CLOSED

U.S. District Court
Western District of Virginia (Abingdon)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00092-JPJ All Defendants


Case title: USA v. Rapoca Energy Co, et al

Date Filed: 09/29/2000
Date Terminated: 09/27/2001

Assigned to: Judge James P. Jones

Defendant (1)
Rapoca Energy Company
TERMINATED: 09/13/2001
represented byJerry Walker Kilgore
Williams Mullen
P.O. Box 1320
Richmond, VA 23218-1320
804-783-6933
Fax: 783-6507
Email: jkilgore@williamsmullen.com
TERMINATED: 09/13/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Stephen M. Hodges
PENN STUART & ESKRIDGE
PO BOX 2288
ABINGDON, VA 24212-2288
276-623-4405
Fax: 276-628-5621
Email: shodges@pennstuart.com
TERMINATED: 09/13/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820C.M LIABILITY OF CORPORATE DIRECTORS AND OFFICERS -- 30 USC 820(c) and 820(d) - Misdemeanor - Willfully violate mandatory safety standard (April 2000)
(1s)
Thirty (30) months probation w/ special conditions; Fine of $60,000; SA $1175.00 and Restitution in the amount of $1,938,825;
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - Willful Violation of Mine Safety Standard (6/3/98)
(13-14)
Thirty (30) months probation w/ special conditions; Fine of $60,000; SA $1175.00 and Restitution in the amount of $1,938,825;
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 21 - 5/21/98; Ct. 22 - 5/19/98; Ct. 23 - 5/4/98; Ct. 24 - 4/22/98; Ct. 25 - 4/22/98; Ct. 26 - 4/27/98; Ct. 27 - 4/9/98; Ct. 28 - 5/5/98; Ct. 29 - 4/10/98; Ct. 30 - 4/9/98; Ct. 31 - 4/9/98; Ct. 32 - 4/28/98; Ct. 33 - 4/22/98; Ct. 34 - 5/11/98; Ct. 35 - 4/22/98; Ct. 36 - 4/22/98)
(30-31)
Thirty (30) months probation w/ special conditions; Fine of $60,000; SA $1175.00 and Restitution in the amount of $1,938,825;

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard 6/4/98)
(1-2)
Dismissed per plea agreement and order of the court
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/3/98)
(3-4)
Dismissed per plea agreement and order of the court
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(5-10)
Dismissed per plea agreement and order of the court
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(11-12)
Dismissed per plea agreement and order of the court
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) & 18:2 - FELONY - Falsification of Mine Safety Forms (4/9/98)
(15)
Dismissed per plea agreement and order of the court
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 16 - 5/5/98; Ct. 17 - 5/20/98)
(16-17)
Dismissed per plea agreement and order of the court
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 18 - 5/6/98; Ct. 19 - 5/15/98; Ct. 20 - 5/21/98)
(18-20)
Dismissed per plea agreement and order of the court
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 21 - 5/21/98; Ct. 22 - 5/19/98; Ct. 23 - 5/4/98; Ct. 24 - 4/22/98; Ct. 25 - 4/22/98; Ct. 26 - 4/27/98; Ct. 27 - 4/9/98; Ct. 28 - 5/5/98; Ct. 29 - 4/10/98; Ct. 30 - 4/9/98; Ct. 31 - 4/9/98; Ct. 32 - 4/28/98; Ct. 33 - 4/22/98; Ct. 34 - 5/11/98; Ct. 35 - 4/22/98; Ct. 36 - 4/22/98)
(21-29)
Dismissed per plea agreement and order of the court
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 21 - 5/21/98; Ct. 22 - 5/19/98; Ct. 23 - 5/4/98; Ct. 24 - 4/22/98; Ct. 25 - 4/22/98; Ct. 26 - 4/27/98; Ct. 27 - 4/9/98; Ct. 28 - 5/5/98; Ct. 29 - 4/10/98; Ct. 30 - 4/9/98; Ct. 31 - 4/9/98; Ct. 32 - 4/28/98; Ct. 33 - 4/22/98; Ct. 34 - 5/11/98; Ct. 35 - 4/22/98; Ct. 36 - 4/22/98)
(32-36)
Dismissed per plea agreement and order of the court

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge James P. Jones

Defendant (2)
Gary Horn
TERMINATED: 09/17/2001
represented byRobert Julius Breimann
Street Law Firm LLP
P.O. Box 2100
Grundy, VA 24614-2100
276-935-2128
Fax: 276-935-4162
Email: rjb@streetlawfirm.com
TERMINATED: 02/25/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820C.M LIABILITY OF CORPORATE DIRECTORS AND OFFICERS - 30 USC 820(c) & 820(d) - Willfully violate mandatory safety standards - (6/4/98 - Misdemeanor)
(1s)
Three years probation w/special conditions; $25.00 special assessment; $25,000 Fine

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/3/98)
(3-4)
Dismissed per plea agreement.
