PRESS RELEASES - NOVEMBER 2007
November 01, 2007 - HARRISON, Alvin Lee
a/k/a HARRISON, Rocky
November 01, 2007 - HELTON, Corey
November 01, 2007 - PAYNE, John August
November 02, 2007 - THOMPSON, Andron Dyshaun
a/k/a POSEY, Andron Dyshaun
WHITE, Larry Lamar
November 07, 2007 - FEDERAL GRAND JURY INDICTMENTS - NOVEMBER 2007:
COVINGTON, James Lee
DEFFEBAUGH, Benjamin
EDWARDS, Ernest
FORD, Prentice
MAKERNEY, Coke Douglas
POWELL, Wayne Lavern
RIGGINS, Christopher James
THOMPSON, Andron D.
a/k/a POSEY, Andron Dyshaun
WHITE, Larry Lamar
WAGES, Ernest
November 07, 2007 - CAMERON, Terry David
November 07, 2007 - JORDAN, Garland
November 07, 2007 - RHEA, Laurence Robert
November 07, 2007 - UNGER, Greg
November 09, 2007 - JOLLY, Latron Nitchell
November 09, 2007 - SCHAEFER, Harold Todd
November 19, 2007 - FRY, Michael
FRY, Shannon
November 20, 2007 - ORR, Djuan Jahmar
November 20, 2007 - HOLDER, Fred Lloyd
November 26, 2007 - MACCHIRELLA, Jared
November 28, 2007 - HUTCHINSON, Matt Cole
a/k/a NIXON, Cole
November 28, 2007 - SANDS, Stephanie Jane
November 28, 2007 - SPENCER, Linda Ruth
November 29, 2007 - CARVER, April
November 29, 2007 - HIDER, Clint Lee
November 29, 2007 - MAKERNEY, Coke Douglas
November 29, 2007 - PLANK, Roger Dale
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FOR RELEASE: November 01, 2007
SUBJECT: HARRISON, Alvin Lee; a/k/a HARRISON, Rocky
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALVIN LEE HARRISON a/k/a ROCKY HARRISON, age 30, of Okmulgee, Oklahoma, pled guilty to Possession with Intent to Distribute and Distribution of Cocaine Base a/k/a Crack Cocaine, in violation of Title 21 U.S.C. Sections 841(a)(1) and (b)(1)(C).
“Charges arose from an investigation by the Drug Enforcement Administration. On February 27, 2007, HARRISON had in his possession and intended to distribute 3.4 grams of crack cocaine. On October 30, 2007 a one count felony information was filed charging HARRISON with possessing and distributing cocaine base,” stated 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 is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to 20 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling.
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: November 01, 2007
SUBJECT: HELTON, Corey
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that COREY HELTON, age 21, of Muskogee, Oklahoma, pled guilty to Possession with Intent to Distribute and Distribution of Methamphetamine, in violation of Title 21 U.S.C. Sections 841(a)(1) and (b)(1)(B).
“Charges arose from an investigation by the Drug Enforcement Administration. On May 4, 2007, HELTON had in his possession and intended to distribute 11.08 grams of methamphetamine. On October 30, 2007 a one count felony information was filed charging HELTON with possessing and distributing methamphetamine,” stated 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 is in the custody of the United States Marshal Service.”
“The statutory range of punishment is not less than five nor more than 40 years imprisonment and/or up to $2,000,000.00 in fines,” stated U.S. Attorney Sperling.
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: November 01, 2007
SUBJECT: PAYNE, John August
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that JOHN AUGUST PAYNE, age 35, of Haskell, Oklahoma, was sentenced for Possession of Stolen Firearms.
“PAYNE was sentenced to110 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Muskogee County Sheriff’s Office and the Haskell Police Department. On the 8th day of January, 2007, PAYNE possessed numerous firearms, knowing that the firearms were stolen,” stated U.S. Attorney Sheldon J. Sperling.
“On January 8, 2007, a Haskell Police officer performed a traffic stop on a vehicle belonging to co-defendant, JOHN KEVIN BLAIR, and being driven by PAYNE. Pursuant to policy, the truck was inventoried and impounded. During the inventory, handguns were found in the cab of the truck,” recalled 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 custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: November 02, 2007
SUBJECT: THOMPSON, Andron Dyshaun; a/k/a POSEY, Andron Dyshaun; and WHITE, Larry Lamar
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ANDRON DYSHAUN THOMPSON a/k/a ANDRON DYSHAUN POSEY, age 19, of Ardmore, Oklahoma, and LARRY LAMAR WHITE, age 19, also of Ardmore, Oklahoma were charged in the United States District Court for the Eastern District with Interference with Commerce by Robbery, a violation of Title 18, United States Code, Sections 1951 and 2.
“The defendants are charged in a Criminal Complaint filed today as a result of an investigation by the Ardmore Police Department and the Federal Bureau of Investigation,” stated U.S. Attorney Sheldon J. Sperling.
“The Affidavit attached to the Criminal Complaint alleges that on June 29, 2007, the Ardmore Police Department responded to reports of an armed robbery in progress at the Grandy’s Restaurant in Ardmore. THOMPSON and WHITE entered the restaurant through the drive-thru window. Officers observed the defendants removing money from the cash registers. Officers also saw that the defendants had used duct tape to bind the hands and feet of the manager, a teenage employee and three minor children who were at the restaurant at the time of the robbery. Duct tape was also used to cover the mouths of the victims. Officers also observed THOMPSON pointing a pistol at the manager,” stated U.S. Attorney Sperling.
