PRESS RELEASES - July 2006
July 12, 2006 - GRAND JURY INDICTMENTS: JULY 2006
- ARNOLD, Brian
- BELL, Jonathan Cavenaugh
- CHECOTAH, Lisa Dawn
- CURRENS, Johnny Wayne
- EUBANKS, Jimmy Woodrow; a/k/a EUBANKS, Woody
- HUNNICUTT, Jesse Wayne
- NORMAN, Ladon
- RIPPETOE, Woody Michael
- RODGERS, Katrina Marie
- SLADE, Phillip Gail, Jr.
- SMITH, Darla Kay; a/k/a HUDDLESTON, Darla Kay
July 14, 2006 - DEARCOS, Isaias Zuniga
July 17, 2006 - VALDIVIA, Samuel
July 18, 2006 - HEAVENER, OKLAHOMA ARRESTS
July 20, 2006 - LAYMAN, Clonnie Alonzo; and NGUYEN, Hong Son; a/k/a NGUYEN, Sonny; a/k/a NGUYEN, Son Hong
July 21, 2006 - NORMAN, Glen Ladon
July 21, 2006 - RIPPY, Shanna Paige; a/k/a GRAHAM, Judith A.
July 21, 2006 - ROBINSON, Glenn Vincent
July 24, 2006 - COCKFIGHTING ARRESTS MADE - GACHOT, Shan
July 25, 2006 - COPEMAN, Eddie Kay; and BLUNT, Romonia Kay
July 26, 2006 - ROSEBURR, Deborah Ann
July 31, 2006 - HOLDER, Fred Lloyd
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FOR RELEASE: July 12, 2006
SUBJECT: GRAND JURY INDICTMENTS - JULY 2006
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the July 2006 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. Advisory 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.
JIMMY WOODROW EUBANKS, a/k/a WOODY EUBANKS, age 31, of Stilwell, Oklahoma. Bank Fraud. Charges arose from an investigation by the Federal Bureau of Investigation. The defendant allegedly made and caused to be made, false representations and pretenses to Arvest, Armstrong, and BancFirst financial institutions, in order to obtain loans and personal lines of credit from the banks’ branches in Stilwell and Tahlequah. The defendant allegedly obtained loans in the name of customers without their knowledge and consent and also obtained loans in his own name by means of false representations regarding collateral.
(Up to 30 years imprisonment and or up to $1,000,000.00 fines)
JESSE WAYNE HUNNICUTT, age 34 of Muskogee, Oklahoma. Possession with Intent to Distribute Methamphetamine; Possession of Listed Chemical; Carrying of Firearm in Furtherance of Drug Trafficking Crime; and Possession of Unregistered Short Barreled Shotgun. Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and occurred in Muskogee County. The defendant allegedly possessed with intent to distribute in excess of fifty (50) grams of a substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance. He is also charged with possessing Red Phosphorus and Iodine, each being a listed chemical as defined in Title 21, United States Code, Section 802, used to manufacture Methamphetamine. The defendant is also alleged to have carried and possessed a .22 caliber pistol in the furtherance of a drug trafficking crime. He is also alleged to have possessed a Mossberg shotgun, with a barrel of less than 18 inches in length, which was not registered to the defendant.
(Up to 40 years imprisonment and or up to $2,000,000.00 fines)
KATRINA MARIE RODGERS, age 28, PHILLIP GAIL SLADE, JR., age 28, both of Oklahoma City, Oklahoma, and JONATHAN CAVENAUGH BELL, age 24, of Bethany, Oklahoma. Conspiracy to Possess with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Cocaine; Possession with Intent to Distribute Marijuana; Possession of Firearm in Furtherance of Drug Trafficking Crime. RODGERS and SLADE were also charged with Felon in Possession of Firearm. Charges arose from an investigation by District 18 (Pittsburg County) Task Force Office. The defendants allegedly were part of a conspiracy to obtain quantities of methamphetamine, cocaine, and marijuana and transported these controlled substances to the Eastern District of Oklahoma for the purpose of distribution in the district. Defendants were also alleged to be in possession of an OMC brand, .380 caliber semi-automatic pistol.
