Score:   1
Docket Number:   WD-VA  2:19-cr-00010
Case Name:   USA v. Pennington et al
  Press Releases:
Abingdon, VIRGINIA – A pair of men charged with distributing crystal methamphetamine were convicted by a jury in Abingdon earlier this week following a four-day jury trial, United States Attorney Thomas T. Cullen and Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] Washington Field Division Ashan M. Benedict announced today.

“Methamphetamine use and distribution are among the greatest threats to public safety in far Southwest Virginia,” U.S. Attorney Cullen stated.  “We will continue to work closely with our federal, state, and local partners to identify the individuals and organizations responsible for dealing this deadly drug in our communities and put them in federal prison.”

“The combination of firearms and illegal drugs is not only a dangerous one, it is a criminal one, and that’s what you see in this case. These men brought meth into Virginia neighborhoods knowing the harm it causes to people’s lives, and one used a firearm to helped them do it,” said ATF Special Agent in Charge Benedict. “ATF will continue to work alongside our law enforcement partners and prosecutors to stop violent crime and trafficking in our communities.”

Earlier this week, following a four-day trial, a jury sitting in U.S. District Court in Abingdon convicted Omar Kareem Banks, 44, of Coeburn, Va. and Jimmy Shupe Jr., 37, of Pennington Gap, Va., of Conspiracy to distribute and to possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine.  Banks was also convicted of possession of 50 grams or more of a mixture or substance containing methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon.

According to evidence presented at trial, Banks and Shupe were indicted in May 2019, along with 19 others, as part of a large-scale methamphetamine distribution organization that operated in the counties of Lee, Wise, and Scott.

During trial, the jury heard testimony and received documentary evidence, including messages from social media accounts, that established that Banks and Shupe were associated with and acquired significant quantities of methamphetamine from other members of the conspiracy for several years prior to May 2019.

At sentencing, Banks faces a mandatory minimum term of 15 years imprisonment on the conspiracy charge and an additional consecutive term of five years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Shupe faces a mandatory minimum term of 10 years imprisonment on the conspiracy charge.

To date, 18 of the 21 defendants have pleaded guilty and two were convicted after a jury trial. The one remaining defendant is scheduled for trial in April.

The investigation of the case was conducted by the Bureau or Alcohol, Tobacco, Firearms and Explosives, the Norton Police Department and the Southwest Virginia Drug Task Force.  Assistant United States Attorneys Anthony P. Giorno, Jonathan Jones, and Lena Busscher prosecuted the case for the United States.

Abingdon, VIRGINIA – Twenty-one individuals from Wise and Lee counties in Southwest Virginia were charged by a federal grand jury in an indictment unsealed today with conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and other federal drug crimes, United States Attorney Thomas T. Cullen announced today.

The indictment was returned, under seal, May 29, 2019, and unsealed today following the arrest of five of the defendants. The complete list of those defendants arrested today or previously in custody is below. Four remaining defendants remain wanted by authorities.   

Travis Lee Pennington: 36, of Appalachia, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, three counts of distribution and possession with the intent to distribute methamphetamine, one count of using a communication device in the commission of a drug trafficking offense, one count of possession of a firearm in furtherance of a drug trafficking crime, one count of being a convicted felon illegally in possession of a firearm, one count of being in possession of a firearm that had the manufacturer’s serial number removed or altered, and one count of using violence or the threat of violence to retaliate against a witness.

Omar Kareem Banks: 44, of Coeburn, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of being a convicted felon illegally in possession of a firearm.

Shawn Brandon Barnes: 40, of Appalachia, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, two counts of distribution and possession with the intent to distribute methamphetamine, and one count of using a communication device in the commission of a drug trafficking offense.

Jeffrey Wayne Caudill: 47, of Keokee, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.

Jaime Lee Christian: 39, of Wise County, Va.,  is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of distribution and possession with the intent to distribute methamphetamine.

Carl Lee Davis Jr.: 33, Keokee, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.

Jonathan Earl Funk: 32, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.

Lewis Wesley Hickman III: 25, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.

Joseph Andrew Hobbs: 27, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.

James Morrison Johnson: 28, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.

Jeremey David Mallory: 41, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.

Tony Lynn McClellan: 33, of Big Stone Gap, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, three counts of distribution and possession with the intent to distribute methamphetamine, two counts of using a communications device to facilitate a drug trafficking offense, and one count of using a firearm in a crime of violence.

Susan Adrianna Mullins: 30, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, two counts of distribution and possession with the intent to distribute methamphetamine, and two counts of using a communication device to facilitate a drug trafficking offense.

Misty Nelms: 28, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of using a communication device in the commission of a drug trafficking offense.

David Stone Ringley: 28, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.

Travis Ryan Skaggs: 30, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of possession with the intent to distribute methamphetamine.

Joshua Barrett Sutherland: 33, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of felon in possession of a firearm and one count of using a firearm in a crime of violence.

          

According to the indictment, the 21 defendants conspired to distribute methamphetamine in Lee and Wise counties, and elsewhere, between July 1, 2016 and May 1, 2019.

In addition, the indictment alleges that Travis Pennington, as a convicted felon, illegally possessed a firearm and used that firearm in a crime of violence. According to the indictment, between February 22, 2019 and March 5, 2019, Pennington used violence or the threat of violence to retaliate against a witness.                                                                                                          

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police.  Assistant United States Attorney Lena Busscher will prosecute the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt.  The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

 

 

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1dZjCdiMHrkyH8O63FlsThCdolWAgZsze1vTDeGJgZm8
  Last Updated: 2024-04-15 01:15:52 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
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