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This Week's Corrupt Cops Stories

Sleazoid LAPD cops get nailed on sex charges, an Ohio drug task force officer gets nailed and hangs himself, a Kentucky special deputy gets charged (again) in a drug trafficking scheme, and more. Let's get to it:

In Los Angeles, two former LAPD officers were arrested last Wednesday on charges they extorted sexual favors from four women they had arrested on drug charges. James Christopher Nichols and Luis Gustavo Valenzuela face multiple counts of forcible rape, rape under color of authority, oral copulation under color of authority, and oral copulation by force. The pair of officers had been investigated for "luring women into cars and forcing them to perform sex acts" in 2013, but that investigation only gained traction when multiple women came forward. They are now looking at up to life in prison.

In Delaware, Ohio, a former Reynoldsburg police officer was arrested last Thursday on charges he was peddling various drugs. Officer Tye Downard, 43, a veteran SWAT officer and member of the department's drug task force, was accused of making more than 20 drug deliveries to another person since October and was charged with possession with intent to distribute and distribution of a controlled substance. Early Monday morning, he committed suicide at the jail where he was being held.

In Louisville, Kentucky, a former Bullitt County special deputy was arrested last Friday as part of a bust of six people charged with distributing large amounts of cash and more than a ton of marijuana from Bullitt County. Chris Mattingly is accused of being the head of a drug cell that coordinated with a drug cartel operation in Riverside, California. He is charged with marijuana and methamphetamine distribution offenses, and he is also accused of plotting to kill a drug task force member investigating him. He was earlier indicted last October after being arrested with $237,000 in cash in California and has been in jail ever since.

In Tucson, Arizona, a former Customs and Border Patrol officer was sentenced last Wednesday to eight years in federal prison after pleading guilty to conspiring to smuggle marijuana and accepting bribes to let loads of pot through. Johnny Acosta was a port of entry inspector at the Douglas, Arizona, port of entry. He had attempted to flee to Mexico last October, but was caught by the FBI at the International Bridge in Nogales.

Chronicle AM: Supreme Court Takes Up CO Legalization, DEA Can't Keep Track of Evidence, More... (2/19/16)

The Supreme Court will decide if the case against Colorado can go forward, Ohio pot legalizers call it quits for now, Detroit dispensaries are facing a crackdown, a New Jersey bill would criminalize pregnant women who use drugs, and more.

Where did the drugs go? (justice.gov)
Marijuana Policy

Supreme Court Hears Case Against Colorado Legalization Today. The nation's highest court is deciding whether to take up a challenge against the state's legal marijuana law from neighboring Nebraska and Oklahoma. The death of Justice Antonin Scalia last weekend could alter the balance. If the court splits conservative vs. liberal, that would mean a 4-4 vote on the case. In regular cases that would mean that lower court rulings would hold. But the Supreme Court has "original jurisdiction" when states sue each other, meaning that there are no lower court rulings, raising the question of what would happen next.

Ohio Legalization Initiative Campaign Calls It Quits. The group, Legalize Ohio 2016, says it has put its signature gathering drive on hold because it doesn't have any money. The group's political action committee, Ohioans to End Prohibition, had only $268 in the bank. The group has some 80,000 signatures, but needs more than 300,000 valid voter signatures to qualify for the ballot. It says it will instead concentrate on supporting the Marijuana Policy Project's medical marijuana initiative.

Medical Marijuana

Detroit Dispensary Boom Faces Looming Crackdown. The Motor City is now home to more than 200 dispensaries, but an ordinance that goes into effect March 1 is likely to put some of them out of business. The new ordinance insists that dispensaries must be at least a thousand feet from schools, parks, churches, libraries, and other dispensaries, and an unknown number are not going to be in compliance. Don't expect immediate raids, though; dispensary owners will have a chance to apply for licenses, and police said they would give dispensaries some time to comply before moving against them.

