Date: 04-29-2022

Case Style:

United States of America v. Brandon Beverly

Case Number: 2:21-cr-260

Judge: John T. Copenhaver

Court: United States District Court for the Southern District of West Virginia (Kanawha County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: Sebastian Joy

Description: Charleston, West Virginia criminal defense lawyer represented defendant charged with attempting to demage poroperty of an energy facility.
Brandon Beverly, 46, of Whitesville, helped to steal specialized mine equipment from the known mine in May and June 2019, resulting in more than $5,000 in damage.

Beverly is scheduled to be sentenced on July 28, 2022, and faces a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine.

“I commend the West Virginia State Police and Lt. A.S. Perdue as well as the Federal Bureau of Investigation for their work on this case,” said United States Attorney Will Thompson. “I also applaud Assistant United States Attorneys Kathleen Robeson and Nowles Heinrich and the trial team for securing a guilty verdict. There is an extensive history of such wrongdoing in the Southern District, and this prosecution shows it won’t be tolerated. These crimes harm not just these facilities but the people who work at them.”

Senior United States District Judge John T. Copenhaver, Jr. presided over the jury trial.

AIDING AND ABETTING THE DESTRUCTION OF AN ENERGY FACILITY
(1)12/14/2021 25 INDICTMENT as to Brandon Beverly (1) count 1. (arb) (Entered: 12/15/2021)
12/14/2021 26 INDICTMENT - Unredacted Copy for Court Users Only as to Brandon Beverly. (arb) (Entered: 12/15/2021)
12/14/2021 CASE as to Brandon Beverly assigned to Senior Judge John T. Copenhaver, Jr. (klc) (Entered: 12/15/2021)
12/15/2021 29 ORDER as to Brandon Beverly directing that a bench warrant be issued forthwith for the defendant. Signed by Magistrate Judge Dwane L. Tinsley on 12/15/2021. (cc: Judge, USA, USM, USP) (arb)
12/15/2021 30 ORDER as to Brandon Beverly; directing that the Initial Appearance, Arraignment and bond revocation hearing is set for 12/20/2021 at 3:00 p.m., in Charleston before Magistrate Judge Dwane L. Tinsley. Due to the recent indictment in this matter, the bond revocation hearing previously scheduled for 11:00 a.m. on 12/16/2021, in Case No. 2:21-mj-00115 is cancelled. Signed by Magistrate Judge Dwane L. Tinsley on 12/15/2021. (cc: Judge, USP, USM, counsel of record, deft, CJA Supervising Attorney) (lca)
12/20/2021 31 INITIAL APPEARANCE, ARRAIGNMENT and BOND REVOCATION HEARING as to Brandon Beverly held by Magistrate Judge Dwane L. Tinsley on 12/20/2021; Court Reporter: Court Smart. (kab)
12/20/2021 32 MOTION to be Relieved of Appointment as Counsel as to Brandon Beverly by Gerald M. Titus III. (Titus, Gerald)
12/20/2021 33 ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to Brandon Beverly. Arraignment held on 12/20/2021. Jury Trial set for 2/15/2022 at 9:30 AM in Charleston before Senior Judge John T. Copenhaver, Jr. Pretrial Motions Hearing set for 1/25/2022 at 1:30 PM in Charleston. Pretrial motions due by 1/18/2022. Proposed Voir Dire Questions and Jury Instructions due by 2/9/2022. Proposed Witness List due by 2/11/2022. Defendant detained. Signed by Magistrate Judge Dwane L. Tinsley on 12/20/2021. (cc: Judge, USA, USP, USM, counsel, deft) (kew)
12/21/2021 34 ORDER as to Brandon Beverly; re: hearing held 12/20/2021; directing that Gerald Titus, III is appointed as counsel to represent the defendant; defendant is ordered detained and remanded to the custody of the United States Marshal. Signed by Magistrate Judge Dwane L. Tinsley on 12/21/2021. (cc: Judge, USP, USM, counsel of record, deft) (lca)
12/21/2021 35 DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY OBLIGATIONS as to Brandon Beverly. Signed by Magistrate Judge Dwane L. Tinsley on 12/21/2021. (cc: Judge, counsel of record) (lca)
12/21/2021 36 ORDER as to Brandon Beverly; directing that a hearing on the 32 MOTION to be Relieved of Appointment as Counsel is set for 12/23/2021 at 1:30 p.m. Signed by Magistrate Judge Dwane L. Tinsley on 12/21/2021. (cc: Judge, USP, USM, counsel of record, deft) (lca)
