WOODLAND, CA – Judge Daniel Wolk decided to keep all eight charges for both of the accused despite the defense claiming a lack of evidence during a preliminary hearing last Thursday in Yolo County Superior Court.
According to court records, both accused are facing three felony counts of possession of controlled substances, three felony counts of transport with intent to sell narcotic substances, one felony count of conspiracy to commit a crime, and a misdemeanor count of unlawful possession of paraphernalia used by injection/smoke.
Allegedly, on Oct. 8, a county deputy observed a suspicious vehicle parked at a rest stop, while the officer was looking for the two accused. Upon closer investigation, the officer claimed he discovered both of the accused sleeping inside the vehicle with evidence of drug use.
The officer told the court he estimated that they had been inside the vehicle for about six hours before he arrived, noting the car had some sort of condensation on the windows, indicating that it had not been driven for a while.
The officer reported when he searched the vehicle, he found three bags that contained methamphetamine, heroin, and fentanyl. In addition, he also discovered multiple needles, two bongs, and a scale with residue.
During a conversation with the accused, the officer noted that both of the accused appeared to be under the influence, though the man on the driver’s side appeared to have a “more severe reaction.”
The vehicle had one accused and another woman on the passenger side of the vehicle who told the officer that they were on their way back from a trip to Six Flags. She claimed they had left for their trip Oct. 5.
After measuring the weight of each drug, the officer testified he found a total of 87.85g of fentanyl, 64.6g of methamphetamine, and 71.25g of heroin.
Gary Richter, a detective sergeant in Yolo County and an expert in narcotics, claimed the number of drugs present at the scene appeared to be much more than one would carry if they were using it for personal use, and, consequently, Deputy District Attorney Alo Patchen suggested the accused had the intention of selling the drugs found in the vehicle.
However, Conflict Attorney Rob Gorman pointed out the accused claimed to not know how much a gram of fentanyl or methamphetamine costs. Gorman, on behalf of one of the accused, argued the court lacked evidence the accused on the passenger’s side of the vehicle had a specific intent to sell any of the substances present.
DDA Patchen countered two of the three bags of drugs found were located on the passenger’s side, which could prove that she “was, in fact, intend(ing) to sell.” Moreover, he referred back to witness testimony and claimed it is not uncommon for drug dealers to claim they are unsure of drug costs.
Still, DPD Gorman insisted the prosecution lacks sufficient evidence to suggest the accused had the intention to sell the drugs.
In addition, Deputy Public Defender Stephen Betz, representing one of the accused, suggested to the court that two of the eight felony charges for the transportation of drugs should be dropped because there was no evidence the vehicle was in motion.
DPD Betz said, as the officer’s testimony suggests, the condensation on the windows shows the vehicle has been parked for a long period of time and the officer claimed to not have seen the vehicle in motion. DPD Betz pointed out that the location of the vehicle was known to be an area where drug dealing happens quite often.
Despite this, DDA Patchen asserted with the placement of the drugs and the presence of used syringes it is a fair conclusion the drugs had already been in the vehicle prior to when the accused arrived at the rest stop.
DPD Betz maintained that, in many cases, drug addicts may keep empty needles in the car and that the presence of the needles was proof that the vehicle was in motion.
Additionally, DPD Betz claimed that the remaining counts related to the possession of fentanyl and the alleged selling of drugs should be dropped because of insufficient evidence.
According to witness testimony, there were no baggies of drugs or large amounts of cash present in the vehicle that would allude to the selling of drugs.
The officer also mentioned that the fentanyl on site was not tested, but he could identify it based on previous encounters with the drug. However, the defense did not find this to be sufficient evidence the substance was fentanyl.
The officer admitted there were substances that resembled fentanyl but did not have any narcotic effects.
DDA Patchen said the variety of the drugs was concerning. For the length of the trip, the prosecution noted, one would expect to see maybe “12g to 15g,” but the amount present was “significantly more.”
As for the fentanyl argument, DDA Patchen told the court the accused had previously admitted to using fentanyl and methamphetamine. In addition, DDA Patchen argued the accused showed signs of being under the influence with symptoms typically of fentanyl usage.
“It’s pretty obvious” the substance in question was fentanyl, DDA Patchen argued.
Judge Wolk stated the “court does believe there to be sufficient evidence for all counts.” The arraignment hearing is scheduled to take place later in the month.
