Seventy-six year old pleads guilty to armed bank robbery

(From the U. S. Attorney for the Western District of Missouri)

A Hollister, Mo., man pleaded guilty in federal court today to the armed robbery of Central Bank in Branson, Mo.

Joseph E. Cyrus, 76, of Hollister, pleaded guilty before U.S. Magistrate Judge David P. Rush to stealing $30,946 from Central Bank, 1115 James Epps Road in Branson on Oct. 16, 2015.

According to court documents, Cyrus entered the bank at approximately 9 a.m. and was wearing a blue ski mask and rubber gloves. He was carrying a black semi-automatic pistol. Cyrus approached the teller counter, pointed the pistol at the tellers, and said, “This is a robbery.”

Cyrus demanded that all of the bank’s employees who were positioned behind the teller counter come out where he could see them. He demanded that the tellers give him cash from their teller drawers, and at one point told one of the tellers that he would shoot her in the knee.

Cyrus handed one of the bank employees a blue reusable shopping bag and they put the cash in the bag. Cyrus ordered the employees and customers in the lobby to get down on the ground, then he left the bank and walked to a white Ford Ranger pickup truck that was parked in the parking lot across the street from the bank.

Surveillance photos depict the truck with an unknown state’s license plate, which had been attached to the vehicle backwards (with the face of the plate against the truck’s bumper). Four of the six numbers/letters were clearly visible. Branson police dispatchers broadcast the description of the robber and the vehicle to area law enforcement agencies. An off-duty Branson police officer heard the description of the truck and recalled having seen a similar vehicle parked near the Yacht Club Mobile Home Park in Hollister. The officer was familiar with the truck because it had a “for sale” sign in it and he previously called the listed phone number to inquire about purchasing the truck.

At about noon on the day of the robbery, the officer drove to the parking lot and saw the truck parked in the lot. The truck had a West Virginia license plate and was registered to Cyrus. The manager of the mobile home park told the officer that Cyrus had paid his rent and checked out at approximately 11 a.m. the same day. Cyrus left the mobile home park in another vehicle and left the pickup in the parking lot, hoping that it would sell.

A federal agent made a ruse call to the telephone number listed on the “for sale” sign in the truck. The call went to voice mail, and the agent left a message indicating that he was interested in purchasing the truck. The agent was able to contact Cyrus through an intermediary who called Cyrus and told him he had a potential buyer for the truck. The agent spoke to Cyrus, posing as the potential buyer. Cyrus later called the agent back and told him that he was not returning to Hollister but that the agent could arrange to wire the money to purchase the truck.

On Wednesday, Oct. 21, 2015, Cyrus turned himself in at the Branson Police Department.

Under federal statutes, Cyrus is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the FBI, the Branson, Mo., Police Department and the Hollister, Mo., Police Department.

Ten students, driver, injured in Lebanon school bus accident

Ten students and the driver were injured in a school bus accident 6:55 a.m. today on Highway MM northeast of Lebanon.

From the KOLR report:

According to the crash report, 49-year-old, Angela Jones was driving the bus when it ran off the right side of the roadway and striking a culvert.

Ten students and the driver on Bus 44 were taken by ambulance to Mercy Hospital in Lebanon.

"We don't believe there were any serious injuries," says Jacy Overstreet, R-3 director of communication. "But some are still being evaluated at the hospital."

Sewer, water rate increase hearings set in Forsyth, Ozark

(From the Missouri Public Service Commission)

The Missouri Public Service Commission will hold local public hearings in Forsyth and Ozark on November 19, 2015, in water and sewer rate cases filed by Ozark International, Inc. The local public hearing schedule appears below.

November 19—Forsyth.  Auditorium, Forsyth High School, 178 Panther Street.  A PSC staff public information/question and answer session starts at 11:30 a.m. with the Commission receiving testimony from the public beginning at 12:30 p.m.

November 19—Ozark.  Municipal Court Room, 203-B East Brick Street.  A PSC staff public information/question and answer session starts at 5:30 p.m. with the Commission receiving testimony from the public beginning at 6:30 p.m. 

These local public hearings will be held in facilities that meet the accessibility requirements of the Americans with Disabilities Act. Any person who needs additional accommodations to participate in these hearings should call the Public Service Commission’s hotline at 1-800-392-4211 (voice) or Relay Missouri at 711 before the hearings.

On February 9, 2015, Ozark International, Inc. filed rate cases with the Missouri Public Service Commission on behalf of six of its water companies (Bilyeu Ridge Water Company, LLC, Midland Water Company, Inc., Moore Bend Water Utility, LLC, Riverfork Water Company, Taney County Water, LLC and Valley Woods Utility, LLC) and one of its sewer companies (Valley Woods Utility, LLC).