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(11-12)
Dismissed per plea agreement.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Judge James P. Jones

Defendant (3)
Elster McClanahan
TERMINATED: 06/19/2001
represented byEmmitt F. Yeary
YEARY & ASSOCIATES
PO BOX 1685
ABINGDON, VA 24212-1685
276-628-9107
Fax: 276-628-1998
Email: efy@eva.org
TERMINATED: 11/29/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert M. Galumbeck
GALUMBECK DENNIS AND KEGLEY
P.O. BOX 626
TAZEWELL, VA 24651
276-988-6561
Fax: 276-988-2921
Email: rmgalumbeck@aol.com
TERMINATED: 06/19/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820C.M LIABILITY OF CORPORATE DIRECTORS AND OFFICERS - 30 USC 820(c) & 820(d) - Willfully violated mandatory safety standards at Bee Tree Mine - (Misdemeanor - 6/4/98)
(1s)
Probation term of three (3) years w/ special conditions; This term consists of one year as to Count One and three years as to Count Two, to run concurrent; $3000 fine and $125 Special Assessment (SA Paid 03/20/01 by receipt #99273)(Sat isfaction of Judgment received 8/17/01)
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30 USC 820(f) & 18 USC 2 - Willfully made false statements, representations and certifications in applications, records, reports, and documents required to be maintained pursuant to FMSHA - (Felony - 5/21/98)
(2s)
Probation term of three (3) years w/ special conditions; This term consists of one year as to Count One and three years as to Count Two, to run concurrent; $3000 fine and $125 Special Assessment (SA Paid 03/20/01 by receipt #99273)(Sat isfaction of Judgment received 8/17/01)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/3/98)
(3-4)
Dismissed per defendant pleading to information
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(5-10)
Dismissed per defendant pleading to information
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(11-12)
Dismissed per defendant pleading to information
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 18 - 5/6/98; Ct. 19 - 5/15/98; Ct. 20 - 5/21/98)
(18-20)
Dismissed per defendant pleading to information
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 21 - 5/21/98; Ct. 22 - 5/19/98; Ct. 23 - 5/4/98; Ct. 24 - 4/22/98; Ct. 25 - 4/22/98; Ct. 26 - 4/27/98; Ct. 27 - 4/9/98; Ct. 28 - 5/5/98; Ct. 29 - 4/10/98; Ct. 30 - 4/9/98; Ct. 31 - 4/9/98; Ct. 32 - 4/28/98; Ct. 33 - 4/22/98; Ct. 34 - 5/11/98; Ct. 35 - 4/22/98; Ct. 36 - 4/22/98)
(21-36)
Dismissed per defendant pleading to information

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge James P. Jones

Defendant (4)
Randall Smith
TERMINATED: 07/06/2001
represented byCharlie Richard Jessee
Jessee, Read & Ely
P.O. Box 1506
Abingdon, VA 24212-1506
276-628-1089
Fax: 276-628-2411
TERMINATED: 07/06/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820C.M LIABILITY OF CORPORATE DIRECTORS AND OFFICERS - 30 USC 820(c) & 820(d) - Willfully violated mandatory mine safety standards - (Misdemeanor - June 4, 1998)
(1s)
Two years probation w/special conditions; $125.00 special assessment
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30 USC 820(f) & 18 USC 2 - Make false statements on forms required to be kept by FMSHA - (Felony - May 20, 1998)
(2s)
Two years probation w/special conditions; $125.00 special assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard 6/4/98)
(1-2)
Dismissed per plea agreement
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/3/98)
(3-4)
Dismissed per plea agreement
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(5-10)
Dismissed per plea agreement
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) & 18:2 - FELONY - Falsification of Mine Safety Forms (4/9/98)
(15)
Dismissed per plea agreement
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 16 - 5/5/98; Ct. 17 - 5/20/98)
(16-17)
Dismissed per plea agreement

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge James P. Jones

Defendant (5)
Upper Mill Mining Company
TERMINATED: 09/27/2001
represented byThomas Ralph Scott , Jr.
