U.S. Attorney William J. Ihlenfeld Story Archives - West Virginia Public Broadcasting

New Domestic Violence Reduction Initiative Set For Berkeley County

A new initiative to ”protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety” focuses on prosecuting violent offenders, keeping firearms out of the hands of criminals and conducting training for law enforcement.

The U.S. Attorney for the Northern District of West Virginia, William Ihlenfeld, announced the Berkeley County Domestic Violence Reduction Initiative Monday and the first indictments from it.

The initiative was formed in January to ”protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety.”

The program focuses on prosecuting violent offenders, keeping firearms out of the hands of criminals and conducting training for law enforcement.

Ihlenfeld was joined by officials from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Berkeley County Prosecuting Attorney’s Office; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Eastern Panhandle Empowerment Center — an organization with a mission “to protect victims, prevent violence and empower survivors of domestic violence, sexual assault, stalking and human trafficking.”

“Domestic abusers are some of the most dangerous individuals in our community,” Ihlenfeld said. “This new and innovative approach will make Berkeley County safer for everyone, and especially for victims of domestic violence.”

Multiple federal indictments were returned in May under the initiative, including the following:

Paul Richard Tomlinson, 23, of Martinsburg was indicted on firearms, witness tampering, and interstate violations. According to court documents, Tomlinson had a protective order filed against him in Berkeley County. Tomlinson violated that order, having someone on his behalf contact the protected party, trying to persuade the victim to drop the protective order and claim ownership of a .22 caliber pistol that investigators say belongs to Tomlinson. He is prohibited from having firearms due to a prior conviction.
Brian Michael Lewis, 42, of Levels has been charged with two firearms charges involving eight firearms, two receivers, and ammunition. According to court documents, Lewis, who has previous convictions that prohibit firearms possession, was arrested after officers responded to a domestic violence call and found the various firearms, including an unregistered short-barrel rifle.
Gabriel Ian Smith, 45, of Falling Waters was charged with one firearms violation. Smith, who cannot have firearms because of a domestic battery conviction in Berkeley County, had a 9 mm pistol and ammunition.
Justin Scott Shaw, 34, of Martinsburg was indicted on a firearms charge for having a 9 mm pistol and ammunition despite a domestic battery conviction in Berkeley County.
Investigators on the cases include the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Hampshire County Sheriff’s Office. The Jefferson County Prosecutor’s Office and the Hampshire County Prosecutor’s Office assisted.

Special Assistant U.S. Attorney Adam Ward, also with the Jefferson County Prosecutor’s Office, is prosecuting the cases on behalf of the government.

An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

U.S. Attorney Discusses Impact of Early Inmate Release in W.Va.

In the U.S., for every 100,000 people, 710 will be incarcerated – that’s more than twice the rate of incarceration in any other developed country. And certain demographics fare significantly worse than others.

But social disparities aside, it’s prison overcrowding that is motivating changes in the justice system. Thousands of federal inmates across the country are seeing reduced sentences in light of new guidelines for non-violent drug offenders. U.S. Attorney William J. Ihlenfeld spoke about the implications and challenges here in West Virginia.

In an effort to address overcrowding in prisons across the nation, a year ago the United States Sentencing Commission decided to modify sentencing for federal drug crimes… a little. What it amounts to nationally is that, on average, non-violent drug offenders serve eight and a half years, instead of ten and a half. U.S. District Attorney William Ihlenfeld explained that last year, after receiving 80,000 comments on the matter, the independent agency within the U.S. judicial branch unanimously decided to adjust sentencing.

“Congress had the opportunity to vote to reject it,” Ihlenfeld said. “Congress elected not to take any vote which meant that the recommendation of the sentencing commission went into effect.”

59 inmates were released in West Virginia according to the Associated Press. 44 of those inmates were released in northern West Virginia, Ihlenfeld reports, after careful case-by-case evaluations. 25 percent of those 44 inmates were already transitioning out of prisons and were either under house arrest or in a halfway house.

Nationally, a quarter of all requests were denied, but 6,000 inmates were ultimately released this month around the country. Ihlenfeld says in light of the number of released prisoners every year (which is more than 70-thousand people), he doesn’t consider 6,000 an overwhelming number. At all. He says these offenders are released in the same manner as all others, which often includes lengthy probation periods. Ihlenfeld points out that with all prisoners, the most important aspect of release is what’s referred to as “re-entry.”

“If they don’t get a job and land on their feet within the first six weeks I think that the numbers are pretty bad about going back to a life of crime to support themselves. So right when they get out is the most critical time, and we’re working really hard to identify employers who will hire these individuals.”

According to the Pew Center on the States, one in three prisoners falls back into crime after release in West Virginia. And that’s supposed to be an impressive number. West Virginia’s “recidivism rate” as it’s called, is the 4th lowest in the country. Ihlenfeld said efforts to convince employers to hire felons haven’t been in vain.

“I wouldn’t say we’re having a lot of success. We’re having some success. We have identified businesses that are very much open to that. And there’s benefits to the businesses as well.”

Ihlenfeld said business owners report that many people on supervised release are more reliable, clean, and sober because they are following a set of rules that are being overseen continuously by probation officers.

“A lot of people want to work and support their families. They just need an opportunity.”

A re-entry program exists within the U.S. District Attorney’s office for any business owners who are willing to be involved. Ihlenfeld says there’s also a little-known federal bonding program:

“So if you’re hiring someone and you’re concerned that there might be an issue of theft, there’s a federal bonding program that costs a business nothing and you can become bonded and be protected from any kind of a loss that might occur.”

Ihlenfeld said his office will continue to process requests from inmates for adjusted sentences. Implementation of the new guidelines for non-violent drug offenders was delayed by a year to give offices like his time to process requests. He said he anticipates more requests will continue to be filed for some time.

U.S. District Attorney to Hold Addiction Forum in Clarksburg

U.S. District Attorney J. William Ihlendfeld II will be discussing the latest efforts to come from his office to combat the addiction epidemic in West Virginia. Ihlenfeld’s office is expanding his established Addiction Action Plan from the northern panhandle into Monongalia, Marion, and Harrison counties.

“We have partnered with thought-leaders in a lot of different areas to try to come up with a multidisciplinary approach to this,” Ihlenfeld said. “We recognized years ago that while it’s important to prosecute and investigate and incarcerate the drug traffickers, we need to do more with the users to try and decrease demand.”

Recommendations of a committee that has been reviewing the Addiction Action Plan will be discussed during the community forum at six o’clock tonight at the Robert C. Byrd High School in Clarksburg.

Company Fined for Distributing Unapproved Medical Products

An Eastern Panhandle company has been fined $10,000 for distributing medical products without federal approval.

Rebuilder Medical Technologies, Inc. also must spend a year on probation. The Jefferson County company was sentenced on Monday in U.S. District Court in Martinsburg.

Rebuilder Medical Technologies had pleaded guilty in May to one count of introducing an unapproved drug into interstate commerce.

U.S. Attorney William J. Ihlenfeld II says the company manufactured and distributed a drug for skin conditions that contained colloidal silver.

Ihlenfeld says in a news release that drugs containing colloidal silver have not been approved by the U.S. Food and Drug Administration because of concerns over the substance’s lack of effectiveness. There also is a risk of side effects such as skin discoloration.