Former Fulton County Sheriff’s Deputy Convicted on Obstruction of Justice Charges Related to Federal Investigation of Inmate Death

MITNEE MARKETTE JONES, 46, of Atlanta, Georgia, a former Fulton County Sheriff’s Deputy assigned to work at the Fulton County Jail, was convicted by a federal jury late yesterday in Atlanta for her role in the obstruction of a federal investigation of a 2008 inmate death.

Acting United States Attorney Sally Quillian Yates said, “We’re still uncertain exactly why Mr. Glasco died, but this conviction brings us one step closer to learning the truth. Deputy Jones lied and covered up what happened in Mr. Glasco’s cell, and now she is being held accountable.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “The conviction of Fulton County Sheriff's Deputy/Jailer Mitnee Jones on charges related to lying to the FBI and providing false statements as part of a serious investigation into the death of a Fulton County jail inmate should serve as a message to others that the FBI expects full cooperation in such matters. For a sworn law enforcement officer to deliberately mislead a federal investigation is unconscionable, and the jury, with a returned verdict of guilty, agreed that it should not be tolerated.”

Fulton County Sheriff Ted Jackson said, “Sworn officers are expected to be honest and anything less will not be tolerated within the Fulton County Sheriff's Office. No one should turn a blind eye to the mistreatment of persons in custody. This conviction is further proof that we will hold staff members accountable for their actions while expecting all employees to promote high standards of professionalism for next generation of detention officers.”

According to Acting United States Attorney Yates and evidence presented during the trial: JONES and two co-workers—former Detention Officer DERONTAY LANGFORD and Detention Officer Chantae Taylor—filed false incident reports omitting that jail staff had entered the cell of Richard Glasco and engaged in a physical altercation with him a short time before Glasco was found unresponsive on the floor of his cell. According to eyewitness accounts, a group of officers including JONES, LANGFORD and former jail Security Specialist CURTIS BROWN, entered Glasco’s cell and used force to subdue Glasco because Glasco was being loud and banging on his cell door and window. Approximately an hour after the group entered the cell, Taylor and LANGFORD discovered Glasco unresponsive and not breathing on the cell floor. Glasco was transported to Grady Memorial Hospital where he was pronounced dead.

After a three-day trial, the jury convicted JONES of: 1) filing a false incident report with the intent to hinder the federal investigation; 2) making a false material statement about the incident to a Special Agent of the Federal Bureau of Investigation (FBI); and 3) obstruction of justice by making false statements to a federal grand jury investigating Glasco’s death.

JONES faces a maximum prison sentence of 20 years for filing the false incident report with the intent to hinder the federal investigation; five years for making a false material statement about the incident to the FBI; and 10 years for obstruction of justice by making false statements to a federal grand jury. JONES also faces a maximum fine of $250,000 on each count. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

JONES will be sentenced by United States District Court Judge J. Owen Forrester in April 2010.

LANGFORD, who testified against JONES, pleaded guilty on September 22, 2009, to obstruction of justice for his false testimony to a federal grand jury on August 27, 2008, when he was questioned about the death of Glasco. He is awaiting sentencing by Judge Forrester. BROWN, who faces similar federal charges, is awaiting trial. No trial date has yet been set. Taylor, who cooperated with the federal investigation from the beginning, has not been charged.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

To Editor Re: Georgia Senate Bill 304

The Georgia Senate Judiciary Committee has received a new bill, S.B. No. 304 for consideration. It should be considered and discarded as rapidly as possible.

The proposed law seeks to decriminalize (the legalizing of an illegal act) prostitution for offenders under the age of 16. While we recognize that the boys and girls exploited by prostitution are often trapped in a cycle of pimp control, drug abuse, and criminal activity, there are better ways to help them than this ill-advised legislation.

Decriminalization creates a friendly environment for pimps and traffickers. By tying the hands of police, victims cannot be identified and separated from their handlers. Law enforcement needs these laws to obtain testimony against the exploiters and, most importantly, to help the victims.

