Grand Jury – June 2022

Grand Jury - June 2022
FILE PHOTO: Signage is seen at the United States Department of Justice headquarters in Washington, D.C.

Acting United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 14 unsealed Indictments charging 15 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Abas Yassin Ali, age 19, of Omaha, is charged in a three-count Indictment.  Counts I through III charge Ali with bank fraud beginning on or about January 1, 2021 and continuing through May 25, 2022.  The penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, a $100 special assessment for each charge.

*          Miguel Avalos-Diaz, age 25, and Jose S. Perez, age 26, are charged in a five-count Indictment.  Count I charges Avalos-Diaz and Perez with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about December 10, 2021 and continuing to on or about March 30, 2022.  The penalty if convicted is not less than 10 years’ and up to a life imprisonment, a $10,000,000 fine, not less than 5 years and up to a life term of supervised release, and a $100 special assessment.  Count II charges Avalos-Diaz with distribution of 50 grams or more of methamphetamine (actual) on or about February 3, 2022.  The penalty if convicted is not less than 10 years’ and up to a life imprisonment, a $10,000,000 fine, not less than 5 years and up to a life term of supervised release, and a $100 special assessment.  Count III charges Avalos-Diaz with distribution of methamphetamine and cocaine on or about March 22, 2022.  The penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, not less than 5 years and up to life term of supervised release, and a $100 special assessment.  Count IV charges Avalos-Diaz and Perez with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about March 30, 2022.  The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than 5 years and up to a life term of supervised release, and a $100 special assessment.  Count V charges Avalos-Diaz and Perez with possession of a firearm in furtherance of a drug trafficking crime on or about March 30, 2022.  The maximum possible penalty if convicted is not less than 5 years’ imprisonment and up to a life consecutive to Count IV, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about March 30, 2022.     

*          Edwin Baez, age 28, of Omaha, is charged in a four-count Indictment. Count I charges Baez with distribution of cocaine on or about March 22, 2022.  The penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, not less than three years and up to life term of supervised release, and a $100 special assessment. Count II charges Baez with distribution of cocaine on or about April 27, 2022.  The penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, not less than three years and up to life term of supervised release, and a $100 special assessment.  Count III charges Baez with possession with intent to distribute 500 grams or more of cocaine on or about May 26, 2022.  The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than a four-year and up to life term of supervised release, and a $100 special assessment.  Count IV charges Baez with possession of a firearm in furtherance of a drug trafficking crime on or about May 26, 2022.  The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about May 26, 2022.        

*          Olegario Bernabe-Ortiz, age 49, is charged with illegal reentry after deportation on or about June 7, 2022.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.

*          Jeffrey Bowlin, age 53, of Papillion, Nebraska, is charged in an eight-count Indictment.  Counts I through VIII charge Bowlin with theft of mail beginning on or about April 24, 2022 and continuing through on or about May 21, 2022.  The penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, a $100 special assessment for each charge. 

*          Joshua David Charter, age 44, is charged with escape from custody on or about May 21, 2022.  The penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, a $100 special assessment for each charge. 

*          Donnale C. Clay, age 39, is charged in a three-count Indictment. Count I charges Clay with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about April 27, 2022.  The penalty if convicted is not less than 15 years’ and up to a life imprisonment, a $20,000,000 fine, not less than ten-years and up to life term of supervised release, and a $100 special assessment.  Count II charges Clay with possession with intent to distribute fentanyl on or about April 27, 2022.  The maximum penalty if convicted is 30 years’ imprisonment, a $2,000,000 fine, not less than six years and up to a life term of supervised release, and a $100 special assessment.  Count III charges Clay with felon in possession of a firearm on or about April 27, 2022.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.   

*          Catarino Gonzalez, age 50, is charged with illegal reentry of a removed alien after a felony on or about May 17, 2022.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Demetrius Jones Spence, age 53, is charged with bank robbery on or about July 11, 2018.  The penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, a $100 special assessment. 

*          Jeremy A. Kinney, age 48, of Campbell, Nebraska, is charged in a three-count Indictment. Count I charges Kinney with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about May 26, 2022.  The penalty if convicted is not less than 10 years’ and up to a life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.  Count II charges Kinney with possession of a firearm in furtherance of a drug trafficking crime on or about May 26, 2022.  The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment consecutive to Count I, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count III charges Kinney with felon in possession of a firearm on or about May 26, 2022.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about May 26, 2022.      

*          Marcio Remberto Padilla Villatoro, age 24, is charged with illegal reentry after deportation on or about May 18, 2022.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.

*          David Mark Platt a/k/a Mark Platt, age 56, is charged in a two-count Indictment.  Count I charges Platt with transporting a minor to engage in illegal sexual activity on or about May 14, 2022.  The penalty if convicted is not less than 10 years and up to life imprisonment, a $250,000 fine, not less than 5 years’ and up to life term of supervised release, a $100 special assessment.  Count II charges Platt with committing a sex offense while on the sex offender registry on or about May 14, 2022.  The penalty if convicted is 10 years’ imprisonment consecutive, a $250,000 fine, not less than 5 years and up to life term of supervised release, a $100 special assessment. 

*          Jose Rascon-Escobar, age 36, is charged with illegal reentry of a removed alien after a felony on or about May 25, 2022.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Delmer Sanchez Zuniga, age 41, is charged with illegal reentry of a removed alien after a felony on or about June 8, 2022.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.