Newspaper Page Text
Page 4C
The Champion Legal Section, Thursday, May 14, 2015 www.thechampionnewspaper.com
codone pills and powder MDMA; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia
Controlled Substances Act.
During the month of February, 2015,
Detective Crews received informa
tion from a Confidential Informant re
garding illegal drug activity taking
place at 151 Carteret Place, Stone
Mountain, Georgia. To validate this
information, an investigation was en
sued, which comprised of two (2)
controlled buy rides being conducted.
During the first operation, Detective
Crews observed the Confidential In
formant go into 151 Carteret Place,
where they stayed inside the location
for approximately 1 minute and re
turned to Detective Crews with .2
grams of cocaine which was pur
chased with $20.00 U.S. Currency,
which was derived from the DeKalb
County Investigative Fund. During
the second operation, the Confiden
tial Informant knocked on the front
door, at which time a black male
answered the door and conducted
the transaction right at the front door,
which consisted of the Confidential
Informant purchasing .5 grams of Co
caine for $50.00 U.S. Currency which
was derived from the DeKalb County
Investigative Fund.
Due to this evidence, a search war
rant was granted and on February
27, 2015, it was executed by the
DeKalb County SWAT Team and the
DeKalb County Narcotics Unit. Upon
SWAT knocking on the front door,
Brain Wyatt answered it and was im
mediately detained. Upon entering
the location, the Officers made con
tact with Deandre Wyatt who was loc
ated inside of the back bedroom. He
was detained as well. As Detective
Crews, along with other members of
DeKalb County Narcotics Section,
entered the residence to begin the
search, it was apparent that no one
lived at the location and that the loca
tion was solely used for the sale of il
legal narcotics: The living room con
tained a red couch and a very old
television which was covered in dust,
no dishes, cooking, or eating utensils
were observed in the kitchen and no
food was observed in the refrigerator.
They also noticed that the one bed
room location had no bedroom fur
niture.
Upon searching the location, they
located 1.3 pounds of marijuana,
which was located in several of the
kitchen cabinets and in the living
room, 6.7 grams of crack and powder
cocaine, which was located in the kit
chen cabinets. They also located 13
MDMA pills, .6 grams of MDMA
powder, which were all located in the
kitchen cabinets as well and 27 oxy-
contin / oxycodone pills which were
located in the kitchen cabinet above
the stove. They seized a Kimber .223
assault rifle and a .357 Magnum
which were both located in the bed
room closet and a digital scale on the
kitchen counter. They also seized an
undetermined amount of U.S. cur
rency which was located in Wyatt’s
pocket.
Wyatt and Usher were arrested and
transported to DeKalb County Jail.
The U.S. currency was transported to
BB&T Bank where it was counted by
an employee and determined to be
$660.00. The currency was then de
posited in an account at the bank.
++Wyatt and Usher++ were charged
with Violation of the Georgia Con
trolled Substances Act. The
marijuana, crack/powder cocaine,
MDMA pills, oxycontin/oxycodone
pills and powder MDMA are subject
to forfeiture pursuant to O.C.G.A. §
16-13-49(d)(1). The currency is sub
ject to forfeiture pursuant to O.C.G.A.
§ 16-13-49(d)(2) and (d)(6). The
weapon is subject to forfeiture pursu
ant to O.C.G.A. § 16-13-49(d)(4).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Assistant District At
torney,
Rita B. Lewis, by certified mail, re
turn receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Rita B. Lewis
Georgia Bar No. 387627
Assistant District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email: rblewis@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-372181 5/7,5/14,5/21JH
In re: APPROXIMATELY 32 GRAMS
OF COCAINE; APPROXIMATELY
520 XANAX PILLS; et al.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
5, 2015, the property described be
low was seized at 3323 Glenrose
Trail, DeKalb County, Georgia by De
tective M. D. Crews of the DeKalb
County Police Department:
1. Approximately 32 grams of co
caine; and
2. Approximately 520 Xanax pills;
and
3. Eight hundred fifteen dollars
($815.00) in U.S. Currency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of Xanax
pills and cocaine.