Other jurisdictions have proven that there are better alternatives to decriminalization. Upon arrest (they do not have to be prosecuted if arrested), victims can be identified and placed in diversionary programs designed for rescue and rehabilitation. They can also be provided with an affirmative defense to criminal charges. But in all these cases, the arrest is the action that allows for the intervention leading to education or rehabilitation.

Vigorous law enforcement pursuit of traffickers and johns will make prostitution less profitable and, thereby, make it harder to sustain. Enforcing the laws on the books against johns and pimps should be the focus of law enforcement—without demand, prostitution and trafficking do not exist.

Those who struggle to help these children all agree on the need to “do something”, but S.B. 304 is not the answer. Our laws establish a set of rules of conduct recognized and established by the community. Decriminalization of minors sends the message that the community accepts children in prostitution—it normalizes it. Only pimps, traffickers and johns believe children should be in prostitution, so why make it legal for minors under the age of 16?

There is nothing normal about one human being buying access to another, especially in the case of a child being purchased by an adult. The children of Georgia deserve better protection than that provided by Georgia Senate Bill 304. We trust the Senate Judiciary Committee will quickly recognize this and reject this proposed legislation.

Dale Austin, Legislative Liaison,
CWA of Georgia
Concerned Women for America

National Dental Management Company Pays $24 Million to Resolve Fraud Allegations

The United States today announced that it has settled False Claims Act allegations against FORBA Holdings LLC, a dental management company that provides business management and administrative services to 69 clinics nationwide known as “Small Smiles Centers.” Under the agreement, FORBA will pay the United States and participating states $24 million, plus interest, to resolve allegations that it caused bills to be submitted to state Medicaid programs for medically unnecessary dental services performed on children insured by Medicaid, which is funded jointly by the federal and state governments. FORBA has further agreed to put in place various remedial measures designed to prevent similar unlawful conduct from occurring in the future. The government’s investigation of individual dentists is ongoing, and FORBA is cooperating with that investigation by providing information about dentists who may have violated professional standards.

The United States alleged that FORBA was liable for causing the submission of claims for reimbursement for a wide range of dental services provided to low-income children that were either medically unnecessary or performed in a manner that failed to meet professionally-recognized standards of care. These services included performing pulpotomies (baby root canals), placing crowns, administering anesthesia (including nitrous oxide), performing extractions, and providing fillings and/or sealants.

“We have zero tolerance for those who break the law to exploit needy children,” said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. “Illegal conduct like this endangers a child’s well-being, distorts the judgments of health care professionals, and puts corporate profits ahead of patient safety.”

Assistant Attorney General West praised the collaborative efforts of the federal and state agencies that made this result possible. The Justice Department’s Civil Division and the U.S. Attorneys’ Offices for the District of Maryland, the Western District of Virginia, the District of South Carolina, and the District of Colorado handled these cases. The Civil Division led the nationwide investigation, which was conducted by the Office of Inspector General for the Department of Health and Human Services, the Federal Bureau of Investigation, and the National Association of Medicaid Fraud Control Units.

To resolve the allegations against it, FORBA will pay $24 million, plus interest. The federal share of the civil settlement is $14,285,645, and the states’ Medicaid share is $9,714,355.25. In addition, as part of the settlement, FORBA has agreed to enter into an expansive five-year Corporate Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services. The agreement provides for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that which gave rise to this matter. Specifically, FORBA must engage external reviewers to monitor its quality of care and reimbursement processes. In addition, the chief dental officer must develop and implement policies and procedures to ensure that the Small Smiles clinics provide services consistent with professionally recognized standards of care. FORBA has also agreed to cooperate in the government’s continuing investigation of individual dentists.