Asset Forfeiture

Illinois County Sued for Asset Forfeiture "Racketeering." Three people have filed a federal lawsuit against the Kane County Sheriff's Office alleging it is running a racketeering enterprise by stopping drivers, falsely arresting and searching them, and seizing their cash and cars for the benefit of the county. The suit also names three deputies, including one -- Sgt. Hain -- who is also employed by a private company, Desert Snow, that trains police to prolong traffic stops, conduct searches without warrants or consent, and aggressively seize assets. The plaintiffs allege they were stopped, searched, and had several thousand dollars in cash seized, and that they were booked into the county jail overnight, but never charged with a crime. They were released the next day. Police found no drugs or other suspicious items. The plaintiffs are seeking compensatory and punitive damages

Law Enforcement

Justice Department Inspector General Rips DEA Over Evidence Handling Procedures. The DEA isn't properly documenting, tracking, and relocating the drugs it seizes, compromising the security of the drugs and undermining their usefulness as evidence in court, the inspector general said in findings released Thursday. In nearly one out of every 10 cases, DEA could not even find the tracking documents that are supposed to account for the drugs. "Gaps in the formal documentation of the chain of custody for drug exhibits can compromise the security of the drugs and jeopardize the government's ability to use the evidence in court proceedings," the IG said. The IG also found that more than half of all seizures, DEA forms did not list the amount of drugs seized, making it impossible to know if they had been tampered with. The inspector general made nine recommendations in total to improve the oversight of DEA drug seizures, all of which the agency agreed to address.

New Jersey Bill Would Criminalize Drug Use By Pregnant Women. A trio of Democratic Assembly members have introduced Assembly Bill 774, which would make using drug while pregnant a felony crime. Advocates for pregnant women called the bill "blatantly discriminatory" and said it will deter pregnant women from seeking prenatal care and drug treatment. They also said it was aimed at poor women.

International

Report Criticizes Use of Private Contractors in Colombia Aerial Coca Fumigation. A new report from the United Kingdom's Swansea University analyzes the role of private contractors and finds their primary benefit to the governments involved -- Colombia and the US -- are "secrecy and lack of accountability." "The ineffective policy is of dubious legality, causes damage to people and the environment, and would, if carried out by US military forces, imply the direct involvement of the US in Colombia's civil war, thereby triggering the application of international law as it applies to armed conflict," the report found. Still, aerial fumigation achieved "strategic objectives" of the two governments by displacing rural populations from areas of insurgent influence.

Chronicle AM: WA Drug Task to Disband, Cites Legalization; Harm Reduction Bills Advance in FL, NM, More... (2/18/16)

Even South Carolinians want drug policy reform, a Washington state drug task force calls it quits after marijuana legalization, harm reduction measures advance in Florida and New Mexico, and more.

With marijuana legal, drug task forces are having to reassess. (Darrin Frisby Harris/DPA)
Marijuana Policy

Oregon House Passes Marijuana Fine-Tuning Bill. The House voted overwhelmingly Tuesday to approve House Bill 4014, one of three bills this session aimed at fine tuning the state's marijuana legalization program. The bill removes residency restrictions for owning cannabusinesses, reduces some penalties for marijuana offenses, and adjusts licensing requirements to fit the needs of small farms, among other provisions.

Medical Marijuana

Arkansas Attorney General Approves Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Iowa Legislature Punts on Asset Forfeiture Reform. A subcommittee of the Senate Judiciary Committee Wednesday took up Senate File 2166, which would have ended civil asset forfeiture in the state, but after a contentious hearing, the subcommittee voted to simply study the issue and develop recommendations for addressing it next year.

Drug Policy

Poll Finds South Carolinians Surprisingly Open to Drug Reforms. According to a a new poll released by the Drug Policy Alliance, a large majority of South Carolina's notably conservative primary voters supports ending mass incarceration, even across party lines. A substantial majority, furthermore, supports decriminalizing drug possession. Some 70% said they considered reducing incarceration rates an important issue and 59% said they favored decriminalizing drug possession.

Drug Testing

Maine Moves to Make It Easier for Employers to Do Drug Testing. The Department of Labor is calling on lawmakers to streamline the approval process for employee drug testing policies and to implement a program to train managers to spot drug-related impairment in the workplace. The proposal comes as an amendment to LD 1384, which is the subject of a Labor, Commerce, Research and Economic Development Committee work session today.

Harm Reduction

Florida Needle Exchange Bill Advances. The House Health and Human Services Committee Wednesday unanimously approved House Bill 81, which would create a pilot program to establish needle exchange programs in Miami-Dade County. The bill now heads for a House floor vote. Companion legislation in the Senate, Senate Bill 242, also awaits a floor vote.