(Up to 40 years imprisonment and or up to $2,000,000.00 fines)
LADON NORMAN, age 35, of Pauls Valley, Oklahoma. Abusive Sexual Contact. The charges arose from an investigation by the Federal Bureau of Investigation. The defendant allegedly engaged in sexual contact with a person who was at least 12 years old but had not reached 16 years old at the time of the offense.
(Up to 15 years imprisonment and or up to $25,000.00 fines)
DARLA KAY SMITH, a/k/a DARLA KAY HUDDLESTON, age 47, of Sulphur, Oklahoma. Embezzlement and Theft from Indian Tribal Organizations. The charges arose from an investigation by the Federal Bureau of Investigation. The defendant was an employee of the Kialegee Tribal Town, and is alleged to have embezzled approximately $60,000.00 from the Okemah Smoke Shop.
(Up to 5 years imprisonment and or up to $250,000.00 fines)
LISA DAWN CHECOTAH, age 31, and BRIAN ARNOLD, both of Okmulgee, Oklahoma. Theft by Officers or Employees of Gaming Establishments on Indian Lands. The charges arose from an investigation by the Federal Bureau of Investigation. CHECOTAH was the floor manager at the Okmulgee Bingo Hall. It is alleged that the defendants acted conjointly, aiding and abetting one another, and did embezzle, abstract, purloin, willfully misapply, or took or carried away with intent to steal, money, funds, assets, or other property in excess of $1,000.00.
(Up to 10 years imprisonment and or up to $250,000.00 fines)
JOHNNY WAYNE CURRENS, age 68, of Shady Point, Oklahoma. False Federal Income Tax Return. Charges arose from an investigation by the Internal Revenue Service, and occurred in LeFlore County. The defendant allegedly filed, on three separate occasions, individual tax returns for the calendar years of 1999, 2000, and 2001, in which he under reported the amount of gross receipts for his business, Currens Income Tax Service.
(Up to 3 years imprisonment and or up to $100,000.00 fines)
WOODY MICHAEL RIPPETOE, age 50, of Hughes County, Oklahoma. Conspiracy to Possess with Intent to Distribute and Distribute Methamphetamine and Marijuana; Possession with Intent to Distribute and Distribution of Methamphetamine; Conspiracy to Launder Money; Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity; Use of Communication Facility in Causing or Facilitating the Commission of Felonies Under the Controlled Substance Act; Felon in Possession of a Firearm; and Forfeiture – Drug Violations. The charges arose from an investigation by the Drug Enforcement Administration. The defendant allegedly conspired to distribute and caused to be distributed controlled substances in and around Hughes, Pontotoc, Pottawattomie, Pittsburg, and Seminole Counties in the Eastern District of Oklahoma. RIPPETOE allegedly purchased assets with drug proceeds through structured financial transactions in order to avoid the detection of his illegal income.
(Up to life imprisonment and or up to $4,000,000.00 fines)
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FOR RELEASE: July 14, 2006
SUBJECT: DEARCOS, Isaias Zuniga
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that ISAIAS ZUNIGA DEARCOS, age 47, of Oxnard, California, pled guilty to Possession with Intent to Distribute Cocaine and Possession with Intent to Distribute Cocaine Base (Crack Cocaine). The defendant’s plea was accepted in the United States District Court for the Eastern District of Oklahoma, at Muskogee, by United States Magistrate Judge Kimberly E. West.
“The offenses took place in McIntosh County in February 2006, and were investigated by the Drug Enforcement Administration,” reported U.S. Attorney Sheldon J. Sperling. “The defendant was in possession with the intent to distribute 13 kilos of Cocaine and 42.9 kilos of Cocaine Base (crack cocaine), both Schedule II Controlled Substances.”
The defendant remains in custody. Sentencing will be scheduled at a later date after the completion of a presentence investigation. DEARCOS faces a maximum sentence of up to life imprisonment and or up to $8,000,000.00 in fines.
Assistant United States Attorney Dean Burris represented the government at today’s plea hearing.
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FOR RELEASE: July 17, 2006
SUBJECT: VALDIVIA, Samuel
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced that Chief United States District Judge James H. Payne ordered the continued detention of the defendant, SAMUEL VALDIVIA, pending trial.
“This matter came on for consideration of the defendant VALDIVIA’S appeal of a detention order entered May 5, 2006,” reported U.S. Attorney Sperling. “The order had been entered by United States Magistrate Judge Kimberly E. West, pursuant to federal statutes concerning detention prior to trial.”
