Valdivia drug ring defendants get prison time
by MONICA KEEN, STAFF WRITER
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Ten of 11 defendants, who were involved in a drug trafficking organization that stretched from New York to other parts of the country, are now serving or will be serving federal prison sentences by the end of September.

Samuel Valdivia of Sallisaw, along with his father-in-law, Paul Philpot, as well as former Sequoyah County commissioner Hoyet Philpot, and others, including Travis Philpot, Twila Nelson, David Nelson, Randy Philpot, and Pamela Pearson, all of Sallisaw, Jose Luis Partida of Edinburg, Texas, and Onesimo Garza of Texas, were charged last year in federal court.

Prosecutors said the defendants helped operate the trafficking ring that used horse trailers to transport drugs and cash from December 2002 to May 2006.

Over the past year, many of the court proceedings involving the 11 defendants have remained under wraps, including most of their sentencing hearings, which were sealed from the public. But on June 4, the judgments for those defendants were made public, according to court records.

Samuel Valdivia, the man portrayed as the ringleader of the group, began serving two nine-year sentences in federal prison immediately after pleading guilty in May to conspiracy and engaging in monetary transactions in property derived from specified unlawful activity, according to court documents made public June 4. His sentences are to be served concurrently.

Before June 4, how much time behind bars Valdivia received was unknown. Court records previously indicated federal prosecutors would request that Valdivia receive 25 years in prison, or less prison time if he "substantially" cooperated with the government by providing information.

As part of the judgment, it was recommended that the Bureau of Prisons evaluate Valdivia and determine if he is a candidate for drug treatment. It was also recommended he be placed at the Bureau of Prisons facility in El Reno.

After prison, Valdivia is ordered to be on supervised release for five year. After prison, a special condition of his supervision will include participation in a drug treatment program, which could possibly include a treatment facility, according to court records. He must also pay a $15,000 fine.

As part of the plea agreements, all 10 defendants are ordered to forfeit any interest they had in the property seized by the government, including the following:

- $4.4 million, which represents the amount of proceeds obtained as a result of the offenses alleged in the indictment

- various tracts of land in Sequoyah and Muskogee Counties

- numerous vehicles and equipment

- three Rolex watches

- the racehorse, Elite First Down

- a number of accounts associated with the Valdivias' racehorse business

- over $892,000 in cash seized in 2005 in Oklahoma City

- over $100,000 in cash that was seized from Travis Philpot in McIntosh County

- about $546,770 in cash seized in April 2005 in McAllen, Texas

Court records filed on July 5 indicated that the U.S. Marshal Service processed the forfeited items on July 3.

INDICTMENT AGAINST ONE DISMISSED

Valdivia's wife, Rhonda Valdivia, who previously pleaded guilty, was allowed to withdraw her plea prior to judgment proceedings in May. She was expected to face a June 4 trial, but on May 30 the government dismissed the indictment against her.

"Defendant Rhonda Valdivia will be prosecuted by state authorities and further prosecution is deemed unwarranted," wrote Dennis Fries, assistant U.S. Attorney for the Eastern District of Oklahoma, in a motion filed May 30.

BEHIND BARS

Currently, five other defendants are already behind bars serving their prison sentences, including the following:

- Hoyet Philpot: According to court records filed July 6, the former county commissioner surrendered to an El Reno federal prison on June 28 to start serving five years in prison for one count of interstate travel in aid of racketeering. After prison, he will be on supervised release for two years.

- Travis Philpot: According to court records filed July 9, he surrendered to El Reno federal prison on June 29 to start serving two eight-year prison terms for two counts of interstate travel in aid of racketeering, to be served concurrently. After prison, he will be on supervised release for three years.

- Paul Philpot: According to court records filed July 6, he voluntarily surrendered to El Reno federal prison on June 28 to start a five-year prison terms for one count of interstate travel in aid of racketeering. After prison, he will be on supervised release for two years. Prosecutors previously said that Philpot served as a "mule," or courier for the drug operation.

