Free Notice (Other) - District Court of Colorado - Colorado

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U.S. D l S i R l C T C O U R T IN THE UNITED STATES DISTRICT CO~BIISTRICT C : ? L O R A D o OF

FILED

FOR THE DISTRICT OF COLORADO

2000HOV -2 PH 1: 33

UNITED STATES OF AMERICA,

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE , ROBERT VERBICKAS, BRENT GALL, and JAMES BOND
Defendants.

INDICTMENT
18 U.S.C.
§§

241, 242, and 2
1

COmT

The Grand Jury for th.e District of Colorado charges that: Iritroduction 1. At all times relevant to this indictment: a. The United States Penitentiary, Florence, Colorado

("USP-Florence") was a facility operated and controlled by the United States Bureau of Prisons, which is responsible for the custody, control, care, and safety of inmates who have been sentenced to imprisonment for Federal crimes; b. Defendants MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO,

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DAVID PRUYNE,

ROBERT V E R B I C K A S ,

BRENT GALL,

and JAMES

BOND,

were c o r r e c t i o n a l o f f i c e r s employed a t USP-

F l o r e n c e a n d were r e s p o n s i b l e f o r t h e c u s t o d y , c a r e , and s a f e t y of t h e i n m a t e s a t USP-Florence.
2.

On o r a b o u t J a n u a r y , 1 9 9 5 a n d c o n t i n u i n g u n t i l on o r

a b o u t J u l y , 1997, D e f e n d a n t s ,
M I K E LAVALLEE, ROD SCHULTZ,

KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, and
JAMES BOND,

a l o n g w i t h o t h e r p e r s o n s known a n d unknown t o t h e g r a n d j u r y , w h i l e a c t i n g under c o l o r of t h e laws of t h e United S t a t e s , d i d w i l l f u l l y combine, c o n s p i r e , a n d a g r e e w i t h one a n o t h e r a n d w i t h o t h e r s t o i n j u r e , oppress, t h r e a t e n , and i n t i m i d a t e inmates a t t h e United S t a t e s P e n i t e n t i a r y , Florence, Colorado i n t h e f r e e e x e r c i s e and enjoyment of t h e r i g h t s and p r i v i l e g e s s e c u r e d t o them by t h e C o n s t i t u t i o n a n d t h e l a w s o f t h e U n i t e d S t a t e s , namely t h e r i g h t n o t t o b e s u b j e c t e d t o c r u e l and u n u s u a l punishment.

Manner, Means, a n d O b i e c t o f t h e Conswiracv 3.

I t was t h e o b j e c t o f t h e c o n s p i r a c y t o u n j u s t i f i a b l y

s t r i k e , k i c k , a s s a u l t , i n j u r e , and p h y s i c a l l y punish r e s t r a i n e d o r c o m p l i a n t i n m a t e s a t t h e USP-Florence.

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4. It was further part of the conspiracy to falsely justify

uses of force against inmates by falsifying Bureau of Prison Memoranda, fabricating injuries to co-conspirators, and fabricating allegations of inmate misconduct. 5. It was further part of the conspiracy to threaten

officers to secure their silence.
6.

It was further part of the conspiracy to perpetuate an

environment within the USP-Florence allowing unlawful beatings and assaults against inmates to continue indefinitely and with impunity. Overt Acts

7.

In furtherance of the aforesaid conspiracy and to

accomplish its objectives, the following overt acts, among others, were committed within the State and District of Colorado: a. In or about Spring 1995, defendant MIKE LAVALLEE informed correctional officer David Armstrong and other correctional officers that these officers had the "green light" from a prison authority to "take care of business. " In or about Spring 1995, defendant KEN SHATTO told correctional officer David Armstrong that he had entered inmates' cells and struck and beat them. During Summer 1995, defendant MIKE LAVALLEE demonstrated to a correctional officer a means of punishing inmates by slamming them to the ground while the inmate was handcuffed. During Summer 1995, defendant MIKE LAVALLEE encouraged a correctional officer to conceal future beatings of inmates by falsely claiming in Bureau of Prisons Memoranda that the inmate was pulling away during an escort.

b.

c.

d.

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4. It was further part of the conspiracy to falsely justify

uses of force against inmates by falsifying Bureau of Prison Memoranda, fabricating injuries to co-conspirators, and fabricating allegations of inmate misconduct. 5. It was further part of the conspiracy to threaten

officers to secure their silence.
6.

It was further part of the conspiracy to perpetuate an

environment within the USP-Florence allowing unlawful beatings and assaults against inmates to continue indefinitely and with impunity. Overt Acts
7.

In furtherance of the aforesaid conspiracy and to

accomplish its objectives, the following overt acts, among others, were committed within the State and District of Colorado: a. In or about Spring 1995, defendant MIKE LAVALLEE informed correctional officer David Armstrong and other correctional officers that these officers had the "green light" from prison authorities to "take care of business." In or about Spring 1995, defendant KEN SHATTO told correctional officer David Armstrong that he had entered inmates' cells and struck and beat them. During Summer 1995, defendant MIKE LAVALLEE demonstrated to a correctional officer a means of punishing inmates by slamming them to the ground while the inmate was handcuffed. During Summer 1995, defendant MIKE LAVALLEE encouraged a correctional officer to conceal future beatings of inmates by falsely claiming in Bureau of Prisons Memoranda that the inmate was pulling away during an escort.

b.

c.

d.

