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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

Betsy C. Jividen
Acting UNITED STATES ATTORNEY


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

 

April 2, 2010
FOR IMMEDIATE RELEASE

Twenty-Three Defendants Sentenced on Federal Charges

MARTINSBURG, WEST VIRGINIA — Twenty-three defendants were sentenced on March 29, 30, and 31, 2010, in United States District Court in Martinsburg by Chief Judge John Preston Bailey.

Acting United States Attorney Betsy C. Jividen announced that:

ROBERT AGNEW, age 44, of Three Churches, West Virginia, was sentenced to three years probation. AGNEW entered a plea of guilty on December 21, 2009, to possession of a shotgun which was not registered to him in the National Firearms Registration and Transfer Record, on May 25, 2009, in Mineral County, West Virginia. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Keyser, West Virginia, Police Department; and, the Romney, West Virginia, Police Department.

MARY KATHERINE DAVIS, age 27, of Martinsburg, was sentenced to two years probation. DAVIS entered a plea of guilty on January 19, 2010, to one count of an Indictment charging her with giving a false statement to federal officers on August 11, 2009, when they were investigating her co-defendant’s unlawful possession of firearms. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.

JOHANN BARRIENTOS DELACRUZ, age 22, of Ranson, West Virginia, was sentenced to five years probation. DELACRUZ entered a plea of guilty on November 12, 2009, to one count of an Indictment charging him with the distribution of cocaine on February 18, 2009. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Charles Town Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives.

WAYNE CARTER DERFLINGER, age 41, of Martinsburg, was sentenced to 108 months imprisonment to be followed by four years supervised release. DERFLINGER entered guilty pleas on January 14, 2010, to two separate Indictments. DERFLINGER entered a plea of guilty to one count of an Indictment charging him with possession with intent to distribute “crack” cocaine on May 15, 2009, in Inwood; and a plea of guilty to one count of an Indictment charging him with maintaining a drug-involved premise from October 2006 through January 2007 in Martinsburg. DERFLINGER was remanded to the custody of the United States Marshal. The cases were prosecuted by Assistant United States Attorneys Paul T. Camilletti and Erin K. Reisenweber. The cases were investigated by the Charles Town Police Department and the Eastern Panhandle Drug & Violent Crimes Task Force with assistance from the Martinsburg Police Department. The Task Force consists of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.

ERIC B. DIANA, age 34, of Lehigh Acres, Florida, was sentenced to 12 months imprisonment to be followed by two years supervised release. DIANA entered a plea of guilty on July 13, 2009, to one count of conspiracy to commit an offense against the United States. Specifically, DIANA traveled to Hampshire County in late May or early June 2008 to take wood turtles, a protected species, for a commercial purpose and without a license. DIANA is in federal custody. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the West Virginia Department of Natural Resources and the United States Bureau of Fish and Wildlife.

JEREMY ALAN FIELDS, age 24, of Emmitsburg, Maryland, was sentenced to 48 months imprisonment to be followed by three years supervised release. FIELDS entered a plea of guilty on January 11, 2010, to one count of an Indictment charging him with forging a doctor’s name on a prescription pad for oxycodone and presented it to be filled on June 2, 2009, in Martinsburg. FIELDS is in federal custody. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Eastern Panhandle Drug & Violent Crimes Task Force with assistance from uniformed members of the West Virginia State Police.

CARL MATTHEW GAMBER, age 54, of Charles Town, West Virginia, was sentenced to 97 months imprisonment to be followed by 10 years supervised release. GAMBER entered a plea of guilty on October 21, 2009, to one count of an Indictment charging him with possession of child pornography. Forensic analysis of GAMBER’s computer hard drives and related storage media revealed 676 images of child pornography. GAMBER is currently free on bond and will self-report to a designated federal institution. This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by Immigration and Customs Enforcement and the West Virginia State Police.

OMAR ESQUIVEL GARCIA, age 21, a Mexican citizen, was sentenced to “time served,” having been in custody since November 8, 2009. GARCIA entered a plea of guilty to a one-count Indictment on January 26, 2010, charging him with illegal re-entry to the United States by an alien previously removed from the country. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the United States Department of Homeland Security – Immigration and Customs Enforcement.

WILLIAM KINSER, age 56, of Old Town, Maryland, was sentenced to three years probation. KINSER entered a plea of guilty on January 14, 2010, to one count of an Indictment charging him with unlawfully possessing a firearm on December 10, 2008, after having previously been convicted of a felony. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Ridgeley Police Department.

DON MCALLISTER, age 58, of Hedgesville, West Virginia, was sentenced to 87 months imprisonment to be followed by five years supervised release. MCALLISTER entered a plea of guilty on December 3, 2009, to an Information charging him with possession with intent to distribute “crack” cocaine on May 25, 2009, in Berkeley County, West Virginia. MCALLISTER was remanded to the custody of the United States Marshal. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Eastern Panhandle Drug & Violent Crimes Task Force and the Martinsburg Police Department.

RAY ALAN MEDLIN, age 37, of Manassas, Virginia, was sentenced to 18 months imprisonment to be followed by three years supervised release. MEDLIN entered a plea of guilty on January 12, 2010, to one count of an Indictment charging him with aiding and abetting the manufacture of marijuana in August 2009 in Inwood, West Virginia. MEDLIN was remanded to the custody of the United States Marshal. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Drug Enforcement Administration and the Eastern Panhandle Drug & Violent Crimes Task Force.

