3 Utahns indicted on peyote charges

BENJAMIN — Grand jury indictments have been handed up against a self-proclaimed "medicine man" and his wife and one of the man's followers alleging the man lied about being an American Indian tribe member and that he illegally consumed and distributed peyote in religious ceremonies.

James "Flaming Eagle" Mooney and his wife, Linda, were arrested Thursday by Drug Enforcement Agency officials at their Benjamin home.

DEA agents originally attempted last week to arrest the Mooneys but were unable to take them into custody because they were out of town visiting relatives.

The Mooneys and Nicholas Stark, of Ogden, were indicted June 15 by a grand jury. Those indictments were unsealed Thursday, according to a statement by Melodie Rydalch, spokeswoman for the U.S. attorney in Salt Lake City.

The Mooneys were scheduled to appear today before U.S. Magistrate Judge Sam Alba in Salt Lake City. Stark has not been arrested but will be summoned to appear in court.

James Mooney is charged with seven counts of distribution of peyote and one count of attempted possession of peyote with intent to distribute, while Linda Mooney is charged with one count of distribution of peyote. The Mooneys are charged jointly with one count of conspiracy to possess peyote with intent to distribute, one count of conspiracy to distribute peyote, one count of possession of peyote with intent to distribute and four counts of distribution of peyote.

Stark is charged with one count of distribution of peyote, one count of possession of peyote with intent to distribute and one count of possession of coca leaves.

The indictment also contains a notice of intent to seek forfeiture against Stark in the amount of $10,900 — roughly the amount of money the U.S. Attorney's Office believes the trio made from distributing peyote, according to Rydalch.

Peyote — a hallucinogenic drug used in American Indian religious ceremonies — is a controlled substance under federal law.

With the exception of the count relating to possession of coca leaves, which is a misdemeanor, the maximum penalty for each count is up to 20 years in prison, Rydalch said.

Congress has passed laws allowing American Indians who are members of federally recognized tribes to use peyote in religious observances.

Federal prosecutors allege the Mooneys and Stark are not members of an Indian tribe.