Case 3:21-cr-00033-GMG-RWT Document 40 Filed 07/20/21 Page 1 of 36 PageID #: 87

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF WEST VIRGINIA FILED
‘JUt. 20 2021
UNITED STATES OF AMERICA,
UT
V.
Criminal No. 3:21-CR
LENIN ERASMO LUNA MOTA, aka “Papi,”
JUAN MANUEL DE LA ROSA-TEJEDA,
aka “Little Papi,” Violations: 18 U.S.C. §2
DANIEL INOA-RODRIGUEZ, aka “Danny,” 18 U.S.C. § 1956(h)
SHAWN GORSIRA, 18 U.S.C. § 1957
ANA ERCILIA LUNA, 21 U.S.C. § 841(a)(1)
STEPHANY RODRIGUEZ, 21 U.S.C. § 841(b)(1)(A)
DOMINICK MICKENS, 21 U.S.C. § 841(b)(1)(B)
JACKIE DEVON THOMPSON, 21 U.S.C. § 841(b)(1)(C)
TYRONE LEWIS, aka “Roc,” 21 U.S.C. § 843(b)
ALAN CLARK TOLLIVER, 21 U.S.C. § 843(d)
MIGUEL ANGEL SANTIAGO 21 U.S.C. § 846
CARABALLO,
CARL LOMAX WYNN,
MARCUS DEON LONGUS,
THOMAS MOORE,
SAMUEL ROSE,
DANDRE TRAYHAM,
BRANDEN WATSON,
CALEB SINCLAIR,
DESTINY DABBS,
FELICIA JOHNSON,
BRIAN C. DIXON,
CHRISTINE ANDERS,
EDWIN ORRILLIO, aka “J Money,”
PAUL DAVID FAIRBURN,
EDSON VELASQUEZ-LOPEZ,
CHELSEA NICOLE PINKCETT,
DANIEL HARDY,
ELISEO JEROME ROZAS,
RONALD MICHAEL BOWERS,
ANGELA DAWN GREGORY,
DEMITRE MCCOY WHITE,
DEVRON JEREL BROWN, aka “Country,”
LESTER LUNA, and
CARLOS M. NUNEZ-ARIAS, aka
“Charlote,”

Defendants.

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INDICTMENT

The Grand Jury charges that:

COUNT ONE

(Conspiracy to Possess with Intent to Distribute and to Distribute Five Kilograms or More of a Mixture
or Substance Containing Cocaine)

From on or about August 1, 2020, to on or about June 22, 2021, in Berkeley County, in the

Northern District of West Virginia, and elsewhere, defendants LENIN ERASMO LUNA MOTA, aka

“Papi,” and JUAN MANUEL DE LA ROSA-TEJEDA, aka “Little Papi,” did unlawfully, knowingly,

intentionally, and without authority combine, conspire, confederate, agree and have a tacit understanding

together with other persons to violate Title 21, United States Code, Section 841(a)(l). It was a purpose

and object of the conspiracy to possess with intent to distribute and to distribute five kilograms or more

of a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance;

in violation of Title 21, United States Code, Sections 846 and 841(b)(l)(A).

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COUNT TWO

(Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and
Cocaine Hydrochloride)

From on or about August 1, 2020, to on or about June 22, 2021, in Berkeley County, in the

Northern District of West Virginia, and elsewhere, defendants LENIN ERASMO LUNA MOTA, aka

“Papi,” JUAN MANUEL DE LA ROSA-TEJEDA, aka “Little Papi,” DANIEL INOA

RODRIQUEZ, aka “Danny,” SHAWN GORSIRA, ANA ERCILIA LUNA, STEPHANY

RODRIGUEZ, DOMINICK MICKENS, JACKIE DEVON THOMPSON, TYRONE LEWIS, aka

“Roe,” ALAN CLARK TOLLIVER, MIGUEL ANGEL SANTIAGO CARABALLO, CARL

LOMAX WYNN, MARCUS DEON LONGUS, THOMAS MOORE, SAMUEL ROSE, DANDRE

TRAYHAM, BRANDEN WATSON, CALEB SINCLAIR, DESTINY DABBS, FELICIA

JOHNSON, BRIAN C. DIXON, CHRISTINE ANDERS, EDWIN ORRILLIO, aka “J Money,”

