PRESS RELEASES - FEBRUARY 2008
February 04, 2008 - WAGES, Ernest
February 11, 2008 - ANTWINE, Marion Ladon
February 11, 2008 - CHERRY, Cedric Jamara
February 12, 2008 - LAMBERT, Julie Marie
February 13, 2008 - FEDERAL GRAND JURY INDICTMENTS
HAYES, Richard Michael
MITCHELL, Wana Lea
VASQUEZ, Alfonzo Rascon
February 14, 2008 - EASTEP, Jimmy Allen, Jr.
February 15, 2008 - WRIGHT, James Brian
February 19, 2008 - BLAKE, Linda Denise
a/k/a PLANK, Dee
February 19, 2008 - HIX, Tylor
February 19, 2008 - HOOKS, Marcus Durell
FERRELL, Robert Chavelle
February 19, 2008 - RUSSEL, Jimmy Dale;
a/k/a MEADOWS, James
February 21, 2008 - SUMMERLIN, Edward Dale
a/k/a SUMMERLIN, Dale Edward
February 25, 2008 - HICKMAN, Hercel Harvey
February 26, 2008 - FIELDS, Edward Leon, Jr.
February 29, 2008 - BURGE, Bobby Junior
BURGE, Alice Marie
FOR RELEASE: February 04, 2008
SUBJECT: WAGES, Ernest
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ERNEST WAGES, age 53, of Ada, Oklahoma, pled guilty to Possession of One or More Visual Depictions of a Minor Engaging in Sexually Explicit Conduct in violation of Title 18, United States Code, Section 2252(a)(4)(B). WAGES also pled guilty to criminal forfeiture of a Dell computer and a DVD disk.
“Charges arose from an investigation by the United States Immigration and Customs Enforcement Agency (ICE). WAGES was indicted by a federal grand jury in November 2007,” stated U.S. Attorney Sheldon J. Sperling.
“On May 22, 2007, ICE agents interviewed WAGES at his residence in Ada. During the interview, WAGES agreed to allow agents to view his computer and images of child pornography were discovered on the computer. WAGES admitted to downloading images and videos of minors engaging in sexually explicit conduct over the Internet. WAGES also admitted he saved videos of child pornography on a DVD disk. The computer and DVD disk were seized by the agents,” U.S. Attorney Sperling continued.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion,” U.S. Attorney Sperling stated.
“The Court denied WAGES’ request to remain free on bond and ordered him committed to the custody of the United States Marshal Service pending imposition of sentencing,” stated U.S. Attorney Sperling.
“The statutory range of punishment for is up to ten years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 78 to 97 month prison sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: February 11, 2008
SUBJECT: ANTWINE, Marion Ladon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MARION LADON ANTWINE, age 28, of Muskogee, Oklahoma, pled guilty to Felon in Possession of Firearm and Ammunition in violation of Title 18 U.S.C. Section 922(g)(1).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tahlequah Police Department. ANTWINE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed a Hi-Point model JC .40 caliber handgun, six (6) rounds of Winchester, .40 caliber ammunition, all of which were shipped and transported in interstate commerce,” stated U.S. Attorney Sheldon J. Sperling.
“On the 7th day of September, 2007, Tahlequah Police Department received a call from a young lady that ANTWINE was chasing her through the City of Tahlequah. The Defendant was driving a Blue Dodge Magnum and chasing the victim in her Black SUV. Officers saw the two vehicles driving erratically and, after a short pursuit, stopped ANTWINE. During the pursuit, a Tahlequah Police Officer saw ANTWINE throw a black object into the back seat of the Dodge. After ANTWINE was taken into custody, a .40 caliber Hi-point handgun was found in the back seat,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to ten (10) years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 30 to 37 month prison sentence.”
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: February 11, 2008
SUBJECT: CHERRY, Cedric Jamara
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CEDRIC JAMARA CHERRY, age 26, of McCurtain County, Oklahoma, pled guilty to Felon in Possession of Firearm, in violation of Title 18 U.S.C. Section 922(g)(1).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. CHERRY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed a Ruger, model P89 DAO 9mm handgun, which was shipped and transported in interstate commerce,” stated U.S. Attorney Sheldon J. Sperling.