"The defendants surrendered to police and were apprehended outside the restaurant. A Ruger .45 caliber pistol was found inside the restaurant. Money was found on each defendant,” stated U.S. Attorney Sheldon J. Sperling.
“The defendants are currently in custody in the Carter County Jail and will be transported to Muskogee to appear in federal court,” added U.S. Attorney Sperling.
“Assistant United States Attorney Christopher J. Wilson is representing the government.”
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FOR RELEASE: November 07, 2007
SUBJECT: FEDERAL GRAND JURY INDICTMENTS - NOVEMBER 2007: COVINGTON, James Lee; DEFFEBAUGH, Benjamin; EDWARDS, Ernest; FORD, Prentice; MAKERNEY, Coke Douglas; POWELL, Wayne Lavern; RIGGINS, Christopher James; THOMPSON, Andron D.; a/k/a POSEY, Andron Dyshaun; WHITE, Larry Lamar; and WAGES, Ernest
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the November, 2007 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.
JAMES LEE COVINGTON, age 34, of Hugo, Oklahoma. Felon in Possession of Firearm and Possession of Unregistered Firearm. Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. On or about the 20th day of January, 2007, COVINGTON, after having been convicted of a crime punishable by imprisonment for a term in excess of one (1) year, allegedly possessed firearms. One of the firearms COVINGTON allegedly possessed, a 12 gauge shotgun with a barrel of less than 18 inches in length and an overall length of less than 26 inches, was not registered to him in the National Firearms Registration and Transfer Record as required. The charges are in violation of Title 18 U.S.C. Section 922(g)(1), Title18 U.S.C. Section 924(a)(2) and Title 26, U.S.C., Sections 5845, 5861(d) and 5871.
(Up to ten years imprisonment and/or up to $250,000.00 in fines as to the first count and up to ten years imprisonment and/or up to $10,000.00 in fines as to the second count)
Assistant United States Attorney Christopher J. Wilson.
BENJAMIN DEFFEBAUGH, age 30, of Summit, Oklahoma. Three counts of Possession with Intent to Distribute and Distribution of Cocaine Base a/k/a “Crack” Cocaine, a Schedule II Controlled Substance. Charges arose from an investigation by the Drug Enforcement Administration. Beginning on or about May 30, 2007, through October 5, 2007, on three separate occasions, DEFFEBAUGH allegedly possessed with intent to distribute and distributed in excess of five grams of a mixture or substance containing a detectable amount of cocaine base, also known as “crack” cocaine, a Schedule II controlled substance. The charges are in violation of 21, U.S.C. Section 841(a)(1) & (b)(1)(B).
(Not less than five nor more than 40 years imprisonment and/or up to $2,000,000.00 in fines for each count)
Assistant United States Attorney Rob Wallace.
ERNEST EDWARDS, age 43, of Muskogee, Oklahoma. Possession with Intent to Distribute and Distribution of Cocaine Base a/k/a “Crack” Cocaine, a Schedule II Controlled Substance. Charges arose from an investigation by the Drug Enforcement Administration. On or about May 23, 2007, EDWARDS allegedly possessed with intent to distribute and distributed in excess of fifty grams of a mixture or substance containing a detectable amount of cocaine base, also known as “crack” cocaine, a Schedule II controlled substance. The charges are in violation of Title 21, U.S.C., Section 841(a)(1) & (b)(1)(A)(iii).
(From ten years to life imprisonment and/or up to $4,000,000.00 in fines)
Assistant United States Attorney Rob Wallace.
COKE DOUGLAS MAKERNEY, age 48, of Sawyer, Oklahoma. Deprivation of Rights Under Color of Law and Possession of Firearm During Commission of a Felony. Charges arose from an investigation by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation. On or about May 25, 2007, MAKERNEY, then Police Chief of Sawyer, Oklahoma, while acting under color of law, and while carrying a firearm, allegedly sexually assaulted a female motorist depriving her of her rights and privileges which are protected and secured by the Constitution and laws of the United States, namely the right not to be deprived of liberty without due process of law, which includes the right to bodily integrity. This alleged assault involved aggravated sexual abuse or attempted aggravated sexual abuse and resulted in bodily injury. The charges are in violation of Title 18, U.S.C., Section 242 and Title 18, U.S.C., Section 924(c)(1)(A).
(Up to 10 years imprisonment and/or up to $250,000.00 in fines as to the first count and five consecutive years imprisonment and/or up to $250,000.00 in fines as to the second count)
Assistant United States Attorney Paul G. Hess.
WAYNE LAVERN POWELL, age 37, of Bixby, Oklahoma. Two counts of False Statements. Charges arose from an investigation by the United States Department of Defense. On or about July, 2007, within the jurisdiction of the Department of Defense, POWELL allegedly made a false, fraudulent, and fictitious material statement and representation; that while being employed as a law enforcement officer with the Muscogee Nation he falsified time sheets to indicate that he was on active military duty with the Oklahoma National Guard while he was in fact not present for military duty. On or about the 22nd day of August, 2006, within the jurisdiction of the Muscogee Nation, POWELL, allegedly made a false, fraudulent, and fictitious material statement and representation; that he received a Bachelor of Science degree in Criminal Justice from Excelsior College, and received an increase in annual salary due to the fictitious representation. The charges are in violation of Title 18, U.S.C., Section 1001.
