Opinion
Case No. 89-5-Cr-Oc-16.
June 9, 2009
Defendant (1) , Kenny A. Brumfield, II, represented by Kenny A. Brumfield, II, #21418-037 USP, Leavenworth, Leavenworth, KS, PRO SE.
Plaintiff , United States of America, represented by Dale Robert Campion, US Attorney's Office — FLM*, Jacksonville, FL.
INDICTMENT
18 U.S.C. § 371 18 U.SC. § 2113
Ct. 1 (5 yrs./$250,000/or both) Ct. 2-5 (a) (d) (25 yrs./$250,000/or both) The Grand Jury charges:COUNT ONE
Between on or about November 14, 1988, and January 24, 1989, in Marion County and Lake County, in the Middle District of Florida, and elsewhere,
KENNY A. BRUMFIELD, II
BRUCE BRUMFIELD
defendants herein, knowingly, willfully and intentionally did combine, conspire, confederate and agree with each other and with others to the Grand Jury known and unknown, to commit bank robberies, in violation of Title 18, United States Code, Section 2113(a) and (d).
OVERT ACTS
In furtherance of the conspiracy and to effect the objects thereof, the following overt acts, among others, were committed:
1. On or about November 14, 1988, KENNY A. BRUMFIELD, II, drove his brother, BRUCE BRUMFIELD, in a white Toyota pickup truck to the Mid-State Federal Savings and Loan Association office in Belleview, Florida, for the purpose of robbing the office.
2. On or about November 14, 1988, BRUCE BRUMFIELD entered the Mid-State Federal Savings and Loan Association office in Belleview, Florida, and robbed it of $4,955.
3. On or about November 14, 1988, KENNY A. BRUMFIELD, II, drove BRUCE BRUMFIELD to a wooded area in Summerfield, Florida, where they split money obtained in a robbery of the Mid-State Federal Savings and Loan Association. At that time, BRUCE BRUMFIELD discarded a green sweatshirt worn by him in the robbery.
4. On or about December 7, 1988, KENNY A. BRUMFIELD and BRUCE BRUMFIELD drove to a location near the Safra Bank at 1727 S.E. Ft. King Street, Ocala, Florida, and walked near the bank planning to rob it.
5. On or about December 7, 1988, BRUCE BRUMFIELD entered the Safra Bank in Ocala, Florida, with KENNY A. BRUMFIELD, II, sprayed brown paint on the lens of a surveillance camera and those two men then robbed the bank, including the vault, of approximately $26,137.
6. On or about December 7, 1988, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD drove to a wooded area in Summerfield, Florida, where they split the money obtained in the Safra Bank robbery and discarded a brown briefcase used in the robbery.
7. On or about January 4, 1989, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD drove to the Southeast Bank in Ocala, Florida, in a bronze Pontiac and walked near the bank planning to rob it.
8. On or about January 4, 1989, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD robbed the Southeast Bank, 9413 S.E. Maricamp Road, Ocala, Florida, of approximately $4,665.
9. On or about January 23, 1989, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD discussed on the telephone robbing a bank in Leesburg, Florida, the next day.
10. On or about January 24, 1989, BRUCE BRUMFIELD placed jackets, ski masks, baseball caps and handguns in a red Camero prior to going to pick up KENNY A. BRUMFIELD, II.
11. On or about January 24, 1989, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD robbed the Empire of America Federal Savings Bank, Leesburg, Florida, obtaining $31,395 from tellers and the vault.
12. On or about January 24, 1989, BRUCE BRUMFIELD drove KENNY A. BRUMFIELD, II, to a store parking lot where Kenny A. Brumfield, II, entered a white Toyota pickup truck with the money taken from the safe in a robbery of the Empire of America Federal Savings Bank, Leesburg, Florida.
All in violation of Title 18, United States Code, Section 371.
