Three Arrested on Charges in Federal Indictment

ELKINS, WV—United States Attorney William J. Ihlenfeld, II, announced that SHERRY LOU SMITH, age 49, of Elkins; ANTHONY LAMBERT, age 23, of Montrose, West Virginia; and CASSANDRA SMITH, age 25, also of Elkins, were arrested today on charges contained in a 14-count indictment returned by a federal grand jury. The charges are related to the attempt on February 16, 2011, by Deputy United States Marshal Derek Hotsinpiller and others to serve a warrant upon Charles Smith at his residence located at 319 Central Street in Elkins. During the attempt to arrest Charles Smith, DUSM Hotsinpiller was killed and two other Deputy United States Marshals were injured but survived. Charles Smith was also killed during the incident.

The indictment includes two counts of conspiracy to obstruct justice; two counts of obstruction of justice; seven counts of making false statements to law enforcement officers; one count of making false and fictitious statements in the acquisition of a firearm; one count of accessory after the fact; and one count of possession of a machine gun.

SHERRY LOU SMITH, ANTHONY LAMBERT, and CASSANDRA SMITH will have initial appearances today before Magistrate Judge John S. Kaull.

The specific charges in the indictment include:

Count one of the indictment alleges that SHERRY LOU SMITH, in connection with the acquisition of a Mossberg 12 gauge shotgun from Wheeler’s Sporting Goods on July 10, 2007, knowingly made a false and fictitious oral and written statement by representing that she was the buyer of the firearm, when the acquisition of the firearm was intended for another buyer.

Count two of the indictment alleges that SHERRY LOU SMITH, LAMBERT, and CASSANDRA SMITH, and other persons known to the grand jury, conspired to obstruct the United States Marshals Service’s attempts to locate and arrest a federal fugitive from March 22, 2010, continuing through February 16, 2011, in Elkins.

Count three of the indictment alleges that SHERRY LOU SMITH, LAMBERT, and CASSANDRA SMITH, aided and abetted by each other, obstructed the United States Marshal Service’s attempts to locate and arrest a federal fugitive from March 22, 2010, and continuing through February 16, 2011, in Elkins.

Counts four and 13 of the indictment allege that LAMBERT knowingly made false and fraudulent statements to law enforcement authorities on March 22, 2010, and on February 16, 2011, in Elkins.

Counts five, 10, 11, and 14 of the iIndictment allege that SHERRY LOU SMITH knowingly made false and fraudulent statements to law enforcement authorities on March 22, 2010; on two occasions on February 16, 2011; and on February 17, 2011, in Elkins.

Count six of the indictment alleges that SHERRY LOU SMITH, LAMBERT, and CASSANDRA SMITH assisted a fugitive from March 22, 2010, and continuing until February 16, 2011, in order to hinder and prevent his apprehension, trial, and punishment, for possession with intent to distribute cocaine base and possession of a firearm by an unlawful drug user.

Count seven of the indictment alleges that SHERRY LOU SMITH knowingly possessed a machine gun (a United States government rifle) on February 16, 2011, in Elkins.

Count eight of the indictment alleges that SHERRY LOU SMITH, LAMBERT, and CASSANDRA SMITH, and other persons known to the grand jury, conspired to obstruct the investigation by the United States Marshals Service, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms & Explosives regarding the murder of an officer and employee of the United States; the assaults of two other officers and employees of the United States; the unlawful possessions of firearms; the concealment and harboring of a fugitive; the comfort and assistance rendered by an accessory after the fact; conspiracy to obstruct justice; obstruction of justice; and the making of false statements and representations.

Count nine of the indictment alleges that SHERRY LOU SMITH, LAMBERT, and CASSANDRA SMITH, and other persons known to the grand jury, obstructed the investigation by the United States Marshals Service, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms & Explosives regarding the murder of an officer and employee of the United States; the assaults of two other officers and employees of the United States; the unlawful possessions of firearms; the concealment and harboring of a fugitive; the comfort and assistance rendered by an accessory after the fact; conspiracy to obstruct justice; obstruction of justice; and the making of false statements and representations.

Count 12 of the indictment alleges that CASSANDRA SMITH knowingly made false and fraudulent statements to law enforcement authorities on February 16, 2011, in Elkins.

If convicted, the defendants face a maximum penalty of 20 years’ imprisonment and a fine of $250,000 on each of the obstruction of justice charges; a maximum penalty of 10 years’ imprisonment and a fine of $500,000 on the accessory after the fact charge; a maximum penalty of 10 years’ imprisonment and a fine of $250,000 for making false and fictitious statements in the acquisition of a firearm and possession of a machine gun; and five years’ imprisonment and a fine of $250,000 on each of the charges of conspiracy to obstruct justice making false statements to law enforcement officers.

The case will be prosecuted by Assistant United States Attorney Shawn Angus Morgan. The case was investigated by the United States Marshal Service; the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Federal Bureau of Investigation; the West Virginia State Police; and the United States Postal Inspection Service.

It should be noted that the charges contained in the indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.