(Up to five years imprisonment and/or up to $250,000.00 in fines for each count)
Assistant United States Attorney Ryan M. Roberts.
CHRISTOPHER JAMES RIGGINS, age 23, of Ada, Oklahoma. False Statement. Charges arose from an investigation by the Federal Bureau of Investigation. On or about October 4, 2005, within the jurisdiction of the United States Department of Treasury, RIGGINS allegedly made a false and fictitious material statement and representation, in that the defendant made false claims that he was a victim of Hurricane Rita and entitled to assistance. The charge is in violation of Title 18, U.S.C., Section 1001.
(Up to five years imprisonment and/or up to $250,000.00 in fines)
Assistant United States Attorney Ryan M. Roberts.
ANDRON D. THOMPSON a/k/a ANDRON DYSHAUN POSEY, age 19, and LARRY LAMAR WHITE, age 19, both of Ardmore, Oklahoma. Interference with Commerce by Robbery and Possession, Carry and Brandishing of a Firearm During a Crime of Violence. Charges arose from an investigation by the Ardmore Police Department and the Federal Bureau of Investigation. On June 29, 2007, THOMPSON and WHITE, while each aiding and abetting the other, allegedly robbed Grandy’s Restaurant in Ardmore, Oklahoma. During the robbery the defendants possessed, carried and brandished a firearm.
The charges are in violation of Title 18, U.S.C., Section 1951, Title 18, U.S.C., Title 18, U.S.C., Section 924(c)(1)(A) and Title 18, U.S.C., Section 2.
(Up to 20 years imprisonment and/or up to $250,000.00 in fines as to the first count and up to seven consecutive years imprisonment as the second count)
Assistant United States Attorney Christopher J. Wilson.
ERNEST WAGES, age 53, of Ada, Oklahoma. Receiving a Visual Depiction of a Minor Engaging in Sexually Explicit Conduct and Possession of One or More Visual Depictions of a Minor Engaging in Sexually Explicit Conduct. Charges arose from an investigation by the United States Immigration and Customs Enforcement Agency. On or about July 12, 2005, to on or about May 17, 2007, WAGES allegedly received and possessed visual depictions involving the use of a minor engaging in sexually explicit conduct that had been transported in interstate or foreign commerce by means of a computer. The charges are in violation of Title 18, U.S.C., Section 2252(a)(2), Title 18, U.S.C., Section 2256, and Title 18, U.S.C., Section 2252(a)(4)(B).
(Not less than five nor more than 20 years imprisonment and/or up to $250,000.00 in fines as to the first count and up to ten years imprisonment and/or up to $250,000.00 in fines as to the second count)
Assistant United States Attorney Christopher J. Wilson.
PRENTICE FORD, age 40, of Okmulgee, Oklahoma. Six counts of Possession with Intent to Distribute and Distribution of Cocaine Base a/k/a “Crack” Cocaine, a Schedule II Controlled Substance. Charges arose from an investigation by the Drug Enforcement Administration. From on or about February 27, 2007, to July 12, 2007, on six separate occasions, FORD allegedly possessed with intent to distribute and distributed in excess of five (5) grams of a mixture or substance containing a detectable amount of cocaine base, also known as “crack” cocaine, a Schedule II controlled substance. The charges are in violation of 21, U.S.C. Section 841(a)(1) & (b)(1)(B).
(Not less than five nor more than 40 years imprisonment and/or up to $2,000,000.00 in fines for each count)
Assistant United States Attorney Rob Wallace.
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FOR RELEASE: November 07, 2007
SUBJECT: CAMERON, Terry David
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that TERRY DAVID CAMERON, age 37, of Sallisaw, Oklahoma, was sentenced for Conspiracy in violation of Title 18, United States Code, Section 371.
“CAMERON was sentenced to 26 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment of $100.00. The defendant was order to pay $7,099.00 in restitution,” stated U.S. Attorney Sheldon J. Sperling.
“CAMERON was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation by the United States Secret Service. From October 2006 to November 23, 2006 CAMERON conspired with others to create and pass counterfeit checks in Arkansas and Oklahoma.
CAMERON passed counterfeit checks at federally insured banks in Arkansas. The checks were made by another co-defendant using actual checking account numbers from personal checks which were stolen from mailboxes,” recalled 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 custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Ryan M. Roberts represented the government.”
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FOR RELEASE: November 07, 2007
SUBJECT: JORDAN, Garland
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that GARLAND JORDAN, age 30, of Okmulgee County, Oklahoma, pled guilty to possession with intent to distribute and distribution of cocaine base a/k/a “crack” cocaine, a Schedule II Controlled Substance, in violation of Title 21 U.S.C. Section 841(a)(1) and (b)(1)(C).
“Charges arose from an investigation by the Drug Enforcement Administration. On April 24, 2006, JORDAN had in his possession and intended to distribute crack cocaine. On November 6, 2007, a one count felony information was filed charging JORDAN with possessing and distributing cocaine base,” stated 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 is in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to 20 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling.