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In or about Fall 1995, defendant MIKE LAVALLEE and correctional officer David Armstrong entered the cell of an unidentified inmate and repeatedly struck and beat him. On or about November 11, 1995, defendant MIKE LAVALLEE announced to CO-CONSPIRATORS that they needed to teach inmate James Harris a lesson, or words to that effect. On or about November 11, 1995, soon after the comments described in Overt Act "f" above, defendant MIKE LAVALLEE, assaulted inmate James Harris by kneeing him in the back and kidneys and striking him while Harris was on the ground handcuffed. On or about November 11, 1995, defendant MIKE LAVALLEE gave a fabricated Bureau of Prisons Mergranda to a correctional officer who witnessed the assault on inmate James Harris and instructed the officer to sign the Memoranda and submit it as true. On or about December 1, 1995, defendant MIKE LAVALLEE slammed inmate George Herrera's head against a wall several times while Herrera was handcuffed. In or about 1995, defendant MIKE LAVALLEE and other COCONSPIRATORS regularly bragged amongst themselves while drinking at bars about the beatings they had administered to inmates. In or about 1995 and 1996, defendant KEN SHATTO told correctional officer David Armstrong that he injured himself in order to falsely claim that the injury was caused by an unidentified inmate which required a use of force against the unidentified inmate. In or about January 1996, defendants MIKE LAVALLEE, ROD SCHULTZ, and other CO-CONSPIRATORS repeatedly struck inmate Ronnie Beverly in the body while Beverly was on the ground, handcuffed. In or about January 1996, defendant MIKE LAVALLEE ordered correctional officer Charlotte Gutierrez, who had not yet joined the conspiracy, to leave the cell in which inmate Ronnie Beverly was being beaten in order to maintain the secrecy of the conspiracy. In or about January 1996, defendant ROD SCHULTZ explained to Charlotte Gutierrez that the members of the conspiracy had to be careful about who was watching

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them during their assaults on inmates. In or about January 1996, defendant MIKE LAVALLEE, and other CO-CONSPIRATORS struck and beat inmate Stanford Hadley while Hadley was face down on the ground. On or about March 9, 1996, defendants MIKE LAVALLEE and DAVID PRUYNE placed a burnt piece of paper into a locked cell of inmates Ronald Jones and Kerry Love to fabricate justification to spray the inmates with fire retardant powder. On or about March 9, 1996, defendants DAVID PRUYNE and MIKE LAVALLEE fabricated Bureau of Prisons Memoranda falsely claiming that inmates had set the fire that defendant DAVID PRUYNE had in fact set. On or about March 12, 1996, defendant ROD SCHULTZ slammed inmate Craig Hron into a wall face first while Hron was handcuffed. On or about March 12, 1996, defendant ROD SCHULTZ fabricated Bureau of Prisons Memoranda to falsely claim that inmate Hron had pulled away from himduring an escort causing injury to SCHULTZ. On or about March 12, 1996, defendant ROD SCHULTZ told correctional office David Armstrong that he injured himself to falsely claim that the injury was caused by inmate Hron requiring the use of force against inmate Hron. On or about March 19, 1996, defendant ROBERT VERBICKAS dropped inmate Howard Lane face first on to the floor while Lane was handcuffed behind his back and Charlotte Gutierrez kicked inmate Lane in the ribs while he was handcuffed on the floor. On or about March 19, 1996, defendant ROBERT VERBICKAS encouraged correctional officer Charlotte Gutierrez to injure herself to falsely claim that the injury resulted from misconduct by inmate Lane requiring the use of force against inmate Lane. On or about March 19, 1996, defendant ROBERT VERBICKAS, correctional officer Charlotte Gutierrez, and an unnamed correctional officer fabricated Bureau of Prisons Memoranda to falsely claim that the injury to Charlotte Gutierrez was caused by inmate Howard Lane and that inmate Lane's injuries were causedby inmate