Valley Woods Utility, LLC serves approximately 42 water customers and 39 sewer customers in Christian County near Spokane, Missouri. The Riverfork Water Company serves approximately 143 water customers in Stone County near Nixa, Missouri. The Bilyeu Ridge Water Company serves approximately 55 water customers in Christian County near Spokane, Missouri. Taney County Water, LLC serves approximately 458 water customers in Taney County near Rockaway Beach and Kissee Mills, Missouri. Moore Bend Water Utility, LLC serves approximately 86 water customers in Taney County near Cedarcreek, Missouri. Midland Water Company, Inc. serves approximately 94 water customers in Christian County near Billings, Missouri.

Under the small rate case process, the PSC Staff audits the books and records of each company. After the audit, the PSC Staff shares its audit review as well as its initial recommendation for resolution of the rate request to the Office of the Public Counsel and Ozark International, Inc. Based upon discussions between the PSC Staff, the Office of the Public Counsel and the company, the PSC Staff and the company have reached an agreement in each of the rate cases. The rate request as filed on February 9, 2015 and the agreed to rate adjustment for each company appears below

Company                                            Rate Request                     Proposed Agreement*

Bilyeu Ridge Water Company               $5,000 (W)                                 $7,716 (W)

Taney County Water, LLC                    $60,000 (W)                              $24,414 (W)

Riverfork Water Company                    $ 5,400 (W)                               $5,481 (W)

Moore Bend Water Utility, LLC                $22,000 (W)                         $21,882 (W)

Midland Water Company, Inc.                  $ 9,000 (W)                          $      482 (W)

Valley Woods Utility, LLC                       $ 6,600 (W)                           $          0 (W)

Valley Woods Utility, LLC                       $ 3,900 (S)                             ($8,602) (S)

(W)-Water        (S)-Sewer

*-Proposed agreement between the PSC Staff and Ozark International, Inc. 

The impact of the proposed agreement on the monthly bill of a residential customer in each of the company service areas appears below.

Company                                    Usage                        Current Rate                                               Proposed Rate Under The Agreement*

Water

Bilyeu Ridge Water Company      6,000 gallons                  $25.90                                                                    $38.58

Taney County Water, LLC           6,000 gallons                  $40.17                                                                    $46.33

Riverfork Water Company            5,200 gallons                $28.80                                                                     $32.38

Moore Bend Water Utility, LLC   1,000 gallons                 $13.87                                                                     $38.44

Midland Water Company, Inc.      6,000 gallons                $37.19                                                                     $37.75

Valley Woods Utility, LLC           5,000 gallons                $33.01                                                                      $33.10

Sewer

Valley Woods Utility, LLC                Flat                          $59.43                                                                      $42.16

*-Proposed agreement between the PSC Staff and Ozark International, Inc. 

Springfield man pleads guilty to child pornography charge

(From the U. S. Attorney for the Western District of Missouri)

A prior sex offender in Springfield, Mo., pleaded guilty in federal court today to receiving and distributing child pornography.

Gary Thomas Sheldon, 52, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a July 21, 2015, federal indictment.

By pleading guilty today, Sheldon admitted that he received and distributed child pornography over the Internet from Oct. 5, 2014, to July 15, 2015. Sheldon, a registered sex offender, was convicted in federal court of possessing child pornography in January 2001. As a result, Sheldon will be subject to a mandatory minimum sentence of 15 years in federal prison without parole.

According to court documents, law enforcement officers received a cybertip from the National Center for Missing and Exploited Children, which had received the tip from an adult pornography Web site where Sheldon had uploaded an image of child pornography. Law enforcement officers executed a search warrant at Sheldon’s residence on July 15, 2015. Sheldon’s desktop computer and cell phone were seized, and investigators discovered images of child pornography on both devices.

Under federal statutes, Sheldon is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 40 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Missouri State Highway Patrol and the Southwest Missouri Cybercrime Task Force.

Springfield police officer receives award for character and service

(From the U. S. Attorney for the Western District of Missouri)

Officer Kevin Holle of the Springfield, Mo., Police Department has received the 2015 Enoch B. Morelock Award.

 The Enoch B. Morelock Award is an annual recognition of outstanding moral character, service to law enforcement and service to the community. Holle was honored on Thursday, Aug. 13, 2015, during the 13th Annual LECC Training Seminar in Springfield. The prestigious law enforcement award, presented annually by the U.S. Attorney’s Office Law Enforcement Coordinating Committee, is named in honor of Sullivan County Sheriff Enoch B. Morelock, who was the first recorded line of duty death in the Western District of Missouri on Dec. 19, 1847.

