October Grand Jury

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 18 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Craig A. Harbaugh, 44, a Dodge County Sheriff’s Deputy, is the subject of a 15-count Indictment.  Counts 1 through 13 charge Wire Fraud between October 2014 and October 2019.  It is alleged that Harbaugh and his company, Tactical Solutions Gear, LLC, defrauded a bank and six victims of $10,979,214.  The remaining counts charge Harbaugh with Bank Fraud resulting from the same scheme.  Harbaugh was arrested and had his initial appearance on October 23, 2019 in federal court in Omaha.

*          Jose G. Aguilera Negrete, age 27, and Andrea Gall, age 20, of Grand Island, Nebraska, are charged in a four-count Indictment.  Count I charges both defendants with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about October 4, 2019.  The maximum possible penalty if convicted is Life imprisonment each, $10,000,000 fine each, 5-year term of supervised release each, and a $100 special assessment each.  Count II charges Aguilera Negrete with distribution of 5 grams or more of methamphetamine (actual) on or about December 5, 2018.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count III charges Aguilera Negrete with distribution of 50 grams or more of methamphetamine (actual) on or about December 11, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count IV charges Aguilera Negrete with distribution of 50 grams or more of methamphetamine (actual) on or about December 19, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.   

*          Merlin Calles-Jovel, age 28, is charged with illegal reentry after deportation on or about October 10, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Adelfo Diaz-Castelan, age 28, is charged with illegal reentry after deportation on or about September 24, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Demontrae Dixon, age 21, is charged with user in possession of a firearm on or about August 16, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Merrill Johnston, age 35, of North Platte, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about September 13, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with felon in possession of a firearm on or about September 13, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about September 13, 2019.    

*          Juan Antonio Lopez Ambrocio, age 41, is charged with illegal reentry after deportation on or about April 15, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Warren Mackey, age 65, of Niobrara, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with Aggravated Sexual Assault of a child under the age of 12, from on or about August 4, 2019.  The maximum possible penalty if convicted is 30 years-Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with Abusive Sexual Contact from on or about August 4 2019.  The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. 

*          Zachary R. Macomber, age 27, of Annapolis, Minnesota, and Drake L. Banks, age 28, of St. Louis, Missouri, are charged with felon in possession of a firearm by a prohibited person on or about September 19, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment each, a $250,000 fine each, a 3-year term of supervised release each, and a $100 special assessment each. 

*          Felipe Samuel-Gomez, age 33, is charged with illegal reentry after deportation following a felony conviction on or about October 3, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Skyler F. Sanders, age 33, of Omaha, is charged with possession with intent to distribute 28 grams or more of crack cocaine on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 3-year term of supervised release, and a $100 special assessment. 

*          Jose Feliciano Tovar-Quintero, age 41, and Wilfredo Diaz-Lopez, age 36, are charged in a three-count Indictment.  Count I charges both defendants with conspiracy to distribute 50 grams or more of methamphetamine (mixture) on or about September 4, 2019 and continuing to on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment each, $5,000,000 fine each, 4-year term of supervised release each, and a $100 special assessment each.  Count II charges Diaz-Lopez with possession with intent to distribute of 50 grams or more of methamphetamine (mixture) on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count III charges Tovar-Quintero with possession with intent to distribute of 50 grams or more of methamphetamine (mixture) on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about October 3, 2019. 

*          Elmer Eduvi Vasquez Fuentes, age 38, is charged with illegal reentry after deportation on or about September 16, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Johnnie White, age 33, of Heatwell, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with distribution of 50 grams or more of methamphetamine (mixture) on or about May 14, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with distribution of methamphetamine (mixture) on or about May 10, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.