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Sylacauga Man Convicted of Attempted Robbery

Source: US FBI

BIRMINGHAM, Ala. – Dameon LaShawn Nix, 32, of Sylacauga, was convicted after a jury trial of attempted robbery and of using a firearm during a crime of violence announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

Evidence presented at trial revealed that on May 28, 2019, Nix entered the Coosa Pines Federal Credit Union in Sylacauga and shot a pistol three times into the ceiling.  Twenty minutes after fleeing the credit union, Nix was caught by two Sylacauga police officers while attempting to escape through nearby woods. He was in possession of $195 belonging to a customer at the credit union and a gun holster.  The firearm was never found.  Nix had taken the cash from the customer when the tellers were unable to open their cash drawers.  A delivery driver observed Nix donning a mask as he entered the credit union, and later picked him out of a lineup. Experts from the FBI laboratory in Quantico, Virginia, identified Nix’s DNA on clothing he had discarded in the woods as he fled the bank. The clothes bearing Nix’s DNA matched the clothing worn by the robber as revealed by the credit union’s surveillance cameras. 

Nix faces imprisonment of approximately 40-50 months on the attempted credit union robbery and a 10-year consecutive term of imprisonment for discharging the firearm during the attempted robbery. 

“The FBI is committed to working with our state, local and federal partners to combat violent crime and bring individuals like Nix to justice,” said FBI SAC Johnnie Sharp. “I particularly want to express my appreciation to our partners with the Sylacauga Police Department for their outstanding work and assistance in this case.”

“We are grateful for the work of the Sylacauga Police Department in apprehending this offender,” said U.S. Attorney Escalona. “As this case confirms, working closely with our federal, state, and local law enforcement partners is the best way to combat violent crime and remove violent offenders from our communities.”

The Federal Bureau of Investigation investigated.  Assistant United States Attorneys John Camp and Bill Simpson prosecuted the case.

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Convicted Felon Sentenced for Illegal Firearm Possession

Source: US FBI

BIRMINGHAM, Ala. –A federal judge this week sentenced a convicted felon for three counts of illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and Bureau of Alcohol, Tobacco and Firearms Special Agent in Charge Mickey French.

United States District Court Judge Madeline Hughes Haikala sentenced Demarcus Marshall, 27, to 120 months in prison.  Marshall pleaded guilty to the charges in January. According to the plea agreement, Marshall illegally possessed a firearm on three occasions.

On September 9, 2020, Birmingham Police Officers responded to a domestic call where Marshall’s girlfriend was the victim. When officers arrived, they recovered a loaded Taurus 9mm pistol from Marshall.

On September 30, 2020, a Homewood Police Officer initiated a traffic stop on a vehicle where Marshall was the passenger and observed Marshall holding a pistol.  Officers recovered a Taurus .40 caliber pistol loaded with seven rounds of ammunition.  The officers also recovered a Springfield Armory 9mm pistol in the front passenger glove box loaded with 18 rounds of ammunition.  They also recovered loose rounds of ammunition throughout the vehicle.

On June 22, 2021, Marshall approached a woman and assaulted her by hitting her in the face with his fist and throwing her to the ground.  The female got away from Marshall and got into her car. As she drove away, Marshall chased after the car and fired two rounds from a handgun at the vehicle.  No one was hit by the rounds.  A Birmingham Police Officer recovered a .40 caliber shell casing from the ground near where Marshall had fired.  Later that day, Jefferson County Sheriff’s Officers initiated a traffic stop on a vehicle with four occupants. Marshall was in the back seat and when officers approached, Marshall was attempting to conceal a firearm under the driver’s seat of the vehicle.  The officers instructed him to stop moving but he did not comply until he completely concealed the item.  The officers recovered a Smith & Wesson .40 caliber pistol, digital scale, and miscellaneous controlled substances. 

“To reduce the gun violence occurring in our communities, we partner with other law enforcement agencies to arrest and prosecute those who persistently violate federal gun laws and commit acts of violence,” said U.S. Attorney Escalona. “We are grateful for the coordinated work of our federal, state, and local partners in bringing this offender to justice.”

“The ATF recognizes that we are most successful when we work with our state, local, and federal partners. Our ability to protect the American families, increases by having a comprehensive violent crime reduction strategy in place.  We will continue to focus our efforts to decrease violent crime and hold individuals accountable who continuously cause harm in the community,” said ATF Special Agent in Charge Mickey French.

“While the FBI investigates a host of crimes, fighting violent crime and being effective partners to state and local law enforcement is at the core of who we are, and we will continue to work shoulder to shoulder with our partners in the fight against violent crime,” said FBI Special Agent in Charge Johnnie Sharp, Jr.

This case is part of the U.S. Attorney’s Office Operation Safe Families Initiative, which was launched in October 2020.  Operation Safe Families focuses on fighting domestic violence in the Northern District of Alabama. Annually, offenders with a history of domestic violence commit more than half of all homicides committed in Jefferson County. Through Operation Safe Families, the U.S. Attorney’s Office works with federal, state, and local law enforcement to use federal firearm laws to combat domestic violence. 