PAUL DAVID FAIRBURN, EDSON VELASQUEZ-LOPEZ, CHELSEA NICOLE PINKCETT,

DANIEL HARDY, ELISEO JEROME ROZAS, RONALD MICHAEL BOWERS, ANGELA

DAWN GREGORY, DEMITRE MCCOY WHITE, DEVRON JEREL BROWN, aka “Country,”

LESTER LUNA, and CARLOS M. NUNEZ-ARIAS, aka “Charlote,” did unlawfully, knowingly,

intentionally, and without authority combine, conspire, confederate, agree and have a tacit understanding

together with each other and other persons to violate Title 21, United States Code, Section 841 (a)( 1). It

was a purpose and object of the conspiracy to possess with intent to distribute and to distribute a mixture

and substance containing a detectable amount of heroin, a Schedule I controlledsubstance; a mixture and

substance containing a detectable amount of fentanyl, a Schedule II controlled substance; a mixture and

substance containing a detectable amount of cocaine base, also known as “crack,” a Schedule II

controlled substance; and a mixture and substance containing a detectable amount of cocaine

hydrochloride, also known as “coke,” a Schedule II controlled substance; in violation of Title 21, United

States Code, Sections 846 and 841(b)(1)(C).

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COUNT THREE

(Conspiracy to Launder Monetary Instruments)

1. During a period commencing on or about August 1, 2020, and ending on or about June

22, 2021, in Berkeley County, in the Northern District of West Virginia, defendant LENIN ERASMO

LTJNA MOTA, aka “Papi,” and LESTER LUNA did knowingly combine, conspire, and agree with

each other and with other persons to commit offenses against the United States in violation of Title 18,

United States Code, Section 1956 and Section 1957.

Objects of the Conspiracy

2. An object of the conspiracy was to violate Title 18, United States Code, Section

1956(a)(l)(A)(i) by knowingly conducting financial transactions affecting interstate commerce

involving proceeds of the specified unlawful activity constituting the offenses charged in Counts One

and Two, with the intent to promote the carrying on of such specified unlawful activity.

3. An object of the conspiracy was to violate Title 18, United States Code, Section

195 6(a)( 1 )(B)(i) by knowingly conducting financial transactions affecting interstate commerce

involving the proceeds of the specified unlawful activity constituting the offenses charged in Counts One

and Two, knowing that the transactions would be designed to conceal and disguise the nature, location,

source, ownership, and control of proceeds of said specified unlawful activity.

4. An object of the conspiracy was to violate Title 18, United States Code, Section 1957 by

knowingly engaging in monetary transactions through and to financial institutions, affecting interstate

commerce, in criminally derived property of a value greater than $10,000 that had been derived from the

specified unlawful activity constituting the offenses charged in Counts One and Two.

Manner and Means

5. The manner and means used to accomplish the objectives of the conspiracy included,

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among others, the following:

6. It was part of the conspiracy that defendant LENIN ERASMO LUNA MOTA, aka

“Papi,” the owner of Top 3 Sources, a business located at 1015, 1017, 1019, 1021, 1023, and 1025

West Washington St., Hagerstown, Maryland, would cause and direct individuals, including defendant

LESTER LUNA, to bring currency to him from the Northern District of West Virginia and elsewhere

as payment for controlled substances.

7. It was part of the conspiracy that defendant LENIN ERASMO LUNA MOTA, aka

“Papi,” would use the Top 3 Sources’s bank account at Fulton Bank to pay rent for the premises located

at 1015, 1017, 1019, 1021, 1023, and 1025 West Washington St., Hagerstown, Maryland. These

premises were used for the possession and sale of controlled substances.

Overt Acts

8. In furtherance ofthe conspiracy, and to effect the objects thereof, a conspirator committed

at least one of the following overt acts, and others:

9. On December 8, 2020, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit of $6,060 to the Top 3 Sources bank account at Fulton Bank.

10. On January 7, 2021, check number 1843 payable to Properties International in the amount

of $4,900 was negotiated.

11. On January 20, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit of $1,869 to the Top 3 Sources bank account at Fulton Bank.

12. On January 29, 2020, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit of $9,700 to the Top 3 Sources bank account at Fulton Bank

13. On February 5, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated and directed defendant LESTER LUNA to conduct a cash deposit of$1 1,486 to the Top 3

Sources bank account at Fulton Bank.

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14. On February 5, 2021, check number 1904 payable to Properties International in the

amount of $4,900 was negotiated.