“On the 27th day of April, 2007, CHERRY drove up to the Hillcrest Apartments in Idabel, Oklahoma. As he exited his grey Cadillac, he "racked" a 9mm round into the breech of his Ruger P89 semi-automatic handgun, and began yelling at the members of "4th Gen", a local street gang. There had been an ongoing dispute between 4th Gen and the local click of the 107 Hoover Crips, with which CHERRY was affiliated,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to ten (10) years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 46 to 57 month prison sentence.”
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: February 12, 2008
SUBJECT: LAMBERT, Julie Marie
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JULIE MARIE LAMBERT, age 29, of Atoka, Oklahoma, pled guilty to Embezzlement by Tribal Employee, in violation of Title 18, United States Code, Section 1163.
“Charges arose from an investigation by the Federal Bureau of Investigation. LAMBERT, an employee of an Indian tribal organization, the Choctaw Nation Casino located in Stringtown, Oklahoma, embezzled $4,600.00 belonging to the Choctaw Nation that had been entrusted to the custody or care of an employee of the Choctaw Nation,” stated U.S. Attorney Sheldon J. Sperling.
“LAMBERT normally worked in the vault counting money but, on occasion, she provided relief for payout tellers. On August 9, 2007, LAMBERT provided lunch relief for a payout teller at one of the casino windows. When the payout clerk returned from lunch, she discovered several bundles of cash were missing. Casino security was called and started an investigation. A count of the cash on hand and payouts revealed that $4,600.00 in cash was missing. LAMBERT was interviewed and confessed to taking the cash from the casino,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains free on bond pending sentencing.”
“The statutory range of punishment is up to five years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a probationary sentence.”
“First Assistant United States Attorney Douglas A. Horn represented the government.”
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FOR RELEASE: February 13, 2008
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: HAYES, Richard Michael; MITCHELL, Wana Lea; and VASQUEZ, Alfonzo Rascon
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the February, 2008 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. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
WANA LEA MITCHELL, age 45, of Eufaula, Oklahoma. Embezzlement and Theft from an Indian Tribal Organization.
Charges arose from an investigation by the Federal Bureau of Investigation. MITCHELL, an employee of an Indian tribal organization, namely the Eufaula Indian Community Smokeshop, allegedly embezzled, stole and converted to her own use approximately $219,000.00 of the moneys, funds and credits belonging to the organization.
The charges are in violation of Title 18, U.S.C., Section 1163. (Not less than five, nor more than 20 years imprisonment and/or up to $250,000 fine)
Assistant United States Attorney Linda A. Epperley
RICHARD MICHAEL HAYES, age 58, of Pontotoc County, Oklahoma. Felon in Possession of a Firearm.
Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. HAYES, having been convicted of a crime punishable by imprisonment for a term exceeding one year, allegedly possessed in and affecting commerce, a firearm, a Phoenix Arms HP22 .22 caliber handgun with an obliterated serial number, which had been shipped and transported in interstate commerce.
The charges are in violation of Title 18, U.S.C., Section 922(g)(1). (Up to ten years imprisonment and/or up to $250,000.00 fine)
Assistant United States Attorney Rob Wallace
ALFONZO RASCON VASQUEZ, age 58, of St. Cloud, Minnesota. Possession with Intent to Distribute Marijuana.
Charges arose from an investigation by the Drug Enforcement Administration. On or about the 5th day of February, 2008, VASQUEZ allegedly possessed with the intent to distribute approximately 327 pounds of marijuana, a Schedule I Controlled Substance.
The charges are in violation of Title 21, U.S.C., Section 841(a)(1). (Not less than five nor more than 40 years imprisonment and/or up to $2,000,000.00 fine)
Assistant United States Attorney Paul G. Hess
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FOR RELEASE: February 14, 2008
SUBJECT: EASTEP, Jimmy Allen, Jr.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JIMMY ALLEN EASTEP, JR., age 38, of McCurtain County, Oklahoma, pled guilty to Felon in Possession of a Firearm, in violation of Title 18, U.S.C., Section 922(g)(1), Possession with Intent to Distribute Methamphetamine, in violation of Title 21, U.S.C., Sections 841(a)(1) and 841(b)(1)(C) and Title 18, U.S.C., Section 2.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the McCurtain County Sheriff’s Office and agents of the District 17 Drug Task Force. EASTEP, having the previous felony convictions of Possession of Methamphetamine with the Intent to Distribute and Manufacturing Methamphetamine, possessed a Ruger, model 10/22, .22 caliber rifle, a Ruger, model 10/22, .22 caliber rifle, and an Astra, model Astra 357, .357 caliber revolver, all of which had been shipped and transported in interstate commerce. Additionally, EASTEP possessed methamphetamine with the intent to distribute,” stated U.S. Attorney Sheldon J. Sperling.
