureau of Investigation and local task force agents.
The charges are in violation of Title 18, U.S.C. Section 922(j). (Not more than 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Ryan Roberts
ASHTON ABRAHAM NEESE, age 18, of Antlers, OK.
Possession of Stolen Firearm.
The indictment alleges that in August 2008, the defendant committed a burglary of a residence in Pushmataha County, with Cody Allen Greenwood, also indicted today. During the burglary, it is alleged that 14 firearms were taken by the defendant and Greenwood. Law enforcement agents obtained a search warrant and conducted a search at a residence where a rifle was found under a mattress in a bedroom. The rifle was previously reported stolen from the residence where the burglary had occurred. The rifle case bearing the name of the burglary victim was recovered from the residence being searched. The charges arose from an investigation by the Federal Bureau of Investigation and local task force agents.
The charges are in violation of Title 18, U.S.C. Section 922(j). (Not more than 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Ryan Roberts
MARDREGUS NICLE REED, age 30, of Idabel, OK.
Felon in Possession of Firearm and Ammunition.
The indictment alleges that on or about April 10, 2008, the defendant possessed firearms and ammunition, in McCurtain County. An investigation by law enforcement officers led them to the defendant, where a search of a vehicle he was driving produced a .22 caliber rifle. Later that day, officers recovered a .30-.30 rifle that Reed had given to an associate. During a pat-down of the defendant, rounds of ammunition were found in his pockets. In 1999, Reed was convicted of felonies including knowingly possessing and concealment of stolen property in Choctaw County, and delivery of a controlled dangerous substance – cocaine, also in Choctaw County. Reed has also previously pled guilty to burglary II in McCurtain County District Court, and is currently serving a sentence in the Department of Corrections. Reed is prohibited from possessing firearms as a previously convicted felon. The charges arose from an investigation by the McCurtain County Sheriff’s Office and District 19 Project Safe Neighborhood.
The charges are in violation of Title 18, U.S.C. Section 922(g)(1). (Not more than 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Shannon Henson
WILLIE JOE STEEL, age 35, of Antlers, OK.
Felon in Possession of Firearm and Possession of a Stolen Firearm.
The indictment alleges that on or around August 15, 2008, Steel and another person committed a burglary of a storage unit in Pushmataha County. Bryan Scott Freeman, also indicted today, allegedly took approximately fifteen guns wrapped in blankets from the storage units, giving have the guns to Steel. The defendant and Freeman divided the number of guns in half and Steel took possession of eleven guns (ten long guns and one pistol). Steel is prohibited from possessing firearms as a previously convicted felon. The charges arose from an investigation by the Oklahoma State Bureau of Investigation, Pushmataha District Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and local law enforcement officers.
The charges are in violation of Title 18, U.S.C. Section 922(g)(1) and (j). (Not more than 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Ryan Roberts
WILLIAM PATRICK POTTS, age 47, of Peggs, OK.
Felon in Possession of Firearm.
The indictment alleges that on October 22, 2008, Potts, a convicted felon, possessed a .22 Winchester Magnum rifle. The charges arose from an investigation by the Alcohol, Tobacco, Firearms and Explosives.
The charges are in violation of Title 18 U.S.C. Sections 922(g)(1), 924(a)(2) and 924(e)l. (Up to 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Chris Wilson
TRUMAN LEON BURGESS, age 68, of Tahlequah, OK.
Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
The indictment alleges that from September 9, 2008, to October 6, 2008, Burgess distributed more than 50 grams of methamphetamine. A search was executed on November 13, 2008, at Burgess’ residence and commercial storage unit, where agents located methamphetamine, scales, bags and cutting agents. The charges arose from investigation by the Alcohol, Tobacco, Firearms and Explosives.
The charges are in violation of Title 21 U.S.C. Sections 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C). (5 to 40 years imprisonment and $2,000,000.00 in fines.)
Assistant United States Attorney Chris Wilson
TRUMAN LEON BURGESS, age 68, of Tahlequah, OK.
Felon in Possession of Firearm.
