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Date: 02-25-2022
Case Style:
Case Number: 2:21-cr-00125-EAS
Judge: 2:21-cr-00125-EAS-1
Court: United States District Court for the Southern District of Ohio (Franklin County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Columbus, Ohio criminal defense lawyer represented Defendant charged for for discharging a firearm during a drug-trafficking robbery and for cyberstalking.
Michael Bertolino, Jr., 35, of Adena, Ohio, was indicted for committing three federal crimes.
According to court documents, in December 2020, Bertolino conspired with others to plan and execute the armed robbery of a drug dealer in Cadiz, Ohio.
At a meet-up arranged through SnapChat, Bertolino and others robbed the individual of a half-pound of marijuana and 50 THC cartridges. During the robbery, as the victim was on the ground, Bertolino discharged a gun into the ground near the victim’s head.
In a separate criminal scheme, throughout all of 2020, Bertolino used social media platforms, text messages and a GPS system to cyberstalk a second victim.
The defendant created social media accounts to post derogatory statements or comments on the accounts of the victim and the victim’s friends and family members. For example, Bertolino created a Facebook account and used explicit photos of the victim for the account profile.
Bertolino also placed a GPS tracker on the victim’s vehicle and monitored the victim’s movement on his computer. He sent the victim Google Earth screenshots showing that he was tracking the victim at all times.
As part of his cyberstalking, Bertolino used a text messaging application to send the victim thousands of messages from what appeared to be 19 different phone numbers. In the messages, he threatened to kill the victim and those involved with the victim and promised to post compromising pictures of the victim online.
Bertolino pleaded guilty in July 2021 to conspiracy to possess with intent to distribute marijuana, discharging a firearm during a drug trafficking crime and cyberstalking.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Harrison County Sheriff Ronald J. Myers announced the sentence imposed by U.S. District Court Judge Edmund A. Sargus, Jr. Assistant United States Attorney S. Courter Shimeall is representing the United States in this case.
CONSPIRACY TO POSSESS CONTROLLED SUBSTANCE
(1)
VIOLENT CRIME/DRUGS/MACHINE GUN
(2)
INTERSTATE DOMESTIC VIOLENCE
(3)
18 U.S.C. § 2261 - Interstate domestic violence
(a) Offenses.—
(1) Travel or conduct of offender.—
A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(2) Causing travel of victim.—
A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(b) Penalties.—A person who violates this section or section 2261A shall be fined under this title, imprisoned—
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.
Outcome: Defendant was sentenced to 48 months imprisonment on counts 1 and 3, to run concurrently, and 120 months imprisonment on count 2 to run consecutively to counts 1 and 3. 3 years supervised release on 1 and 3, to run concurrently, and 5 years supervised release on count 2 to run Concurrently to counts 1 and 3. $300 special assessment. Forfeiture Ordered. Restitution Ordered.
Plaintiff's Experts:
Defendant's Experts:
Comments: