Sept. 9, 2010

FEDERAL AGENTS FOLLOW INTERNATIONAL TRAIL TO KANSAS IN CHILD PORN INVESTIGATION

KANSAS CITY, KAN. – Gary Jay Hibler, 46, Pierceville, Kan., is charged with one count of producing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in November 2008 and August 2010 in Finney County, Kan.

Hibler initially was charged in a criminal complaint filed Aug. 26, 2010, in U.S. District Court in Wichita. The complaint alleged that the investigation began in May 2010 when Immigration and Customs Enforcement agents in Minot, North Dakota, received information about an Australian couple that had been investigated for sexual abuse of their children. Computer records showed the couple had been trading child pornography with a man in North Dakota. When investigators seized the North Dakota man’s computer, they found a screen capture recording of a live Web camera transmission in which a nude adult male and a boy between ten and 13 years old were shown masturbating together. The images came from a computer user calling himself “Pepsicanman64.”

Investigators followed an electronic trail for Pepsicanman64 to an Internet account in Pierceville, Kan., and they identified Hibler as the adult in the photographs.

If convicted, Hibler faces a penalty of not less than 15 years and not more than 30 years on the charge of producing child pornography and a maximum penalty of 10 years and fine up to $250,000 on the possession charge. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

OTHER INDICTMENTS

A federal grand jury meeting in Kansas City, Kan., also returned the following indictments:

Dane Itzcoatl Estevane Pizarro, 41, a citizen of Mexico, Jorge Hernandez, 36, a citizen of Mexico, and Ivan Hernandez, 21, a citizen of Mexico, are charged with one count of conspiring to possess with intent to distribute more than 1,000 kilograms of marijuana, one count of attempted possession with intent to distribute more than 1,000 kilograms of marijuana, and one count of unlawfully entering the United States. In addition, Dante Itzcoatl Estevane Pizarro is charged with one count of possession with intent to distribute marijuana, one count of possession with intent to distribute cocaine, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred at various times from Feb. 1, 2010, to June 18, 2010, in Wyandotte County, Kan.

Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than 10 years and not more than life in federal prison and a fine up to $4 million.
Attempted possession: Not less than 10 years and not more than life in federal prison and a fine up to $4 million.
Possession with intent to distribute marijuana: A maximum penalty of five years and a fine up to $250,000.
Possession with intent to distribute cocaine: A maximum penalty of 20 years and a fine up to $1 million.
Possession of a firearm in furtherance of drug trafficking: Not less than five years consecutive to any other sentence.
Unlawful entry into the United States: A maximum penalty of six months and a fine up to $100,000.

The FBI investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.

Herman L. Gilkey, 44, Kansas City, Mo., is charged with one count of unlawful possession of a firearm after a felony conviction, one count of making a counterfeit $50 bill, and one count of possessing a counterfeit $50 bill. The crimes are alleged to have occurred June 10, 2010, in Overland Park, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the firearm charge, and a maximum penalty of 20 years and a fine up to $250,000 on each of the counterfeiting charges. The U.S. Secret Service, the Overland Park Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

Baltazar Carrillo-Torres, 49, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Aug. 19, 2010, in Roeland Park, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

Frederick Lee, 38, an inmate at Leavenworth Penitentiary, is charged with one count of possession with intent to distribute marijuana and one count of possession of a prohibited object by an inmate. The crimes are alleged to have occurred May 21, 2010, in the prison.

If convicted, he faces a maximum penalty of five years and a fine up to $250,000 on the marijuana charge and a maximum penalty of five years, consecutive to the sentence he already is serving, on the charge of possessing a prohibited object. The FBI investigated. Special Assistant U.S. Attorney Trent Krug is prosecuting.

Dondi A. Nalls, 28, an inmate at Leavenworth Penitentiary, is charged with one count of possession with intent to distribute marijuana and one count of possession of a prohibited object. The crimes are alleged to have occurred June 7, 2010, in the prison.

If convicted, he faces a maximum penalty of five years and a fine up to $250,000 on the marijuana charge and a maximum penalty of five years, consecutive to the sentence he already is serving, on the charge of possessing a prohibited object. The FBI investigated. Special Assistant U.S. Attorney Trent Krug is prosecuting.

Brandon H. Floyd, 26, Kansas City, Kan., and Wesley J. Wilson, 25, Kansas City, Kan., are charged with one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. In addition, Floyd is charged with one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Dec. 5, 2009, in Kansas City, Kan.

Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute marijuana: A maximum penalty of five years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Godson T. Tennyson, Jr., 29, Kansas City, Kan., and Broderick W. Braswell, 23, Kansas City, Kan., are charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute marijuana, and one count each of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Aug. 26, 2010, in Kansas City, Kan.

Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life in federal prison and a fine up to $250,000.
Possession with intent to distribute marijuana: A maximum penalty of five years and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Calvin C. Jones, 30, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 14, 2010, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Wendell C. Pearson, 50, an inmate at Leavenworth Penitentiary, is charged with one count of possessing marijuana, which is a prohibited object. The crime is alleged to have occurred Jan. 11, 2010, in the prison.

If convicted, he faces a maximum penalty of five years and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Ernesto Hernandez-Lizardi, 30, a citizen of Mexico, and Raul Manzanarez-Rivera, 29, a citizen of Mexico, is charged with two counts of unlawful possession of firearms by illegal aliens.

They initially were charged in a criminal complaint filed Aug. 26. The complaint alleged a Kansas Highway Patrol officer pulled the two men over for speeding Aug. 16, 2010, on I-70 in Ellis County. The men gave permission for troopers to search the 2003 Chevrolet pickup they were driving. Investigators found $14,400 in cash in a console between the seats. A subsequent search turned up a 7.62 x .39 caliber SKS semi-automatic assault rifle and two loaded handguns.

If convicted, they face a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000, as well as deportation after they are released. The Kansas Highway Patrol and Department of Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Inocente Monroy Alcantara, 26, a citizen is charged with one count of possessing false documents to be employed, four counts of aggravated identity theft, one count of making a false statement on an I-9 Employment Eligibility Verification form, one count of misusing a Social Security number and one count of producing a false identification document. The crimes are alleged to have occurred June 24, 2008, in Cowley County, Kan.

Alcantara initially was charged in a criminal complaint filed Sept. 1. The complaint alleged a U.S. Marine who had recently returned from deployment overseas complained to the Arkansas City Police Department that someone working at Creekstone Farms meat packing plant was using his name and Social Security number. Investigators with the Social Security Administration – Office of Inspector General determined that Alcantara presented the company with a falsified Indiana driver’s license and a Social Security card bearing the Marine’s name and Social Security number.

Upon conviction, the crimes carry the following penalties:
Possession of false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.
Aggravated identity theft: A mandatory two years to run consecutively to any underlying sentence.
Making a false statement to the U.S. government: A maximum penalty of five years without parole and a fine up to $250,000.
Misusing a Social Security number: A maximum penalty of five years without parole and a fine up to $250,000.
Producing a false identification document: A maximum penalty of 15 years and a fine up to $250,000.

The Arkansas City Police Department and the Social Security Administration – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting

Jose Antonio Padilla-Navarro, 30, a citizen of Mexico, is charged one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Aug. 17, 2010, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Rafael Loera Vasquez, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Aug. 24, 2010, in Ellis County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Rodrigo Soto, 54, Dodge City, Kan., is charged with one count of fraudulently obtaining Social Security benefits. The crime is alleged to have occurred in 2008 and 2009 in Gray County, Kan.

If convicted, he faces a maximum penalty of five years without parole and a fine up to $250,000. The Social Security Administration - Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.