PRESS RELEASES - MARCH 2008
March 06, 2008 - HARRIS, Rhonda
March 10, 2008 - LITTLE, Linda M.
March 12, 2008 - FEDERAL GRAND JURY INDICTMENTS
DEER, Ricky Van
MOORE, Vance Wade
March 14, 2008 - ARIAS, Meirelys
March 20, 2008 - EUFAULA AREA DRUG CONSPIRACY
SMITH, Johnny Edward
a/k/a "Tick"
CALDWELL, Olympia Denise
DAN, Ocquinetta Alicia
DYER, Danuel Junior
MARTIN, Teresa Lou
a/k/a "Coo"
PIERCE, Clarence Lee, III
a/k/a "Three"
SIMMONS, Nathan Devon
SMITH, Una Nishetta
WARRIOR, Milton Travis
WARRIOR, Phillip Jerome
a/k/a WARRIOR, P. J.
WINSLOW, Vance Eugene, III
WOODARD, Jeremy Shane
WOODARD, Julian Darnell
March 25, 2008 - WILSON, Stacie Michelle
March 26, 2008 - GILBERT, Darrin Ted
March 26, 2008 - HAYES, Richard Michael
March 26, 2008 - MACKERNEY, Coke Douglas
March 27, 2008 - BARRETT, Kenneth Eugene
March 27, 2008 - VASQUEZ, Alfonso Rascon
March 28, 2008 - CHANDLER, Steve Arby
March 28, 2008 - MITCHELL, Wana Lea
FOR RELEASE: March 06, 2008
SUBJECT: HARRIS, Rhonda
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that RHONDA HARRIS, age 50, of Wagoner County, Oklahoma, pled guilty in federal court.
United States Attorney for the Eastern District of Oklahoma, Sheldon J. Sperling, was recused from any involvement in the case. “We strictly observed Department of Justice ethical guidelines that provide for a United States Attorney to withdraw from prosecution of a case to avoid the appearance of impropriety or potential conflict of interest, “U.S. Attorney Sperling explained. “In this case, HARRIS embezzled money from the Arvest Bank in Wagoner, Oklahoma where my wife and I have maintained modest accounts. Neither we, nor any other employee of the U.S. Attorney’s Office, were victims of the extensive fraud committed by HARRIS. We simply exercised caution to seek Main Justice counsel and acted in accordance with that advice. Due to my recusal, First Assistant United States Attorney, Douglas A. Horn, is the Acting United States Attorney in this case.”
“The Information charged HARRIS with two felony counts,” First Assistant U.S. Attorney Horn reported. “Count One, Embezzlement by a Bank Officer or Employee, in violation of Title 18, U.S.C., Sections 656 and 2, specifically alleges that on or about September 6, 2006, HARRIS, then an officer and employee of Arvest Bank, willfully defrauded Arvest Bank by misapplying or embezzling the approximate sum of $34,620.11 of the funds of the institution. Count Two of the Information charged HARRIS with Money Laundering, in violation of Title 18, U.S.C., Sections 1957 and 2. Specifically, Count Two alleges that on or about September 9, 2006, HARRIS knowingly engaged in the transfer of funds in the amount of $31,976.00, knowing that the funds were derived from her embezzlement of bank funds.”
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea of HARRIS to both counts of the Information, “FAUSA Horn continued. “The Information alleges a specific transaction that occurred during the lengthy embezzlement scheme. The charges do not limit the extent of criminality for which HARRIS will be accountable. We anticipate that the federal sentencing guidelines will consider the entire relevant conduct of her criminal activity in determining the appropriate sentence.”
“The investigation revealed that HARRIS unlawfully took money from more than 90 customers from at least 2001 to 2006,” FAUSA Horn observed. “The loss has been determined to exceed $5.5 million. The defendant used these funds to personally enrich herself and her family. These funds were used to purchase real property and other assets in the Wagoner area. As part of the plea agreement, HARRIS and other family members were required to return or sign over the legal rights of all assets traceable to embezzled funds taken by HARRIS.”
“At the plea hearing today, the court made detailed inquiry in order to find the defendant competent and that she knowingly and willfully waived her constitutional rights and pled guilty to the crimes,” FAUSA Horn explained. “The court then ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report and resolution of any related matters. Pursuant to federal law, HARRIS was ordered to remain free on bond pending sentencing.”
“The statutory range of punishment is not more than 30 years imprisonment and/or up to $1,000,000.00 in fines for the embezzlement charge, and not more than 10 years imprisonment and/or fines of not more than $250,000.00 or twice the amount of the criminally derived property for the money laundering charge,” stated FAUSA Horn. “Preliminary guideline calculations of the Sentencing Guidelines project advisory sentencing ranges of 121 to 151 months imprisonment for Count One and 135 to 168 months imprisonment for Count Two. Federal sentencing law typically provides that sentences for related charges run concurrently. However, federal prison sentences may not be subject to parole.”
