|
July 23, 2004
The United States Attorney's Office for the Northern District of California announced that the following defendants were indicted yesterday by a federal grand jury in Oakland on the following counts related to the theft of explosives in San Mateo County over the weekend of July 4, 2004:
Defendant (Age) Charges [Maximum Prison Term in Brackets]
Michael Alexander Allan (46) Charged with 11 counts: Conspiracy to
steal explosives, to possess stolen explosives,
and to transport explosives without a license
[4 years]; Theft of Explosive Materials (2
counts) [10 years each count]; Unlicensed
Transportation of Explosive Materials (2
counts) [10 years each count]; Possession of
Stolen Explosives [10 years]; Felon in
Possession of Explosives [10 years];
Distributing Explosives to an Unlicensed
Person (2 counts) [10 years each count];
Distributing Explosives to a Felon (2 counts)
[10 years each count]
Dean Utile (41) Charged with 5 counts: Conspiracy to steal
explosives, to possess stolen explosives, and
to transport explosives without a license [5
years]; Theft of Explosive Materials [10
years]; Unlicensed Transportation of
Explosive Materials [10 years]; Possession of
Stolen Explosives [10 years]; Felon in
Possession of Explosives [10 years]
Timothy Dean Byrd (36) Charged with 4 counts: Possession of Stolen
Explosives [10 years]; Felon in Possession of
Explosives [10 years]; Unlicensed Receipt of
Explosives [10 years]; Making False
Statements to the Government [5 years]
Gregory Sherinan (40) Charged with 4 counts: Possession of Stolen
Explosives [10 years]; Felon in Possession of
Explosives [10 years]; Unlicensed Receipt of
Explosives [10 years]; Making False
Statements to the Government [5 years]
In addition to the term of imprisonment, each count in the Indictment carries a maximum fine of $250,000 and a maximum term of supervised release of three years.
According to the Indictment, Allan is alleged to have driven a stolen van to the Crystal Springs Reservoir area the night of July 2. After using bolt cutters to cut locks off the gate, Allan drove the stolen van into the reservoir area and up to "explosive magazines," which are areas used to store explosives, according to the Indictment. Again using bolt cutters, Allan cut the locks off these magazines, placed explosives in the stolen van, and drove to a storage unit in Hayward, according to the Indictment. At the storage unit, Allan allegedly met with another defendant, Dean Utile, and Allan and Utile stored the explosives and agreed to return to the reservoir area to steal explosives that Allan had left behind because he could not get through all of the locks.
Also according to the Indictment, Allan and Utile, this time armed with a blow torch and an oxygen tank to get through the remaining locks, returned to the explosive magazines at night on July 5. Again operating a stolen van, Allan and Utile stole more explosives, loaded them in the stolen van, and drove to a separate storage unit in Oakland. The Indictment alleges that the explosives stolen on these dates included C4, grenades, grenade simulators, signal flares, detonation cord, TNT, fuses, and blasting caps.
The Indictment also alleges that Allan distributed some of the explosives to two individuals who were not licensed to receive them and who, in fact, each had previously been convicted of at least one felony crime. Specifically, the Indictment states that on July 6, Allan distributed explosive materials to Timothy Dean Byrd, and that on July 7, Allan distributed explosive materials to Gregory Sherinan. The Indictment also alleges that when agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives spoke with Byrd and Sherinan, each of those defendants falsely denied receiving any explosive materials from Allan.
According to the Indictment, all four defendants had been convicted of at least one felony offense prior to committing the alleged offenses.
Defendant Allan was arrested on July 7. He made his initial appearance in federal court on July 9. On July 14, his request for bail was denied, and he remains in custody. His next court date is Monday, July 26, at 10:00 a.m., before Magistrate Wayne D. Brazil. Defendant Utile has been in custody since July 8, when he was arrested on unrelated charges. His initial appearance in federal court has not been scheduled. Defendant Byrd was arrested on July 14, and he remains in custody. His next appearance in federal court will be on Tuesday, July 27, at 10:00 a.m. before Magistrate Wayne D. Brazil. Defendant Sherinan was arrested today, and will appear before Magistrate Brazil on Monday, July 26, at 10:00 a.m.
The prosecution is the result of an intense investigation led by the ATF and involving multiple federal, state, and local agencies. Douglas Sprague is the Assistant United States Attorney who is prosecuting the case.
An indictment simply contains allegations, and, as with all defendants, Allan, Utile, Byrd, and Sherinan must be presumed innocent unless and until convicted.
A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can. Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
|
