Dayton Duo Sentenced for Deadly Armed Home Invasion

DAYTON—Theron E. Lewis, aka “T-Streets,” 27; and Keith A. Watson, aka “Hooskal King”; and “Buck,” 29, both of Dayton, were sentenced in U.S. District Court today to charges stemming from an April 3, 2007 deadly armed home invasion of a West Dayton residence that resulted in the shooting death of a 52-year old man.

Lewis was sentenced to 25 years in prison. Watson received an 11-year sentence.

In February, Lewis pleaded guilty to one count of being a felon in possession of ammunition and one count of violating the Hobbs Act. Watson pleaded guilty to one count of violating the Hobbs Act. This case resulted from an investigation led by the Dayton Federal Safe Streets Task Force and the Dayton Police Department Homicide Unit.

Carter M. Stewart, United States Attorney for the Southern District of Ohio; Edward J. Hanko, Special Agent in Charge, Federal Bureau of Investigation Cincinnati Division (FBI); Dayton Police Chief Richard Biehl; and members of the Safe Streets Task Force announced the sentences handed down today by U.S. District Judge Timothy S. Black.

According to court documents, in April 2007, Lewis, Watson, and an unidentified, now-deceased, individual met, planned, and conspired to commit an armed home invasion and robbery of an occupied residence located at 1637 Harold Street in Dayton for the purpose of stealing drugs and drug cash proceeds believed to be stored in the home. All the conspirators possessed loaded handguns, gained entry into the residence, and threatened the six adult occupants with acts of force and physical violence.

Watson ordered three of the occupants to lie down on the floor as he guarded the front door, while Lewis and the third co-conspirator proceeded to a rear bedroom where three other occupants were located, including a quadriplegic. The robbers demanded money and drugs, which the occupants denied having. As the discussions became increasingly heated, Lewis shot and murdered the 52-year-old occupant at point-blank range. Upon locating and stealing $5,200 in drug proceeds, the trio fled the scene.

Lewis’s sentence was ordered to run concurrently with a 23-year-to-life state sentence he is serving on an unrelated murder. Watson’s sentence will be served after he completes a two-year sentence on a state charge.

Stewart commended the cooperative investigation by the federal and local agencies, along with Assistant U.S. Attorneys Dwight K. Keller and Brent G. Tabacchi, who prosecuted the case.

Lukeville CBP Officers Arrest 3, Seize Coke, Heroin, Cash, Ammo

Lukeville, Ariz. — Three men, two Mexican nationals and one U.S. citizen, were arrested in separate incidents Friday and Saturday for attempting to smuggle contraband across the international border.

Friday, Customs and Border Protection officers working at the Lukeville Port, selected a 2005 Ford Focus for a random secondary inspection when the driver applied to enter the U.S. During the inspection, officers discovered 25 pounds of cocaine valued in excess of $227,000 hidden behind the vehicle’s dashboard.

A U.S. citizen was arrested Saturday after officers selected his 2001 Dodge pickup for a random inspection and, with the aid of a CBP drug-detecting canine, found a non-standard vehicle battery under the hood containing nearly 12 pounds of heroin valued at almost $160,000.

Officers conducting outbound operations at the port selected a 1997 Dodge Stratus for a random examination and, using a fiber optic scope, located packages in the vehicle’s fuel tank that turned out to be nearly $25,000 in unreported cash and more than 1,200 rounds of ammunition in varying calibers. During a follow-on search of the driver, a Mexican national, officers discovered he was in possession of $2,000 more than he claimed to be carrying.

In each incident, vehicles and contraband were processed for seizure. The individuals were turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of our Nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

National President, National Vice President, and 39 Members and Associates of the Devils Diciples Motorcycle Gang Indicted

WASHINGTON—An indictment unsealed today in the Eastern District of Michigan charges 41 members and associates of the Devils Diciples Motorcycle Gang, including National President Jeff Garvin Smith and National Vice President Paul Anthony Darrah, for their alleged participation in a variety of criminal offenses, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Barbara McQuade for the Eastern District of Michigan, and FBI Acting Assistant Director Valerie Parlave.

