CLEARFIELD – Yesterday the commonwealth rested its case after jurors heard testimony from a second undercover agent and two DuBois City police officers who took part in the investigation of a Philadelphia man who was allegedly selling marijuana and cocaine from a Quarry Avenue apartment in DuBois in February and March of this year. Clearfield County Judge Paul E. Cherry is presiding over the case and will charge the jury at 9 a.m. today.
Vernon Duncan, 26, of Philadelphia is standing trial for seven counts each of criminal conspiracy/manufacture, delivery or possession with intent to manufacture or deliver, manufacture, delivery or possession with intent to manufacture or deliver a controlled substance, criminal conspiracy/possession of a controlled substance and possession of a controlled substance. He’s also charged with four counts of criminal use of a communication facility, two counts of possession of firearms prohibited and possession of drug paraphernalia.
An undercover agent with the state Office of Attorney General’s Bureau of Narcotics Investigation and Drug Control testified first. The agent said their partner had arranged to purchase marijuana from Duncan on Feb. 5. That day the agent rode along to provide rear surveillance while their partner made the controlled purchase. The agent watched their partner go to the front of the apartment building and waited in the undercover vehicle to provide protection.
On Feb. 14 the agent said their partner arranged another controlled purchase of marijuana from Duncan. The agent drove to the apartment and parked directly in front of the building. The agent watched their partner go inside the main entry door and take a flight of steps to apartment 102. During this controlled purchase, the agent called their partner after they’d been inside for five minutes. The agent explained this was typical procedure and for safety purposes.
On March 4 the agent said their partner arranged for a controlled purchase of marijuana and cocaine from Duncan. The agent took their partner to the apartment and again parked out front. The agent watched their partner go up the steps and called to check in about five minutes later.
The agent said their partner was inside the apartment for approximately 10 minutes for each of the controlled purchases. After each controlled purchase, agents debriefed what occurred inside, and then after the March 4 operation they developed a plan to execute a search warrant due to the amount of drugs inside the apartment.
When the search warrant was executed on March 5, the agent provided rear surveillance to make sure no one entered or exited the apartment building. After police officers secured the apartment, the agent observed two African-American males being brought out, and one of them, the agent said, was the defendant. Afterward the agent entered apartment 102 and participated in the search.
Officer Steve Russo of the DuBois City police testified that he was a part of the search team on March 5. He provided rear surveillance with the two agents until the apartment was secured. Afterward he went to the front, where he saw two African-American males being brought out, including Duncan. Russo entered with the search warrant team and documented the inventory of items found by officers.
In the first bedroom, Russo said police found numerous items, which included two handguns, a marijuana grinder, two digital scales, U.S. Currency, three plastic bags of marijuana, a bag of cocaine and syringes. He said in the second bedroom, police found numerous items, including two digital scales, a marijuana grinder, a marijuana pipe, marijuana, U.S. Currency, two hand guns and two items of indicia, with co-defendant Damon Seldon’s name on them.
In the living room, Russo said police found two smoking devices, a digital scale and a triple beam scale. In the dining room, he said police found a receipt for a firearm. Police, he said, returned to the first bedroom, where they found an SD card, clothing items and a Buick key. After the items were seized, Russo said he turned them over to Officer Randall Young.
Young testified last on behalf of the commonwealth. He and another officer went with agents to the Quarry Avenue apartment to provide outside surveillance on Feb. 5. He parked in front of the apartment in an unmarked vehicle. Young observed the agent come around the side of the building, enter and go up the steps.
After the agent left the apartment, he said they returned to the police station to debrief the controlled purchase, and it was also where the agent turned over the marijuana to him. He put the marijuana into temporary evidence and later sent it for further analysis. On Feb. 14 he wasn’t involved with the controlled purchase but later sent the drugs out for analysis.
On March 4 Young said he provided front surveillance and watched the agents pull in. He watched as one agent entered the apartment building. After the agent left, Young returned to the police station to debrief the controlled purchase, and it was where the agent turned over marijuana and cocaine for him to put into temporary evidence and later send out for analysis.
Also on March 4, he said they began preparing to obtain a search warrant and to execute it the next day. On March 5 he helped develop an entry plan and later led the search warrant team into the apartment. After entering the apartment, he observed a small African-American male, Duncan, in the hallway and ordered him to the ground. However, he said Duncan resisted and had to be taken down for apprehension.
In the second bedroom, Young encountered a larger African-American male, Seldon, and engaged in a struggle with him. He eventually handcuffed Seldon and took both Duncan and Seldon to the police station. Young said there weren’t any other people inside the apartment at the time.
In closing defense attorney Chris Pentz argued the commonwealth came up short. He told jurors the agent dealt with Duncan for 30 minutes total, which he felt wasn’t long enough to positively identify him. Pentz also pointed out that if the defendant was staying in the first bedroom, there would have been some items – bills, letters, etc. – bearing his name.
He said the commonwealth collected miscellaneous clothing items from the first bedroom. He pointed out they never indicated the size of the clothing, noting Duncan was smaller and his co-defendant, Seldon, was much larger. He said the commonwealth also collected a Buick key but never indicated to whom it was titled.
“Wouldn’t you like to know?” asked Pentz.
He emphasized that no one else observed the alleged drug purchases taking place. He also pointed out that police didn’t collect any fingerprints from the scales allegedly used by Duncan to weigh out the marijuana and cocaine to sell to the agent.
“There’s so much more you need to know,” said Pentz.
Clearfield County District Attorney William A. Shaw Jr. countered, saying the commonwealth neither has to prove the size of the clothing collected, nor the name on the title of the Buick. Shaw said it’s easier to play quarterback in the courtroom.
“The issue isn’t what wasn’t done, but it’s what was done, what happened, what evidence was collected,” he said. “This is a straightforward case. This is their job to identify, investigate and to develop a case, and as a result, drugs are off the street and not being sold to other people.”
Shaw argued people who only use drugs don’t own scales, but people who sell drugs do. He reminded jurors that the agent watched Duncan weigh out the drugs every time. He said it was a “drug house” with marijuana, cocaine, scales, smoking devices, etc. in every room, and the agent sensed the weight of drugs after asking Duncan if they could return to purchase two eight balls of cocaine.
“That was the red light to go. And by golly, what did they find? They found a bunch of cocaine and marijuana,” said Shaw, as he held the bags of drugs up before the jury. “These are now off our streets.”