“The United States Attorney’s Office and our partners prioritize protecting victims and the community from people who commit domestic violence with a firearm,” said U.S. Attorney Escalona. “The presence of a firearm within a domestic violence situation increases the threat of death to the victim by 500%. Moreover, escalating community violence in Jefferson County is being driven by people who have a history of domestic violence, with 74% of solved homicides in 2021 being committed by someone with a history of domestic violence,” added U.S. Attorney Escalona.

FBI investigated the case along with ATF, the Birmingham Police Department, and the Jefferson County Sheriff’s Office. Assistant United States Attorneys Kristy Peoples and Darius Greene prosecuted the case

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U.S. Attorney’s Office Announces Point of Contact for Election Fraud and Voting Rights Concerns

Source: US FBI

ALBANY, NEW YORK – United States Attorney Carla B. Freedman announced today that Assistant United States Attorney (AUSA) Joshua R. Rosenthal will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.  AUSA Rosenthal has been appointed to serve as the District Election Officer (DEO) for the Northern District of New York and in that capacity is responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department headquarters in Washington, D.C.

United States Attorney Freedman stated: “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Rosenthal will be working while the polls are open.  He can be reached by the public at the following telephone number: 518-431-0389.

In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency Office throughout the country to receive allegations of election fraud and other election abuses on Election Day.  The FBI Albany Field Office can be reached by the public at 518-465-7551.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency. 

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Six Men Indicted in Connection with “ATM Jackpotting” Conspiracy

Source: US FBI

SYRACUSE, NEW YORK – Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez, all citizens of Venezuela, were indicted for conspiracy to commit bank larceny, and bank larceny related to their involvement in a nationwide automatic teller machine (ATM) Jackpotting Scheme. United States Attorney Carla B. Freedman and Craig. L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement.

“ATM jackpotting” is the exploitation of physical and software vulnerabilities in ATMs that result in the machines dispensing cash to unauthorized fraudsters. Typically, during ATM jackpotting events one or two people use a key to access the inside of an ATM to install a foreign device that allows a hacker to assume control of the ATM. After the ATM is compromised, groups of individuals arrive at the ATM to conduct transactions and the ATM dispenses its cash reserves, which are untethered to any bank account. 

In December 2023, several financial institutions in the Northern District of New York became victims of an ATM Jackpotting scheme. In total, over $400,000.00 was stolen during four separate ATM jackpotting events in Onondaga, Broome, and Chenango counties.

Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, and Deivy Santiago Pena-Rojas have all been arrested and are in custody in the Northern District of New York. Jefferson Jose Marquez-Marquez is in custody in South Dakota and is awaiting transport to the Northern District of New York.

The charges to which Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez face carry a maximum sentence of 5 or 10 years, a fine of up to $250,000 million, and a supervised release term of up to 3 years. The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the FBI Albany Field Office, with assistance from  United States Immigration and Customs Enforcement (ICE), United States Customs and Border Protection (CBP), United States Secret Service, the New York State Police, the Onondaga County Sherriff’s Office, the Chenango County Sherriff’s Office, the Broome County Sherriff’s Office, the Town of Cicero Police Department, the Syracuse Police Department, the Binghamton Police Department, the Norwich Police Department, the Dearborn, Michigan Police Department, and the Belle Fourche, South Dakota Police Department. Special Assistant United States Attorney Paul Tuck is prosecuting the case.

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Convicted Sex Offender Indicted on Federal Child Exploitation Charges

Source: US FBI

HUNTSVILLE, Ala. – A federal grand jury last week indicted a Madison County man on multiple child sexual exploitation charges, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.

A four-count indictment filed in the U.S. District Court charges Kevin Alexander Guerrero-Beltran, 32, with advertising, transportation, distribution, and possession of child pornography. 

According to the indictment, Guerrero-Beltran was previously convicted in the Circuit Court for Marshall County for traveling to meet a child for sex in Alabama.  With that prior conviction, the advertisement of child pornography charge carries a statutory imprisonment range of 25 to 50 years.

FBI Birmingham’s Child Exploitation and Human Trafficking Task Force (CEHTTF), FBI Phoenix Division, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), Alabama Law Enforcement Agency (ALEA), Huntsville Police Department, Madison County Sheriff’s Office, and Georgia Bureau of Investigation participated in this investigation.  Assistant U.S. Attorney R. Leann White is prosecuting the case.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty. 

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Norwich Man Pleads Guilty to Unlawfully Possessing a Short-Barreled Rifle

Source: US FBI

SYRACUSE, NEW YORK – Benjamin Wheeler, age 19, of Norwich, New York pled guilty today in federal court in Utica to possession of an unregistered short-barreled rifle, announced United States Attorney Carla B. Freedman, Craig. L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of his guilty plea today, Wheeler admitted that on August 6, 2024, the defendant knowingly possessed a “Spikes Tactical” AR-15 style rifle at his apartment in Norwich, New York, knowing that the firearm had a barrel length of less than sixteen inches. The firearm was not registered to the defendant in the National Firearms Registration and Transfer Record as required by federal law.

