• December 28, 2014

Synthetic marijuana case thrown out

Smoke Shop owner will walk due to inconsistencies in reports

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Posted: Wednesday, June 26, 2013 4:30 am

A Killeen man arrested in what was called the largest seizure of synthetic marijuana in Bell County’s history will walk free after lawyers found inconsistencies with Killeen police statements.

Anthony Joseph, the 43-year-old proprietor of the Rancier Avenue business Smoke Shop that closed after his arrest, was charged with three felonies and could have faced life in prison for allegedly selling and possessing thousands of dollars worth of synthetic cannabis often known as “Spice” or “K2.”

Police from the multiagency Bell County Organized Crime Unit raided Joseph’s business based on the investigation of Killeen police Sgt. Eureka Williams.

Williams, who was a detective at the time, filed a search warrant affidavit stating a substance obtained from the business by a confidential informant tested positive as synthetic cannabis. However, Joseph’s attorney, David Fernandez, uncovered a report Williams created two days prior stating the substance was not synthetic marijuana.

Fernandez said Williams lied to a local judge when she filed the sworn affidavit, while the department’s spokeswoman Carroll Smith said the inconsistency was “human error” with “no malice in its intent.”

“Detective Eureka Williams, the lead detective in Anthony Joseph’s case, misled and deceived Judge Cooke in a sworn search warrant affidavit in order to get a search warrant for the Smoke Shack,” Fernandez wrote in an emailed statement.

A copy of the report stated Williams provided the informant with $60 on Sept. 25 to buy synthetic cannabis from the smoke shop. The informat purchased 10.5 grams of the substance, which later tested as negative.

The report concludes with stating the case is closed and the evidence should be destroyed.

Two days later, Williams filed a search warrant affidavit with Justice of the Peace Bill Cooke in which she stated the substance tested positive as an illegal drug.

The Bell County District Attorney’s Office dismissed charges against Joseph on Friday, “in the name of justice,” according to court documents.

“It is not an action we take lightly or one we do with frequency,” District Attorney Henry Garza said. “We had a host of issues that had developed related to this prosecution.”

Police first arrested Joseph in September after raiding his business. They charged him again in February after searching his home. In total, police found more than a kilogram of suspected synthetic cannabis.

Officers also seized more than $60,000 in cash and Joseph’s vehicle. They will all be returned to him now that the cases against him have been thrown out, Fernandez said.

Smith, the police spokeswoman, noted that much of the substances later seized by police did test positive as synthetic cannabis. Fernandez said about 3 grams tested positive. The district attorney said many jurisdictions are dealing with issues of chemists changing the formula of synthetic cannabis to avoid detection.

“The manner of formula is frequently changed after a law is changed,” Garza said.

Williams is a 10-year veteran of KPD. She was promoted to sergeant in March and supervises the patrol division’s p.m. shift.

 

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11 comments:

  • theTruth posted at 1:22 pm on Wed, Jul 3, 2013.

    theTruth Posts: 1

    There were three(3) cases. All about 6 months apart AND at 2 different locations. Is it really believable that ALL 3 cases were dropped because of a "copy and paste" error on "one" of them?? Why were the others dropped? What were the "host of issues" stated by officer Garza with this case--more corruption that hasn't been made public? This officer shamelessly used thousands of taxpayers dollars to get herself promoted by trying to put someone in prison for life through falsifying documents and lying to a judge. WHY isn't she being prosecuted? Martha Stewart served federal time for less.

     
  • TDS posted at 4:09 am on Sat, Jun 29, 2013.

    TDS Posts: 6

    Say all you want to about the KPD but don't say anything negative about a business that buys advertising in the Daily Herald, as your comment will be deleted...

     
  • Eliza posted at 2:50 pm on Thu, Jun 27, 2013.

    Eliza Posts: 904

    And even though money had to be spent on setting the case up, now that the former accused's case has been thrown out.
    There is still the chance of this accused filing a law suit against the City,PD, The People since they would be the ones who would have to use their tax money to pay off on account of a lie.
    Its a never ending story.

     
  • Eliza posted at 2:43 pm on Thu, Jun 27, 2013.

    Eliza Posts: 904

    @ Why trust a Defence Attorney anyway

    You don't have to trust a defense attorney, The accused may have just gotten out of Sing Sing prison, But for the case he was being tried for and which was thrown out by the DA,documents had been falsified.
    Just re-read what was written, ---

    The Bell County District Attorney’s Office dismissed charges against Joseph on Friday, “in the name of justice,” according to court documents.---

    Now this patrol person integrity's will be questionable in court cases, in the future, since its now known she's falsified documents in the hopes of winning a case.

     
  • That'sallFolks posted at 10:46 am on Thu, Jun 27, 2013.

    That'sallFolks Posts: 2

    If u go to KWTX.COM, there is evidence that there was never suppose to have a case in the first place. The substance was tested as neg and her supervisor said case close....however, she was not happy with that so she change the results from neg to pos all because she needed the arrest to get promoted...Only in Killeen can a police get away with such nonsense and still a promotion. The justice system at its finest. [wink]

     
  • Rick Day posted at 1:30 am on Thu, Jun 27, 2013.