Street Law Firm LLP
P.O. Box 2100
Grundy, VA 24614-2100
276-935-2128
Fax: 276-935-4162
Email: trs@streetlawfirm.com
TERMINATED: 09/27/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard 6/4/98)
(1-2)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/3/98)
(3-4)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(5-10)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - MISDEMEANOR - Willful Violation of Mine Safety Standard (6/4/98)
(11-12)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820D.M PENALTIES - 1ST OFFENSE - 30:820(c) and 30:820(d) - Willful Violation of Mine Safety Standard (6/3/98)
(13-14)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) & 18:2 - FELONY - Falsification of Mine Safety Forms (4/9/98)
(15)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 16 - 5/5/98; Ct. 17 - 5/20/98)
(16-17)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 18 - 5/6/98; Ct. 19 - 5/15/98; Ct. 20 - 5/21/98)
(18-20)
Three years probation w/special conditions; $10,550.00 Special Assessment
30:820F.F FALSE STATEMENTS AND REPRESENTATIONS - 30:820(f) - FELONY - Falsification of Mine Safety Forms (Ct. 21 - 5/21/98; Ct. 22 - 5/19/98; Ct. 23 - 5/4/98; Ct. 24 - 4/22/98; Ct. 25 - 4/22/98; Ct. 26 - 4/27/98; Ct. 27 - 4/9/98; Ct. 28 - 5/5/98; Ct. 29 - 4/10/98; Ct. 30 - 4/9/98; Ct. 31 - 4/9/98; Ct. 32 - 4/28/98; Ct. 33 - 4/22/98; Ct. 34 - 5/11/98; Ct. 35 - 4/22/98; Ct. 36 - 4/22/98)
(21-36)
Three years probation w/special conditions; $10,550.00 Special Assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Trustee
Sun Trust Bank
TERMINATED: 09/17/2001
represented byByrum L. Geisler
PENN STUART & ESKRIDGE
PO BOX 2288
ABINGDON, VA 24212-2288
276-628-5151
Fax: 276-628-5621
Email: bgeisler@pennstuart.com
TERMINATED: 02/25/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented bySteven Randall Ramseyer
United States Attorneys Office
Suite B19
180 West Main Street
Abingdon, VA 24210
276-628-4161
Fax: 276-628-7399
Email: USAVAW.ECFAbingdon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/29/2000INDICTMENT as to Rapoca Energy Co (1) count(s) 1-2, 3-4, 5-10, 11-12, 13-14, 15, 16-17, 18-20, 21-36, Gary Horn (2) count(s) 3-4, 11-12, Elster McClanahan (3) count(s) 3-4, 5-10, 11-12, 18-20, 21-36, Randall Smith (4) count(s) 1-2, 3-4, 5-10, 15, 16-17, Upper Mill Mining (5) count(s) 1-2, 3-4, 5-10, 11-12, 13-14, 15, 16-17, 18-20, 21-36 (eps)
10/05/2000  Summons(es) issued for Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining Arraignment set for 2:30 10/19/00 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Randall Smith, for Upper Mill Mining (eps)
10/10/2000MOTION by Rapoca Energy Co for Discovery (eps)
10/10/2000  NOTICE: set Initial Appearance for 2:30 10/19/00 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Randall Smith, for Upper Mill Mining (eps)
10/17/2000SUMMONS returned executed 10/12/00 as to Gary Horn (eps)
10/19/2000  COURT REPORTER NOTES as to defendant Rapoca Energy Co, defendant Gary Horn, defendant Elster McClanahan, defendant Randall Smith, defendant Upper Mill Mining filed in Abingdon Division by Court Reporter Bridget Dickert Carton # 00CR4 for hearing date 10/19/00 for I.A. & Arrn. (fne)
10/19/2000  Initial Appearance as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining (Defendant informed of rights.) Defendant(s) present with counsel. ( presiding Magistrate Judge Pam M. Sargent Court Reporter: B. Dickert) (eps) Modified on 10/19/2000
10/19/2000  Bond Hearing as to Gary Horn, Elster McClanahan, Randall Smith Defendant(s) present with counsel. ( presiding Magistrate Judge Pam M. Sargent Court Reporter: Bridget Dickert) (eps)
10/19/2000  Arraignment as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith ( presiding Magistrate Judge Pam M. Sargent Court Reporter: Bridget Dickert) Defendant(s) present with counsel, entered pleas of Not Guilty to all counts. (eps)
10/19/2000APPEARANCE BOND entered by Gary Horn in Amount $ 10,000 unsecured (eps)
10/19/2000ORDER SETTING CONDITIONS OF RELEASE WITH ADDITIONAL CONDITIONS AND ADVICE as to Gary Horn Bond set to $10,000 unsecured for Gary Horn. ( Signed by Magistrate Judge Pam M. Sargent ) (eps)
10/19/2000APPEARANCE BOND entered by Elster McClanahan in Amount $ 10,000 unsecured (eps)