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: November 07, 2007
SUBJECT: RHEA, Laurence Robert
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LAURENCE ROBERT RHEA, age 35, of Muskogee, Oklahoma, pled guilty to possession with intent to distribute and distribution of cocaine base a/k/a “crack” cocaine, a Schedule II Controlled Substance, in violation of Title 21 U.S.C. Section 841(a)(1) and (b)(1)(A)(iii).
“Charges arose from an investigation by the Drug Enforcement Administration. On July 7, 2006, RHEA had in his possession and intended to distribute in excess of fifty grams of crack cocaine. On November 6, 2007, a one count felony information was filed charging RHEA with possessing and distributing cocaine base,” stated 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 is in the custody of the United States Marshal Service.”
“The statutory range of punishment is from10 years to life imprisonment and/or up to $4,000,000.00 in fines,” stated U.S. Attorney Sperling
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: November 07, 2007
SUBJECT: UNGER, Greg
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that GREG UNGER, age 27, of Stillwell, Oklahoma, was sentenced for two counts of Possession of an Unregistered Firearm, in violation of 26 U.S.C. Section 5845, and two counts of Making a Firearm, in violation of 26 U.S.C. Section 5845.
“UNGER was sentenced to 121 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $400.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Stilwell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE),” U.S. Attorney Sperling reported. “BATFE agents received a telephone call regarding a potential destructive device located on the underside
of a pickup belonging to Justin Ruben of Stilwell. Ruben was parked at the Fiesta-Mart in Stilwell.”
“The victim was pumping gas into his truck and noticed gas running onto the ground. He checked the leak source and found a wire which had backed out of the gas tank hose. He noticed a broken light bulb attached to the wire and called the Stilwell Police Department.”
“The device was disassembled by the victim and given to the Stilwell police,” noted U.S. Attorney Sheldon J. Sperling. “The next day, the victim was at his residence in Stilwell and, while trying to show a friend where the device had been located, found another similarly positioned device.”
“A BATFE Special Agent also received a call regarding the second potential destructive device on the victim’s blue 1994 Chevy pickup. BATFE agents responded and found wires extending from the pickup starter to the inside of a rubber hose leading to the gas tank. A broken bulb with an active filament was clipped to the starter, grounded to the motor, and wired to the solenoid.”
“BATFE Special Agents later obtained a search warrant for the Stilwell residence where co-defendant APRIL CARVER and UNGER were living. During the search, agents located wire and electrical tape consistent with the devices located on the vehicle.”
“The investigation revealed that both CARVER and UNGER made statements admitting making and planting the devices on Ruben’s vehicle. The investigation also revealed that Ruben and CARVER were involved in a custody dispute and that CARVER had made statements to other persons expressing her desire to have Ruben killed.”
“The destructive devices are considered “firearms” by legal definition. The defendants had no legal authority to make construct the destructive devices, nor were the devices registered with the National Firearms Registration and Transfer Record, as the law requires,” U.S. Attorney Sperling concluded.
“Co-defendant CARVER pled guilty on July 18, 2007. CARVER will be sentenced on November 29, 2007.”
“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 Christopher J. Wilson represented the government.”
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FOR RELEASE: November 09, 2007
SUBJECT: JOLLY, Latron Nitchell
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that LATRON NITCHELL JOLLY, age 31, of Muskogee, Oklahoma, was resentenced for Possession of Cocaine Base with Intent to Distribute, in violation of Title 21 United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii).
"JOLLY was sentenced to 80 months imprisonment, 60 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“JOLLY had previously pled guilty and been sentenced to 120 months imprisonment for possession of cocaine base with intent to distribute. On January 25, 2007, JOLLY filed a petition to vacate his sentence arguing that he was illegally sentenced based on the wrong statutory penalty for the actual crime which he entered a guilty plea. An evidentiary hearing was held on August 17, 2007. The Court vacated his sentence and gave him the opportunity to withdraw his guilty plea. JOLLY did not desire to withdraw his guilty plea. The Court ordered an Addendum to the Presentence Report be prepared reflecting the change in statutory penalty. Today’s sentencing is the result,” stated U.S. Attorney Sperling.
“Although new sentencing guidelines treat crack differently today than before, one thing remains the same – sling “crack” around here and, upon conviction, you are going down . . . hard . . . for a long nonparolable time,” concluded U.S. Attorney Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant remain in custody of the U.S. Marshal to resume serving his sentence. Assistant United States Attorney Ryan M. Roberts represented the government.”
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FOR RELEASE: November 09, 2007
SUBJECT: SCHAEFER, Harold Todd
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that HAROLD TODD SCHAEFER, age 41, of Coweta, Oklahoma, was sentenced for Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g).
“SCHAEFER was sentenced to 180 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. Because SCHAEFER had four prior felony convictions for residential burglary, he was considered an armed career criminal under federal law and was sentenced to the mandatory minimum sentence of 15 years,” stated U.S. Attorney Sheldon J. Sperling.
“SCHAEFER had previously pled guilty on July 20, 2007. Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in cooperation with the Wagoner County Sheriff’s Department,” stated U.S. Attorney Sperling.
“SCHAEFER, a convicted felon, purchased a Smith & Wesson .40 caliber pistol from his brother that had been mistakenly delivered to his parent’s residence. SCHAEFER then sold the gun to another party, who contacted Wagoner County Sheriff’s Department upon discovery that the gun was stolen,” continued U.S. Attorney Sheldon J. Sperling.