“On May 11, 2007, deputies from the McCurtain County Sheriff’s Office served a state search warrant on the EASTEP residence. During the course of the search, they discovered approximately 25 grams of methamphetamine packaged in individual smaller quantities consistent with distribution, and numerous firearms. On August 7, 2007, agents of the District 17 Drug Task Force, deputies from the McCurtain County Sheriff’s office and agents of the ATF executed a state search warrant on the same residence. On this occasion, two additional firearms were recovered,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to ten (10) years imprisonment and/or up to $250,000.00 in fines for Felon in Possession of Firearm and up to 30 years imprisonment and/or $2,000,000.00 in fines for Possession with Intent to Distribute Methamphetamine,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 188 to 235 month prison sentence.”
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: February 15, 2008
SUBJECT: WRIGHT, James Brian
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JAMES BRIAN WRIGHT, age 30, of Sallisaw, Oklahoma, was sentenced for two counts of Felon in Possession of Firearm, in violation of Title 18, United States Code, Section 922(g).
“WRIGHT was sentenced to 190 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00 on each count. The sentences on each count were ordered to run concurrently,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Sallisaw Police Department,” stated U.S. Attorney Sperling.
“In February 2007, law enforcement officials went to WRIGHT’s residence in Sallisaw to execute an outstanding arrest warrant from the State of Arkansas. Agents searched the residence and found a .22 caliber pistol under the mattress in the master bedroom. While agents were at the house, WRIGHT drove up in a pickup. Agents found a .38 caliber pistol under the seat of the pickup. WRIGHT admitted possessing both weapons,” stated U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.”
“Judge White ordered the defendant remain in the custody of the U.S. Marshal to begin serving his sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: February 19, 2008
SUBJECT: BLAKE, Linda Denise; a/k/a PLANK, Dee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LINDA DENISE BLAKE, a/k/a DEE PLANK, age 43, of Muldrow, Oklahoma, was sentenced for Conspiracy, in violation of Title 18, United States Code, Section 371.
“BLAKE was sentenced to 36 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“BLAKE was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation conducted by the United States Secret Service. In October and November, 2006 BLAKE conspired with others to create and pass more than $75,000.00 in counterfeit checks in Arkansas and Oklahoma,” stated U.S. Attorney Sperling.
“At the plea hearing BLAKE admitted she agreed with her former boyfriend, Phillip Daren Shockey, and others to make, possess and cash counterfeit checks. BLAKE admitted she recruited other persons to cash counterfeit checks and drove them to banks and businesses in western Arkansas and eastern Oklahoma to cash the counterfeit checks. BLAKE also admitted stealing mail from mailboxes in order to obtain bank account information which was used to make counterfeit checks.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.”
“Judge White ordered the defendant remain in custody of the U.S. Marshal to begin serving her sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: February 19, 2008
SUBJECT: HIX, Tylor
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today TYLOR HIX, age 21, of Fort Gibson, Oklahoma, was sentenced for Possession of a Machine Gun, in violation of Title 18, U.S.C., Section 922(o).
“HIX was sentenced to 48 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). On March 29, 2007, HIX was in possession of a machine gun,” stated U.S. Attorney Sperling.
“Federal agents properly and safely resolved an investigative dilemma. ‘How far do we let a criminal scheme develop? How far do we let a surveilled criminal go?’ The answer is . . . , ‘Not too far.’”
“Here a talented ATF Special Agent infiltrated a bank robbery conspiracy. The lead suspect sought automatic weaponry. He wanted to rob the Armstrong Bank in Keyes, Oklahoma. The machine gun, an AK-47, was delivered as requested. The agents didn’t let the prohibited weapon out of their sight.”
“We often have to weigh public safety with the need to gather more evidence. If we stop a criminal scheme, the defendant may claim he wasn’t really going through with it. If agents let him continue and something bad happens, the agents will be blamed.”
“We won’t willingly let an innocent person, much less a bank teller, look at the business end of a machine gun. Public safety is far more important than gathering more evidence.”
“ATF Special Agents did an admirable job here to strike an appropriate balance between the need to protect the public and the interest in gathering evidence.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge White ordered the defendant remain in custody of the U.S. Marshal to begin serving his sentence.”