10/19/2000ORDER SETTING CONDITIONS OF RELEASE WITH ADDITIONAL CONDITIONS AND ADVICE as to Elster McClanahan Bond set to $10,000 unsecured for Elster McClanahan. ( Signed by Magistrate Judge Pam M. Sargent ) (eps)
10/19/2000APPEARANCE BOND entered by Randall Smith in Amount $ 10,000 unsecured (eps)
10/19/2000ORDER SETTING CONDITIONS OF RELEASE WITH ADDITIONAL CONDITIONS AND ADVICE as to Randall Smith Bond set to $10,000 unsecured for Randall Smith. ( Signed by Magistrate Judge Pam M. Sargent ) (eps)
10/19/200010 MOTION by Randall Smith for Discovery (eps)
10/20/200011 ORDER as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining, setting Jury Trial for 9:00 12/28 & 29/2000 and 01/02,3,4/01 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Randall Smith, for Upper Mill Mining , and ORDERING that all pre-trial motions shall be filed and scheduled by the parties for hearing at least fourteen (14) days before the trial date or pretrial conference whichever is earliest. ( Signed by James P. Jones ) (aec)
10/20/2000  NOTICE setting Jury Trial for 9:00 12/28 & 29/00 and 01/02,3,4/01 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Smith, for Upper Mill Mining (aec)
10/24/200012 MOTION by USA as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining for Disclosure of Grand Jury and other materials (ejs)
10/24/200013 SUMMONS returned executed 10/13/00 as to Elster McClanahan (eps)
10/24/200014 SUMMONS returned executed 10/17/00 as to Rapoca Energy Co (eps)
10/24/200015 SUMMONS returned executed 10/17/00 as to Upper Mill Mining (eps)
10/24/200016 SUMMONS returned executed 10/12/00 as to Randall Smith (eps)
10/24/200017 ORDER as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining granting [12-1] motion for Disclosure of Grand Jury and other materials as to Rapoca Energy Co (1), Gary Horn (2), Elster McClanahan (3), Randall Smith (4), Upper Mill Mining (5) ( Signed by Magistrate Judge Pam M. Sargent ) (ejs)
10/24/200018 ORDER as to Randall Smith granting in part, denying in part [10-1] motion for Discovery as to Randall Smith (4) ( Signed by Judge James P. Jones ) (eps) (Entered: 10/25/2000)
11/03/200019 MOTION by USA as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining to allow copying of grand jury material (eps)
11/03/200020 ORDER as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining granting [19-1] motion to allow copying of grand jury material as to Rapoca Energy Co (1), Gary Horn (2), Elster McClanahan (3), Randall Smith (4), Upper Mill Mining (5) ( Signed by Judge James P. Jones ) (fne)
11/07/200021 AMENDED MOTION by Randall Smith for Discovery (eps)
11/13/2000  Notice of Appearance of Counsel Stephen M. Hodges as co-counsel for Rapoca Energy Co (aec)
11/14/200022 MOTION by Randall Smith for Continuance in the Interests of Justice (aec)
11/14/200023 ORDER as to Rapoca Energy Co granting in part, denying in part [2-1] motion for Discovery as to Rapoca Energy Co (1) ( Signed by Judge James P. Jones ) (aec)
11/15/2000  NOTICE Motion Hearing set at 1:00 11/29/00 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Randall Smith, for Upper Mill Mining [22-1] motion for Continuance in the Interests of Justice (aec)
11/27/200024 MOTION by Gary Horn, Upper Mill Mining for Continuance in the Interests of Justice (aec)
11/28/200025 MOTION by Gary Horn, Upper Mill Mining for Discovery , and for Inspection (eps)
11/28/2000  ORDER as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining granting [25-1] motion for Discovery as to Gary Horn (2), Upper Mill Mining (5), granting [25-2] motion for Inspection as to Gary Horn (2), Upper Mill Mining (5) ( Signed by Judge James P. Jones ) (fne)
11/28/200026 ORDER as to Gary Horn, Upper Mill Mining granting [25-1] motion for Discovery as to Gary Horn (2), Upper Mill Mining (5), granting [25-2] motion for Inspection as to Gary Horn (2), Upper Mill Mining (5) ( Signed by Judge James P. Jones ) (fne)
11/29/200027 MOTION by USA as to Rapoca Energy Co to provide at its cost, a copy of discovery material to Upper Mill and Gary Horn. (fne)
11/29/200028 MOTION by Elster McClanahan for Emmitt F. Yeary and Michael A. Bragg to Withdraw as Attorney (aec)
11/29/2000  Motion hearing held as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining re: [28-1] motion for Emmitt F. Yeary and Michael A. Bragg to Withdraw as Attorney, [24-1] motion for Continuance in the Interests of Justice, [22-1] motion for Continuance in the Interests of Justice Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget Dickert, OCR) (aec)
