Two months after a not guilty verdict was returned against a man charged in an undercover drug operation by the sheriff’s department, charges against 20 other defendants have been dropped by the District Attorney General’s office.
The cases were dismissed after 63-year old Charles Ronnie Evans took his case to trial and won on one of the charges against him after defense attorneys called into question the credibility of the undercover informant and the audio and video recordings of the alleged transactions proved to be of poor quality. A mistrial was declared on a second count against Evans.
While he said he respects the D.A.’s decision to drop the remaining cases, Sheriff Patrick Ray said he “does not agree it was a practical decision to judge all cases involved on a previous ruling that questioned the integrity of a confidential informant,” adding that “many of the individuals charged in this operation had already pled guilty to buying drugs from the same confidential informant.”
The story began in January 2014 when numerous persons were indicted by the local grand jury following a three-month long drug investigation by the sheriff’s department.
In August, Evans took his case to trial and a jury returned a not guilty verdict on a charge of sale and delivery of a Schedule II drug (Roxycodone). On another charge of sale and delivery of Dilaudid, the jury’s vote was 10 in favor of acquittal and 2 members opting for a lesser included offense. As a result, Judge David Patterson declared a mistrial on the Dilaudid case.
The same informant was used in both cases and in the cases against the other defendants. Because of the informant’s criminal background, his credibility was questioned during the Evans’ trial. In addition, video and audio recordings of the alleged drug transactions proved to be of poor quality.
As a result, the D.A.’s office filed court documents late last month to dismiss the charges against 20 other defendants. Judge Patterson then signed the documents the following day and later it was also announced the prosecution was dismissing the Dilaudid charge against Evans.
Sheriff Ray said he respects the D.A.’s decision in light of the recent court ruling, but does not agree it was practical to judge all cases on a previous ruling that questioned the integrity of a confidential informant.
“The use of confidential informants in undercover drug operations is, and has been, a very common practice used by all law enforcement agencies,” Ray said in a prepared statement to WJLE.
“Confidential informants are not our community’s most upstanding citizens,” he continued. “We can’t get teachers, preachers, or any other ethical citizens to act as confidential informants to make drug buys in these operations. Even if they would agree, how many drug dealers would actually sell drugs to someone who obviously does not fit the role of a drug user/dealer?”
Ray said he wanted to make it clear his department conducted the investigation “to determine if there was probable cause to charge the named defendants with crimes” and that his “detectives precisely followed the legal obligation to find probable cause. Probable cause is the standard required to effect a constitutional arrest or to issue a valid search warrant.”
In contrast, he continued, “it is the role of the court (judge and jury) to find guilt beyond a reasonable doubt. Just because a judge or jury does not find guilt beyond a reasonable doubt does not indicate that probable cause to make the arrest did not exist. My department’s job is to investigate and arrest criminals when we find probable cause. It is not our job to determine final guilt or innocence.”
He pointed out that many of the individuals charged in the undercover operation “had already pled guilty to buying drugs from the same confidential informant that was used in the first case in which the court declared a mistrial.”
But the local case may force the sheriff’s office to look at other ways to investigate illegal drug activity.
“It has become obvious that our undercover tactic of using confidential informants is no longer a credible means to get convictions for illegal drug activities,” the sheriff said. “However, we will move forward and continue to explore new ways to effectively investigate and prosecute criminals engaging in illegal drug activities.”
Meanwhile, the following charges against these individuals have been dropped:
36 year old John Miller Alsup: sale and delivery of a schedule III controlled substance (Dihydrocodeinone) (2 counts)
34 year old Kenny Bain, Jr.: sale and delivery of a schedule II controlled substance (2 counts)
61 year old Kenneth Bain, Sr.: sale and delivery of a schedule II controlled substance (2 counts) and TennCare Fraud
30 year old Brandy Batey: violation of drug free school zone (4 counts)
31 year old Amanda M. Certain: sale and delivery of a schedule II controlled substance, and sale and delivery of a schedule III controlled substance (Dihydrocodeinone)
29 year old Nikita Clark: sale and delivery of a schedule II controlled substance (2 counts)
58 year old George Divine: sale and delivery of a schedule II controlled substance (3 counts)
36 year old Russell Shannon Estes: sale and delivery of a schedule II controlled substance, and sale and delivery of a schedule III controlled substance
33 year old Jimmy Joel Farris: sale and delivery of a counterfeit controlled substance
37 year old Anthony Glen Johnson: sale and delivery of a schedule III controlled substance (Dihydrocodeinone) and violation of drug free school zone (2 counts)
36 year old Steven R. Keen: violation of drug free school zone (4 counts)
44 year old Chad Everett Knowles: sale and delivery of a schedule II controlled substance
46 year old Bradley Luna: sale and delivery of a schedule II controlled substance
33 year old Terrance L. Martin: violation of drug free school zone (2 counts)
33 year old David Charles Stewart: sale and delivery of a schedule III controlled substance (Dihydrocodeinone), sale and delivery of a schedule III controlled substance, sale and delivery of a schedule II controlled substance
54 year old Sammy Gene Taylor: sale and delivery of a schedule II controlled substance (2 counts)
21 year old Bianca Lynn Tollison: sale and delivery of a schedule III controlled substance (Dihydrocodeinone)
55 year old James Harvey Walters: sale and delivery of a schedule II controlled substance (2 counts)
34 year old Mark Young: sale and delivery of a schedule II controlled substance (2 counts)
48 year old Lawrence Scott Young: sale and delivery of a schedule II controlled substance (2 counts)
“Even though we do not agree with the outcomes of these cases, it should be noted it is not our goal to fill up the jail. That doesn’t benefit anyone,” Sheriff Ray said. “My department’s focus, when it comes to drug investigations, is to deter the use and sale of illegal narcotics and encourage individuals to choose a more productive way of life. Even though these cases have been dismissed, it is our hope that this experience has done something to help individuals and their families realize the consequences of illegal drug activities.”
The District Attorney General’s office did not comment
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