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.

Virginia Man Indicted on Federal and Local Charges in Shooting of Security Officer at Family Research Council

Defendant Due in Court for Arraignment on Friday

WASHINGTON—Floyd Lee Corkins, II, 28, of Herndon, Virginia, was indicted by a grand jury today on federal and District of Columbia charges involving the shooting last week of a security guard at the Family Research Council in downtown Washington, D.C.

The indictment was announced by U.S. Attorney Ronald C. Machen Jr.; James W. McJunkin, Assistant Director of the FBI’s Washington Field Office; and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

The grand jury returned the indictment in the U.S. District Court for the District of Columbia. Corkins, who has been in custody since his arrest soon after the August 15, 2012 shooting, was charged with the federal offense of interstate transportation of a firearm and ammunition, along with the District of Columbia offenses of assault with intent to kill while armed and possession of a firearm during a crime of violence.

The federal charge carries a maximum of 10 years in prison. The charge of assault with intent to kill while armed carries a mandatory minimum of five years in prison and a maximum of 30 years. The charge of possession of a firearm during a crime of violence carries a mandatory minimum of five years in prison and a maximum of 15 years.

According to the government’s evidence, on August 15, 2012, at about 10:45 a.m., the defendant entered the office of the Family Research Council, located at 801 G Street NW in Washington, D.C., and encountered an unarmed security guard. The defendant retrieved a firearm from his backpack, pointed it at the security guard, and opened fire, striking the guard in the arm. After being wounded, the guard moved toward the defendant, wrestled the firearm away, and subdued him.

Corkins is scheduled to appear in court for an arraignment and detention hearing on August 24, 2012, before the Honorable Magistrate Judge Alan Kay.

An indictment is merely a formal charge that a defendant has committed a violation of criminal laws, and every defendant is presumed innocent until, and unless, proven guilty.

In announcing the charges, U.S. Attorney Machen, Assistant Director McJunkin, and Chief Lanier expressed their appreciation to all those who diligently investigated this case from the FBI’s Washington Field Office and the MPD. The case is being prosecuted by Assistant U.S. Attorneys T. Patrick Martin and Ann Petalas of the National Security Section of the U.S. Attorney’s Office.

Verona Man Who Shot at FBI Agents Sentenced to 15 Years in Prison

PITTSBURGH—A resident of Verona, Pennsylvania, has been sentenced in federal court to 15 years in prison, five years’ supervised release, $64,266.28 restitution, and forfeiture of four firearms on his conviction of assaulting federal officers and violations of federal firearm laws, United States Attorney David J. Hickton announced today.

United States District Judge Nora Barry Fischer imposed the sentence on Frank Perez, Jr., 31.

According to information presented to the court, on October 4, 2011, Perez forcibly assaulted, resisted, opposed, impeded, and interfered with special agents of the Federal Bureau of Investigation, through the use of three firearms, while the agents were engaged in their official duties. In addition, Perez used, carried, and discharged the firearms in connection with that crime of violence.

Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Frank Perez, Jr.

Jared Lee Loughner Pleads Guilty to Federal Charges in Tucson Shooting

Loughner Faces Life in Prison without Possibility of Release

WASHINGTON—Jared Lee Loughner, 23, of Tucson, Arizona, pleaded guilty today in federal district court to charges stemming from the January 8, 2011 shooting outside a supermarket that killed six people and wounded 13 others. Under the terms of the plea agreement, Loughner will be sentenced to life in prison with no eligibility for parole.

“It is my hope that this decision will allow the Tucson community, and the nation, to continue the healing process free of what would likely be extended trial and pre-trial proceedings that would not have a certain outcome. The prosecutors and agents assigned to this matter have done an outstanding job and have ensured that justice has been done,” said Attorney General Eric Holder. “In making the determination not to seek the death penalty, I took into consideration the views of the victims and survivor families, the recommendations of the prosecutors assigned to the case, and the applicable law.”

“Given the defendant’s history of significant mental illness, this plea agreement, which requires the defendant to spend the remainder of his natural life in prison, with no possibility of parole, is a just and appropriate resolution of this case,” said U.S. Attorney John S. Leonardo. “I hope that today’s resolution of this case will help the victims, their families, and the entire Tucson community take another step forward in the process of healing and recovering from this sad and tragic event.”

“Today, we remember the victims and their families who tragically lost their lives on January 8, 2011, as well as those in the Tucson community who were greatly affected by this senseless tragedy,” stated FBI Special Agent in Charge James L. Turgal, Jr., Phoenix Division. “I would like to thank the Pima County Sheriff’s Office and the United States Attorney’s Office who we worked side-by-side with on every aspect of this joint investigation. I would also like to thank all of our federal, state, and local law enforcement partners for their tireless efforts in this case. The partnerships that we have throughout Arizona enabled the FBI to have a coordinated response which resulted in a comprehensive and thorough investigation—all which has led up to today’s plea agreement.”

