Twenty people rounded up in a 2013 undercover drug sting have had their charges dropped.
The District Attorney General’s office dropped the charges after attorneys for one of the defendants, 63-year old Charles Ronnie Evans, successfully questioned the credibility of the undercover informant used in the case, and the audio and video of the alleged transactions turned out to be poorly recorded. A mistrial was declared on one count against Evans.
The charges were the result of a three-month investigation conducted by the sheriff’s department. A total of 64 people were indicted as a result of the operation.
Evans took his case to trial in August, and a jury returned a not guilty verdict on a charge of sale and delivery of Roxycodone, and voted 10-2 in favor of acquittal on a charge of sale and delivery of Dilaudid. Judge David Patterson declared a mistrial in the Dilaudid case.
The informant used in both Evans’ cases, as well as in the cases against the other 20 defendants, had his credibility called into question because of his criminal background, and the recordings of the incidents were apparently unconvincing.
The District Attorney’s office recently filed court documents to dismiss the charges against the other 20 defendants, which Patterson signed. It was also announced that the Dilaudid charge against Evans would be dismissed as well.
While Sheriff Patrick Ray said respects the D.A.’s decision to drop the other charges. The sheriff said in a prepared statement that he "does not agree that it was a practical decision to judge all cases involved on a previous ruling that questioned the integrity of a confidential informant. Many of the individuals charged in this operation had already pled guilty to buying drugs from the same confidential informant used in the case in which the court declared a mistrial," the sheriff said. "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 that it takes a certain type of person to serve as an informant.
"Confidential informants are not our community’s most upstanding citizens," the sheriff shared. "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."
He said that it does not mean his men did not do their job correctly even if defendants are not found guilty.
"It is the role of the court (judge and jury) to find guilt beyond a reasonable doubt," Ray said. "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."
Ray said that the ruling would likely necessitate a change in procedure at his department.
"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," Ray said. "However, we will move forward and continue to explore new ways to effectively investigate and prosecute criminals engaging in illegal drug activities."
Ray said he hoped there was some good to be found in the outcome of the case.
"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," Ray said. "That doesn’t benefit anyone. 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 following charges were dropped as a result of the Evans case:
•36-year-old John Miller Alsup: Two counts of sale and delivery of a Schedule III controlled substance (Dihydrocodeinone).
•46-year-old Bradley Luna: Sale and delivery of a Schedule II controlled substance.
•34-year-old Kenny Bain, Jr.: Two counts of sale and delivery of a Schedule II controlled substance.
•61-year-old Kenneth Bain, Sr.: Two counts of sale and delivery of a Schedule II controlled substance and TennCare Fraud.
•30-year-old Brandy Batey: Four counts of violation of drug free school zone.
•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: Two counts of sale and delivery of a Schedule II controlled substance.
•58-year-old George Divine: Three counts of sale and delivery of a Schedule II controlled substance.
•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: Four counts of violation of drug free school zone.
•44-year-old Chad Everett Knowles: Sale and delivery of a Schedule II controlled substance
•33-year-old Terrance L. Martin: Two counts of violation of drug free school zone.
•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: Two counts of sale and delivery of a Schedule II controlled substance.
•21-year-old Bianca Lynn Tollison: Sale and delivery of a Schedule III controlled substance (Dihydrocodeinone)
•55-year-old James Harvey Walters: Two counts of sale and delivery of a Schedule II controlled substance.
•34-year-old Mark Young: Two counts of sale and delivery of a Schedule II controlled substance.
•48-year-old Lawrence Scott Young: Two counts of sale and delivery of a Schedule II controlled substance.