 Today’s police officer must be able to do more than write tickets or answer calls. Being a police officer requires being involved in your community. That is what Holle exhibits on a daily basis. He is a well-respected member of the department and the community.

Holle has been with the Springfield Police Department for 20 years after coming from a smaller, rural department. He was  named “Instructor of the Year” for Career Colleges and Schools for his excellent instruction and time spent with his students in and out of the classroom.

 Holle served more than 20 years in the U.S. Army and the National Guard. He earned a bronze star, the combat infantry badge, two meritorious service medals and an Army commendation medal. Holle regularly gives of his free time by serving as a youth sponsor for seventh and eighth grade youth at his church. He recently returned from a trip to Haiti, where he delivered old uniforms from his agency to assist police and security officers who might not otherwise have uniforms.  He also delivered other items to children in need, and assisted contractors in building homes and other buildings in the villages.

 Enoch B. Morelock Award

 Sullivan County Sheriff Enoch B. Morelock was the first recorded line of duty death in the Western District of Missouri on Dec. 19, 1847, in Sullivan County. Sheriff Morelock was shot and killed during a court‑ordered sale of the accused=s property. The accused killer, Patrick McIntry, was charged with 1stDegree Murder but was later acquitted. Within a year Mr. McIntry was found shot to death on the banks of a local river.

 The annual Enoch B. Morelock Award recognizes individuals with outstanding moral character, service to law enforcement and to the community outside of law enforcement. Recipients may include officers from local police departments, sheriffs= offices, state agencies, or federal agencies as well as investigators from prosecutors= offices.

Colorado man injured after being ejected from boat on Table Rock Lake

A Colorado mas was injured in a boating accident 4:20 p.m. Thursday on Table Rock Lake Point 16, two miles north of Lampe.

According to the Highway Patrol report, Michael J. Durbin, 59, Evergreen, Colorado, driving a 2014 Yamaha Waverunner, struck a wake and was ejected.

Durbin was treated for moderate injuries at Mercy Hospital, Springfield.

Ozark man pleads guilty to $585,000 tax fraud

(From the U. S. Attorney for the Western District of Missouri)

An Ozark, Mo., man pleaded guilty in federal court today to his role in a conspiracy to avoid paying $585,000 he owed in federal taxes.

Wesley Vernon Delport, 69, of Ozark, Mo., pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to defraud the United States by impeding the lawful government functions of the Internal Revenue Service in the ascertainment, computation, assessment, and collection of federal taxes.

Delport was the owner of Abundant Health & Wellness, a business described as a holistic health clinic, located in Springfield. Between Jan. 1, 2004, and Dec. 31, 2013, Delport received a total of approximately $4.7 million in gross receipts for Abundant Health & Wellness, which he did not report to the IRS as required by law and upon which he did not pay taxes.

Delport conspired with co-defendant Alton Louis Vaughn, Sr., 58, of Greene County, in an attempt to avoid paying taxes on approximately $4.7 million in business receipts. Vaughn, who is self-employed, derived a portion of his income from assisting in the preparation of federal income tax returns, advising taxpayers regarding their dealings with the IRS, and representing others in their dealings with the IRS. Vaughn has pleaded guilty to participating with Delport in the conspiracy.

In order to avoid paying taxes on his income, Delport purported to create an entity called The Shammah Foundation in the state of Washington on May 7, 2001. Delport described the purpose of The Shammah Foundation as “to do whatever will promote the Kingdom Of God, All Righteousness and the principles of Liberty and Justice.” Delport transferred a total of approximately $382,000 over a four-year period from Abundant Health & Wellness accounts to a bank account he controlled, held in the name The Shammah Foundation. Delport used The Shammah Foundation bank account to pay his personal expenses, without reporting those funds used for his personal expenses to the IRS as income, or paying any taxes.

Delport admitted that, on several occasions, he submitted documents to the IRS consisting of lengthy and frivolous arguments in order to impede and delay an IRS examination of his tax liability. Delport also admitted that he attempted to place his funds and assets beyond the reach of IRS collection efforts.

To impede a criminal investigation of Delport, Vaughn and Delport falsely reported to the Treasury Inspector General for Tax Administration that an IRS Revenue Officer and an IRS criminal investigator had coerced, intimidated and threatened Delport.

Delport and Vaughn also attempted to impede a federal grand jury in its investigation of Delport by refusing to comply with federal grand jury subpoenas for tax and business records, by sending correspondence to the U.S. Attorney’s Office falsely stating that an IRS Revenue Officer had personally seized and collected all of Delport’s original income documents for the years 2003 through 2009, and by Vaughn falsely testifying before the grand jury.

