Personal identification connects man to distribution of marijuana

To make sure precious valuables aren’t stolen, most people would place them inside a safe or in a secret, secure area of the home. For one Quinton man, keeping his personal identification with more than five ounces of marijuana has earned him a guilty conviction.

Carroll William Lee Brown, 30, was found guilty on one count of distributing marijuana (more than one-half ounce) during a Dec. 8 contested trial in New Kent Circuit Court. The conviction is a felony due to the amount of the illegal substance.

Last Sept. 21, Deputy Wyatt Johnston responded at 5 a.m. to the Woodhaven Shores area of the county about a domestic dispute. Arriving, he encountered Brown and his wife, Jessica Silva, both whom had been arguing in the early morning hours. Neither was placed in custody and Johnston finished his shift.

When Johnston returned to his shift at approximately 5 p.m. the same evening, he received notification that Silva had taken out a protective order and warrant against her husband. Johnston and another deputy responded, with Brown being arrested and taken into custody. Johnston asked for permission to search the home, which was granted.

As Johnston searched the home, he noted the aroma of marijuana in the house. He continued exploring, viewing small plastic bags with green residue on counters in the kitchen, as well as an empty cigar box that contained the same substance. After walking through the home three times, the deputy noticed that an overhead light in the bedroom was the only one that would not turn on. Shining a flashlight on the fixture, Johnston spotted a plastic bag with money inside.

As the deputy removed the fixture, he realized that the money was not the only item in the bag. Inside were four smaller bags filled with a plant-like substance along with a digital scale. But what caught Johnston’s eye was that the bag also contained Brown’s social security card, driver’s license, and bank card.

Johnston returned to question Silva, who testified that she had no knowledge of the items.

“I am hardly at home,” Silva told the court, speaking of the number of hours that she works at her job. “I personally have never seen him sell drugs out the house.

“Usually when I walk in the bedroom I turn the lamp on,” she continued. “I never took notice of the fixture because I usually head straight to the lamp.”

Defense attorney Melissa Guthridge argued on behalf of her client, indicating that Brown was being framed by his wife.

“Her [Silva] past history indicates she has used marijuana before,” Guthridge said. “Here, you have a couple who argued that morning and she was obviously mad at her husband and this was a way for her to get her revenge.”

Commonwealth’s Attorney Linwood Gregory rebutted, saying that while opposing counsel had a good argument, there was one thing that differentiated this case.

“The defendant had his bank card, scale, and driver’s license in the same bag as the marijuana,” Gregory said. “He also had $745 in the bag, and by his wife’s testimony, he didn’t work at all during their three years of marriage.

“The scale indicates he was weighing the marijuana and the small bags were also inside the larger plastic bag,” the commonwealth’s attorney continued. “It was also in a light fixture where he could only reach. He was also compliant with officers with his arrest earlier, meaning he didn’t want anybody to go in the house.”

Judge Thomas B. Hoover agreed, saying the commonwealth’s evidence proved the case.

“A lot of personal info was in the same bag with the scale, money, and drugs all in the light fixture,” he said. “When the defendant was arrested on the alleged assault, he didn’t ask to go back in the house to get his wallet or even money, something that he could have used to bail himself out. I find him guilty on the charge.”

Brown’s formal sentencing is scheduled for March 16. In other Dec. 8 circuit court proceedings:

–Eric Wayne Gillard, 45, of the 23000 block of Andrew Court, Windsor, entered an Alford plea of guilty as part of a plea agreement to one count of possession of burglary tools and grand larceny. While maintaining his innocence, Gillard said the evidence could convict him of the crime.

In a summary of evidence, last May 26 a New Kent deputy was patrolling an area of the county that had been subject to recent burglaries when he noticed two trucks at Carrier Transport at 1 a.m. When the deputy arrived, he saw tires on the back of the truck. Gillard said he was unloading tires for delivery, but a co-defendant admitted to the deputy they were taking them. Both Gillard and the co-defendant were arrested.

As part of the plea agreement, a deferred sentencing has been issued upon the cooperation of Gillard and his knowledge of other crimes. The commonwealth’s attorney will recommend a sentence on March 16, but guidelines range from 11 months to two years, one month.

–David Randolph Lambert, 56, of the 800 block of Winona Avenue SW, Roanoke, accepted a plea agreement to one count of driving as a habitual offender (second offense). In a summary of evidence, Lambert was pulled over after a state trooper observed a trailer swaying back and forth. A background check revealed Lambert’s criminal background as a habitual offender. Under the agreement, no formal finding will be rendered upon the defendant paying all of his fines and obtaining his driver’s license.

–Michael James Morgan II, 19, of the 800 block of Michigan Street, Wabash, Indiana, accepted a plea deal to one count each of grand larceny, arson, and misdemeanor tampering, and two counts of misdemeanor vandalism. In a summary of evidence, on May 23, Morgan damaged 12 vehicles in the Woodhaven Shores area of the county, including setting one vehicle on fire. One of the vehicles that the defendant damaged was an ADT security vehicle that had video cameras mounted on it. Authorities used the cameras to identify the defendant, who confessed to the crimes. Under the plea agreement, Morgan received a five-year jail sentence with all but six months suspended on the grand larceny charge. Five years on the arson charge and one year on each of the misdemeanor charges were suspended. He must also pay $10,000 in restitution.