Federal Grand Jury Returns Indictments

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA — Eight individuals were named in six Indictments returned by a federal grand jury sitting in Elkins, West Virginia, on February 20, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: BARBARA ANN SPIVA, age 47, of Elkins, was named in a 10-count indictment. Count
One charges SPIVA with “Maintaining a Drug-Involved Premise” from the Fall of 2012 to
December 29, 2012, in Randolph County for the purpose of manufacturing, storing, distributing and using methamphetamine. Count Two charges SPIVA with “Possession of Materials Used in the Manufacture of Methamphetamine” on December 29, 2012. Counts Three through Eight charge SPIVA with“Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on September 27, October 26, October 28, November 23, December 5 and December 28, 2012. Counts Nine and Ten charge SPIVA with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on November 9 and November 14, 2012. If convicted, SPIVA faces up to 20 years imprisonment and a $500,000 fine as to Count One; 10 years imprisonment and a $250,000 fine as to Count Two; and, 20 years imprisonment and a $250,000 fine as to each of Counts Three through Ten.

WILLIAM TRENT RICHARDSON, age 21, of French Creek, West Virginia; KRISTIN ELAINE DYE, age 20, of Buckhannon, West Virginia; and, BRANDON EDWARD ANDERSON, age 22, of Rock Cave, West Virginia, were named in a 32-count Indictment. Count One charges RICHARDSON, DYE and ANDERSON with “Conspiracy to Distribute Methamphetamine” from February 2 to September 13, 2012, in the Northern District of West Virginia. Count Two charges RICHARDSON, DYE and ANDERSON with”Maintaining a Drug-Involved Premise” from February 2 to September 13, 2012, to manufacture, store, distribute and use methamphetamine. Count Three charges RICHARDSON and DYE with
“Possession of Material Used in the Manufacture of Methamphetamine” on September 13,
2012. Counts Four through Thirteen charge RICHARDSON with “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on February 2, February 13, February 28, March 12, April 16, April 29, May 27, May 31, June 7 and August 1, 2012. Counts Fourteen and Fifteen charge RICHARDSON with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on two occasions on June 22, 2012. Counts Sixteen through Nineteen charge DYE with “Possession of Material Used in the Manufacture of Methamphetamine” on May 28, June 13, June 20 and September 9, 2012. Counts Twenty and Twenty-One charge DYE with “Attempting to Possess
Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on June 22 and July
4, 2012. Counts Twenty-Two through Thirty-One charge ANDERSON with “Possession of
Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on February 14, April
26, May 2, May 5, June 4, June 6, June 9, June 15, July 5 and August 20, 2012. Count Thirty- Two charges ANDERSON with “Attempting to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on May 14, 2012. If convicted, RICHARDSON, DYE and ANDERSON face up to 20 years imprisonment and $1,000,000 fine as to Count One; 20 years imprisonment and a $500,000 fine as to Count Two; 10 years imprisonment and a fine of $250,000 as to Count Three; and 20 years imprisonment and a $250,000 as to each of Counts Four through Thirty-Two.

These cases will be prosecuted by Assistant United States Attorney Stephen D. Warner and were investigated by the West Virginia State Police.

RONALD JOHN LOUK, age 30, of Churchsville, Virginia, was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from October 20 to November 21, 2012, in Huttonsville, West Virginia, LOUK knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, LOUK faces up to 10 years imprisonment and a $250,000 fine.

TIMOTHY WAYNE WALDEN, age 36, of Baltimore, Maryland, was named in a one- count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that from November 12, 2012, to January 17, 2013, in Bayard, West Virginia, WALDEN knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, WALDEN faces up to 10 years imprisonment and a $250,000 fine.

These cases will be prosecuted by Assistant United States Attorney Shawn A. Morgan and were investigated by the United States Marshals Service.

JANEL PHILLIPS, age 44, of Elkins, was named in a one-count Indictment charging her with “Federal Program Fraud.” The Indictment alleges that from January of 2007 to May of 2010, PHILLIPS embezzled, obtained by fraud and intentionally misapplied property owned by the Regional Long-Term Care Ombudsman Program for Legal Aid of West Virginia. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit a money judgment of approximately $91,588 which constitutes or is derived from proceeds traceable to the offense. If convicted, PHILLIPS faces a maximum exposure of 10 years imprisonment and a fine of $250,000. This case was investigated by the Department of Health and Human Services and the Legal Services Corporation-Office of Inspector General.

KYLE HEFT, age 34, of Mahanoy City, Pennsylvania was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration.” The Indictment alleges that on July 17, 2012, in Hillsboro, HEFT knowingly failed to update a registration pursuant to the Sex Offender Notification Act. If convicted, HEFT faces up to 10 years imprisonment and a $250,000 fine. This case was investigated by the United States Marshals Service.

These two cases will be prosecuted by Assistant United States Attorney Andrew R. Cogar.

All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.