May Grand Jury

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 22 indictments charging 24 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Elmar Argueta Luna, age 25, of Omaha,  is charged with illegal reentry into the United States on or about April 27, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Jacob J. Barrickman and Brianna M. Hampton, are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or April 30, 2015. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.

*          Heather Baxter, age 36, of Omaha, is charged with assault with a dangerous weapon on or about July 16, 2014. The maximum possible penalty if convicted is 10years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Kenneth R. Carufel, age 27, of Santee,  is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with assault causing serious bodily injury on or about May 6, 2015.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges Carufel with assault on a juvenile less than 16 years of age causing substantial bodily injury on or about May 6, 2015.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

• Gilberto Ceballos Aguiano, aka Juan Aroyo, age 49, and Francisco Hernandez-Perez, aka Jencarlos F. Josias and/or Hugo Rodriguez-Carbajal, age 28, both of Omaha, are charged in an eight-count Indictment.  Count I of the Indictment alleges that from on or about February 17, 2015, and continuing until on or about May 13, 2015 the defendants did conspire to distribute counterfeit identification documents.  The maximum possible penalty if convicted is 5 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.  Counts II and III of the Indictment allege that on or about February 24, 2015 and on or about March 30, 2015, Aguiano distributed counterfeit social security cards.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.  Counts IV, V, and VIII of the Indictment charges Hernandez-Perez with identity theft on or about February 24, March 1, and March 30, 2015.  The maximum possible penalty if convicted is 5 years imprisonment, a 3 year term of supervised release, and a $100 special assessment for each count.   Count VI of the Indictment charges Hernandez-Perez with false representation of a social security number on or about May 12, 2015.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count VII of the Indictment charges Hernandez-Perez with falsely representing a Social Security account number as belonging to him for the purpose of obtaining a benefit to which he was not entitled on or about March 1, 2015.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.             

*          Chase Alexander Cleveland,  age 29, of Winnebago,  is charged with aggravated sexual abuse by force or threat on or about February 3, 2015.    The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  

*          James S. Coder, age 33, of Bellevue, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with receipt and distribution of child pornography from between on or about August 30, 2011 and continuing to on or about February 20, 2015.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  Count II of the Indictment charges Coder with possession of child pornography on and before March 3, 2015.   The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. 

*          Eric Conn, age 46, of Stamford, Nebraska, is charged with felon in possession of a firearm on or about May 2, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Raul Espinoza-Amezquita,  age 29, of Lincoln,  is charged with illegal reentry into the United States on or about May 11, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Gabriel Figueroa Martinez, 37, of Lincoln,  is charged with illegal reentry into the United States on or about May 13, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Roberto Jimenez-Diaz,  age 44, of Omaha,  is charged with illegal reentry into the United States on or about April 22, 2015, following deportation. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Jose Jesus Martinez, 34, of Lincoln, is charged with illegal reentry into the United States on or about May 13, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Victor Ray Miller, 23, of Macy, is charged with felony child abuse on or about October 27, 2014.   The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Mikel Miller, age 51, of Fremont, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with receipt and distribution of child pornography from on or about March 3, 2015, and continuing to on or about April 21, 2015.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  Count II of the Indictment charges Miller with possession of child pornography on or before April 21, 2015.   The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. 

*          Adrean Newson, 24, of Omaha, is charged with possession of counterfeit currency on or about January 5, 2015.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Williams Perez-Fernandez, 36, of Lincoln, is charged with illegal reentry into the United States on or about May 6, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.

*          Lazaro Rivero-Mateo, 39, of Omaha, is charged with illegal reentry into the United States on or about April 22, 2015, following deportation.  The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Koren Russell, 31, of Walthill, Nebraska is charged with negligent child abuse on or about May 20, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Juan Saquic Velasquez, 28, of Grand Island, is charged with illegal reentry into the United States on or about April 21, 2015, following deportation.  The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Kendell Tealer, age 28, is charged in a two-count Second Superseding Indictment.  Count I of the Indictment charges the defendant with committing a violent crime, specifically murder,  in aid of racketeering activity on or about December 18, 2010.  The maximum possible penalty if convicted is Death or not less than life imprisonment, a $250,000 fine, and a $100 special assessment.  Count II of the Indictment charges Tealer with felon in possession of ammunition on or about December 18, 2010.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.   According to ATF Special Agent in Charge Greg Gant, “This indictment is a testament to the ongoing efforts of the ATF, the United States Attorney’s Office and the Omaha Police Department to identify and bring to justice those who choose to use firearms as tools of violence and intimidation.  Together, we will continue to tirelessly pursue violent armed criminals, whose actions degrade the quality of life of those who live and work in our community.”

*          Scott T. Tran, age 44, of Waterloo, NE, is charged in an eighteen-count  Superseding Indictment.  It alleges from on or about May 18, 2009, and continuing until on or about February 16, 2015 the defendant executed a scheme to defraud a health care benefit program.  Scott Tran submitted false and fraudulent claims to the Nebraska Medicaid program seeking payment for providing a prescription drug to certain Nebraska Medicaid recipients when the defendant well knew the prescription drug had not been provided to those recipients.  During the course of the scheme these claims totaled approximately $14,430,059.17.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, from gross proceeds traceable to the commission of the offense, should be forfeited to the United States.

*          Daniel Zavala-Vera, age 37, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams of methamphetamine on or about April 7, 2015.  The maximum possible penalty if convicted is 10 years to Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges Zavala-Vera with possession of a firearm in furtherance of a drug trafficking crime on or about April 7, 2015.   The maximum possible penalty if convicted is 5 years to Life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $95,413.00 in U.S. currency.