Former Kentucky State Prison Sergeant Convicted of Violating Civil Rights of an Inmate and Obstruction of Justice

After a four-day trial, a federal jury yesterday convicted a former Eastern Kentucky Correctional Complex (EKCC) sergeant, Eric Nantell, on one count of deprivation of civil rights for his failure to intervene to stop the assault of an inmate, two counts of obstruction for misleading state investigators and one count of making false statements to a special agent of the FBI. Six other officers previously pleaded guilty for their roles in the assault and cover-up, and three of those officers testified for the government at trial.

“The jury’s verdict closes the book on an unfortunate chapter at this correctional center,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All seven officers who participated in the brutal assault of an inmate or the coordinated cover-up that followed have now been brought to justice. The Justice Department will continue to hold law enforcement accountable for unlawful behavior that deprives those in our jails and prisons of their civil and constitutional rights.”

“Despite being a supervisor entrusted with the custody and care of others, Nantell stood by while officers beat a man, tried to cover up an investigation and lied to law enforcement,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “This disgraceful conduct not only caused injury to a victim but was an unqualified breach of the public trust and a grave disservice to law enforcement. Holding these officers accountable is an important step in restoring the public trust in law enforcement and protecting the civil rights of everyone.”

“Nantell not only took an oath to protect the inmates who were under his watch, but as a supervisor, he held a position of authority within the prison. By allowing this assault on an inmate to occur and then attempting to cover it up, he blatantly abused his power,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “The FBI will not stand for law enforcement officials who choose to violate the civil rights of those they are sworn to protect and, therefore, will continue to aggressively investigate allegations of wrongdoing and, ultimately, hold the perpetrators accountable.”

The evidence at trial established that the defendant was a supervisory sergeant at the facility when three officers, two of whom were members of the prison’s internal affairs department, assaulted a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles and isolated in a prison shower cell. Nantell was standing at the door of the shower when the assault began, and he watched the officers repeatedly punch and kick the inmate in the head and back. After silently observing the beating for over 20 seconds, Nantell walked away while the officers continued to beat the inmate.

Within hours of the inmate reporting the abuse, supervisors of EKCC and state detectives of the Kentucky State Police opened an investigation. Nantell joined with other officers in a cover-up scheme to hide the truth. As part of that cover-up, he lied to officers of both agencies as well as a special agent of the FBI.

Six former officers have pleaded guilty in related cases. On July 26, 2023, former EKCC officer Randall Dennis pleaded guilty to one count of deprivation of civil rights based on assault of the inmate and former EKCC officer Nathan Cantrell pleaded guilty to four counts of obstruction of justice for attempting to cover up the assault.

On April 10, 2023, former EKCC officer James Benish pleaded guilty to one count of deprivation of civil rights based on his failure to intervene to protect the inmate and former EKCC supervisor Randy Nickell pleaded guilty to three counts of obstruction based on his efforts to cover up the same assault.

On Aug. 29, 2022, former EKCC officer Jeffery Havens pleaded guilty to one count of deprivation of civil rights based on his assault of the inmate.

Finally, on July 11, 2022, former EKCC officer Derek Mays pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the assault.

In a separate administrative investigation, the Kentucky Internal Investigations Branch (IIB) conducted an independent review of the inmate’s allegations. IIB determined that an assault occurred and that numerous officers had been untruthful about what they saw. As a result of their findings, numerous officers who were involved with the assault were terminated, demoted or voluntarily resigned their positions with the Kentucky Department of Corrections within a year of the incident.

A sentencing hearing is scheduled for June 10. Nantell faces a maximum penalty of 10 years in prison for the deprivation of rights offense, a maximum penalty of 20 years in prison for obstructing state investigators and a maximum penalty of five years in prison for lying to the FBI. A federal district court judge will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office investigated the case.

Assistant U.S. Attorneys Zachary Dembo and Mary Melton for the Eastern District of Kentucky prosecuted the case in partnership with Trial Attorney Thomas Johnson of the Civil Rights Division.

Former Eastern Kentucky Correctional Officers Plead Guilty in Inmate Assault and Cover-Up Case

Two former Eastern Kentucky Correctional Complex (EKCC) officers have pleaded guilty for their roles in the assault of a restrained inmate and subsequent cover-up, according to court documents. The officers, Randall T. Dennis, 28, and Nathan M. Cantrell, 32, admitted their involvement in the incident.

In their plea agreements, Dennis pleaded guilty to one count of deprivation of the inmate's civil rights, while Cantrell pleaded guilty to four counts of obstruction of justice for attempting to conceal the assault. The incident took place on July 24, 2018, when correctional officers assaulted a nonviolent inmate who was restrained and isolated in a prison shower cell. Dennis admitted to repeatedly striking the inmate despite his compliance, while Cantrell falsified records and lied during the investigation.

This case is part of a series of guilty pleas by former EKCC officers in related incidents. James Benish pleaded guilty to deprivation of civil rights for failing to intervene, Randy Nickell pleaded guilty to obstruction of justice for covering up the assault, Jeffery Havens pleaded guilty to deprivation of civil rights for his own assault of the inmate, and Derek Mays pleaded guilty to obstruction of justice for his efforts to conceal the incident.

Dennis and Cantrell are scheduled to be sentenced on December 11. Dennis could face up to 10 years in prison, while Cantrell faces a maximum sentence of 20 years for each obstruction of justice charge. The final sentences will be determined by a federal district court judge considering various factors and sentencing guidelines.

The announcement was made by Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division, U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky, Assistant Director Luis Quesada of the FBI's Criminal Investigative Division, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, and Colonel Phillip Burnett Jr., Commissioner of the Kentucky State Police. The investigation was conducted by the FBI, Kentucky State Police, and the Kentucky Justice and Public Safety Cabinet.

Assistant U.S. Attorneys Zach Dembo and Mary Melton from the Eastern District of Kentucky, along with Trial Attorney Thomas Johnson of the Civil Rights Division's Criminal Section, are prosecuting the case.

Mohave County Man Indicted on Charges of First-Degree Murder and Child Abuse on Fort Mojave Indian Reservation

PHOENIX—On September 21, 2012, Matthew Lee Smith, 30, of Mohave Valley, Arizona, had his initial appearance in federal district court in Phoenix. On August 22, 2012, a federal grand jury in Phoenix returned an indictment against Smith for two counts of first-degree murder, two counts of child abuse, one count of assault with intent to commit murder, two counts of assault with intent to commit child abuse, and four counts of assault resulting in serious bodily injury, all of which allegedly occurred on the Fort Mojave Indian Reservation. Smith is being detained pending trial, which is set in Prescott, Arizona, before Senior U.S. District Judge Paul G. Rosenblatt on November 6, 2012.

A conviction for first-degree murder carries a minimum penalty of 30 years in prison, a maximum penalty of life in prison, or, unless the defendant is subject to the jurisdiction of an Indian tribal government, death, a $250,000 fine, or both. A conviction for child abuse carries a minimum penalty of 10 years in prison, a maximum penalty of 24 years in prison, a $250,000 fine, or both. A conviction for each of the assault charges carries a minimum penalty of 10 years in prison and a maximum penalty of life in prison.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Fort Mojave Police Department. The prosecution is being handled by Jennifer E. Green, Dyanne C. Greer, and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

Navajo Man from Two Grey Hills Pleads Guilty to Federal Assault Charge

ALBUQUERQUE—This morning, Travis Cohoe, 43, an enrolled member of the Navajo Nation who resides in Two Grey Hills, New Mexico, pled guilty to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Under the terms of the plea agreement, Cohoe will be sentenced to a prison term of a year and a day. Cohoe remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.

Cohoe was indicted on June 7, 2011, and was charged with (1) assault resulting in serious bodily injury, and (2) assault with a dangerous weapon. According to the indictment, Cohoe used an automobile to assault a man on April 13, 2010.

This morning, Cohoe pled guilty to count one of the indictment, the assault resulting in serious bodily injury charge. In his plea agreement, Cohoe admitted that on April 13, 2010, he ran over a man with his vehicle. Cohoe stated that, while he was drinking with the victim at Bennett’s Peak, which is within the Navajo Indian Reservation, the two men began to argue and, during the course of the argument, Cohoe ran over the victim with his vehicle. The victim suffered a broken femur, a broken wrist, broken facial bones, and various abrasions as a result of the assault.

Under the terms of the plea agreement, count two of the indictment will be dismissed after Cohoe is sentenced.

The case was investigated by the Farmington Office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Jack E. Burkhead.

Jury Convicts 16 Defendants on Federal Hate Crime Charges for Religiously Motivated Assaults on Members of Amish Community

WASHINGTON—A jury in Cleveland today convicted 16 people, all residents of Ohio, of federal hate crimes arising out of a series of religiously motivated assaults on practitioners of the Amish religion, the Justice Department announced.

The convictions stem from a series of separate hate crime assaults that occurred in four Ohio counties between September and November 2011. In each assault, defendants forcibly removed beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes. In three of these hate crime assaults, defendants invaded the homes of these practitioners and restrained their movements while shearing their hair, causing pain and other physical injuries. The manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith, according to trial testimony.

Samuel Mullet, Sr., 66; Johnny S. Mullet, 39; Daniel S. Mullet, 38; Levi F. Miller, 54; Eli M. Miller, 32; Emanuel Shrock, age unknown; Lester Miller, 37; Anna Miller, age unknown; Linda Shrock, age unknown; Emma J. Miller, age unknown; Kathryn Miller, age unknown; and Lovina Miller, age 32, all of Bergholz, Ohio; Raymond Miller, 27; Freeman Burkholder, 31; Elizabeth A. Miller, age unknown; and Kathryn Miller, age unknown, all from Irondale, Ohio; and Lester Mullet, 27, of Hammondsville, Ohio, were found guilty of conspiring to violate the Matthew Shepard-James Byrd, Jr. Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by use of a dangerous weapon, because of the actual or perceived religion of that person.

The jury also convicted various groups of defendants with four hate crime counts against eight specific victims and found that such hate crimes involved kidnapping. The jury also convicted Samuel Mullet, Sr., Lester Mullet, and Eli Miller with concealing or attempting to conceal various items of tangible evidence. Finally, the jury also convicted Sam Mullet of making false statements to the FBI.

