Published: November 10, 2008 11:54 am      

Man who posed as serviceman while defrauding businesses pleads

The man who ran a credit card scam on local merchants and who drew tax exemptions and active military discounts for goods by posing as a soldier, even though he has never served in the military, pleaded guilty Oct. 21 in Cumberland County Criminal Court.

Investigators said Damian Paul Castillo, 19, who listed a Haston Rd., Pikeville, address when arrested, bilked local merchants out of thousands of dollars in goods, tax exemptions and discounts normally reserved for active duty military personnel.

He was arrested in August and charged with 25 counts of fraudulent use of a credit card, six counts of violation of the bad check law and criminal impersonation.

Castillo, represented by Assistant Public Defender Cynthia Lyons, entered guilty pleas to informations presented to the Judge David Patterson, which bypasses the grand jury process and allows a defendant to dispose of his case in an expedient way.

Castillo pleaded guilty to fraudulent use of a debit card more than $1,000, and received a three-year prison sentence. He pleaded guilty to one count of fraudulent use of a credit card more than $500 and received a two-year sentence to be served concurrently, or at the same time.

He pleaded guilty to six counts of fraudulent use of a debit card less than $500 and received an 11-month and 29-day sentence, all to be served concurrently.

He also pleaded guilty to a new charge of statutory rape and received a two-year prison sentence which will be served with the other sentences.

"He was passing himself off as a member of the U.S. Air Force," Cumberland County Sheriff's Investigator Ben Waller said in August after Castillo was arrested. It is uncertain as to whether Castillo actually told anyone he was a member of the military, but his presence wearing a uniform led business owners of mom and pop stores in the community and some larger retail outlets to believe so.

Between Aug. 23 and his arrest on Aug. 30, Castillo is credited with bilking nine local businesses out of $14,102. He formerly worked at a fast food place, according to Waller, and because he operated a cash register, he learned how to bypass security measures for credit or debit cards.

Waller said that Castillo would present a credit card to make a purchase, claim the card was defective, take a keypad from the clerk and punch in a series of numbers that only provided him a balance on the card.

Clerks would think that he had completed the transaction, would close out the sale and hand over the goods, not knowing that the sale had not been debited against the card.

A suspicious clerk at Caruther's Grocery caught on to what Castillo was doing and called the sheriff's department. He was arrested a short time later at Fairyland Tobacco and Beverage where he had conducted a similar transaction.

A native of California, Castillo reportedly followed a teenage girl to Bledsoe County. The girl had spent some time in California with relatives and during that time, the teen met Castillo. When the teen returned home to Tennessee, Castillo reportedly followed her to the community. At the time of his arrest, Bledsoe County authorities were also looking into his activities in that county.

In other cases, the following took place.

Guilty pleas

•Chad Ray Hatfield, 34, charged with burglary, theft more than $10,000, two counts of theft more than $1,000, theft of property, evading arrest and vandalism more than $500, pleaded guilty to three counts of theft more than $1,000 and will face a sentencing hearing at a later date. He pleaded guilty to evading arrest and received an 11-month and 29-day sentence with a judge to determine how that sentence will be served. Possession of drug paraphernalia charge was also dismissed.

•Sean Paul Stephens, 33, charged with theft more than $1,000, pleaded guilty to the charge and received a two-year sentence in the Department of Corrections.

•Michael Allen Bible, 22, charged with aggravated reckless assault in an information, pleaded guilty to the charge and will be sentenced by the judge at a future sentencing hearing.

Set for trial

•Michael K. Hensley, child abuse, hearing set for Nov. 14; trial set for Nov. 18.

Motions and hearings

•Nicholas Allen Anderson, possession of more than .5 ounces of marijuana with intent to sell or deliver and conspiracy to possession more than .5 ounces of marijuana, pre-trial diversion granted; to pay court costs and placed on probation.

•Roger Lane Ashburn, sale of more than .5 grams of methamphetamine, possession of meth for resale and possession of Alprazolam, motions on pre-trial diversion application set for Dec. 16.

•Howard Wayne Bell, sale of Oxycodone and conspiracy to sell Oxycodone, pre-trial diversion hearing set for Nov. 26.