    Rick Day Posts: 1

    So this officer of the law brazenly lied to a judge, cost the city and county thousands of dollars, blew an open and shut case caused pain and suffering without due process... and she is getting promoted??

    Only in America.

     
  • That'sallFolks posted at 6:32 pm on Wed, Jun 26, 2013.

    That'sallFolks Posts: 2

    U must be the biggest idiot known to killeen. Because someone has a rap sheet that means they are guilty until proven guilty....plz check into ur facts first before u start making ignorant comments. Something does smell fishy and its Sgt Eureka Williams, she wanted a conviction sooo bad she falsity information and it WAS done in BLACK AND WHITE....The news is telling u what really happened, who do u expect to say otherwise,u have info from the police and the lawyers involve...Are you reading the same article as everyone else, I think not. [censored][sneaky]

     
  • Golden Rule posted at 3:46 pm on Wed, Jun 26, 2013.

    Golden Rule Posts: 1

    There are two sides to every story...no one should pass judgement. Anyone can slander anybodys name to benefit themselves. Cause what is written is not always the truth....If you take the time to read the past KDHnews article (below), this man has a wrap sheet! And if evidence is not enough to convict...DON'T KNOW WHAT IS! But quick to convict someones character and integrinty. Why trust a Defence Attorney anyway! They defend the criminals. Somthings smells fishy...Does anyone know what really happened?
    -------------------------------------------------------------------------------------------------------
    Man indicted in largest Spice seizure
    Charged with intent to deliver 400 grams or more

    Posted: Thursday, February 21, 2013 4:30 am

    Man indicted in largest Spice seizure Philip Jankowski | Herald staff writer The Killeen Daily Herald | 2 comments

    Posted on February 21, 2013
    by Philip Jankowski
    BELTON — A Bell County grand jury indicted a Killeen man Wednesday in what will be the biggest prosecution against synthetic marijuana in the county’s history.

    Anthony Joseph, the 43-year-old owner of the Rancier Avenue business Smoke Shack, was indicted on a charge of possession with intent to deliver a controlled substance, 400 grams or more.

    Joseph’s charge was upgraded to a first-degree felony because of a 1998 conviction of possession of cocaine.

    On Sept. 28, Killeen police seized more than 50 packs of synthetic marijuana commonly known as Spice or K-2.

    Court documents stated Joseph was selling the banned substance from his drive-through business.

    In total, police took in 775 grams of the substance, after finding more than 500 grams hidden inside a microwave at the business and other individually wrapped packages.

    The packs were marked with product names such as Cherry Blast Spice, Blue Jay Spice and Kush, an arrest affidavit stated.

    Though the county prosecuted cases of drug possession involving Spice, First Assistant District Attorney Murff Bledsoe said Joseph’s case is the largest Spice seizure since it was outlawed.

    If convicted, Joseph could face up to life in prison.

    ----------------------------------------------------------------------------------------------
    http://kdhnews.com/news/crime/man-indicted-in-largest-spice-seizure/article_cae7d67c-7be0-11e2-8872-0019bb30f31a.html

     
  • Killeenite posted at 3:24 pm on Wed, Jun 26, 2013.

    Killeenite Posts: 18

    My point exactly!

     
  • Killeenite posted at 3:23 pm on Wed, Jun 26, 2013.

    Killeenite Posts: 18

    Again, KPD making a shameful stand, BRAVO! Misleading the judge and the justice system "without no malice in its intent," yeah right - the intent was willful and deceiving! But his is how KPD operates! This informant has been informing for the past three years...and KPD will do anything for a nickel...It is a shame to waste the tax payers money on phony investigations, coerced information, and wrongful paid salaries. In the name of justice - D.A. Garza - who is working tight knit with the KPD bring the murderer of Stanley Young (March 2010) to justice and then focus on the deceiving detective with a punishment.

     
  • Eliza posted at 8:34 am on Wed, Jun 26, 2013.

    Eliza Posts: 904

    @ Fernandez said Williams lied to a local judge when she filed the sworn affidavit, while the department’s spokeswoman Carroll Smith said the inconsistency was “human error” with “no malice in its intent.”

    -----------
    The tax payers of Killeen,have had to go through the embarrassment of a KPD Sgt who was involved with a teenager in a 'love affair', a Police Sgt. who used tax payer facilities' for personal work done on a private owned engine, (in which his Chief stated ,the Officer didn't know the rules and didn't know he shouldn't have done what he did.and now ,
    a Police Sgt.who has lied about an arrestee, involved a Judge in the lie, and has caused ANOTHER possible law suit to be filed against the tax payers of the city,
    Has all of these incidents happened because of 'human error'? I think they've happened because the people involved knew exactly what they were doing.

    There's no such thing as human error when someone's freedom is taken using a lie ,they are placed under arrest and property is confiscated.
    Who is running the dept. in that they had no knowledge of any of these embarrassing 'errors' and ones which could be costly to the tax payer again.
    I believe the people are getting a little tired of paying off for others mistakes.