Delport and Vaughn admitted that they also attempted to impede a federal grand jury in its investigation by counseling an employee of Abundant Health & Wellness to refuse to testify before the grand jury, and by providing her with a written statement (which contained an inaccurate statement of the law) to read to the grand jury in lieu of complying with her legal obligation to testify.

Under the terms of today’s plea agreement, Delport must pay the government approximately $585,710 in restitution, which is the amount of taxes he attempted to avoid.

Under federal statutes, Delport and Vaugh are each subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation and the Treasury Inspector General for Tax Administration.

Springfield men plead guilty to stealing guns from pawn shop

(From the U. S. Attorney for the Western District of Missouri)

Two Springfield, Mo., men have pleaded guilty in federal court to stealing 23 firearms during a burglary at an Ozark, Mo., pawn shop.

Matthew James Oakley, 24, of Springfield, pleaded guilty today before U.S. District Judge M. Douglas Harpool to aiding and abetting in the theft of firearms from a licensed firearm dealer. Co-defendant Corey Lee Downard, 33, of Springfield, pleaded guilty to the same charge on Tuesday, Aug. 4, 2015.

Co-defendants Daryl Bradley Maples, 28, of Springfield, and Michael Cameron Heston, 26, of Republic, Mo., have pleaded guilty to the same charge. Maples was sentenced on April 16, 2015, to six years in federal prison without parole. The court also ordered Maples to pay $5,900 in restitution.

Oakley, Downard, Maples and Heston each admitted that they broke into Sutton Gun and Pawn, 3994 N. 20th St., Ozark, at 2:16 a.m. on Dec. 21, 2012. Maples admitted that he smashed out the glass from the front door. Then he, Maples and Downard went inside and took firearms from the display cases. Oakley admitted that he was the getaway driver during the robbery.

They stole 23 firearms and various amounts of ammunition. After the burglary, Oakley sped off with Maples, Heston and Downard to Maples’ residence, where they divided the spoils of the burglary and set up plans to exchange or barter the stolen firearms for cash or drugs. It was Oakley’s understanding that he would receive money from the sale of the guns for his role as the getaway driver.

When Maples was arrested on Dec. 26, 2012, he had in his possession two of the firearms that were stolen in the pawn shop burglary, an F.N. 9mm pistol and a Colt .38-caliber revolver, as well as assorted ammunition.

Under federal statutes, Oakley, Downard and Heston are each subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ozark, Mo., Police Department and the Springfield, Mo., Police Department.

Six Springfield residents indicted for heroin conspiracy

(From the U. S. Attorney for the Western District of Missouri)

Six Springfield, Mo., residents are among seven defendants indicted for their roles in a heroin trafficking conspiracy.

Deauntee Q. Mosby, 21, of Oak Lawn, Ill., and Donald D. Johnson, 26, Dionne T. Ackerley, 37, Joseph M. Roat, 24, Joshua C. Leamon, 24, Zachary H. Vankirk, 27, and Arash J. Karimian, 34, all of Springfield, were charged in a 13-count indictment returned under seal by a federal grand jury in Springfield on July 22, 2015. That indictment has been unsealed and made public following the arrests and initial court appearances of several defendants.

The federal indictment alleges that each of the defendants participated in a conspiracy to distribute 100 grams or more of heroin in Greene County, Mo., between May 29, 2013, and Feb. 12, 2015.

In addition to the conspiracy, Johnson is charged with two counts of distributing heroin and one count of being a felon in possession of a firearm. Johnson allegedly was in possession of a Bushmaster Firearms .223-caliber semi-automatic rifle in May 2014.

Ackerley is also charged with possessing heroin with the intent to distribute and with being a drug addict in possession of firearms. Ackerley allegedly was in possession of a Glock 9mm semi-automatic pistol and a Smith and Wesson revolver on May 29, 2013.

Roat is also charged with two counts of distributing heroin. Roat and Karimian are also charged together in one count of possessing heroin with the intent to distribute. Mosby, Vankirk and Leamon are each also charged with one count of distributing heroin and Mosby is also charged with one count of possessing heroin with the intent to distribute.
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This case is being prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Highway Patrol and the Springfield, Mo., Police Department.

Arkansas man pleads guilty in bank fraud conspiracy case

(From the U. S. Attorney for the Western District of Missouri)

Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Crawford, Ark., man pleaded guilty in federal court today to leading a bank fraud conspiracy that used stolen mail and fake identifications to cash nearly $160,000 in fraudulent checks in Webster County, Mo., and elsewhere.

Phillip Daren Shockey, 49, of Crawford, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in an Aug. 27, 2014, federal indictment. Under the terms of today’s plea agreement, Shockey must pay a money judgment of $159,842, which represents the proceeds of the conspiracy and for which he is jointly and severally liable to pay with co-defendants.