“The court’s order cited a rebuttable presumption that ‘no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.’ In cases that involve ‘an offense for which the maximum term of imprisonment of ten years or more is prescribed [under federal law],’ the presumption is that no conditions of release will reasonably assure the safety of the community. In this case, the defendant failed to shoulder his burden to overcome the presumptions.”
“A hearing was held on the defendant’s appeal of the original detention order. Chief United States District Judge Payne conducted a de novo review of the record, as required by law,” continued U.S. Attorney Sperling. “Assistant United States Attorney Mike Littlefield represented the United States. Attorney Carl Hughes represented the defendant. The court observed the defendant is charged with very serious offenses, but further acknowledged that ‘the risk that a defendant will continue to engage in drug trafficking constitutes a danger to the safety of any other person or the community.’ The court also observed the defendant is clearly presumed innocent of the charges. However, a grand jury has found probable cause that the defendant was involved in a conspiracy to distribute cocaine.”
“In short, the court ordered the continued detention of the defendant VALDIVIA pending trial. The court’s order was based upon the length of the drug conspiracy alleged, the amounts of controlled substances alleged in the indictment, and the complexity of the international distribution network. Accordingly, the court found that the defendant failed to debut the statutory presumption with regard to detention.”
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FOR RELEASE: July 18, 2006
SUBJECT: HEAVENER, OKLAHOMA ARRESTS
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that arrests were made this morning, Tuesday, July 18, 2006, in the Heavener, Oklahoma area of LeFlore County.
“Three Federal arrests were executed for Possession with Intent to Distribute Methamphetamine and twelve State of Oklahoma arrests were made for additional drug charges,” U.S. Attorney Sperling reported. “The Federal arrests were made pursuant to a Complaint or preliminary charge,” U.S. Attorney Sperling reported. “The defendants will be subject to federal court proceedings in the coming days and weeks.”
“During the arrests today, officers seized quantities of methamphetamine and numerous firearms,” relayed U.S. Attorney Sperling.
“The investigation, which began in January 2005, targeted methamphetamine traffickers in the Heavener area of LeFlore County,” U.S. Attorney Sperling continued. “Investigative efforts were led by the District Attorney’s Drug Task Force for District 16 (LeFlore County), Oklahoma Bureau of Narcotics, Drug Enforcement Administration, and the United States Forest Service, with assistance from the LeFlore County Sheriff’s Office, Poteau Police Department, Pocola Police Department, Heavener Police Department, Polk County Sheriff’s Office in Polk County, Arkansas, the 18 West Judicial District Drug Crime Task Force, Polk County, Arkansas, Oklahoma Highway Patrol, Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and Immigration & Customs Enforcement.”
“Since January 2005, officers conducted surveillance, made undercover drug purchases, and used other techniques to gather evidence in this investigation,” commented U.S. Attorney Sperling. “The success of the investigation would not have been possible without the professional commitment to the law enforcement mission displayed by all of these local, state, and federal agencies.”
U.S Attorney Sheldon Sperling further observed, “This investigation and resulting arrests reflect the dedication of the law enforcement community to the Eastern District’s Project Safe Neighborhoods initiative. The Department of Justice utilizes Project Safe Neighborhoods to target our most serious drug and gun offenders for federal prosecution, by simultaneously bringing local, state, and federal authorities to bear upon those who bring dangerous and unlawful drugs into our communities. Today’s arrests stand as a striking example of what can be accomplished when agents at all levels of government work together for the good of their communities.”
Farley Ward, District Attorney for LeFlore and Latimer Counties provided the following details of the investigation. In the fall of 2004, District 16 District Attorney’s Drug Task Force began to investigate methamphetamine ICE trafficking in LeFlore County. In January 2005, the Task Force was joined by the Oklahoma Bureau of Narcotics, U.S. Forest Service, DEA, Poteau Police Department, Oklahoma State Bureau of Investigation, and the Polk County Arkansas Sheriff’s Department. An organized cell of narcotics traffickers was identified. Undercover agents were used and large quantities of methamphetamine ICE were purchased in and around the town of Heavener in LeFlore County. “During the course of the investigation, officers found that over a quarter of a million dollars in methamphetamine was being trafficked in LeFlore County in approximately a month’s time,” stated D.A. Ward.
