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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: Chris Zumpetta-Parr, Public Affairs Specialist

May 3, 2012
FOR IMMEDIATE RELEASE

Three Sentenced for Lying, Hiding Hotsinpiller Shooter

 

WHEELING, WEST VIRGINIA — Three people who helped to conceal the location of the man who killed Deputy United States Marshal Derek Hotsinpiller were sentenced today. Judge Joseph R. Goodwin, sitting by special assignment from the Southern District of West Virginia, imposed prison terms on the widow of Charles Smith as well as another individual and community confinement on Smith’s daughter for lying to federal agents about Charles Smith’s location. Charles Smith engaged in a shootout with officers in February of 2011, killing DUSM Hotsinpiller and injuring two other Deputy United States Marshals. Charles Smith was also killed during the incident.

United States Attorney William J. Ihlenfeld, II, announced that SHERRY LOU SMITH (now known as Sherry White), age 49, of Elkins, was sentenced to five years imprisonment to be followed by three years supervised release; ANTHONY LAMBERT, age 24, of Montrose, West Virginia, was sentenced to five months imprisonment to be followed by five months supervised release to be served in community confinement; and CASSANDRA SMITH, age 26, also of Elkins, was sentenced to six months probation to be served in community confinement and ordered to perform 100 hours of community service, after earlier pleading guilty to making false and fraudulent statements to law enforcement authorities.

During the Sentencing Hearings today, Victim Impact Statements were delivered by Supervisory Deputy U. S. Marshal Alex Neville and Dustin Hotsinpiller.

USA Ihlenfeld stated, “I commend the efforts of the United States Marshal’s Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and those local law enforcement agencies who assisted in the investigation of this case. Each of these agencies worked tirelessly to ensure that justice was done. The take away from this case is that all citizens approached by law enforcement officers for information should be completely forthright and truthful.”

“Our thoughts and prayers today are with the family and loved ones of fallen Deputy United States Marshal Derek Hotsinpiller, with his fellow Deputy United States Marshals, and with all of his comrades in the law enforcement community,” said United States Marshal Gary Gaskins. “Today’s hearings mark an end to the defendants’ court proceedings in Elkins, and hopefully they will provide closure for those affected by the tragedy of February 16, 2011. We remember and honor them.”

RAC Dewayne P. Haddix, ATF, stated, “Those of us as at ATF commend the bravery of the United States Marshal’s Service and West Virginia State Police. Today is another step in the process of healing. Deputy U. S. Marshal Derek Hotsinpiller represented all that is good in humans and law enforcement. Hopefully, we can all continue to honor him in the appropriate manner.”

“The loss of DUSM Derek Hotsinpiller will be forever remembered by the law enforcement community,” said SSRA John D. Hambrick, FBI. “It is difficult to reconcile Derek's sacrifice and our loss through the sentencing of these defendents, but it is a good and necessary step in protecting our community and will enable us to move forward. The men and women of law enforcement will continue to go into harms way and do so in honor of those who have made the ultimate sacrifice like DUSM Hotsinpiller.”

The three defendants were released on bond, and SHERRY SMITH and ANTHONY LAMBERT must self-report to prison on June 18, 2012.

The case was prosecuted by Assistant United States Attorney Shawn Angus Morgan. The case was investigated by the United States Marshal Service; the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Federal Bureau of Investigation; the West Virginia State Police; the United States Postal Inspection Service; the Elkins Police Department; and the Randolph County Sheriff’s Department.

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