b. was found in close proximity to
said Xanax pills and cocaine; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
During the month of February, 2015,
the DeKalb County Narcotics Unit
joined forces with the Rockdale
County Sheriff’s Department to in
vestigate illegal drug activity at 1230
Franklin Circle, Atlanta, unincorpor
ated DeKalb County. The findings of
this investigation resulted in a search
warrant being executed on March 5,
2015, which resulted in 5.1 pounds of
Marijuana, 1,588.5 Xanax Pills, 6.2
grams of Cocaine, 20.6 grams of Bu
tane Honey Oil and 7 Adderall Pills
being confiscated. It also resulted in
3 arrests being made. Upon arrest
ing the subjects, one of the Defend
ants agreed to cooperate with the
Detectives by agreeing to contact
their drug supplier, identified as
++Edward Culton,++ and conduct a
controlled buy. The Cooperating De
fendant contacted Culton a total of
four (4) times (all calls were recor
ded) and arranged to purchase 2.5
ounces of Cocaine and 1000 “bars”
(Xanax Pills). The Cooperating De
fendant was shown a photo of Culton
so that he could be readily identified
upon his arrival to the location.
Later that evening, Culton arrived to
the location and knocked on the door.
As he entered the residence, he was
immediately taken into custody based
on the previous calls outlining a drug
transaction. Upon conducting the
search of Culton, incident to his ar
rest, the Detectives located a zip lock
bag containing 520 Xanax Pills and
two (2) sandwich bags containing a
total of 32 grams of Cocaine, which
was located in his left jacket pocket.
They seized an undetermined
amount of U. S. currency which was
located in his right pants pocket.
Culton was arrested and transported
to DeKalb County Jail. The U.S. cur
rency was transported to BB&T Bank
where it was counted by an employ
ee and determined to be $815.00.
The currency was then deposited in
an account at the bank.
Culton was charged with Violation of
the Georgia Controlled Substances
Act. The Xanax pills and cocaine are
subject to forfeiture pursuant to
O.C.G.A. § 16-13-49(d)(1). The cur
rency is subject to forfeiture pursuant
to O.C.G.A. § 16-13-49(d)(2) and
(d)(6).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Assistant District At
torney,
Rita B. Lewis, by certified mail, re
turn receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Rita B. Lewis
Georgia Bar No. 387627
Assistant District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email: rblewis@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-372182 5/7,5/14,5/21JH
In re: APPROXIMATELY 5.1
POUNDS OF MARIJUANA; AP
PROXIMATELY 1,588.5 XANAX
PILLS; APPROXIMATELY 6.2
GRAMS OF COCAINE; APPROXIM
ATELY 20.6 GRAMS OF BUTANE
HONEY OIL (DERIVATIVE OF
MARIJUANA); APPROXIMATELY 7
ADDERALL PILLS; et al.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
5, 2015, the property described be
low was seized at 1230 Franklin
Circle, DeKalb County, Georgia by
Detective M. D. Crews of the DeKalb
County Police Department:
1. Approximately 5.1 pounds of
marijuana; and
2. Approximately 1,588.5 Xanax pills;
and
3. Approximately 6.2 grams of co
caine; and
4. Approximately 20.6 grams of bu
tane honey oil (derivative of
marijuana); and
5. Approximately 7 Adderall pills; and
6. Four thousand three hundred fif
teen dollars ($4,315.00) in U. S. Cur
rency; and
7. (3) Grinders; and
8. (2) AWS digital scales; and
9. (60) Plastic bags.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
marijuana, Xanax pills, cocaine, bu
tane honey oil (derivative of
marijuana and Adderall pills.
b. was found in close proximity to
said marijuana, Xanax pills, cocaine,
butane honey oil (derivative of
marijuana and Adderall pills; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
During the month of February, 2015,
Rockdale County Sheriff Sergeant
Welch contacted Detective Crews, of
the DeKalb County Police Narcotics
Division, to advise him that they had
received information from a Cooper
ative Defendant regarding illegal
drugs being sold at 1230 Franklin
Circle, Atlanta and unincorporated
DeKalb County. In an effort to invest
igate this matter, the Rockdale
County Sheriff’s Department joined
forces with the DeKalb County Nar
cotics unit. On February 27, 2015
Sergeant Welch, of Rockdale County
Sheriff, entered the residence at
1230 Franklin Circle, in an undercov
er capacity, during a large open
house party. While inside the loca
tion, Sergeant Welch met with the
subject identified as Satvik Samani
and purchased 1 gram of cocaine
and 60 Xanax Pills for $160.00 U. S.
currency, derived from the DeKalb
County Investigative Fund. Due to
this illegal sale, a search warrant was
granted and on March 5, 2015, mem
bers from the DeKalb County Narcot
ics unit, along with members of the
Rockdale County Sheriffs Office, ex
ecuted the search warrant.