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Lane throwing himself against objects in his cell. On or about March 21, 1996, defendants KEN SHATTO and BRENT GALL repeatedly struck and beat inmate Felton Wiggins while Wiggins was handcuffed. In or about early 1996, defendant DAVID PRUYNE struck and beat inmate Reginald McCoy after correctional officer Charlotte Gutierrez kicked inmate McCoy in the testicles. In or about Spring 1996, defendant DAVID PRUYNE, assisted by an unnamed CO-CONSPIRATOR, repeatedly struck and beat an unidentified handcuffed inmate, while the unnamed CO-CONSPIRATOR confronted an unexpected correctional officer witness to the beating by questioning whether that witness had a problem with the beating. aa. On or about May 11, 1996, defendant DAVID PRUYNE and correctional officer David Armstrong repeatedly struck and beat inmate Kevin Gilbeaux. On or about May 20, 1996, defendant ROBERT VERBICKAS and correctional officer David Armstrong repeatedly struck and beat inmate Keith Overstreet while inmate Overstreet was handcuffed. On or about May 20, 1996, defendant ROBERT VERBICKAS slammed inmate Keith Overstreet to the ground while inmate Overstreet was. handcuffed during an escort to the Special Housing Unit. On or about May 20, 1996, defendant ROBERT VERBICKAS and correctional officer David Armstrong fabricated Bureau of Prison Memoranda to falsely claim that inmate Overstreet pulled away from ROBERT VERBICKAS during the escort.
On or about August 8, 1996, defendant ROD SCHULTZ told defendants MIKE LAVALLEE and JAMES BOND, and correctional officer David Armstrong that they should retaliate against inmate William Turner for his repeated requests to be sent to the Administrative

bb.

CC.

dd.

ee.

Maximum Prison facility.
ff. On or about August 8, 1996, defendant ROD SCHULTZ sharpened the end of a plastic toothbrush and scraped his arm with it to cause injury to himself shortly after the comments he made described in Overt Act "ee"

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above. On or about August 8, 1996, defendants ROD SCHULTZ, MIKE LAVALLEE and JAMES BOND and correctional officer David Armstrong repeatedly struck and beat William Turner while Turner was in his cell shortly after the conduct described in Overt Act "ee" above. hh. On or about August 8, 1996, defendants ROD SCHULTZ, MIKE LAVALLEE, and JAMES BOND, and correctional officer David Armstrong fabricated Bureau of Prison Memoranda to falsely claim that injuries to ROD SCHULTZ and MIKE LAVALLEE were caused by inmate William Turner which required the use of force against inmate Turner. On or about September 7, 1996, defendant ROD SCHULTZ held Stephen McClay from behind while an unnamed correctional officer struck inmate Stephen McClay while McClay was handcuffed. On or about September 7, 1996, defendant ROD SCHULTZ and correctional officer Charlotte Gutierrez fabricated Bureau of Prisons Memoranda to claim that inmate McClay threw himself against objects in his cell, thereby injuring himself. kk. 11. In or about 1996, defendant MIKE LAVALLEE repeatedly struck and beat an unidentified, handcuffed inmate. In or about 1996, defendant DAVID PRUYNE acted as lookout for correctional officer David Armstrong while Armstrong repeatedly struck and beat an unidentified inmate. In or about 1996, defendants ROD SCHULTZ and DAVID PRUYNE assisted correctional officer Charlotte Gutierrez in removing inmate Jamar Phenis from his cell for the purpose of assaulting him. nn. In or about 1996, defendants ROD SCHULTZ and DAVID PRUYNE assisted correctional officer Charlotte Gutierrez as she repeatedly squeezed the testicles of inmate Jamar Phenis while he was handcuffed. In or about 1996, defendant ROD SCHULTZ instructed correctional officer Charlotte Gutierrez on methods of beating an inmate which would not leave any marks or bruises on the inmate's body. In or about Summer 1996, defendant DAVID PRUYNE choked

ii.

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an unidentified, handcuffed inmate until the inmate's eyes began to bulge. On several occasions during the scope of the conspiracy defendants ROD SCHULTZ, MIKE LAVALLEE, and other COCONSPIRATORS concealed urine or feces in the food trays of.inmates for the purpose of having the inmates consume the urine or feces. rr. In or about 1996 and 1997, defendants MIKE LAVALLEE, ROD SCHULTZ, and other CO-CONSPIRATORS, told correctional officer Charlotte Gutierrez which correctional officers could and could not be trusted with knowledge of the conspiracy. In or about Spring 1997, defendant JAMES BOND saw correctional officer Jake Geiger strike and beat inmate Jose Perez-Amadour and failed to report the beating to USP-Florence or other federal authorities. In or about January 1997, defendants KEN SHATTO and ROBERT VERBICKAS gave cigarettes to inmates to secure their silence and not report that correctional officer Jake Geiger repeatedly struck and beat inmate Christopher Rawls. On or about June 11, 1997, defendants MIKE LAVALLEE and ROBERT VERBICKAS stomped and kicked inmate Ellis Lard while he was on the ground handcuffed and shackled. On or about June 11, 1997, defendant ROBERT VERBICKAS encouraged a correctional officer who witnessed the beating of inmate Lard to conceal knowledge of the beating from investigating authorities. In or about Summer 1997, defendant ROBERT VERBICKAS threatened to harm a correctional officer who witnessed and reported abuse to inmate Lard. In or about 1997, ROBERT VERBICKAS threatened a correctional officer who criticized the assaults on inmates by members of the conspiracy by stating that we might be slow to respond to your next body alarm, or words to that effect, implying that members of the conspiracy would not aid the correctional officer in the event he was attacked by an inmate. On several occasions during the scope of the conspiracy, defendants ROD SCHULTZ and MIKE LAVALLEE, instructed correctional officers to "lie till you die"

SS.

tt.

uu.

vv.