“We will not tolerate Medicaid providers who prey on vulnerable children and seek unjust enrichment at taxpayers’ expense,” said Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services. “This settlement reaffirms our commitment to protect the health and well-being of Medicaid beneficiaries and to ensure the integrity of this essential health care program.”

“Health care providers must be held accountable when they mistreat patients and overcharge insurers,” said Rod J. Rosenstein, U.S. Attorney for the District of Maryland. “We are committed to using our affirmative civil enforcement authority to protect patients from inadequate care and protect governmental health coverage programs from fraudulent charges.”

The government’s investigation was initiated by three lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to sue on behalf of the United States and share in any recovery. These actions are pending in the U.S. District Courts for the District of Maryland, the Western District of Virginia, and the District of South Carolina. As part of today’s resolution, the three whistleblowers will receive payments totaling more than $2.4 million from the federal share of the settlement. “In this case, FORBA put greed and profits before the well-being of children,” said Timothy J. Heaphy, U.S. Attorney for the Western District of Virginia. “It endangered the health and safety of innocent children and defrauded the taxpayer of millions of dollars. Today’s settlement addresses these egregious acts and sends a clear message that Medicaid fraud will be expeditiously addressed by this Department.”

This settlement with FORBA is part of the government’s emphasis on combating health care fraud. One of the most powerful tools in that effort is the False Claims Act, which the Department of Justice has used to recover approximately $2.2 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 have topped $3 billion.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

Governor Perdue to Introduce Legislation to Improve Community Supervision of Parolees and Probationers

Governor Sonny Perdue announced Friday that State Representative Jim Cole, the Governor’s senior floor leader in the House, will introduce legislation to improve community supervision of parolees and probationers.

“We can improve the state’s supervision of parolees and probationers and produce a more effective and efficient government,” said Governor Perdue. “This legislation will result in more officers in the field with more training. By utilizing the best practices of each division the state will better perform its community supervision role.”

Under the proposal the state’s parole and probation functions would be under the supervision of the Department of Corrections. The Governor will recommend a Director of Community Supervision who will be approved by the Board of Corrections and be a Deputy Commissioner in the Department of Corrections. In addition, the Parole Board chair would serve as member of the Board of Corrections. The Parole Board would continue its current clemency duties.

The legislation will encourage better policy outcomes and a more strategic vision for community supervision across the state. It will enhance public safety by allowing for consistent sanctioning for violations of conditions across all of community corrections. There will be a seamless transition for offenders within the criminal justice system which will provide a full continuum of re-entry and community services. For example, 40 percent of offenders have a split sentence, meaning they have probation to follow their parole supervision, causing disruptions in case planning and supervision for offenders. The legislation will allow for a continuum of services resulting in lower recidivism.

In addition to providing better outcomes and enhancing public safety, the legislation will also allow for operational and internal management efficiencies. In the two departments there are currently a combined 1046 officers in field supervisory roles. Streamlining administrative functions would create an opportunity to add an additional 461 field officers. The new officers would result from flattening the organizational structure of community supervision and converting administrative positions to officer field positions. The legislation also could allow for an opportunity to reduce the number of offices needed by pardons and parole officers. Currently, officers work out of 181 locations, with the combining of functions the number of offices could be reduced in half.

“This legislation will produce better outcomes and result in 50 percent more officers in the field,” said Representative Cole.

Additionally, the legislation will encourage swift and certain sanctions for offenders. It will allow for parolee and probation violators to face a range of sentences including detention, boot camp, and day reporting centers.

Bibb County Sheriff’s Deputy Found Guilty of Seeking Sex with Minor

After a three-day trial, a jury found GREGORY TODD BOWDEN, 43, of Byron, Georgia, guilty of attempting to entice a minor to engage in sex.

“Cases in which defendants seek to entice children to engage in sex are always disturbing; it is all the more shocking when the perpetrator is a member of our law enforcement personnel here in Georgia,” said Sally Quillian Yates, Acting United States Attorney for the Northern District of Georgia. “Defendant Bowden’s sexual pursuit of a 7-year old girl has resulted in a noteworthy conviction that will keep him away from children for many years.”