15. On February 16, 2021, check number 1930 payable to International Properties for “1021

W Washington Apt 3 rent” in the amount of $2,940 was negotiated.

16. On February 22, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated two cash deposits totaling $7,503 to the Top 3 Sources bank account at Fulton Bank.

17. On March 15, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated two cash deposits totaling $5,667.07 to the Top 3 Sources bank account at Fulton Bank.

18. On April 7, 2021, check number 1953 payable to Properties International in the amount

of $5,000 was negotiated.

19. On April 13, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $1,637.

20. On April 20, 2021, defendant LENIN ERASMO LIJNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $4,714.

21. On April 26, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $8,401.69.

22. On April 27, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $13,500.

23. On April 28, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $11,000.

24. On April 28, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $19,900.

25. On April 29, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $19,900.

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26. On April 29, 2021, defendant LENIN ER&SMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $8,510.

27. On April 29, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $10,495.

28. On April 30, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $8,100.

29. On May 5, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI, orchestrated

a cash deposit in the amount of $7,030.

30. On May 7, 2021, check number 2012 payable to Properties International in the amount

of $5,000 was negotiated.

31. On May, 10, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI,

orchestrated a cash deposit in the amount of $2,580.

32. On May 12, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI, orchestrated

a cash deposit in the amount of $1,453.40.

33. On May 17, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI, orchestrated

a cash deposit in the amount of $3,910.79.

34. On May 26, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI, orchestrated

a cash deposit in the amount of $3,865.62.

35. On June 2, 2021, defendant LENIN ERASMO LUNA MOTA, aka PAPI, orchestrated

a cash deposit in the amount of $2,368.13.

36. On June 2, 2021, check number 2050 payable to Properties International in the amount

of $5,750 was negotiated.

All in violation of Title 18, United States Code, Sections 1956(h) and 1957.

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COUNT FOUR

(Aiding and Abetting the Distribution of Cocaine Hydrochloride)

On or about August 20, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants BRANDEN WATSON aided and abetted by SAMUEL ROSE, DESTINY DABBS, and

CALEB SINCLAIR did unlawfully, knowingly, intentionally, and without authority, distribute a

mixture and substance containing a detectable amount of cocaine hydrochloride, also known as “coke,”

a Schedule II controlled substance, in exchange for $600 in United States currency; in violation of Title

18, United States Code, Section 2, and Title 21, United States Code, Sections 841 (a)(l) and 841 (b)(l )(C).

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COUNT FIVE

(Distribution of Cocaine Base)

On or about August 21, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $1,100 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(l)(C).

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COUNT SIX

(Distribution of Heroin)

On or about August 21, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of heroin, a

Schedule I controlled substance, in exchange for $600 in United States currency; in violation of Title 21,

United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT SEVEN

(Distribution of Cocaine Base)

On or about August 25, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $1,000 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT EIGHT

(Distribution of a Heroin and Fentanyl Mixture)

On or about August 25, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of heroin, a

Schedule I controlled substance, and fentanyl, a Schedule II controlled substance, in exchange for $600

in United States currency; in violation of Title 21, United States Code, Sections 841 (a)( 1) and

841 (b)(1 )(C).

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COUNT NINE

(Distribution of Cocaine Base)

On or about August 27, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $1,800 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT TEN

(Aiding and Abetting the Distribution of Twenty-Eight Grams or More of Cocaine Base)

On or about September 1, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON aided and abetted by DEVRON JEREL

BROWN, aka “Country,” did unlawfully, knowingly, intentionally, and without authority, distribute

twenty-eight grams or more of a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $1,800 in United States

currency; in violation of Title 18, United States Code, Section 2, and Title 21, United States Code,

Sections 841(a)(1) and 841(b)(1)(B).

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COUNT ELEVEN

(Distribution of Cocaine Base)

On or about September 8, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $1,550 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT TWELVE

(Distribution of Twenty-Eight Grams or More of Cocaine Base)

On or about September 28, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute twenty-eight grams or more of a mixture and substance containing a

detectable amount of cocaine base, also known as “crack,” a Schedule II controlled substance, in

exchange for $1,800 in United States currency; in violation of Title 21, United States Code, Sections

841(a)(1) and 841(b)(1)(B).