Thirty-one defendants were arrested today in Michigan and Alabama and five defendants were previously in custody. More than 60 firearms and more than 6,000 rounds of ammunition were seized during this investigation. In addition, eight methamphetamine manufacturing laboratories were dismantled during the investigation.

The indictment alleges that the 41 Devils Diciples members and associates, including Smith and Darrah, participated in various criminal acts, including violent crimes in aid of racketeering, drug trafficking, illegal firearms offenses, obstruction of justice, illegal gambling, and other federal offenses. Eighteen of the defendants, including Smith and Darrah, are charged with violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act by conducting their illegal enterprise through a pattern of racketeering activity which included murder, robbery, extortion, drug trafficking, obstruction of justice, and other federal and state offenses.

“For years, according to the indictment, the Devils Diciples have spread fear in cities throughout Michigan and around the country,” said Assistant Attorney General Breuer. “This violent criminal enterprise allegedly profits from drug trafficking and illegal gambling and uses intimidation and violence to silence its adversaries and maintain control over its members. Today’s arrests of the Devils Diciples’ top leaders and 39 of the gang’s members and associates are an important step in our efforts to dismantle violent criminal enterprises across the country.”

“Removing violent criminal organizations from our community is essential to attaining the quality of life we expect and deserve,” said U.S. Attorney McQuade. “Federal law enforcement is using all legal tools available to prosecute violent criminal enterprises like this one.”

“Today’s law enforcement action takes violence off the streets,” said FBI Acting Assistant Director Valerie Parlave. “The FBI appreciates the strong law enforcement partnerships leading to this activity and will continue its commitment to state and local communities to address this violent, and often brutal, criminal threat across the U.S.”

According to the indictment, the Devils Diciples is a criminal enterprise with its national headquarters in Clinton Township, Michigan. The Devils Diciples operates regional chapters located in cities throughout Michigan, Alabama, Arizona, California, Illinois, Indiana, Ohio, and elsewhere. The Devils Diciples engage in criminal activities for financial gain, including distribution of narcotics, theft, transportation and sale of stolen motorcycles, conducting illegal gambling businesses, robbery, extortion, and acts of violence.

According to the indictment, membership in the Devils Diciples is based in part on successfully completing a probationary period, followed by formal approval by one or more members or leaders. Members are required to own Harley Davidson motorcycles and are commonly referred to as “full patched members.” Full patched members are identified by a club name or nickname for the express purpose of concealing their identity and thwarting identification by law enforcement. Members are required to follow orders from leadership, including orders to assault or use threats and intimidation against others, to transport or distribute drugs, to lie to law enforcement, or to hide or destroy evidence. Members are also required to follow the Devils Diciples by-laws and attend regular meetings referred to as “church.”

The indictment alleges that the Devils Diciples committed acts involving attempted murder, robbery, extortion, assault, and threats of violence to maintain the territory of the organization and to protect the organization and its members from detection and prosecution by law enforcement authorities.

The indictment charges the 41 Devils Diciples members and associates with a variety of criminal offenses including violent crimes in aid of racketeering, drug trafficking, illegal firearms offenses, obstruction of justice, and other federal offenses.

Specifically, the indictment alleges that in August 2003, Vincent John Witort and multiple other Devils Diciples members robbed, kidnapped, and attempted to murder other members of the Arizona Chapter for violating Devils Diciples rules.

The indictment alleges that in 2004, Smith possessed state and federal law enforcement manuals regarding outlaw motorcycle gangs marked “For Official Use Only” and “Law Enforcement Sensitive” and numerous documents related to criminal matters involving members of the Devils Diciples, including police reports, search warrants, affidavits, indictments, and witness interview transcripts.

Smith allegedly assaulted another individual in August 2008 for the purpose of maintaining and increasing position in the Devils Diciples enterprise. The indictment also alleges that in late 2008, Smith, Paul Anthony Darrah, and Cary Dale Vandiver assaulted Scott Thomas Perkins with a metal pipe.

According to the indictment, in February 2009, Ronald Raymond Roberts, Christopher Raymond Cook, and Wayne Russell Werth allegedly assaulted Danny Russell Burby, Jr. with a box cutter and a bottle, after various Devils Diciples members circulated flyers containing a photograph of Burby and stating that Burby was a “snitch.”