Upon entering the location, the De
tectives made contact with John
Lent-Jes, Yan Sheng and Richard
Marsh, and each subject were de
tained. Upon searching the location,
they were able to identify which
rooms belonged to each subjects
(Samani, Lent-Jes and Yan Sheng)
due to rooms having personal items
and documents that was specific to
them.
In the bedroom that was identified to
be Satvik Samani, Officers located a
safe that contained 3 separate large
plastic vacuum sealed bags of
marijuana weighing a total of 1
pound, 2 small plastic zip lock bags
containing a total of 1,579 Xanax
pills, 1 small plastic bag containing 7
Amphetamine Dextroamphetamine
30 mg pill (Adderall), 6 grams of co
caine and a small plastic bag contain
ing less than an ounce of marijuana.
In his dresser, they located two (2)
medium plastic baggies containing
less than an ounce of marijuana and
in another area of the room they loc
ated another 9.5 Xanax pills. They
seized an AWS digital scale, 3
marijuana grinders and an undeter
mined amount of U. S. currency,
which was located in the safe, his
wallet, under the bed and in his
dresser drawer.
Inside the bedroom that was determ
ined to belong to Yan Sheng, they
located a Sentry Safe in his dresser
drawer which contained a small
plastic baggie containing less than an
ounce of marijuana. Next to the safe,
they located .2 grams of cocaine.
They seized an undetermined
amount of U. S. currency, which was
located in the safe located in his bed
room drawer.
In the bedroom that was determined
to belong to John Lent-Jes, they loc
ated 20.6 grams of butane honey oil,
which is extracted from marijuana,
which was located in his refrigerator
and on his window sill. They seized
an AWS digital scale.
In the basement, an area of the resid
ence that each of the subjects had
equal access, the Detectives located
4 large bags containing marijuana,
where each package contained 1
pound each. These bags were con
cealed in an unused stove.
++John Lent-Jes and Yan Sheng
were arrested and transported to
DeKalb County Jail. Satvik Samani
was not at the location; however he
was arrested on March 6, 2015.++
The U.S. currency was transported to
BB&T Bank where it was counted by
an employee and determined to be
$4,315.00. The currency was then
deposited in an account at the bank.
Lent-Jes and Yan Sheng were
charged with Violation of the Georgia
Controlled Substances Act. The
marijuana, Xanax pills, cocaine, bu
tane honey oil (derivative of
marijuana) and Adderall pills are sub
ject to forfeiture pursuant to O.C.G.A.
§ 16-13-49(d)(1). The currency is
subject to forfeiture pursuant to
O.C.G.A. § 16-13-49(d)(2) and (d)(6).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Assistant District At
torney, Rita B. Lewis, by certified
mail, return receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Rita B. Lewis
Georgia Bar No. 387627
Assistant District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email: rblewis@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-372595 5/14,5/21,5/28wg
In re: APPROXIMATELY
2.5 POUNDS
OF METHAMPHETAMINE;
et al. NOTICE OF
SEIZURE OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
12, 2015, the property described be
low was seized at 1924 Waterfront
Way, DeKalb County, Georgia by De
tective M.C. Wade of the DeKalb
County Police Department:
1. Approximately 2.5 pounds of
methamphetamine; and
2. Two thousand six hundred sixty
eight dollars ($2,668.00) in U.S. Cur
rency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
methamphetamine.
b. was found in close proximity to
said methamphetamine; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
During the month of March, 2015,
DeKalb County Narcotics Unit re
ceived information from a Cooperat
ing Defendant regarding illegal nar
cotic trafficking taking place between
Clayton County and DeKalb County.
It was advised that a Hispanic male,
driving a 2004 white Ford F-
150 bearing Georgia tag PFJ8381
was transporting large amounts of
methamphetamine between Clayton
County and DeKalb County.
On March 12, 2015, in an effort to in
vestigate this illegal activity, DeKalb
County Narcotics Unit located the
vehicle at 91 Cat Tail Loop, Ellen-
wood, Ga. Surveillance was set up
on the vehicle, and upon the vehicle
leaving the location, mobile surveil
lance began at which time the vehicle
was followed as it entered DeKalb
County. As the F-150 traveled down
285 westbound near Moreland Aven
ue, Detective Darley, of the DeKalb
County Narcotics Unit, observed the
vehicle make an improper lane
change, by failing to signal. A traffic
stop was initiated at Moreland Aven
ue and Custer Avenue by DeKalb
County Uniform Officer, T. C. John
son. Upon making contact with the
driver, who was identified as
++Heriberto Garcia++, he was ad
vised of the reason for the stop and
the officer requested his driver’s li
cense. Upon running his driver’s li
cense on NCIC, it revealed that Gar
cia’s driver license was expired.