According to Acting United States Attorney Yates and the evidence presented during the trial: BOWDEN, an eight-year veteran of the Bibb County Sheriff’s Department, frequented online chat rooms in which he engaged in fantasy role-playing about incest and other child sex acts. In October 2008, he befriended a woman online whom he believed to have a 7-year-old daughter. This woman—actually an undercover FBI task force agent—was willing to make her daughter available to BOWDEN for sex. In February 2009, BOWDEN and the mother, through additional chats, e-mails, and phone calls, agreed to meet for the purpose of having three-way sex: BOWDEN, the mother, and the 7-year-old daughter. On February 11, 2009, BOWDEN drove 110 miles from his home in Byron to Sandy Springs, where he expected to meet the mother and her daughter. He was arrested at the scene. Agent later recovered a computer from his home on which they found child pornography and other evidence of interest in incest and sex with minors.

BOWDEN faces a mandatory minimum term of imprisonment of 10 years in prison; he could receive a maximum sentence of life in prison. In determining the defendant’s sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. BOWDEN will be sentenced on March 16, 2010, at 2:30 p.m., before United States District Judge William S. Duffey, Jr.

This case is being investigated by agents and officers of the Atlanta Safe Child Task Force, which is led by the Federal Bureau of Investigation, Atlanta Division.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

“Operation Shooting Star” Results in Three Dozen Prison Sentences

After convicting four defendants during two separate trials and accepting guilty pleas from 36 other defendants, United States District Judge Charles A. Pannell has imposed sentences on all but one defendant in the two-year prosecution resulting from the David G. Wilhelm OCDETF Strike Force’s investigation named “Operation Shooting Star.” The latest sentence, handed down January 12, was a 300-month federal prison sentence for JULIO CESAR AVALOS-CERPAS, 35, from Mexico, for his role as a leader of a distribution “cell.” The sentences that Judge Pannell imposed on the other defendants ranged from 16 months to life in prison. There is no parole in the federal system.

Acting United States Attorney Sally Quillian Yates, “These 40 convictions show the results that are achieved when federal, state, and local law enforcement agencies work together to stem the flow of poison into this country and to stop the cross-border flow of cash to violent, greed-driven cartel members in Mexico.”

According to Acting United States Attorney Yates, the charges and other information presented in court: Between November 2006 and December 2007, members of a large, sophisticated cocaine trafficking organization linked to Mexican drug cartels used the metro Atlanta area as the transshipment point for more than 7,000 kilograms of cocaine.

Seized ledgers showed that during this period, organization members collected at least $193,129,208 in drug proceeds in the Atlanta area, transported those funds through the Southeastern United States, and smuggled them across the United States/Mexico border to pay cartel leaders in charge of operations. During the course of the investigation, agents intercepted telephone calls over approximately 53 telephones; searched at least 30 locations; and seized more than $10 million in cash, 383 kilograms of cocaine, and 30 firearms, including assault rifles, shotguns, and handguns with 30-round magazines.

Judge Pannell imposed the following sentences today and over the past 11 months:

DEFENDANT	AGE	PRISON TERM	SUPERVISED RELEASE
Manuel Magana-Sagrero	37	Life	10 years
Jose Magana-Zavala	34	384 months	10 years
Angel Haro-Perez	29	324 months	5 years
Kevin Jimenez-Castillo	35	324 months	5 years
Joaquin Suarez-Flores	30	304 months	5 years
Julio Cesar Avalos Cerpas	34	300 months	5 years
Julian Ortuna-Herrera	26	292 months	5 years
Jose Macias-Martinez	49	292 months	5 years
Jose Tapia-Corneso	41	288 months	5 years
Hector Vargas-Madrigal	47	262 months	10 years
J Jesus Torres-Ochoa	39	262 months	10 years
Jose Mendoza-Solorzano	23	235 months	5 years
Jose Jesus Espinoza Faria	25	248 months	5 years
Leopoldo Castanda-Herrera	42	248 months	5 years
Arturo Torres-Zaragoza	25	248 months	5 years
Francisco Vega-Santana	38	235 months	5 years
Salvador Gonzalez-Flores	22	216 months	5 years
Damian Lopez-Gonzalez	24	211 months	5 years
Mario Alberto Guerrero-Martinez	35	195 months	5 years
Marco Antonio Rodriguez-Magana	36	188 months	5 years
Aurelio Chavez Maldonado	25	188 months	5 years
Eneyda Romero-Molina	40	181 months	5 years
Jose Luis Benitez-Tornes	30	168 months	5 years
Ramiro Ochoa Penaloza	39	168 months	5 years
Alejandro Gutierrez-Beiza	30	151 months	5 years
Antero Pineda-Camacho	51	151 months	5 years
Jesus Garcia-Corona	27	149 months	5 years
Raul Amado Luna-Mejia	23	144 months	5 years
Alfonso Rodriguez Franco	49	144 months	5 years
Martin Magana-Bernal	37	121 months	5 years
Roberto Espinoza-Cerda	29	120 months	5 years
Nahu Barajas-Duarte	29	97 months	5 years
Juan Aguiar-Martinez	33	97 months	5 years
Felipe Santana	30	63 months	2 year
Victor Gonzalez-Flores	20	60 months	3 years
Fausto Villa-Mojica	51	48 months	1 year
Carlos Alberto Gutierrez	22	46 months	3 years
Abraham Mayor	27	27 months	3 years
Lorenzo Pineda-Ibarra	38	16 months	3 years

Defendants JUAN ANTONIO RAMOS-SANCHEZ, JORGE LUIS CORDERO-PENA, JOSE EMMANUEL GUADARRAMA, OPHELIA PINEDA, AND FNU LNU, a/k/a “LICENCIADO,” remain fugitives.

The U.S. Attorney's Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.

The agents who investigated this case are assigned to the David G. Wilhelm OCDETF Strike Force and are employed by the following law enforcement agencies: the Drug Enforcement Administration, Internal Revenue Service; Federal Bureau of Investigation; Department of Homeland Security, Immigration and Customs Enforcement; United States Marshals Service, Georgia Department of Corrections, Fayette County Sheriff’s Office, Georgia Bureau of Investigation, DeKalb County Police Department, Georgia State Board of Pardons and Paroles, and Fayette County Sheriff’s Office. Significant assistance in this case was provided by the Georgia State Patrol.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

Department of Justice Observes Anniversary of Amber Alert Program

/PRNewswire/ -- The U.S. Department of Justice's Office of Justice Programs today observes the anniversary of the AMBER Alert program by asking that all individuals assist in the work of recovering abducted children by being aware and responsive to AMBER Alert postings. Since its creation in 1996, the AMBER Alert program has helped to find and safely recover 495 abducted children. Today all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands have AMBER Alert plans.

On January 13, 1996, Amber Hagerman was abducted while riding her bicycle and was then brutally murdered. The AMBER (America's Missing: Broadcast Emergency Response) Alert network was created after her tragic death. AMBER Alerts are emergency messages broadcast when a law enforcement agency determines that a child has been abducted and is in imminent danger. The broadcasts include information about the child and abductor that could lead to the child's recovery, such as physical description and information about the abductor's vehicle. The AMBER Alert program began in 1996 when Dallas-Fort Worth broadcasters teamed up with local police to develop an early warning system to help find abducted children.

"When a child is missing, the focus of the nation is on making a safe recovery," said Laurie O. Robinson, the Assistant Attorney General for the Office of Justice Programs and National AMBER Alert Coordinator. "Significant and important advancements to the AMBER Alert program have assisted in these recoveries and energized us to continue improving, strengthening and promoting this important tool."