The indictment also alleges that in January 2012, David Randy Drozdowski and Smiley Villa assaulted an individual they believed was a member of a rival motorcycle club for being present in Devils Diciples territory.

Sixteen of the members and associates named in the indictment are charged with conspiracy to conduct an illegal gambling business. The defendants operated slot machines located in several Devils Diciples clubhouses in Michigan, Arizona, and Alabama to generate income for the criminal enterprise and its members.

The 41 defendants charged are:

1. Scott William Sutherland, aka “Scotty Z”

2. Ronald Raymond Roberts, aka “Rockin’ Ronnie”

3. David Thomas Roberts, aka “Detroit Dave”

4. Patrick Michael McKeoun, aka “Magoo”

5. Jeff Garvin Smith, aka “Fat Dog”

6. Paul Anthony Darrah, aka “Pauli”

7. Cary Dale Vandiver, aka “Gun Control”

8. Vincent John Witort, aka “Holiday”

9. Michael William Mastromatteo, aka “Iron Mike”

10. Vernon Nelson Rich, aka “Vern”

11. John Renny Riede, aka “Bear”

12. Victor Carlos Castano

13. Gary Lee Nelson

14. Michael Kenneth Rich, aka “Tatu”

15. Raymond Charles Melioli, aka “Romeo”

16. Timothy Paul Downs, aka “Space”

17. David Randy Drozdowski, aka “D”

18. Smiley Villa, aka “SA”

19. Dean Edward Jakiel, aka “Jesus”20. Tony Wayne Kitchens, aka “Trouble”

21. Sylvester Gerard Wesaw, aka “Sly Dog”

22. Ronald Nick Preletz, aka “Polar Bear”

23. Howard Joseph Quant, aka “44”

24. Scott Thomas Perkins, aka “Scotty P”

25. Clifford Chansel Rhodes, II

26. David Roy Delong, aka “Reverend”

27. Christopher Raymond Cook, aka “Damien”

28. Michael John Palazzola, aka “Utica Mike”

29. Danny Russell Burby, Jr., aka “Thumbs”

30. Ronald Leon Lambert, aka “Crow”

31. Jason Joseph Cook, aka “Cookie”

32. Edward Allen Taylor, aka “Big Ed”

33. Salvatore Battaglia, aka Bando”

34. William Scott Lonsby, aka “Buckwheat”

35. Wayne Russell Werth

36. Lauri Ann Ledford

37. Jennifer Lee Cicola

38. Dean Anthony Tagliavia

39. Alexis Catherine May

40. Paula Mileha Friscioni

41. John Charles Scudder

An indictment is only a charge and is not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The case was investigated by the FBI, the Michigan State Police, the Macomb County Sheriff’s Office, and the County of Macomb Enforcement Team (COMET), with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Clair County Sheriff’s Office. The case is being prosecuted by the Organized Crime and Gang Section of the Justice Department’s Criminal Division and the U.S. Attorney’s Office for the Eastern District of Michigan.

Fugitive Captured by Marshals Task Force; Handguns, Shotgun and Bulletproof Vest Seized

Pensacola, FL – The U.S. Marshals Florida Regional Fugitive Task Force discovered a small cache of guns, a bulletproof vest and rounds and rounds of ammunition earlier this afternoon, when they captured a fugitive wanted since November of last year. Aggravated assault suspect Jeremy Jerel Fountain was arrested without incident inside a home on Escalona Avenue in Pensacola. Task Force Officers from the Marshals, Escambia County and FDLE were conducting surveillance at the home of what is believed to be of a relative, when around 3 p.m., Fountain emerged from the house. When Task Force members placed 24 year-old Fountain under arrest, they found numerous guns, multiple rounds of ammunition scattered all over a the bedroom he was in and a bulletproof vest. The bedroom appeared to be that of one of several young children living in the house.

“Although it appeared that none of the guns were loaded, all but one was within child’s reach as well as the ammo,” said Inspector Dominic Guadagnoli of the FRFTF.