12/23/2021 37 MOTION HEARING as to Brandon Beverly held by Magistrate Judge Dwane L. Tinsley on 12/23/2021; Court Reporter: Court Smart. re: 32 MOTION to be Relieved of Appointment as Counsel as to Brandon Beverly by Gerald M. Titus III. filed by Brandon Beverly (kab)
12/23/2021 ATTORNEY UPDATE: Sebastian M. Joy for Brandon Beverly added pursuant to Order of even date. (msa)
12/23/2021 38 ORDER as to Brandon Beverly; upon hearing held 12/23/2021, directing that for reasons more fully stated on record and incorporated herein by reference the 32 MOTION to be Relieved of Appointment as Counsel by Gerald M. Titus III, is GRANTED; that Gerald M. Titus III, is relieved as counsel for the defendant in this matter; that Sebastian M. Joy is appointed as counsel for the defendant in this criminal action; that the Bond Revocation Hearing shall now take place on 1/4/2022, at 1:30 p.m. in Charleston. Signed by Magistrate Judge Dwane L. Tinsley on 12/23/2021. (cc: Judge, defendant, all counsel of record, CJA Supervising Attorney, USP, USM) (msa)
12/23/2021 ATTORNEY UPDATE in case as to Brandon Beverly: Attorney Gerald M. Titus, III terminated pursuant to 38 Order. (msa)
01/03/2022 39 RESPONSE by United States of America TO STANDARD DISCOVERY REQUESTS as to Brandon Beverly AND REQUEST BY USA for Reciprocal Discovery. (Robeson, Kathleen) Modified text on 1/4/2022 to conform to filed document (cbo).
01/04/2022 40 BOND REVOCATION HEARING as to Brandon Beverly held by Magistrate Judge Dwane L. Tinsley on 1/4/2022; Court Reporter: Court Smart. (kab)
01/04/2022 41 WAIVER OF RIGHT TO A BOND REVOCATION HEARING as to Brandon Beverly. (lca)
01/04/2022 42 ORDER as to Brandon Beverly, re: hearing held 1/4/2022; directing that the 17 Appearance Bond is revoked and the 18 Order Setting Conditions of Release is vacated; defendant is remanded to the custody of the United States Marshal. Signed by Magistrate Judge Dwane L. Tinsley on 1/4/2022. (cc: Judge, USP, USM, counsel of record, deft) (lca)
01/12/2022 43 MOTION to Continue Jury Trial and All Deadlines as to Brandon Beverly (Joy, Sebastian)
01/19/2022 44 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nowles Heinrich appearing as to Brandon Beverly. (Heinrich, Nowles)
01/19/2022 45 ORDER as to Brandon Beverly granting the 43 Motion to Continue Trial and all Deadlines to the extent that the trial and related dates are continued as set forth herein; the trial is continued to 3/22/2022, at 9:30 a.m.; Pretrial motions due on or before 2/24/2022. Pretrial Motions Hearing set for 3/3/2022, at 1:30 p.m. that the time for filing voir dire and jury instructions and the time for filing the witness list are continued to six (6) and four (4) days before the trial, respectively; that the period of delay between 2/15/2022, and 3/22/2022, is excludable. Signed by Senior Judge John T. Copenhaver, Jr. on 1/19/2022. (cc: Judge, defendat, all counsel of record, the United States Probation Department, and the United States Marshal) (msa)
02/28/2022 46 ORDER as to Brandon Beverly, directing that the pretrial motions hearing set for 3/3/2022 is cancelled. Signed by Senior Judge John T. Copenhaver, Jr. on 2/28/2022. (cc: Judge, USP, USM, counsel of record, deft) (lca)
03/04/2022 47 LETTER TO CLERK requesting issuance of Trial subpoenas as to Brandon Beverly. Issued original and 1 subpoena. (Attachments: # 1 Subpoena for David Blanchard, # 2 USM-285) (mkw)
03/04/2022 48 LETTER TO CLERK requesting issuance of Trial subpoenas as to Brandon Beverly. Issued original + 1 subpoena. (Attachments: # 1 Subpoena for William "Red" Snyder, # 2 USM-285) (mkw)
03/11/2022 49 RETURN OF SERVICE ON SUBPOENA for David Blanchard. (lca)
03/11/2022 50 RETURN OF SERVICE ON SUBPOENA for William "Red" Snyder. (lca)
03/15/2022 51 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on March 22, 2022 at 9:30 a.m. in Judge Copenhaver's Courtroom in Charleston, West Virginia as to Brandon Beverly (Robeson, Kathleen) (Main Document 51 replaced on 3/16/2022) (cbo).