“Charges arose from an investigation by the Federal Bureau of Investigation, the Internal Revenue Service, and the U.S. Secret Service,” concluded First Assistant United States Attorney Douglas A. Horn, who represented the government.
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FOR RELEASE: March 10, 2008
SUBJECT: LITTLE, Linda M.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LINDA M. LITTLE, age 59, of Stuart, Oklahoma, pled guilty to Concealment of Bankruptcy Estate Property, in violation of Title 18, U.S.C. Section 152(1), and Criminal Forfeiture, in violation of Title 18, U.S.C. Section 982(a)(1) and Title 28, U.S.C. Section 2461.
“Charges arose from an investigation by the U.S. Department of Labor, Office of Inspector General, and the Office of the U.S. Trustee,” stated U.S. Attorney Sheldon J. Sperling. “The investigation revealed that from March 5, 2003 to on or about June 25, 2003, LITTLE knowingly and fraudulently concealed property from the trustee in connection with a Chapter 7 Bankruptcy case. Specifically, the defendant did not disclose her ownership interest in real property (land) located in Hughes County and Pittsburg County.”
“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 after making detailed inquiry in order to find the defendant competent and that she knowingly and willfully waived her constitutional rights and pled guilty to the crimes,” U.S. Attorney Sperling explained. “Judge West then ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant was released on her own recognizance.”
“As part of the plea agreement, LITTLE will be required to forfeit property and assets equal to her ownership equity in the non-disclosed real estate,” stated U.S. Attorney Sperling.
“The statutory range of punishment is up to 5 years imprisonment and/or up to $250,000.00 in fines,” concluded U.S. Attorney Sperling. “A preliminary guideline calculation projects the defendant may receive a sentence of probation.”
“Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: March 12, 2008
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: DEER, Ricky Van; and MOORE, Vance Wade
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the March 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”.
VANCE WADE MOORE, age 38, of Cherokee County, Oklahoma. One Count of Assaulting, Resisting or Impeding an Officer; One Count of Possessing, Carrying and Brandishing a Firearm During a Crime of Violence; and One Count of Felon in Possession of Firearm and Ammunition.
On February 27, 2008, MOORE left his residence carrying a pistol. Deputy U.S. Marshals and Cherokee County deputies were there to execute a federal arrest warrant on the defendant.
MOORE was wanted for felon in possession of a firearm. He allegedly pointed the pistol at a Cherokee County Deputy, then fled on foot. Foot pursuit and a 10 hour manhunt ensued. MOORE was apprehended the following day in a rural area of Cherokee County.
This indictment charges that MOORE was in possession of a loaded NORINCO 9mm semi-automatic pistol. The defendant was previously twice convicted of a felony.
The charges are in violation of Title 18, U.S.C. Sections 111(a) & 111(b); Title 18, U.S.C. Section 924(c)(1)(A); and Title 18, U.S.C. Section 922(g)(1). MOORE remains in custody, in the Muskogee County Jail.
(Assault charge – up to 20 years imprisonment and up to $250,000.00 in fines or both; Possessing charge – not less than 7 years imprisonment and $250,000.00 in fines or both; and Felon in Possession charge – up to 10 years imprisonment and up to $250,000.00 in fines or both.)
Assistant United States Attorney Christopher J. Wilson
RICKY VAN DEER, age 48, of Seminole and Muskogee Counties. One Count of Conspiracy to Pay and Receive Illegal Gratuities and One Count of Obstruction of the Due Administration of Justice.
Charges arose from an investigation by the United States Bureau of Indian Affairs (BIA), the United States Internal Revenue Service (IRS), the United States Department of Interior Inspector General (DOIOIG), the United States Federal Bureau of Investigation (FBI), and the National Indian Gaming Commission (NIGC).
From August 2000 until approximately March 2004, DEER allegedly conspired with other individuals to receive things of value from IVY ONG, d/b/a Carlo World Wide Operations, LLC, in order to secure and maintain contractual relationships with the Seminole Nation to pursue gaming opportunities.
IVY KWOK ONG, a/k/a Ivy Ong, age 65, of El Paso, TX, the operator of Carlo Worldwide Operations, LLC (Carlo), a Nevada corporation active in supplying video gaming machines to tribal casinos, pled guilty on September 21, 2007, to a two-count felony information. ONG was charged, and now stands convicted, of Conspiracy to Commit Tax Evasion and Conspiracy to Pay and Receive Illegal Gratuities, in violation of 18 U.S.C. §371, 201(c)(1)(A)&(B) and 26 U.S.C. §720. ONG is still awaiting sentencing.*
ONG allegedly provided payments and other things of value to DEER, a member of the General Council and Seminole Nation Development Authority (SNDA), in exchange for his power to impact business transactions between the Seminole Tribe, SNDA and Carlo.
