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USA v. Hinley et al, GA, Indictment, inmate guard smuggling scheme, 2015

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNrrso Srerns or Autsnrce
Criminal Indictment

7)

NOC35

Doruerp Howeno Hti{rsv
Oper MenIs Havnpi.i
RunpN Rurz A/K/A "FLACo,"
A/ K/ A "ScRAPPY"
Wrlrrev A. MaTTHEWS t/ r/ x
,,TWo YOUNG,,
KeNses BrRrorltNt a/

UNDER SEAL

r/ a

"GuIDo"
ANsrnR AnrrNe Wtnteus

THE GRAND JURY CHARGES THAT

At all times relevant to this indictment:
Background

1. The Georgia Department of Corrections (GDOC) is an agency of the State
of Georgia and responsible for overseeing the operations of state prisons.

Approximately 60,000 inmates are incarcerated in Georgia state prisons.

2. Increasiogty, GDOC inmates are obtaining and using cellular telephones to
further their criminal activities while incarcerated. Cellular telephones pose a
significant risk to institutional safety and security as well as public safety.

Among other things, cellular telephones are used to traffic drugs, commit fraud
schemes and organize criminal activity both inside and outside of prison.

Ctark
Llertt

Inmates regularly buy and sell cellular telephones inside of prison, many of

which are the latest models that were equipped with touch screens and L:rternet
ACCCSS.

3. Valdosta State Prison (VSP) is located in,Valdosta, Georgia and houses
adult male inmates. DONALD HOWARD HINLEY was an inmate at VSP.
\tVhile HINLEY was an inmate at VSP, he obtained cellular telephones and used

them to traffic drugs and arrange for contraband to be smuggled into GDOC

facilities.

4. \tVhile he was an inmate at VSP, HINLEY obtained multiple cellular
telephones and used them frequently to traffic drugs and, on at least one
occasiory to plan a violent assault on another inmate in retaliation for the inmate

agreeing to cooperate with law enJorcement.

5. HINLEY'S co-conspirators, RUBEN RUIZ a/k/a 'FLACO," af kf
"SCRAPPY", WILLIAM A. MATTHEWS

a

a/k/ a "TWO YOUNG' and KANSAS

BERTOLLINI a/k/a 'GUIDO," were GDOC inmates who were recently paroled

from state custody.
The VSP Sm

Scheme

6. Typically, inmates relied on prison employees to smuggle cellular
telephones and other contraband into VSP. HINLEY routinely arranged to have
telephones, cigarettes, liquor, prescription pain medication and illegal drugs

smuggled into the prison by prison employees. ANEKRA ARTINA WILLIAMS
was a GDOC corrections officer who smuggled contraband into VSP in exchange

for bribe payments.
2

7. WILLIAMS smuggled drugs, tobacco and other items requested by
inmates into VSP. On one such occasion, WILLIAMS smuggled

methamphetamine and prescription pain medication into the prison for HINLEY

in exchange for $500.

8. [:r order to assist with the smuggling scheme, HINLEY arranged to have
the contraband packaged in a manner to avoid detection by other prison security

officers. According to telephone calls and text messages, HINLEY acquired
gallons of the "strongest" liquor smuggled into the prison in large plastic water

bottles. HINLEY instructed others to package marijuana and methamphetamine
so a correction officer could put

it "under her vest." HINLEY ordered that the

packages be tightly sealed so the packages "ant{t gonna smell."

Drus Trafficking from Inside Prison
9. While an inmate at VSP, HINLEY coordinated

a

network of illegal drug

suppliers and couriers that included, among others, OPAL MARIE HAYDEN,
RUBEN RUIZ

MATTHEWS

"GUIDO"

A/K/ A "FLACO," A/K/ A"SCRAPPY", WILLIAM
A/K/ A "TWO YOUNG," KANSAS

arrd ANEKRA

BERTOLLINT

A.