03/16/2022 NOTICE OF DOCKET CORRECTION re: 51 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY. ERROR: Original image contained incorrect case number. CORRECTION: Image removed and replaced with corrected image. (cbo)
03/16/2022 52 ORDER as to Brandon Beverly, directing that the Trial is reset for 4/12/2022 at 9:30 AM in Charleston before Senior Judge John T. Copenhaver, Jr. Signed by Senior Judge John T. Copenhaver, Jr. on 3/16/2022. (cc: Judge, USP, USM, counsel of record, deft) (lca)
03/16/2022 53 PROPOSED JURY INSTRUCTIONS by Brandon Beverly (Joy, Sebastian)
03/16/2022 54 PROPOSED VOIR DIRE by Brandon Beverly (Joy, Sebastian)
03/16/2022 55 TRIAL BRIEF by Brandon Beverly (Joy, Sebastian)
03/16/2022 56 PROPOSED JURY INSTRUCTIONS by United States of America as to Brandon Beverly (Robeson, Kathleen)
03/16/2022 57 PROPOSED VOIR DIRE by United States of America as to Brandon Beverly (Robeson, Kathleen)
03/17/2022 58 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on 4/12/2022 at 8:00 AM, Judge Copenhaver's Courtroom in Charleston WV as to Brandon Beverly (Joy, Sebastian)
03/18/2022 59 ORDER as to Brandon Beverly, upon reconsideration, for reasons appearing to the court, directing that the trial is scheduled for 3/29/2022, at 9:30 a.m. Signed by Senior Judge John T. Copenhaver, Jr. on 3/18/2022. (cc: Judge, defendant, all counsel of record, USP, USM) (msa)
03/21/2022 60 LETTER TO CLERK requesting issuance of Subpoenas to Testify at a Hearing or Trial as to Brandon Beverly. Issued 2 subpoenas and delivered to U.S. Marshals for service. (Attachments: # 1 subpoena as to William "Red" Snyder, # 2 USM-285 as to William "Red" Snyder, # 3 subpoena as to David Blanchard, # 4 USM-285 as to David Blanchard) (jsa)
03/22/2022 61 LETTER AND COVID-19 JUROR QUESTIONNAIRE (BLANK) as to Brandon Beverly (Attachment: # 1 Cover Letter) (ts)
03/22/2022 62 JUROR QUESTIONNAIRES as to Brandon Beverly. Jurors are randomly selected as stated in the Courts Plan Prescribing Method for the Composition of Jury Wheels and the Qualification and Random Selection of Grand and Petit Jurors located on our website www.wvsd.uscourts.gov. The number of Qualification Questionnaires transmitted may not reflect the final list of potential jurors to appear in the trial of this matter. A final Persons Attending List of potential jurors will be made available on the day of trial. (ts)
03/22/2022 63 TRIAL BRIEF by United States of America as to Brandon Beverly (Robeson, Kathleen)
03/24/2022 64 MOTION in Limine as to Brandon Beverly (Attachment: # 1 Memo from Lieutenant Perdue)(Joy, Sebastian)
03/25/2022 65 WARRANT RETURNED EXECUTED in case as to Brandon Beverly. Defendant arrested on 12/20/2021. (mfo)
03/25/2022 66 RETURN OF SERVICE ON SUBPOENA for William "Red" Snyder. (kew)
03/26/2022 67 MOTION by United States of America in Limine as to Brandon Beverly To Prohibit the Defense from Impeaching Government Witnesses by Evidence of Certain Criminal Convictions (Robeson, Kathleen)
03/28/2022 68 SECOND MOTION in Limine as to Brandon Beverly (Attachments: # 1 Exhibit 1 - Griffy Memo, # 2 Exhibit 2 - Updated Griffy Memo)(Joy, Sebastian)
03/28/2022 69 RESPONSE by United States of America as to Brandon Beverly to 68 SECOND MOTION in Limine as to Brandon Beverly (Robeson, Kathleen)
03/28/2022 70 RESPONSE by United States of America as to Brandon Beverly to 64 MOTION in Limine as to Brandon Beverly (Robeson, Kathleen)
03/28/2022 71 SUPPLEMENTAL JUROR QUESTIONNAIRES as to Brandon Beverly. Jurors are randomly selected as stated in the Courts Plan Prescribing Method for the Composition of Jury Wheels and the Qualification and Random Selection of Grand and Petit Jurors located on our website www.wvsd.uscourts.gov. The number of Qualification Questionnaires transmitted may not reflect the final list of potential jurors to appear in the trial of this matter. A final Persons Attending List of potential jurors will be made available on the day of trial. (ts)
03/28/2022 72 SUPPLEMENTAL RESPONSE TO STANDARD DISCOVERY REQUESTS by United States of America AND REQUEST FOR RECIPROCAL DISCOVERY as to Brandon Beverly (Robeson, Kathleen)
