Archive for Friday, June 6, 2008

D.A. dismisses charges against one ACET suspect

7 others bound to court for July appearance

June 6, 2008

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— The cases of eight defendants facing drug possession and trafficking charges took another step Thursday in Moffat County Court.

The defendants were originally charged after a March 25 drug sweep by the All Crimes Enforcement Team in the 600 block of Russell Street.

Seven of the defendants waived their rights to a preliminary hearing because their defense attorneys said they wanted to keep open the option of accepting plea agreements.

It is a policy of the District Attorney’s Office to withdraw a plea offer if a defendant pursues a preliminary hearing.

Neither defense attorneys nor Deputy District Attorney for the 14th Judicial District Ed Veronda could comment on possible plea agreements, however Veronda said plea offers were made.

Veronda filed a motion to dismiss charges against one of the suspects who appeared, Abel Gonzalez-Vivanca.

Veronda said Gonzalez-Vivanca was a neighbor to the property searched by ACET in March, and had the best defense of all the suspects.

“As to the other defendants,” Veronda said, “there is evidence that ties them down to the house and the drugs in the house.”

Jail records show that Gonzalez-Vivanca was released from custody Thursday as a resident alien.

The remaining suspects were bound over to Moffat County District Court, and a formal arraignment hearing date was set for 10 a.m. July 2.

Initially, 11 suspects were taken into custody after the sweep, however two were previously released after the 14th Judicial District Attorney’s Office dropped charges against them.

Seven of the suspects face the same four felony charges — distribution of a Schedule 2 controlled substance, two counts of possession of a Schedule 2 controlled substance with intent to sell or distribute and conspiracy to distribute or manufacture a Schedule 2 controlled substance.

The controlled substances are alleged to be between 25 and 450 grams of methamphetamine, amphetamine or cocaine, according to the charges.

One of the seven, Marco Contreras-Alcala, also faces an additional count of possession of a Schedule 2 controlled substance with intent to sell or distribute and a sentence enhancer of possession of a deadly weapon by a special offender.

All seven are being charged together as co-defendants.

An eighth suspect in the case, Edgar Pena-Villava, did not appear Thursday and will be tried separately, Veronda said.

Pena-Villava faces the same felony charges as the other suspects.

He also faces two sentence enhancers: direct conspiracy to sell or distribute a controlled substance and committing the alleged offenses which “constituted a substantial source of the defendant’s income and in which the defendant manifested a special skill or expertise,” according to the criminal complaint.

He is set for a status conference at 1 p.m. June 10, when a preliminary hearing date will be set or he will be bound over to District Court.

Collin Smith can be reached at 875-1794 or cesmith@craigdailypress.com

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