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COUNT THIRTEEN

(Distribution of Cocaine Base)

On or about November 4, 2020, in Berkeley County, in the Northern District of West Virginia,

defendants SAMUEL ROSE and BRANDEN WATSON did unlawfully, knowingly, intentionally, and

without authority, distribute a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $900 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(l) and 841(b)(1)(C).

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COUNT FOURTEEN

(Distribution of Cocaine Hydrochloride)

On or about November 6, 2020, in Berkeley County, in the Northern District of West Virginia,

defendant SAMUEL ROSE did unlawfully, knowingly, intentionally, and without authority, distribute

a mixture and substance containing a detectable amount of cocaine hydrochloride, also known as “coke,”

a Schedule II controlled substance, in exchange for $500 in United States currency; in violation of Title

21, United States Code, Sections 841(a)(1) and 841(b)(l)(C).

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COUNT FIFTEEN

(Distribution of Twenty-Eight Grams or More of Cocaine Base)

On or about November 18, 2020, in Berkeley County, in the Northern District of West Virginia,

defendant SAMUEL ROSE did unlawfully, knowingly, intentionally, and without authority, distribute

twenty-eight grams or more of a mixture and substance containing a detectable amount of cocaine base,

also known as “crack,” a Schedule II controlled substance, in exchange for $5,200 in United States

currency; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

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COUNT SIXTEEN

(Unlawful Use of Communication Device)

On or about November 18, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and DANIEL HARDY did knowingly and intentionally

use a communication device in committing, causing, and facilitating the commission of a felony under

Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in Count Two of this

Indictment, that is, the defendants used a telephone to arrange a distribution of a mixture and substance

containing cocaine base, also known as “crack,” a Schedule II controlled substance; in violation of Title

21, United States Code, Sections 843(b) and 843(d).

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COUNT SEVENTEEN

(Unlawfiil Use of Communication Device)

On or about November 19, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and CHELSEA NICOLE PINKCETT did knowingly

and intentionally use a communication device in committing, causing, and facilitating the commission

of a felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in

Count Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a

mixture and substance containing heroin, a Schedule I controlled substance, and fentanyl, a Schedule II

controlled substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT EIGHTEEN

(Unlawful Use of Communication Device)

On or about November 20, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants MARCUS DEON LONGUS and SAMUEL ROSE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a mixture

and substance containing cocaine hydrochloride, also known as “coke,” a Schedule II controlled

substance, and a mixture and substance containing heroin, a Schedule I controlled substance; in violation

of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT NINETEEN

(Unlawful Use of Communication Device)

On or about November 21, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants DANDRE TRAYHAM and SAMUEL ROSE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841 (a)( 1), and 841 (b)(1 )(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a mixture

and substance containing heroin, a Schedule I controlled substance; in violation of Title 21, United States

Code, Sections 843(b) and 843(d).

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COUNT TWENTY

(Unlawful Use of Conununication Device)

On or about November 23, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants DANDRE TRAYHAM and SAMUEL ROSE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(l), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a mixture

and substance containing heroin, a Schedule I controlled substance; in violation of Title 21, United States

Code, Sections 843(b) and 843(d).

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COUNT TWENTY-ONE

(Distribution of a Heroin and Fentanyl Mixture)

On or about November 25, 2020, in Berkeley County, in the Northern District of West Virginia,

defendant SAMUEL ROSE did unlawfully, knowingly, intentionally, and without authority, distribute

a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance,

and fentanyl, a Schedule II controlled substance, in exchange for $750 in United States currency; in

violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT TWENTY-TWO

(Unlawful Use of Communication Device)

On or about November 25, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and ELISEO JEROME ROZAS did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(l), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a mixture

and substance containing cocaine base, a Schedule II controlled substance; in violation of Title 21,

United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-THREE

(Unlawful Use of Communication Device)

On or about December 1, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and RONALD MICHAEL BOWERS did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of a controlled

substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-FOUR

(Unlawful Use of Communication Device)

On or about December 1, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and DEMITRE MCCOY WHITE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of heroin, a

Schedule I controlled substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-FIVE

(Unlawful Use of Communication Device)

On or about December 7, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants MARCUS DEON LONGUS and SAMUEL ROSE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(l)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of heroin, a

Schedule I controlled substance, and cocaine hydrochloride, also known as “coke,” a Schedule II

controlled substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-SIX

(TJnlawful Use of Communication Device)