11/29/2000  Oral Order as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining granting [28-1] motion for Emmitt F. Yeary and Michael A. Bragg to Withdraw as Attorney; (Terminated attorney Emmitt F. Yeary for Elster McClanahan as to Elster McClanahan (3), granting [24-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Gary Horn (2), Upper Mill Mining (5), granting [22-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Randall Smith (4) ( Entered by Judge James P. Jones ) (aec)
11/29/200029 CORPORATION RESOLLUTION OF Upper Mill Mining (aec)
11/29/2000  Arraignment as to Upper Mill Mining ( presiding Judge James P. Jones Court Reporter: Bridget Dickert, OCR) Defendant present with counsel, entered pleas of Not Guilty to all counts. (aec)
11/29/200030 ORDER as to Rapoca Energy Co granting [27-1] motion to provide at its cost, a copy of discovery material to Upper Mill and Gary Horn. as to Rapoca Energy Co (1) ( Signed by Judge James P. Jones ) (aec) (Entered: 11/30/2000)
11/30/2000  NOTICE resetting Jury Trial for 9:00 4/2 thru 6/01 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Smith, for Upper Mill Mining (aec)
11/30/2000  NOTICE setting Pretrial Conference for 10:00 3/9/01 for Rapoca Energy Co, for Gary Horn, for Elster McClanahan, for Randall Smith, for Upper Mill Mining (aec)
11/30/200031 ORDER as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining (follows oral order granting [24-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Gary Horn (2), Upper Mill Mining (5), granting [22-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Randall Smith (4) entered 11/29/00 ) ( Signed by Judge James P. Jones ) (aec)
12/01/2000  COURT REPORTER NOTES as to defendant Rapoca Energy Co filed in Abingdon Division by Court Reporter Bridget Dickert Carton # 00CR5 for hearing date 11/29/00 for PTC (fne)
12/11/200032 ORDER as to Elster McClanahan, Substituting Attorney terminated attorney Emmitt F. Yeary for Elster McClanahan Added Robert M. Galumbeck (follows oral order granting [28-1] motion for Emmitt F. Yeary and Michael A. Bragg to Withdraw as Attorney; (Terminated attorney Emmitt F. Yeary for Elster McClanahan as to Elster McClanahan (3), granting [24-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Gary Horn (2), Upper Mill Mining (5), granting [22-1] motion for Continuance in the Interests of Justice; Time excluded from 12/29/00 to 4/2/01 as to Randall Smith (4) entered 11/29/00 ) ( Signed by Judge James P. Jones ) (ejs)
12/11/200033 WAIVER OF SPEEDY TRIAL by Elster McClanahan (aec)
12/13/200034 WAIVER OF SPEEDY TRIAL by Randall Smith (eps)
03/05/200135 FIRST MOTION by Rapoca Energy Co in Limine (ejs)
03/05/200136 SECOND MOTION by Rapoca Energy Co in Limine (ejs)
03/07/200137 MOTION by Gary Horn for Misjoinder , and to Sever (fne)
03/07/2001  NOTICE:, Motion Hearing set at 10:00 3/9/01 for Gary Horn [37-1] motion for Misjoinder, [37-2] motion to Sever (fne)
03/08/200138 MOTION by Rapoca Energy Co for Disclosure of Trial Witness and Exhibits 14 days prior to trial (ejs)
03/09/2001  COURT REPORTER NOTES as to defendant Rapoca Energy Co, defendant Gary Horn, defendant Elster McClanahan, defendant Randall Smith, defendant Upper Mill Mining filed in Abingdon Division by Court Reporter Bridget A. Dickert, OCR Carton # 01-CR-01 for hearing date 3/9/01 for Pretrial Hearing (ejs)
03/09/200139 MOTION by USA as to Rapoca Energy Co to Dismiss Indictment (ejs)
03/09/200140 PLEA AGREEMENT as to Elster McClanahan (ejs)
03/09/200141 PLEA AGREEMENT as to Randall Smith (ejs)
03/09/2001  Pre-trial conference as to Rapoca Energy Co, Gary Horn, Elster McClanahan, Randall Smith, Upper Mill Mining Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
03/09/200142 ORDER as to Rapoca Energy Co denying [39-1] motion to Dismiss Indictment as to Rapoca Energy Co (1), denying [38-1] motion for Disclosure of Trial Witness and Exhibits 14 days prior to trial as to Rapoca Energy Co (1), denying [36-1] motion in Limine as to Rapoca Energy Co (1), denying [35-1] motion in Limine as to Rapoca Energy Co (1) ( Signed by Judge James P. Jones ) (ejs)