DEER allegedly received at least 16 payments totaling $44,100.00. DEER is also alleged to have obstructed justice in a grand jury investigation. The indictment charges that the defendant created false documents to be submitted to the grand jury in response to a grand jury subpoena.
The charges are in violation of Title 18, U.S.C. Section 371, 201)(c)(1)(A)&(B) and Title 18 U.S.C. Section 1503. A summons commanding the presence of the defendant for arraignment on March 19, 2008 has been issued by the district court.
(Conspiracy charge – not more than 5 years imprisonment and up to $250,000.00 in fines, and Obstruction charge – not more than 10 years imprisonment and $250,000.00 in fines.)
Assistant United States Attorney Linda A. Epperley
* “ONG was the focus of an investigation by the United States Bureau of Indian Affairs (BIA), the United States Internal Revenue Service (IRS), the United States Department of Interior Inspector General (DOIOIG), the United States Federal Bureau of Investigation (FBI) and the National Indian Gaming Commission (NIGC),” U.S. Attorney Sperling noted. “In February 2001, the BIA was approached by local law enforcement officials complaining that a prostitution and drug ring was operating in the parking lot of the Seminole Nation I-40 travel plaza and casino,” stated U.S. Attorney Sperling. “Our focus shifted from the parking lot to activities inside the casino and on to the operators and investors financing the Seminole casinos,” said U.S. Attorney Sperling. “What the investigators found deeply disturbed us.”
“According to ONG’s guilty plea, beginning in August 2000, ONG and the tribe entered into a series of agreements for ONG to build or update four casinos in Seminole County and to provide video games at those locations. Under the agreements, ONG’s company got 40% of the net winnings and the tribe received the remaining 60%,” AUSA Linda A. Epperley disclosed. “The agreements provided an additional benefit to ONG. Because ONG negotiated with the tribe as a machine vendor, rather than a gaming manager, his agreements were not reviewed by the NIGC, and ONG did not undergo a background check,” explained U.S. Attorney Sperling. “A cursory background check of publicly-available records would have revealed a criminal record in California, alleged ties to organized crime in Nevada and an unpaid tax liability to the IRS,” noted U.S. Attorney Sperling.
"Tracing ONG’s finances revealed unusual payments to some tribal leaders and required the investigation of other targets and subjects. Over the past six years, the records of over 70 bank accounts have been reviewed and rooms full of documents have been examined. Funds have been traced going through ONG, Carlo World Wide, and Seminole casinos from multiple states and several foreign countries. Due to ONG’s attempts to open an Indian casino in the Hamptons and ONG’s direction that his 40% monthly payments be split with gambling-connected companies in Costa Rico, the money trail stretched far beyond a travel plaza on I-40. Each new account generated another list of individuals to be interviewed and leads to be followed. Federal agents have worked countless hours and performed admirably in this investigation. Today’s Indictment of DEER is just one of several prosecutions arising from this investigation.”
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FOR RELEASE: March 14, 2008
SUBJECT: ARIAS, Meirelys
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MEIRELYS ARIAS, age 28, of Arlington, Texas, was sentenced for Bank Fraud, in violation of Title 18, United States Code, Section 1344.
“Consistent with U.S. Sentencing Guidelines, ARIAS was sentenced to six (6) months home confinement, to begin immediately, and five (5) years probation. The defendant was also ordered to pay a Special Assessment Fee of $100.00 and to make full restitution of $27,540.68 to Bank of America,” stated U.S. Attorney Sheldon J. Sperling. “Persons on home confinement are generally required to maintain employment and permitted to travel only as necessary.”
“Charges arose from an investigation by the United States Secret Service. Beginning in or around August, 2005, and continuing to in or around December, 2005, ARIAS executed a scheme to obtain money, funds, credit or assets in the amount of $27,540.68. The money she embezzled was owned by or under the custody or control of the Bank of America. The theft from a financial institution was effected by means of false or fraudulent pretenses or representations,” recalled U.S. Attorney Sperling.
“ARIAS made false reports of her credit card and PIN number being lost or stolen. During each of the reports to Bank of America, she conducted multiple transactions at the Windstar Casino in Thackerville, Oklahoma. An initial investigation revealed that the subject was present at the Windstar Casino during each reported theft. She used her Casino Players Club Card and an additional Bank of America card, neither of which were reported lost or stolen.”
