Federal Grand Jury Indictments: February 2012

MUSKOGEE, OK—The United States Attorney’s Office announced today the results of the February 2012 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.

BRITTA SHALLENE CARTER, age 26, of Muskogee, Oklahoma
Embezzlement by Bank Employee

The indictment alleges that in or about May, 2011, CARTER, being an employee of Bank of Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud Bank of Oklahoma, embezzled, abstracted, purloined or willfully misapplied, a sum in excess of $1,000.00, of the moneys, funds or credits, of the Bank of Oklahoma.

The charges arose from an investigation by the United States Secret Service. The charges are in violation of Title 18, United States Code, Section 656, and punishable by up to 30 years in prison and/or up to a $1,000,000.00 fine.

Assistant United States Attorney Melody Nelson

DEMARIO RICHARD COLEMAN, age 29, of Muskogee, Oklahoma
Felon in Possession of Firearm and Ammunition

The indictment alleges that on or about January 13, 2012, COLEMAN, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: Silver Jimenez, 9mm semi automatic handgun bearing serial number #071620, which had been shipped and transported in interstate commerce.

The charges arose from a joint investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco and Firearms, the Muskogee Police Department and the Muskogee Sheriff’s Office. The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(e)(1), and punishable by not less than 15 years in prison and/or up to a $250,000.00 fine.

Assistant United States Attorney Edward Snow

ROBERT WADE DAVIS, age 53, of Wetumka, Oklahoma
Embezzlement and Theft from an Indian Tribal Organization

The indictment alleges that in or about May, 2010, and continuing until on or about May 17, 2011, DAVIS, did embezzle, steal and willfully and knowingly convert to his own use, moneys, funds, and credits, in excess of $1,000.00, belonging to the Muscogee (Creek) Nation, an Indian tribal organization.

The charges arose from an investigation by the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 1163, and punishable by up to five years in prison and/or up to a $250,000.00 fine.

Assistant United States Attorney Dean Burris

LEE MARTIN DE LA TORRE, age 47, of Broken Arrow, Oklahoma a/k/a LEE HARLAN DE LA TORRE
Possession of an Unregistered Firearm; Illegally Making a Firearm; and Felon in Possession of Ammunition

The superseding indictment alleges that on or about September 27, 2011, DE LA TORRE, did knowingly possess a firearm, as defined in Title 26, United States Code, Section 5845, to-wit: One (1) destructive device, more particularly described as a cylindrical tube wrapped in duct tape containing a 12 gauge shotgun shell, small metal ball bearing, washer and nut; One (1) destructive device, more particularly described as a bottle wrapped in black electrical tape containing flash powder, metal fitting and fuse; and One (1) destructive device, more particularly described as a green prescription bottle containing flash powder and fuse, not registered to him in the National Firearms Registration and Transfer Record; that in or about September 2011, DE LA TORRE, did knowingly make in violation of Title 26, United States Code, Section 5822, a destructive device, to-wit: One (1) destructive device, more particularly described as a cylindrical tube wrapped in duct tape containing a 12 gauge shotgun shell, small metal ball bearing, washer and nut; One (1) destructive device, more particularly described as a bottle wrapped in black electrical tape containing flash powder, metal fitting and fuse; and One (1) destructive device, more particularly described as a green prescription bottle containing flash powder and fuse, which is a firearm; and that on or about September 27, 2011, DE LA TORRE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, the following ammunition, to-wit: one Federal 12 gauge shotgun shell, which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the District 27 Narcotics Task Force and the Bureau of Alcohol, Tobacco and Firearms. Possession of an Unregistered Firearm is in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, is punishable by up to 10 years in prison and/or up to a $250,000.00 fine; Illegally Making a Firearm is in violation of Title 26, United States Code, Sections 5861(f), 5822 and 5871, is punishable by up to 10 years in prison and/or up to a $250,000.00 fine; and Felon in Possession of Ammunition is in violation of Title 18, United States Code, Sections 922(g) is punishable by up to 10 years in prison and/or a $250,000.00 fine.

Assistant United States Attorney Christopher Wilson

GEORGE FRANKLIN ENGLAND, JR., age 41, of Sallisaw, Oklahoma
Embezzlement and Theft from an Indian Tribal Organization

The indictment alleges that on or about September 13, 2008, and continuing until on or about September 22, 2008, ENGLAND, did embezzle, steal and willfully and knowingly convert to his own use, moneys, funds, and credits, in excess of $1,000.00, belonging to the Seminole Nation, an Indian tribal organization.

The charges arose from an investigation by the Bureau of Indian Affairs. The charges are in violation of Title 18, United States Code, Section 1163, and punishable by up to five years in prison and/or up to a $250,000.00 fine.

Assistant United States Attorney Dean Burris

CLINT LEE JAMES, age 21, of McAlester, Oklahoma
Possession of an Unregistered Firearm; Illegally Making a Firearm; and Possession of Body Armor by Violent Felon

The indictment alleges that on or about January 4, 2012, JAMES, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record; that in or about December 2011, JAMES, did knowingly make in violation of Title 26, United States Code, Section 5822, a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845; and that on or about January 4, 2012, JAMES, having been convicted of domestic assault and battery by strangulation, a crime of violence as defined in Title 18, United States Code, Section 16, did knowingly possess body armor.

The charges arose from an investigation by the McAlester Police Department, District 18 Drug and Violent Crime Task Force and the Bureau of Alcohol, Tobacco and Firearms. Possession of an Unregistered Firearm is in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, is punishable by up to 10 years in prison and/or up to a $250,000.00 fine; Illegally Making a Firearm is in violation of Title 26, United States Code, Sections 5861(f), 5822 and 5871, is punishable by up to 10 years in prison and/or up to a $250,000.00 fine; and Possession of Body Armor by Violent Felon is in violation of Title 18, United States Code, Sections 931 and 924(a)(7), is punishable by up to three (3) years in prison and/or a $250,000.00 fine.

Assistant United States Attorney Christopher Wilson