“Assistant United States Attorney Ryan M. Roberts very capably represented the government.”
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FOR RELEASE: February 19, 2008
SUBJECT: HOOKS, Marcus Durell; and FERRELL, Robert Chavelle
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that MARCUS DURELL HOOKS, age 23, and ROBERT CHAVELLE FERRELL, age 25, both of Tulsa, Oklahoma were sentenced for Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1).
“HOOKS was sentenced to 60 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. FERRELL was sentenced to 63 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Agencies involved in the investigation were the Bureau of Alcohol, Tobacco, Firearms and Explosive, McIntosh County Sheriff’s Office, Hanna Police Department, Oklahoma Highway Patrol (OHP), and the Muskogee Creek Lighthorse Police Department,” stated U.S. Attorney Sperling.
“Charges arose from a pursuit by the Hanna P. D., OHP, and Muskogee Creek Lighthorse P.D. The chase which occurred on the evening of October 24, 2006, near Hanna, in McIntosh County. Officers recovered a Cobray M-11 Uzi-type semi-automatic pistol and a ROHM .38 revolver from the roadside along the route of the chase. The M-11pistol belonged to FERRELL and the .38 revolver belonged to HOOKS.”
“On August 24, 2007, the defendants were found guilty by jury trial. The jury deliberated for less than 3 hours in reaching the guilty verdicts,” commented U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge White ordered the defendants remain in custody of the U.S. Marshal to begin serving their sentences.”
“Assistant United States Attorney Rob Wallace represented the government at trial and sentencing.”
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FOR RELEASE: February 19, 2008
SUBJECT: RUSSELL, Jimmy Dale; a/k/a MEADOWS, James
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JIMMY DALE RUSSELL, a/k/a JAMES MEADOWS, age 52, of Tahlequah, Oklahoma, pled guilty to Possession of Unregistered Firearm in violation of Title 26, U.S.C., Sections 5845 & 5861(d).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Tahlequah Police Department. RUSSELL possessed a sawed-off shotgun. The firearm was an Ithaca Gun Company, Model 66, .410 gauge lever action single shot shotgun with a barrel of less than 18 inches in length and an overall length of less than 26 inches. The firearm was not registered to him in the National Firearms Registration and Transfer Record,” stated U.S. Attorney Sheldon J. Sperling.
“On the 8th day of May, 2007, Tahlequah Police Department responded to a call at a convenience store concerning a man with a gun. Upon arrival, Tahlequah Police Department Officers located RUSSELL standing next to a 2002 Nissan S.U.V. Officers saw a sawed-off shotgun on the passenger front seat of the vehicle. Officers arrested RUSSELL and seized the firearm,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service pending imposition of sentence.”
“The statutory range of punishment is up to ten (10) years imprisonment and/or up to $10,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range of 100 to 120 months imprisonment.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: February 21, 2008
SUBJECT: SUMMERLIN, Edward Dale; a/k/a SUMMERLIN, Dale Edward
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that EDWARD DALE SUMMERLIN, also known as DALE EDWARD SUMMERLIN, age 50, of Sequoyah County, Oklahoma, pled guilty to Felon in Possession of Firearm and Ammunition, in violation of Title 18 U.S.C. Section 922(g).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Oklahoma Highway Patrol (OHP). SUMMERLIN, after previously being convicted of a felony, possessed a Savage Arms, Model 24V-A, .222 caliber/20 gauge, over and under rifle and ammunition, which had been shipped and transported in interstate commerce,” stated U.S. Attorney Sperling.
“On March 9, 2007, SUMMERLIN, a convicted felon, pulled up to a safety check point in Sequoyah County. When approached by an OHP Trooper, SUMMERLIN advised he did not have a driver’s license or security verification. After being asked to step from his vehicle, SUMMERLIN admitted his license was suspended. SUMMERLIN further admitted to troopers that he had something illegal in his pocket and removed a bag of methamphetamine from his pocket. SUMMERLIN was placed under arrest. A further search revealed four (4) .222 caliber rifle shells in SUMMERLIN’s back pants pocket. During an inventory of the vehicle SUMMERLIN was driving, the trooper located a Savage .222 caliber/20 gauge, over and under rifle,” U.S. Attorney Sperling continued.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service pending imposition of sentence.”
