Former Sheriff’s Deputies and Convicted Felons Indicted in Relation to Drug Conspiracy, Firearm Possession

McALLEN, Texas — Two former deputy sheriffs from Duval County, Texas, have been indicted on charges of conspiracy to distribute more than five kilograms of cocaine, United States Attorney Kenneth Magidson announced today.

Ruben Silva, 35, of Freer, Texas, was arrested following the filing of a criminal complaint on May 24, 2012, and an arrest warrant is now pending for Victor Carrillo, 27, of Hebbronville, Texas. Both were deputy sheriffs at the time of the alleged offenses but are no longer employed by Duval County. Also arrested by separate criminal complaint in relation to this case were Jerry Tovar, 39, and Jose Luis Tovar, 47, both of Mission, Texas.

Silva and Jerry and Jose Luis Tovar remain in federal custody following their previous appearances before U.S. Magistrate Judge Dorina Ramos. Victor Carrillo is expected to make a similar appearance in the near future before a magistrate judge after being taken into custody.

The criminal complaint charging Silva alleges he conspired with Jerry Tovar and others, including Carrillo, for Silva to transport 10 kilograms of cocaine from Mission and smuggle the cocaine north through the checkpoint using former Deputy Silva’s Duval County patrol unit to Freer, Texas. Once the cocaine arrived north of the checkpoint in Freer, the alleged agreement was for the cocaine to then be further distributed by another person designated by Tovar. The complaint alleges Silva received $5,000 as payment for his role in the drug distribution conspiracy.

A separate criminal complaint filed against Jerry and Jose Luis Tovar alleges the brothers sold an uncover federal agent six firearms on May 10, 2012, near Jose Luis Tovar’s home in Mission. At least two of the firearms allegedly sold to uncover agents were Uzi type weapons. Both Tovar brothers are convicted felons and are prohibited from possessing firearms. Additionally, the indictment charges Jose Luis Tovar with possessing two additional firearms on the day he was arrested on the criminal complaint.

If convicted, Silva, Carrillo and Jerry Tovar face a penalty from 10 years to life and a fine of up to $20 million. Jerry Tovar and Jose Luis Tovar face up to 10 years in prison and a fine not to exceed $250,000 on the firearms charges.

This case is being jointly investigated by the Drug Enforcement Administration, Texas Rangers, Texas Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Border Patrol. Assistant U.S. Attorneys Cory J.H. Crenshaw and Jason C. Honeycutt are prosecuting the case.

Anchorage Man Indicted for Kidnapping and Killing Samantha Koenig

ANCHORAGE—United States Attorney Karen L. Loeffler announced today, April 18, 2012, that a federal grand jury returned an indictment against Israel Keyes on charges that he kidnapped and killed 18-year-old Samantha Koenig.

The indictment charges Keyes with three counts: (1) kidnapping resulting in the death of Samantha Koenig, in violation of Title 18 U.S.C. § 1201(a)(1); (2) receiving and possessing ransom money in violation of Title 18 U.S.C. § 1202(a); and (3) access device fraud, in violation of Title 18 U.S.C. § 1029(a)(5).

The indictment alleges that Israel Keyes, age 34, abducted Samantha Koenig from the Common Grounds coffee stand on Tudor Road on February 1, 2012 and took her against her will to his white pickup truck that was parked across the street. The allegations continue that he confined her and intentionally killed her early the next morning.

The indictment also alleges that Keyes stole a debit card from a vehicle shared by Ms. Koenig that was parked near her residence and that he further obtained the PIN for that card from Samantha Koenig. Keyes also sent text messages from Samantha’s cell phone to conceal her abduction. According to the indictment, Keyes then left Alaska and boarded a flight to Texas.

The indictment further alleges that on February 24, Keyes sent a text message using Samantha’s cell phone for the purpose of demanding that ransom money be placed into the bank account connected to the stolen debit card. With the help of the reward money generously contributed by members of this community, Samantha’s family deposited money into this account, and the indictment charges that Keyes used the stolen debit card to withdraw this ransom money from ATMs in Alaska, and then in New Mexico, Arizona, and Texas. Law enforcement was able to track these withdrawals.

The crime of kidnapping and killing Samantha Koenig charged in the indictment carries a maximum penalty of life in prison or death. The United States anticipates that Israel Keyes will be arraigned in federal court on these charges tomorrow.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

The charges today are the result of the dedicated work and cooperation of the Anchorage Police Department, the FBI, the Texas Rangers and State Police, the Lufkin Texas Police Department, the Anchorage District Attorney’s Office, and the United States Attorney’s Office.

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

WASHINGTON – Five members of the Aryan Brotherhood of Texas (ABT) have been sentenced to federal prison for their role in an aggravated assault that took place in Tomball, Texas, in September 2008, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

 U.S. District Court Senior Judge Ewing Werlein Jr. today sentenced Zechariah Aaron Johnston, 31, aka “Oz,” to 84 months in prison; Stephen Kyle Knebel, 33, aka “Lil Evil,” to 24 months in prison; Robert Lynn Sheats, 33, aka “Dirty,” to 36 months in prison; and Johnny Ray Nichols, 35, aka “Nick,” to 18 months in prison.  On March 23, 2012, Senior Judge Werlein sentenced Rusty Dwayne Plante, 34, aka “Rusty,” to 36 months in prison.