03/09/200143 ORDER as to Rapoca Energy Co, setting Jury Trial for 9:00 4/2/01 for Rapoca Energy Co and setting pretrial matters ( Signed by Judge James P. Jones ) (ejs)
03/12/200144 FIRST MOTION by Gary Horn, Upper Mill Mining in Limine (ejs)
03/12/200145 SECOND MOTION by Gary Horn, Upper Mill Mining in Limine (ejs)
03/13/200146 Notice of Withdrawal From Joint Defense Agreement by Randall Smith (ejs)
03/19/2001  RETURN of witness subpoena as to James Stanley executed 03/16/01 (aec)
03/19/2001  RETURN of witness subpoena as to Joe Ray executed 03/14/01 (aec)
03/19/2001  RETURN of witness subpoena as to Harold Music executed 03/14/01 (aec)
03/19/2001  RETURN of witness subpoena as to Ralph Shortridge executed 03/16/01 (aec)
03/19/2001  NOTICE setting Guilty Plea Hearing for 10:00 3/20/01 for Elster McClanahan (aec)
03/19/2001  COURT REPORTER NOTES as to defendant Rapoca Energy Co filed in Abingdon Division by Court Reporter Bridget A. Dickert Carton # 01-CR-01 for hearing date 3/19/01 for Pretrial Motion (ejs)
03/20/2001  Payment of $ 125.00 Receipt # 99273 by Elster McClanahan (ejs)
03/20/200147 WAIVER OF INDICTMENT by Elster McClanahan (ejs)
03/20/2001  COURT REPORTER NOTES as to defendant Elster McClanahan filed in Abingdon Division by Court Reporter Bridget Dickert, OCR Carton # 01-CR-01 for hearing date 3/20/01 for Guilty Plea (fne)
03/20/200148 SUPERSEDING INFORMATION as to Elster McClanahan (3) count(s) 1s, 2s (ejs)
03/20/2001  Guilty Plea Hearing as to Elster McClanahan, Guilty: Elster McClanahan (3) count(s) 1s, 2s Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
03/20/2001  NOTICE setting Sentencing for 10:00 6/19/01 for Elster McClanahan (aec)
03/21/2001  NOTICE setting Guilty Plea Hearing for 10:30 3/26/01 for Randall Smith (aec)
03/22/200149 WAIVER OF TRIAL BY JURY by Rapoca Energy Co (ejs)
03/23/200150 SUPERSEDING INFORMATION as to Rapoca Energy Co (1) count(s) 1s (aec)
03/23/200151 PLEA AGREEMENT as to Rapoca Energy Co (aec)
03/23/2001  NOTICE setting Guilty Plea Hearing for 10:00 4/2/01 for Rapoca Energy Co, for Randall Smith, for Upper Mill Mining (aec)
03/26/200152 SUPERSEDING INFORMATION as to Randall Smith (4) count(s) 1s, 2s (ejs)
03/26/200153 WAIVER OF INDICTMENT by Randall Smith (ejs)
03/26/2001  Guilty Plea Hearing as to Randall Smith, Guilty: Randall Smith (4) count(s) 1s, 2s Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
03/26/2001  NOTICE setting Sentencing for 10:00 7/6/01 for Randall Smith (aec)
03/29/2001  COURT REPORTER NOTES as to defendant Randall Smith filed in Abingdon Division by Court Reporter Bridget A. Dickert, OCR Carton # 01-CR-01 for hearing date 3/26/01 for Guilty Plea Hearing (ejs)
04/02/200154 SUPERSEDING INFORMATION as to Gary Horn (2) count(s) 1s (ejs)
04/02/200155 PLEA AGREEMENT as to Gary Horn, Upper Mill Mining (ejs)
04/02/2001  Surety Bond in the amount of $1,300,000.00 by Rapoca Energy Co filed pursuant to plea agreement. (ejs)
04/02/2001  Payment of $ 700,000.00 Receipt # 99285 by Rapoca Energy Co (ejs)
04/02/2001  Payment of $ 25,025.00 Receipt # 99283 by Gary Horn, Upper Mill Mining (ejs)
04/02/2001  Guilty Plea Hearing as to Gary Horn, Guilty: Gary Horn (2) count(s) 1s Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
04/02/2001  Guilty Plea Hearing as to Upper Mill Mining, Guilty: Upper Mill Mining (5) count(s) 1-2, 3-4, 5-10, 11-12, 13-14, 15, 16-17, 18-20, 21-36 Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
04/02/2001  Guilty Plea Hearing as to Rapoca Energy Co, Guilty: Rapoca Energy Co (1) count(s) 1s, 13-14, 30-31 Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
04/02/2001  NOTICE setting Sentencing for 10:30 8/3/01 for Rapoca Energy Co, for Gary Horn, for Upper Mill Mining (aec)
04/04/2001  COURT REPORTER NOTES as to defendant Rapoca Energy Co, defendant Gary Horn, defendant Upper Mill Mining filed in Abingdon Division by Court Reporter Bridget A. Dickert, OCR Carton # 01-CR-02 for hearing date 4/2/01 for Guilty Plea (ejs)
04/06/2001  Payment of $ 125.00 Receipt # 99290 by Randall Smith (fne)
04/18/200156 TRANSCRIPT filed in case as to Rapoca Energy Co, Gary Horn, Upper Mill Mining for Guilty Plea on 4/2/01 Bridget A. Dickert (OCR) (ejs)
05/23/200157 MOTION by Randall Smith for Downward Departure (aec)
06/13/2001  NOTICE resetting Sentencing for 9:00 8/3/01 for Gary Horn, for Upper Mill Mining (aec)
