1-14-13 Federal grand jury returns indictments

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CLARKSBURG — Five individuals were named in five indictments returned by a federal grand jury sitting in Clarksburg on Jan. 8.

United States Attorney William J. Ihlenfeld, II, announced the following indictments.

Brian A. Clarke, 25, of Morgantown, was named in a three-count indictment charging him with “Distribution of Oxycodone” on May 2; May 16; and, June   8, 2012, in Monongalia   County. If convicted, Clarke faces up to 20 years imprisonment and a $1,000,000 fine on each count.

August Tampoya, 48, of Arnettsville, was named in a three-count indictment charging him one count of “Manufacturing in Excess of 100 Marijuana Plants;” one count of “Distribution of Marijuana;” and, one count of “Possession with Intent to Distribute Marijuana.” If convicted, Tampoya faces up at least 5 and up to 40 years imprisonment and a fine of $2,000,000 on the manufacturing charge and up to 5 years imprisonment and a fine of $250,000 on each of the distribution and possession counts.

Jennifer Nicole Kelley, 27, of Morgantown, was named in a seven-count indictment charging her with three counts of “Distribution of Marijuana;” three counts of “Distribution of Cocaine;” and, one count of “Distribution of Marijuana within 1,000 Feet of Fairmont State University.” If convicted, Kelley faces up to 5 years imprisonment and a $250,000 on each of the marijuana distribution counts; up to 20 years imprisonment and a $1,000,000 fine on each of the cocaine distribution counts; and, at least 1 and up to 10 years imprisonment and a $500,000 on the protected location (FSU) count.

The West Virginia State Police-Bureau of Criminal Investigations investigated these three cases.

Joshua Nicholson, 35, of Lost Creek, was named in a two-count indictment charging him with “Possession of a Firearm by a Convicted Felon” and “Possession of a Firearm with an Obliterated Serial Number.” If convicted, Nicholson faces up to 10 years imprisonment and $250,000 fine on each count.

Timothy Lingo, 35, of Westover, was named in a three-count indictment charging him with “Possession of a Firearm by a Convicted Felon;” “Possession with intent to Distribute Cocaine;” and,  “Use/Carry of a Firearm in Relation to a Drug-Related Offense.” If convicted, Lingo faces up to 10 years imprisonment and a $250,000 fine on the felon in possession charge; up to 20 years imprisonment and a $1,000,000 fine on the cocaine charge; and, a mandatory 5 years imprisonment and a $250,000 fine on the firearms charge.

The Bureau of Alcohol, Tobacco and Firearms investigated these two cases. Assistant United States Attorney Zelda E. Wesley will prosecute these five cases.

All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.

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