U.S. Attorney's Office Highlights Federal Prosecutions During Lapse In Appropriations

CHARLOTTE, N.C. - U.S. Attorney Russ Ferguson today released a summary of notable prosecutions and enforcement actions pursued during the recent lapse in federal appropriations. During that time, the U.S. Attorney's Office continued uninterrupted its core mission to protect public safety, uphold the rule of law, and ensure justice for the people of the Western North Carolina.

"Our work never stops," said U.S. Attorney Ferguson. "During the longest shutdown in U.S. history, the majority of the Office's prosecutors and staff continued to perform their duties without pay and despite personal challenges. The safety of our communities and our mission to uphold justice was never compromised, which speaks to the dedication of the public servants working at the U.S. Attorney's Office."

Below are select cases federal prosecutors handled during the lapse in appropriations, where defendants were charged, pleaded guilty, or were sentenced to prison. This work was carried out under Operation Take Back America, a nationwide Department of Justice initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. The Office also remained focused on protecting vulnerable populations and safeguarding public dollars that fund federal programs and institutions.

The following cases reflect the Office's continued focus on its mission during the shutdown:

U.S. v. Decarlos Brown: A federal grand jury in Charlotte returned a criminal indictment, charging Decarlos Dejuan Brown, Jr., 34, with committing an act of violence causing death on a railroad carrier and mass transportation system, for the fatal attack of Iryna Zarutska on the city's light rail system.

U.S. v. Kelvin Simmons: Kelvin Wayne Simmons, 49, is charged with first-degree murder of an officer for killing Cherokee County Detention Officer Francisco Paul Flattes II. A grand jury sitting in Asheville returned the indictment on October 7, 2025, also charging Simmons with attempted carjacking resulting in death; escape; attempted carjacking; carjacking; use of a firearm in connection with a crime of violence; assaulting, resisting and impeding an officer; and possession of a firearm by a felon.

U.S. v. Derick Cucumber: A federal grand jury in Asheville indicted Derrick Alan Cucumber, 45, of Cherokee, N.C., charging first degree murder in Indian country and discharging a firearm during and in relation to a crime of violence for killing Mario Sanchez Nino.

U.S. v. Wyatt Salus: Wyatt Austin Salus, 26, of Cullowee, N.C., pleaded guilty to making interstate threats to kill and injure United States Senator Thom Tillis. Sauls called Senator Tillis's office and left a message threatening to injure and kill Senator Tillis. Salus said in his message that Senator Tillis "should not feel safe in North Carolina," adding, "I will kill you if I see you."

U.S. v. Vance Lewis: Vance Deangelo Lewis, 33, of Charlotte, is charged with possession with intent to distribute a controlled substance, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon. It is alleged that on or about October 2, 2025, Lewis knowingly and intentionally possessed with the intent to distribute nearly half a kilogram of fentanyl and half a kilogram of methamphetamine. The indictment also contains a forfeiture notice that gives notice the defendant must forfeit to the United States 14 firearms and ammunition recovered during the investigation.

U.S. v. Eunorio Cortez-Cortez: Eunorio Cortez Cortez, 52, of Mexico, has been sentenced to 64 months in prison for illegal reentry by a deported alien and violating the terms of his federal supervised release. At the sentencing hearing, the presiding judge granted the government's motion for an increased sentence based on Cortez's extensive criminal history, including a conviction for Indecency with a Child by Exposure and multiple convictions for Assault Causing Bodily Injury to Family Member.

U.S. v. Madison Winslow: Madison Dare Winslow, 26, of Lincolnton, N.C., was sentenced on October 2, 2025, to 15 years in prison followed by three years of supervised release for selling fentanyl that caused a teenage victim to fatally overdose. Winslow, who was trafficking fentanyl in and around Catawba County, sold fentanyl-laced pills to a 17-year-old victim that were pressed to appear as prescription pills containing oxycodone hydrochloride. Later the minor ingested one or more of the pills causing the victim to fatally overdose.

U.S. v. Xana Dove: On October 8, 2025, Xana Dayanae Dove, a 28-year-old former Gastonia police officer pleaded guilty to straw purchasing a firearm. According to filed plea documents and the court hearing, on May 25, 2023, Dove purchased a Springfield Hellcat Pro, 9mm pistol from a licensed firearms dealer located in Belmont, North Carolina. In completing the purchase, Dove made a false and fictitious written statement when she falsely stated on ATF's Firearms Transaction Record Form 4473 that she was the actual transferee/buyer of the firearm when the defendant knew this statement was false and fictitious.

U.S. v. Marian Dumitru, et al.: Two Romanian nationals residing unlawfully in the United States are facing federal charges for a multistate fraud scheme involving over $760,000 in stolen SNAP benefits funds. Marian Ovidiu Dumitru, 38, and Catalin Dumitru, 36, are charged with conspiracy to defraud the United States; possession of 15 or more unauthorized access devices; illegal possession of device-making equipment; two counts of wire fraud; and four counts of aggravated identity theft.

U.S. v. Shubh Patel: On October 22, 2025, a federal grand jury in Charlotte returned a criminal indictment charging Shubh Ketankumar Patel, 23, an Indian citizen residing in Waxhaw, N.C., with conspiracy to commit wire fraud and false impersonation of an employee or officer of the United States, for his role in a scheme to steal millions from elderly victims, by posing as a federal law enforcement officer.

U.S. v. Jason Speier: Jason Nathaniel Speier, 42, of Arden, N.C., pleaded guilty on October 22, 2025, to wire fraud for a scheme to defraud customers who purchased log cabin kits. Speier admitted to receiving more than $2.5 million in customer payments and defrauding at least 24 customers located in North Carolina, South Carolina, Georgia, and Tennessee.

U.S. v. Shabazz McCarthan: On October 6, 2025, Shabazz Emmanuel McCarthan, 38, of Indian Trail, N.C., was sentenced to 51 months in prison followed by two years of supervised release for committing fraud using the stolen identities of military service members, some of whom were deployed overseas. In addition to the prison term imposed, McCarthan was ordered to pay $175,544.45 in restitution to the victims.

"Our message is simple," U.S. Attorney Ferguson added. "Those who threaten public safety, pollute our neighborhoods with deadly drugs, exploit the vulnerable, or steal taxpayer dollars will face the consequences. No matter the circumstances, we will always work hard to protect the people of Western North Carolina."

For additional information about the U.S. Attorney's Office and to view additional details for each case please visit our website.