- Onesimo Garza: According to the judgment filed June 4, he pleaded guilty in May to one count of conspiracy to commit money laundering. He was immediately remanded to the custody of the U.S. Marshal Service to start serving 10 years in prison. It was recommended he be placed at a prison facility in Texas to facilitate family contact. After prison, he will be on supervised release for three years, and shall participate in a drug treatment program.

Garza has since appealed his sentence in circuit court.

- Jose Partida: According to the judgment filed June 4, he pleaded guilty in May to one count of possessing with intent to distribute a controlled substance. He was immediately remanded to the custody of the U.S. Marshal Service to start serving 10 years in prison. It was recommended he be placed at a prison facility in Oregon to facilitate family contact and that he be evaluated to determine if he is a candidate for intensive drug treatment program. After prison, he will be on supervised release for five years, and shall participate in a drug treatment program.

Prosecutors have said that as part of the Valdivia drug distribution conspiracy, Partida acted as a supervisor in making sure shipments of cocaine and drug proceeds reached their destinations.

OTHERS FILE EXTENSIONS

Four other defendants in the case have asked for extensions on their deadlines to report to prison in order to make preparations before going to prison.

-Pamela Pearson: On June 22, Pearson requested an extension of her surrender date to prison. She was previously scheduled to surrender on June 26. She asked for the extension to get her financial matters in order because she was the sole provider for her husband and grandchildren, according to court records. She was also attempting to get medical matters arranged for her husband.

On June 26, the judge in the case granted the extension. Pearson is to report to prison by July 26.

Pearson pleaded guilty in May to one count of interstate travel in aid of racketeering and was sentenced to five years. After prison, she will be on supervised release for two years.

- Randy Philpot: On June 20, Philpot requested an extension of his surrender date to prison. He was previously scheduled to surrender on June 26. He asked for the extension because he was thrown from a horse on May 21 and suffered head trauma, court records indicate.

On June 21, the judge in the case granted Philpot's request. He is to report to prison by July 23.

Philpot pleaded guilty in May to one count of interstate travel in aid of racketeering and was sentenced to five years in federal prison. It was recommended he be evaluated to determine if he is a candidate for an intensive drug treatment program. After prison, he will be on supervised release for two years.

-Twila Nelson: According to court records filed June 15, Nelson requested an extension of her surrender date to prison. She was previously scheduled to surrender on July 11. She asked for the extension because she and her husband, David Nelson, have been sentenced to prison and they need to make the arrangements for their children to be placed with a family member in Missouri. She has also had medical problems, which has caused additional problems with trying to coordinate childcare, according to court records.

On June 18, the judge in the case granted the extension. She is directed to surrender to a designated facility by noon Sept. 10.

Nelson pleaded guilty in May to one count of interstate travel in aid of racketeering. She was sentenced to three years in federal prison, and it was recommended that the Bureau of Prisons evaluate her to determine if she is a suitable candidate for any rehabilitative program. It was also recommended she be placed in a Missouri facility. After prison, she will be on supervised release for two years.

- David Nelson: On June 12, Nelson requested an extension of his surrender date to prison. He was previously scheduled to surrender on July 11, but he too asked for an extension in order for he and his wife to make arrangements for their children to be cared for. Nelson also requested additional time to visit his children in Wyoming.

On June 18, Nelson's request was granted, and Nelson was ordered to report to prison by noon Aug. 27.

He pleaded guilty in May to one count of interstate travel in aid of racketeering. He was sentenced to five years in federal prison, and it was recommended he be evaluated to determine if he is a candidate for intensive drug treatment program. It was also recommended that he be placed in the closest available medical facility to his family. After prison, he will be on supervised release for two years and shall participate in a drug treatment program.

Since the sentencing, Nelson has filed a notice of plans to appeal to the U.S. Court of Appeals.

Prosecutors said the Nelsons acted as couriers for the drug trafficking organization, distributing drugs in multiple states and picking up money that were proceeds of drug sales.

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