“Methamphetamine is an evil drug that has left a path of destruction in communities all across the United States. Combating meth production and trafficking is a top priority for law enforcement, nationwide. This investigation is a prime example of federal, state, and local agencies working together to halt those responsible for and profiterring from the spread of this vicious drug,” noted Mark Woodward, spokesperson for the Oklahoma Bureau of Narcotics.
“Methamphetamine has the ability to destroy entire communities,” commented Mike Dromgoole, Acting Special Agent in Charge of the Drug Enforcement Administration. “The victims are often children, unsuspecting neighbors and families who live in neighborhoods where meth dealers pedal their poison. Methamphetamine can strangle a small community such as Heavener. DEA is proud to be a part of the law enforcement efforts that have helped to free this area of drug dealers who tried to take this community as their own.”
“Under the law, all defendants are presumed innocent of all charges until their guilt is proved beyond a reasonable doubt in a court of law,” stated U. S. Attorney Sperling.
Assistant United States Attorneys Dennis Fries and Rob Wallace represent the government in this matter.
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FOR RELEASE: July 20, 2006
SUBJECT: LAYMAN, Clonnie Alonzo; and NGUYEN, Hong Son; a/k/a NGUYEN, Sonny; a/k/a NGUYEN, Son Hong
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that after four days of trial, in the United States District Court for the Eastern District of Oklahoma, at Muskogee, Oklahoma, CLONNIE ALONZO LAYMAN, age 63, of Eufaula, Oklahoma, and HONG SON NGUYEN, a/k/a Sonny Nguyen, a/k/a Son Hong Nguyen, age 42, of Oklahoma City, were found guilty of Conspiracy to manufacture, possess with the intent to distribute and distribute methamphetamine. Defendant LAYMAN was also found guilty of possession with intent to distribute methamphetamine, attempt to manufacture methamphetamine, felon in possession of a firearm, possession of firearm in furtherance of a drug trafficking crime, and possession of an unregistered firearm.
The charges arose from an investigation by the Cherokee Nation Marshal Service, Oklahoma Bureau of Narcotics, Drug Enforcement Administration, assisted by Cherokee County Sheriff’s Office, Tahlequah Police Department, and the Muscogee (Creek) Nation Lighthorse.
“LAYMAN used his commercial welding business as a mechanism for purchasing large quantities of anhydrous ammonia,” commented U.S. Attorney Sheldon J. Sperling. “Large quantities of over-the-counter medications containing pseudoephedrine were acquired through his co-defendant, NGUYEN, who owns a convenience store in Oklahoma City.”
“LAYMAN developed a pool of methamphetamine manufacturers, and together they developed a number of locations at which methamphetamine could be manufactured. LAYMAN supplied the materials and they all “cooked” the meth, paying LAYMAN with finished product. The product was then disseminated to numerous parties for further distribution to users of the illicit drug,” continued U.S. Attorney Sperling.
“This network of meth manufacturing and distribution is perhaps the largest in Oklahoma,” remarked U.S. Attorney Sheldon J. Sperling. “We are grateful to the law enforcement officers and agents who, through diligent investigative efforts over an extended period of time, brought an end to this deadly drug operation.”
Sentencing will be scheduled at a later date after the completion of a presentence investigation. The Honorable Joe Heaton, District Judge, ordered the defendants to remain in custody pending sentencing. Assistant United States Attorneys Rob Wallace and Chris Wilson represented the United States at the trial.
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FOR RELEASE: July 21, 2006
SUBJECT: NORMAN, Glen Ladon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that GLEN LADON NORMAN, age 35, of Pauls Valley, Oklahoma, was arraigned today before U.S. Magistrate Judge Steven P. Shreder. NORMAN was indicted for Abusive Sexual Contact on July 12, 2006.
The charges arose from an investigation by the Federal Bureau of Investigation. The defendant allegedly engaged in sexual contact with a person who was at least 12 years old but had not reached 16 years old at the time of the offense.
NORMAN was released on $10,000.00 unsecured bond with supervision under restrictive conditions, including undergoing mental health treatment, no contact with the victim or witnesses in this case, and no contact with children under the age of 18, at schools, malls, parks, or other places children congregate. NORMAN was also restricted from leaving the Eastern and Western Districts of Oklahoma without permission, and ordered to have no contact with firearms, no excessive use of alcohol, and no use of illegal drugs.
