The
thing about the Ranger is he intimidates you by what he might know,
and just doesn't talk about – that's his strong suit. - veteran
lawman
McGregor
– When police answered a call at 801 N. 3rd, the
bleeding victim they found told them he got shot in the back while
trying to “settle some s__t.”
He
said he had a problem with a man who lived at 107 Johnson St., a man
he said had been selling dope to his brother.
An
offense report revealed how Jose Valdez went to see Shawn Johnson at
his house. In the melee that followed, he alleged, Jason Saldana shot
him in the rear shoulder with a .44 magnum.
Ouch.
Indian
attack, plain and simple.
That's
when retired Texas Ranger Steve Foster, who now serves as Chief of
Police in this city, put a seasoned veteran on the case, one of a
select group of perhaps a dozen narcotics officers in the state who
wrote the book on how to work such a case - for all it's worth.
Jose
L. Coy, a retired Sergeant with the Department of Public Safety's
Narcotics Service, is presently a Special Investigator for the
McGregor Police Department. Neither of the veteran lawmen returned a phone call placed to them.
In
corporate parlance, his status would be that of a consultant. In the
dime novels written about the old west, he would have been called a
“hired gun.” Judges who read his affidavits of probable cause
know better.
Judges
know his probable cause affidavits will stand up to the scrutiny of
the defense bar, the appeals courts, and public opinion. They sign
the paperwork that certifies there is a reasonable suspicion that
evidence may be found on the premises to be searched, or the
surrounding property. They furthermore authorize the arrest of the
people he says may be found there, doing what he alleges, and that
there should be no announcement of a search warrant or a knock at the
door.
There is a lot of sensitivity to the issue because of the debacle created when a rogue freelance cop named Tom Coleman perpetrated a huge fraud on the public at Tulia, Texas. It resulted in the incarceration of dozen of persons who were totally innocent of any violation of the law - all based on false allegations by a peace officer sworn to protect the people, to preserve their peace and dignity.
That won't happen with the methods employed by Mr. Coy.
When
rookie agents take the course on how to develop probable cause for
what is known as a “72-hour search and arrest warant,” no knock
narcotics raid, they often study his long career spent taking down
dope houses where pushers sell everything from grass to crank,
crystal, rock cocaine, powder coke, Nazi meth, Oxycodone, Vicodin,
heroin – or anything that addicts users and creates violent social
problems, or the kind of trifling, insidious, petty crime that makes
life miserable for people who hit the ball and pay their dues.
Mr.
Coy has a reputation and a track record for the kind of meticulous
documentation it takes to turn an investigation of an incident such
as a shooting into a major operation that eventually resulted in the
arrests of almost a dozen people at 4 locations – one of whom
floated between the dope houses where he stashed his product and
purveyed his wares.
Ask
any small town police chief why he and his officers can't do much
about the drug problems that flood the community, and he will recite
a litany of well-worn, common sense difficulties that involve
everything from a scant budget for man hours to a lack of
prosecutorial alacrity for the kind of zealous prosecution of
relatively minor serial drug cases it will take to make any kind of
lasting impression on the problem. That's just for starters. Then
there is the issue of jail overcrowding - and we're off to the races.
Meanwhile,
the armed robberies, burglaries, murders, rapes, beatings, home
invasions, prostitution and pure dee meanness that accompanies any
drug scene persists – day in and day out, month to month and year
to year. People begin to accept the chaos as the way it's always
been, something a community just has to get used to - and get over.
Wrong.
It doesn't have to be that way.
The
case Jose L. Coy developed against the people who lived at 107
Johnson Street, and three other locations scattered all over this
railroad town smack dab on the way to everywhere in north, south,
east and west Texas, is a classic study of a prairie community
circling the wagons, calling for a Ranger who arrives promptly, and
in due course shows a beleaguered Sheriff, his deputies, and the
local posse how to organize the community to fight back with full
effect.
As
hackneyed a B-movie plot as it seems to be, it's how things are still
done in the Lone Star State. The point is that it works as well today
as it did during storied days of yesteryear, when off the reservation
Comanches and Apaches menaced settlers, and cattle rustlers fought
fence-cutting drovers in range wars with sodbusters.