WW.

XX.

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about the abuses committed against inmates.
zz.

On several occasions during the scope of the conspiracy ROD SCHULTZ, MIKE LAVALLEE, and other CO-CONSPIRATORS, instructed each other that "what starts in segregation, stays in segregation" as a way of reinforcing the agreement amongst themselves to lie to investigating officials regarding assaults against inmates.

In violation of Title 18, United States Code, Section 241. COUNT I1 The Grand Jury for the District 8. Colorado charges that:

On or about November 11, 1995, in Florence, Colorado,

within the District of Colorado, defendants
MIKE LAVALLEE

and
ROD SCHULTZ,

then employees of the United States Bureau of Prisons, while acting under color of the laws of the United States of America, aiding and abetting each other, did strike, choke, kick, and beat Christopher Harris, an inmate at the United States Penitentiary, Florence, Colorado, while Christopher Harris was handcuffed, resulting in bodily injury to Christopher Harris, and did thereby willfully deprive Christopher Harris of a right secured and protected by the Constitution and laws of the United States, namely the right not punishment. In violation of Title 18, United States Code, Sections 242 and 2. subjected cruel and unusual

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COUNT I11

The Grand J u r y f o r t h e D i s t r i c t o f C o l o r a d o c h a r g e s t h a t : 9. On o r a b o u t March 1 9 , 1996 i n F l o r e n c e , C o l o r a d o ,

w i t h i n t h e District of Colorado, defendant
ROBERT VERBICKAS ,

t h e n a n employee o f t h e U n i t e d S t a t e s Bureau o f P r i s o n s , w h i l e a c t i n g u n d e r c o l o r o f t h e laws o f t h e U n i t e d ~ t a f t s f A m e r i c a , o a i d i n g a n d a b e t t i n g a c o r r e c t i o n a l o f f i c e r known t o t h e Grand J u r y , d i d s t r i k e , c h o k e , k i c k , a n d b e a t Howard Lane, a n i n m a t e a t t h e United S t a t e s P e n i t e n t i a r y , F l o r e n c e C o l o r a d o , w h i l e Howard

Lane was h a n d c u f f e d , r e s u l t i n g i n b o d i l y i n j u r y t o Howard Lane, a n d d i d t h e r e b y w i l l f u l l y d e p r i v e Howard Lane o f a r i g h t s e c u r e d and p r o t e c t e d by t h e C o n s t i t u t i o n and laws of t h e U n i t e d S t a t e s , namely t h e r i g h t n o t t o b e s u b j e c t e d t o c r u e l a n d u n u s u a l punishment. I n v i o l a t i o n o f T i t l e 1 8 , U n i t e d S t a t e s Code, S e c t i o n s 2 4 2 and 2 .
COUNT I V

The Grand J u r y f o r t h e D i s t r i c t o f C o l o r a d o c h a r g e s t h a t : 10. On o r a b o u t March 2 1 , 1 9 9 6 , i n F l o r e n c e , C o l o r a d o ,

w i t h i n t h e District o f C o l o r a d o , d e f e n d a n t s
KEN SHATTO

and
BRENT GALL,

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then employees of the United States Bureau of Prisons, while acting under color of the laws of the United States of America, aiding and abetting each other, did strike, choke, kick, and beat Felton Wiggins, an inmate at the United States Penitentiary, Florence, Colorado, while Felton Wiggins was handcuffed, resulting in bodily injury to Felton Wiggins, and did thereby willfully deprive Felton Wiggins of a right secured and protected by the Constitution and laws of the United States, namely the right not to be subjected to cruel and unusual punishment. In violation of Title 18, United States Code, Sections 242 and 2.
COUNT

v

The Grand Jury for the District of Colorado charges that: 11. On or about May 11, 1996, in Florence, Colorado, within

the District of Colorado, defendant DAVID PRUYNE , then an employee of the United States Bureau of Prisons, while acting under color of the laws of the United States of America, aiding and abetting a correctional officer known to the Grand Jury, did strike, choke, kick, and beat Kevin Gilbeaux, an inmate at the United States Penitentiary, Florence, Colorado, resulting in bodily injury to Kevin Gilbeaux, and did thereby willfully deprive Kevin Gilbeaux of a right secured and protected by the Constitution and laws of the United States, namely the right not to be subjected to cruel and unusual punishment.