Trial in this matter is set for September 11, 2006. The defendant faces up to 2 years imprisonment and or up to $250,000.00 in fines.
Assistant United States Attorney Dennis Fries represented the government at today’s arraignment.
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FOR RELEASE: July 21, 2006
SUBJECT: RIPPY, Shanna Paige; a/k/a GRAHAM, Judith A.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that SHANNA PAIGE RIPPY, a/k/a JUDITH A. GRAHAM, age 32, of Mead, Oklahoma, was sentenced to thirty (30) months in prison, twelve (12) months supervised release, and a $100 mandatory special assessment.
“RIPPY pled guilty to one count of Misprision of a Felony on March 27, 2006,” reported U.S. Attorney Sheldon J. Sperling. “Prior to her plea, RIPPY was a defendant in the CLONNIE ALONZO LAYMAN case that ended in guilty verdicts on July 20th. The court found that defendant RIPPY failed to report a conspiracy to manufacture, possess with the intent to distribute and distribute methamphetamine, of which she was aware.”
Charges arose from an investigation by the Cherokee Nation Marshal Service, Oklahoma Bureau of Narcotics, Drug Enforcement Administration, assisted by Cherokee County Sheriff’s Office, Tahlequah Police Department, and the Muscogee (Creek) Nation Lighthorse.
Today’s sentencing of RIPPY was before The Honorable James H. Payne, Chief U.S. District Judge for the United States District Court for the Eastern District of Oklahoma, in Muskogee. Assistant United States Attorney Rob Wallace represented the government at the sentencing.
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FOR RELEASE: July 21, 2006
SUBJECT: ROBINSON, Glenn Vincent
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced that GLENN VINCENT ROBINSON, age 42, of Adair County, Oklahoma was resentenced today in the United States District Court for the Eastern District of Oklahoma, at Muskogee. U.S. District Senior Judge James H. Payne presided over today’s sentencing.
“The United States Court of Appeals for the Tenth Circuit upheld and affirmed the defendant’s convictions for two counts of attempted manufacture of methamphetamine and two counts of possession of a firearm in furtherance of a drug trafficking offense,” explained U.S. Attorney Sperling. “The Court remanded the case back to the District Court for resentencing, due to changes in federal sentencing guideline law.”
“The original sentence was 555 months in federal prison, ordered by Judge Payne in April 2004,” reported U.S. Attorney Sperling. “Today, using the United States Sentencing Guidelines as an advisory guideline, Judge Payne ordered the defendant resentenced to forty (40) years in prison."
"As with other federal sentences, the prison term will be served without parole," U.S. Attorney Sperling observed. “The sentence for one of the gun crimes was reduced by Congress from ten years to five years, so the Court entered a five year sentence on that count.”
United States Attorney Sheldon J. Sperling and First Assistant United States Attorney Robert Gay Guthrie tried the case for the United States. FAUSA Guthrie represented the United States at the resentencing today.
“At the end of the day, the defendant was sentenced to a total of 40 years in prison without parole, for drug and gun crimes. The message is clear – commit a federal gun crime, and you will do a serious amount of prison time,” noted U. S. Attorney Sperling.
ROBINSON was convicted on December 5, 2003 after a one week jury trial for two counts of attempting to manufacture methamphetamine and two counts of carrying and possessing firearms during and in relation to and in furtherance of drug trafficking crimes. “A special verdict was rendered that the first attempt involved more than 50 grams of pure meth and more than 500 grams of a mixture or substance containing meth,” U.S. Attorney Sperling recalled.
“On March 22, 2002, ROBINSON had been the subject of a Stilwell police traffic stop which netted four chamber-loaded firearms and an extensive meth lab in the bed of his truck.”
“On March 21, 2003, after defendant’s release on bond and during the time a failure to appear Adair County bench warrant was outstanding, ROBINSON lay low in a wooded Nicut area in Sequoyah County.”
An off-duty highway patrolman and two companions were riding four-wheelers on a county road in search of hunting areas. They spotted a truck stuck in the mud in a clearing by the nearby woods and stopped to see if they could render assistance. They encountered ROBINSON at his secluded camp site. During an ensuing conversation, the trooper developed probable cause, unloaded the defendant’s 30 caliber M-1 rifle, won a struggle over a nearby satchel, which was later found to contain a loaded pistol, and held the defendant at bay while a friend summoned the law. An array of meth equipment, chemical and product was seized.