Sentencing for his conviction for possession of an unregistered short-barreled rifle is scheduled for February 12, 2025, in Utica, New York, at which time Wheeler faces a maximum sentence of up to 10-years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The case is being investigated by the Federal Bureau of Investigation (FBI), the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), New York Police Department (NYPD) and the New York State Police with assistance from the Chenango County Sheriff’s Department.  Assistant U.S. Attorney Geoffrey J. L. Brown is prosecuting the case.

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Albany County Man Pleads Guilty to Sexual Exploitation of a Child

Source: US FBI

SYRACUSE, NEW YORK – Thomas Berrington, age 33, of Colonie, New York, pled guilty yesterday in federal court to two counts of sexual exploitation of a child announced United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea yesterday, Berrington admitted that between June of 2023 and January of 2024, he repeatedly sexually abused a minor female child for the purpose of photographing and video recording the abuse. The victim was eight years old when Berrington’s abuse of her began.

At sentencing, currently scheduled for January 30, 2025, in Albany New York, Berrington faces a term of imprisonment between 15 and 60 years, a term of post-release supervision between 5 years and life, and a fine of up to $250,000. Berrington will also be ordered to pay restitution to the victim, forfeit the device used in the offense, and will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

The case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force – comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and Colonie Police Department. The case is being prosecuted by Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

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Pennsylvania Man Sentenced to 25 Years in Prison for Transporting a Minor with the Intent to Engage in Criminal Sexual Activity

Source: US FBI

SYRACUSE, NEW YORK – John Oathout, age 54, of Harrisburg, Pennsylvania, was sentenced on Friday to 25 years in prison for transporting a minor with the intent to engage in criminal sexual activity.  United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

As part of his guilty plea, Oathout admitted that after a romantic relationship ended with the victim’s mother, the victim’s mother permitted the defendant to take her daughter on overnight trips to Virginia and New York.  During the week of Thanksgiving 2021, the defendant arranged to pick up the 5-year-old child from her home in Delaware and transport her to a hotel in Kingston, New York, where he subjected the child to sexual contact. 

In addition to sentencing Oathout to serve 25 years in prison, Chief United States District Judge Brenda K. Sannes also imposed a 20-year term of supervised release, which Oathout will begin serving after he is released from prison, at which time Oathout will also be required to register as a sex offender.

The FBI’s Albany Division Child Exploitation and Human Trafficking Task Force investigated this case.  The Task Force includes members of federal, state, and local law enforcement agencies. Assistant United States Attorney Carling Dunham prosecuted the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state, and local resources to better locates, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

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U.S. Attorney’s Office Announces Sentencing of Albuquerque Man for Violent Carjacking and Robbery Spree

Source: US FBI

ALBUQUERQUE – An Albuquerque man has been sentenced to 120 months in prison for a series of violent crimes committed in 2021.

There is no parole in the federal system.

According to court documents, Dairon Romero, 28, engaged in a crime spree that included carjacking and multiple robberies. Specifically:

  • On July 17, 2021, Romero carjacked a vehicle at gunpoint from a pregnant woman exiting a Walmart with her three young children.
  • On October 10, 2021, Romero entered a 7-Eleven convenience store, pointed a firearm at an employee, and stole approximately $200 in cash and several cartons of cigarettes.
  • On October 13, 2021, Romero robbed a Circle K, using mace on an employee and taking about $60 from the cash register.

On April 18, 2024, Romero pleaded guilty to one count of carjacking and two counts of interference with commerce by robbery.

At sentencing, the federal judge considered, among other things, Romero‘s violent criminal background as well as numerous other robberies Romero was alleged to have committed. This finding resulted in a sentence greater than the sentencing guideline range.

Upon his release from prison, Romero will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Natasha Moghadam is prosecuting the case.

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U.S. Attorney’s Office Secures 51-Month Sentence in Vehicular Homicide Case

Source: US FBI

ALBUQUERQUE – A Sanostee man was sentenced to 51 months in federal prison and ordered to pay nearly $8,000 in restitution after pleading guilty to two counts of involuntary manslaughter for a fatal drunk-driving crash that occurred on the Navajo Nation.

According to court documents, at approximately 6:30 a.m. on August 12, 2023, Leonardo Robbie Duncan, 33, an enrolled member of the Navajo Nation, was driving while intoxicated on Navajo Route 36 near Upper Fruitland, New Mexico, when he crossed into oncoming traffic and collided head-on with a vehicle occupied by Jane and John Doe.

Duncan fled the scene on foot without checking on or assisting the victims. An off-duty Southern Ute Tribal police officer attempted to stop Duncan from leaving but was unsuccessful. John Doe died at the scene; Jane Doe passed away en route to the hospital. Both victims were enrolled members of the Navajo Nation.

Duncan turned himself in to Navajo Nation Police six hours after the crash. At the time of surrender, his blood-alcohol content was 0.08. At the time of the incident, Duncan was on state probation for Battery on a Household Member and had recently violated this probation with an open-container offense. He also had a prior State conviction for Driving While Intoxicated from 2018.

Upon his release from prison, Duncan will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations.

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