2-21-13 Federal grand jury returns indictments

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ELKINS — Eight individuals were named in six indictments returned by a federal grand jury sitting in Elkins, on Feb. 20.

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

Barbara Ann Spiva, 47, of Elkins, was named in a 10-count indictment. Count one charges Spiva with “Maintaining a drug-involved premise” from the fall of 2012 to Dec. 29, 2012, in Randolph County for the purpose of manufacturing, storing, distributing and using methamphetamine. Count two charges Spiva with “Possession of materials used in the manufacture of methamphetamine” on Dec. 29, 2012.

Counts three through eight charge Spiva with “Possession of pseudoephedrine to be used in the manufacture of methamphetamine” on Sept. 27, Oct. 26, Oct. 28, Nov. 23, Dec. 5 and Dec. 28, 2012. Counts nine and 10 charge Spiva with “Attempting to possess pseudoephedrine to be used in the manufacture of methamphetamine” on Nov. 9 and Nov. 14, 2012.

If convicted, Spiva faces up to 20 years imprisonment and a $500,000 fine as to count one; 10 years imprisonment and a $250,000 fine as to count two; and, 20 years imprisonment and a $250,000 fine as to each of counts three through 10.

William Trent Richardson, 21, of French Creek; Kristin Elaine Dye, 20, of Buckhannon; and Brandon Edward Anderson, 22, of Rock Cave, were named in a 32-count indictment. Count one charges Richardson, Dye and Anderson with “Conspiracy to distribute methamphetamine” from Feb. 2 to Sept. 13, 2012, in the Northern District of West Virginia. Count two charges Richardson, Dye and Anderson with “Maintaining a drug-involved premise” from Feb. 2 to Sept. 13, 2012, to manufacture, store, distribute and use methamphetamine.

Count three charges Richardson and Dye with “Possession of material used in the manufacture of methamphetamine” on Sept. 13, 2012. Counts four through 13 charge Richardson with “Possession of pseudoephedrine to be used in the manufacture of methamphetamine” on Feb. 2, Feb. 13, Feb. 28, March 12, April 16, April 29, May 27, May 31, June 7 and Aug. 1, 2012. Counts 14 and 15 charge Richardson with “Attempting to possess pseudoephedrine to be used in the manufacture of methamphetamine” on two occasions on June 22, 2012.

Counts 16 through 19 charge Dye with “Possession of material used in the manufacture of methamphetamine” on May 28, June 13, June 20 and Sept. 9, 2012. Counts 20 and 21 charge Dye with “Attempting to possess pseudoephedrine to be used in the manufacture of methamphetamine” on June 22 and July 4, 2012.

Counts 22 through 31 charge Anderson with “Possession of pseudoephedrine to be used in the manufacture of methamphetamine” on Feb. 14, April 26, May 2, May 5, June 4, June 6, June 9, June 15, July 5 and Aug. 20, 2012. Count 32 charges Anderson with “Attempting to possess pseudoephedrine to be used in the manufacture of methamphetamine” on May 14, 2012.

If convicted, Richardson, Dye and Anderson face up to 20 years imprisonment and $1,000,000 fine as to count one; 20 years imprisonment and a $500,000 fine as to count two; 10 years imprisonment and a fine of $250,000 as to count three; and 20 years imprisonment and a $250,000 as to each of counts four through 32.

These cases will be prosecuted by Assistant United States Attorney Stephen D. Warner and were investigated by the West Virginia State Police.

Ronald John Louk, 30, of Churchsville, Va., was named in a one-count indictment charging him with “Failure to update sex offender registration.” The indictment alleges that from Oct. 20 to Nov. 21, 2012, in Huttonsville, W.Va., Louk knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, Louk faces up to 10 years imprisonment and a $250,000 fine.

Timothy Wayne Walden, 36, of Baltimore, Md., was named in a one-count indictment charging him with “Failure to update sex offender registration.” The indictment alleges that from Nov. 12, 2012, to Jan. 17, 2013, in Bayard, W.Va., Walden knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, Walden faces up to 10 years imprisonment and a $250,000 fine.

These cases will be prosecuted by Assistant United States Attorney Shawn A. Morgan and were investigated by the United States Marshals Service.

Janel Phillips, 44, of Elkins, was named in a one-count indictment charging her with “Federal program fraud.” The indictment alleges that from January of 2007 to May 2010, Phillips embezzled, obtained by fraud and intentionally misapplied property owned by the Regional Long-Term Care Ombudsman Program for Legal Aid of West Virginia. The indictment also contains a forfeiture allegation wherein the United States seeks to forfeit a money judgment of approximately $91,588 that constitutes or is derived from proceeds traceable to the offense. If convicted, Phillips faces a maximum exposure of 10 years imprisonment and a fine of $250,000.

The Department of Health and Human Services and the Legal Services Corporation-Office of Inspector General investigated this case.

Kyle Heft, 34, of Mahanoy City, Pa., was named in a one-count indictment charging him with “Failure to update sex offender registration.” The indictment alleges that on July 17, 2012, in Hillsboro, Heft knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, Heft faces up to 10 years imprisonment and a $250,000 fine.

The United States Marshals Service investigated this case.

Assistant United States Attorney Andrew R. Cogar will prosecute these two 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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