'One-stop drug shop'
By THOMAS BROWN, T&D Staff WriterWednesday, August 16, 20064 comment(s) | Default | Large
After 1-1/2 days of testimony, an Orangeburg man was found guilty Wednesday of drug trafficking and now faces 25 years in prison.
Fitzgerald Antwan Williams, 24, of 388 Woodbine Drive, Orangeburg, was charged with trafficking cocaine, more than 100 grams but less than 200 grams and possession with intent to distribute crack cocaine. He was represented by Doug Mellard and Andrew Brown of the public defender's office.
First Circuit Court Judge Jimmy Williams sentenced Williams to 25 years on the trafficking charge and 10 years on the possession charge to run concurrently and gave him credit for time served. Williams said the sentence was mandatory.
"I have no discretion in this case," Williams said. "The state Legislature set the sentencing that anyone convicted of trafficking cocaine more than 100 grams must be sentenced to 25 years. Not 24 and not 26, but 25. And I think the evidence of the defendant's guilt in this case was overwhelming."
The charges stemmed from a traffic stop conducted by Officer Christa Bailey of the Orangeburg Department of Public Safety on Dec. 14, 2005. Bailey testified she initiated the stop because the license tag on Fitzgerald Williams' car was held on by what appeared to be a clothes hanger.
"And I called in the tag number and the car had been reported stolen," Bailey said. "I had planned to make the stop for improper mounted tag, but the dispatcher ran it through the National Crime Information Center and found it was reported stolen."
Bailey said when she stopped Fitzgerald Williams and asked him to step out of the car, she noticed a plastic baggy of what appeared to be marijuana in the driver's seat. She said she handcuffed him and placed him under arrest for simple possession of marijuana.
Based on the fact that she found marijuana in the car, Bailey said she and another officer proceeded to search the vehicle.
"We found bags of powder cocaine and crack cocaine," Bailey said. "In my opinion it was too much for personal use."
Further testimony revealed Bailey and the other officer found 102.08 grams of powder cocaine and 5.16 grams of crack cocaine in a shoebox in the trunk of Fitzgerald Williams' car. A digital scale with white powder on it was found in the cab of the car. Judge Williams defined trafficking cocaine for the jury as being in possession of 100 or more grams of powder cocaine. He defined possession with intent to distribute crack cocaine as being in possession of more than a gram of the substance.
First Assistant Solicitor Bryan Jeffries and Assistant Solicitor Kelley Burbage presented the case for the prosecution. Burbage presented the opening statement.
"We are here today because the defendant was driving around with a one-stop drug shop in his trunk," Burbage said. "On Dec. 14, 2005, Officer Christa Bailey, on routine patrol, noticed the tag of his car attached with a screw on one side and a coat hanger on the other. And when she ran the tag number, it indicated that the car was stolen. But more, ladies and gentlemen, we are here because in a search of the vehicle they found powder cocaine, crack cocaine, baggies, scissors and a scale with a powdery substance on it."
Opening for the defense, Doug Mellard told the jury the case was about credibility.
"You will hear a lot about credibility in this case," he said. "A lot of people will take the stand and tell you what they think and believe. But Officer Bailey's car is equipped with a camera. Listen to the tape. The video cannot lie. Remember, the state has the burden of proof. And that one piece of evidence, that videotape, will show that the defendant is an innocent man."
The prosecution entered the videotape from Officer Bailey's car into evidence and played it for the jury. For 1-1/2 hours, the court watched and listened as the top 40 from 104 FM WNOK drowned out any conversation that was going on at the scene.
Bailey was later accused by defense attorney Mellard of cranking up the volume on the radio to intentionally drown out conversation. He argued the search of his client's car was illegal, that after she found the car belonged to him, the search was unnecessary.
Fitzgerald Williams provided the only testimony for the defense. From the witness stand he denied any knowledge of the drugs found in his car.
First Assistant Solicitor Bryan Jeffries grilled Williams on the stand.
"If there were no drugs in the car, why did we hear you screaming illegal search on the videotape?" Jeffries asked.
"Because they were violating my rights," Williams answered.
"So the marijuana found on the driver's seat wasn't yours," Jeffries said.
"No sir," Williams said. "I never had any drugs in my car, period."
"Is your testimony that the police placed the drugs in your car?" Jeffries asked.
"I don't know," Williams said. "But I don't know anything about any drugs."
In closing arguments Mellard reiterated the case is about credibility.
"You've got to ask yourself is Officer Bailey a credible witness," Mellard said. "Are you comfortable that the police ransacked that car? They never fingerprinted anything. That video is the only thing that can't lie. If you look at that video, you'll see that Fitzgerald Williams is an innocent man."
Jeffries told the jury in his closing argument the drug business is a risky one.
"When you're a drug dealer, you assume a number of risks," he said. "You also assume the risk that you will be caught. And he got caught. And he got caught big.
"If his defense is he didn't know about the drugs and you believe that, then give him back his scales and his drugs and let him go," Jeffries said. "The facts remain and they can't be speculated away. He got caught. It's up to you to find him guilty of violating the laws of this state."
The jury did not buy the defense argument. After deliberating for only two hours during which time lunch was served, the panel returned a verdict of guilty on both counts.
"We are extremely pleased about the verdict," Burbage said. "We hope this verdict and conviction send the message that drug dealers will be prosecuted to the limits of the law in Orangeburg County."
T&D Staff Writer Thomas Brown can be reached by e-mail at tbrown@timesanddemocrat.com or by phone at 803-533-5532. Discuss this and other stories online at TheTandD.com


citizen wrote on Aug 17, 2006 5:54 PM:
John Brown wrote on Aug 17, 2006 3:41 PM:
Wow wrote on Aug 17, 2006 2:09 PM:
Looking In wrote on Aug 17, 2006 3:57 AM: