Third Supplemental Response — United States v. Sutton et al. (Dkt. 301, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 301 · 2025-06-30 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT  
 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO. 2:24-CR-00192-1 
 
 
KISHA SUTTON - 1 
 
THIRD SUPPLEMENTAL RESPONSE OF THE UNITED STATES OF AMERICA 
TO DEFENDANT’S STANDARD DISCOVERY REQUESTS AND  
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY 
 
 
Pursuant to Rule 16 of the Federal Rules of Criminal 
Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure, 
and the Arraignment Order and Standard Discovery Request entered 
by the Court in this case, the United States of America, by 
counsel, herewith supplements its previous response as follows: 
 
Request E:  Permit the defendant to inspect and to copy or 
photograph books, papers, documents, data, photographs, tangible 
objects, building or places, or copies or portions of any of those 
items, if the item is within the government’s possession, custody 
or control, and (i) the item is material to preparing the defense; 
(ii) the government intends to use the item in its case-in-chief 
at trial; or (iii) the item was obtained from or belongs to 
defendant.  [Fed. R. Crim. P. 16(a)(1)(E)] 
 
Response: 
The 
government 
has 
provided 
the 
following 
materials: 
1. 
On June 6, 2025, the government provided the following 
information: 
a. 
FBI 302 – Record of Interview – Lydia Spencer, dated 
May 30, 2025; 
Case 2:24-cr-00192     Document 301     Filed 06/30/25     Page 1 of 3 PageID #: 1503

2 
 
b. 
FBI 302 – Record of Interview – Jasmine Spencer, 
dated June 2, 2025; and 
c. 
FBI 302 – Record of Interview – William Powell, 
dated June 2, 2025. 
2. 
Today, the government has provided the following 
materials: 
a. 
Grand Jury witness testimony transcript for B.W.; 
and 
b. 
FBI 302 – Record of Interview – Damisha Brown, dated 
June 16, 2025. 
 
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY 
 
Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of 
Criminal Procedure, the United States of America requests that 
defendant provide all applicable reciprocal discovery within 14 
days of the service of this response and the provision of materials 
requested by defendant in the Standard Discovery Request. 
Respectfully submitted, 
 
LISA G. JOHNSTON 
Acting United States Attorney 
 
 
 
 
 
By: 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
 
Case 2:24-cr-00192     Document 301     Filed 06/30/25     Page 2 of 3 PageID #: 1504

3 
 
CERTIFICATE OF SERVICE 
 
It is hereby certified that the foregoing “THIRD SUPPLEMENTAL 
RESPONSE OF THE UNITED STATES OF AMERICA TO DEFENDANT’S STANDARD 
DISCOVERY REQUESTS AND REQUEST OF THE UNITED STATES FOR RECIPROCAL 
DISCOVERY” has been electronically filed and service has been made 
on opposing counsel by virtue of such electronic filing this 30th 
day of June, 2025, to: 
 
 
Connor D. Robertson, Esq. 
2702 Main Street 
Hurricane, WV 25526 
Email: cdr@croblaw.com 
 
 
 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
Case 2:24-cr-00192     Document 301     Filed 06/30/25     Page 3 of 3 PageID #: 1505

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