“This is a big sentencing hit. Why? Because the defendant had previously been convicted four times for second degree burglary. Career offenders, under federal law, are criminals who have previously been convicted of three or more violent or drug felonies. Mere possession of a gun by a career offender is punishable by not less than 15 nonparolable years in prison,” stated U.S. Attorney Sperling.
“The message? If you’ve been convicted of a felony, don’t ever possess a gun,” concluded U.S. Attorney Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant remain in 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: November 19, 2007
SUBJECT: FRY, Michael; and FRY, Shannon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MICHAEL FRY, age 30, and SHANNON FRY, age 34, both of McAlester, Oklahoma, pled guilty to money laundering conspiracy and conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18 U.S.C. Sections 1956(h) and 1957(a), Title 18 U.S.C. Section 371 and Title 18 United States Code Section 1952(a)(3).
“Charges arose from an investigation by the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics, the McAlester Police Department and the Internal Revenue Service. A two-count felony information was filed charging the defendants with conspiring with others to launder money and conspiring with others to travel in interstate commerce to carry on the unlawful activities of possessing and distributing methamphetamine, in excess of 500 grams,” stated U.S. Attorney Sheldon J. Sperling. “The defendants waived indictment and pled guilty.”
“The charging document, to which the defendants pled guilty, alleged that from about 1995 and continuing to July 19, 2007, MICHAEL FRY and SHANNON FRY and others engaged in financial transactions in criminally derived property to further drug business and conceal the true source of assets. The defendants and others used a portion of money derived from the sale of methamphetamine to purchase additional methamphetamine,” U.S. Attorney Sperling stated.
“Additionally, they invested a portion of the proceeds of their illegal drug sales in assets in such a manner to obscure and hide the true source of the money. As part of the conspiracy they purchased assets using currency in such an amount, quantity and form so that the true source of the funds used to purchase the assets were hidden from law enforcement. It was further part of the conspiracy that they titled purchased assets in the names of nominee owners to avoid potential exposure to forfeiture provisions of drug and money laundering statutes in an effort to preserve their ill gotten gains,” stated U.S. Attorney Sperling.
“During the same time period the defendants and others conspired to possess methamphetamine for the intended purpose of distribution. It was part of the conspiracy that the defendants traveled in interstate commerce to purchase methamphetamine,” continued U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendants’ guilty pleas and ordered the completion of presentence reports. Sentencing will be scheduled following their completion. The defendants are in the custody of the United States Marshal Service, pending sentencing.”
“The statutory range of punishment is up to ten (10) years imprisonment and/or fines total¬ing $250,000.00 for money laundering conspiracy and up to five (5) years imprisonment and/or fines totaling $250,000.00 for conspiracy to travel in interstate commerce to carry on unlawful activities,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Dennis A. Fries represented the government.”
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FOR RELEASE: November 20, 2007
SUBJECT: ORR, Djuan Jahmar
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DJUAN JAHMAR ORR, age 38, of Grand Prairie, Texas was found guilty of Possession of Fifteen or More Counterfeit Access Devices and Use of a Counterfeit Access Device after a two-day trial.
“Charges arose from an investigation by the United States Secret Service. The offense took place on August 24, 2007,” stated U.S. Attorney Sheldon J. Sperling.” Assistant United States Attorney Chris Wilson did a remarkable job to prepare for the trial and represent the government at trial.” The jury returned guilty verdicts after only minutes of deliberation.
“Earlier this summer, U.S. Secret Service Special Agents in Dallas, Texas, conducted an investigation into the illegal use of counterfeit credit cards in the Dallas area. As part of that investigation, agents obtained information that ORR was possibly in the City of Ardmore. The agents did not know where ORR was staying, so they displayed his photo at different hotels in the area. The agents fortuitously found him at the Days Inn. Further investigation revealed that ORR had rented the room with a counterfeit credit card. The evidence at trial established that ORR used and presented to the hotel clerk a false driver’s license bearing his photo.
After setting up surveillance on the room, ORR was arrested. Agents entered the hotel room and also arrested co-defendant MAURICE OBIE DIXON. Inside the room, agents discovered 22 counterfeit credit/debit cards,” stated U.S. Attorney Sperling. “DIXON previously pled guilty to also possessing fifteen or more counterfeit access devices and is currently in the custody of the U.S. Marshal awaiting sentencing.”
“According to the Secret Service investigation, ORR is alleged to be responsible for fraudulently obtaining in excess of 500 credit/debit card numbers resulting in a potential loss exceeding $400,000 from the making and use of counterfeit credit/debit cards in the Dallas area,” U.S. Attorney Sperling noted.
“The Honorable Ronald A. White, United States District Judge in the Eastern District of Oklahoma, ordered the defendant remain in custody until sentencing.
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines for each count,” stated U.S. Attorney Sperling.
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FOR RELEASE: November 20, 2007
SUBJECT: HOLDER, Fred Lloyd
MUSKOGEE, OKLAHOMA - U. S. Attorney Sheldon J. Sperling announced today FRED LLOYD HOLDER pled guilty to the charge of Voluntary Manslaughter for the September 23, 1999, killing of a person assisting a federal officer.