The indictment alleges that on October 15, 2008, an undercover agent with the ATF purchased 2 shotguns from Burgess, a convicted felon, at a Cherokee County residence. The charges arose from investigation by the Alcohol, Tobacco, Firearms and Explosives.
The charges are in violation of Title 18 U.S.C. Sections 922(g)(1), 924(a)(2), 924(e). (Up to 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Chris Wilson
JACK SONNY JAMES, age 48, of Peggs, OK.
Felon in Possession of Firearm
The indictment alleges that on October 15, 2008, an undercover agent with ATF purchased 2 shotguns at the residence of James, a convicted felon. On November 13, 2008, agents executed a search warrant at James’ residence, where they also discovered a Winchester Model 77 .22 caliber rifle and Jennings Model J22 .22 caliber pistol. The charges arose from an investigation by the Alcohol, Tobacco, Firearms and Explosives.
The charges are in violation of Title 18 U.S.C. Sections 922(g)(1), 924(a)(2), 924(e). (Up to 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Chris Wilson
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FOR RELEASE: November 19, 2008
SUBJECT: LEDFORD, Kris
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that KRIS LEDFORD, age 30, of Broken Arrow, Oklahoma, pled guilty to one felony count of Possession of Stolen Firearms and one misdemeanor count of Stolen Valor.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Muskogee Police Department, and the Defense Criminal Investigative Service,” stated U.S. Attorney Sheldon J. Sperling. “LEDFORD stole the firearms from the Muskogee Police Department property room while employed as a detective with the department.”
“The Information, filed on November 12, 2008, charged that on or about June 4, 2007 to on or about May 29, 2008, LEDFORD knowingly possessed, concealed, stored, bartered, sold and disposed of nine (9) stolen firearms.”
“Count Two alleged that on or about July 23, 2008, LEDFORD falsely represented himself, verbally and in writing, to have been awarded the Purple Heart and the Bronze Star,” U.S. Attorney Sperling said.
“The Honorable Kimberly E. West, Magistrate Judge, in the United States District Court in Muskogee, Oklahoma, accepted the defendant’s guilty plea and ordered the completion of a presentence and investigation report, noted U.S. Attorney Sperling. “LEDFORD was released on bond, pending sentencing.”
“Count One is in violation of Title 18, U.S.C. Section 922(j), (up to 10 years imprisonment and $250,000.00 in fines), and Count Two is in violation of Title 18, U.S.C. Section 704 (up to one year imprisonment and $100,000.00 in fines). Preliminary sentencing guidelines project a sentencing range of 46 to 57 months in prison.”
U. S. Attorney Sperling further elaborated on the nature of this prosecution by explaining:
“Kris Ledford was a 5 year veteran of the Muskogee Police Department. Police officers are given the public trust by the citizen of their community. Police officers are given this trust and asked to protect the citizens from individuals that commit crimes.”
“Kris Ledford betrayed that trust and brought dishonor to the Muskogee Police Department by committing crimes against the same citizens and police department that hired him and gave him this trust. His actions brought dishonor to the past and present hardworking and honest members of the Muskogee Police Department.”
“When the criminal activities of Ledford were uncovered, Ledford attempted to invoke sympathy by falsely claiming that he was a decorated U. S. Army veteran. Specifically, Ledford falsely claimed that he was an Army sniper with multiple “kills” that traumatized him and therefore explained his criminal behavior. In order to support his inflated Army service, Ledford falsely claimed that he received the Purple Heart and Bronze Star.”
“Last week the country celebrated the 90th anniversary of Veteran’s Day. This national holiday is a time to honor the service and sacrifice of our military veterans that have given so much to preserve freedom. We are mindful of the amazing heroism of our troops. They have successfully weathered withering criticism and overwhelming odds to tenuous victory in Iraq and in other conflicts. The accomplishments of the truly brave should not be disparaged by those who would steal fame, absent personal sacrifice and personal loss.”
