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Eastern District of Kentucky
FILED
UNITED STATES DISTRICT COURT JUL 2 4 2019
EASTERN DISTRICT OF KENTUCKY
AT LONDON
SOUTHERN DIVISION "OBERT R. CARR
LONDON CLERK U.S. DISTRICT COURT
UNITED STATES OF AMERICA
V. SUPERSEDING INDICTMENT NO. 6:19-CR-16-S-REW
DANIEL S. NANTZ
* * * * *
THE GRAND JURY CHARGES:
COUNT 1
18 U.S.C. § 1512(a)(l)(C)
On or about March 16, 2019, in Whitley County, in the Eastern District of
Kentucky,
DANIEL S. NANTZ
willfully, deliberately, maliciously, and with premeditation and malice forethought, did
unlawfully kill Geri D. Johnson with the intent to prevent the communication by Geri D.
Johnson to a law enforcement officer and judge of the United States of information
relating to the commission of a Federal offense, to wit: conspiracy to distribute a mixture
or substance containing a detectable amount of methamphetamine, a Schedule II
controlled substance, all in violation of 18 U.S.C. § 1512(a)(l)(C).
COUNT2
18 U.S.C. § 120l(a)(l)
On or about March 16, 2019, in Whitley County, in the Eastern District of
Kentucky,
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DANIEL S. NANTZ
aided and abetted by others, did willfully and unlawfully kidnap, abduct, seize, and
confine another person, Victim 1, and hold Victim 1 for the purpose of assault, and did
use a means, facility, and instrumentality of interstate commerce, to wit, a cellular
communication device, in committing and in furtherance of the commission of such
offense, all in violation of 18 U.S.C. § 2 and 18 U.S.C. § 1201(a)(l).
COUNT3
21 u.s.c. § 846
Beginning on or about March of 2017, the exact date unknown, and continuing
until on or about September of 2018, the exact date unknown, in Whitley County, in the
Eastern District of Kentucky, and elsewhere,
DANIEL S. NANTZ
did conspire with Jonathan Harper, Derwin Julien, and others to knowingly and
intentionally distribute 500 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, a Schedule II controlled substance, in violation
of 21 U.S.C. § 841(a)(l), all in violation of 21 U.S.C. § 846.
COUNT4
18 U.S.C. § 924(c)
Beginning on or about March of 2017, the exact date unknown, and continuing
until on or about September of 2018, the exact date unknown, in Whitley County, in the
Eastern District of Kentucky, and elsewhere,
DANIEL S. NANTZ
did knowingly possess a firearm in furtherance of a drug trafficking offense for which he
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may be prosecuted in a Court of the United States, as set forth in Count 3, that is,
conspiracy to distribute 500 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, a Schedule II controlled substance, all in
violation of 18 U.S.C. § 924(c)(l)(A).
COUNT 5
21 u.s.c. § 846
Beginning on or about June of 2018, the exact date unknown, and continuing until
on or about November 14, 2018, in Whitley County, in the Eastern District of Kentucky,
and elsewhere,
DANIEL S. NANTZ
did conspire with Tammy Marie Vest, Geri D. Johnson, and others to knowingly and
intentionally distribute 500 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, a Schedule II controlled substance, in violation
of 21 U.S.C. § 841(a)(l), all in violation of 21 U.S.C. § 846.
COUNT 6
18 U.S.C. § 924(c)
Beginning on or about June of 2018, the exact date unknown, and continuing until
on or about November 14, 2018, in Whitley County, in the Eastern District of Kentucky,
and elsewhere,
DANIEL S. NANTZ
did knowingly possess a firearm in furtherance of a drug trafficking offense for which he
may be prosecuted in a Court of the United States, as set forth in Count 5, that is,
conspiracy to distribute 500 grams or more of a mixture or substance containing a
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detectable amount of methamphetamine, a Schedule II controlled substance, all in
violation of 18 U.S.C. § 924(c)(l)(A).
COUNT 7
18 u.s.c. § 922(g)(9)
On or about March 16, 2019, in Whitley County, in the Eastern District of
Kentucky,
DANIEL S. NANTZ,
knowing he had previously been convicted in a court of a misdemeanor crime of
domestic violence, knowingly possessed a firearm, that is, a black in color Taurus .38
caliber Model 85 revolver, serial number GN90513, and the firearm was in and affecting
interstate commerce, all in violation of 18 U.S.C. §922(g)(9).
NOTICE OF SPECIAL FINDINGS
THE GRAND JURY FURTHER CHARGES:
As to Count 1, herein re-alleged and incorporated by reference, the Defendant,
DANIEL S. NANTZ:
a) was 18 years of age or older at the time of the offense (18 U.S.C.
§ 1512(a)( l)(C));
b) intentionally killed Geri D. Johnson (18 U.S.C. §3591(a)(2)(A));
c) intentionally inflicted serious bodily injury that resulted in the death of Geri D.
Johnson (18 U.S.C. §3591(a)(2)(B));
d) intentionally participated in an act, contemplating that the life of a person
would be taken or intending that lethal force would be used in connection with a person,
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other than one of the participants in the offense, and Geri D. Johnson died as a direct
result of the act (18 U.S.C. §359l(a)(2)(C));
e) intentionally and specifically engaged in an act of violence, knowing that the
act created a grave risk of death to a person, other than one of the participants in the
offense, such that participation in the act constituted a reckless disregard for human life
and the victim died as a direct result of the act (18 U.S.C. §359l(a)(2)(D));
f) in committing the offense the Defendant knowingly created a grave risk of
death to one or more persons in the addition to the victim of the offense (18 U.S.C.
§3592( C)(5));
g) committed the offense in an especially heinous, cruel, or depraved manner in
that it involved torture or serious physical abuse to the victim (18 U.S.C. §3592(c)(6));
h) committed the offense after substantial planning and premeditation (18 U.S.C.
§3592( C)(9));
i) committed the offense against a particularly vulnerable victim due to Geri D.
Johnson's late stage of pregnancy (18 U.S.C. §3592(c)(l l)); and
j) killed more than one person in a single criminal episode, Geri D. Johnson and
Amelia Jo Johnson (18 U.S.C. §3592(c)(16)).
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~ AN\~
ROBERT M. DUNCAN, .JR. •
UNITED STATES ATTORNEY
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PENALTIES
COUNT 1: Death or not less than Life, not more than a $250,000 fine.
COUNT 2: Any term of years to life imprisonment, not more than a $250,000
fine, and not more than 5 years supervised release.
COUNTS 3 & 5: Not less than 10 years nor more than life imprisonment, not more
than a $10,000,000 fine, and at least 5 years supervised release.
COUNTS 4 & 6: Not less than 5 years nor more than life imprisonment, to be served
consecutive to any term of imprisonment imposed for any other
offense, not more than a $250,000 fine, and not more than 5 years of
supervised release.
COUNT 7: Not more than 10 years imprisonment, a $250,000 fine, and 3 years
of supervised release.
PLUS: Mandatory special assessment of $100 per count.
PLUS: Restitution, if applicable.