Judge Frank H. Seay, Senior United States District Judge, accepted HOLDER’S guilty plea to a one count information alleging voluntary manslaughter. HOLDER, who had been in the custody of the Bureau of Prisons since his conviction in 2000, was sentenced to credit for time served and placed on 36 months of supervised release.
“A primary feature of the defendant’s supervised release is that he was ordered by the sentencing court not to be within three miles of the BC Wetlands area without prior approval of the U.S. Probation Office,”
U.S. Attorney Sperling noted. U.S. Attorney Sperling provides the following historical background in the case which lead to the agreed upon plea before Judge Seay:
• 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.’”
• The Tenth Circuit remanded the case for further evidentiary hearing as to whether the defendant was rendered ineffective assistance of counsel.
• 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.
• On November 13, 2007, the Tenth Circuit Court of Appeals agreed with the District Court and remanded the case back for a new trial.
“This senseless killing in 1999 was a very tragic event caused by the deliberate actions of HOLDER,” stated U.S. Attorney Sperling. “This office vigorously prosecuted the case. The jury reached its verdict of Second Degree Murder in November, 2000. Seven years later, we were again faced with the decision of what is best and what is just. We have consulted extensively with the victim’s wife and daughter and have honored their wishes in agreeing to this plea. We can never retrieve the life that was taken. Under these facts and circumstances, given the law and the input of the victim’s family, we have reluctantly concluded that this is the warranted outcome in an extremely difficult scenario.”
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FOR RELEASE: November 26, 2007
SUBJECT: MACCHIRELLA, Jared
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JARED MACCHIRELLA, age 32, of Stuart, Oklahoma, pled guilty to two counts Interstate Travel in Aid of Racketeering, in violation of Title 18 U.S.C. Sections 1952(a)(3).
“Charges arose from an investigation by the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics, the McAlester Police Department and the Internal Revenue Service. A two-count felony information was filed charging the defendant with interstate travel in aid of racketeering to carry on the unlawful activities of possessing and distributing methamphetamine, in excess of 500 grams,” stated U.S. Attorney Sheldon J. Sperling. “The defendant waived indictment and pled guilty.”
“The charging document, to which the defendant pled guilty, alleged that from about January 1, 2004 and continuing to June 1, 2005, MACCHIRELLA traveled from Oklahoma to Arkansas for the intended purpose of possessing and distribution methamphetamine,” continued U.S. Attorney Sperling.
“Special Agents of the Drug Enforcement Administration (DEA) Oklahoma City District and McAlester Resident Offices, assisted by various Federal, State and Local Agencies successfully dismantled the Jared Macchirella and Brian Fry methamphetamine Drug Distributing Organization (DTO), based out of McAlester, Oklahoma. This Priority Target Organization distributed in excess of 20 pounds of methamphetamine per month in East Oklahoma and North Texas since 2003. Special Agents of the DEA led their team of law enforcement partners through the execution of a two-phased investigation consisting of the execution of eleven federal & state search warrants, undercover purchases of methamphetamine and psuedoephedrine, the cultivation of over 30 confidential sources / cooperating defendants, wire intercepts, pen registers / toll analysis, investigative grand jury and electronic / aerial surveillance. An extensive financial investigation was conducted, including document search warrants, cash flow analysis, ex-parte tax orders, analysis of cash trade assets, asset tracing and analysis of real property,” stated U.S. Attorney Sperling.
“The DEA Oklahoma City District and McAlester Resident Offices conducted this investigation with the Federal Bureau of Investigation, Internal Revenue Service, Bureau of Indian Affairs, Oklahoma State Bureau of Narcotics, Oklahoma State Bureau of Investigation, Oklahoma Department of Corrections, Oklahoma National Guard, Oklahoma Highway Patrol, District Attorney Drug Task Forces 18 & 22, Hughes and Pittsburg County (Oklahoma) Sheriff’s Departments, and the McAlester, Oklahoma Police Department,” U.S. Attorney Sperling continued.
“This investigation resulted in the arrests of 53 defendants, the seizure of over 115 firearms and the removal of approximately 7,000 rounds of ammunition. In addition, the abstraction of psuedoephedrine and methamphetamine and the seizure of passenger vehicles, motorcycles, all-terrain vehicles, and real estate ensued. The federal prosecution of started with thirteen defendants by the United States Attorney, Eastern District of Oklahoma, two of which were never arrested, and anticipated seizures of real property and assets, in excess of three million dollars, are expected, added U.S. Attorney Sperling.
“James L. Capra, Special Agent in Charge (SAC) of the DEA’s Dallas Field Division, firmly believes that these cooperative efforts send a powerful message to those trying to profit from illicit drug sales in Oklahoma. “Today, we have come together with many of our law enforcement partners to achieve a common goal. The dismantling of this Mexican methamphetamine distribution network is a major success in its own right. The far bigger success however, is that we have sent a profound message to any and all remaining drug dealers; that the law enforcement partnerships are solid, strong, and willing to go the distance to make our communities safe for our citizens,” stated Terri K. Wyatt, Dallas Field Division, Drug Enforcement Administration.