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 33 to 41 month prison sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: February 25, 2008
SUBJECT: HICKMAN, Hercel Harvey
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that HERCEL HARVEY HICKMAN, age 58, of LeFlore County, Oklahoma, pled guilty to Illegal Possession of a Machinegun, in violation of Title 18 U.S.C., Section 922(o).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Spiro Police Department. HICKMAN was indicted in January 2008, for possessing a Sten, Model MK III, 9mm caliber machinegun,” stated U.S. Attorney Sheldon J. Sperling.
“On February 11, 2005, HICKMAN was stopped by Spiro Police Officers for speeding. During the stop a narcotics dog alerted on the vehicle. During the subsequent search, a Sten 9mm caliber machinegun was located under the backseat. HICKMAN admitted to Spiro Police Officers and later to ATF Agents that he possessed the machinegun. HICKMAN also admitted that he had fired the gun and was aware it was fully automatic,” continued U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range of 24 to 46 months imprisonment.”
“Assistant United States Attorney Christopher J. Wilson represented the government,” U.S. Attorney Sperling concluded. “This case is another example of remarkable cooperation by ATF Special Agents and local first responders – here Spiro Police Officers. I am grateful to Assistant United States Attorney Wilson and the law officers for this excellent Project Safe Neighborhoods prosecution. Gun crime, particularly that involving a prohibited weapon like a machinegun, means hard time.”
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FOR RELEASE: February 26, 2008
SUBJECT: FIELDS, Edward Leon, Jr.
MUSKOGEE, OKLAHOMA - "United States Attorney Sheldon J. Sperling announced, yesterday, the federal appeals court affirmed the capital sentences imposed upon Edward Leon Fields, Jr. The wheels of justice are turning.”
“On July 10, 2003, the defendant murdered two unsuspecting campers in the Winding Stair Campground in LeFlore County, Oklahoma. On July 22, 2005, a federal jury returned a capital verdict. A mandatory appeal followed. The case was orally argued on October 1, 2007. Yesterday, the Tenth Circuit Court of Appeals affirmed the capital sentence.”
“No jaws will drop if I were to characterize the decision as discerning and correct. The facts underlying this cold-blooded double murder are absolutely chilling.”
“When we first received notice of the decision, we first located that word which warms a prosecutor’s heart – “affirmed.”
“The appeals court rejected challenges to federal jurisdiction to try this case, to jury qualification, to the verdict form, to aggravating factors, and to victim impact. The court also denied a complaint, that jurors should have found defendant’s asserted severe-disturbance mitigator, and upheld the capital standard of weighing aggravating and mitigating factors. The Denver-based court approved the district court decision to allow the ghillie-suit in the jury room and rejected a cumulative error claim.”
“Yesterday evening I was privileged to read every word of the 10th Circuit’s 56-page opinion. The discussion of the jurisdictional challenge was particularly complex.”
“This is the second successful capital trial in our small district in the past several years. We are gratified that the Tenth Circuit Court of Appeals has seen fit to affirm both jury verdicts and sentences.”
“ Tellingly, neither trial has been the subject of a single claim of prosecutorial misconduct. I’d like to think that the decisional references to our closing arguments were both complimentary and instructive. I am very proud of our preparation and presentation.”
“On November 8, 2005, Edward Leon Fields, Jr., now age 40, formerly of LeFlore County, Oklahoma, was issued capital sentences for the double murder of a married couple from Texas who were camping in a federal campground. On July 22, 2005, a federal jury sitting in Muskogee for the Eastern District of Oklahoma, had returned a unanimous death penalty verdict against Fields.”
“For over two years, we anticipated that this day of sentencing reckoning would come,” U.S. Attorney Sperling commented. “Words then failed to adequately depict the horror the defendant visited in graphic, premeditated, coldly calculating, malicious, wantonly violent, and ghillie-suited form to two wonderful people who were minding their own business and had done nothing to him.”
“DOJ Capital Unit Specialist Libby Lange is a brilliant appellate advocate and prosecutor. AUSA Dennis Fries had a warm heart for victims/witnesses. AUSA Linda Epperley deftly wrote the most difficult district court pleadings for the USA. Assistant Oklahoma Attorney General Sandy Rinehart penned a persuasive amicus brief. I am grateful for their work, and that of Legal Assistant Leslie Hood, the investigative persistence of Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and U. S. Forest Service Special Agents, and the tireless efforts of Victim Witness Specialist, Mary Jo Speaker.”