“The Honorable James H. Payne, Chief Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Assistant United States Attorney Ryan M. Roberts represented the government.”
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FOR RELEASE: March 20, 2008
SUBJECT: EUFAULA AREA DRUG CONSPIRACY: SMITH, Johnny Edward, a/k/a "Tick"; CALDWELL, Olympia Denise; DAN, Ocquinetta Alicia; DYER, Danuel Junior; MARTIN, Teresa Lou, a/k/a "Coo"; PIERCE, Clarence Lee, III, a/k/a "Three"; SIMMONS, Nathan Devon; SMITH, Una Nishetta; WARRIOR, Milton Travis; WARRIOR, Phillip Jerome, a/k/a WARRIOR, P. J.; WARRIOR, Sean, a/k/a "Fat Boy"; WINSLOW, Vance Eugene, III; WOODARD, Jeremy Shane; and WOODARD, Julian Darnell
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today the completion of initial appearances of 13 of 14 co-defendants indicted on March 12, 2008 by a federal grand jury.
“Ten men and four women stand charged with a Eufaula – area drug conspiracy which is alleged to have extended over the past five years,” U.S. Attorney Sperling reported. “The charged conspiracy involves methamphetamine, cocaine, and crack. Intermediate drug sources were located in Fort Smith and Oklahoma City. “Mules” were engaged to transport the drugs.”
“The indictment alleges that certain of the conspirators used violence and threats to collect drug proceeds, prevent theft of drugs and money, maintain secrecy and promote discipline. Conspiratorial activity also is asserted to include traveling to various casinos to convert illegal drug proceeds to cash and travel to resort locations to reward and promote co-conspirator loyalty.”
“Charges arose from an investigation conducted by the Oklahoma Bureau of Narcotics (OBN), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Eufaula Police Department, the Checotah Police Department and the Muskogee Police Department,” stated U.S. Attorney Sheldon J. Sperling.
“Beginning in about 2003 until in or about May, 2007, JOHNNY EDWARD SMITH and other co-conspirators are alleged to have been involved in a large drug trafficking organization based out of Eufaula, Oklahoma. The 28-count indictment charges the defendants with the following violations. Statutory maximum punishments are in parentheses.”
Count 1: Title 21, U.S.C. Section 846 – Drug Trafficking Conspiracy (Not less than 10 years nor more than life, $4,000,000.00 fine, not less than 5 years supervised release, $100 MSA.)
Counts 2, 5, 6: Title 21, U.S.C. Section 841(a)(1), (b)(1)(B) and 18 U.S.C. Section 2 – Possession with Intent to Distribute and Distribution of Controlled Substance (Not less than five (5) years nor more than forty (40) years imprisonment, $2,000,000.00 fine, not less than 4 years supervised release and $100 MSA)
Counts 3,7,8,9,10,11,12,13,14,18,19,20,21,22,23,24,25,26: Title 21, U.S.C. Section 841(a)(1), (b)(1)(C) and 18 U.S.C. Section 2 – Possession with Intent to Distribute and Distribution of Controlled Substance (Not more than twenty (20) years imprisonment, $1,000,000.00 fine, at least 3 years supervised release and $100 MSA)
Count 4: Title 21, U.S.C. Section 856(a)(2) and 18 U.S.C. Section 2 – Maintaining Drug Involved Premises (Not more than twenty (20) years imprisonment, $500,000.00 fine, not more than 3 years supervised release and $100 MSA)
Counts 15,16: Title 18, U.S.C. Sections 924© and 2 – Possession of Firearm in Furtherance of a Drug Trafficking Crime (Not more than five (5) years imprisonment and/or $250,000.00 fine, at least 5 years supervised release and $100 MSA)
Count 17: Title 26, U.S.C. Sections 5841, 5861(d) and 5871 – Possession of Unregistered Firearm (up to ten (10) years imprisonment, $250,000.00 fine, up to 3 years supervised release and $100 MSA)
Count 27: Title 18, U.S.C. Sections 1957 and 2 (Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity (Not more than ten (10) years imprisonment and/or a fine at the discretion of the court of not more than twice the amount of the criminally derived property involved in the transaction or up to $250,000.00 and up to 3 years supervised release and $100 MSA)
Count 28: Title 21, U.S.C. Section 853 – Drug Forfeiture
JOHNNY EDWARD SMITH, a/k/a “Tick”, age 31, of DOC, OSP, McAlester, Counts 1, 23, 24, 27, and 28.
SMITH was the leader of this organization. He had approximately 13-15 individuals under him in this organization. On 3 different occasions, 11/21/06, 1/4/07, and 3/16/07, SMITH sold narcotics to undercover agents or individuals.
TERESA LOU MARTIN, a/k/a “Coo”, age 21, of Eufaula, Oklahoma, Counts 1, 19, 23, and 28. MARTIN is the girlfriend of SMITH. She is currently charged with murder in McIntosh County. On 4/6/06, 11/21/06, and 9/13/06, MARTIN arranged for the distribution of narcotics either by directly distributing them to undercover agents or by obtaining the drugs and giving them to another co-conspirator for distribution.
SEAN WARRIOR, a/k/a Fat Boy, age 26, of DOC, OSP, McAlester, Counts 1, 2, 3, 5, 6, and 28. WARRIOR, assisted by SIMMONS and/or DYER, delivered narcotics to undercover agents on three separate occasions, twice on 7/22/05 and once on 9/1/05.
NATHAN DEVON SIMMONS, age 31, of Muskogee, Oklahoma, Counts 1, 2, 5, 6, and 28. SIMMONS, assisted by SEAN WARRIOR and/or DYER, delivered narcotics to undercover agents on two separate occasions, 7/22/05 and 9/1/05.
DANUEL JUNIOR DYER, age 24, of Tulsa, Oklahoma, Counts 1, 2, 3, 5, 6, and 28. DYER, assisted by SEAN WARRIOR and/or SIMMONS, delivered narcotics to undercover agents on three separate occasions, twice on 7/22/05 and once on 9/1/05. DYER also acted as a look-out an gave cover to SEAN WARRIOR during narcotics deliveries.
MILTON TRAVIS WARRIOR, age 24, of DOC, OSP, McAlester, Counts 1, 7, 8, 9, 10, 11, 12, 15, and 28. MILTON WARRIOR sold narcotics on numerous occasions to undercover agents. A search warrant of his residence was conducted and large amounts of narcotics and numerous firearms were seized.
PHILLIP JEROME WARRIOR, a/k/a P.J. Warrior, age 31, of Eufaula, Oklahoma, Counts 1, 22, and 28. PHILLIP WARRIOR sold narcotics to undercover agents on 9/13/06.
OCQUINETTA ALICIA DAN, age 29, of Muskogee, Oklahoma, Counts 1, 18, and 28. DAN is SMITH’s cousin. DAN handled the money and travel arrangements for this drug trafficking organization.
JEREMY SHANE WOODARD, age 35, of Eufaula, Oklahoma, Counts 1, 25, 26, and 28. JEREMY WOODARD is a co-conspirator who distributed narcotics to an undercover agent on two occasions, 3/1/07 and 3/8/07.
JULIAN DARNELL WOODARD, age 31, of DOC, OSP, McAlester, Counts 1 and 28. JULIAN WOODARD is a member of this drug trafficking conspiracy who was found in possession of 114.17 grams of cocaine base, 76.09 grams of cocaine powder, 370.67 grams of methamphetamine, and over $8,050.00 in cash on 3/9/07.
OLYMPIA DENISE CALDWELL, age 27, of Muskogee, Oklahoma, Counts 1, 18, and 28. CALDWELL is a primary handler of the money and travel arrangements for this drug trafficking organization.
CLARENCE LEE PIERCE, III, a/ka/ Three, age 32, of Muskogee, Oklahoma, Counts 1, 20, 21, and 28. PIERCE sold methamphetamine to an undercover agent on 6/6/06 and 6/23/06.
UNA NISHETTA SMITH, age 63, of Eufaula, Oklahoma, Counts 1, 4, and 28. UNA SMITH is JOHNNY SMITH’s aunt. She maintained a house in Eufaula where a large amount of drugs were seized during a search warrant. The house was the stash house for most of the narcotics moving in this organization.
VANCE EUGENE WINSLOW, III, age 34, of Checotah, Oklahoma, Counts 1, 8, 9, 13, 14, 16, 17, and 28. WINSLOW is a co-conspirator who participated in the distribution of narcotics with MILTON WARRIOR, WINSLOW is a convicted felon who was in possession of firearms during the search warrant conducted at WARRIOR’s residence. He confessed to law enforcement that he possessed a sawed-off shotgun which he had modified as a gift for MILTON WARRIOR.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings. Judge West ordered twelve of thirteen defendants, who have appeared in court, to remain in custody of the U.S. Marshal, pending trial. Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: March 25, 2008
SUBJECT: WILSON, Stacie Michelle
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STACIE MICHELLE WILSON, age 27, of Pontotoc County, Oklahoma, was sentenced for Production of Child Pornography, in violation of Title 18 United States Code, Sections 2251(a) and 2.