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I n v i o l a t i o n o f T i t l e 1 8 , U n i t e d S t a t e s Code, S e c t i o n s 2 4 2 and 2 .
COUNT VI

The Grand J u r y f o r t h e D i s t r i c t o f C o l o r a d o c h a r g e s t h a t : 1 2 . On o r a b o u t May 2 0 , 1 9 9 6 i n F l o r e n c e , C o l o r a d o , w i t h i n t h e District of Colorado, defendant ROBERT VERBICXAS, t h e n a n employee o f t h e U n i t e d S t a t e s Bureau o f P r i s o n s , w h i l e a c t i n g u n d e r c o l o r o f t h e l a w s o f t h e U n i t e d S t a t e s o f America, a i d i n g a n d a b e t t i n g a c o r r e c t i o n a l o f f i c e r known t o t h e Grand J u r y , d i d s t r i k e , choke, kick, and b e a t Keith O v e r s t r e e t , a n inmate a t t h e United S t a t e s P e n i t e n t i a r y , Florence, Colorado, w h i l e K e i t h O v e r s t r e e t was h a n d c u f f e d , r e s u l t i n g i n b o d i l y i n j u r y t o Keith O v e r s t r e e t , and d i d thereby w i l l f u l l y d e p r i v e Keith O v e r s t r e e t o f a r i g h t s e c u r e d a n d p r o t e c t e d by t h e C o n s t i t u t i o n a n d laws o f t h e U n i t e d S t a t e s , namely t h e r i g h t n o t t o b e s u b j e c t e d t o c r u e l and unusual punishment. I n v i o l a t i o n o f T i t l e 1 8 , U n i t e d S t a t e s Code, S e c t i o n s 2 4 2 and 2 . COUNT V I I The Grand J u r y f o r t h e D i s t r i c t o f C o l o r a d o c h a r g e s t h a t :

13.

On o r a b o u t August 8 , 1996, i n F l o r e n c e , C o l o r a d o ,

w i t h i n t h e District o f C o l o r a d o , d e f e n d a n t s

MIKE LAVALLEE ,
ROD SCHULTZ, and

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JAMES BOND,

then employees of the United States Bureau of Prisons, while acting under color of the laws of the United States of America, aiding and abetting one another and a correctional officer known to the Grand Jury, did strike, choke, kick and beat William Turner, an inmate at the United States Penitentiary, resulting in bodily injury to William Turner, and did thereby willfully deprive William Turner of a right secured and protected by the Constitution and laws of the United States, namely the right not to be subjected to cruel and unusual punishment. In violation of Title 18, United States Code, Sections 242 and 2.
COUNT VIII

The Grand Jury for the District of Colorado charges that: 14. In or about Summer 1996, in Florence, Colorado, within

the District of Colorado, defendant

DAVID PRUYNE ,
then an employee of the United States Bureau of,Prisons, while acting under color of the laws of the United States of America, did strike, kick, choke, and beat an unidentified inmate at the United States Penitentiary, Florence, Colorado while the unidentified inmate was handcuffed, resulting in bodily injury to the unidentified inmate, and did thereby willfully deprive the unidentified inmate of a right secured and protected by the Constitution and laws of the United States, namely the right not

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to be subjected to cruel and unusual punishment. In violation of Title 18, United States Code, Sections 242 and 2. COUNT IX The Grand Jury for the District of Colorado charges that: 15. On or about June 11, 1997, in Florence, Colorado,

within the District of Colorado, defendants MIKE LAVALLEE and ROBERT VERBICKAS, then employees of the United States Bureau of Prisons, while acting under color of the laws of the United States of America, aiding and abetting each other, did strike, choke, kick, and beat Ellis Lard, an inmate at the United States Penitentiary, Florence, Colorado while Ellis Lard was handcuffed, resulting in bodily injury to Ellis Lard, and did thereby willfully deprive Ellis Lard of a right secured and protected by the Constitution and laws of the United States, namely the right not to be subjected to cruel and unusual punishment.
.

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I n v i o l a t i o n o f T i t l e 1 8 , U n i t e d S t a t e s Code, S e c t i o n s 2 4 2 a n d

A TRUE B I L L :

Foreperson

THOMAS L . STRICKLAND United S t a t e s Attorney

By:

%ah 2

R o b e r t E . biddans Assistant ~?fited t a t e s Attorney S

%

~

BILL LANN LEE A s s i s t a n t Attorney General C i v i l Rights Division

C i v i l Rights Division U.S. Deuartment o f J u s t i c e By:

/d && d

R i c h a r d McNally fl T r i a l Attorney C i v i l Rights Division U.S. Department of J u s t i c e

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DATE:
DEFENDANT: ADDRESS: OFFENSE: Mike Lavallee

FILED U.S. E ! s r ? l C T C a u R T A D0

Count 1: 18 USC S 241 : Conspiracy Against Rights Counts 2,7-9: 18 USC $$ 242 and 2: Deprivation of Rights Under Color of Law Count 1 : NMT 10 years; NMT $ 250.000 fine, or both; Supervised Release up to 5 years; 0 Counts 2, 7-9: NMT 1 years; NMT $250.000 fine, or both; Supervised Release up to 5 years Richard Karr, Special Agent FBI

8Y

%I? !! .

