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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

Sharon L. Potter
UNITED STATES ATTORNEY


1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Fawn E. Thomas, Public Affairs Specialist

 


June 16, 2009
FOR IMMEDIATE RELEASE

Four Individuals Arrested in Wheeling
On “Crack” Cocaine Charges

WHEELING, WEST VIRGINIA — Four individuals were arrested on Friday, June 12, 2009, by law enforcement authorities on charges contained in an Indictment returned by the Federal Grand Jury sitting in Wheeling, West Virginia, on June 2, 2009.

United States Attorney Sharon L. Potter announced that FRANKLIN A. MILLER, also known as “FRANK,” age 43, of Wheeling; ROBERT LEE MILLER, also known as “BOBBY,” age 49, of Wheeling; MICHAEL MASCIARELLI, also known as “MUSH,” age 43; and DANIEL BRADLEY, also known as “D,” age 44, of Wheeling, were arrested on charges contained in a 17-count drug Indictment. Also named in the Indictment was MICHAEL PEARSON, also known as “MIKE,” age 32, of Wheeling, who is in state custody.

PEARSON, FRANKLIN MILLER, ROBERT MILLER, MASCIARELLI, and BRADLEY were all named in Count One of the Indictment alleging that they conspired to distribute more than five grams of cocaine base from February 10, 2009, to April 17, 2009, in Wheeling.

PEARSON was named in seven additional counts of the Indictment. Counts Six and Ten of the Indictment allege that PEARSON unlawfully used a telephone to facilitate the distribution of cocaine base on February 12, 2009, and February 17, 2009, in Wheeling. Counts Seven and Eleven of the Indictment allege that PEARSON distributed cocaine base on February 12, 2009, and on February 17, 2009, in Wheeling. Count Nine of the Indictment alleges that PEARSON aided and abetted the distribution of cocaine base within 1,000 feet of Riverview Towers in Wheeling on February 12, 2009. Counts Twelve and Fourteen of the Indictment allege that PEARSON possessed cocaine base with the intent to distribute on February 18, 2009, and on April 14, 2009, in Wheeling.

FRANKLIN MILLER was named in five additional counts of the Indictment. Counts Four and Eight of the Indictment allege that MILLER unlawfully used a telephone to facilitate the distribution of cocaine base on February 11, 2009, and February 12, 2009, in Wheeling. Counts Five, Nine, and Thirteen of the Indictment allege that MILLER aided and abetted the distribution of cocaine base within 1,000 feet of Riverview Towers in Wheeling on February 11, 2009; on February 12, 2009; and on February 20, 2009.

ROBERT MILLER was named in two additional counts of the Indictment. Count Two of the Indictment alleges that MILLER unlawfully used a telephone to facilitate the distribution of cocaine base on February 10, 2009, in Wheeling. Count Three of the Indictment alleges that MILLER aided and abetted the distribution of cocaine base within 1,000 feet of Riverview Towers in Wheeling on February 11, 2009.

MASCIARELLI was named in four additional counts of the Indictment. Count Five of the Indictment alleges that MASCIARELLI aided and abetted the distribution of cocaine base within 1,000 feet of Riverview Towers in Wheeling on February 11, 2009. Counts Fifteen and Seventeen of the Indictment allege that MASCIARELLI unlawfully used a telephone to facilitate the distribution of cocaine base on April 16, 2009, and April 17, 2009, in Wheeling. Count Sixteen of the Indictment alleges that MASCIARELLI distributed cocaine base on April 16, 2009, in Wheeling.

BRADLEY was named in one additional count of the Indictment. Count Three of the Indictment alleges that BRADLEY distributed cocaine base within 1,000 feet of Riverview Towers in Wheeling on February 11, 2009.

The Indictment also carries a forfeiture allegation wherein the United States seeks to forfeit $2,328 in United States Currency, two digital scales, and a .22 Smith and Wesson revolver, which were seized during a search warrant executed in Wheeling on February 18, 2009; and $1,460 in United States Currency sized during the arrest of PEARSON on April 14, 2009.

PEARSON will have his arraignment on Friday, June 19, 2009, in Wheeling before Magistrate Judge James E. Seibert. FRANKLIN MILLER, ROBERT MILLER, and MASCIARELLI will have their arraignments on Monday, June 22, 2009. BRADLEY, who is currently in federal custody, will have a detention hearing and arraignment on Wednesday, June 17, 2009.

If convicted, the defendants face a maximum penalty of five to 40 years imprisonment and a fine of $2,000,000 on Count One of the Indictment; a maximum penalty of four years imprisonment and a fine of $250,000 each on Counts Two, Four, Six, Eight, Ten, Fifteen, and Seventeen of the Indictment; a maximum penalty of 40 years imprisonment and a fine of $2,000,000 each on Counts Three, Five, Nine, and Thirteen of the Indictment; and a maximum penalty of 20 years imprisonment and a fine of $1,000,000 each on Counts Seven, Eleven, Twelve, Fourteen, and Sixteen of the Indictment.

The case will be prosecuted by Assistant United States Attorney John C. Parr. The case was investigated by the Ohio Valley Drug and Violent Crimes Task Force and the Drug Enforcement Administration. The Task Force consists of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.

It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.

 

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