“This is yet another domino to fall in such a significant drug enforcement case for the citizens of Eastern Oklahoma. These types of conspirators only mean pain and grief to our state while making enormous monetary profits. We need more than simply disrupting these home-grown terrorist but we must totally dismantle them to the core. As a state, we must have great resolve when dealing with these groups and will fight for every town, every county in our state in our quest for a drug free Oklahoma,” added Director R. Darrell Weaver of the Oklahoma Bureau of Narcotics.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following their completion. The defendant is in the custody of the United States Marshal Service, pending sentencing.”
“The statutory range of punishment is up to five (5) years imprisonment and/or fines totaling $250,000.00 for each count,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Dennis A. Fries represented the government.”
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FOR RELEASE: November 28, 2007
SUBJECT: HUTCHINSON, Matt Cole; a/k/a NIXON, Cole
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MATT COLE HUTCHINSON, a/k/a Cole Nixon, age 26, of Muldrow, Oklahoma, was sentenced for Conspiracy and Uttering a Counterfeit Security with Intent to Deceive, in violation of Title 18, United States Code, Sections 2, 371 and 513(a).
“HUTCHINSON was sentenced to 22 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“HUTCHINSON was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation by the United States Secret Service,” commented U.S. Attorney Sperling. “In October and November, 2006 HUTCHINSON passed counterfeit checks at federally insured banks in Arkansas and Oklahoma. The checks were made by another co-defendant using actual checking account numbers from personal checks which were stolen from mailboxes.”
“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 Christopher J. Wilson represented the government.”
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FOR RELEASE: November 28, 2007
SUBJECT: SANDS, Stephanie Jane
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEPHANIE JANE SANDS, age 51, of Prague, Oklahoma, pled guilty to Bank Fraud, in violation of Title 18 U.S.C. Section 1344.
“Charges arose from an investigation by the Federal Bureau of Investigation. Beginning in or around January, 2006, and continuing to in or around December, 2006, SANDS, executed a scheme to obtain money, funds, credit or assets in the amount of $27,500.00, belonging to Citizens State Bank in Paden, Oklahoma,” stated U.S. Attorney Sheldon J. Sperling.
“Auditors conducting a surprise cash count of teller drawers, as required for the annual director’s examination of the bank, discovered $27,500.00 missing from SANDS’ teller drawer. After initially attempting to hide the cash shortage, SANDS confessed to taking the money in small increments over the previous year,” continued U.S. Attorney Sperling.
“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 30 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Ryan M. Roberts represented the government.”
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FOR RELEASE: November 28, 2007
SUBJECT: SPENCER, Linda Ruth
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LINDA RUTH SPENCER, age 46, of Muldrow, Oklahoma, pled guilty to Conspiracy, in violation of Title 18, United States Code, Section 371.
“SPENCER was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation by the United States Secret Service,” stated U.S. Attorney Sperling.
“From October 2006 to November 23, 2006, SPENCER conspired with others to create and pass counterfeit checks in Arkansas and Oklahoma. SPENCER passed counterfeit checks at federally insured banks in Arkansas. The checks were made by another co-defendant using actual checking account numbers from personal checks which were stolen from mailboxes,” continued U.S. Attorney Sperling.
“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 5 years imprisonment and/or a fine of up to $250,000.00,” stated U.S. Attorney Sperling
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: November 29, 2007
SUBJECT: CARVER, April
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that APRIL CARVER, age 33, of Stillwell, Oklahoma, was sentenced for two counts of Possession of an Unregistered Firearm, in violation of 26 U.S.C. Section 5845, and two counts of Making a Firearm, in violation of 26 U.S.C. Section 5845.
“CARVER was sentenced to 120 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment of $400.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Stilwell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),” U.S. Attorney Sperling reported. “ATF agents received a telephone call regarding a potential destructive device located on the underside of a pickup belonging to Justin Ruben of Stilwell. Ruben was then parked at the Fiesta-Mart in Stilwell.”
“The victim was pumping gas into his truck and noticed gas running onto the ground. He checked the leak source and found a wire which had backed out of the gas tank hose. He noticed a broken light bulb attached to the wire and called the Stilwell Police Department.”
“The device was disassembled by the victim and given to the Stilwell police,” noted U.S. Attorney Sperling. “The next day, the victim was at his residence in Stilwell and, while trying to show a friend where the device had been located, found another similarly positioned device.”
“An ATF Special Agent also received a call regarding the second potential destructive device on the victim’s blue 1994 Chevy pickup. ATF Agents responded and found wires extending from the pickup starter to the inside of a rubber hose leading to the gas tank. A broken bulb with an active filament was clipped to the starter, grounded to the motor, and wired to the solenoid.”
“ATF Special Agents later obtained a search warrant for the Stilwell residence where CARVER and co-defendant GREG UNGER were living. During the search, agents located wire and electrical tape consistent with the devices located on the vehicle.”
“The investigation revealed that both CARVER and UNGER made statements of admission. They made and planted the devices on Ruben’s vehicle. The investigation also revealed that Ruben and CARVER were involved in a custody dispute. CARVER had made statements to other persons expressing her desire to have Ruben killed.”
“The destructive devices are considered “firearms” under federal law. The defendants had no legal authority to make construct the destructive devices. Neither were the devices registered with the National Firearms Registration and Transfer Record, as the law requires,” U.S. Attorney Sperling concluded.
“Co-defendant UNGER was previously sentenced to 121 months imprisonment and 36 months supervised release on November 7, 2007.”