According to the plea agreement, on January 8, 2011, Loughner showed up at Congresswoman Gabrielle Giffords’ “Congress on Your Corner” event outside the Safeway grocery store in Tucson, armed with a loaded semi-automatic pistol and carrying three additional magazines containing 60 rounds of ammunition, with the intent of killing Congresswoman Giffords and others attending her community event.

Shortly after arriving at the event that Saturday morning, Loughner shot Congresswoman Giffords in the head and then shot several other people who were in attendance. As a result of the shooting, six individuals were killed and 13 people, including Congresswoman Giffords, were injured, some seriously.

Through a plea agreement, Loughner pleaded guilty to 19 counts of the superseding indictment handed down March 3, 2011, consisting of the following crimes:

■The attempted assassination of U.S. Congresswoman Gabrielle D. Giffords;

■The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman;

■The attempted murders of federal employees and Congressional Aides Ronald S. Barber and Pamela K. Simon;

■Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States;

■Injuring through the use of a Glock pistol Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A. Hileman, George S. Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr., all of whom were participants at an activity provided by the United States.

Loughner also admitted that in committing these offenses, he knowingly created a grave risk of death to Carol A. Dorushka, Robert C. Gawlick, Daniel Hernandez, Mark S. Kimble, Patricia R. Maisch, Emma E. McMahon, Owen A. McMahon, Thomas J. McMahon, Sara M. Rajca, Faith M. Salzgeber, Roger D. Salzgeber, Doris Tucker, and Alexander J. Villec.

Under the terms of the plea agreement, Loughner will be sentenced to seven consecutive life sentences, followed by 140 years in prison, as follows:

Loughner will be sentenced to a term of life in prison for each of the following crimes:

■The attempted assassination of Congresswoman Gabrielle D. Giffords;

■The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman; and

■Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Shneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States.

Loughner will also be sentenced to the maximum term of 20 years in prison for each of the attempted murders of Congressional Aides Ronald S. Barber and Pamela K. Simon.

Finally, Loughner will be sentenced to the maximum term of 10 years in prison for injuring through the use of a Glock pistol each of the following:

■Bill D. Badger;

■Kenneth W. Dorushka;

■James E. Fuller;

■Randy W. Gardner;

■Susan A. Hileman;

■George S. Morris;

■Mary C. Reed;

■Mavanell Stoddard;

■James L. Tucker; and

■Kenneth L. Veeder, Sr.

Convictions for the attempted assassination of a member of Congress, the murder of a federal employee, and causing the death of a participant in a federally provided activity each carry a maximum sentence of life in prison (or death in the case of murder), a $250,000 fine, or both. A conviction for the attempted murder of a federal employee carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. A conviction for injuring a participant in a federally provided activity carries a maximum penalty of 10 years in prison, a $250,000 fine, or both. In determining an actual sentence, U.S. District Judge Larry A. Burns will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

Sentencing is set before Judge Burns on November 15, 2012, at 10:00 a.m. in Tucson.

The investigation in this case was conducted by the FBI and the Pima County, Arizona Sheriff’s Office. The prosecution is being handled by Wallace H. Kleindenst and Mary Sue Feldmeier, Assistant U.S. Attorneys, District of Arizona, Tucson, with the assistance of C.J. Williams, who served as trial attorney with the Department of Justice’s Criminal Division; Christina M. Cabanillas, Appellate Chief; and Bruce Ferg, Assistant U.S. Attorney (Appellate), District of Arizona, Tucson.

Keller Woman Sentenced to 120 Months’ Imprisonment for Discharging a Firearm During a Crime of Violence

SPOKANE, WA—Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Leona Sutton, age 34, of Keller, Washington, was sentenced for discharging a firearm during a crime of violence and assault with a dangerous weapon. The Honorable Wm. Fremming Nielsen sentenced Leona Sutton to a term of 120 months and one day imprisonment, to be followed by a three-year term of court supervision after she is released from prison. The judge also ordered her to pay $5,796.24 in restitution. Leona Sutton, an enrolled member of the Confederated Tribes of the Colville Reservation, has been in custody since October 2, 2011.

Leona Sutton was convicted of these crimes following a three-day jury trial in Federal District Court in Spokane, Washington. Evidence introduced at trial established that during the evening of October 2, 2011, Leona Sutton shot an individual in the chest with a .22 caliber rifle. The shooting occurred at the victim’s residence in Keller, Washington, on the Colville Indian Reservation. The victim, who survived the shooting, and two other individuals present at the time of the shooting testified at trial.

Michael C. Ormsby stated, “Crimes of violence will not be tolerated in the Eastern District of Washington, particularly those crimes occurring on Tribal Lands. The Sutton case is yet another example of the United States Attorney’s Office’s commitment to prosecute vigorously violent crimes.”

