I was appointed to represent a client who was the target of a multi-agency drug sting where agents from The Texas DPS Drug Task Force, Precinct 3 Montgomery County Constable’s Office, Texas DPS Troopers, and Shenandoah Police Department worked a cooperative witness to call and set up a controlled buy of narcotics.
According to the Offense Report, a Deputy Constable initiated a traffic stop at the behest of the Texas DPS Task Force for illegal window tint. The client stopped, and when traffic started moving, he did, too. Within 25 yards of the initial stop, multiple law enforcement vehicles surrounded the client’s vehicle and yelled for the client to exit the vehicle, or they would shoot him. The client exited along with two passengers.
A search was done by a Police K9, which alerted officers to the presence of drugs. Officers searched incident to the K9 alert and located 252 grams of Methamphetamine and 1.7 grams of Fentanyl.
Officers charged my client with Manufacture or Delivery Penalty Group 1 in the amount of 200-400 grams for the 252 grams of Methamphetamine located in the back seat area. They also charged him with Felony Evading Arrest using a Vehicle, and a Class A Misdemeanor Violation of a Protective Order for being in the presence of a complainant in another case out of Houston.
It looked dire for my client. There were phone calls and texts between him and the confidential informant. There were body warn videos, in car videos, and a full Narcotics Task Force using a K9. My client had been to prison on more than one occasion, had open 25 to life felony charges in Houston, and more.
As indicted, the drug charge was an enhanced first-degree felony carrying a range of punishment of 10 years to life in prison and up to a $100,000.00 fine. The Evading was a State Jail felony carrying a range of punishment of up to 2 years in prison and up to a $10,000.00 fine. The Misdemeanor carried a range of up to one year in county jail and up to a $4000.00 fine. With the client’s criminal history, the drug charge was enhanced to a minimum of 25 years in prison and up to a $100,000.00 fine. The Evading carried a range of punishment of 2 to 20 years in prison and up to a $10,000.00 fine, and there was a deadly weapon alleged for the motor vehicle.
The state’s offer was 25 years in prison.
When I dove into the evidence, I noticed things weren’t as they seemed. The evading was questionable, at best. The client stopped initially, but when traffic started moving, he used his turn signal to try to move to a parking lot. Within 30 feet, officers surrounded him. The window tint didn’t appear to have been tested by any officer. DPS Narcotics Officer stated my client was on the ground for suspicion of dealing meth….and window tint – an apparent incongruent reason with the offense report. All issues which could be raised at trial. The Violation of the Protective Order was for a protective order that expired more than a week before the stop (but the officers say in their Offense Report they called to verify it was still good.)
The big issue was the drugs and the search. I delved deeper into the K9 unit and their training. Upon watching one of the videos, it appeared a separate agency ran their K9…and it didn’t alert. The Officer shrugged his shoulders as if to say I don’t know…The officer listed in the Offense Report as the K9 unit then says… “Let me get my dog.” It alerted. The initial K9 unit was never listed in any offense report by any other officer. They never turned in a supplement nor any dash or body cam. It appeared to me the agencies were attempting to hide the initial search with negative results. They didn’t even want the prosecutors to know.
After several months of reading, watching videos, and finding more issues, prosecutors were persuaded to dismiss all charges against my client. I am always thankful when I can work with prosecutors who just get it.
My client was tearful and very thankful for the hard work I put into this case and knew I was ready to take it to trial. He was, too.