Inquiries done at the scene revealed that at least one of the handguns appeared to be stolen in Escambia County. Another handgun, a revolver, had the serial number removed. One handgun was found in another room. Altogether, four handguns and a shotgun were recovered which were a .32 caliber semi-automatic, .25 caliber semi-automatic, .40 caliber semi-automatic, .38 caliber revolver and a 12 gauge pistol grip pump shotgun. Numerous boxes as well as dozens of loose rounds were found for all the guns. Bullets for a .45 caliber weapon were also found however no gun was found. The Marshals requested assistance from the ATF who responded immediately. Escambia County Crime Scene Unit was also called to assist. Officers also found suspected marijuana which appeared to be packaged for sale and drug paraphernalia indicative of drug trafficking.

Fountain also had an outstanding Child Neglect warrant for no child support. He was booked into the Escambia County Jail with no bond.

Anyone with information regarding the whereabouts of any fugitive, text “TIP411” or “847411” and enter the key word “USMFL”. You can also visit the FRFTF’s Web site, or go to the US Marshals Web site: www.usmarshals.gov, click on “Apprehending Fugitives”, and then “Fugitive Task Forces” where a link can be found for the FRFTF’s web page.

Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov.

Cape May County, N.J., Man Admits Providing Handgun Ammunition to Two Convicted Felons Charged with Racketeering

CAMDEN, NJ—An associate of the two lead defendants in a racketeering case today admitted providing them with ammunition despite knowing they were both convicted felons, U.S. Attorney Paul J. Fishman announced.

Todd Stark, 43, of Ocean City, N.J., pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to conspiring with Salvatore Pelullo and Nicodemo S. Scarfo to provide ammunition for a 9-mm handgun, knowing both were convicted felons. The charge is included in a racketeering Indictment against Stark, Pelullo, Scarfo, and 10 others.

According to documents filed in this case and statements made in court:

Two boxes of the same brand of ammunition that Stark provided to Pelullo were found in Scarfo’s residence in May 2008 during the execution of a search warrant there.

The charges in the 25-count Racketeering Influenced and Corrupt Organizations Indictment stem from the alleged extortionate takeover of FirstPlus Financial Group Inc. (“FPFG”), a publicly held company in Texas, and the subsequent looting of FPFG by members of the racketeering enterprise through a series of fraudulent consulting agreements and acquisitions involving companies controlled by Scarfo and Pelullo. Stark, however, only was charged with the single count to which he pleaded guilty today. Pelullo and Scarfo are awaiting trial.

The count to which Stark pleaded guilty is punishable by a maximum penalty of five years in prison and a $250,000 fine. Sentencing is currently scheduled for Oct. 11, 2012.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward in Newark; special agents of the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Robert Panella, New York Region; and the ATF, under the direction of Matthew W. Horace in Newark, with the investigation that led to today’s guilty plea and the overall Indictment. He also thanked the FBI under the direction of Special Agent in Charge George C. Venizelos in Philadelphia for its vital assistance, and the SEC for its role.

The government is represented by Assistant U.S. Attorneys Steven D’Aguanno of the U.S. Attorney’s Office Organized Crime/Gangs Unit and Howard Wiener of the Criminal Division, Camden.

Convicted Felon with Five Stolen Firearms Facing at Least 15 Years in Federal Prison

Orlando, Florida — Raymond Archie Boyd, Jr. (37, DeLand) pled guilty today to possessing a firearm and ammunition, affecting interstate commerce, as a convicted felon. As a result of his extensive violent criminal record, Boyd faces a mandatory minimum penalty of 15 years, up to life in federal prison. His sentencing hearing has been set for September 19, 2012, before Senior United States District Court Judge G. Kendall Sharp.

According to the plea agreement, on November 4, 2010, Boyd was the driver of a stolen automobile stopped by deputies from the Volusia County Sheriff’s Office. During the traffic stop, Boyd and two other passengers attempted to flee from the automobile. After a brief pursuit, Boyd was apprehended by the deputies. A search of the vehicle revealed five loaded shotguns and rifles, all of which had been reported stolen. Boyd subsequently admitted to investigators that he had planned to trade the stolen firearms for “pills and cocaine.” Boyd was previously convicted on numerous state burglary, theft and firearms offenses. As a previously convicted felon, he cannot possess firearms or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Volusia County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program – a nationwide, gun–violence reduction strategy led by ATF. United States Attorney Robert E. O’Neill, along with Virginia O’Brien, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.