U.S. Department of Justice
United States Attorney
Northern District of Indiana
Northern District of Indiana
For Immediate Release
April 14, 2011
David Capp, United States Attorney
Contact: Mary L. Hatton, Director of Community Relations
Indictment Returned in Hammond Federal Court
Hammond, Indiana—The United States Attorney’s Office announced the following indictment was returned on April 7, 2011 and unsealed today:
John Smith, 41, of Indianapolis, Indiana, and Terry Carlyle, 54, of Mooresville, Indiana, were each charged by indictment with one count of conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine, two counts of attempting to possess with intent to distribute 5 kilograms or more of cocaine, and two counts of possessing firearms in furtherance of a federal drug trafficking crime. In addition, Smith was charged by indictment with one count of transferring firearms knowing that they would be used in a drug trafficking crime, and a third count of possessing firearms in furtherance of a federal drug trafficking crime.
Terry Carlyle is the former Marshal of the Brooklyn, Indiana Police Department, and was formerly employed as a police officer with the Indianapolis Police Department. John Smith was formerly employed as a police officer with the Brooklyn Indiana Police Department, the Knightstown, Indiana Police Department and the Stinesville, Indiana Police Department.
The indictment also contains a forfeiture allegation in which the United States is seeking any property or proceeds derived directly or indirectly from these offenses if the defendants are convicted, including; cash in the amount of $11,500; a 2005 Ford Expedition; a 2006 Chevrolet Trail Blazer; and funds on deposit in an account located at the Indiana Members Credit Union.
Smith and Carlyle had an initial appearance before Magistrate Judge Andrew Rodovich this afternoon. Both were remanded to the custody of the United States Marshal’s Service. An arraignment/detention hearing is scheduled for April 19, 2011 at 2:30 PM before Judge Rodovich.
These charges were filed as the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives Indianapolis Field Office, the United States Attorney’s Office for the Northern District of Indiana, the Indianapolis Metropolitan Police Department, the Indiana State Police, with the assistance of the ATF Chicago Field Office, the ATF Merrillville Field Office, the ATF HIDTA Task Force, the Gary Police Department, the Hammond Police Department, the East Chicago Police Department, and the Lake County Police Department. This case has been assigned to and will be prosecuted by Assistant United States Attorneys David Nozick and Gary Bell.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
The specific sentence in each case to be imposed upon conviction will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.