Federal Grand Jury Indictments

MUSKOGEE, OK—United States Attorney Sheldon J. Sperling announced today the results of the March 2010, Federal Grand Jury.

“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”

JONATHAN CODY BAXTER, age 19, of Murfreesboro, Tennessee
MALLARY RENEE WALDON, age 19, of Murfreesboro, Tennessee
Bank Robbery

The Indictment alleges that on or about February 26, 2010, at the Roland Branch of the National Bank of Sallisaw, WALDON approached a teller and handed her a note stating she had a bomb in her purse and she would kill everyone in the bank if the teller did not give her all the money. BAXTER was waiting in a nearby parking lot, where the two fled from authorities.

The charges arose from an investigation by the Sequoyah County Sheriff’s Department, the Fort Smith Police Department, the Amarillo Police Department and the Federal Bureau of Investigation.

The charges are in violation of Title 18, United States Code, Sections 2113(a) and 2 (Not more than 20 years in prison and up to $250,000.00 in fines)

Assistant United States Attorney Chris Wilson

CHRISTOPHER MICHAEL WHITAKER, age 35, of Muskogee, Oklahoma
Felon in Possession of Ammunition

The Indictment alleges that on or about January 25, 2010, the defendant was found in possession of 49 rounds of R-P, 9mm Lugar ammunition, during the execution of a search warrant. The defendant, having previous felony convictions, is prohibited from possessing any firearms or ammunition. 

The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco and Firearms.

The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(e). (Not less than 15 years or more than life in prison and/or up to $250,000.00 in fines)

Assistant United States Attorney Shannon Henson

BRADLEY DEWAYNE BAILEY, age 32, of Hugo, Oklahoma
Felon in Possession of a Firearm and Ammunition

The Indictment alleges that on or about February 12, 2010, during a traffic stop, the defendant was found in possession of one (1) F.I.E. Corp., .25 caliber semi-automatic pistol, fifteen (15) rounds of Winchester, 7mm Remington Super Mag ammunition and six (6) rounds of Remington, .25 caliber ammunition. The defendant, having previous felony convictions, is prohibited from possessing any firearms or ammunition. 

The charges arose from an investigation by the Hugo Police Department, the Choctaw County Sheriff’s Department and the District 19 District Attorney’s Drug Task Force.

The charges are in violation of Title 18, United States Code, Section 922(g)(1). (Not more than 10 years in prison and up to $250,000.00 in fines)

Assistant United States Attorney Shannon Henson

BILLY WAYNE ENGLES, age 33, of Durant, Oklahoma
Felon in Possession of a Firearm

The Indictment alleges that on or about January 22, 2010, law enforcement officers of the Bryan County Sheriff’s Department located a chamber loaded .22 caliber Beretta pistol and an extra loaded magazine in a backpack that the defendant was carrying. The defendant, having a previous felony conviction, is prohibited from possessing any firearms or ammunition.  

The charges arose from an investigation by the Bryan County Sheriff’s Department and the District 19 District Attorney’s Drug Task Force.

The charges are in violation of Title 18, United States Code, Section 922(g)(1). (Not more than 10 years in prison and up to $250,000.00 in fines)

Assistant United States Attorney Shannon Henson

RAFAEL CHAIDEZ, age 37, of St. Louis, Missouri
Possession with Intent to Distribute Cocaine

The Indictment alleges that on or about February 5, 2010, during a traffic stop by the Oklahoma Highway Patrol, the defendant was found in possession of approximately five kilograms or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II Control Substance. 

The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.

The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A). (Not less than 10 years or more than Life in prison and up to $4,000,000.00 in fines)

Assistant United States Attorney Shannon Henson

ROY FRANCIS EWING, III, age 42, of Gainesville, Texas
Embezzlement and Theft from an Indian Tribal Organization

The Indictment alleges that from on or about July 16, 2009, and continuing until on or about December 10, 2009, the defendant, an employee of the Winstar World Casino, an Indian gaming establishment operated by the Chickasaw Nation, embezzled approximately $47,000.00. 

The charges arose from an investigation by the Federal Bureau of Investigation.

The charges are in violation of Title 18, United States Code, Section 1168(b). (Not more than 20 years in prison and up to $1,000,000.00 in fines)

Assistant United States Attorney Dean Burris