 All five defendants pleaded guilty for their role in the aggravated assault of an ABT prospect member.  Johnston, Knebel and Nichols each pleaded guilty to racketeering aggravated assault.  Plante and Sheats pleaded guilty to conspiracy to commit racketeering aggravated assault.  All five defendants are from the greater Houston area.

 According to court documents, the defendants were members 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 enforces its rules and promotes 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 oftentimes associates, are required to follow the orders of higher-ranking members, often referred to as “direct orders.”

 According to court documents, Johnston, Knebel, Plante, Nichols and Sheats, along with seven fellow ABT gang members, participated in the beating of an ABT prospect member at the home of another ABT gang leader, Steven Walter Cooke, 48, aka “Stainless,” in Tomball, on Sept. 22, 2008.  The ABT prospect, who sustained serious bodily injury, was beaten by ABT gang members because he violated ABT rules of conduct.

 Eleven of the 12 co-defendants have pleaded guilty for their roles in the assault.  The 12th ABT gang member, David Harlow, 43, aka, “Bam Bam,” was found guilty by Senior Judge Werlein on March 21, 2012, at trial in the Southern District of Texas.

 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 Ranger Division – 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.

Aryan Brotherhood of Texas Gang Member Convicted in Houston of Racketeering Charges

WASHINGTON—Aryan Brotherhood of Texas (ABT) gang member David Harlow was found guilty today by Senior U.S. District Judge Ewing Werlein, Jr. in Houston of racketeering aggravated assault and conspiracy to commit racketeering aggravated assault for his role in the 2008 beating of a gang prospect.

The guilty verdict was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson for the Southern District of Texas.

According to evidence presented at trial, Harlow, 43, aka “Bam Bam,” was a member of the ABT, a powerful race-based, state-wide organization that operated inside and outside state and federal prisons and elsewhere in the United States. The evidence showed that the ABT was established in the early 1980s within the Texas prison system and modeled itself after and adopted many of the teachings 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 filings, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, however, the ABT expanded its criminal enterprise to include illegal activities for profit.

The evidence presented at trial also showed that 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, are required to follow the orders of higher-ranking members, often referred to as “direct orders.”

Specifically, evidence presented at trial showed that Harlow, along with 11 fellow ABT gang members, participated in the beating of a prospective gang member at the home of an ABT gang leader—Steven Walter Cooke, 48, aka “Stainless”—in Tomball, Texas on September 22, 2008. The prospect, who sustained serious bodily injury, was beaten by gang members because he violated certain ABT rules of conduct.

All of Harlow’s 11 co-defendants, including Cooke, previously pleaded guilty to violent crimes in aid of racketeering.

Harlow faces a maximum sentence of 20 years in prison. Sentencing for Harlow is scheduled for June 15, 2012, before Judge Werlein.

This case is being investigated by FBI’s Multi-Agency Gang Task Force, which consists 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 Montgomery County, Texas Precinct 4 Constable’s Office; the Montgomery County Sheriff’s Department; the Houston Police Department-Gang Division; 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 U.S. Attorney’s Office for the Southern District of Texas.

Federal Prison Term Handed Down to San Antonio Texas Mexican Mafia Member

United States Attorney Robert Pitman announced that in Del Rio, 34-year-old Valdomero Hernandez, Jr., was sentenced to 300 months in federal prison followed by five years of supervised release for conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute.

The conspiracy alleged that Hernandez and others agreed to conduct the affairs of the Texas Mexican Mafia in the Uvalde, Eagle Pass and Del Rio areas through a pattern of racketeering acts. This included murder, solicitation of murder, drug trafficking and extortion. The extortion took the form of coercive collection of a ten percent drug tax, also known as “the dime,” from drug distributors known to the members of the criminal enterprise. Collection was enforced by robbery, serious bodily injury, or other acts of violence, including the murders of Christopher Mendez in Concan, Texas, on December 6, 2006, and Jose Damian Garza in Hondo, Texas, on July 19, 2008.

Hernandez appeared before United States District Judge Alia Moses for sentencing yesterday. In addition to the prison term, Judge Moses ordered that Hernandez pay a $7,500 fine. In July 2010, Hernandez pleaded guilty to the conspiracy charge.

Hernandez is the ninth defendant in this case to be sentenced. In July, a federal jury convicted Javier “Javi” Guerrero, age 23, of Uvalde, and 26-year-old Victor Esquivel of Eagle Pass of conspiracy to violate the RICO statute. Both face up to life in federal prison. Sentencing for Guerrero and Esquivel is scheduled for April 16, 2012.