While
the McLennan County Sheriff's Office over a period of years developed
no such drug cases, its drug task force disbanded and the officers
reassigned to other detective duties, not long ago 30-year veteran
narcotics agent Jose L. Coy quietly and effectively put a large
number of people out of the drug business using available resources
and a highly organized methodology that includes surveillance, the
use of confidential informants – even surreptitious trash pickup.
Start
with the basics. There are two kinds of narcotics cases.
The
first is the “hand-to-hand” method, whereby an undercover officer
makes a purchase of some controlled substance, and thereby effects an
arrest - on the spot.
“Any
rookie narc can make that case,” says a veteran agent.
But
the “seventy-two-hour method” of developing probable cause
through intelligence gleaned from “credible and reliable”
confidential informants busted with contraband they just bought at the
dope house thus under surveillance makes for a very sophisticated combined
search and arrest warrant. Agents can observe the resulting cash flow, the
transportation patterns, the names and faces, discover the manufacturers and smugglers
of the drugs – and seize them all once they connect the dots.
It
works a lot better in the kind of small town atmosphere many drug
sellers prefer for the very fact that everyone has a lifetime program
with the players' names and numbers, family trees, historic analyses
- and everyone knows everyone else's business.
In
the narcotics business, an illicit racket with very large profit
margins, large cash flow, and huge risks, it's not what you know, but
who you know – dialed up.
Consider
the laconic prose of Mr. Coy's probable cause affidavit in support of
a search of 107 Johnson Street, the place where the shooting took
place.
“...Based
on my prior training and experience, I have observed that narcotics
traffickers keep and use cellular telephones and the technology
associated with this type of equipment as a primary means of
communication in order to conduct their narcotics trafficking
business. Additionally, narcotics traffickers commonly maintain
telephone numbers and address books or papers which reflect names,
addresses and/or telephone numbers for their associates...
“...Narcotics
traffickers maintain books, records, receipts, notes, ledgers, bank
records, money orders and other papers relating to the importation,
manufacture, transportation, ordering, sale and distribution of
illegal controlled substances...
“...Narcotics
traffickers keep and utilize computers and other electronic devices
for the purpose of maintaining records, receipts, notes, ledgers,
bank records, money orders and other documents or records relating to
the importation, manufacture, transportation, ordering, sale and
distribution of illegal controlled substances...
“...Narcotics
traffickers routinely conceal large quanitites of currency, financial
instruments, precious metals, jewelry and other items of value,
typically proceeds of illegal controlled substance transactions...
“...Narcotics
traffickers often take photographs of themselves, their associates,
their property and illegal contraband...
“...Narcotics
traffickers maintain documents, letters and records relating to their
illegal contraband...
“...Narcotics
traffickers maintain documents, letters and records relating to their
illegal activities for long periods of time. This documentary
evidence is usually secreted in their place of residence, or
residences of family members...
“...Narcotics
traffickers often own, possess and/or use weapons...”
Boiler
plate of these assertions is inserted in each of the affidavits used
to obtain search and arrest warrants that netted seizures and arrests
of Shawn Johnson, Oscar Lopez, and Florencio Mondragon at 107
Johnson Street. All this led to other searches and seizures at still
other locations.
Renita
Driver and David Alan Rivas were arrested, their drugs and other
accoutrements of their trade confiscated at 604 W. 6th St.
Desiree
Garrett and Melissa Nosey were charged for the evidence seized at 805
N. 2nd St.
Billy
Byford, who had previous arrests for carrying a prohibited weapon and
engaging in organized criminal activity, answered a no knock warrant
at his residence located at 1009 S. Taylor St. The search yielded
methamphetamine and packaging materials.
In
each case, Mr. Coy inserted the admonishment, “Affiant is aware
that individuals who are involved in the distribution of controlled
substances fear arrest by law enforcement and these individual are
likely to destroy evidence that would asist law enforcement in the
prosecution of criminal acts by these same individuals. Affiant fears
that announcing would be dangerous, futile and would inhibit the
effective safety and investigation of the crime involved in the
puposes of this sarch if law enforement officers are required to
announce themselves before entering the said suspected premises.
