Federal Grand Jury Criminal Indictments Announced

TULSA, Okla.— United States Attorney Trent Shores announced today the results of the December 2018 Federal Grand Jury.

The Grand Jury returned seven unsealed indictments, including charges against three men in three separate cases who tried to injure or kill deputies or federal agents, said U.S. Attorney Trent Shores.

James Kent Patrick Hill, 57, of Claremore, and Brian Kirk Marshall, 49, of Pattonsburg, Missouri, both are charged, in part, with obstruction of justice by attempting to kill deputies or federal agents.  Additionally, Gary Dewayne Miller, 44, of Vinita, is charged, in part, with tampering with a law enforcement officer by physical force or threat.

“Close collaborative relationships among prosecutors and local, state, and federal law enforcement are key to fighting crime and making communities safer for the people of Oklahoma and throughout our nation. Criminals attempting to injure or kill a member of law enforcement will be prosecuted and brought to justice,” said U.S. Attorney Trent Shores. “The men and women of law enforcement face threats, both expected and unexpected, at a moment’s notice and still choose to wear the uniform.  I am thankful for their service. The U.S. Attorney’s Office in the Northern District of Oklahoma supports their work and will do our part to hold those criminals accountable who harm our vital law enforcement partners.”

The defendants’ charges are listed below followed by the other December indictments. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

James Kent Patrick Hill. Possession of Methamphetamine with Intent to Distribute; Possession of Marijuana with Intent to Distribute; Possession of Alprazolam and Diazepam with Intent to Distribute; Possession of Firearms in Furtherance of Drug Trafficking Crimes; Obstruction of Justice by Attempting to Kill a Witness; Possession of a Firearm in Furtherance of a Crime of Violence; Felon in Possession of Firearms and Ammunition. Hill faces multiple charges for possession with intent to distribute drugs, including methamphetamine, marijuana, alprazolam, and diazepam. He is further charged with possessing firearms to further his crimes and with being a felon in possession of 10 firearms, including shotguns, rifles and pistols and more than 1,000 rounds of associated ammunition. Finally, Hill is charged possession of a firearm in furtherance of a crime of violence and with attempting to kill a Rogers County Sheriff’s deputy, while trying to escape from law enforcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Verdigris Police Department and Rogers County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Mark R. Morgan is prosecuting the case.

Brian Kirk Marshall. Assaulting Federal Officers; Obstruction of Justice by Attempting to Kill Witnesses; Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence; Possession of a Firearm and Ammunition After a Conviction for a Misdemeanor Crime of Domestic Violence. Marshall is charged with forcibly assaulting FBI agents while they were executing a search warrant of a Kansas, Oklahoma, residence; carrying, using, and discharging a firearm during a crime of violence; and possessing a firearm and ammunition after being convicted of third degree domestic assault in Missouri in 2008. An additional charge of obstruction of justice by attempting to kill FBI agents was added to the original charges that were filed in November.

The FBI is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.

Gary Dewayne Miller. Felon in Possession of a Firearm and Ammunition; Tampering With a Witness by Physical Force or Threat; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Miller is charged with being a felon in possession of a Ruger, Model P89DAO, 9mm semi-automatic pistol and associated ammunition, brandishing a firearm during a crime of violence, and tampering with a witness by threat of force. Sheriff’s deputies were called to Miller’s residence after shots were fired during a domestic dispute. Miller previously left the residence but returned while deputies were there. When the deputies tried to make an arrest, Miller allegedly fled in his SUV. Miller allegedly brandished a firearm at the deputies, rammed their police cruiser with his own vehicle, and then escaped on foot. He ran back to his home where he barricaded himself with others inside the residence. He was eventually arrested.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Delaware County Sheriff’s Office and Oklahoma Highway Patrol SWAT Team are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case.

December Indictments Continued:

Marcos Gomez-Garcia. Alien Unlawfully in the United States in Possession of a Firearm and Ammunition; Reentry of Removed Alien. Marcos Gomez-Garcia, 37, of Bartlesville, is charged with being an alien knowingly possessing a Smith & Wesson, Model M&P 15-22, .22 semi-automatic rifle. He is also charged with reentry of a removed alien, having returned to the United States unlawfully after being deported on June 20, 2009, at Nogales, Arizona. The weapon was discovered during a traffic stop, where Gomez-Garcia allegedly said he planned to use the weapon to harm someone who had assaulted him earlier that day. The Dewey Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.

Gary Robert Lee, Christopher R. Parks, and Jerry May Keepers. Conspiracy to Offer or Pay Health Care Kickbacks; Soliciting or Receiving Health Care Kickback; Conspiring to Commit Health Care Fraud. Dr. Gary Robert Lee, 58, and Christopher R. Parks, 57, both of the Tulsa area, are charged with conspiring to pay health care kickbacks to physicians. The two men allegedly bribed physicians to write unnecessary prescriptions for expensive compounded drugs to be submitted to pharmacies the two were affiliated with, including OK Compounding LLC in Skiatook; One Stop RX LLC in Tulsa; and NBJ Pharmacy LLC and Airport McKay Pharmacy, both in Houston. The two then allegedly submitted large claims for payment to federal health care programs and private insurers and divided the profits. Dr. Jerry May Keepers, 65, of Kingwood, Texas, licensed in Oklahoma and Texas, is also named in the indictment. Keepers is charged with receiving kickbacks in exchange for writing prescriptions for compounded drugs, often receiving up to $25,000 per month, and submitting them to pharmacies affiliated with Lee and Parks. All three men are all charged with conspiracy to defraud government health care insurance programs, including Medicare, TRICARE, and the Federal Employees’ Compensation Act. The Defense Criminal Investigative Service, Department of Labor-Office of Inspector General, Internal Revenue Service, U.S. Postal Service-Office of Inspector General, FBI and U.S. Department of Health and Human Services-Office of Inspector General are the investigative agencies.

Timmy Edward Pinkley. Felon in Possession of a Firearm and Ammunition. Timmy Edward Pinkley, 43, of Grove is charged with being a felon in possession of a Hi-Point, Model CF380, .380 Auto caliber pistol and associated ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Delaware County Sheriff’s Office are the investigative agencies.

Gregorio Sanchez-Hernandez. Reentry of Removed Alien. Gregario Sanchez-Hernandez, 43, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Jan. 29, 2014, at Del Rio, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.