On or about December 9, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants SAMUEL ROSE and ANGELA DAWN GREGORY did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(l), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of heroin, a

Schedule I controlled substance, and cocaine hydrochloride, also known as “coke,” a Schedule II

controlled substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-SEVEN

(Unlawful Use of Communication Device)

On or about December 18, 2020, in Berkeley County, in the Northern District of West Virginia

and elsewhere, defendants MARCUS DEON LONGUS and SAMUEL ROSE did knowingly and

intentionally use a communication device in committing, causing, and facilitating the commission of a

felony under Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), as alleged in Count

Two of this Indictment, that is, the defendants used a telephone to arrange a distribution of heroin, a

Schedule I controlled substance, and cocaine hydrochloride, also known as “coke,” a Schedule II

controlled substance; in violation of Title 21, United States Code, Sections 843(b) and 843(d).

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COUNT TWENTY-EIGHT

(Possession with Intent to Distribute Cocaine Hydrochloride)

On or about February 3, 2021, in Berkeley County, in the Northern District of West Virginia,

defendant FELICIA JOHNSON did unlawfully, knowingly, intentionally, and without authority,

possess with the intent to distribute a mixture and substance containing a detectable amount of cocaine

hydrochloride, a Schedule II controlled substance; in violation of Title 21, United States Code, Sections

841(a)(1) and 841(b)(1)(C).

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COUNT TWENTY-NIM~

(Possession with Intent to Distribute Cocaine Hydrochloride)

On or about March 2, 2021, in Berkeley County, in the Northern District of West Virginia,

defendant BRIAN C. DIXON did unlawfully, knowingly, intentionally, and without authority, possess

with the intent to distribute a mixture and substance containing a detectable amount of cocaine

hydrochloride, a Schedule II controlled substance; in violation of Title 21, United States Code, Sections

841(a)(1) and 841(b)(l)(C).

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COUNT THIRTY

(Possess with Intent to Distribute Cocaine Hydrochloride)

On or about March 30, 2021, in Berkeley County, in the Northern District of West Virginia,

defendant ALAN CLARK TOLLIVER did unlawfully, knowingly, intentionally, and without

authority, possess with the intent to distribute a mixture and substance containing a detectable amount

of cocaine hydrochloride, a Schedule II controlled substance; in violation of Title 21, United States Code,

Sections 841(a)(1) and 841(b)(1)(C).

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FORFEITURE ALLEGATION

Controlled Substance Act

Pursuant to Title 21, United States Code, Section 853 and Title 21, United States Code, Sections

841 and 846, the government will seek the forfeiture of property as part of the sentence imposed in this

case; that is, the forfeiture of any property used, or intended to be used, to commit or to facilitate the

commission of the above referenced offense, and any property constituting, or derived from, proceeds

obtained directly or indirectly, as a result of such offense, including the following items:

1. $30,000 seized from Daniel Inoa-Rodriquez on March 30, 2021;

2. 2012 Honda Pilot; VIN: 5FNYF4H65CB007338, MD Plate: 4ER3037;

3. 2010 BMW 550i, VIN: WBA5N4C50AC209289, MD Plate: 7EP5979;

4. 2009 Mercedes Benz ML350, VIN: 4JGBB86E09A490141, MD Plate: 9EL9857;

5. 2018 Chevrolet Silverado, VIN: 1GCVKPEC5JZ326112, No Plate;

6. 2016 Isuzu Truck, VIN: 54DC4W1B8GS805212, No Plate;

7. 2012 Honda Accord, VIN: 1HGCP2F37CA238532, MD Plate: 5EL4017;

8. $227,000 in Top 3 Sources’ Fulton Bank account;

9. $121,670 seized on June 22, 2021;

10. $27,230 seized on June 22, 2021;

11. $4,116 seized from Miguel Angel Santiago Caraballo’s residence on June 22, 2021;

12. A R.G. Industries, .22 revolver, bearing serial number 785567 from Shawn Gorsira’ s residence;

13. Four rounds of .22 caliber ammunition seized from Shawn Gorsira’ s residence; and

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14. Two rounds of 9mm ammunition seized from Shawn Gorsira’s residence.

A true bill,

/5/
Grand Jury Foreperson

/5/
RANDOLPH J. BERNARD
Acting United States Attorney

Lara K. Omps-Botteicher
Assistant United States Attorney

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