Tag Archive for: #usdeptofjustice

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

Henderson Man Indicted for Possessing Firearm After Mental Health Adjudication

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announces that a federal grand jury sitting in Raleigh indicted MATTHEW SCOTT THOMAS, 34, of Henderson for possessing a firearm after having been adjudicated mentally defective and committed to a mental institution and for making a false statement during the transfer of firearms.

The indictment alleges that on January 26, 2018, THOMAS made false statements on a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) form during the attempted transfer of firearms. Specifically, THOMAS is alleged to have falsely indicated that he had never been adjudicated mentally defective and not committed to a mental institution, when in fact he had. Additionally, the indictment alleges that on December 4, 2019, THOMAS possessed a firearm after having been so adjudicated. If convicted, he faces up to ten years imprisonment and three years of supervised release on each count.

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

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation in this matter. Assistant United States Attorney Robert J. Dodson is prosecuting the case on behalf of the government.

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.

U.S. Department of Justice

Dept. of Justice Makes $850 Million Available to Address Pandemic

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-Press Release, U.S. Department of Justice

The Department of Justice announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19.

The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“Law enforcement at every level remains on duty and vigilant in the Eastern District, even in the face of this contagious illness,” said U.S. Attorney Robert J. Higdon, Jr.  “These funds made available through the Department of Justice will provide critical support to our vital law enforcement partners.”

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received.

Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553.

For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.

U.S. Department of Justice

Henderson Man Involved in Shooting Sentenced to Seven Years in Federal Prison

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced QUINDARIUS DANTE RAINEY, 30, of Henderson to seven years imprisonment, followed by three years of supervised release.

RAINEY was named in an Indictment filed on July 31, 2019, charging him with possession of a firearm and ammunition by a felon. On November 12, 2019, RAINEY pled guilty to that charge.

According to the investigation, during the early morning hours of August 26, 2018, RAINEY was captured on video surveillance shooting a handgun with an extended magazine multiple times at another man. The shooting occurred in the parking lot of the 85 Bar & Lounge in Henderson.

The victim attempted to flee and RAINEY continued to shoot at the man while chasing him. RAINEY then entered his vehicle and fled the scene. The victim was not injured, but several nearby businesses and cars sustained property damage.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Robert J. Dodson and John Parris prosecuted the case on behalf of the government.

U.S. Department of Justice

Four Bureau of Prisons Correctional Officers Indicted by Federal Grand Jury

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announces that a federal grand jury sitting in Raleigh indicted four correctional officers employed by the Federal Bureau of Prisons (BOP) for making false statements surrounding three unrelated inmate deaths that occurred at the Federal Correctional Complex in Butner, North Carolina in 2019.

TYLER ROBISON, 41, ADAM COCKERHAM, 31, LONNIE FAIRCLOTH, 54, all of Creedmoor, and ERIC STEPHENSON, 37, of Angier, were each indicted on one count of making a false statement.

The respective indictments allege that ROBISON, COCKERHAM, and STEPHENSON, in unrelated incidents involving the death of an inmate, made false entries on government forms documenting that they had completed rounds in an inmate housing unit when they had not. FAIRCLOTH is alleged to have made a false statement to an Office of Inspector General Special Agent during the course of the investigation. If convicted, they each face up to five years imprisonment and five years of supervised release.

The charges and allegations contained in the Indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The Department of Justice’s Office of Inspector General (OIG) conducted the investigation in this matter.

U.S. Department of Justice

Warren Co. Man Sentenced to Six Years on Child Pornography Charges

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-Press Release, U.S. Department of Justice

The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday, Chief United States District Judge Terrence W. Boyle, sentenced MICHAEL WYATT COLLIUS, 23, of Norlina, NC to 72 months’ imprisonment, followed by a five-year term of supervised release. COLLIUS was also ordered to pay more than $68,000 in restitution to known child pornography victims identified through the investigation.

COLLIUS pled guilty pursuant to a plea agreement on November 13, 2019, to one count of receipt of child pornography.

In September 2016, the Federal Bureau of Investigation (FBI) in Raleigh, North Carolina, assisted the Spanish National Police Cyber Child Pornography Group II, Technology Investigation Unit, with an investigation into Dropbox users sharing child pornography. Investigators were able to determine that one of the accounts responsible for sharing child pornography belonged to COLLIUS.

