James T. Jacks
Acting United States Attorney
Northern District of Texas

FEDERAL GRAND JURY IN AMARILLO RETURNS INDICTMENTS

AMARILLO, Texas — A federal grand jury meeting in Amarillo today, returned several indictments, announced acting U.S. Attorney James T. Jacks of the Northern District of Texas. It is anticipated that all of the below-named defendants will make their initial appearances on Thursday, April 30, 2009, at 9:30 a.m. before U.S. Magistrate Judge Clinton E. Averitte in Amarillo.

U.S. v. Jeremy Smith

Jeremy Smith, 29, who is presently in the custody of the Texas Department of Criminal Justice, is charged in a one-count indictment with mailing threats to damage or destroy property. If convicted, he faces a maximum statutory sentence of 10 years in prison and a $250,000 fine.

According to the indictment, in March 2009, Smith mailed a threat concerning an attempt or alleged attempt being made or to be made to the U.S. Department of Justice and FBI to kill, injure, and intimidate an individual and individuals and to unlawfully damage and destroy federal buildings. The communication also contained threats to kill Americans, set fire and bomb federal buildings, to kill U.S. Mail carriers, to kill federal agents and the president of the United States, to commit a suicide bombing, and to commit other violent acts.

The case is being investigated by the U.S. Secret Service and U.S. Postal Inspection Service.

U.S. v. Judy Darlene Welch

Judy Darlene Welch, of Dimmit, Texas, is charged in an indictment with three counts of making and subscribing a false tax return, and if convicted on all counts, faces a maximum statutory sentence of nine years in prison and a $750,000 fine. .

The indictment alleges that Welch stated on her 2005, 2004, and 2003 income tax returns that her and her spouse’s Line 21 “other” income was zero. However, as she well knew, her and her spouse’s Line 21 “other” income was approximately $248,488 for 2005; approximately $219,054 for 2004; and approximately $155,334 for 2003.

The case is being investigated by Internal Revenue Service - Criminal Investigation.

U.S. v. James Terry Shelnutt

James Terry Shelnutt, 53, of Amarillo, is charged with one count of being a felon in possession of firearms. Shelnutt is presently in state custody on unrelated charges.

The indictment alleges that on February 5, 2009, Shelnutt, a convicted felon, had three semi-automatic pistols and two revolvers in his possession.

If convicted of this offense, Shelnutt faces a maximum statutory sentence of 10 years in prison and a $250,000 fine.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Amarillo Police Department.

U.S. v. Shri Dhyan Delgado and Adam Montoya

Shri Dhyan Delgado, 30, and Adam Montoya, 36, both of Albuquerque, New Mexico, are each charged in a 21-count indictment with one count of conspiracy to manufacture and traffic in counterfeit obligations and counterfeit access devices, 18 counts of possession of counterfeit obligations of an organization, one count of fraud in connection with access devices, and one count of possession of document-making implements.

According to the indictment, in February 2009, the defendants conspired together to possess and traffic in counterfeit commercial obligations, counterfeit access devices and counterfeit identification documents. As part of their conspiracy, they would defraud commercial businesses, merchants, and individuals by obtaining counterfeit business checks and matching counterfeit identification documents with the intent to negotiate the counterfeit checks at various businesses. They manufactured counterfeit New Mexico drivers licenses to match the names and identifiers on the counterfeit obligations and altered credit card numbers on credit cards and made transactions and attempted to make transactions using those cards.

If convicted, the conspiracy count carries a maximum statutory sentence of five years in prison and a $250,000 fine. Each of the possession of counterfeit obligations of an organization and fraud in connection with access devices counts carries a maximum statutory sentence of 10 years in prison and a $250,000 fine, upon conviction. The possession of document-making implements count, upon conviction, carries a maximum statutory sentence of 15 years in prison and a $250,000 fine. If convicted on all counts in the indictment, each defendant faces a maximum statutory sentence of 210 years in prison and a $5.25 million fine.

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty.

This case is being investigated by U.S. Secret Service and the Amarillo Police Department.

All of the above-named cases are being prosecuted by Assistant U.S. Attorney Christy L. Drake of the Amarillo, Texas, U.S. Attorney’s Office.

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