The joint investigation was conducted by the Stilwell Police Department, Sequoyah County Sheriff’s Office, Oklahoma Highway Patrol, Oklahoma State Bureau of Investigation and Drug Enforcement Administration.
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FOR RELEASE: July 24, 2006
SUBJECT: COCKFIGHTING ARRESTS MADE - GACHOT, Shan
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that on Saturday, July 22, 2006, at approximately 1:00 PM, federal agents, assisted by state troopers, served a search and arrest warrant at a cockfighting facility located on an Indian trust allotment south of Carnegie, Oklahoma. The cockfighting investigation is being led by the United States Attorney’s Office for the Eastern District of Oklahoma after the United States Attorney’s Office for the Western District of Oklahoma recused due to a conflict of interest.
Shan Gachot, age 42, was arrested on federal felony charges of Sponsoring and Exhibiting Fighting Cocks Transported in Interstate Commerce and Instigating and Providing a Pit for Cockfighting. Federal law outlaws animal fighting, whether or not the fight is held on Indian Country. Oklahoma’s Anti-Cockfighting Law is applicable in Indian Country pursuant to the Assimilative Crimes Act and the Indian Crimes Act.
Citations were issued to approximately 70 people for the federal misdemeanor offense of being a Spectator at a Cockfight in Indian Country. Several persons were also cited for the federal misdemeanor offense of sponsoring, exhibiting or transporting animals for participation in an animal fighting venue. Those persons cited with misdemeanor offenses will appear to answer the charges on August 2, 2006, before a United States Magistrate Judge in Lawton, Oklahoma. Fifteen (15) illegal aliens were also taken into federal custody.
Pursuant to a federal court order, all 145 game fowl were euthanized at the scene by veterinary professionals from the United States Department of Agriculture.
The operation included agents from the Bureau of Indian Affairs (BIA), Federal Bureau of Investigation (FBI), Bureau of Immigration and Customs Enforcement (ICE), Department of Agriculture (USDA), and the Oklahoma Highway Patrol (OHP).
Prosecutors declined to comment on the on-going investigation, except to caution that the charges are not evidence of guilt and that a defendant is presumed to be innocent until and unless proven guilty.
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FOR RELEASE: July 25, 2006
SUBJECT: COPEMAN, Eddie Kay; and BLUNT, Romonia Kay
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that the Tenth Circuit Court of Appeals has affirmed the federal convictions of EDDIE KAY COPEMAN, age 53, and ROMONIA KAY BLUNT, age 33, both formerly of Keota, Oklahoma.
COPEMAN and BLUNT were found guilty in August 2003, and sentenced in December 2003 in the United States District Court for the Eastern District of Oklahoma, at Muskogee, by U.S. District Judge James H. Payne.
“COPEMAN was sentenced to a total term of 360 months imprisonment, five (5) years supervised release and $700 Special Monetary Assessment,” recalled U.S. Attorney Sheldon J. Sperling. “BLUNT was sentenced to a term of 151 months imprisonment, 36 months supervised release and $100 Special Monetary Assessment.”
“COPEMAN and BLUNT were found guilty of Conspiracy to manufacture, possess with intent to distribute and distribute methamphetamine, with a special verdict that the crime involved more than 500 grams of methamphetamine,” continued U.S. Attorney Sperling. “COPEMAN was also found guilty of three counts of possession with intent to distribute methamphetamine, with special findings of more than 5 grams, more than 5 grams and more than 500 grams, respectively; maintaining a place for distribution and use of methamphetamine; and two counts of possession of an unregistered firearm, a sawed-off shotgun and sawed-off rifle.”
“The defendants’ appellate claims of error were all rejected,” U.S. Attorney Sheldon J. Sperling reported. “The Tenth Circuit Court of Appeals found that law enforcement officers properly observed the Fourth Amendment search and seizure requirements, the search warrants were properly served, and evidence was properly seized.”
