McAlester News-Capital, McAlester, OK

Police/Courts

December 17, 2012

6 men, 3 from McAl., plead guilty in federal court in drug ring case

McALESTER — Six men recently pleaded guilty in federal court to charges connecting them to a local drug-ring case. Three of those six men are from McAlester and the other three are from Tulsa.

Numerous individuals were charged in the bust at the state level and six individuals were taken into custody on federal charges as part of Operation Dealer’s Choice.

Charges include conspiracy to possess with intent to distribute and “distribute” cocaine base, also known as crack cocaine; distribution of crack cocaine within 1,000 feet of a public school or public housing facility; distribution of crack cocaine, and maintaining drug-involved premises.

Those who have pleaded guilty after being indicted, arrested and arraigned in federal court in Muskogee in connection with the investigation are:

• Mario Dushun Richardson, aka Big Sexy, aka Rio, 29, of Tulsa;

• Julland Auddis Richardson, aka Jack, 33, of Tulsa;

• Rodney Lee Morgan Jr., 23, of Tulsa;

• Leonard Ray Austin, aka Lenny, 34, of McAlester;

• Nathan Bernard Johnson, 46, of McAlester; and

• Elmer Don Whittaker, aka E.D., 51, of McAlester.

The federal indictment states that from May 2011 until approximately April 24, 2012, the defendants conspired with others to distribute and possess with intent to distribute 280 grams or more of crack cocaine. Also, the indictment states the substance was distributed within 1,000 feet of a public school or a housing facility owned by a public housing authority.

The federal indictment also charges that a residence at 513 W. Delaware Ave. in McAlester was knowingly maintained at the time for the purpose of distributing controlled substances.

On Nov. 27, the six men pleaded guilty in federal court. The six men, excluding Whittaker, pleaded guilty to conspiracy to possess with intent to distribute and distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base. Whittaker pleaded guilty to maintaining a drug-involved premises. Whittaker is facing up to 20 years in prison and up to a $500,000 fine. The other men are facing from five to 40 years in prison and up to a $5 million fine.

All six men are scheduled to be sentenced following the completion of presentencing reports.

“Charges arose from an investigation conducted by the United States Drug Enforcement Administration in cooperation with the District 18 Drug & Violent Crime Task Force, McAlester Police Department, Pittsburg County Sheriff’s Department, Krebs Police Department, Muskogee Police Department, Tulsa Police Department, Oklahoma State Bureau of Investigation, and the U.S. Bureau of Indian Affairs,” states a press release from the U.S. Attorney’s office of the Eastern District of Oklahoma.

Charges against the six men and others were filed in the wake of an investigation in which the District 18 Drug and Violent Crimes Task Force for Pittsburg and Haskell counties, along with the federal Drug Enforcement Agency, conducted a federal court-ordered interception of oral and wire communications over a cellular telephone used by Mario D. Richardson, according to court documents.

Many of the state charges were for alleged “unlawful use of a communication device” or “unlawful use of a communication facility,” — a reference to the use of cell phones, trac phones or other types of telephonic devices.

Those who were charged in Pittsburg County District Court by District 18 District Attorney Farley Ward’s office following the August drug arrests include:

• Kevin McArthur Johnson, 49, pleaded guilty Nov. 27 in Pittsburg County District Court to three felony counts of unlawful use of a communication facility and one felony count of maintaining a place for keeping/selling controlled substances. He was sentenced to 27 years in the custody of the Oklahoma Department of Corrections, with 20 years suspended. He was also fined $26,315, with $23,500 suspended.

• Harold Lyle Cole, 65, of McAlester, was charged with unlawful delivery of a narcotic and unlawful use of a communication facility. He pleaded guilty Nov. 20 and was fined $52,865, with $49,000 of that fine suspended, and judgment and sentencing were deferred for seven years on the first count and five years on the second count, to be served concurrently.

• Micah Heath Avery, 27, of McAlester, was charged with conspiracy to deliver, manufacture and possess a controlled dangerous substance, marijuana, and unlawful use of a communication facility. He pleaded guilty Nov. 9 and was fined $52,290, with $49,000 suspended, and judgment and sentencing were deferred for 10 years.

• James Rueben Williams, 44, of McAlester, was charged with distribution of a controlled dangerous substance, crack cocaine, including possession with intent to distribute on Aug. 22, 2012, along with unlawful use of a communication facility and possession of a controlled dangerous substance, cocaine. He is due back in court Feb. 19.

