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Press Release

Davis Man Serving Sentence For Bank Fraud Arraigned For Threatening Retaliation Against Witness

For Immediate Release
U.S. Attorney's Office, Eastern District of Oklahoma

“The following named individual has been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.”


MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROY LYNN WESBERRY, age 57, of Davis, Oklahoma was arraigned in federal court today on charges of Threatening to Retaliate Against a Witness, in violation of Title 18, United States Code, Section 1513(b)(1).

The Criminal Complaint alleges that from on or about August 12, 2015, and continuing until August 25, 2015, in the Eastern District of Oklahoma and elsewhere, the defendant did willfully and knowingly threaten to engage in conduct to cause bodily injury to another person with intent to retaliate against any person for the attendance of a witness at an official proceeding or any testimony given in an official proceeding.

The defendant was indicted in February 2014 and charged with Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Section 1349 and 4 counts of Bank Fraud, in violation of Title 18, United States Code, Sections 1344 and 2.  A jury found WESBERRY guilty of the charges in October 2014.  He was sentenced to 87 months in prison on August 12, 2015.

The charges arose from an investigation by the Federal Bureau of Investigation.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings.  The defendant was remanded into the custody of the United States Marshal Service.

The statutory range of punishment is up to 30 years imprisonment, up to $250,000.00 in fines or both.

Assistant United States Attorney Melody Nelson represented the United States.   

Updated February 4, 2016