While the officers were writing the
traffic citations, Det. R. E. Viar, of the
DeKalb County K-9 Unit, responded
to the scene where an open air sniff
was conducted of the exterior of the
vehicle, which resulted in a positive
alert near the passenger side door.
Upon this positive alert, the K-9 con
ducted a sniff of the interior of the
vehicle, which alerted to the front
dash area near the glove box. Due to
this alert, Det. Viar searched the
vehicle and located a clandestine
compartment above the glove box.
Det. Viar was able to access the
compartment and located two plastic
containers containing 2.5 pounds of
Methamphetamine, at which time
Garcia was taken into custody. Upon
searching him, incident to his arrest,
an undetermined amount of US Cur
rency was located in his pocket.
Garcia was arrested and transported
to DeKalb County Jail. The U.S. cur
rency was transported to BB&T Bank
where it was counted by an employ
ee and determined to be $2,668.00.
The currency was then deposited in
an account at the bank
Garcia was charged with Violation of
the Georgia Controlled Substances
Act. The methamphetamine is sub
ject to forfeiture pursuant to O.C.G.A.
§ 16-13-49(d)(1). The currency is
subject to forfeiture pursuant to
O.C.G.A. § 16-13-49(d)(2) and (d)(6).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Assistant District At
torney, Rita B. Lewis, by certified
mail, return receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Rita B. Lewis
Georgia Bar No. 387627
Assistant District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email: rblewis@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-372596 5/14,5/21,5/28wg
In re: APPROXIMATELY
11 GRAMS OF MARIJUANA;
APPROXIMATELY 2 OUNCES
OF PROMETHAZINE
WITH CODEINE; et al.
NOTICE OF
SEIZURE OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
8, 2015, the property described be
low was seized at 1236 Executive
Park Drive, DeKalb County, Georgia
by Officer Delroy Stewart of the
Brookhaven Police Department:
1. Approximately 11 grams of
marijuana; and
2. Approximately 2 ounces of pro
methazine with codeine; and
3. One thousand eight hundred sixty
seven dollars ($1,867.00) in U.S.
Currency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
marijuana and promethazine with
codeine.
b. was found in close proximity to
said marijuana and promethazine
with codeine; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
More specifically, on March 8, 2015
at 0700 while checking the parking lot
for the Courtyard by Marriott Hotel
Officer Stewart observed a dark
colored Dodge running with its lights
on. He decided to conduct a welfare
check on the occupants if there were
any.
As Officer Stewart approached the
driver side door (with his flashlight
on) he observed two male black sub
jects asleep inside the vehicle. He
also observed a clear plastic bag with
a greenish/brown substance hanging
out of the driver’s left jacket pocket.
Officer Stewart knocked on the win
dow to get the drivers attention and
he woke up and rolled down the win
dow so he could speak. As the win
dow came down Officer Stewart
smelled, based on his training and
experience what he identified as
marijuana.
Both subjects were asked to step out
of the vehicle and the driver identi
fied as Mr. ++Robert Dupont++ was
placed in custody for the marijuana
possession. He was searched and
during the search a large amount of
cash from his right front pants pocket
was removed. The cash was coun
ted in front of Mr. Dupont and Sgt.
Goode and the total was $1,867.00
U. S. currency. The denominations of
the currency were:
18 $100.00 bills
3 $20.00 bills
1 $ 5.00 bill
2 $1.00 bills
Mr. Dupont was advised that be
cause of the charges his cash would
be seized. He initially stated he with
drew $2,800.00 from his bank of
America account but later on states
the money came from an insurance
settlement.
The passenger identified as Mr.
Robert Patterson was also searched
at the scene and he did not have
weapons, drugs or contraband on his
person.
Mr. Dupont was advised his vehicle
would be impounded since neither he
nor his passenger had a valid li
cense to operate the vehicle.
During the inventory conducted by
Officer Miller a bottle of Pro
methazine Hydrocloride and Codeine
Syrup was located in a brown travel
back pack that was on the back seat.
At that time Mr. Dupont was advised
of his Miranda Rights and he ac
knowledged he understood his Mir
anda Rights which he waived and
said he wanted to speak to us about
the Codeine syrup.
