Gregory A. White, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury has returned an indictment against four individuals involved in the October 13, 2006 armed robbery of the Charter One Bank at 365 East 200th Street, Euclid, Ohio. The four-count indictment alleges that James W. Stewart, aka Skip, age 36, of 2976 East 116th Street, Cleveland, Ohio; Mario Fomby, age 36, of 863 East 144th Street, Cleveland, Ohio; Terence L. Moore, age 30, of 1088 East 111th Street, Cleveland, Ohio; and Mark Scafe, age 36, of Willoughby Hills, Ohio, used a shotgun, two handguns, and a stolen vehicle to rob the bank of $16,583.00. The indictment further alleges that James W. Stewart used the shotgun during the robbery to shoot and severely injure a bank employee.

James Stewart, Mario Fomby and Terence L. Moore are all charged with armed bank robbery, conspiracy to commit armed bank robbery, discharging a firearm during the commission of a crime of violence and brandishing firearms during the commission of a crime of violence. Mark Scafe is charged with conspiracy and with aiding and abetting armed bank robbery.

The sentence in this case, upon conviction, may be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case including the defendant’s prior criminal record, if any; the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case was presented to the grand jury by Assistant U.S. Attorney Joseph P. Schmitz following an investigation by the Federal Bureau of Investigation, the Euclid Police Department, the Ohio Bureau of Criminal Identification and Investigations, the Lake County Crime Laboratory and the Safe Streets Task Force, which is comprised of personnel from the Cuyahoga County Sheriff’s Office, the Ohio Adult Parole Authority and the Cuyahoga Metropolitan Housing Authority Police.

An indictment is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.