“The Ada Police Department, Pontotoc County District Attorney Chris Ross, and The Federal Bureau of Investigation cooperated in this successful state and federal investigation,” stated U.S. Attorney Sperling. “WILSON was sentenced to 274 months in prison, 60 months supervised release and was ordered to pay a $100.00 special assessment. Judge White further ordered that this sentence run concurrent with WILSON’s Pontotoc County conviction for lewd molestation, engaging in child sexual abuse and enabling child sexual abuse,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation. WILSON posed with a minor child in sexually explicit poses for the purpose of producing child pornography in February, 2007, in Pontotoc County,” noted U.S. Attorney Sperling. “WILSON pled guilty to the charge on October 9, 2007.”
“WILSON was convicted in the District Court of Pontotoc County, Oklahoma in August, 2007 of lewd molestation,” reported U.S. Attorney Sperling. She was then indicted in federal court for production of child pornography. This prosecution is a part of the United States Department of Justice Project Safe Childhood initiative.
Project Safe Childhood involves a crack down on those who exploit and victimize children,” explained U.S. Attorney Sperling. Our focus is on predators who exploit children by means of the internet or other electronic media.” “WILSON admitted using a digital camera, which had been manufactured outside the State of Oklahoma, to produce the pornographic images.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Judge White ordered the defendant remain in custody of the U.S. Marshal Service to begin serving her sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the government in federal court,” U.S. Attorney Sperling noted. Assistant United States Attorney Wilson and District Attorney Chris Ross attended a national Project Safe Childhood seminar in St. Louis last December. This prosecution is a tribute to the teamwork of two remarkably talented prosecutors.”
“Co-defendant Christopher Dale Long is awaiting sentencing.”
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FOR RELEASE: March 26, 2008
SUBJECT: GILBERT, Darrin Ted
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DARRIN TED GILBERT, age 38, of Sulphur, Oklahoma, was sentenced for the crime of Production of Child Pornography, in violation of Title 18, United States Code, Section 2251(a).
“GILBERT was sentenced to 224 months imprisonment, 60 months supervised release and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“The charge arose from an investigation by the Federal Bureau of Investigation and the Sulphur Police Department. The defendant had a nine year old child pose nude in various sexually explicit poses for the purpose of taking photographs. The offense occurred during a period between December 1, 2006, and May 1, 2007, in Murray County,” stated U.S. Attorney Sheldon J. Sperling. “GILBERT pled guilty on October 16, 2007.”
“GILBERT was indicted in federal court for production of child pornography as part of the United States Department of Justice Project Safe Childhood initiative to crack down on those who exploit and victimize children by means of the internet or other electronic media. GILBERT admitted he used a digital camera which had been manufactured outside the State of Oklahoma to produce the pornographic images,” explained U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing.”
“As a parent, I would hope that most people would, as a matter of basic decency, not so despicably offend little children,” U.S. Attorney Sperling noted. “As a prosecutor, I hope the serious punishment – a long prison term without parole – would give some pause even to those so depraved.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: March 26, 2008
SUBJECT: HAYES, Richard Michael
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICHARD MICHAEL HAYES, age 58, of Pontotoc County, Oklahoma, pled guilty to Possession of a Stolen Firearm, in violation of Title 18 U.S.C., Section 922(j).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). On September 14, 2007, HAYES had in his possession a stolen firearm,” stated U.S. Attorney Sheldon J. Sperling.
“HAYES was a suspect in several residential burglaries in and around Pontotoc County. When confronted, HAYES denied being involved with the burglaries, noted that he was on federal probation, and invoked his right to counsel. He was arrested. A state search warrant was executed on Hayes’ residence. Numerous items were found from several different residential burglaries in the area. Included among the items was a .22 caliber handgun. HAYES admitted to a large number of residential burglaries, admitted to having possessed a number of stolen firearms, and specifically admitted to the possession of the subject handgun,” U.S. Attorney Sperling stated.
“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. The defendant is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to10 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 sentence of 120 months imprisonment.”
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: March 26, 2008
SUBJECT: MACKERNEY, Coke Douglas
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that COKE DOUGLAS MAKERNEY, age 48, of Sawyer, Oklahoma, was sentenced for Deprivation of Rights Under Color of Law, in violation of Title 18, United States Code, Section 242.
“MAKERNEY was sentenced to 96 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling. “The defendant was also ordered to pay $958.47 restitution.”
“Charges arose from an investigation by the Federal Bureau of Investigation and Choctaw County Sheriff’s Office,” stated U.S. Attorney Sperling. “MAKERNEY was indicted on November 7, 2007 and pled guilty on November 29, 2007.”
