Indictments Returned by Federal Grand Jury

CLARKSBURG, WV—Three individuals were named in indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on July 10, 2012.

United States Attorney William J. Ihlenfeld, II announced that:

Licurtis Whitney, age 35, an inmate at FCI-Morgantown and a former inmate at USP-Hazelton, was named in a three-count indictment charging him with violations while he was incarcerated at USP-Hazelton on September 10, 2011. Count one charges Whitney with assault of a correctional officer who was engaged in the performance of his official duties. Count two charges Whitney with obstruction of justice by concealing a cellular telephone and preventing said cellular telephone from being used as evidence in an investigation and prosecution of the possession of said cellular telephone. Count three charges Whitney with possession of a prohibited object (cell phone). If convicted, Whitney faces up to eight years’ imprisonment and a $250,000 fine as to count one; 20 years’ imprisonment and a $250,000 fine as to count two; and 12 months’ imprisonment and a $5,000 fine as to count three. The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.

David Van White, a/k/a David Van Applewhite, age 35, an inmate at the Bannum Place Hallway House, was named in a one-count indictment charging him with escape. On June 29, 2012, White left Bannum Place, where he was lawfully confined at the direction of the Attorney General and by virtue of a judgment and commitment order of the United States District Court for the Northern District of West Virginia, upon a conviction for the distribution of crack cocaine, without permission. If convicted, White faces up to five years’ imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the United States Marshals Service.

Randy Hamrick, age 46, of Clarksburg, West Virginia, was named in a one-count indictment charging him with possession of a firearm on April 1, 2012, after having been convicted in the United States District Court for the Northern District of Ohio for threats against the president and in the Court of Common Pleas of Lake County, Ohio, for aggravated assault with a physical harm specification. If convicted, Hamrick faces up to 10 years’ imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

It should be noted that the charges contained in the indictment are merely accusations and not evidence of guilt and that each defendant is presumed innocent until and unless proven guilty.