CLK

PENALTY:

AGENT:

AUTHORIZED BY: Mark Blumberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less

X

over five days other

THE GOVERNMENT will seek detention in this case

X

will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

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U.S. C I q T R I C T COURT

FILED

DATE:
DEFENDANT: ADDRESS: Rod Schultz

~ T P I - 7- [:$,%$.,82ADO ovem%er 2000 HOY 2 P?! 1 : 3 3

-

JAHES X . ?.il,!S?ECKER
CLERK
9Y

OFFENSE:

Count 1: 18 USC 9 241: Conspiracy Against Rights Counts 2,7,9: 18 USC $9 242 and 2: Deprivation of Rights Under Color of Law 10 years; NMT $ 250.000 fine, or both; Count 1: NMT Supervised Release up to 5 years; Counts 2, 7,9: NMT 1 years; NMT $ 250,000 fine, or both; 0 Supervised Release up to 5 years Richard Karr, Special Agent FBI

OE?. CLK

PENALTY:

AGENT:

AUTHOEUZED BY: Mark Blurnberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less

X

over five days other

THE GOVERNMENT will seek detention in this case

X

will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

00-CR-

481)

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DATE:
DEFENDANT: ADDRESS: OFFENSE: David Pruyne

U.S. C I S T ? I C T C O U R T WT%kTeef 2 9 0 i 9A D O ,1B3

FILED

Count 1: 18 USC 5 24 1: Conspiracy Against Rights3* Counts 5,9: 18 USC $5 242 and 2: Deprivation of Rights Under Color of Law Count 1: NMT 10 years; NMT $ 250,000 fine, or both; Supervised Release up to 5 years; 0 Counts 5,9: NMT 1 years; NMT $ 250,000 fine, or both; Supervised Release up to 5 years kchard Karr, Special Agent FBI

3EP. CLK

PENALTY:

AGENT:

AUTHORIZED BY: Mark Blumberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less X over five days other THE GOVERNMENT will seek detention in this case X will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one

00-CR-

481p

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 20 of 31

DATE:
DEFENDANT: ADDRESS: OFFENSE: Ken Shatto

~$sirr&er$r%96,

US

IST'I

FILED
' -

OURT 3 A 0o

ZOO0 HGY - 2 PH I: 3 3
J A H E S 2 . i-i:!.iSPEAKER

CLEA : ,

DEP. CLK Count 1: 18 USC 5 241 : Conspiracy Against Rights Counts 4,9: 18 USC $5 242 and 2: Deprivation of Rights Under Color of Law

PENALTY:

Count 1: NMT 10 years; NXlT $ 250,000 fine, or both; Supervised Release up to 5 years; Counts 4,9: NMT 1 years; NMT $250.000 fine, or both; 0 Supervised Release up to 5 years Richard Karr, Special Agent FBI

AGENT:

AUTHORIZED BY: Mark Blumberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less

X

over five days other

THE GOVERNMENT will seek detention in this case

X

will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 21 of 31

DATE
DEFENDANT: ADDRESS: OFFENSE: Robert Verbickas

NoQ&&&:Z

U.S. C I S T R I C T 2 3 ~ 3 ~ iijba:: 2 A DO rr

FILED

JAHES 2 . ~ : : . ; J ~ ? ~ A K E R
CLEZK

Count 1: 18 USC § 241 : Conspiracy Against Rights .PED-" Counts 3,6, 8,9: 18 USC §§ 242 and 2: Deprivation of Rights Under Color of Law Count 1: NMT 10 years; NMT $ 250,000 fine, or both; Supervised Release up to 5 years; Counts 3, 6, 8,9: NMT years; NMT $250.000 fine, or both; Supervised Release up to 5 years Richard Karr, Special Agent FBI

CLX

PENALTY:

AGENT:

ACTTHORIZED BY: Mark Blumberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less

X

over five days

-other
THE GOVERNMENT

-will seek detention in this case
X
will not seek detention in this case The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

00-CRm 4 8 1

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 22 of 31

FILED

DEFENDANT: ADDRESS: OFFENSE:

Brent Gall

DE?. Count 1: 18 USC 5 24 1: Conspiracy Against h g h t s B Y Count 4: 18 USC $5 242 and 2: Deprivation of Rights Under Color of Law

CLK

PENALTY:

10 years; NMT $ 250,000 fine, or both; Count 1: NMT Supervised Release up to 5 years; 0 Count 4: NMT 1 years; NMT $250,000 fine, or both; Supervised Release up to 5 years Richard Karr, Special Agent FBI

AGENT:

AUTHORIZED BY: Mark Blumberg, Trial Attorney, Civil h g h t s Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less X over five days other THE GOVERNMENT will seek detention in this case X will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 23 of 31

DATE:
DEFENDANT: ADDRESS: OFFENSE: James Bond

% h $ ? * r . ~

U.S. C 1 5 T R ! C T C O U R T embet-2, r P - edb6RaDo

FILED

JAHES 2 . H A N S T E A K E R
CLERK
3Y
DEP.