“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: November 29, 2007
SUBJECT: HIDER, Clint Lee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CLINT LEE HIDER, age 39, of Bluejacket, Oklahoma, was sentenced for Unlawful Conversion of Government Funds, in violation of Title 18, United States Code, § 641.
“HIDER was sentenced to five (5) years probation with six (6) months of home detention and ordered to pay a Special Assessment of $100.00. The defendant was ordered to pay restitution in the amount of $8,236.00,” stated U.S. Attorney Sheldon J. Sperling.
“An investigation was conducted by the Department of Veterans Affairs, Office of Inspector General. From June 2004 to December 2005, HIDER converted to his own use VA benefits payments made to HIDER’s father, a veteran, which should have terminated at the time of his father’s death in June 2004," commented U.S. Attorney Sperling. “HIDER was a joint checking account holder with his father. HIDER withdrew and spent $8,236.00 in benefit payments which had been automatically deposited into the account by the Department of Veterans Affairs for the benefit of HIDER’s father.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: November 29, 2007
SUBJECT: MAKERNEY, 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, pled guilty to Deprivation of Rights Under Color of Law, in violation of Title 18 United States Code, Section 242.
“Charges arose from an investigation by the Federal Bureau of Investigation and Choctaw County Sheriff’s Office,” stated U.S. Attorney Sheldon J. Sperling. “MAKERNEY was indicted on November 7, 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 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 was ordered by Judge Shreder to be jailed in the custody of the United States Marshal Service.”
“The statutory range of punishment is up to life imprisonment and/or up to $250,000.00 in fines and 5 years of supervised release,” stated U.S. Attorney Sperling
“Assistant United States Attorney Paul G. Hess did an excellent job to represent the United States.”
U.S. Attorney Sperling reported the following in-court narrative.
“In proceedings that began at 2:18 this afternoon, the defendant consented to enter his plea before a magistrate judge. Such a waiver is required because federal defendants have a right to have their plea hearing conducted by a federal district judge.”
“The Court inquired as to defendant’s competency. Judge Shreder then found the defendant competent to understand the nature, purpose and consequences of these proceedings.”
“AUSA Hess announced the nature of the charges. The federal statute is Title 18, Section 242. This law criminalizes a Deprivation of Rights in the form of aggravated sexual abuse, that is, rape. The punishment under statute is up to life imprisonment, a $250,000 fine, and 5 years of supervised release.”
“The Court engaged a detailed and careful discussion of the defendant’s rights. This discussion included prospective liability that restitution may be ordered.”
“The government estimated a base offense sentencing guideline level of 30, and an applicable advisory guideline range of 97 - 121 months. Acceptance of responsibility provisions of law may produce an ultimate advisory sentencing range of 70 – 87 months in prison. The defense counsel expressed a hope that the ultimate base offense level would be 27 and an advisory range of 70 – 87 months.”
“The defendant expressed satisfaction with his attorneys, James Branam and Sean Huffman.”
“The Court then explained in detail defendant’s rights to counsel, to confront witnesses, to produce witnesses against self-incrimination, to trial by jury, or to trial to the court if jury trial were waived, and to acquittal unless his guilt were proved beyond a reasonable doubt. The Court further explained that pleading guilty would be enough for the court to find defendant guilty.”
“The Court further ensured that defendant’s plea of guilty was voluntary. The defendant acknowledged he was prepared to accept any punishment permitted by law.”
“AUSA Paul G. Hess summarized the written agreement of defendant to plead guilty. The Court advised that sentencing court was neither bound by plea agreement and that U.S. Sentencing Guidelines are advisory. The defendant waived his right to a jury trial and signed the written waiver.”
“The defendant then pled guilty to the felony charge. He admitted that while acting as a police chief, during a traffic stop, he had sex with a woman at an intersection near Sawyer, with intent to deprive her of her constitutional rights. Under further questioning, the defendant admitted committing aggravated sexual assault, against the victim’s will, resulting in bodily injury.”
“AUSA Hess provided federal legal authority that sexual assault constitutes bodily injury – unique to and consistent with the forcible sexual act.”
“The Court also found the defendant mentally competent to appreciate the nature, purpose, and consequences of his criminal act. The Court further found the guilty plea voluntary, accepted defendant’s plea of guilt, and found him guilty.”
“Finally, the Court cited authority that the offense requires mandatory detention unless a motion for acquittal is likely to be granted or the government would recommend that no sentence of imprisonment be imposed. Neither being the case and given the seriousness of the offense, the Court remanded the defendant to the custody of U.S. Marshal.”
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FOR RELEASE: November 29, 2007
SUBJECT: PLANK, Roger Dale
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ROGER DALE PLANK, age 46, of Sequoyah County, Oklahoma, was sentenced for Uttering a Counterfeit Security with Intent to Deceive, in violation of Title 18, U.S.C. Sections 513(a) and 2.
“PLANK was sentenced to 18 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment of $100.00. The defendant was ordered to pay restitution in the amount of $488.88.00,” stated U.S. Attorney Sheldon J. Sperling.
“PLANK was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation by the United States Secret Service,” commented U.S. Attorney Sperling. “In November, 2006, PLANK passed a counterfeit check at the 1st National Bank of Sallisaw.”
“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 represented the government.”
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