“There have now, however, been enough words,” U. S. Attorney Sperling said. “U.S. District Court Judge Ronald A. White spoke clearly in imposing the following sentences. On Counts 1 and 3, Murder in First Degree, death, with execution to be administered by the U.S. Bureau of Prisons. On Counts 2 and 4, Use of Firearm, 405 months in prison to be served consecutively. On Count 5, Robbery with Firearm, 405 months in prison, to be served consecutively. And on Count 6, Burglary of an Automobile, 84 months in prison.
“A courageous and discerning jury had returned the capital verdict after three weeks of jury selection and trial and four hours of deliberation,” U.S. Attorney Sperling noted. “The death sentences were the result of a sentencing jury trial following defendant’s federal convictions for the murders of Charles and Shirley Chick, of Dallas.”
“We contended in closing that the defendant deserved the death penalty. The jury found that the defendant possessed the requisite homicidal intent, engaged in the substantial planning and premeditation to cause death, and committed multiple intentional killings in a single episode.”
“The jury found that the defendant: posed a future danger to the lives and safety of other persons; caused permanent loss to the victims’ family, friends, and community; and inflicted mental anguish on Mrs. Chick before her death.”
“Jurors also found 18 mitigating factors relating to the defendant’s life, family, and circumstances. Notably, however, the jury rejected four mitigators. The jury refused to find that defendant’s capacity to appreciate the wrongfulness of his conduct and conform his conduct to the law was significantly impaired. The jury did not find that defendant committed the offenses under severe mental or emotional disturbance. The jury rejected the contention that defendant expressed remorse for his crimes. And the jury clearly declined the assertion that he will not pose a future danger to society by being imprisoned for life without possibility of release. The CTA 10 opinion cited our closing argument. ‘Which one of us would want to be in a cell next to someone who is capable of coldly attacking two innocent people who had done nothing to him?’”
“The defendant had been convicted on July 2, 2005, of two counts of first degree murder, two counts of firearm use resulting in death, assimilative crime robbery with firearms, and assimilative crime burglary of an automobile. Federal law applies Oklahoma state law concerning crimes committed on federal property.”
“On July 10, 2003, Charles and Shirley Chick were the lone campers in the forested Winding Stairs federal campground in the Ouachita National Forest,” U.S. Attorney Sperling continued. “While Charles and Shirley enjoyed their last sunset, defendant donned his homemade sasquatch-like ghillie (sniper) suit, carried his camouflaged and large-scoped rifle, slipped into the nearby woods, and waited for dark to fall.”
“The victims, ages 47 and 50, returned to their campsite and sat at a picnic table. After dark fell, defendant shot Charles under his left eye. When Shirley ran from the table, defendant advanced and fired twice at her and hit her left foot. She struggled to a nearby van and opened the passenger side door as the defendant approached her, shot her in the head, observed that she was not yet dead, and shot her again.”
“The defendant went to the picnic table where Charles was still alive and shot him again. Defendant left the murder scene, returned later to rob the bodies and burglarize the van, went to work at his plastics manufacturing job the next morning, and resumed his regular activities.”
“The defendant was arrested a week later when a civilian tip enabled a focused inquiry concerning the defendant. Defendant had no prior criminal history. Although he may have met the victims several days before, defendant and victims were otherwise strangers to each other.”
“The defends advanced a complex mental mitigation defense and presented expert testimony which asserted hypoxia (oxygen deprivation) at birth, frontal lobe damage and judgmental impairment, bipolar disorder, a psychotic feature (command hallucinations), and hypermanic flip due to the impact of anti-depressant medication and dosage increases.”
“Although months prior to the murders defendant had both been medically treated for depression and asserted that he had heard voices, the prosecution successfully rebutted the asserted mental mitigation.”
In closing argument, United States Attorney Sperling had argued, “We would all like to figure the defendant out. But his actions were the product of conscious choices. He stalked, surveilled, shocked, savaged, and slaughtered two absolutely innocent people who had done nothing to him.”
“The defendant lived out his beliefs. He acted out his developed fantasy. He voluntarily chose to enter the darkened world of depraved criminality. He lacks the essential feature of civilized members of society, a conscience.”
“The defendant wants to be sent to his room as punishment. All with a civilized core must recoil with revulsion at what defendant did as the executioner of the innocent. Don’t give this defendant what he wants. In the name of justice, give him what he deserves.”
