USA v. Hinley et al, GA, Indictment, inmate guard smuggling scheme, 2015
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FTL5D*IH Eif;l$Hf,** sEP 2 2 ?015 J t,l IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNrrso Srerns or Autsnrce Criminal Indictment 7) NOC35 Doruerp Howeno Hti{rsv Oper MenIs Havnpi.i RunpN Rurz A/K/A "FLACo," A/ K/ A "ScRAPPY" Wrlrrev A. MaTTHEWS t/ r/ x ,,TWo YOUNG,, KeNses BrRrorltNt a/ UNDER SEAL r/ a "GuIDo" ANsrnR AnrrNe Wtnteus THE GRAND JURY CHARGES THAT At all times relevant to this indictment: Background 1. The Georgia Department of Corrections (GDOC) is an agency of the State of Georgia and responsible for overseeing the operations of state prisons. Approximately 60,000 inmates are incarcerated in Georgia state prisons. 2. Increasiogty, GDOC inmates are obtaining and using cellular telephones to further their criminal activities while incarcerated. Cellular telephones pose a significant risk to institutional safety and security as well as public safety. Among other things, cellular telephones are used to traffic drugs, commit fraud schemes and organize criminal activity both inside and outside of prison. Ctark Llertt Inmates regularly buy and sell cellular telephones inside of prison, many of which are the latest models that were equipped with touch screens and L:rternet ACCCSS. 3. Valdosta State Prison (VSP) is located in,Valdosta, Georgia and houses adult male inmates. DONALD HOWARD HINLEY was an inmate at VSP. \tVhile HINLEY was an inmate at VSP, he obtained cellular telephones and used them to traffic drugs and arrange for contraband to be smuggled into GDOC facilities. 4. \tVhile he was an inmate at VSP, HINLEY obtained multiple cellular telephones and used them frequently to traffic drugs and, on at least one occasiory to plan a violent assault on another inmate in retaliation for the inmate agreeing to cooperate with law enJorcement. 5. HINLEY'S co-conspirators, RUBEN RUIZ a/k/a 'FLACO," af kf "SCRAPPY", WILLIAM A. MATTHEWS a a/k/ a "TWO YOUNG' and KANSAS BERTOLLINI a/k/a 'GUIDO," were GDOC inmates who were recently paroled from state custody. The VSP Sm Scheme 6. Typically, inmates relied on prison employees to smuggle cellular telephones and other contraband into VSP. HINLEY routinely arranged to have telephones, cigarettes, liquor, prescription pain medication and illegal drugs smuggled into the prison by prison employees. ANEKRA ARTINA WILLIAMS was a GDOC corrections officer who smuggled contraband into VSP in exchange for bribe payments. 2 7. WILLIAMS smuggled drugs, tobacco and other items requested by inmates into VSP. On one such occasion, WILLIAMS smuggled methamphetamine and prescription pain medication into the prison for HINLEY in exchange for $500. 8. [:r order to assist with the smuggling scheme, HINLEY arranged to have the contraband packaged in a manner to avoid detection by other prison security officers. According to telephone calls and text messages, HINLEY acquired gallons of the "strongest" liquor smuggled into the prison in large plastic water bottles. HINLEY instructed others to package marijuana and methamphetamine so a correction officer could put it "under her vest." HINLEY ordered that the packages be tightly sealed so the packages "ant{t gonna smell." Drus Trafficking from Inside Prison 9. While an inmate at VSP, HINLEY coordinated a network of illegal drug suppliers and couriers that included, among others, OPAL MARIE HAYDEN, RUBEN RUIZ MATTHEWS "GUIDO" A/K/ A "FLACO," A/K/ A"SCRAPPY", WILLIAM A/K/ A "TWO YOUNG," KANSAS arrd ANEKRA BERTOLLINT A. A/K/ A ARTINA WILLIAMS. With their assistance, HINLEY routinely brokered significant illegal drug transactions in the Atlanta metropolitan area and in other areas of Georgia. 10. On multiple occasions, while an inmate at VSP and using a cellular telephone that had been smuggled into that institutioru HINLEY coordinated the purchase and sale of illegal narcotics. In recorded telephone calls, HINLEY bragged "we have good prices and good product." a J 11. On one occasion, HINLEY used his contraband cellular telephone to call an inmate at Telfair State Prison (TSP). HINLEY instructed his associate to kill a fellow TSP inmate after HINLEY confirmed that the cooperating inmate was " a snitch" and likely to be a prosecution witness against HINLEY's girlfriend, who had been arrested for drug trafficking. At the time, HINLEY's girlfriend worked as a drug courier in HINLEY's drug organtzatron and was a defendant in a state narcotics case. HINLEY also instructed his inmate associate to commit more assaults outside the prison in the event his inmate associate was released from custody. HINLEY ordered his associate to "shoot every one" of the witness' family members and said ". . . pop them all off, kids, grandmamas, daddies, I don t give a fuck, right?" In a subsequent recorded telephone call to his girlfriend, HINLEY btagged,"I got the best partr:rer I have down there [TSP] to get him [the cooperating inmate]. I mean a straight fucking killing machine . . . ." Immediately after law enforcement learned of HINLEY's plan, the cooperating inmate was placed in protective custody. Count One 12. The Grand Jury re-alleges and incorporates by reference Paragraphs through 11,, as 1 if fully set forth herein. 