Considering ______'s past criminal history and past arrest record,
Affiant requests that law enforement oficers serving this search
warrant be allowed to enter the said suspected premises without
knocking and announcing.”
Relatively
small amounts of drugs were seized in each case, but the investigators mined the
records and photos, phones and ledgers thus seized as high grade ore.
In
one of his affidavits, Mr. Coy remarked in his typical tongue in
cheek tone that one would think a prudent operator would destroy
ledgers and journals recording long-ago transactions, deeming them to
be of no real worth at the present. Every fact thus gleaned is worthy
of scrutiny, it seems.
In
all cases, the affidavits asserted that officers or a confidential
informant had observed people coming and going at short intervals on
various errands, and had seen illicit substances inside the
residences within the previous 72 hours.
In
the methamphetamine case developed against Billy Byford, an agent
took the trash bags placed at the curb to the DPS office and
discovered a number of sandwich baggies with the corners cut off –
a clear sign to a knowledgeable observer that the people inside were
packaging the dope in the bags thus cut down.
An
eighth-ounce package – or “eight ball” - of crank may be
considered dynamite in a very small package. Besides, it all pays the same.
In
most cases, checking with the Texas Workforce Commission showed that
no employer was paying taxes on the employment of the people targeted
in the probable cause affidavit. We're talking thorough, here.
Visual
surveillance of known users of methamphetamine or other drugs yielded
an arrest for possession. Two of these persons were “turned” as
confidential informants, who were able to assert as “reliable and
credible” witnesses that they had observed contraband material
inside the residence within the past 72 hours. It's a common sense
rule, according to case law on the subject, that 72 hours is a
prudent period in which to pinpoint the presence of dope in a dope
house operating as a distribution point for storage and sales of
dope.
Common
sense seems to rule in 72-hour search and arrest warrant operations.
In fact, there are few rules, only rights and responsibilities.
No
doubt, the floggings will continue until morale improves.
And, then, there is Tulia...
And, then, there is Tulia...
Do you have any estimates on the cost of shutting down the Gatesville Six or maybe Seven? For scum like that, a few years out of the mix is probably little more than a blip on the screen and considered a cost of doing business. They will be back at it again. In the meantime, others are probably swarming like bees to pick up their accounts, especially since the end price of the goods has very certainly gone up. As long as the demand is still there and the money is so, so good, we are simply herding cats and costing we the taxpayers a fortune!
ReplyDeleteUntil we start changing out culture, instead of promoting this type of behavior, nothing will change. I argued with a drug user that about his drug use not hurting anyone. He's relieved himself of any responsibility of the drug war going on along with border that's killed 10,000's. I guess that's a smile price to pay for maintaining the drug culture in movies and hip-hop music.
ReplyDeleteIf you really want to stop the drug culture, boycott the entertainment industry and it's stars for promoting it. Get the LA County Sheriff to stop giving stars free passes in and out of jail.
Its time for law enforcement to get a different agenda other than "the war on drugs" here's an idea how about a war on poverty,how about a war on domestic violence ,how about a war on crimes against children,just think if we had the trillions of dollars spent on the war on drugs over the past 60 or so years , do you realize how many kids that would feed,how many homes that would build ,either eradicate it or legalize it but building more prisons is not the answer,remember about a year or so ago when a man shot a woman to death at the coryell county courthouse and then shot himself to death,well that lady had a restraining order against that man so what I'm getting to is if c.I.d. or Joe coy or Ricky helms would have been following that man instead of worrying about and stalking someone who might be getting high then there would probably be a Cole more people alive today instead of dead,who has the right to tell another human being what to do or what not to do,I thought that job was strictly for our maker,last but not least the two "turned informants" mentioned above are now in fear for there life because now the world knows and what's even better then that is you posted there pic as well ,that just goes to show you just how expendable Mr. Coy thinks they are,shame shame. I'm sure you won't post this comment because its to real ,the truth hurts don't it
ReplyDeleteThe Legendary~
ReplyDeleteYou are THE same guy that interviewed me about my son's suspicious death in McGregor....
www.realcrimes.com/Robinson/Robinson.htm