“Ledford’s false claim that he was awarded the Purple Heart and Bronze Star carries punishment up to a year in prison. The Stolen Valor Act of 2005, that was signed into law by President George W. Bush on December 20, 2006, provided increased punishment previously reserved for Medal of Honor recipients.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: November 20, 2008
SUBJECT: HOGAN, Robert Charles
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that ROBERT CHARLES HOGAN, age 62, of McCloud, Oklahoma, was sentenced to 15 years of imprisonment to be followed by 5 years of supervised release for the charge of Use of Interstate Facility to Attempt to Persuade, Induce, Entice or Coerce a Minor to Engage in Sexual Activity, in violation of Title 18, U.S.C., Section 2422(b).
“Charges arose from an investigation by the Federal Bureau of Investigation, Sequoyah County Sheriff’s Department and the Vian Police Department,” stated U.S. Attorney Sheldon J. Sperling. “In March 2008, HOGAN used a cell phone to attempt to entice a minor child under the age of twelve to take a nude photograph of herself and send it to him by cell phone.”
“Investigators determined that the defendant engaged in sexually explicit conversations with an 11 year old girl,” U.S. Attorney Sperling noted. “The defendant had befriended the child after her adopted father had passed away. The defendant gave her gifts, including a cell phone. In addition to asking the victim to take photographs, the defendant also attempted to entice the child to meet him.”
“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. HOGAN will remain 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: November 25, 2008
SUBJECT: FRANCIS, Hannah Elizabeth
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today HANNAH ELIZABETH FRANCIS, age 60, of Tulsa, Oklahoma, was sentenced to 2 years probation for Embezzlement and Theft from an Indian Tribal Organization. The defendant was also ordered to pay $7,252.00 in restitution.
“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. “FRANCIS was indicted on June 18, 2008.”
“FRANCIS converted to her own use approximately $7,252.00 from the Muskogee Creek Nation Tax Commission. FRANCIS worked as a counter clerk receiving payments from customers for car tag sales at the time of the offenses. The offenses took place from on or about July 2003 through March 7, 2007. The charges are in violation of Title 18, U.S.C., Section 1163.”
“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.”
“Assistant United States Attorney Linda A. Epperley represented the United States.”
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FOR RELEASE: November 25, 2008
SUBJECT: HARDING, Freda
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today FREDA HARDING, age 54, of Tullahassee, Oklahoma, was sentenced to 2 years probation for theft from the Social Security Administration. The defendant was also ordered to pay $25,844.40 in restitution to the Social Security Administration, and $500 Special Assessment fees.
“Charges arose from an investigation by the Social Security Administration,” stated U.S. Attorney Sheldon J. Sperling. “The defendant was indicted on June 18, 2008.”
“HARDING received and negotiated monthly checks from the Social Security Administration that were for the benefit of her grandmother, Lucinda Johnson. On or about April 25, 2003, Lucinda Johnson passed away. The defendant did not notify the Social Security Administration of the death of her grandmother. From May 2003 through May 2007, HARDING received and negotiated approximately 98 monthly checks totalling $25,844.40.”
“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.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: November 26, 2008
SUBJECT: BENTLEY, Dustin Kyle
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today DUSTIN KYLE BENTLEY, age 24, of Bryan County, Oklahoma, was sentenced to 24 months imprisonment and 5 years supervised release for Failure to Register Pursuant to Sex Offender Registration and Notification Act. The defendant was also ordered to pay a $100 special assessment fee.
“Charges arose from an investigation by the United States Marshal Service,” stated U.S. Attorney Sheldon J. Sperling. “BENTLEY was indicted on April 17, 2008 and pled guilty on July 28, 2008.”
“The defendant was convicted in February 2007 of Fourth Degree Criminal Sexual Conduct in the District Court of Watonwan County, in the State of Minnesota. BENTLEY is required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act. In January 2008 BENTLEY began residing in Bryan County, Oklahoma. The defendant did not register in the State of Oklahoma as required by the Act.”
“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,” noted U.S. Attorney Sperling. “BENTLEY will remain in the custody of the United States Marshal Service.”
“Assistant United States Attorney Shannon L. Henson represented the United States.”
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FOR RELEASE: November 26, 2008
SUBJECT: OSBORNE, Manuelito Ramon
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today MANUELITO RAMON OSBORNE, age 35, of Wagoner, Oklahoma, was sentenced to 132 months in prison for bank robbery. The federal court sentence in Muskogee was rendered by U.S. District Judge Ronald A. White.
