Tag Archive for: #butnerfederalprison

Butner Inmate Gets 20 Months For 2020 Escape Attempt

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-information courtesy of the office of U.S. Attorney for the Eastern District of NC

A federal inmate has been sentenced to 30 months for attempting to escape from the Federal Correctional Institution in Butner back in 2020.

According to court documents, Charles Asher, 62, an inmate at FCI Butner at the time of the offense, was found hiding in the bushes – and not in his designated housing unit, as required – on the compound at about 9 p.m. on Sept. 14, 2020, near the exit door of the institution.

“Asher was found with multiple unauthorized items that could be used to effectuate an escape, including: a homemade rope approximately 14 feet in length, gray gloves, a blue mattress cover, and a homemade cardboard replica handgun wrapped with black electrical tape,” according to a press statement from the office of Michael Easley, U.S. Attorney for the Eastern District of North Carolina.

Asher had pleaded guilty in June 2022 to the sole count of attempted escape from prison and U.S. District Judge Terrence W. Boyle sentenced Asher.

Butner Inmate Sentenced After Assaulting, Injuring Officer

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  • Information courtesy of the U.S. Attorney, Eastern District of North Carolina

An inmate at FMC Butner was sentenced to 114 months in prison for assaulting a federal law enforcement officer at the Federal Medical Center in Butner. The inmate had pled guilty to the charge earlier this year.

According to court documents, Michael Anthony Mata, 47, an inmate at FMC Butner at the time of the offense, struck the law enforcement officer in the face after the officer told him he was in an unauthorized area and asked him to return to his assigned housing unit.  As a result of the contact, the officer suffered a severe fracture to his left orbital wall that required surgical repair.

In announcing the sentence, U.S. Attorney Michael Easley said, “The brave men and women who put themselves on the line every day to keep the rest of us safe, have the well-deserved support of our Office. We will vigorously prosecute anyone who assaults a correctional officer, or any other law enforcement personnel, and seek a firm punishment to deter others who may be inclined to do the same.”

Citing Mata’s extensive criminal history and the severity of the assault, U.S. Federal District Court Judge James C. Dever III sentenced Mata to 114 months in prison.

The Federal Bureau of Prisons investigated the case and Special Assistant U.S. Attorney Mallory Brooks Storus prosecuted the case.

 

U.S. Department of Justice

Butner Federal Inmates Withdraw Lawsuit Against Prison Officials

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-Press Release, U.S. Department of Justice

Eleven inmates housed at the Federal Correctional Complex in Butner, North Carolina (“FCC Butner”) voluntarily dismissed their lawsuit against the Federal Bureau of Prisons (“BOP”) officials seeking release from prison as a result of the threat of the COVID-19 pandemic.

According to court documents, the federal inmates, who are represented by several advocacy groups, filed a petition for writ of habeas corpus, temporary restraining order and preliminary injunction on behalf of themselves and a purported class of current and future medically vulnerable inmates. The inmates alleged violations of their Eighth Amendment rights related to FCC Butner’s response to the COVID-19 crisis and sought relief including mass release or transfer of inmates from FCC Butner in order to facilitate social distancing. BOP officials filed substantial responses detailing the significant steps BOP and FCC Butner have taken to manage the crisis at FCC Butner.

On June 11, 2020, United States District Court Judge Louise W. Flanagan denied the inmates’ motion for a temporary restraining order and preliminary injunction, finding that the BOP officials made reasonable efforts toward the goals of preventing unnecessary illness and death and slowing the spread of the virus, that the claims were not appropriate under a habeas petition, and even if they were, the inmates failed to show a likelihood of success on the merits or that equity and public interests favor a temporary restraining order.

On Monday, the inmates filed a stipulation of dismissal essentially withdrawing their remaining claims.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina commented: “Effectively managing prisons is a complex and difficult job on any day, but especially so in the midst of a global pandemic which affects so many people both inside and outside of the prison system. We are gratified that the court, in its ruling denying the inmates’ request for a temporary restraining order and preliminary injunction, recognized the efforts that officials at FCC Butner have made to minimize the risk of virus infection to the prisoners while doing their usual excellent job at maintaining order and ensuring the safety of the public in operating these critical facilities. I fully support the professional way in which that the FCC Butner officials continue to maintain the safety and security of the individuals housed within their institutions and the responsible manner in which they are managing the COVID-19 crisis.”

Special Assistant U.S. Attorneys Michael Bredenberg, Genna D. Petre, Christina Kelley, Mallory Brooks Storus, and Assistant U.S. Attorney Joshua Rogers defended the case on behalf of the BOP officials.

U.S. Department of Justice

Butner Federal Inmate Sentenced to 30 Months for Weapons Possession

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-Press Release, U.S. Department of Justice

An inmate housed at the Federal Correctional Complex in Butner, North Carolina (“FCC Butner”) was sentenced yesterday to 30 months of incarceration for possessing weapons inside the federal prison.