The charges resulted from an investigation by the District Attorney’s District 18 Drug Task Force, Haskell County Sheriff’s Office, Oklahoma State Bureau of Investigation, Oklahoma Highway Patrol, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorneys Jeffrey A. Gallant and Ryan Roberts represented the government during the trial in which the defendants were represented by veteran defense lawyers. “Although the defendants claimed otherwise, the appellate court found that prosecutors conducted themselves properly and the district court correctly sentenced COPEMAN and BLUNT,” U.S. Attorney Sperling concluded. “In short, the defendants were given a fair trial.”
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FOR RELEASE: July 26, 2006
SUBJECT: ROSEBURR, Deborah Ann
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that on July 25, 2006, DEBORAH ANN ROSEBURR, age 49, of Boley, Oklahoma, pled guilty to Misappropriation of Postal Funds.
The charge arose from an investigation by the United States Postal Service regarding misappropriation of Postal funds and money orders in the approximate amount of $4,532.83. ROSEBURR was serving in the official employment duties as Postmaster Leave Replacement at the Boley Post Office.
Sentencing will be scheduled at a later date after the completion of a presentence investigation. The defendant faces up to one year in prison, one year supervised release, restitution of up to $4,532.83, up to a $100,000 fine, and a $100 special assessment fee.
The change of plea hearing was before the Honorable Kimberly E. West, Magistrate Judge for the United States District Court for the Eastern District of Oklahoma in Muskogee. Assistant Untied States Attorney Paul G. Hess represented the government at the hearing.
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FOR RELEASE: July 31, 2006
SUBJECT: HOLDER, Fred Lloyd
MUSKOGEE, OKLAHOMA - U. S. Attorney Sheldon J. Sperling announced today that an Order of detention has been entered in this case. FRED LLOYD HOLDER sought release pending retrial. HOLDER’S motion was heard on July 25, 2006 in the United States District Court for the Eastern District of Oklahoma, and taken under advisement until today's ruling.
“Judge Frank H. Seay, Senior United States District Judge, denied HOLDER’S motion for review of the Magistrate Judge’s detention order,” reported United States Attorney Sperling. “Judge Seay found that detention was warranted, citing the seriousness and violent nature of the defendant’s crimes.”
“Over six years ago, the defendant faced a federal trial for a killing that occurred on September 23, 1999,” U.S. Attorney Sperling said. “The district court order included the following findings.”
On September 23, 1999, the defendant shot and killed an adjoining land owner in Choctaw County.
On March 9, 2000, the defendant was convicted by a federal jury of second degree murder and impeding a federal officer, a Department of Agriculture District Conservationist. The officer and the victim had been flagging a boundary that was to be fenced between property owned by the defendant and property on which the Department of Agriculture maintained an easement.
On November 14, 2000, the District Court sentenced the defendant to 168 months in prison for second degree murder. The Court also imposed a 60-month concurrent prison sentence for impeding a federal officer.
On July 10, 2001, the defendant’s convictions were affirmed by the Tenth Circuit Court of Appeals. The defendant then filed a motion to vacate his convictions. Defendant alleged that he received ineffective assistance of counsel. He criticized his lawyers’ failure to call an eye-witness at trial, his lawyers’ closing argument, his lawyers’ lack of preparation and investigation, and asserted accumulative error.
“The District Court rejected the defendant’s claims that his trial attorneys were deficient for failure to conduct an adequate pretrial investigation, failure to raise jurisdictional and venue issues, failure to contest the court’s denial of bond, failure to adequately prepare Holder to testify, failure to vigorously challenge and cross examine a government witness, failure to file post-trial motions, and a presentation of ‘nonsensical’ and ‘jumbled’ closing argument,” U.S. Attorney Sperling noted. “The Court found ‘no basis for a finding of ineffective assistance of counsel on these additional grounds.’”
On June 21, 2006, District Court found the defendant was rendered ineffective assistance of counsel on two grounds. The District Court found counsel failed to make an informed decision about whether to call an eye-witness to testify at trial, and also failed to consult with or employ expert witnesses who may have contradicted certain government experts – a forensic pathologist and an OSBI criminalist.
“This decision has been the subject of review by Main Justice officials,” stated U.S. Attorney Sperling. “The order granting a new trial is being appealed to the Tenth Circuit Court of Appeals.”
“The defendant’s assertions of error were contested,” U.S. Attorney Sperling said. “We will continue to pursue the prosecutorial options which are available.
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