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April 25, 2008

DRUG TRAFFICKER USES HOT IRON TO SEND MESSAGE, INDICTMENT SAYS

KANSAS CITY, KAN. – A Kansas man was assaulted with a hot iron over a drug deal, according to a federal indictment filed Thursday charging five individuals with trafficking in crack cocaine.
Cecil A. Brooks, 45; L emark D. Robertson, 46; Ronda R. Barnett, 40; Gaylon W. Steele, 50; and Luis M. Rivera-Cotto are charged in a 12-count superseding indictment. The crimes are alleged to have occurred from April 3 to July 14, 2006, in Topeka, Kan., and Kansas City, Kan.

The indictment charges that the defendants conspired to distribute, and to possess with intent to distribute, crack cocaine within 1,000 feet of Topeka High School, 800 W. 10th Street in Topeka, Kan.

According to the indictment, on Nov. 23, 2007, in furtherance of the conspiracy, Brooks attacked and injured another man, Adam G. Newton, during an encounter in the Winstone Apartment Complex, 800 SW Polk in Topeka. Brooks accused Newton of being responsible for stealing or losing $1,000 work of crack cocaine that belonged to Brooks. Brooks struck Newton on the side of the head with a bottle, knocking Newton to the ground. Then Brooks picked up a hot iron and burned Newton on the back with the iron several times. The attack was for the purpose of sending a message to Newton and other people that Brooks and his co-conspirators would not tolerate anyone stealing crack cocaine from them.

The defendants face the following charges:

Cecil A. Brooks: One count of conspiracy, and one count of maintaining a residence (1942 N. 24th, Kansas City, Kan.) in furtherance of drug trafficking.
Lemark D. Roberson: One count of conspiracy, one count of maintaining a residence (800 SW Polk, Apt. 38) in furtherance of drug trafficking; one count of maintaining a residence (800 SW Polk, Apt. 35) in furtherance of drug trafficking; and one count of possession with intent to distribute crack cocaine.
Ronda R. Barnett: One count of conspiracy, and one count of distributing crack cocaine within 1,000 feet of Topeka High School.
Gaylon W. Steele: One count of conspiracy and three counts of distributing crack cocaine within 1,000 feet of Topeka High School.
Luis M. Rivera-Cotto: One count of conspiracy, two counts of distributing crack cocaine within 1,000 feet of Topeka High School, one count of maintaining a residence (800 SW Polk, Apt. 16) in furtherance of drug trafficking, and one count of possession with intent to distribute crack cocaine.

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 $8 million.
– Maintaining a residence in furtherance of drug trafficking: Not less than one year and not more than 40 years and a fine up to $2 million.
– Distribution of crack cocaine within 1,000 feet of a school: Not less than 1 year and not more than 40 years and a fine up to $2 million.
– Possession with intent to distribute more than 5 grams of crack cocaine within 1,000 feet of a school: Not less than 5 years and not more than 80 years and a fine up to $4 million.
– Possession with intent to distribute 5 grams or less of crack cocaine within 1,000 feet of a school. Not less than 1 year and not more than 40 years and a fine up to $2 million.

The Topeka Police Department, the Drug Enforcement Administration and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Tris Hunt is prosecuting.

OTHER INDICTMENTS

A grand jury meeting Thursday in Kansas City also returned the following indictments:

Raymond F. Gentry is charged with intellectual property crimes. The crimes are alleged to have occurred from April 3, 2006, to July 14, 2006, in Shawnee County, Kan.

Gentry is charged with one count of unlawfully making copies of copyrighted motion pictures on DVDs, and one count of circumventing technological measures meant to protect the copyrighted DVDs. A separate count seeks the forfeiture of a DVD duplicator, a computer and DVDs seized during the execution of a search warrant at his home in Topeka.

If convicted, he faces a penalty of not more than 5 years in federal prison and a fine up to $250,000 on the charge of unlawfully making copies; and a maximum penalty of 5 years and a fine up to $500,000 on the charge of circumventing technology to protect copyrighted material.

The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Kimberly Hare is prosecuting.

Dion Coates, 28, is charged with escaping from custody at the Federal Prison Camp in Leavenworth, Kan., after having been convicted of drug trafficking in Missouri. The crime is alleged to have occurred April 14, 2008.

If convicted, he faces a maximum penalty of 5 years and a fine up to $250,000. The U.S. Marshals Service is investigating the case and attempting to apprehend Coates. Assistant U.S. Attorney Scott Rask is prosecuting.

Erick Jeovany Lopez-Flores, 26, a citizen of El Salvador, and Felix Antonio Guardado-Delgado, 21, a citizen of El Salvador, are charged with one count of conspiracy to pass counterfeit bank drafts, two counts of passing counterfeit bank drafts, and one count of possessing false documents in order to stay in the United States. The crimes are alleged to have occurred April 12, 2008, in Shawnee County, Kan.

If convicted, they face a maximum penalty of 5 years in federal prison and a fine up to $250,000 on the conspiracy charge, and a maximum penalty of 10 years and a fine up to $250,000 on each of the other counts. The U.S. Secret Service investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

James M. Zimmerman, 47, is charged with one count of possession with intent to distribute methamphetamine, and one count of maintaining a residence at 138 O Lane, Clearview City, Kan., in furtherance of drug trafficking. The crimes are alleged to have occurred in August 2006 in Johnson County, Kan.

If convicted, he faces a penalty of not less than 5 years and not more than 40 years and a fine up to $2 million on the possession charge, and a penalty of not less than year and not more than 40 years and a fine up to $2 million on the charge of maintaining a residence in furtherance of drug trafficking. The Johnson County Sheriff’s Office investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Christopher Jackson, 32, is charged with unlawful possession of a home made knife while he was an inmate at the U.S. penitentiary in Leavenworth, Kan. The crime is alleged to have occurred March 5, 2007.

If convicted, he faces a maximum of 5 years in federal prison and a fine up to $250,000. The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Sheri McCracken is prosecuting.

Juan Cenciceros-Jurado, 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 April 8, 2008, in Kansas City, 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 Kim Martin is prosecuting.

Salvador Beltran-Lara, 28, Kansas City, Kan., is charged with one count of unlawful possession of a firearm by an illegal alien and one count of unlawful possession of a firearm that had been altered to remove the serial number. The crimes are alleged to have occurred March 23, 2008, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge of unlawful possession by an illegal alien, and a maximum of 5 years and a fine up to $250,000 on the charge of possessing a firearm that had been altered to remove the serial number. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictments filed merely contain allegations of criminal conduct.