13. Beginning in or about August, 201,4, the exact date being unknown to the Grand lury, and continuing until on or about April 22,2015, in the Northern District of Georgia, arrd elsewhere, the defendants, DONALD HOWARD HINLELY, OPAL MARIE HAYDEN, RUBEN RUIZ a/k/ a"Flaco," a/k/ "Scrappy," WILLIAM A. MATTHEWS a/k/ a "TwoYoungi' KANSAS 4 a BERTOLLINI a/k/a "Gt)ido," and ANEKRA ARTINA WILLIAMS, did knowingly combine, conspire, confederate, agree, and have a tacit understanding with each other, and with other persons known and unknown to the Grand Jarlr to violate Title 2L, United States Code, Section 841(a)(1), that is to possess with the intent to distribute controlled substances, said conspiracy involving at least 50 grams of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 2L, United States Code, Sections 841(a)(1),841(b)(1XC) and 846. Count Two 14. The Grand Jury re-alleges and incorporates by reference Paragraphs through 11., as 1 if fully set forth herein. L5. On or about lune 6,201,4, in the Northern District of Georgia and elsewhere, the defendants, DONALD HOWARD HINLEY and OPAL MARIE HAYDEN, did knowingly and intentionally distribute a controlled substance, said distribution involving a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title21., United States Code, Sections 8a1(a)(1),841(bX1XC) and Title 18, United States Code, Section 2. Count Three 16. The Grand ]ury re-alleges and incorporates by reference Paragraphs through 11, as if fully set forth herein. 5 L 17. Onor about August 6,201,4, in the Northern District of Georgia and elsewhere, the defendants, DONALD HOWARD HINLEY and OPAL MARIE HAYDEN, did knowirgly and intentionally distribute a controlled substance, said distribution involving a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21.,Un1ted States Code, Sections 841(a)(1), 841(b)(1)(C) and Title LB, United States Code, Section 2. Count Four 18, The Grand Jury re-alleges and incorporates by reference Paragraphs L through 11., as if fully set forth herein. 19. On or about September 20,2014, in the Northern District of Georgia and elsewhere, the defendants, DONALD HOWARD HINLEY, OPAL MARIE HAYDEN, WILLIAM A. MATTHEWS a/k/a "Two Yortrtg," and ANEKRA ARTINA WILLIAMS, did knowingly and intentionally distribute substance, said distribution involvi.g, mixture a controlled and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) and Title 1-8, United States Code, Section 2. Count Five 20. The Grand Jury re-alleges and incorporates by reference Paragraphs 1 through 11., as if fully set forth herein. 21. Beginning on a date unknown to the Grand Jury but by at least on or about September 20,20L4, in the Northern District of Georgia, ar.d elsewhere, the 6 defendant, ANEKRA ARTINA WILLIAMS, and other persons known and unknown to the grand jurf , did knowi.gly combine, conspire, confederate, agree, and have a tacit understanding with each other, to unlawfully affect and attempt to affect in any way and degree, cofiunerce and the movement of any article and commodity in commerce by extortiory as those terms are defined in Title 18, United States Code, Section 1951,(b), in violation of Title 18, United States Code, Section 1951(a). Count Six 22. The Grand Jury re-alleges and incorporates by reference Paragraphs 1 through 77, as if fully set forth herein. 23. On or about April 22,2015, in the Northern District of Georgia and elsewhere, the defendants, DONALD HOWARD HINLEY and KANSAS BERTOLLINI a/k/a "Guido," did knowingly and intentionally distribute a cqnftolled substance, said distribution involving at least 50 grams of a mixfure and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections B 1(a)(1), 841(bX1XC) and Title 1B, United States Code, Section 2. Forfeiture 24.The allegations contained in Counts One through Four and Six of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 25. 21,, United States Code, Section 853. Pursuant to Title 21, United States Code, Section 853, upon conviction of an offense in violation of Tltle21,, United States Code, Section 84L, the 7 defendants, DONALD HOWARD HINLELY, OPAL MARIE HAYDEN, RUBEN RUIZ a/k/ a"Flaco," a/k/ a"Scrappy," WILLIAM A. MATTHEWS a/k/a "Two Young," KANSAS BERTOLLINI a/k/a "Gutido," and ANEKRA ARTINA WILLIAMS, shall forfeit to the United States of America arry property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such offenses and any property used, or intended to be used, in any manner or par! to commit, or to facilitate the commission of, the offenses. The property to be forfeited includes, but is not limited to, a sum of money representing the amount of proceeds obtained as a result of the drug offenses. 26.In additiory upon conviction of an offense in violation of Title 18, United States Code, Section 195L(a), the defendant ANEKRA ARTINA WILLIAMS, shall forfeit to the United States any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such offense pursuant to Title 18, United States Code, Section 9Bf (a)(1)(C) and Title 28, United States Code, Section 246L. 27.If any of the property described above, as a result of any act or omission of the defendant[s]: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third paft!; C has been placed beyond the jurisdiction of the d. has been substantially diminished in value; or 8 cour! e. . has been commingled with other property which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section 982(b). A TRui FOREPERSON Jou N A. HonN Uni tates A TR. rst Assistant United States Attorney No.249953 RENT ATEN Y Assistant United States Attorney Georgia Bar No. 155085 600 U.S. Courthouse 75 Ted Turner Drive, S.W. At1anta, GA 30303 404-581,-6000; Fax: 40 4-58L-6181. 9 BILL