JOSE MANUEL GARCIA ORTIZ, age 33, of Inwood, West Virginia, was sentenced to 30 months imprisonment to be followed by three years supervised release. ORTIZ entered pleas of guilty on May 5, 2009, to two counts of an Indictment charging him with possession with intent to distribute cocaine hydrochloride and being a felon in possession of a firearm on January 8, 2009. ORTIZ is currently free on bond and will self-report to a designated federal institution. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Eastern Panhandle Drug & Violent Crimes Task Force.

JAMES PLAISIR, also known as “Q,” age 31, of Falling Waters, West Virginia, was sentenced to 151 months imprisonment to be followed by three years supervised release. PLAISIR entered a plea of guilty on January 12, 2010, to one count of an Indictment charging him with the distribution of “crack” cocaine on February 9, 2007. PLAISIR is in federal custody. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Eastern Panhandle Drug & Violent Crimes Task Force.

RICKY DONNELL POTEAT, age 49, of Martinsburg, was sentenced to 70 months imprisonment to be followed by five years supervised release. POTEAT entered a plea of guilty on October 13, 2009, to one count of an Indictment charging him with possession with intent to distribute cocaine base on April 28, 2009, in Jefferson County. POTEAT is in federal custody. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Department of Veterans Affairs – Office of Inspector General, in conjunction with the Veterans Affairs Police Department; and a separate investigation undertaken by the Eastern Panhandle Drug & Violent Crimes Task Force, with assistance from uniformed officers of the West Virginia State Police.

JERRY SCAGLIONE, also known as “PAPI,” age 20, of Charles Town, West Virginia, was sentenced to 110 months imprisonment to be followed by four years supervised release. SCAGLIONE entered a plea of guilty on October 30, 2009, to one count of an Indictment charging him with the distribution of cocaine base on March 10, 2009, in Charles Town. SCAGLIONE was remanded to the custody of the United States Marshal.

MARQUITA MCDANIEL, age 25, of Martinsburg, was sentenced to 63 months imprisonment to be followed by four years supervised release. MCDANIEL entered a plea of guilty on November 4, 2009, to one count of an Indictment charging MCDANIEL with the distribution of cocaine base on March 10, 2009, in Charles Town. MCDANIEL was remanded to the custody of the United States Marshal.

KEENAN TODD SHARPE, age 23, of Charles Town, was sentenced to 60 months imprisonment to be followed by three years supervised release. SHARPE entered a plea of guilty ON November 5, 2009, to one count of an Indictment charging him with the distribution of cocaine on May 14, 2008, in Charles Town. SHARPE is in federal custody.

The cases were prosecuted by Assistant United States Attorney Paul T. Camilletti. The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Charles Town Police Department.

HERMAN D. SISK, age 63, of Martinsburg, was sentenced to one year probation and ordered to pay $20,000.00 in restitution to the Department of Veterans Affairs, which has been paid in full. SISK entered a plea of guilty to a one-count Indictment on December 14, 2009, to embezzling and converting to his own use Veterans Administration disability benefits in the amount of $20,000.00. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the United States Department of Veterans Affairs – Office of Inspector General.

CLIFTON CURTIS SLAUGHTER III, age 21, of Martinsburg, was sentenced to 87 months imprisonment to be followed by four years supervised release. SLAUGHTER entered a plea of guilty on January 13, 2010, to one count of an Indictment charging him with possession with intent to distribute “crack” cocaine on November 10, 2006. SLAUGHTER is in federal custody. The case was prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Martinsburg Police Department and the Eastern Panhandle Drug & Violent Crimes Task Force.

TERRELL ADOLFUS THORNE, age 27, of Kearneysville, West Virginia, was sentenced to 120 months imprisonment to be followed by six years supervised release. THORNE entered guilty pleas on January 14, 2010, to two counts of an Indictment charging him with aiding and abetting the distribution of cocaine base within 1,000 feet of an elementary school on August 25, 2009; and assaulting an officer on September 9, 2009. THORNE is in federal custody.

TEKIA DANIELLE MCDOWELL, age 22, also of Kearneysville, was sentenced to 12 months and one day imprisonment to be followed by six years supervised release. MCDOWELL entered a plea of guilty on January 19, 2010, to one count of an Indictment charging her with aiding and abetting Thorne in the distribution of cocaine base within 1,000 feet of an elementary school on August 25, 2009. MCDOWELL is currently free on bond and will self report to a designated federal institution.

RASEAN POLLARD, of Charles Town, was sentenced to 12 months imprisonment and six years supervised release. POLLARD entered a plea of guilty on October 22, 2009, to one count of an Indictment charging POLLARD with the distribution of cocaine hydrochloride on March 4, 2009. POLLARD is currently free on bond and will self-report to a designated federal institution.

The cases were prosecuted by Assistant United States Attorney Paul T. Camilletti. The cases were investigated by the Charles Town Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Jefferson County Sheriff’s Department, the Berkeley County Sheriff’s Department, the West Virginia State Police, and the Maryland State Police.

JASON THOMAS YAIDER, age 34, of Ridgeley, West Virginia, was sentenced to three months imprisonment to be followed by three years supervised release. YAIDER entered a plea of guilty on November 10, 2009, to one count of an Indictment charging him with unlawfully possessing a firearm on February 21, 2009, after having been previously convicted on November 27, 2006, of a misdemeanor crime of domestic violence. The case was prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Ridgeley Police Department.

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