“MAKERNEY was the Police Chief of Sawyer, Oklahoma. While acting under color of law, that is, as a law enforcement officer, he sexually assaulted a female motorist. The defendant deprived the victim of her rights and privileges which are protected and secured by the Constitution and laws of the United States. Traffic arrestees have the right not to be deprived of liberty without due process of law, which includes the right to bodily integrity. This assault involved aggravated sexual abuse – the federal equivalent of rape - and resulted in bodily injury,” continued U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Judge White ordered the defendant to remain in the custody of the United States Marshal Service to begin serving his sentence.
“Assistant United States Attorney Paul G. Hess represented the United States.”
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FOR RELEASE: March 27, 2008
SUBJECT: BARRETT, Kenneth Eugene
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that the United States Supreme Court denied the petition for writ of certiorari advanced by Kenneth Eugene Barrett.
“This petition for writ of cert was a two-part request,” noted U.S. Attorney Sperling. “First, the petitioner asked that the Supreme Court inspect the prior appellate proceedings in the Tenth Circuit Court of Appeals and the trial record from the U.S. District Court for the Eastern District of Oklahoma. Second, the petitioner asked the Supreme Court to determine that the proceedings below contained irregularities warranting reversal of his convictions and sentences.”
“Barrett’s attorneys argued that the Supreme Court should further consider three legal arguments: first, whether the capital scheme under which Barrett was sentenced is unconstitutional because the jury was permitted to consider, as an aggravating factor, the fact that Barrett intended to kill the victim; second, whether the search of Barrett’s house was constitutionally impermissible; and third, whether Barrett was unfairly prejudiced by the admission of ‘victim impact’ evidence at the penalty phase of his trial. We responded in opposition to all three arguments.”
“The U.S. Supreme Court rejected Barrett’s request, in all respects. The order concisely provides, ‘The petition for writ of certiorari is denied.’ The high court’s order has been filed in the Supreme Court, in the Denver-based Tenth Circuit Court of Appeals, and today, in the Muskogee-based U.S. District Court for the Eastern District of Oklahoma.”
TRIAL. “On November 18, 2005, after eight hours of deliberation, a federal jury for the Eastern District of Oklahoma returned a capital sentence and two life-without-parole prison sentences against the defendant,” U.S. Attorney Sperling continued. “We then noted that ‘Today, here, the jury got it right. There is no open season on law enforcement officers in the Eastern District of Oklahoma.”
“Barrett was sentenced to death for intentionally killing a state law enforcement officer engaged in the performance of his duty. The defendant was also sentenced to life in prison without the possibility of parole for both using a firearm in a drug trafficking crime with death resulting and using a firearm in a federal crime of violence in which death resulted.”
“The trial jury rendered specific unanimous findings. The jury found that Barrett intended and attempted to kill both Troopers David “Rocky” Eales and John Mark “Buddy” Hamilton. The jury determined that Barrett committed the murder after substantial planning and premeditation. The jury further concluded that the murder of Rocky had a substantial impact on Rocky’s family and friends as extended victims of this crime. On the other hand, the jury explicitly rejected the argument that Barrett was remorseful.”
“The jury was meticulous and discerning. We are grateful to the soldiers of the law, witnesses, court officials, and the jury, for their service to the people of our State and Nation.”
“Dedicated law enforcement officers were doing their duty on September 24, 1999. They endured, in a long and silent vigil, inaccurate depictions of the tactical operation and defendant’s crimes. The jury found that the defendant knew he was shooting at approaching law enforcement officers. Several of the troopers’ vehicles were lit up with emergency lights like Christmas trees. The operation was obvious, visually-announced, and lawful.”
“The defendant had repeatedly boasted he would go out in a blaze of glory. He repeatedly announced that he knew an outstanding arrest warrant had been issued for him. He bragged that, if the laws came, he’d take out as many as he could. He hoped the first ones through the door would be the Sheriff or the lead DA Investigator.”
“A prominent sign on his gate predicted his murderous intent. September 24, 1999 was game day for the defendant. On November 18, 2005, the defendant met his trial court Waterloo.”
“There was no exchange of gunfire and no melee. The defendant fired 19 unreturned .223 shots from an assault rifle at the law. He then waited, gun in hand and in his waist belt, for more law enforcement officers to approach the house. Finally, after Rocky lay dying, a trooper dropped the defendant with a short burst from an MP-5. Only then did the defendant drop his rifle. Even then, while he was being placed under arrest, defendant reached for a loaded semi-auto pistol in his waistband.”
“Chief Judge James H. Payne presided over the district court proceedings. Judge Payne sentenced the defendant, consistent with the jury’s verdicts.”
