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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

William J. Ihlenfeld, II
UNITED STATES ATTORNEY


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

 

September 24, 2010
FOR IMMEDIATE RELEASE

 

Four Defendants Named in Federal Indictments

 

MARTINSBURG, WEST VIRGINIA — Four defendants were named in Indictments returned on September 22, 2010, by a Federal Grand Jury sitting in Martinsburg, West Virginia.

United States Attorney William J. Ihlenfeld, II, announced that:

GILBERTO ALVAREZ-CERVANTES, age 25, was named in a three-count Indictment. Count One of the Indictment alleges that on July 29, 2010, in Jefferson County, ALVAREZ-CERVANTES, an alien then illegally and unlawfully present in the United States, knowingly possessed a Savage 12 gauge shotgun having a barrel length of less than 18 inches with no known serial number, which was shipped in interstate commerce. Count Two of the Indictment alleges that ALVAREZ-CERVANTES received and possessed a Savage 12 gauge shotgun having a barrel length of less than 18 inches with no known serial number made in violation of the National Firearms Act. Count Three of the Indictment alleges that ALVAREZ-CERVANTES received and possessed a Savage 12 gauge shotgun having a barrel length of less than 18 inches with no known serial number which was not registered to him in the National Firearms Registration and Transfer Record. If convicted, ALVAREZ-CERVANTES faces a maximum penalty of 10 years imprisonment and a fine of $250,000 on Count One of the Indictment; and a maximum penalty of 10 years imprisonment and a fine of $10,000 each on Counts Two and Three of the Indictment. The case will be prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Department of Homeland Security – Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms & Explosives.

JOHNNY TOUSSAINT, also known as “LITTLE KEVIN,” age 28, of Martinsburg, was named in a four-count Indictment. The Indictment alleges that TOUSSAINT distributed cocaine base, also known as “crack,” on February 26, 2009; on March 4, 2009; on March 5, 2009; and on March 17, 2009, in Berkeley County, West Virginia. If convicted, TOUSSAINT faces a maximum penalty of 20 years imprisonment and a fine of $1,000,000 on each count of the Indictment. The case will be prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.

AURELIO CRUZ ROSARIO, age 53, an alien, was named in a one-count Indictment. The Indictment alleges that ROSARIO, who was previously removed from the United States, knowingly and unlawfully entered and was found in the United States in Berkeley County on July 20, 2010, without obtaining the express consent of the Attorney General or the Secretary of Homeland Security to reapply for admission to the United States. If convicted, ROSARIO faces a maximum penalty of two years imprisonment and a fine of $250,000. The case will be prosecuted by Assistant United States Attorney Erin K. Reisenweber. The case was investigated by the Department of Homeland Security – Immigration and Customs Enforcement.

MANUEL DE JESUS SIBRIAN PASCUAL, age 28, was named in a one-count Indictment. The Indictment alleges that PASCUAL knowingly possessed a Permanent Resident Card and a Social Security Card in the name of Manuel Sibrian on August 25, 2010, in Jefferson County, which the defendant knew to be forged, counterfeited, altered, and falsely made. The Indictment further alleges that PASCUAL paid $120.00 to purchase both cards and used them as identification to get work. The case will be prosecuted by Assistant United States Attorney Paul T. Camilletti. The case was investigated by the Department of Homeland Security – Immigration and Customs Enforcement.

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

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