Mr. Dupont was questioned about the
Syrup by Officer Jones and he ac
knowledged that it belonged to him
and not to his passenger and that he
did consume the syrup with sprite
soft drink earlier in the night.
He was searched, rears cuffed,
double locked and checked for fit and
placed in the back seat of my patrol
car. The vehicle was checked before
and after Mr. Dupont was placed in
the vehicle for drugs, weapons, con
traband and tools of escape and
none were found.
Mr. Patterson was identified and re
leased and Mr. Dupont was transpor
ted to the Brookhaven Police Depart
ment where he was placed in the
holding cell while Officer Stewart ap
plied for and obtained arrest war
rants for possession of marijuana
less than an ounce and possession
of a schedule V controlled substance.
The vehicle was checked before and
after Mr. Dupont was placed in the
vehicle for drugs, weapons, contra
band and tools of escape and none
were found. He was transported to
the jail for processing.
The marijuana and Codeine syrup
was placed into property as evid
ence, the currency seized. Brown
and Brown wrecker services respon
ded to the scene and removed the
vehicle to their storage facility. Mr.
Dupont was advised of the proced
ures for retrieving his vehicle.
Dupont was charged with Violation of
the Georgia Controlled Substances
Act. The marijuana and pro
methazine with codeine are subject
to forfeiture pursuant to O.C.G.A. §
16-13-49(d)(1). The currency is sub
ject to forfeiture pursuant to O.C.G.A.
§ 16-13-49(d)(2) and (d)(6). Pursu
ant to O.C.G.A. § 16-13-49(n)(3), any
claim to the seized property must be
sent within thirty days to the seizing
law enforcement agency AND to As
sistant District Attorney, Rita B.
Lewis, by certified mail, return re
ceipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Rita B. Lewis
Georgia Bar No. 387627
Assistant District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email: rblewis@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-372597 5/14,5/21,5/28wg
In re: APPROXIMATELY
13 OUNCES OF
MARIJUAN; et al.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED
AT $25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
19, 2015, the property described be
low was seized at 6380 Indian Acres
Trail, DeKalb County, Georgia by De
tective T. B. Darley of the DeKalb
County Police Department:
1. Approximately 13 ounces of
marijuana; and
2. Three thousand five hundred thir
teen dollars ($3,513.00) in U.S. Cur
rency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
marijuana.
b. was found in close proximity to
said marijuana; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
More specifically, on March 19, 2015,
Detective Darley responded to 3298
Lawrenceville Hwy., Tucker, in refer
ence to assisting on a Narcotic In
vestigation that was being conducted
by Detective Crews and the Tucker
and Center Net Teams, where upon
executing a search warrant at the loc
ation, they located 5.18 ounces of
marijuana and 32 Xanax pills and
other evidence that yielded findings
that the location was being used to
distribute illegal drugs.
While at the location, Detective Dar
ley observed a black Dodge Avenger
arrive to the
location. Due, to the investigation that
was being conducted for Officer
Safety, the Detective made contact
with the driver, identified as ++Lery-
an Ross++. While speaking to Ross,
the Detectives observed there to be
an odor of marijuana emitting from
the interior of the vehicle, at which
time K-9 unit Sgt. Cusimano was re
quested to respond to the scene.
Upon his arrival, an open air sniff of
the vehicle was conducted, which
yielded a positive alert to the pres
ence of an illegal narcotic. Detective
Darley advised Ross of their findings,
at which time Ross gave them verbal,
as well as written consent, to search
his vehicle. Upon the Detective
searching his vehicle, they located 13
ounces of high grade marijuana,
which was located in 3 vacuum
sealed bags located in a blue draw
string bag on the floor behind the
front passenger seat. They seized an
undetermined amount of U. S. cur
rency, which was located in the
vehicle in a green book bag sitting on
the back seat behind the front pas
senger seat. They also seized the U.
S. currency, which was located in
Ross’s pants and jacket pocket.
Ross was arrested by a DeKalb
County citation. The U.S. currency
was transported to BB&T Bank where
it was counted by an employee and
determined to be $3,513.00. The cur
rency was then deposited in an ac
count at the bank.
Ross was charged with Violation of
the Georgia Controlled Substances
Act. The marijuana is subject to for
feiture pursuant to O.C.G.A. § 16-13-
49(d)(1). The currency is subject to
forfeiture pursuant to O.C.G.A. § 16-
13-49(d)(2) and (d)(6).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Assistant District At
torney,
Rita B. Lewis, by certified mail, re
turn receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit