Statement on Investigation into Shooting of Border Patrol Agents

The FBI and the Cochise County Sheriff’s Office are conducting a joint investigation into the shooting of Border Patrol agents near Naco, Arizona, on Tuesday, October 2, 2012, in the early morning hours. One agent died from his injuries and another, who sustained non-life threatening wounds, was airlifted to a local hospital. The investigation remains ongoing.

Cannon Ball Man Sentenced for Assault on a Federal Officer

BISMARCK, ND—U.S. Attorney Timothy Q. Purdon announced that on September 24, 2012, Bruce Flying Horse, 23, of Cannon Ball, North Dakota, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assaulting a federal officer.

Flying Horse pleaded guilty to the charge on June 22, 2012. Judge Hovland ordered Flying Horse imprisoned for a period of seven months, followed by a placement at a half-way house for an additional six months. Flying Horse will be on supervised release for two years. Flying Horse must pay a $100 special assessment to the Crime Victim’s Fund.

On February 21, 2012, law enforcement officers responded to a disturbance call from a Cannon Ball residence. When officers arrived, Flying Horse was detained by the occupants of the residence. When the officers attempted to place Flying Horse under arrest, Flying Horse began striking out towards the officers, and Flying Horse struck a federal officer in the chin.

The case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Standing Rock Agency, Standing Rock Police Department, and Standing Rock Tribal Prosecutor’s Office.

Assistant U.S. Attorney Gary Delorme prosecuted the case.

Cheryl Steward Pleads Guilty to Charges Related to Murder of Captain Dennis Cagle

JACKSON, TN—Cheryl Freeman Steward, age 52, of Henderson, Tennessee, pled guilty today to charges related to the murder of Captain Dennis Cagle. Freeman pled guilty to two counts of attempted robbery affecting commerce, in violation of Title 18, United States Code, Section 1951, and a being convicted felon that was prohibited from possessing a firearm, in violation of Title 18, United States Code, Sections 922(a)(6) and 924(a)(2) of the superseding indictment, announced Edward L. Stanton III, United States Attorney for the Western District of Tennessee.

The charges stem from the December 10, 2009, attempted robbery of the Save-A-Lot grocery store in Henderson, Tennessee committed by Cheryl Steward’s husband, Ricky Stewart. Ricky Stewart fired upon officers who responded to the robbery in progress, including Henderson Police Captain Dennis Cagle, who later succumbed to the injuries he received from a gunshot wound. Cheryl Steward will be sentenced by U.S. District Court Judge J. Daniel Breen on November 30, 2012 at 1:30 p.m.

The case was investigated by the Tennessee Bureau of Investigation, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, the Henderson Police Department, and the Chester County Sheriff’s Office. District Attorney General Jerry Woodall and Assistant District Attorney Jody Pickens served as special counsel in this case. Assistant United States Attorney Victor L. Ivy prosecuted the case on behalf of the United States.

Sikes Man Convicted of Firing Shots at Louisiana National Guard Helicopter

SHREVEPORT, LA—United States Attorney Stephanie A. Finley announced today that James Lamar Kelly, age 61, of Sikes, Louisiana, was found guilty of three felony counts by a jury last night in federal court in Alexandria of three counts which charged Kelly with endangering the safety of the pilot of a Louisiana Army National Guard helicopter in flight, committing an act of violence against the pilot, and using a deadly and dangerous weapon to forcibly assault, resist, oppose, impede, intimidate, and interfere with the pilot.

