6-19-13 WV man indicted for threats against President

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ELKINS — A Marshall County man has been indicted for threatening to harm the President. United States Attorney William J. Ihlenfeld II announced that Ryan Kirker, 20, of McMechen, W.Va., has been charged by an Elkins Grand Jury with the felony offense of “threats against the President.”

According to the indictment, in April 2013, Kirker knowingly placed in the United States mail a letter threatening to take the life of or inflict bodily harm upon the President of the United States. If convicted, Kirker faces up to 5 years imprisonment and a fine of $250,000.

This case will be prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Secret Service.

In addition to the Kirker case, the following indictments were also returned by the grand jury this week:

Daniel Joseph Nascembeni, 71, of Petersburg, was named in a two-count indictment charging him with “mail fraud,” and “false statement of material fact in application for Social Security income benefits.” It is alleged that Nascembeni used two different names and two separate Social Security numbers to fraudulently obtain Supplemental Security Income (SSI) benefits, food stamp benefits and welfare benefits.

If convicted, Nascembeni faces up to 20 years imprisonment and a $250,000 fine on the mail fraud charge and up to 5 years imprisonment and a $250,000 fine on the false statement charge. This case was investigated by the Social Security Administration.

Christopher Michael Fischer, 27, of Moorefield, and Roger Allen See, 23, of Lost River, were named in a seven-count indictment charging them with “conspiracy to distribute methamphetamine.”

Fischer is named in six additional counts and See is named in one additional count charging them with the possession of material and pseudoephedrine to be used in the manufacture of methamphetamine. If convicted, Fischer and See face up to 20 years imprisonment and a fine of $1,000,000 on six counts and up to 10 years imprisonment and a $250,000 on one. This case was investigated by the Moorefield Police Department.

Jack Francis Gibbins, 35, of Moorefield, was named in a two-count indictment charging him with “distribution of heroin” and “possession with intent to distribute heroin and Oxycodone.”

If convicted, Gibbins faces up to 20 years imprisonment and a $1,000,000 fine on each count. This case was investigated by the Hardy County Sheriff’s Department.

These cases will be prosecuted by Assistant United States Attorney Stephen D. Warner. All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt. Each defendant is presumed innocent until and unless proven guilty.

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