• Christopher Robin Long, 18, of McAlester, was charged with attempted possession with intent to distribute a controlled dangerous substance, Hydrocodone, on Aug. 22 and unlawful use of a communication device, a telephonic communication, in the furtherance of a felony. He is due back in court Feb. 25.

• Christopher Allen Crosby, 38, of McAlester, was charged with felony counts of attempted possession of a controlled dangerous substance, crack cocaine, on March 29, 2012, and unlawful use of communication device in the furtherance of a felony. He pleaded guilty Nov. 6 and was sentenced to 20 years in the custody of the Oklahoma Department of Corrections, with 13 years suspended.

• Nolan Marshall Pointer, alias Butter Bean, 62, of McAlester, is charged with two felony counts of unlawful use of a communication device and conspiracy to deliver/manufacture/possess a controlled dangerous substance, crack cocaine, on April 24, 2012. He pleaded guilty Nov. 8 and was sentenced to 13 years in the custody of the Oklahoma Department of Corrections, with five years suspended.

• Stoney Joe Fry, 25, of McAlester, was charged with felony counts of conspiracy to distribute a controlled dangerous substance, Hydrocodone, on March 26, 2012, and unlawful use of communication device in the furtherance of a felony. He is due back in court Dec. 21.

• Kathy L. Hollis-Wheatly, 57, of Hartshorne, was charged with felony counts of conspiracy to possess a controlled dangerous substance, crack cocaine, on Aug. 22 and unlawful use of a communication device, along with a misdemeanor count of destruction of evidence. She is due back in court Dec. 28.

• Marquis M. Chaney, 28, of McAlester, was charged with conspiracy to deliver/manufacture/possess a controlled dangerous substance, marijuana, between March 27 and Aug. 22 unlawful use of a communication facility, and maintaining a place for keeping/selling a controlled substance. He pleaded guilty Dec. 7 and was sentenced to 23 years, with all but the first five years suspended.

• Juliann Aponte-Kennedy, 45, of Eufaula, was charged with possession of a controlled dangerous substance, identified as a cocaine-based substance, on April 6, 2012. She leaded guilty Sept. 21 and judgment and sentencing were deferred for three years.

• Roy Glenn Brown, 57, of McAlester, was charged with possession of a controlled dangerous substance, cocaine, on April 6, 2012. On Oct. 19, the court found him incompetent after requiring him to receive a competency evaluation. Court proceedings are stayed until further order from the court and Brown has been ordered to the custody of the Oklahoma Department of Corrections. He has been in the custody of the Pittsburg County jail since Aug. 22.

• Chester Lawson Giddings, 51, of McAlester, was charged with unlawful use of a narcotic, marijuana, on April 6, 2012, and unlawful use of a communication facility. He is due back in court Jan. 11.

• Clarence Ellis Jr., 63, of McAlester, was charged Aug. 22 with unlawful delivery of a cocaine-based narcotic, on May 4, 2012, and unlawful use of a communication facility. A $35,000 warrant was issued for his arrest on the day he was charged and he remains out of custody.

• Marcy Lee Warren, 49, of Quinlan, Texas, was charged with a felony count of possession of a controlled dangerous substance, crack cocaine, on March 27, 2012. She is due back in court Dec. 28.

• Earl Patrick Woodmore, 45, of McAlester, was charged with three felony counts of unlawful use of a communication facility on Aug. 22. He is due back in court Dec. 20.

• Virgil Lee Davis, of McAlester, was charged Aug. 24 with two felony counts of unlawful delivery of a narcotic and with maintaining a place for keeping selling a controlled substance at 1120 E. Chickasaw Ave. He pleaded guilty Nov. 5 and was sentenced to 15 years in the custody of the Oklahoma Department of Corrections, with five years suspended.

• Acamie Decole Moton-Lawrence, also known as Acamie Davis, was charged in two cases Aug. 22 with unlawful delivery of a narcotic, attempted possession of a controlled dangerous substance (cocaine) and unlawful use of a communication device in the furtherance of a felony. She pleaded guilty Sept. 14 and was fined $50,900, with $50,000 suspended, and received a five-year suspended sentence on each count, to be served concurrently.

Contact Rachel Petersen at rpetersen@mcalesternews.com. Contact James Beaty at jbeaty@mcalesternews.com.

For more on this story, see the print or electronic editions of the McAlester News-Capital. Click here for print edition home delivery or click here to see the Smart Edition for your computer, tablet, e-reader or smart phone.

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