Testimony at the two-day trial before U.S. District Judge Dee Drell showed that on August 2, 2010, the Louisiana State Police and the Winn Parish Sheriff’s Office were conducting a marijuana eradication program detail in Winn Parish. Louisiana Army National Guard (LANG) Counter-Drug Task Force helicopters based at Camp Beauregard in Pineville were assisting in this program by providing pilots and helicopters for the Louisiana State Police to use to conduct aerial surveillance. The LANG Counter Drug Task Force is funded and staffed by the U.S. Department of Defense. This case began when a Louisiana State Trooper was in each helicopter making observations of areas where it was suspected marijuana was being cultivated. At about 3:00 p.m., on Shell Road near Sikes, Louisiana, one of these helicopters was fired upon by a person on the ground. The pilot took action and immediately left the area. He landed at the airport in Natchitoches and inspected the helicopter for damage. No bullet holes were found, and neither the pilot nor the trooper on board were injured. Soon thereafter, Louisiana State Police troopers, Winn Parish Sheriff’s deputies, and a Louisiana Wildlife and Fisheries agent located and arrested James Lamar Kelly without incident. They also recovered the 9 mm semiautomatic handgun that Kelly used to shoot at the helicopter.

While at Kelly’s house, Troopers noted a large amount of undelivered mail in various vehicles parked in Kelly’s yard. Kelly was working for a private contractor who had a contract to deliver mail to over 250 U.S. Postal Service customers on a rural route in Winn Parish. Kelly admitted that instead of delivering the mail on his route, he brought it back to his house where he kept it until he either placed it in a dumpster or burned it. Kelly also admitted that he had not been delivering the mail for approximately four years.

Kelly was indicted for the three charges concerning his firing shots at the helicopter and an additional charge of theft of mail. Kelly entered a guilty plea to the theft of mail charge on August 23, 2012, and pled not guilty to the charges related to the helicopter.

Kelly is on bond and scheduled to be sentenced on December 14, 2012, for four offenses of conviction. He faces a maximum sentence of 20 years’ imprisonment on each count concerning the shots fired at the helicopter. The maximum sentence for theft of mail is five years’ imprisonment. Additionally, Kelly can be sentenced a fine of $250,000, three years of supervised release on each charge and forfeiture of his firearm.

U.S. Attorney Finley stated, “Firing shots at any aircraft is a serious crime which endangers both those on the aircraft and those below. This Army National Guard helicopter pilot was performing an important mission in assisting the state trooper on board and state police troopers and Winn Parish Sheriff’s deputies on the ground in their drug eradication program. Luckily, no one was hurt by the defendant’s illegal conduct.”

This case was investigated by the Louisiana State Police, Region II in Alexandria, the United States Postal Service, Office of Inspector General Office, and the FBI. It was prosecuted by Assistant United States Attorney Robert W. Gillespie, Jr.

Cheryl Steward Pleads Guilty to Charges Related to Murder of Captain Dennis Cagle

Jackson, TN – Cheryl Freeman Steward, age 52, of Henderson, Tennessee, pled guilty today to charges related to the murder of Captain Dennis Cagle. Freeman pled guilty to two counts of attempted robbery affecting commerce, in violation of Title 18, United States Code, Section 1951, and a convicted felon that was prohibited from possessing a firearm, in violation of Title 18, United States Code, Sections 922(a)(6) and 924(a)(2) of the superseding indictment, announced Edward L. Stanton III, United States Attorney for the Western District of Tennessee.

The charges stem from the December 10, 2009, attempted robbery of the Save-A-Lot grocery store in Henderson, Tennessee committed by Cheryl Steward's husband Ricky Stewart. Ricky Stewart fired upon officers who responded to the robbery in progress, including Henderson Police Captain Dennis Cagle, who later succumbed to the injuries he received from a gunshot wound. Cheryl Steward will be sentenced by U.S. District Court Judge J. Daniel Breen on November 30, 2012 at 1:30 p.m.

The case was investigated by the Tennessee Bureau of Investigation, the Federal Bureau of Investigation, the ATF, Immigration and Customs Enforcement, the Henderson Police Department and the Chester County Sheriff's Office. District Attorney General Jerry Woodall and Assistant District Attorney Jody Pickens served as special counsel in this case. Assistant United States Attorney Victor L. Ivy prosecuted the case on behalf of the United States.