06/19/200158 CONDITIONAL MOTION by USA as to Elster McClanahan for Reduction in Sentence/Substantial Assistance (aec)
06/19/2001  Motion hearing held as to Elster McClanahan re: [58-1] motion for Reduction in Sentence/Substantial Assistance Defendant present with counsel. ( presiding Judge James P. Jones; Court Reporter: Aaron LaDuke, OCR) (aec)
06/19/2001  Oral Order as to Elster McClanahan granting [58-1] motion for Reduction in Sentence/Substantial Assistance ( Entered by Judge James P. Jones ) (aec)
06/19/2001  Sentencing as to Elster McClanahan (3) on counts 1s, 2s; Probation term of three (3) years w/ special conditions; This term consists of one year as to Count One and three years as to Count Two, to concurrent; $3000 fine and $125 Special Assessment (SA Paid 03/20/01 by receipt #99273) Counts 3-4, 5 -10, 11 -12 are dismissed per defendant pleading to information. Defendant present with counsel. ( presiding Judge James P. Jones; Court Reporter: Aaron LaDuke, OCR) (aec)
06/19/2001  Oral Order as to Elster McClanahan Dismissing count in original indictment that relate to defendant ( Entered by Judge James P. Jones ) (aec)
06/19/2001  Dismissal of Counts on Government Motion as to Elster McClanahan; Counts Dismissed: Elster McClanahan (3) counts 3-4, 5-10, 11-12, 18-20, 21-36 (aec)
06/19/200159 JUDGMENT IN A CRIMINAL CASE as to Elster McClanahan ( Signed by Judge James P. Jones ) (aec)
06/26/2001  COURT REPORTER NOTES as to defendant Elster McClanahan filed in Roanoke Division by Court Reporter Aaron LaDuke, OCR Carton # CR 472 for hearing date 6/19/01 for Sentencing (ejs) (Entered: 11/28/2001)
07/06/200160 MOTION by USA as to Randall Smith for Downward Departure (ejs)
07/06/2001  Dismissal of Count(s) on Government Motion as to Randall Smith [57-1] motion for Downward Departure as to Randall Smith (4) Counts Dismissed: Randall Smith (4) count(s) 1-2, 3-4, 5-10, 15, 16-17 (ejs)
07/06/2001  Sentencing Randall Smith (4) count(s) 1s, 2s . Two years probation w/special conditions; $125.00 special assessment Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert) (ejs)
07/06/200161 JUDGMENT IN A CRIMINAL CASE as to Randall Smith ( Signed by Judge James P. Jones ) (ejs)
07/06/2001  Oral Order as to Randall Smith granting [60-1] motion for Downward Departure as to Randall Smith (4) ( Entered by Judge James P. Jones ) (ejs)
07/18/2001  NOTICE resetting Sentencing for 10:00 9/13/01 for Gary Horn, for Upper Mill Mining (aec)
07/20/2001  NOTICE resetting Sentencing for 10:00 9/13/01 for Rapoca Energy Co (aec)
08/17/200162 SATISFACTION OF JUDGMENT re: Elster McClanahan (ejs)
08/17/2001  Update disposition information as to Elster McClanahan (3) count(s) 1s, 2s . Probation term of three (3) years w/ special conditions; This term consists of one year as to Count One and three years as to Count Two, to run concurrent; $3000 fine and $125 Special Assessment (SA Paid 03/20/01 by receipt #99273)(Satisfaction of Judgment received 8/17/01) (ejs)
09/13/2001  Dismissal of Count(s) on Government Motion as to Gary Horn Counts Dismissed: Gary Horn (2) count(s) 3-4, 11-12 (ejs)
09/13/2001  Sentencing Gary Horn (2) count(s) 1s. Three years probation w/special conditions; $25.00 special assessment; $25,000 Fine, count(s) 3-4, 11 -12 dismissed per plea agreement. Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs)
09/13/200163 JUDGMENT IN A CRIMINAL CASE as to Gary Horn ( Signed by Judge James P. Jones ) (ejs)
09/13/2001  Sentencing Upper Mill Mining (5) count(s) 1-2, 3 -4 , 5 -10 , 11 -12 , 13 -14 , 15 - 17, 18-20, 21-36 . Three years probation w/special conditions; $10,550.00 Special Assessment Defendant(s) present with counsel. ( presiding Judge James P. Jones Court Reporter: Bridget A. Dickert, OCR) (ejs) (Entered: 09/14/2001)
09/13/2001  Sentencing as to Rapoca Energy Co (1) counts 1s, 13-14, 30-31; Thirty (30) months probation w/ special conditions; Fine of $60,000; SA $1175.00 and Restitution in the amount of $1,938,825; Counts 1-2, 3 -4 , 5 -10 , 11 -12 , 15 , 16 -17 are dismissed per plea agreement and order of the court; Defendant present with counsel. (presiding Judge James P. Jones; Court Reporter: Bridget Dickert, OCR) (aec) (Entered: 09/17/2001)
