CLEARFIELD – A jury deliberated for approximately 25 minutes Thursday afternoon before finding a 52-year-old DuBois man guilty of selling Percocet and Ritalin pills to a confidential informant from his Tozier Avenue apartment in September of 2013.
James E. Carter, 52, of DuBois was found guilty of two counts each of manufacture, delivery or possession with intent to manufacture or deliver and intentional possession of a controlled substance. He was also found guilty of criminal use of a communications facility.
Carter was one of six suspected drug dealers arrested as part of “Operation Wrong Choice” in October of 2013. Clearfield County District Attorney William A. Show Jr. presented the case for the commonwealth. Carter was represented by defense attorney Curtis Irwin. Judge Paul E. Cherry presided over the trial.
A narcotics agent with the Pennsylvania Attorney General’s office testified first. On Sept. 4, 2013, a CI provided information to him/her and county drug task force members. The CI stated they would be able to buy drugs from Carter that day. The agent decided to have the CI arrange to buy drugs from Carter via text message and phone calls.
The agent then proceeded to conduct a strip search of the CI to make sure they didn’t have any drugs or money on them. The agent said he/she didn’t find anything on the CI before they departed from the DuBois City police station. The agent said they also photocopied the money to be used by the CI to buy drugs from Carter.
According to the agent, he/she and the CI traveled to Carter’s Tozier Avenue apartment in an undercover vehicle. He/she had also requested surveillance coverage from another AG narcotics agent and Officer Randall Young of the DuBois City police.
Upon their arrival, the agent said the CI knocked on the door to Carter’s apartment. When they received no answer, the CI called Carter, who hollered from upstairs for them to come inside. The agent said he/she was instructed by Carter to stay in the living area while he and the CI went upstairs.
The agent said the CI returned a short while later, and they exited to go back to the undercover vehicle. Once at the vehicle, the agent said the CI turned over the Percocet and Ritalin pills that they had purchased from Carter. The agent said he/she didn’t see or hear anyone outside of the three of them inside Carter’s apartment.
According to the agent, the CI turned over five pills from Carter. He/she said there were two pills each of Percocet and Ritalin as part of the drug buy between Carter and the CI. The agent said Carter had given the CI an extra pill for paying off a $30 drug debt.
During their debriefing at the DuBois City police station, the agent said it was determined Carter had shorted the CI by two Ritalin pills. He/she said the CI was given $104 total; of that there was $30 for the CI to pay off a drug debt with Carter.
The agent said he/she had the CI contact Carter to square up. He/she said that Carter wasn’t happy but agreed for the CI to return for the two Ritalin pills he owed them. The agent said they followed the same drug operation protocol as when they departed the first time.
This time the agent said he/she stayed inside the vehicle and the CI proceeded to Carter’s apartment. He/she said that Carter answered the door and the CI stepped inside for about one minute. The agent said when the CI returned, they had the two Ritalin pills that Carter owed them.
When they arrived back at the DuBois City police station, the agent said he/she searched the CI again. He/she said the CI didn’t have any drugs or money on them. The agent said the Percocet and Ritalin pills were turned over to Young, who secured them in the evidence room at the police station.
The CI testified that they agreed to assist police with busting people who were selling drugs in the local area. The CI said they called and text-messaged Carter to see if he had any drugs for sale. The CI said Carter wanted payment for an existing drug debt before he sold anymore drugs to them.
The CI said they told Carter they had the money and needed more drugs. The CI arranged to buy pills from Carter at his Tozier Avenue apartment. Upon arrival the CI said Carter told the agent to stay downstairs. The CI said they went upstairs with Carter and exchanged the money for Percocet and Ritalin pills.
According to the CI, Carter was given $104 with $30 to pay off a drug debt. The CI got two Ritalin pills for $30 and two Percocet pills for $14. The CI said that Carter gave one free pill for paying off the drug debt. During the debriefing, the CI said they realized Carter had been overpaid by $30, and he owed the CI two Ritalin pills.
The CI said they contacted Carter, who wasn’t happy but permitted them to return for the two Ritalin pills. The CI said they returned to Carter’s apartment, entered alone this time for around a minute to get the two pills and then returned to the agent’s undercover vehicle.
Under cross-examination, the CI admitted they were facing drug conspiracy charges. The CI said they agreed to work with police who would let the judge assigned to their case know about their cooperation in the drug operation.
A second narcotics agent and Young testified about their surveillance of the controlled drug buy on Sept. 4, 2013. They were parked in an undercover vehicle monitoring the area of Carter’s Tozier Avenue apartment.
The first time, both watched the agent and CI enter Carter’s apartment and exit about five to seven minutes later. The second time, both watched the CI enter and return to the agent’s undercover vehicle within a minute. Both admitted they couldn’t see inside the residence from their surveillance location.
Brett Bailor, a forensic scientist at the Pennsylvania State Police Erie Crime Laboratory, testified to his analysis of the pills. He was provided seven pills and examined three – one from each evidence bag, which tested positive for Ritalin and Percocet, both of which are Schedule II drugs.
Carter opted not to testify on his own behalf. Irwin didn’t present any witnesses in Carter’s defense.
In closing, Irwin stressed the commonwealth only presented one witness who had first-hand knowledge of the drug buy between the CI and Carter. “They are pinning this entire case on the CI,” he said. “The CI was only working for them because they had drug charges of their own.
“The CI had a reason to make it happen. The CI benefited from it. You basically would have to take the word of the CI. Can you say without hesitation? It’s hard to find that degree of certainty.”
Shaw countered, arguing police utilize CIs in drug investigations for a reason. “A drug dealer isn’t going to sell to a cop,” he said. “They have to develop these CIs; otherwise, no one would get arrested.”
Shaw told the jury they didn’t have any reason not to believe the CI. He said the CI’s testimony was supported by that given by both AG narcotics agents and Young. Shaw said, “[The agent] found nothing on the CI who goes in, turns around and comes out with pills.
“There’s nothing to suggest anything other than the pills were purchased by the CI from Carter. It’s a pretty straightforward drug case.”
In theory, Shaw said Carter faces a maximum of 15 years of incarceration as a result of his conviction. The minimum sentence, he said, would be determined by the judge. Shaw said that Carter wasn’t on probation/parole at the time of his arrest.
However, Shaw said Carter failed to appear for Criminal Call in May of 2014. He said a bench warrant was issued for Carter, and he was named Fugitive of the Week. Shaw said that Carter was eventually located in Tennessee in November of 2014.
“It took us five months to track him down,” he said. “It was important for us to pursue him, as he was from DuBois.” He commended the teamwork involved with Carter’s case, as well as the AG’s office for the manpower to fight drugs in Clearfield County.
Shaw said there are ongoing drug investigations in the Clearfield and DuBois areas. “No one is safe from prosecution,” he said. “It’s our goal to catch every single one of them [suspected drug dealers].”