New Mexico Legislature Approves Overdose Prevention Bills. A pair of bills that would allow individuals and organizations to possess and distribute the opioid reversal drug naloxone (Narcan®) have passed out of the legislature and are headed for the governor's desk. The measures are House Bill 277 and Senate Bill 262.

Law Enforcement

Washington State Drug Task Force to Disband, Cites Marijuana Legalization, Funding Cuts. The East Side Narcotics Task Force is going out of business in June after a quarter-century of fighting drug offenses. "The member agencies did an evaluation of the task force and its mission, and what we decided was that the task force had run its course and that due to a variety of challenges, it was time to sunset the task force and look at other options," Bellevue Police Chief Steve Mylett explained. One of those challenges was marijuana legalization: "When the state law changed, it made us pause and take a look at our mission," Mylett said. "When I arrived in Bellevue (in April 2015), the police chiefs were already discussing how marijuana laws were changing the whole drug trade landscape." He also complained that federal grants to fund such task forces were declining.

International

Saudis Execute Two Yemenis for Smuggling Hash. Yemeni citizens Ahmed Mubarek and Abdul Salam al-Jamali were executed in the Saudi border city of Jazan Wednesday after being convicted of smuggling hashish into the kingdom. Saudi Arabia has already executed 62 people this year, putting it on a pace to exceed last year's 153 executions, the highest number in two decades. It's not clear how many people have been executed for drug offenses.

This Week's Corrupt Cops Stories

A massive bust of corrupt prison guards in Georgia, drug prosecutions halted over sleazy police tactics in Waco, a San Antonio cop gets his hand slapped for stealing from citizens, and more. Let's get to it:

In Waco, Texas, drug prosecutions were put on hold last Thursday after a narcotics detective was accused of putting false information in a police report. Waco Police Detective David Starr allegedly made false claims in a report and an affidavit from Starr regarding a February 2015 drug case. The report claimed the bust resulted from "interdiction" operations conducted by the Waco Police, but Starr later admitted the bust arose from a confidential informant and that he was ordered to misleadingly word the reports. Now, the Texas Rangers are investigating and hundreds of drug cases are at risk. "Unfortunately, as a further result of this unacceptable conduct, I will be forced to dismiss certain cases while an investigation into this matter is conducted," the McLennan County prosecutor said.

In Atlanta, 46 current and former prison guards and staff were arrested by the FBI last Thursday as the result of a two-year undercover operation targeting "staggering corruption within Georgia Department of Corrections institutions," as federal prosecutors put it. Among those arrested were five members of an elite squad charged with targeting drug dealing in the prisons. The guards and staff are accused of smuggling liquor, drugs, cell phones and other contraband into the prisons, as well as facilitating drug deals involving multiple kilos of cocaine and meth on both sides of the prison walls.

In Boston, a Bridgewater state prison guard was arrested Tuesday after state police set up an undercover heroin deal. Stephen Lebreux, 40, sold heroin to undercover officers on multiple occasions while off-duty and not at the prison. He is charged with heroin trafficking.

In San Antonio, a San Antonio police officer was sentenced last Thursday to three years' probation for stealing marijuana, a rifle, and thousands in cash from a local couple. Officer Konrad Chatys had responded to a domestic dispute between the couple when he took the items. As he did so, he told them he was "letting them get away with too much already." Chatys must also pay restitution to the couple.

This Week's Corrupt Cops Stories

It's jail and prison guards gone wild this week! Most did their misdeeds for profit, but at least one did hers for love. Let's get to it:

In New York City, a Rikers Island jail guard was arrested Sunday on charges she smuggled marijuana in to an inmate and had sex with him. Guard Nicole Bartley, 30, went down when a drug-sniffing dog stationed at the prison alerted on her. She said the inmate "played me for a fool."

In Fort Bend, Texas, a Fort Bend County sheriff's jail guard was arrested Monday for smuggling illegal drugs into the jail. Naveed Muhammed Islam, 19, went down after an internal investigation into allegations of a crooked guard at the jail. He is charged with bringing prohibited substances into a correctional facility, a third-degree felony.

In Charlotte, North Carolina, two former sheriff's officers and two prison guards pleaded guilty Tuesday to a drug dealing conspiracy in which 14 others have already pleaded guilty. The crew went down after undercover officers posed as members of a drug-dealing operation looking for crooked cops to aid their cause. Former Northampton County sheriff's captain Jason Boone and former lieutenant Jimmy Pair, Jr., both pleaded guilty to drug conspiracy and bribery charges. The two prison guards were not named.

In Cedar Rapids, Iowa, a former Anamosa State Prison guard was sentenced last Wednesday to four years in federal prison for smuggling drugs, cell phones, and other contraband in to prisoners. Garrett Barton, 29, admitted not only to smuggling contraband, but also to being high while armed as a tower guard. He copped to one count of a Hobbs Act extortion under color of official right (accepting bribes).

In Memphis, four Shelby County deputy jailers were sentenced last Friday after being caught up in a sting involving smuggling what they thought was Oxycontin into the jail. Anthony Thomas got one month in prison, and Marcus Green, Brian Grammer, and Torriano Vaughan were sentenced to a year and a day. The four went down after an inmate alerted officials of the guards' willingness to subvert the law, and officials then set up the sting.

Chronicle AM: WVA Welfare Drug Test Bill Advances, ME Voters Want Drug Decrim, More... (2/9/16)

Medical marijuana bills get filed not only in Iowa, but also Australia and Greece, a new poll shows enlightened drug policy attitudes among Maine voters, Republican US senators hold competing events for and against sentencing reform legislation, and more.

Medical marijuana is seeing action at statehouses in the US and in foreign capitals. (wikimedia.org)
Medical Marijuana

Florida Medical Marijuana Bill Reemerges. A bill that would allow terminally ill patients to use medical marijuana has come out of hibernation in the House. After months on the sidelines, the bill, House Bill 307, was approved by the House Appropriations Subcommittee Tuesday on a 9-2 vote. It now needs one more committee vote before heading for the House floor.

Iowa Medical Marijuana Bill Filed. State Rep. Peter Cownie (R-West Des Moines) Tuesday filed a bill that would make it legal to grow medical marijuana, produce CBD cannabis oil, and create dispensaries. The bill is not yet on the legislative website. Republican lawmakers last year killed similar legislation.

Drug Policy

Maine Voters Support Drug Decriminalization, Not Punitive Drug Policies, Poll Finds. Nearly two-thirds (64%) of voters support decriminalizing drug possession, according to a new poll conducted by Public Policy Polling. More than seven out of 10 (71%) said substantially reducing incarceration rates was important to them. The poll comes as the state's Tea Party governor, Paul Le Page (R), is pushing legislation that would roll back reforms passed last year that make simple drug possession a misdemeanor instead of a felony.

West Virginia Senate Passes Welfare Drug Testing Bill. The Senate overwhelmingly (32-2) approved Senate Bill 6, which would create a three-year pilot program to drug test applicants for the Temporary Assistance for Needy Families (TANF) program if state employees have "reasonable suspicion" they are using drugs. "Reasonable suspicion" can be triggered by applicants demonstrating "qualities indicative of substance abuse" or having been arrested on a drug charge in the past five years. The bill now goes to the House of Delegates.

Law Enforcement

Massachusetts Bill Would Let Users Turn in Drugs Without Fear of Punishment. Rep. Ann-Margaret Ferrante (D-Gloucester) has filed a bill that would allow addicts seeking treatment to turn in unwanted drugs without the threat of prosecution. A person "who, in good faith, enters a police station and seeks assistance or treatment for a drug-related addiction, or is the subject of a good faith request for such assistance or treatment, shall not be charged or prosecuted for possession of a controlled substance" if the evidence for such a charge was gained as a result of seeking treatment. The bill is before the Joint Judiciary Committee.

Sentencing

Republican Senators and Law Enforcement Leaders Rally for Federal Sentencing Reform Bill. Sens. Charles Grassley (R-IA) and Mike Lee (R-UT) joined law enforcement leaders today for a Capitol Hill briefing in support of the Sentencing Reform and Corrections Act of 2015 (S. 2123). The briefing, supported by Law Enforcement Leaders to Reduce Crime and Incarceration, comes the same day two other Republican senators, Tom Cotton of Arkansas and Jeff Sessions of Alabama, hosted an event to oppose the bill.

International

Australian Government Files Medical Marijuana Legislation. The federal government today filed legislation to allow the cultivation of marijuana for medical or scientific purposes. The bill would create a national scheme to regulate cultivation for such purposes.