Judge Dan Aaron Polster scheduled a sentencing hearing on January 24, 2013. The defendants face terms of up to life in prison.

“The violent and offensive actions of these defendants, which were aimed at beliefs and symbols held sacred by this country’s Amish citizens, are an affront to religious freedom and tolerance, which are core values protected by our Constitution and our civil rights laws,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Those laws prohibit the use of violence to settle religious differences and the Department of Justice and the Civil Rights Division will vigorously enforce those laws.”

Samuel Mullet, Sr. is the bishop of the Amish community in Bergholz, Ohio, while the remaining defendants are all members of that community. Mullet, Sr. exerted control over the Bergholz community by taking the wives of other men into his home and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.

As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to the indictment.

During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial.

“From day one, this case has been about the rule of law and defending the right of people to worship in peace,” said Steven Dettelbach, U.S. Attorney for the Northern District of Ohio. “Our nation was founded on the bedrock principle that everyone is free to worship how they see fit. Violent attempts to attack this most basic freedom have no place in our country.”

“This case is an excellent example of cooperation between the many law enforcement agencies that investigated these crimes, along with the prosecution team from the U.S. Attorney’s Office and the Department of Justice,” said Stephen Anthony, Special Agent in Charge of the FBI-Cleveland Field Office. “The FBI is committed to investigating hate crimes, including those perpetrated against people motivated by bias toward religion as in this case, or other areas protected by our civil rights statutes.”

This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Justice Department’s Civil Rights Division. The prosecutor’s and sheriff’s offices from Holmes, Carroll, and Jefferson Counties also provided significant assistance in the investigation and prosecution of this case.

Cherry Creek Man Sentenced for Assault

Brendan V. Johnson announced that a Cherry Creek, South Dakota man charged with assault resulting in serious bodily injury and assault with a dangerous weapon was sentenced on September 14, 2012, by United States District Judge Roberto A. Lange. Jody Jeremy Dupris, age 32, was sentenced to 99 months in custody, three years of supervised release, and a $200 special assessment to the Victim Assistance Fund.

Dupris was indicted by a federal grand jury in two separate cases in regard to several felony assaults—the first on November 8, 2011, and the second on February 14, 2012. As part of a joint plea agreement, Dupris pled guilty to two of the felony assaults. The assault resulting in serious bodily injury stems from an August 14, 2010, incident when Dupris severely assaulted and injured a male victim; and the second assault with a dangerous weapon incident occurred on May 27, 2011, when Dupris ran a vehicle he was driving into a van driven by a female. Both assaults occurred in Cherry Creek, South Dakota.

The Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division conducted the investigation. Assistant United States Attorney Mikal Hanson prosecuted the case.

Dupris was remanded to the custody of the United States Marshals Service.

Aryan Brotherhood of Texas Gang Leader Sentenced in Houston for Violent Crimes in Aid of Racketeering

WASHINGTON—A high-ranking member of the Aryan Brotherhood of Texas (ABT) was sentenced today for his role in an aggravated assault that took place in Tomball, Texas, in September 2008, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Steven Walter Cooke, 48, aka “Stainless,” pleaded guilty on March 16, 2012, to racketeering aggravated assault for his role in the beating of an ABT prospect member. Cooke was sentenced today to 87 months in federal prison by senior U.S. District Court Judge Ewing Werlein, Jr. The sentence will run concurrent with a life sentence imposed by U.S. District Judge Marcia Crone on May 3, 2012, in the Eastern District of Texas in connection with Cooke’s role in a 2008 Liberty County, Texas, homicide.

According to court documents, the defendant was a leader of the ABT, a powerful race-based, state-wide organization that operated inside and outside of state and federal prisons throughout the United States. The ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to court documents, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.

According to court documents, the ABT enforced its rules and promoted discipline among its members, prospects, and associates through murder, attempted murder, conspiracy to murder, assault, robbery, and threats against those who violate the rules or pose a threat to the enterprise. Members, and often associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”

According to court documents, Cooke, along with 11 fellow ABT gang members, participated in the beating of a prospective ABT member at Cooke’s home in Tomball on September 22, 2008. The ABT prospect, who sustained serious bodily injury, including an orbital blowout fracture, was beaten by ABT gang members because he violated ABT rules of conduct.

Eleven of the 12 co-defendants previously pleaded guilty to violent crimes in aid of racketeering aggravated assault. The 12th ABT gang member, David Harlow, 43, aka “Bam Bam,” was found guilty at trial by Senior Judge Werlein on March 21, 2012. Harlow was sentenced on July 27, 2012, to 120 months in prison.

This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; the FBI; the U.S. Marshals Service; the Texas Rangers; the Texas Department of Public Safety; the Walker County, Texas, Sheriff’s Office; the Montgomery County, Texas, Sheriff’s Department; the Houston Police Department-Gang Division; the Tomball Police Department; the Texas Department of Criminal Justice-Inspector General; and the Harris County, Texas, Sheriff’s Office.

The case is being prosecuted by David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Jay Hileman of the Southern District of Texas.