09/13/2001  Dismissal of Counts on Government Motion as to Rapoca Energy Co; Counts Dismissed: Rapoca Energy Co (1) count 1-2, 3-4, 5-10, 11-12, 15, 16-17, 18-20, 21-29 (aec) (Entered: 09/17/2001)
09/13/2001  COURT REPORTER NOTES as to defendant Rapoca Energy Co, defendant Gary Horn, defendant Upper Mill Mining filed in Abingdon Division by Court Reporter Bridget Dickert Carton # 01-CR-03 for hearing date 09/13/01 for Sentencings (aec) (Entered: 09/17/2001)
09/14/200164 JUDGMENT IN A CRIMINAL CASE as to Upper Mill Mining ( Signed by Judge James P. Jones ) (ejs)
09/17/2001  Dismissal of Counts on Government Motion as to Rapoca Energy Co; Counts Dismissed: Rapoca Energy Co (1) count(s) 32-36 (aec)
09/17/200165 JUDGMENT IN A CRIMINAL CASE as to Rapoca Energy Co ( Signed by Judge James P. Jones ) (aec)
09/25/200166 SATISFACTION OF JUDGMENT re: Gary Horn (fne)
09/28/200167 ORDER as to Rapoca Energy Co. wherein the Clerk is to issue a check to Lisa Justice for $4000 and to SunTrust Bank in the amount of $96,000 and whatever else the order states ( Signed by Judge James P. Jones ) (aec)
10/16/200168 ORDER that the Clerk is directed to make payment from the funds previously deposited by the defendant in the amount of $100,00 to Billy Clyde Blankenship as to Rapoca Energy Co ( Signed by Judge James P. Jones ) (ejs)
01/24/200269 ORDER as to Rapoca Energy Co, approving SunTrust Bank as the trustee to administer the trust and whatever else the order states ( Signed by Judge James P. Jones ) (fne)
01/24/200270 Copy of Irrevocable Trust Agreement between Rapoca Energy Company and Sun Trust Bank (fne)
04/22/200271 ORDER as to Rapoca Energy Co wherein SunTrust Bank is approved as the trustee to administer the trust and whatever else the order states( Signed by Judge James P. Jones ) (aec)
04/22/200272 Copy of Irrevocable Trust Agreement (aec)
05/24/200273 ORDER as to Rapoca Energy Co wherein SunTrust Bank is approved as trustee to administer trust, and whatever else the order states ( Signed by Judge James P. Jones ) (ejs)
08/15/200274 PETITION/MOTION by Lisa Justice to Amend trust agreement (aec)
08/15/2002  NOTICE Motion Hearing set for August 23, 2002 @ 3:00 pm for [74-1] motion to Amend trust agreement (aec)
08/23/2002  Motion hearing held as to Rapoca Energy Co re: [74-1] motion to Amend trust agreement. Court request that a draft amendment be submitted. ( presiding Judge James P. Jones Court Reporter: Bridget Dickert, OCR) (fne) (Entered: 08/26/2002)
08/23/2002  Exhibit 1 of Petitioner filed this date by Lisa Justice as to Rapoca Energy Co (fne) (Entered: 08/26/2002)
09/06/2002  COURT REPORTER NOTES as to defendant Rapoca Energy Co filed in Abingdon Division by Court Reporter Bridget A. Dickert, OCR Carton # 02-CR-02 for hearing date 8/23/02 for Settlement Hrg (ejs)
09/09/2002  Motion taken under advisement as to Rapoca Energy Co : [74-1] motion to Amend trust agreement under advisement as to Rapoca Energy Co (1) (aec)
11/21/200275 PETITION FOR ACTION ON CONDITIONS of Supervision for Modifying Conditions as to Elster McClanahan (fne)
11/21/200275 ORDER as to Elster McClanahan granting [75-1] petition/conditions as to Elster McClanahan (3) ( Signed by Judge James P. Jones ) (fne)
01/16/200376 ORDER wherein the petition to amend the trust agreement filed by Lisa Justice is withdrawn (Signed by Judge James P. Jones ) (aec)
04/14/200377 ORDER DISCHARGING SURETY BOND as to Rapoca Energy Co ( Signed by Judge James P. Jones ) (aec)
06/27/200378 MOTION by Rapoca Energy Co For Early Termination of Probation (lmh)
07/01/200379 ORDER as to Rapoca Energy Co granting [78-1] motion For Early Termination of Probation as to Rapoca Energy Co (1) ( Signed by Judge James P. Jones ) (lmh)
11/24/200480 Letter from Kimberly K. McFall of SunTrust Securities, Inc. re: American Enterprise Life Annunity for Lisa Justice (lmh) Additional attachment(s) added on 11/24/2004; PDF attached to docket entry (lmh)
11/24/200481 ORDER amending September 28, 2001, order. Signed by Judge James P. Jones on 11/24/2004. (Callahan, Sharon)
11/24/200482 Notice of Correction re 80 Letter; Attached PDF to document entry. (lmh)
03/04/200583  MOTION to Amend 70 Trust Agreement by Sun Trust Bank. (Attachment: (1)--Copy of Trust Agreement))(aec)
03/10/200584 ORDER granting 83 Motion to Amend/Correct as to Rapoca Energy Company (1). Signed by Judge James P. Jones on March 10, 2005. (aec)