According to court documents, Gerald Wayne Timms, 59, was found by the Federal Bureau of Prisons (“BOP”) staff to be in possession of multiple homemade sharpened objects on two separate occasions in May 2019 and again in September 2019.

BOP staff found the weapons inside Timms’ assigned cell during routine searches. Timms was charged by way of a two-count indictment for violation of 18 U.S.C. § 1791, possession of contraband in prison. On February 19, 2020, a jury found Timms guilty of both counts. Timms received 30 months on each count to be served concurrently.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. BOP Special Investigative Services investigated the case and Special Assistant U.S. Attorneys Mallory Brooks Storus, Genna D. Petre, and Michael Bredenberg prosecuted the case.

A copy of this press release is located on the U.S. Department of Justice’s website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00428-FL.

U.S. Department of Justice

Butner Federal Inmates Indicted for Inciting Riot, Assault on Federal Officers

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-Press Release, U.S. Department of Justice

A federal grand jury returned an indictment on Wednesday charging two inmates at the Federal Correctional Institution in Butner, North Carolina (“FCI Butner I”) with assaulting, resisting, or impeding federal officers, as well as inciting or participating in a mutiny or riot within a federal penal institution.

According to the indictment, on April 22, 2020, Rene Moreno-Castillo and Javier Tijerina allegedly assaulted, resisted, or impeded federal officers during the performance of their official duties at FCI Butner I.

Specifically, Moreno-Castillo is alleged to have pulled a fire extinguisher from the wall during an open disagreement with staff about housing assignments and sprayed them with its chemical contents.

Additionally, the indictment alleges that on the same day, prior to the discharge of the fire extinguisher, Tijerina, expressing the same perceived disagreement, incited and attempted to cause or assisted in a mutiny or riot within FCI Butner I by openly yelling, gesturing, and threatening “action” by the inmates if housing assignments did not change.

According to the indictment, after spraying staff, inmate Moreno-Castillo barricaded the unit door with lockers which he ripped from the wall and slid against the door, tied the door shut with a bedsheet, and continued to spray the fire extinguisher, filling the unit with the powder contents. FCI Butner I staff, including a tactical Complex-wide Quick Response Force, were emergently called to the scene to regain control of the unit.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina commented: “Effectively managing a federal prison is a complex and difficult job but is one that is critical to the enforcement of our criminal laws and to ensuring the safety of people in every community across the country.  The men and women who serve us from behind the walls of facilities like those at Butner deserve our support and swift enforcement when prisoners take any action that impedes their work or, as here, threatens the security of those officers and risks the proper order and management of the prison.  This indictment deals with the offenders who tried to incite a riot within the Butner facility but is also designed to send a message to anyone else who might consider this type of action; there will be consequences if you jeopardize the security of our prisons or endanger the brave officers and employees who serve us from within the facility.”

Moreno-Castillo is charged with the violation of 18 U.S.C. § 111 and 18 U.S.C. § 1792. If convicted, he faces a maximum potential penalty of eight or ten years in prison, respectively. Inmate Tijerina is charged with a violation of 18 U.S.C. § 1792, he faces a maximum potential penalty of ten years in prison.

U.S. Attorney Higdon made the announcement. Special Assistant U.S. Attorney Mallory Brooks Storus is prosecuting the case.

An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.

U.S. Department of Justice

Butner Federal Prison Escapee Arrested

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announces that RICHARD R. CEPHAS of Wilmington, Delaware, was arrested on April 20, 2020, by the United States Marshals Service (USMS).

CEPHAS turned himself in at the Federal Courthouse in Delaware, approximately eighteen days after he is alleged to have escaped from the custody of the Federal Bureau of Prisons (BOP) in Butner, North Carolina on or about April 1, 2020.

Yesterday, CEPHAS had an initial appearance before a United States Magistrate Judge in Delaware. He waived all preliminary hearings and was remanded to the custody of the USMS.

CEPHAS is currently pending transfer back to the Eastern District of North Carolina (EDNC) to face escape charges.

As alleged in a federal Criminal Complaint, signed by United States Magistrate Judge Robert T. Numbers, II on April 17, 2020, CEPHAS is charged with escaping from the custody of the Federal Bureau of Prisons (BOP) in Butner, North Carolina on or about April 1, 2020. The USMS led the investigation of CEPHAS’ alleged escape. More here.

U.S. Attorney Higdon said the following, “We are grateful for our dedicated law enforcement officers, particularly the United States Marshals Service, who investigated Mr. Cephas’ alleged escape over the past several weeks. They pursued this case in the face of the heightened risk presented by the pandemic in order to ensure the public’s safety – an example of the critical role that law enforcement plays in protecting us every day. Mr. Cephas will be extended his Constitutional rights when he appears in Court in the Eastern District of North Carolina, including the presumption of innocence and the requirement that the Government proves the escape case against him beyond a reasonable doubt. We look forward to presenting our case before the Court.”