•Keith Burgess III, burglary, two counts of theft less than $500 and vandalism less than $500, pre-trial diversion granted; to pay court costs and placed on probation.

•Ronald Dexter Hubbard, promotion of the manufacture of methamphetamine, continued until Nov. 3.

•Seth Thomas Luttrell, three counts of burglary, attempted burglary, possession of burglary tools, theft more than $1,000 and two counts of vandalism less than $500, pre-trial diversion hearing set for Nov. 17 at 1 p.m.

•Daniel Jarome Nolz, burglary and theft more than $1,000, summons issued for hearing to terminate memo of understanding; hearing set for Nov. 17.

•John Howard Parham, theft more than $1,000, motion to dismiss indictment, hearing set for Nov. 3.

•Jason Lynn Vitatoe, aggravated assault with a deadly weapon, summons issued for review of court costs, continued to Nov. 3.

•Stephen Michael Yerian, first-degree murder, continued until Nov. 14.

•Joseph Lee Manning, two counts of aggravated child abuse and neglect, continued until Nov. 17.

•Jeffery Eugene Morgan, burglary, criminal trespass and violation of the sex offender registry, continued until Nov. 17.

Arraignment

•Donathan G. Davis, theft more than $1,000, continued until Nov. 26 at which time defendant is to return to court with an attorney.

•Joseph Adam Braunm, joyriding, Kevin Poore appointed to represent the defendant; continued until Dec. 16.

•Kenneth Lee Garrison, domestic assault, continued until Nov. 3.

Probation violations

•Donald A. Anderson, probation revocation hearing continued to Nov. 3.

•April M. Brock, on probation for two counts each of sale or delivery of more than .5 grams of cocaine, probation revoked; allowed to enter the Woman of the Well program.

•Eileen Baragona Carter, probation revocation warrant dismissed because all outstanding fines and/or court costs were paid Oct. 13.

•Johnathan Kendrick Cravens, on probation because of promotion of the manufacture of methamphetamine, possession of marijuana for sale or delivery and possession of drug paraphernalia charges, had probation revoked because of violations and was ordered to serve the balance of his sentence.

•T.J. Van Garren, forfeiture and capias issued for failure to appear for probation revocation hearing, ordered held for bond hearing.

•Derek K. Gunter, on probation because of a revoked license charge, had probation revoked and was ordered to serve ten days in jail on weekends and had probation extended for six months.

•Amber June Haynes, probation revocation hearing continued to Nov. 3.

•Jennifer Sue Jones, on probation because of an initiation of the process to manufacture methamphetamine charge, had probation revoked and was ordered to serve the balance of her sentence; to report to jail Nov. 21.

•Jericia Layne, on probation because of ten counts of fraudulent use of a debit card charges, had probation revoked and was ordered to serve six months in jail with the balance of her sentence on probation, or on probation until fines, court costs and restitution is paid.

•Wanda Fay Nelson, on probation because of manufacture of less than ten marijuana plants and possession of more than one-half ounce of marijuana for sale or delivery charges, had probation revoked for violations; probation was extended for 11 months and 29 days.

•Kari Jo Trembley, had probation revocation hearing continued to Dec. 16.

•George L. Skinner, Public Defender's Office appointed to represent the defendant; had revocation hearing continued until Nov. 3.

•Charles Vernon Clark, Public Defender's Office appointed to represent the defendant; revocation hearing set for Nov. 17.

•Daryl B. Vaughn, on probation because of three counts of auto burglary, theft and possession of burglary tools, had probation revoked because of violations; ordered to serve the balance of his sentence.

•George E. Erwin Jr., to return to court Nov. 3 with an attorney for a probation revocation hearing.

Community corrections

•Bryan Anders Tollett, on probation because of assault on an officer, resisting arrest and possession of drug paraphernalia charges, had his probation revoked and was ordered to serve one year in jail with the remainder of his sentence on probation.

•Jimmy Bowman Sr., Public Defender's Office appointed to represent the defendant; community corrections revocation hearing continued to Nov. 26.