Count 1: 18 USC $ 241: Conspiracy Against Rights Count 7: 18 USC $8 242 and 2: Deprivation of Rights Under Color of Law 10 years; NMT $ 250.000 fine, or both; Count 1: NMT Supervised Release up to 5 years; 0 Count 7, 9: NMT 1 years; NMT S 250.000 fine, or both; Supervised Release up to 5 years Richard Karr, Special Agent FBI

CLK

PENALTY:

AGENT:

AUTHORIZED BY: Mark Blumberg, Trial Attorney, Civil Rights Division Richard McNally, Trial Attorney, Civil Rights Division Robert E. Mydans, Assistant U.S. Attorney ESTIMATED TIME OF TRIAL: five days or less X over five days other THE GOVERNMENT will seek detention in this case X will not seek detention in this case

The statutory presumption of detention is or is not applicable to this defendant. (Circle one)

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 24 of 31

Criminal Case No.

UNITED STATES OF AMERICA, Plaintiff, v. MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAiiES BOND, Defendants.

00 - CR , 4 8 1

IN THE UNITED STATES DISTRICT c&$$ FOR THE DISTRICT OF COLORADO

DISTRICT COURT IC;T i)? c ? ' - C ~ A D O

FILED

9

2000NOV - 2 PH 1: 34

J A H E S il, ?-?AMSPEAKER CLi2K
8Y

DEP. CLK

NOTICE OF RELATED CASE STATUS PURSUANT TO LOCAL RULE 40.1 (C)

COMES NOW, The United States of America, by United States Attorney Thomas L. Strickland, through Assistant U.S. Attorney Robert E. Mydans, pursuant to provisions of Rule
40.1 (C) of the Local Rules of Practice, hereby advises the Court and the Clerk of the Court that

the above-captioned case is related to United States v. David Armstrong, Criminal Case Number 99-CR-190-D, in that the criminal conduct is the same set of facts and witnesses. Respectfilly submitted, THOMAS L. STRICKLAND d n i t e d States Attorney

By: ROBERT E. Assistant United ~ t a t e u t t o r n e y

Case 1:00-cr-00481-WYD
A 0 83 (Rev 10185)

Document 1674-2

Filed 05/23/2006

Page 25 of 31

Summons in a Criminal Case

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SUMMONS IN A CRIMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

TO: Mike Lavallee

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

-

BEFORE:

Edward Sch,aner bl agistrate Jude@ INFORMATION COMPWNT 18 VIOLATION NOTICE

8.

Federal Courthouse 1929 Stout Street enver, Colorado

DATE AND TIME

11/16/00

1:30 p.m.

To answer a(n)

X INDICTMENT

PROBATION VIOLATION PETITION 241, 242

Charging you with a violation of Title

, United States Code, Section@)

Brief description of offense:

Lr-, ; i ~ i d ~ c - FOLLOWS: AS PRIOR TO A ~ P E ~ ~ :2- ; . A ,.',,e , Fbom C-191. U.S. *&rid Scr*ii.>:s 2 : 1( ' Q ! , , l Room C-326. U.S. Mxshel zt

- ,- - ,,-- /.:-.-

---.. -- --ny?,T

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

11 17,100
Date
Name and ~ i t l b Issuing Officer of

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 26 of 31

A 0 83 (Rev 10185)

Sumrnors in a Criminal Case

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SUMMONS IN A CRIMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHAlTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

DO-CR-

481D

TO: Robert Verbickas

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

-

Federal Courthouse 1929 Stout Street eqver, Colorado
*'

DATE AND TIME

BEFORE:

cdward Srhlaner Magistrate INFORMATION COMPLAINT 18 VIOLATION NOTICE

11/16/00

1:30 p.m.

To answer a(n)

X INDICTMENT

a PROBATION VIOLATION PETlTlON

Charging you with a violation of Title

, United States Code, Section(s)
;I . -

Brief description of offense:

. > . - . .- --- ,. , .-: -: 7 - -" . JXA AS FOLLOWS: PRIOR TO APTZ-I.:-.A-. -A'. L U.S. Pretrizl .lc:~;izz: c t Pmm C-191. U.S.M m h d ~i /6ly!,a m C-326. P

a,
.bb

-

241, 242

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

gxhis k M A ~ I S P E A X E ~
Signature Offlcer Date

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 27 of 31

A 0 83 (Rev 1Cl8.5)

Summons in a Criminal Case

-

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SUMMONS IN A CRIMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

OC-Cg-

481
dL !

TO: JAMES BOND

X YOU ARE HEREBY SUMMONED
time set forth below. PLACE Federal Courthouse 1929 Stout Street Denver, Colorado
BEFORE:

to appear before the United States District Court at the place, date, and

COURTROOM DATE AND TIME

C 202

0Edward Schlatter M~P--' 2

11/16/00

1:30 p.m.

To answer a(n)

X INDICTMENT

INFORMATlON

COMPLAINT 18

VIOLATION NOTICE

PROBATION VIOLATION PETITION 241. 242

Charging you with a violation of Title
.
..

, United States Code, Section(s)
. .

Brief description o f offense:

us

r C

.

. ..

.

.:

...,

.

. . L

.A

I .::+..--

i ~..r.-a -

.... .

g:w...7 .L
.

-

,

-. -.."

