By BILL ARCHER
Bluefield Daily Telegraph
May 09, 2008 09:07 pm
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BERWIND — A McDowell County man was arrested and transported to U.S. District Court in Beckley on Friday where he had his initial appearance before a federal magistrate judge on Friday in response to a federal criminal complaint of threatening to cause bodily injury to another person in retaliation against the other person for providing information to federal authorities related to the possible commission of a federal offense.
Andy Mullins, 49, of Berwind appeared before Federal Magistrate Judge R. Clarke VanDervort to answer charged that were outlined in an affidavit also filed Friday by Special Agent Wesley B. Price of the Charleston field office, Bureau of Alcohol. Tobacco, Firearms and Explosives.
Price stated that on March 24, he received a telephone call from a former girlfriend of Mullins who claimed he (Mullins) had been making moonshine since 2006. The former girlfriend provided details of Mullins’ alleged moonshine business, that he manufactured the spirits in a stainless steel still visible from outside the house and stated further that her ex-boyfriend sold the product for $85 to $130 per gallon.
Based on the information he received, Price stated in his affidavit that he and another special agent initiated an investigation of Mullins’ alleged operations. When the agents visited Mullins on March 24, the suspect allegedly stated that he knew why they were there. Price stated in the affidavit that Mullins said: “You got me. I’ve been making moonshine,” and gave the agents permission to search the residence where he made the alcohol.
Price stated in the affidavit that he and the other ATF agent “located a functioning ‘moonshine’ still, 97 half-full gallon jugs of ‘moonshine,’ and 15, 55-gallon barrels of mash.” Price stated that Mullins demonstrated how the still worked, and when the agents told Mullins that operating a still was against federal law, Price reported that Mullins said: “I know. I was going to get it legal, but I never did. I’m guilty.” The agents then removed the still from the house.
Price reported that at 6 a.m., on May 8, he received a call from Mullins’ ex-girlfriend stating that the suspect came to her driveway the previous night and allegedly threatened to kill her “because she had reported his still to law enforcement officers,” according to the affidavit. The agents traveled to McDowell County on Thursday, interviewed Mullins and his current girlfriend provided a explicative-filled, hand-written statement that essentially confirmed the allegations made by Mullins’ former girlfriend.
VanDervort ordered Mullins detained, and scheduled his arraignment and detention hearing for Tuesday at 3 p.m., in Beckley.
— Contact Bill Archer at barcher@bdtonline.com
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