APPEAL. Defendant appealed his convictions and sentenced to the Tenth Circuit Court of Appeals in Denver. He challenged the search of his house, the sufficiency of the federal indictment, and the propriety of victim impact testimony. He asserted juror misconduct based on an innocuous contact, well handled by trial court inquiry, between an alternate juror and a witness. He assailed juror selection, the constitutionality of the death penalty, and death penalty weighing scheme, the sufficiency of proof of his intent to kill, and the inclusivity of the witness list.”
“The appeal was heard by Tenth Circuit Judges Deanell Reece Tacha, Mary Beck Briscoe, and Michael R. Murphy. Judge Briscoe penned the opinion, returned July 25, 2007, which affirmed the district court convictions and sentences.”
“The decision filed today, affirms the convictions and sentences from the district court. The Supreme Court decision also has the effect of approving the decision rendered by the Tenth Circuit.”
“We are grateful that the Supreme Court has rejected appellant’s challenge to the jury’s verdicts and sentences,” noted U.S. Attorney Sheldon J. Sperling. “Capital murder prosecutions are wars of exhaustion. We are committed – on behalf of Rocky, Kelli, Allison, and Mackey Eales and ten other troopers – to fight each legal battle. There is no open season on law enforcement officers in the Eastern District of Oklahoma.”
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FOR RELEASE: March 27, 2008
SUBJECT: VASQUEZ, Alfonso Rascon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALFONSO RASCON VASQUEZ, age 49, of St. Cloud, Minnesota, pled guilty to Possession with Intent to Distribute Marijuana, in violation of Title 21 U.S.C., Sections 841(a)(1) and 841(b)(1)(B) and Title 18 U.S.C., Section 2.
“Charges arose from an investigation by the Drug Enforcement Agency and the Oklahoma Highway Patrol,” reported U.S. Attorney Sheldon J. Sperling. “VASQUEZ was indicted on February 13, 2008, by a federal grand jury.”
“On February 5, 2008, Oklahoma Highway Patrol Troopers stopped VASQUEZ for driving erratically,” U.S. Attorney Sperling noted. “VASQUEZ was arrested in Love County, Oklahoma, following the seizure of approximately 327 pounds of marijuana from his vehicle. VASQUEZ is a citizen of the Republic of Mexico, and a hold was placed on him by Immigration and Customs Enforcement (ICE) agents.”
“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. The defendant remains in the custody of the United States Marshal Service.”
“The statutory range of punishment is not less than five years, nor more than 40 years, imprisonment and/or up to $2,000,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range of 63 to 78 months imprisonment.”
“Assistant United States Attorney Paul G. Hess represented the government.”
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FOR RELEASE: March 28, 2008
SUBJECT: CHANDLER, Steve Arby
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEVE ARBY CHANDLER, II, age 37, of Ada, Oklahoma, pled guilty to Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18 U.S.C., Section 2250.
“Charges arose from an investigation by the United States Marshal Service,” stated U.S. Attorney Sperling. “From March 6, 2007 to January 11, 2008, CHANDLER, an individual required to register under the Sex Offender Registration and Notification Act, traveled in interstate commerce and failed to register and update registration as required by the Sex Offender Registration and Notification Act.”
“CHANDLER was convicted in1995 of Criminal Sexual Conduct - Second Degree and Criminal Sexual Conduct - Third Degree in the State of Michigan,” continued U.S. Attorney Sperling. Prior to being released from prison in January 2007, CHANDLER was advised of his obligation to register as a sex offender. In March 2007, CHANDLER began traveling in interstate commerce and ultimately moved to Ada, Oklahoma, in the fall of 2007. CHANDLER failed to register in the State of Oklahoma as a sex offender as required by both federal and state law.”
“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. The defendant is 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 30 months imprisonment.”
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: March 28, 2008
SUBJECT: MITCHELL, Wana Lea
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today WANA LEA MITCHELL, age 45, of Eufaula, Oklahoma, pled guilty to Embezzlement and Theft from an Indian Tribal Organization, in violation of Title 18 U.S.C., Sections 1163 and 2.
“Charges arose from an investigation by the Federal Bureau of Investigation,” U.S. Attorney Sperling stated. “MITCHELL was an employee of an Indian tribal organization, namely the Eufaula Indian Community Smokeshop. She embezzled, stole and converted to her own use in excess of $1,000 belonging to the Smokeshop and entrusted to her custody and care as an employee.”
“MITCHELL was an employee of the Eufaula Indian Community Smokeshop from 1999 to 2004,” continued U.S. Attorney Sperling. “She confessed to voiding cigarette sales and keeping the cash. MITCHELL asserted shock that the loss was so high, but admitted taking $107,137.76 from May 2003 to August 2003. She said she took the money as a "convenience" and that she has a gambling problem.”
“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. 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 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range of 10 to 16 months imprisonment.”
“Assistant United States Attorney Linda Epperley represented the government.”
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