This case was investigated by the Colville Triable Police Department and the Federal Bureau of Investigation. The case was prosecuted by George J.C. Jacobs, III, an Assistant United States Attorney for the Eastern District of Washington.

Tribal Law Enforcement Shooting Under Investigation

The FBI, with the assistance of the New Mexico State Police and the Navajo Nation Division of Public Safety, is investigating a shooting involving a tribal law enforcement officer.

The shooting occurred at approximately 3 a.m. Wednesday, June 4, 2012 on the Navajo Nation, in the vicinity of Two Grey Hills, New Mexico, near the New Mexico-Arizona border southwest of Shiprock.

Navajo Police officers were investigating the death of Harland Begay, 34, of Newcomb, who died in an altercation with two other males near Sheep Springs on Tuesday afternoon.

Two officers later located two individuals believed to be the suspects in a stopped vehicle.

A confrontation ensued between one of the officers and an individual, and shots were fired.

An adult male in the vehicle was airlifted in critical condition to San Juan Regional Medical Center. No additional information is available on his status.

The officers and the other male in the vehicle were not injured.

FBI special agents and state police experts processed the shooting scene.

Investigations into the shooting and Begay’s death are ongoing.

The identities of the officers and the possible suspects are not being released at this time.

Hogsett Announces Sentencing of Man Who Possessed Gun Used to Kill Officer Brent Long

Final Defendants Sentenced Today; Seven Individuals Prosecuted for Roles in Murder

TERRE HAUTE—“Today marks the conclusion of a difficult chapter in Terre Haute’s history, but we will not rest in our continued effort to honor the life and service of Officer Brent Long,” said Joseph H. Hogsett, the United States Attorney, in announcing the sentencing of Brad “Pappy” Keller, age 48, to 18 months in federal prison today by District Judge William T. Lawrence. This follows Keller’s guilty plea to charges of illegally possessing a firearm as a convicted felon, a weapon which was subsequently sold to and used by Shaun Seeley in the killing of Terre Haute Police Officer Brent Long on July 11 of last year.

“These convictions represent a groundbreaking legal strategy,” Hogsett added. “I pledge that our office will continue to use every means available to hold accountable all those who put law enforcement officers in harm’s way.”

On July 11, 2011, Officer Brent Long and his K-9 partner, Shadow, entered a Terre Haute residence while serving a warrant on Shaun Seeley for a felony probation violation. Gunfire was heard outside the residence, and after law enforcement officers entered the house, Officer Long was recovered and Seeley, dead of an apparently self-inflicted gunshot wound, was identified. Officer Long passed away as a result of his injuries.

After discovering that state law did not provide an effective path of prosecution against those involved in the killing, the U.S. Attorney’s Office assisted with the opening of a federal investigation into Officer Long’s death. Led by the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), this effort resulted in last year’s indictment of seven Terre Haute residents.

According to Assistant U.S. Attorney Matthias D. Onderak, who prosecuted the case for the government, seven defendants have now been sentenced for their roles in the shooting. That includes five individuals—Heather Elkins, 23; Charles Elkins, 23; Roberta Utterback, 51; Jenny Torres, 23; and Jesse Padgett, 21—who all admitted to making a material false statement to law enforcement in relation to the events of that day.

Two individuals, Scott Griffy and Brad “Pappy” Keller, pleaded guilty to charges in connection with their alleged illegal possession and sale of the weapon used in the shooting. Specifically, Keller admitted to illegally possessing the 9mm pistol used by Shaun Seeley in killing Officer Long. That firearm was later obtained by Scott Griffy, also a convicted felon, who was sentenced to seven years in prison in August on charges relating to the illegal sale of the weapon to Seeley shortly before the shooting.

According to Assistant U.S. Attorney Matthias D. Onderak, who prosecuted the case for the government, Keller is a five-time convicted felon, including prior convictions for burglary and attempted burglary in Vigo County. Keller was on probation for drug charges relating to the possession and production of methamphetamine when he was arrested.

Since filing these charges, the United States Attorney’s Office has used the “Terre Haute” prosecution strategy in two other police-related shootings. In January 2011, Indianapolis Metropolitan Police Department Officer David Moore was gunned down by an illegally armed convicted felon during a routine traffic stop. Last week, Hogsett announced charges against an individual alleged to have illegally possessed and sold the firearm used by the convicted felon to murder Officer Moore.

Similarly, Hogsett recently announced charges against another individual who is alleged to have illegally sold a firearm to a convicted felon who later used that weapon to wound IMPD Officer Dewey Runnels during a routine traffic stop.

“Our commitment is real, and our resolve is unwavering,” Hogsett added. “This office simply will not tolerate violence against our law enforcement officers, just as we will not allow the lawless behavior that enables such tragedies to go unpunished.”