The AMBER Alert network includes law enforcement, broadcasters, transportation officials, the wireless industry, trucking carriers, retail outlets and many more. The PROTECT Act, signed into law in April 2003, statutorily established the national AMBER Alert Coordinator's role.

Since that time, AMBER Alert has made remarkable progress:

-- All 50 states, the District of Columbia, Puerto Rico and the U.S.
Virgin Islands have AMBER Alert plans, creating a network of plans
nationwide to aid in the recovery of abducted children.
-- To protect children from being transported across international
borders, the Department of Justice collaborated with the Canadian
provinces to expand AMBER Alert into Canada, and is working to expand
AMBER Alert into the Mexican border states.
-- Tribal nations are working to develop their own plans tailored to
their specific needs so that children in Indian country may benefit
from AMBER Alert.
-- Ninety-eight percent of the 495 AMBER Alert recoveries have occurred
since AMBER Alert became a nationally coordinated effort in 2002.
-- The AMBER Alert Secondary Distribution Program (AASD) which enhances
AMBER Alert activations for law enforcement and the general public,
has been widely expanded to include various internet providers,
outdoor digital signage systems, coordinated highway networks and
public and private employers.
-- Anecdotal evidence demonstrates that perpetrators are well aware of
the power of AMBER Alert, and in many cases have released an abducted
child upon hearing the alert.


The Office of Justice Programs (OJP), headed by Assistant Attorney General Laurie O. Robinson, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. In addition, OJP has two program offices: the Community Capacity Development Office, which incorporates the Weed and Seed strategy, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). More information can be found at http://www.ojp.gov/.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

Armed Robber Sentenced to Life in Prison

ADOLPHUS DIXON, 43, of Atlanta, Georgia, was sentenced January 7 by United States District Judge Charles A. Pannell, Jr. to serve life in federal prison on charges of armed commercial robbery, brandishing a firearm in furtherance of a crime of violence and attempted bank robbery.

Acting United States Attorney Sally Quillian Yates said of the case, “After having been convicted twice of armed robbery, this defendant committed five more armed robberies, victimizing the stores that provide us with the basic supplies that we use in our daily lives. He violently robbed those stores with a gun and endangered the lives of hard working employees and unsuspecting customers. He will no longer be able to terrorize this community.”

DIXON was sentenced to life in prison under the federal “three-strikes” statute which requires federal judges to impose a life sentence when a person is convicted of a serious violent felony and the government proves that the person was convicted on separate prior occasions of two or more serious violent felonies. On October 16, 2009, DIXON was convicted of five counts of commercial robbery, five counts of brandishing a firearm during a crime of violence and attempted bank robbery.

According to Acting United States Attorney Yates, the charges and other information presented in court: During a five-day period between September 10 and September 15, 2008, DIXON robbed three “Family Dollar” Stores, a “Super IGA” grocery store, a “Rite Aid” Pharmacy and attempted to rob a “SunTrust” bank. DIXON's co-defendant, CHRISTOPHER SMITH, 37, also of Atlanta, participated in the Family Dollar Store robberies in Atlanta, Georgia. During the Family Dollar Store robberies, DIXON and SMITH entered the stores, pretended to make a purchase and took money from cash registers after pointing a pistol at store cashiers. DIXON used a similar ruse during the armed robbery of a Super IGA grocery store in Atlanta, Georgia before pointing a pistol at a cashier and taking money from a cash register as other employees fled from the front of the store. Similarly, DIXON entered the Rite Aid Pharmacy in Atlanta, Georgia and pretended to make a purchase before pointing a pistol at the cashier and removing cash from the register. DIXON also posed as a customer of a SunTrust Bank branch in Douglasville, Georgia and handed the bank teller a note demanding all the cash in the drawer. The bank teller was able to alert bank employees and DIXON fled the bank without receiving any money. The Federal Bureau of Investigation was able to identify DIXON and SMITH from video surveillance and descriptions of the robbers and the getaway vehicle which was registered to DIXON. Additionally, on September 12, 2008, officers with the Atlanta Police Department identified DIXON and SMITH during a traffic stop of a vehicle that matched descriptions of the getaway vehicle.

