Seven Individuals Indicted In March 2019 Federal Grand Jury

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the March 2019 Federal Grand Jury.

The following named individuals have 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.

TOMMY BLAKE MCCARY, age 67, of Idabel, Oklahoma

Felon In Possession Of Firearm & Ammunition
Tampering With A Witness

The Superseding Indictment alleges that on or about November 30, 2018, within the Eastern District of Oklahoma, the defendant, TOMMY BLAKE MCCARY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Superseding Indictment further alleges that between January 7, 2019 and February 9, 2019, within the Eastern District of Oklahoma, the defendant, TOMMY BLAKE MCCARY, did knowingly attempt to corruptly persuade D.B. to avoid legal process by sending a communication as follows: “tell Ole Girl to make herself unavailable to be subpeoned to Trial.  It is set for March 5 2019 I want this done immediately”, with the intent to cause and induce D.B. to evade legal process summoning D.B. to appear as a witness in a jury trial, in violation of Title 18, United States Code, Sections 1512(b)(2)(C), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both. 

The charges arose from an investigation by the McCurtain County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Dean Burris

STERLING ROSS IV, age 25, of Okmulgee, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about February 3, 2019, within the Eastern District of Oklahoma, the defendant, STERLING ROSS IV, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit, One (1) Glock GMBH, Model 30, .45 ACP caliber semi-automatic pistol, serial number TWL748, which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation. 

Assistant United States Attorney Dean Burris

KENNETH EDWARD PARNELL, age 45, of Haskell County, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that from in or about November, 2018, until on or about December 26, 2018, within the Eastern District of Oklahoma, the defendant, KENNETH EDWARD PARNELL, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit, One (1) Savage Arms (Canada) Inc., Model 64, .22 caliber semi-automatic rifle, serial number 1661593, which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Haskell County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Dean Burris

RAFAEL TORRES, age 35, of Oklahoma City, Oklahoma

Kidnapping
Interference With Commerce By Robbery
Carjacking
Use, Carry, And Brandish A Firearm During And In Relation To A Crime Of Violence
Felon In Possession Of Firearm & Ammunition

The Indictment alleges that on or about February 3, 2019, within the Eastern District of Oklahoma, the defendant, RAFAEL TORRES, did unlawfully and willfully seize, confine, inveigle, kidnap, abduct and carry away J.S., and hold for the purpose of acquiring transportation, in committing or in furtherance of the commission of the offense, did willfully transport J.S. in interstate commerce from Oklahoma to Arkansas, in violation of Title 18, United States Code, Section 1201(a)(1), punishable by imprisonment for any term of years up to Life, a fine up to $250,000.00, or both.

The Indictment further alleges that on or about February 3, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, RAFAEL TORRES, did unlawfully obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce as that term is defined in Title 18, United States Code, Section 1951, and the movement of articles and commodities in such commerce, by robbery as that term is defined in Title 18, United States Code, Section 1951, in that the defendant RAFAEL TORRES did unlawfully take and obtain personal property consisting of taking control of a motor vehicle owned by Morgan’s Towing and Recovery and operated by J.S. from J.S., against his will by means of actual and threatened force, violence, and fear of injury, immediate and future, to his person and property in his custody and possession, in violation of Title 18, United States Code, Section 1951, punishable by not more than 20 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about February 3, 2019, within the Eastern District of Oklahoma, the defendant, RAFAEL TORRES, took a motor vehicle, to-wit:  a 2018 KW Construction Wrecker that had been transported, shipped, and received in interstate commerce from J.S. by force, violence, and intimidation, with the intent to cause death and serious bodily harm, in violation of Title 18, United States Code, Section 2119(1), punishable by not more than 15 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about February 3, 2019, in the Eastern District of Oklahoma, the defendant, RAFAEL TORRES, did knowingly brandish, carry and use a firearm, to wit, one (1) .45 caliber Smith and Wesson semi-automatic pistol, serial number TFC7829, during and in relation to a crime of violence for which he may be prosecuted in a court of the United States, that is, Interference with Commerce by Robbery, as alleged in Count Two and Carjacking, as alleged in Count Three, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii), punishable by not less than 7 years consecutive to any other sentence imposed, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about February 3, 2019, within the Eastern District of Oklahoma, the defendant, RAFAEL TORRES, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to wit, one (1) .45 caliber Smith and Wesson semi-automatic pistol, serial number TFC7829, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both. 

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

Assistant United States Attorney Sarah McAmis

DARRELL DEWAYNE ROBERTS Jr., age 31, of Alma, Arkansas

Possession With Intent To Distribute Methamphetamine

The Superseding Indictment alleges that on or about December 31, 2018, within the Eastern District of Oklahoma, defendant, DARRELL DEWAYNE ROBERTS Jr., did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both.

The charges arose from an investigation by the Roland Police Department and the Drug Enforcement Administration.

Assistant United States Attorney Edward Snow

MARQUISE LEDON FONVILLE, age 33, of Eufaula, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about February 8, 2019, within the Eastern District of Oklahoma, the defendant, MARQUISE LEDON FONVILLE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm to-wit: One (1) Forjas Taurus, S.A., Model PT709 9mm  caliber semi-automatic pistol, serial number TFP94054, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Eufaula Police Department and the Federal Bureau of Investigation.

Assistant United States Attorney Edward Snow

DUANE ALLYN BUNDY, age 40, of McAlester, Oklahoma

Possession With Intent To Distribute Methamphetamine
Possession Of A Firearm In Furtherance Of A Drug Trafficking Crime

The Superseding Indictment alleges that on or about January 30, 2019, in the Eastern District of Oklahoma, the defendant, DUANE ALLYN BUNDY, did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both. 

The Superseding Indictment further alleges that on or about January 30, 2019, in the Eastern District of Oklahoma, the defendant, DUANE ALLYN BUNDY, did knowingly possess a firearm, to wit: one (1) Taurus, Model PT738, .380ACP caliber semi-automatic pistol, serial number 79704B, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years imprisonment to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00 or both.

The Superseding Indictment further alleges that on or about January 30, 2019, in the Eastern District of Oklahoma, the defendant, DUANE ALLYN BUNDY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the McAlester Police Department, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Drug Enforcement Administration.

Special Assistant United States Attorney Courtney Jordan