FXL'.VJS;

L :

YN

U.S. My.shd ct
Conspiracy Against Rights; Deprivation of Rights Under Color of Law

1.m

-,

~ ~ C C X i3l. C-

,T(mmC-26.

tlork, c. S. Sl::r::: C J U ~
Date Name and Title of Issuing Officer

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 28 of 31

A 0 83 (Rev 10185)

Summons in a Criminal Case

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SU&iNIONS IN A CRIlMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHLILTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

TO: Ken Shatto

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

-

Federal Courthouse 1929 Stout Street Denver. Colorado

DATE AND TIME

To answer a(n)

X INDICTMENT

INFORMAnON

COMPLAINT

VlOLAnON NOTICE

PROBATION V,OLAnON PETITION

Charging you with a violation of Title

18

, United States Code, Section(s)
,
.-A

241. 242

-...--, FOLLOWS: "-I .. .IS
,Room (2-326.
Rgom C-191.

Brief description of offense:

U.S. Pretrial SC-?~XC:: , , U.S. Marsh31 ct

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

n

Clerk, U. S ~ i s r r ; ~p.,,. . +

lA.'f!~sAUNS?:AW~

.
Date

Name and Title of Issuing Officer

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 29 of 31

A 0 83 (Rev 10185)

Summons in a Criminal Case

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SUkMONS IN A CRIi\/IINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

TO: Rod Schultz

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

-

Federal Courthouse 1929 Stout Street Denver. Colorado
BEFORE:

DATE AND TIME 11116100 1:30 p.m.

To answer a(n)

X INDICTMENT

I7 INFORMAl'ION 0 COMPLAINT
18

VIOLATION NOTICE

PROBATION VIOLATION PETITION
241.242

Charging you with a violation of Title

, United States Code, Section(s)
4

U.S. Pretrial S c ~ c i t 2t z

I .

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

'g k h 8 R ~ ~ A C I N I P U ~ ~ ~

C ' O U. s Cit:i.,, ~
Signature ofisdh Officer
A

C',:!d

Y J[L/C/\

Date

Name and fitle%f Issuing Offlcer

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 30 of 31

11083 (Rev 10185)

Summons in a Criminal Case

-

United States District Court
STATE AND DISTRICT OF COLORADO

UNITED STATES OF AMERICA

SUh4klONS IN A CRI'iMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE. ROBERT VERBICKAS, BRENT GALL, JAMES BOND

TO: David Pruyne

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

-

Federal Courthouse i929 Stout Street enver, Colorado
BEFORE:

DATE AND TlME

Magistrate

Edward Srhlsrrer
a-

11/16/00

1:30 p.m.

To answer a(n)

X INDICTMENT

INFORMATION

COMPLAINT 18

VIOLATION NOTICE

PROBATION VIOLA'I'ION PETITION
241. 242

Charging you with a violation of Title

, United States Code. Section(s)
-2

"1

w.4 dc.+8~l

Brief description of offense:

U.S. Pretrial Sei-;1253 st U.S. M-hd at

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

3k'XS

R MANSPEAKER
Date

clerk, U. S. District Ccurf

Name and fit19of Issuing Offlcer

dQ.!lf,

P a o R TO APPXAa..--.

,

---,-

---

flP-,-r---,-

--FORT AS FOLLOWS: , r a m C-191. ,Room (2-326.

Case 1:00-cr-00481-WYD

Document 1674-2

Filed 05/23/2006

Page 31 of 31

A 0 83 (Rev 10185)

Summons in a Criminal Case

United States District Court
STATE AND DISTRICT OF COLORADO

-

UNITED STATES OF AMERICA

SUkfMONS IN A CRIMINAL CASE
CASE NUMBER:

MIKE LAVALLEE, ROD SCHULTZ, KEN SHATTO, DAVID PRUYNE, ROBERT VERBICKAS, BRENT GALL, JAMES BOND

TO: BRENT GALL

X YOU ARE HEREBY SUMMONED
time set forth below.
PLACE

to appear before the United States District Court at the place, date, and

COURTROOM

C 202

BEFORE:

,

-Ma~'rate Judge

8.eese~:G,l$Jrh

Federal Courthouse I929 Stout Street C o ado

-

-

DATE AND TIME

tcer

11/16/00

1:3Op.m.

To answer a(n)

X INDICTMENT

INFORMATION

COMPLAINT

VIOLATION NOTICE

PROBATION VIOLATION PETITION

Charging you with a violation of Title Brief description of offense:

18

, United States Code, Section(s)
,--<
-?

PRIOR TO ~ppSXt.---. 2 1 U.S. Prerri31 S 3 i " i i ~ 3 Li u.3.MarshJ zt
-2

-- -

--

241. 242

-r-c-,r-

- - ? o ~ T AS FOLLGV\'S:
b m C-191.

Conspiracy Against Rights; Deprivation of Rights Under Color of Law

321 1'1:;

2 ~IAN.?EAKER .
U. 5. Distrlcl cctld
Date

c!erk
-

Name and Title of Issuing Officer