At sentencing, the Government proved that DIXON had two previous serious violent felony convictions for armed robbery and armed bank robbery in Georgia.

DIXON’s co-defendant, SMITH, was convicted of charges related to the three Family Dollar Store robberies on September 25, 2009, and was sentenced to serve 22 years in federal prison.

The case was investigated by the Federal Bureau of Investigation, the Atlanta Police Department and the Douglasville Police Department.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage

Arsonists Who Set Fire to Adult Club Sentenced to Prison

BOYD SMITH, 41, of Atlanta, Georgia; SANDEO PABLO DYSON, 46, of Gainesville, Georgia; and HOWARD “BIT” THROWER, 52, of Alpharetta, Georgia, were sentenced today by Chief District Court Judge Julie E. Carnes relating to a conspiracy to burn down “Club Onyx,” an adult entertainment establishment in Atlanta, just after New Year’s Day 2007.

Acting United States Attorney Sally Q. Yates said, “These prison terms bring to a close a successful arson investigation involving local and federal authorities. While thankfully no one was hurt during the fire and its aftermath, the defendants in this case, in their senseless pursuit of financial gain, put the lives of innocent civilians and our brave firefighters at risk.”

“Setting afire a rival business to gain a competitive edge is not only a threat to free enterprise; it is a crime of violence,” said Special Agent in Charge Gregory Gant of the Bureau of Alcohol, Tobacco, Firearms and Explosives in Atlanta. “Every time an arsonist strikes a match, the loss of human life is a distinct possibility. ATF's arson enforcement efforts are directed toward preventing arson, providing effective post-incident response, and safeguarding our community from the impact of arson.”

SMITH was sentenced to five years in prison to be followed by three years of supervised release. DYSON was sentenced to five years in prison to be followed by three years of supervised release. THROWER was sentenced to three years in prison to be followed by three years of supervised release.

According to Acting United States Attorney Yates and evidence presented in court: The investigation of this case began on January 2, 2007, when the City of Atlanta Fire Department and agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) responded to a fire at Club Onyx, an adult entertainment club at 1888 Cheshire Bridge Road in Atlanta. An internal surveillance system that was not destroyed by the blaze showed a male figure moving about the club after it had been locked and alarmed by management. This individual can be seen starting the fire and then hurrying beyond the range of the cameras and out of the building. The owners of Club Onyx spent nearly $1 million to rebuild the facility and had to keep the club shuttered for over six months.

For many months, investigators were unable to develop any leads on the arson. A break in the case occurred in August and September, 2007, when agents from the ATF and the FBI learned that THROWER was involved in the arson. From that lead, agents eventually determined that THROWER, who was a senior manager at Platinum 21, had conspired with SMITH, also a manager, and DYSON, head of security at Platinum 21, to burn Club Onyx. Club Onyx had recently begun to compete with Platinum 21. With revenues and profits collapsing, THROWER, SMITH, and DYSON decided that they must shut Onyx down. After discussing a variety of less extreme options, the conspirators settled on the arson plan in December 2006.

DYSON was paid $5,000 by SMITH and THROWER to “do the burn,” which he executed on January 2, 2007, just after the last employees had left the building. The night before the fire, DYSON scaled the outside of Club Onyx and diverted the external security cameras so that they would not record his exit after the fire was started.

DYSON pled guilty on April 24, 2008. THROWER pled guilty on January 29, 2009. SMITH went to trial and was found guilty by a jury on February 25, 2009. DYSON and THROWER both testified at SMITH’s trial, as did several other Platinum 21 employees.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Follow us on Twitter: @GAFrontPage