03/29/2022 73 JURY STRIKE SHEET as to Brandon Beverly. (tmr)
03/29/2022 76 JURY TRIAL as to Brandon Beverly held by Senior Judge John T. Copenhaver, Jr. on 3/29/2022; Court Reporter: Catherine Schutte-Stant. (tmr) (Entered: 04/05/2022)
03/30/2022 74 MOTION to Release Defendant on Bond Pending Trial as to Brandon Beverly (Joy, Sebastian)
04/01/2022 75 ORDER as to Brandon Beverly; defendant's oral motion for mistrial is granted and the jury discharged. Pursuant to 18 U.S.C. § 3161(e), Jury Trial reset for 4/26/2022 at 09:30 AM in Charleston before Senior Judge John T. Copenhaver, Jr.; trial subpoenas continued to 4/26/2022. Signed by Senior Judge John T. Copenhaver, Jr. on 4/1/2022. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
04/06/2022 77 RESPONSE IN OPPOSITION by United States of America as to Brandon Beverly re: 74 MOTION to Release Defendant on Bond Pending Trial as to Brandon Beverly (Robeson, Kathleen)
04/11/2022 78 WITNESS AND EXHIBIT LIST by United States of America, Brandon Beverly as to Brandon Beverly, re: hearing held 3/29/2022. (Attachments: # 1 Government's Exhibit 4, # 2 Government's Exhibit 6, # 3 Government's Exhibit 3B, # 4 Defendant's Exhibit 1, # 5 Defendant's Exhibit 2, # 6 Custody Acknowledgment and Receipt (unsigned)) (kew) Modified document title on 4/21/2022 (cbo).
04/12/2022 79 TRANSCRIPT OF PROCEEDINGS of Trial Proceedings, Motions as to Brandon Beverly held on 03/29/2022 before Judge John T. Copenhaver, Jr. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/22/2022. Redaction Request due 5/3/2022. Redacted Transcript Deadline set for 5/13/2022. Release of Transcript Restriction set for 7/11/2022. (css)
04/12/2022 80 TRANSCRIPT OF PROCEEDINGS of Jury Trial, Volume I, as to Brandon Beverly held on 03/29/2022 before Judge John T. Copenhaver, Jr. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/22/2022. Redaction Request due 5/3/2022. Redacted Transcript Deadline set for 5/13/2022. Release of Transcript Restriction set for 7/11/2022. (css)
04/13/2022 81 ORDER denying defendant's 74 MOTION to Release Defendant on Bond as to Brandon Beverly. Signed by Senior Judge John T. Copenhaver, Jr. on 4/13/2022. (cc: Judge, USP, USM, counsel of record, deft) (lca)
04/19/2022 82 LETTER AND COVID-19 JUROR QUESTIONNAIRE (BLANK) as to Brandon Beverly. (lca)
04/19/2022 83 PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS by United States of America as to Brandon Beverly (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robeson, Kathleen)
04/20/2022 84 JUROR QUESTIONNAIRES as to Brandon Beverly. Jurors are randomly selected as stated in the Courts Plan Prescribing Method for the Composition of Jury Wheels and the Qualification and Random Selection of Grand and Petit Jurors located on our website www.wvsd.uscourts.gov. The number of Qualification Questionnaires transmitted may not reflect the final list of potential jurors to appear in the trial of this matter. A final Persons Attending List of potential jurors will be made available on the day of trial. (ts)
04/25/2022 85 LETTER TO CLERK requesting issuance of trial subpoena as to Brandon Beverly. Issued 1 subpoena. (Attachment: # 1 Subpoena) (cla)
04/25/2022 86 SUPPLEMENTAL JUROR QUESTIONNAIRES as to Brandon Beverly. Jurors are randomly selected as stated in the Courts Plan Prescribing Method for the Composition of Jury Wheels and the Qualification and Random Selection of Grand and Petit Jurors located on our website www.wvsd.uscourts.gov. The number of Qualification Questionnaires transmitted may not reflect the final list of potential jurors to appear in the trial of this matter. A final Persons Attending List of potential jurors will be made available on the day of trial. (ts) (Modified on 4/25/2022 to add additional images) (ts).

Outcome: 04/26/2022 87 JURY STRIKE SHEET as to Brandon Beverly. (msa)
04/28/2022 88 JURY VERDICT as to Brandon Beverly (1) Guilty on Count 1. (ts)
04/28/2022 89 JURY VERDICT - UNREDACTED Copy for Court Users Only (ts)

Defendant was found guilty

Plaintiff's Experts:

Defendant's Experts:

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