A/K/ A

ARTINA WILLIAMS. With their assistance, HINLEY

routinely brokered significant illegal drug transactions in the Atlanta
metropolitan area and in other areas of Georgia.
10. On multiple occasions, while an inmate at VSP and using a cellular
telephone that had been smuggled into that institutioru HINLEY coordinated the
purchase and sale of illegal narcotics. In recorded telephone calls, HINLEY
bragged "we have good prices and good product."
a

J

11. On one occasion, HINLEY used his contraband cellular telephone to call
an inmate at Telfair State Prison (TSP). HINLEY instructed his associate to

kill

a

fellow TSP inmate after HINLEY confirmed that the cooperating inmate was " a
snitch" and likely to be a prosecution witness against HINLEY's girlfriend, who
had been arrested for drug trafficking. At the time, HINLEY's girlfriend worked
as a drug courier

in HINLEY's drug organtzatron and was a defendant in a state

narcotics case. HINLEY also instructed his inmate associate to commit more
assaults outside the prison in the event his inmate associate was released from

custody. HINLEY ordered his associate to "shoot every one" of the witness'
family members and said ".

. . pop

them all off, kids, grandmamas, daddies, I

don t give a fuck, right?" In a subsequent recorded telephone call to his

girlfriend, HINLEY btagged,"I got the best partr:rer I have down there [TSP] to
get him [the cooperating inmate]. I mean a straight fucking killing machine . . . ."

Immediately after law enforcement learned of HINLEY's plan, the cooperating
inmate was placed in protective custody.
Count One

12. The Grand Jury re-alleges and incorporates by reference Paragraphs
through

11,, as

1

if fully set forth herein.

13. Beginning in or about August,

201,4,

the exact date being unknown to the

Grand lury, and continuing until on or about April 22,2015, in the Northern

District of Georgia, arrd elsewhere, the defendants, DONALD HOWARD
HINLELY, OPAL MARIE HAYDEN, RUBEN RUIZ a/k/ a"Flaco," a/k/
"Scrappy," WILLIAM A. MATTHEWS a/k/ a "TwoYoungi' KANSAS
4

a

BERTOLLINI a/k/a "Gt)ido," and ANEKRA ARTINA WILLIAMS, did

knowingly combine, conspire, confederate, agree, and have a tacit understanding

with each other, and with other persons known and unknown to the Grand Jarlr
to violate Title 2L, United States Code, Section 841(a)(1), that is to possess

with

the intent to distribute controlled substances, said conspiracy involving at least
50 grams of a mixture and substance containing a detectable amount

of

methamphetamine, a Schedule II controlled substance, in violation of Title 2L,

United States Code, Sections 841(a)(1),841(b)(1XC) and 846.
Count Two
14. The Grand Jury re-alleges and incorporates by reference Paragraphs

through

11., as

1

if fully set forth herein.

L5. On or about lune 6,201,4, in the Northern District of Georgia and
elsewhere, the defendants, DONALD HOWARD HINLEY and OPAL MARIE

HAYDEN, did knowingly and intentionally distribute

a

controlled substance,

said distribution involving a mixture and substance containing a detectable

amount of methamphetamine, a Schedule II controlled substance, in violation of
Title21., United States Code, Sections 8a1(a)(1),841(bX1XC) and Title 18, United
States Code, Section 2.

Count Three
16. The Grand ]ury re-alleges and incorporates by reference Paragraphs
through 11, as if fully set forth herein.

5

L

17. Onor about August

6,201,4,

in the Northern District of Georgia and

elsewhere, the defendants, DONALD HOWARD HINLEY and OPAL MARIE

HAYDEN, did knowirgly and intentionally distribute

a

controlled substance,

said distribution involving a mixture and substance containing a detectable

amount of methamphetamine, a Schedule II controlled substance, in violation of

Title 21.,Un1ted States Code, Sections 841(a)(1), 841(b)(1)(C) and Title

LB,

United

States Code, Section 2.

Count Four

18, The Grand Jury re-alleges and incorporates by reference Paragraphs L
through

11., as

if fully set forth herein.

19. On or about September 20,2014, in the Northern District of Georgia and
elsewhere, the defendants, DONALD HOWARD HINLEY, OPAL MARIE

HAYDEN, WILLIAM A. MATTHEWS a/k/a "Two Yortrtg," and ANEKRA
ARTINA WILLIAMS, did knowingly and intentionally distribute
substance, said distribution

involvi.g, mixture

a

controlled

and substance containing a

detectable amount of methamphetamine, a Schedule II controlled substance, in

violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) and Title
1-8,

United States Code, Section 2.
Count Five

20. The Grand Jury re-alleges and incorporates by reference Paragraphs 1
through

11., as

if fully set forth herein.

21. Beginning on a date unknown to the Grand Jury but by at least on or
about September 20,20L4, in the Northern District of Georgia, ar.d elsewhere, the
6

defendant, ANEKRA ARTINA WILLIAMS, and other persons known and

unknown to the grand jurf , did knowi.gly combine, conspire, confederate,
agree, and have a tacit understanding with each other, to unlawfully affect and

attempt to affect in any way and degree, cofiunerce and the movement of any
article and commodity in commerce by extortiory as those terms are defined in

Title 18, United States Code, Section 1951,(b), in violation of Title 18, United States
Code, Section 1951(a).

Count Six

22. The Grand Jury re-alleges and incorporates by reference Paragraphs

1

through 77, as if fully set forth herein.
23. On or about April 22,2015, in the Northern District of Georgia and
elsewhere, the defendants, DONALD HOWARD HINLEY and KANSAS

BERTOLLINI a/k/a "Guido," did knowingly and intentionally distribute a

cqnftolled substance, said distribution involving at least 50 grams of a mixfure
and substance containing a detectable amount of methamphetamine, a Schedule

II controlled substance, in violation of Title 21, United States Code, Sections
B 1(a)(1), 841(bX1XC) and Title 1B, United States Code, Section

2.

Forfeiture
24.The allegations contained in Counts One through Four and Six of this

Indictment are hereby re-alleged and incorporated by reference for the purpose
of alleging forfeitures pursuant to Title
25.

21,,

United States Code, Section 853.

Pursuant to Title 21, United States Code, Section 853, upon conviction of

an offense in violation of Tltle21,, United States Code, Section 84L, the
7

defendants, DONALD HOWARD HINLELY, OPAL MARIE HAYDEN, RUBEN

RUIZ a/k/ a"Flaco," a/k/ a"Scrappy," WILLIAM A. MATTHEWS a/k/a "Two
Young," KANSAS BERTOLLINI a/k/a "Gutido," and ANEKRA ARTINA

WILLIAMS, shall forfeit to the United States of America arry property
constituting, or derived from, any proceeds obtained, directly or indirectly, as the
result of such offenses and any property used, or intended to be used, in any
manner or par! to commit, or to facilitate the commission of, the offenses. The

property to be forfeited includes, but is not limited to, a sum of money
representing the amount of proceeds obtained as a result of the drug offenses.

26.In additiory upon conviction of an offense in violation of Title 18, United
States Code, Section 195L(a), the defendant ANEKRA ARTINA WILLIAMS,

shall forfeit to the United States any property constituting, or derived from, any
proceeds obtained, directly or indirectly, as the result of such offense pursuant to

Title 18, United States Code, Section 9Bf (a)(1)(C) and Title 28, United States
Code, Section 246L.

27.If any of the property described above, as a result of any act or omission
of the defendant[s]:
a. cannot be located upon the exercise of due diligence;
b.

has been transferred or sold to, or deposited

with, a third

paft!;
C

has been placed beyond the jurisdiction of the

d.

has been substantially diminished in value; or

8

cour!

e.

.

has been commingled with other property which cannot be

divided without difficulty,

the United States of America shall be entitled to forfeiture of substitute property

pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title
18, United States Code, Section 982(b).

A

TRui
FOREPERSON

Jou N A. HonN
Uni

tates

A

TR.
rst Assistant United States Attorney
No.249953

RENT ATEN

Y

Assistant United States Attorney
Georgia Bar No. 155085
600 U.S. Courthouse
75 Ted Turner Drive, S.W.
At1anta, GA 30303
404-581,-6000; Fax: 40 4-58L-6181.

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BILL