COUNT TWO
On or about November 14, 1988, at Belleview, in the Middle District of Florida,
KENNY A. BRUMFIELD, II
BRUCE BRUMFIELD
defendants herein, by intimidation, did take and cause to be taken from the person and presence of Lisa Miller and Karen Rosenbaum, tellers, about $4,955.00 in money, belonging to and in the care, custody, control, management and possession of the Mid-State Federal Savings and Loan Association, 10697 S.E. Highway 441, Belleview, the deposits of which were then insured by the Federal Savings and Loan Insurance Corporation, and in committing the aforesaid offense, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD did assault and put in jeopardy and cause to be assaulted and put in jeopardy the lives of the said Lisa Miller and Karen Rosenbaum and others by means and use of a dangerous weapon, that is, a handgun.
In violation of Title 18, United States Code, Section 2113(a) and (d), and Title 18, United States Code, Section 2.
COUNT THREE
On or about December 7, 1988, at Ocala, in the Middle District of Florida,
KENNY A. BRUMFIELD, II
BRUCE BRUMFIELD
defendants herein, by intimidation, did take and cause to be taken from the person and presence of Kathleen Harvey, teller, and Brenda Hoffmann, a loan counselor, about $26,137 in money, belonging to and in the care, custody, control, management and possession of the Safra Bank, 1727 S.E. Ft. King Street, Ocala, the deposits of which were then insured by the Federal Deposit Insurance Corporation, and in committing the aforesaid offense, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD did assault and put in jeopardy and cause to be assaulted and put in jeopardy the lives of the said Kathleen Harvey and Brenda Hoffmann and others by means and use of dangerous weapons, that is, handguns.
In violation of Title 18, United States Code, Section 2112(a) and (d) and Title 18, United States Code, Section 2.
COUNT FOUR
On or about January 4, 1989, at Ocala, in the Middle District of Florida,
KENNY A. BRUMFIELD, II
BRUCE BRUMFIELD
defendants herein, by intimidation, did take and cause to be taken from the person and presence of Pat Vandemoortel and Charlotte Schrimsher, tellers, about $4,665.00 in money, belonging to and in the care, custody, control, management and possession of the Southeast Bank, 9413 S.E. Maricamp Road, Ocala, Florida, the deposits of which were then insured by the Federal Deposit Insurance Corporation and in committing the aforesaid offense, KENNY A. BRUMFIELD, II, and BRUCE BRUMFIELD did assault and put in jeopardy and cause to be assaulted and put in jeopardy the lives of the said Pat Vandemoortel and Charlotte Schrimsher and others by means and use of dangerous weapons, that is, handguns.
In violation of Title 18, United States Code, Section 2113(a) and (d), and Title 18, United States Code, Section 2.
COUNT FIVE
On or about January 13, 1989, at Ocala, in the Middle District of Florida,
KENNY A. BRUMFIELD, II
defendant herein, by intimidation, did take and from the person and presence of Kathleen Harvey and Carla Futch, tellers, and Brenda Hoffman, a loan counselor, about $6,268 in money, belonging to and in the care, custody, control, management and possession of the Safra Bank, 1727 S.E. Ft. King Street, Ocala, the deposits of which were then insured by the Federal Deposit Insurance Corporation, and in committing the aforesaid offense, KENNY A. BRUMFIELD, II, did assault and put in jeopardy the lives of the said Kathleen Harvey, Carla Futch and Brenda Hoffman and others by means and use of a dangerous weapon, that is, a handgun.
In violation of Title 18, United States Code, Section 2113(a) and (d).
A TRUE BILL. __________________________________ FOREMAN ROBERT W. GENZMAN United States Attorney __________________________________ THOMAS E. MORRIS Assistant United States Attorney __________________________________ CURTIS FALLGATTER, Managing Assistant United States Attorney ExhibitRun Date: 06/03/09 DISTRICT COURT OF MIDDLE Page 1 Run Time: 2:22:16 pm FLORIDA OCALA DIVISION WWW.FLMD.USCOURTS.GOV Account Type Beginning Balance CurrentBalance
Case Account Ledgers — Summary Case Number: 5:89CR00005 Case Title: USA V BRUMFIELD II Party Infnrmation: 216588550 BRLIMFIELD KENNY A Special Assessments $150.00 $150.00 Exhibit