“The prosecution consulted and called as an expert witness, Dr. Jeff Mitchell, premier neuro-psychiatrist and Medical Director of the Laureate Psychiatric Hospital in Tulsa,” U. S. Attorney Sperling said. “Dr. Mitchell convincingly rebutted the notion that defendant had experienced a manic switch at the times before, during, and after the crimes.”
“Dr. J. Randall Price, a pre-eminent and highly experienced neuro-psychologist from Dallas with some 200 murder case evaluations under his belt, convincingly rejected the defense mental mitigation. Dr. Price persuasively opined that the defendant had characteristics of a sociopath or psychopath.”
“The jury rejected mitigating factors that the defendant’s capacity to appreciate the wrongfulness of his conduct or conform his conduct to the requirements of law was significantly impaired, regardless of whether his capacity was so impaired as to constitute a defense to the charge; that defendant committed the offenses under severe mental or emotional disturbance; and that defendant will not present a future danger to society by being imprisoned for life without possibility of release.”
United States Attorney Sheldon J. Sperling was lead counsel for the United States. Dennis A. Fries and Linda A. Epperley, Assistant Untied States Attorneys in the Eastern District of Oklahoma, served as associate trial attorneys.
The case was investigated by Special Agents of the United States Forest Service, Oklahoma State Bureau of Investigation, and Federal Bureau of Investigation.
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FOR RELEASE: February 29, 2008
SUBJECT: BURGE, Bobby Junior; and BURGE, Alice Marie
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BOBBY JUNIOR BURGE, age 63, and ALICE MARIE BURGE, age 61, husband and wife, both of Muldrow, Oklahoma, pled guilty in federal court.
“BOBBY JUNIOR BURGE pled guilty to Felon in Possession of a Firearm, in violation of Title 18, U.S.C., Section 922(g)(1) and Possession with Intent to Distribute Methamphetamine, in violation of Title 18, U.S.C., Section 841(a)(1),” stated U.S. Attorney Sperling. “ALICE MARIE BURGE pled guilty to Misprision of a Felony, in violation of Title 18, U.S.C., Section 4.”
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Sequoyah County Sheriff’s Office and Oklahoma District 27 Drug Task Force (DTF). BOBBY JUNIOR BURGE, having been convicted on a federal money laundering indictment in 1997, possessed numerous firearms, which had been shipped and transported in interstate commerce. He also possessed, with the intent to distribute, 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine,” U.S. Attorney Sperling stated.
“ALICE MARIE BURGE pled guilty to having knowledge of the actual commission of a felony cognizable by a court of the United States, Possession of Methamphetamine with Intent to Distribute. ALICE MARIE BURGE concealed the same by disposing of a substance containing a detectable amount of methamphetamine by flushing the substance down a toilet, and did not as soon as possible make known the same to some judge or other person in civil or military authority,” continued U.S. Attorney Sperling.
“On March 2, 2007, ATF agents, deputies from the Sequoyah County Sheriff’s Office and the District 27 DTF executed a search warrant on the BURGE residence. The warrant was a narcotics warrant issued by a state magistrate in Sequoyah County. Upon entry, agents found BOBBY BURGE in the living room area. ALICE BURGE was in the master bath attempting to flush a large quantity of suspected methamphetamine down the toilet. Agents found a large number of guns and approximately one and one-half pounds of 30% pure methamphetamine. BOBBY BURGE told agents that he received multi-pound quantities of methamphetamine at his residence on a periodic basis for distribution,” U.S. Attorney Sperling concluded.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty pleas and ordered the completion presentence reports. Sentencing will be scheduled following completion of the reports. Mr. BURGE was placed in the custody of the United States Marshal Service. Mrs. BURGE remains free on bond pending sentencing.”
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines for Felon in Possession of a Firearm; ten years to life imprisonment and/or up to $4,000,000.00 in fines for Possession with Intent to Distribute Methamphetamine; and up to three years imprisonment and/or up to $250,000.00 in fines for Misprision of a Felony,” stated U.S. Attorney Sperling. “Preliminary guideline calculations of the Sentencing Guidelines project advisory sentencing ranges of 135 to 168 months imprisonment for BOBBY BURGE and 30 to 37 months imprisonment for ALICE BURGE.”
“Assistant United States Attorney Rob Wallace represented the government.”
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