“The U.S. Attorney’s Office requested an upward departure from the advisory sentencing guidelines,” U.S. Attorney Sperling noted. “The court granted our motion.”
“Wagoner Police Department Captain Tony Ponds did a wonderful job on the witness stand. The Wal-Mart surveillance cameras video spoke loudly -- pictures being worth a thousand words.”
“The defendant was sentenced to a non-parolable prison term of 132 months, a consecutive three-year term of supervised release, and restitution of $3,521.98.”
“The defendant had been found competent to proceed,” U.S. Attorney Sperling observed. “OSBORNE pled guilty on May 28, 2008.”
“The law requires that a defendant be able to understand the nature and consequences of the proceedings against him,” U.S. Attorney Sperling noted. “The law also requires that a defendant be able to assist properly in his defense.”
“The defense had moved the Court for a determination of competency. The Court had ordered a competency hearing. The Court placed the defendant in the custody of the Attorney General. Deputy U.S. Marshals transported the defendant to the Springfield Medical Center for Federal Prisoners.”
“The mental health evaluation was completed. A sealed report, based upon a comprehensive evaluation from mid-March to mid-April, was filed. The Court considered the examination, the report, and the stipulation or agreement of the counseled defendant. The Court found the defendant mentally competent to fully comprehend the proceedings, to communicate with his lawyer, and to assist in his defense.”
“At the plea hearing, the defendant had waived his right to proceed before an Article III judge. The Magistrate Judge carefully made inquiry to ensure that defendant’s meds did not affect his ability to think and comprehend. Defendant’s prior mental exams involved diagnosis which do not bring into question defendant’s present competence. He was found mentally competent to proceed.”
“The U.S. Attorney announced a preliminary guideline sentence estimate of 100-125 months. Federal sentencing guidelines are advisory. That is, the sentencing court must consider, but need not follow, the guidelines.”
“The defendant waived his constitutional rights. There is no plea agreement.”
“The defendant pled guilty. He admitted that he robbed Arvest Bank in Wagoner.”
“The Court found the defendant mentally competent to appreciate what he did – essentially, that he was legally sane. The Court then found the defendant guilty.”
“The robbery occurred at about 3:35 PM on January 16, 2008,” reported U.S. Attorney Sperling. “The indictment alleged that on the 16th of January, 2008, OSBORNE robbed Arvest Bank in Wagoner. The indictment further alleged that the robbery was committed by force, violence, intimidation, and by means of a .177 caliber CO-2 pellet pistol, model number 1088, patterned after a Sig Sauer P-220 silver semi-automatic pistol with black grips.”
“The defendant’s robbery netted approximately $1,600 in cash.”
“The federal jurisdictional hook was that the Arvest Bank accounts are insured by the Federal Deposit Insurance Corporation,” U.S. Attorney Sperling continued.
“I am very grateful for the quick response by Wagoner Police Officers,” U.S. Attorney Sperling said. “WPD officers immediately brought county, state, and federal officers to town. The investigation was coordinated among the Wagoner Police Department, the Wagoner County Sheriff’s Office, the Oklahoma Highway Patrol, the District 27 DA’s Office, the Federal Bureau of Investigation, and the U.S. Marshal Service.”
“Law enforcement officers timely, bravely, and effectively participated in this cooperative venture to protect the Wagoner area public. As a matter of routine and safety, we don’t often publicly name individual officers. The agencies include the Wagoner Police Department, Wagoner County Sheriff ‘s Office, the Oklahoma Highway Patrol, the District Attorney’s Office, the FBI, and the U.S. Marshal Service.”
“This case involved an extremely dangerous high speed getaway from which the defendant, fortunately, didn’t get away. Officers chased the fleeing fugitive from a crowded public area, shot out his rear tires, and NASCARed him off Highway 69 and away from the oncoming traffic lane. This case involved truly remarkable law enforcement work.”
“Thanks, guys, for keeping us safe. We are often too quick to criticize and second-guess split-second decisions. Not today. Great work!” U.S. Attorney Sperling concluded.
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