Greek Lawmakers File Medical Marijuana Bill. Twenty members of the governing Syriza Party Monday filed legislation to legalize marijuana for medical and pharmaceutical purposes. "The proven beneficial effect in cases of especially dangerous diseases, such as glaucoma, cancer, epilepsy, anorexia nervosa, malignancies make the legalization of cannabis as medicine -- already used in many developed countries -- imperative. The criminalization of cannabis use has resulted in leading many patients and their families to acquire cannabis through illegal channels, something that entails substantial loss of revenue for the State, organized crime activities and pushing patients to resort illegal activities," the lawmakers argued.

Chronicle AM: RI Legalization Bills, More Philly Dope Cases Thrown Out, More... (2/8/16)

New England is turning into a real marijuana legalization hotspot as Rhode Island is set to become the latest state in the region to try to free the weed, the South Dakota legislature will take up medical marijuana after an initiative failed to make the ballot, Philadelphia's "tainted justice" policing scandals undoes more drug convictions, and more.

Rhode Island State House
Marijuana Policy

Rhode Island Legalization Bills to Be Filed This Week. Rep. Scott Slater (D-Providence) says he will file a marijuana legalization bill in the General Assembly this week, and Sen. Joshua Miller (D-Cranston) will file companion legislation in the Senate.

Medical Marijuana

South Dakota Medical Marijuana Initiative Fails to Make Ballot. A proposed initiative from New Approach South Dakota has come up short on signatures and will not qualify for the November ballot. The group needed nearly 14,000 valid voter signatures to qualify, but, based on a sampling of 5% of the 16,000 signatures handed it, state officials said only slightly more than half were valid, leaving the group with only 9,000 valid signatures. New Approach South Dakota has 30 days to challenge the findings.

South Dakota Medical Marijuana Bill Filed. State Sen. Angie Buhl O'Donnell has filed Senate Bill 167, which would legalize the use of marijuana for medical reasons. The bill was filed last Friday, one day after the deadline for filing new bills, but lawmakers agreed to waive the rules after state officials rejected a medical marijuana initiative for lack of valid signatures.

Drug Testing

Tennessee Welfare Drug Test Program Finds Very, Very Few Positives. In line with the experience of other states that have embarked on public benefits drug testing schemes, Tennessee's program has had just 65 people test positive out of 39,121 tested. Another 116 people refused to participate in drug screening, disqualifying them from benefits. The state has spent $23,592 on drug testing so far.

Law Enforcement

More Philadelphia Drug Cases Overturned, Thanks to Crooked Cops. A judge last Friday quickly overturned 51 old drug convictions brought by a tainted Philadelphia Police drug unit. The six officers in the dope squad managed to win acquittals on federal corruption charges, but prosecutors and judges still consider their cases tarnished. With Friday's dismissals, the number of convictions overturned or cases dismissed has climbed to 699. Several hundred more convictions could be overturned in the coming months.

January Drug War Deaths: Two in Night-Time Raids, One Unarmed and Fleeing From Police

At least three people were killed by American police enforcing the war on drugs last month, including one young man who died in a late-night drug raid that netted a little more than a quarter pound of marijuana.

Two of the dead were killed in night-time drug raids. Both were allegedly armed, although in neither case is it asserted that they fired on police. In both cases, police have not mentioned -- nor have local media asked -- whether these were kick-the-door-down, SWAT-style no-knock raids.

In a country where firearm ownership is both cherished and widespread, surprise police assaults that could be mistaken for home invasions can well result in homeowners grabbing their weapons to protect themselves and their domiciles. And then getting shot dead for doing so. Was that the case in these two deaths? We will likely never know. (The homeowners sometimes shoot and kill the invading police, too, but, unlike the police, they tend to get charged with murder.)

The third case raises a different kind of issue. Here, the victim was fleeing from police and made the all-too-familiar move "toward his waist band." He also had something in his hand, but it wasn't a weapon. And now he's dead, too. An unarmed man, running away from the police, is killed they were so quick to fear for their own lives.