Following additional investigation, a search warrant was obtained for COLLIUS’ residence. On May 3, 2018, investigators with the FBI and Warren County Sheriff’s Office executed the warrant and seized COLLIUS’ phone. A later forensic review recovered over 800 images and over 200 videos containing child pornography. COLLIUS agreed to speak with investigators at the time of the search and admitted to receiving, sharing and possessing child pornography.

This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level.

For more information about this important national initiative, go to www.projectsafechildhood.gov.

The Federal Bureau of Investigation (FBI) in Raleigh, North Carolina, conducted the investigation of this case with assistance from the Spanish National Police Cyber Child Pornography Group II, Technology Investigation Unit and the Warren County Sheriff’s Office. Assistant United States Attorney Bryan M. Stephany represented the government.

U.S. Department of Justice

Henderson Man Sentenced to 26 Years for Heroin, Firearm Violations

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge James C. Dever III sentenced JONATHAN ANTWAN MITCHELL, 34, of Henderson, North Carolina to 312 months imprisonment, followed by 5 years of supervised release.

MITCHELL was named in an Indictment filed on December 4, 2018, charging him with conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin, possess with the intent to distribute a quantity of heroin, and possession of a firearm in furtherance of a drug trafficking crime. On July 22, 2019, MITCHELL pled guilty to that charge.

According to the investigation, in August of 2018, agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a controlled purchase of heroin from MITCHELL. This purchase occurred in Henderson, North Carolina.

A few days later, a trooper with the North Carolina State Highway Patrol attempted to conduct a traffic stop on a car that MITCHELL was driving. MITCHELL sped away, reaching speeds of up to approximately 80 mph in a 45 mph zone. After a couple of miles, MITCHELL lost control and wrecked the car in a ditch. MITCHELL ran from the car and after a struggle with the trooper, was ultimately placed under arrest. Agents from the Vance County Sheriff’s Office and the State Bureau of Investigation arrived at the scene to assist.

As a result of the arrest and a search of the car, agents recovered over 1,200 dosage units of heroin, approximately $31,000 in US currency, a semiautomatic pistol, and a 50-round extended magazine. MITCHELL later admitted to agents that he had been dealing heroin in the Henderson and Vance County area since 2014.

This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here:  https://www.justice.gov/usao-ednc/tbnc

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; the State Bureau of Investigation; the Vance County Sheriff’s Office; and the North Carolina State Highway Patrol conducted the investigation in this matter. Assistant United States Attorney Nick J. Miller represented the government.

U.S. Department of Justice

Kittrell Man Sentenced to More Than Six Years on Drug, Gun Charges

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge James C. Dever, III, sentenced PRESTON OBRYAN MILES, 35, of Kittrell to 78 months’ imprisonment, followed by 3 years of supervised release.

MILES was named in a two-count Indictment on July 10, 2019, charging him with possession with intent to distribute heroin and cocaine and possession of firearms in furtherance of a drug trafficking crime. On November 1, 2019, he pled guilty to the Indictment.

According to the investigation, on Saturday, July 21, 2018, a Franklinton Police Department officer was on patrol near NC 56 in Franklinton, North Carolina, when he saw a black Toyota Camry with heavily tinted windows. As he began following the Camry, he could smell marijuana, and he noticed that the smell diminished when he switched lanes away from the car. The officer ran the tag and also found that the registered owner had an expired license.

The officer initiated a traffic stop and made contact with the driver, who was identified as MILES. The smell of marijuana was strong, and the officer spotted several partially smoked marijuana cigarettes inside the car. Backup arrived and officers searched the car. They noticed that the carpet liner in the trunk was not attached on the edges. In the space between the carpet liner and the frame of the car, officers found a plastic bag containing a cardboard box, which itself contained two bricks of heroin—approximately 100 single-dose bags. The box also contained two loose bindles of 10 bags each, a plastic baggie of approximately 3 grams of raw heroin, and tools of the drug trade, including a wooden stamp with a Mercedes symbol, a bag of small rubber bands, and scotch tape. Further back between the carpet liner and side of the car, officers found a black FN 5.7x28mm pistol.

Officers later reviewed communications from jail, in which MILES, in discussing his car, directed a woman to get items out of “the head” and stated that “I got a brick in the head.”  On July 26, 2018, law enforcement obtained a search warrant to re-search the car. They found a digital scale hidden in a hole in the bottom of the passenger seat headrest, and behind the scale, they found a brick of heroin and a plastic bag of cocaine. Using a camera to search deeper into the area between the carper liner and the passenger side of the car, officers located a second handgun, a Smith & Wesson revolver.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Franklinton Police Department, State Bureau of Investigation, and Department of Homeland Security conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.