At the time of his alleged escape, CEPHAS was serving the remainder of his prison sentence at the Federal Prison Camp in Butner, NC.

In 2017, CEPHAS was sentenced by the United States District Court for the District of Delaware to a term of 66 months in federal prison – for his violation of Title 21, United States Code, Sections 841 (a)(l) and (b)(l)(A) and 846, Conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine. The conviction and sentence resulted from a long-term High-Intensity Drug Trafficking Area (HIDTA) federal wiretap investigation spearheaded by the Drug Enforcement Administration’s (DEA) Drug Trafficking Task Force in Delaware. More about that investigation here.

The charges and allegations contained in the Criminal Complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.

U.S. Department of Justice

Convicted Drug Trafficker Charged With Escaping Custody of Butner Federal Prison

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announces that today, RICHARD R. CEPHAS, of Wilmington, Delaware, was charged in a federal Criminal Complaint with escaping from the custody of the Federal Bureau of Prisons (BOP) in Butner, North Carolina on or about April 1, 2020.

The Criminal Complaint was authorized by United States Magistrate Judge Robert T. Numbers, II, and supported by the sworn affidavit of a Deputy United States Marshal. The United States Marshals Service (USMS) has been investigating CEPHAS’ alleged escape since he was discovered missing on April 2.

In June 2017, CEPHAS was sentenced by the United States District Court for the District of Delaware to a term of 66 months in federal prison – for his violation of Title 21, United States Code, Sections 841 (a)(l) and (b)(l)(A) and 846, Conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine.

The conviction and sentence resulted from a long-term High-Intensity Drug Trafficking Area (HIDTA) federal wiretap investigation spearheaded by the Drug Enforcement Administration’s (DEA) Drug Trafficking Task Force in Delaware.  More about that investigation here.

As alleged in the publicly filed affidavit attached to the Criminal Complaint, CEPHAS had been serving the remainder of his prison sentence at the Federal Prison Camp in Butner, NC. On April 2, 2020, CEPHAS was placed in an escape status by the BOP following his absence from a bed count conducted by staff at the Butner facility. At the time of his absence, CEPHAS was not authorized to be away from the Federal Prison Camp. He remains in an escape status and law enforcement is working to determine his whereabouts.

U.S. Attorney Higdon issued the following statement:

“This morning, members of my office obtained a criminal complaint charging Richard R. Cephas with violation of Title 18, United States Code, Section 751(a), escape from the custody of a facility to which he was confined at the Direction of the Attorney General.

The complaint alleges that Mr. Cephas began planning his escape as early as March 30. At that time, he had email communication with at least one family member. Two days later, Mr. Cephas contacted another family member regarding his plan to escape. When a headcount was conducted later that day, and again very early in the morning of April 2, Mr. Cephas was missing. A search of the entire prison complex resulted in a determination that Mr. Cephas had escaped.

Media reports surfaced late yesterday afternoon in which an individual identifying himself as Richard Cephas during a recorded video interview explained that he escaped from Butner because of health concerns related to the ongoing coronavirus pandemic and his belief that he is particularly vulnerable because of an ongoing chronic health condition. This, he explained, justified his escape and warrants a modification to his underlying sentence. He also argued that it requires the Justice Department to overlook and tolerate his escape.

Let me be clear, Mr. Cephas is a convicted drug trafficker who was sentenced to federal prison for his role in a wide-ranging drug conspiracy that imported cocaine and methamphetamine into the United States from Mexico. He was convicted in federal court in Delaware and sentenced to a term of imprisonment, which he was serving at the Butner facility. Mr. Cephas’ decision to escape federal custody is nothing more than an opportunistic move to use the coronavirus pandemic as an excuse to cut his prison term short. He is a fugitive from justice and federal law enforcement will find him and bring him to Court here in the Eastern District to answer these charges.

Should Mr. Cephas choose to turn himself in, he may do so at any law enforcement office; to the United States Marshal for the Eastern District of North Carolina (call 919-856-4153); or to the United States Marshal in any federal district in which he is currently located (call 877-WANTED-2). Otherwise, federal agents will pursue his arrest.

Mr. Cephas will, of course, be extended his Constitutional rights when he appears in Court, including the presumption of innocence and the requirement that the Government prove the escape case against him beyond a reasonable doubt. We look forward to presenting our case before the Court.

In the meantime, the public should assume that Mr. Cephas is dangerous and they should take caution if they encounter him. The public should also know that anyone who knowingly harbors or assists Mr. Cephas in avoiding arrest may be in violation of federal law as well.

I want to thank the law enforcement officers who have been tasked with investigating this case and pursuing Mr. Cephas’ arrest. His decision to escape has increased their already heavy workload and has raised the risk of illness and harm to them by drawing them out into the community at this difficult time. This is another example of the dedication of law enforcement who serve us no matter the circumstances.”

The charges and allegations contained in the Criminal Complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty in a court of law.