Cocaine, not baking powder, in underwear, defendant admits

A Charles City man, who claimed it was baking soda in a small plastic bag he swallowed as deputies tried to restrain him, now admits the white, powdery substance was actually cocaine.

Andre Dion Tabb, 41, of 19300 Horseshoe Road, owned up to bag’s contents under questioning from Judge Thomas B. Hoover during the defendant’s sentencing on Jan. 8 on concealed weapon and obstruction of justice convictions in Charles City Circuit Court. Tabb was convicted on both counts following an Oct. 12 trial.

The defendant was arrested on Jan. 7, 2007 after a Charles City investigator, working a traffic stop, found Tabb was carrying a knife. Tabb surrendered to Charles City authorities on Jan. 16 in connection with an arrest warrant from another jurisdiction, and that’s when the baking soda incident took place.

Tabb asked to use the bathroom at the sheriff’s office and two deputies accompanied him inside. When the defendant dropped his pants, he grabbed a small plastic bag containing a white powder from his under shorts and crammed it in his mouth. He swallowed the bag before the deputies could retrieve it. He was subsequently charged with obstruction of justice.

During his Oct. 12 trial, Tabb claimed the substance was baking soda that he used to treat significant mouth and tooth disease problems. When Hoover asked why the defendant stored baking soda in his shorts instead of his pockets, no further explanation was forthcoming from either Tabb or his attorney.

At last week’s sentencing, however, Hoover pressed the defendant for an explanation, adding, “We’ll see how honest he is today.”

Tabb readily admitted the substance was cocaine. He also said he is a cocaine addict who tested negative for the drug recently, adding he will enroll in a substance abuse treatment program while in jail.

Hoover sentenced Tabb to five years in prison with all but one year suspended for the next 20 years on the concealed weapon charge. The judge imposed a $500 fine plus 12 months in jail, all suspended for the next five years, on the obstruction of justice count.

In other matters on Jan. 8, two Charles City men entered into plea deals on separate, unrelated cases.

Ronnie Sylvester Mabry Jr., 21, of 7641 Ruthville Road, Providence Forge, pleaded guilty to one count of felony eluding police. As part of the plea deal, charges of reckless driving and driving on a suspended license were dropped.

Mabry was arrested last Aug. 11 after leading police on a 10-mile chase at speeds over 80 miles per hour over county roads. The pursuit covered most of Willcox Neck Road and crossed Route 5 before the defendant stopped. Deputies had to forcibly remove Mabry from the car, prosecutor Rob Tyler told Hoover.

The judge revoked Mabry’s bond and ordered the defendant held in jail until sentencing is held in March. Mabry could receive up to five years in prison.

“He’ll just have to cool his heels in jail for two or three months,” Hoover said. “I can’t let him be out and he’s still driving.”

In the other plea agreement, Real Eugene Bradby Jr., 59, of 11040 Barnetts Road in Charles City, pleaded guilty to an amended charge of misdemeanor driving after being declared a habitual offender. He had been charged with a felony. He also pleaded guilty to misdemeanor driving under the influence, second offense in the past five years.

A State Police trooper arrested Bradby on Dec. 24, 2006 after responding to the scene of a single vehicle accident. Bradby claimed a deer had jumped in front of his vehicle, Tyler told the court. The defendant, however, had a blood alcohol level of .21, more than twice the legal limit.

Bradby told Hoover he had driven to a Christmas party and consumed “quite a few drinks.”

“You have an awful traffic record, and you’re not supposed to be driving at all,” the judge told the defendant.

Hoover imposed 12 months in jail with six months suspended for the next five years and a $1,000 fine on the DUI charge. A 12-month jail sentence with all but two months suspended and a $500 fine was imposed on the habitual offender conviction.

Also on Jan. 8, a Charles City man pleaded guilty to a pair of felonies– possession of marijuana with intent to distribute and possession of the narcotic painkiller oxycodone.

James Edward Black III, 26, of 6950 Courthouse Road, Providence Forge, was arrested following a July 4 traffic stop on Route 155. A search of his vehicle revealed a pill bottle containing oxycodone along with eight bags of marijuana, totaling just under five ounces, stashed in the trunk.

Black remains free on bond until sentencing is held in March. He faces a maximum of 10 years in prison on each charge.