This case resulted from a joint investigation by the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement and the Texas Department of Public Safety – Criminal Investigations Division, with assistance from the Drug Enforcement Administration, the Hondo Police Department, Texas Department of Public Safety – Texas Rangers, Uvalde Police Department and the Uvalde County Sheriff’s Office. This investigation is the first to directly target the gang’s machinery operating along the Texas–Mexico international border in the cities of Eagle Pass, Del Rio, Crystal City, Carrizo Springs, Uvalde, Sabinal and Hondo.

Former Texas Department of Criminal Justice Guard Pleads Guilty to Trafficking Heroin

HOUSTON—A former Texas Department of Criminal Justice (TDCJ) Institution Division guard has been convicted of possessing with intent to distribute heroin, United States Attorney José Angel Moreno announced today.

Alejandro Smith, 21, pleaded guilty on Monday, Aug. 22, 2011, to the federal felony offense admitting that on June 1, 2011, while employed as a TDCJ guard he received a purple duffle bag containing one pound of heroin which he intended to distribute. The investigation leading to Smith’s arrest began on May 31, 2011, when the FBI learned from a confidential source of information that Smith, a TDCJ guard at the Eastham Unit, was providing contraband to prisoners. The following day, while in the presence of a undercover officer, Smith arrived at the parking lot of a Huntsville area discount store driving a green Buick and parked next to an undercover vehicle. Smith got out of his vehicle, entered the passenger side of the undercover vehicle and was given a purple duffle bag containing heroin. After Smith retrieved the bag, he returned to the green Buick and placed the purple duffle bag containing the heroin in his front passenger seat. Immediately following the delivery, Smith was arrested.

Judge Lynn N. Hughes, who presided over yesterday afternoon’s hearing, accepted Smith’s guilty plea, convicted him of the offense and set sentencing for Nov. 21, 2011. Smith has been permitted to remain on bond pending his sentencing hearing. Smith faces no less than five years and up to 40 years in federal prison and a $5 million fine.

The investigation leading to the charges was conducted by the FBI and Texas Rangers with the assistance of TDCJ-Office of Inspector General, Huntsville and Katy Police Departments, and the Walker County Sheriff’s Office.

Assistant U.S. Attorney James McAlister prosecuted the case.

Veteran Police Officer Sentenced for Federal Firearms and Mail Fraud Violations

BEAUMONT, Texas – A 56-year-old veteran peace officer has been sentenced to federal prison for firearms and mail fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Harry Leroy Kelley, of Kingwood, Texas, was found guilty by a jury on Feb. 3, 2011, of possession of stolen ammunition and two counts of conspiracy to commit mail fraud and was sentenced to 12 months and one day in federal prison today by U.S. District Judge Thad Heartfield.

According to information presented in court, from 1992 to 2009, Kelley served almost exclusively as a police officer for the Cleveland Police Department in Liberty County, Texas, and for a short time in 2009, as a captain with the Liberty County Sheriff’s Office. During a portion of that time, Kelley had control over Cleveland Police Department’s firing range and at least 100,000 rounds of 40 caliber hollow-point semi-automatic ammunition. Those rounds had been specifically manufactured for use by law enforcement officers and were provided to Kelley for use by federal agents who were required to qualify at the firing range. Instead of using the rounds of ammunition for the intended purpose of qualifying Cleveland Police Department law enforcement officers at the range, Kelley instead converted the ammunition for his own use by exchanging it for 86 new weapons which he could sell through his business, K Ventures, and providing some of that same ammunition to customers who purchased new firearms from K Ventures.

Kelley was also convicted of conspiracy to commit mail fraud specifically related to when he was employed as a Captain with the Cleveland Policed Department. In early 2008, Kelley devised a scheme to purchase six Glock training pistols from Glock, Inc. These specially crafted pistols, which are designed to fire non-lethal type projectiles called “simunition,” are intended for use as training aids and available only for purchase by law enforcement agencies. Kelley agreed to purchase the pistols for a non-law enforcement individual by ordering the items on Cleveland Police Department stationary and falsely stating the pistols were being purchased by Cleveland Police Department for use by that agency when in fact, Kelley did not have authority to make the purchase and intended to turn the items over to the non-law enforcement individual.

The second conviction of conspiracy to commit mail fraud is from when Kelley was employed as a Captain with the Liberty County Sheriff’s Office. In early 2009, Kelley devised a scheme to purchase six laser sights from Insight Technology. The sale of these laser sights were restricted to government, military and law enforcement agencies and not to be transferred to individual law enforcement or civilian personnel. Again, Kelley agreed to purchase the laser sights for a non-law enforcement individual by ordering the items on behalf of the Liberty County Sheriff's Office and falsely stating the laser sights were being purchased by the Liberty County Sheriff's Office for use by that agency when in fact, Kelley did not have authority to make the purchase and intended to turn the items over to the non-law enforcement individual.

Kelley was indicted by a federal grand jury on Aug. 4, 2010 and charged with federal firearms violations and mail fraud.

This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case was investigated by the ATF, the Texas Rangers and the Cleveland Police Department and was prosecuted by Assistant U.S. Attorneys John A. Craft and Joseph R. Batte.