Grand Jury Indicts Seven Individuals

CLARKSBURG, WV—Seven individuals were named in six indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on March 6, 2012.

United States Attorney William J. Ihlenfeld, II announced that:

JUSTIN PRICE, age 31, of Morgantown, West Virginia, was named in a one-count indictment charging him with the distribution of heroin on February 23, 2010, in Morgantown. If convicted, PRICE faces a maximum exposure of 20 years’ imprisonment and a fine of $1,000,000 on each count. This case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Mon Valley Drug Task Force and the West Virginia State Police. The task force consists of officers from Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.

JUSTIN MICHAEL KROLL, age 27, of Clarksburg, West Virginia, and MATTHEW ALLEN FORINASH, age 30, of Arcadia, Florida, were named in a three-count indictment. KROLL and FORINASH are charged in count one with the conspiracy to distribute oxycodone from June to August of 2010, in Clarksburg, West Virginia; in count two with the attempt to possess with intent to distribute oxycodone on August 9, 2010, in Clarksburg; and in count three with the illegal use of the United States mail on August 9, 2010 to facilitate the distribution of oxycodone. The indictment also contains a forfeiture allegation wherein the United States seeks to forfeit a money judgment in the amount of at least $50,400, which constitutes drug proceeds. If convicted, KROLL and FORINASH face a maximum exposure of 20 years’ imprisonment and a fine of $1,000,000 as to counts one and two and four years’ imprisonment and a fine of $250,000 as to count three. This case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the United States Postal Inspection Service.

JOCELYN M. GRAHAM, age 27, of Duck, West Virginia, was named in a two-count indictment. Count one charges GRAHAM with conspiracy to distribute methamphetamine and oxycodone from June to August 3, 2010. Count two charges GRAHAM with the illegal use of the United States mail on August 3, 2010 to facilitate the distribution of methamphetamine and oxycodone. If convicted, GRAHAM faces a maximum exposure of 20 years’ imprisonment and a fine of $1,000,000 as to count one and four years’ imprisonment and a fine of $250,000 as to count two. This case will be prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the United States Postal Inspection Service.

LENNOX BUCKLEY, age 37, was named in a two-count indictment. Count one charges BUCKLEY with the attempt to possess with intent to distribute marijuana on September 11, 2009 in Fairmont, West Virginia. Count two charges BUCKLEY with unlawful reentry into the United States after having been removed and deported on August 8, 1997; September 14, 2002; and April 10, 2008. The indictment also contains a forfeiture allegation wherein the United States seeks to forfeit a Lexus ES 300 vehicle and $3,011 in United States currency, which constitutes drug proceeds. If convicted, BUCKLEY faces a maximum exposure of five years’ imprisonment and a fine of $250,000 as to count one and 20 years’ imprisonment and a fine of $250,000 as to count one. This case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the West Virginia State Police and the Federal Bureau of Investigation.

JAMES ROBERT HURST, 44, of New Milton, West Virginia was named in a two-count indictment. Count one charges HURST with manufacturing more than 100 marijuana plants and count two charges HURST with possession with intent to distribute more than 100 marijuana plants, both on August 15, 2011, in Doddridge County, West Virginia. If convicted, HURST faces a maximum exposure of five to 40 years’ imprisonment and a fine of $5,000,000 as to count one and five years’ imprisonment and a fine of $250,000 as to count two. This case will be prosecuted by Assistant United States Attorney Stephen D. Warner and was investigated by the Doddridge County Sheriff’s Dept.

DEVON MILLER, age 34, of Fairmont, West Virginia, was named in a one-count indictment charging him with being a convicted felon in possession of a firearm on December 12, 2011, in Fairmont. The indictment also contains a forfeiture allegation wherein the United States seeks to forfeit a Hi-Point pistol. If convicted, MILLER faces a maximum exposure of 10 years’ imprisonment and a fine of $250,000. This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

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