Here are January's drug war deaths:

  • On January 4, deputies in Louisiana's Beauregard Parish doing a night-time drug raid shot and killed Eric John Senegal, 27. They also shot and killed a dog at the house. The house was under investigation for drug activity and the deputies were serving a narcotics search warrant, according to State Police Troop D spokesman Sgt. James Anderson. Sheriff Ricky Moses later explained that the deputies "encountered an armed suspect who has been identified as Eric J. Senegal and an attacking dog which resulted in the deaths of both Mr. Senegal and the dog." The sheriff didn't say what kind of weapon Senegal had or whether the raid was a no-knock raid. The search warrant for the raid said deputies were looking for marijuana, cocaine, and illegal pills. There hasn't been any word on whether they found anything. State police have opened an investigation a A local television station's Facebook posting of a story about his death generated numerous and heated responses as the national debate over police use of force hit home for commenters.
  • On January 5, police in Ceres, California, shot and killed Albert Thompson, 28, after he fled from them at a small apartment complex. The officers were on patrol "because of prior illegal drug activity there," according a Ceres Police news release. When the police arrived, Thompson took off running, and the officers gave chase. Police said Thompson reached for something at his waist, and the officers fired, striking and killing him. Initial police reports said an "item" was found near Thompson's body. It was later revealed that the item was a hand torch. Thompson was a parolee-at-large wanted by the state Department of Corrections and Rehabilitation.
  • On January 16, West Virginia state troopers helping Elkins police execute a midnight drug search warrant shot and killed William Keith Waldron, 26, when he met them armed with a shotgun. Waldron "did wield a firearm and as a result officers did defend themselves by firing at the subject," prosecutors explained in the criminal case against one of the two other men in the home at the time of the raid. Police have not said whether the raid, which included at least seven officers, was a no-knock raid. They found a little over a quarter-pound of weed, some plastic baggies, and a scale.

This Week's Corrupt Cops Stories

It's pretty quiet on the corrupt cops front this week. Maybe that's a good thing.

In Boston, a former Boston police detective was sentenced last Friday to a year's probation and a $5,000 fine for conspiring with another officer to obstruct an FBI inquiry into the Academy Homes street gang. Brian Smigielski, 43, sabotaged the FBI investigation out of spite after being ordered to turn control of the Boston Police's investigation into the gang over to the feds. He pleaded guilty in September to one count of conspiracy to defraud the United States.

In Sullivan City, Texas, a former Sullivan City police officer was indicted last Friday on charges he stole marijuana leaves from the departmental evidence room. Angel De La Mora allegedly claimed he needed the leaves for medical reasons for his relatives. It's not clear what the exact charge against him is.

This Week's Corrupt Cops Stories

A Minnesota deputy steals dope and Christmas toys, an Indiana deputy coroner peddles pills, and a Texas narcotics officer gets nailed trying to rip off drug cartels. Let's get to it:

In St. Cloud, Minnesota, a Meeker County sheriff's deputy was arrested Thursday for allegedly stealing drugs and from Drug Take Back boxes and toys from Christmas toy boxes. Deputy Travis Sebring went down after he was spotted digging through the Drug Take Back box in the main lobby of the Law Enforcement Center in Litchfield. Sebring has admitted taking medications for personal use, and he said he took the stolen toys and gave them to his family. He's facing nine charges, which weren't specified in local news accounts.

In LaPorte, Indiana, a LaPorte County deputy coroner pleaded guilty last Friday to peddling prescription opiates. Dawn Maxson, 47, copped to dealing in Schedule I and Schedule III controlled substances, and is looking at up to 12 years in prison when sentenced. She was busted in October selling 70 hydrocodone pills for $500 in a K-Mart parking lot and had originally faced seven counts of selling pills. She got the drugs through a legitimate prescription, but only used some of them and sold the rest.

In McAllen, Texas, a former Starr County narcotics officer was sentenced last Friday to seven years in prison for his role in a conspiracy that involved ripping off drugs from drug cartels. Noel Pena, 30, was a Rio Grande City police officer assigned to the Starr County High Intensity Drug Trafficking Area (HIDTA) task force when he agreed to provide a faked police report to an undercover agent posing as a drug trafficker who was looking for help in stealing a drug shipment. The fake report would make it appear that cocaine had been seized by the HIDTA, when it was actually to be ripped off. Pena was originally charged with two counts of conspiracy to possess with intent to distribute more than five kilograms of cocaine, but pleaded guilty to a single count in return for a lighter sentence.

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