Two people witnessed this murder, including Cynthia Brown. 21 at 37-38 (describing meeting with Smith's attorney); Trial Tr. vol. and help keep the future of New Times, Use of this website constitutes acceptance of our. In four of those five, "and" separates "cocaine" from "phenmetrazine or preludes": the first, that Green "is charged, in Count 1 of the indictment with conspiring to distribute cocaine and phenmetrazine or preludes, controlled substances"; the second, in listing the elements of the offense, that, to find Green guilty, the jury must be convinced beyond a reasonable doubt " [t]hat two or more persons made an agreement to commit the crime of distribution of cocaine, phenmetrazine or preludes as charged in the indictment"; the third and fourth, in the same sentence, that " [t]o distribute cocaine and phenmetrazine or preludes means for one person to intentionally transfer cocaine and phenmetrazine or preludes to another"; and the fifth, and final, that "at the time of the transfer the person making the transfer knew that cocaine and phenmetrazine or preludes were controlled substances". xb```b``Ie`a``Kce@ ^sLd` 00 21 at 24-25 (recounting King's request to lie about the Johnson murder); Trial Tr. Cotton, 122 S. Ct. at 1783. Latravis Gallashaw was the second-in-command, and Julian Mitchell was the third. His analysis further revealed the following drugs: cocaine in the quantities of .14 grams, 69.5 grams, 629.9 grams, and 951.8 grams; crack in the quantity of 232.6 grams; and marijuana in quantities totaling 2273.1 grams. Special Agent David McCranie of the Federal Bureau of Investigation testified that he participated in executing a search warrant at Gallashaw's address on October 24, 1998. Armed with a multitude of firearms, including assault rifles, these three individuals got into a car, drove to a location where Hadley frequented, and shot him multiple times. Id. So, under the law, a "conspiracy" is an agreement or a kind of "partnership in criminal purposes" in which each member becomes the agent or partner of every other member. ), 21 U.S.C. X1p2709 e2L%a`t 6cqk#$C]&23 t 508). 0000001175 00000 n All Rights Reserved. However, with that being said, we will work to arrest as many drug dealers as we can.". 11 refers to Section 841(a) (1) concerning the crime of knowingly possessing cocaine or marijuana and uses the conjunction "or." vol. Baltimore police officers made numerous state arrests and seizures between February 1996 and April 1997 that resulted in the seizure of 795 ziplock bags and clear bags containing approximately 380 grams of cocaine base. It includes eight codefendants, 300 witnesses, 18 defense attorneys, and multiple death penalties. He also noted that the most he ever made was $23,000 in a single 12-hour shift.9 Not surprisingly, when the Federal Bureau of Investigation ("FBI") put the John Doe gang out of business, it seized over $185,000 in cash from Smith's residence.10, The FBI began its operations in September 1997. Other delayed cases are due to the state discovery rules, which allow defense attorneys to spend years taking depositions. Its coming from Cuba, weather forecasters say. ), (Trial Tr. This murder gained Smith a reputation for being tough and precipitated the formation of the ruthless John Doe organization with Smith at its head.16, It was not long before the John Doe organization became a feared presence in the community. /Pages 42 0 R In addition to the wiretaps, the agency drove a number of unmarked vehicles in the area and monitored incoming mail to a post office box. The wiretaps recorded calls on Gallashaw's cell phone (which was registered to Smith) and Smith's landline at his residence. This We turn now to examine the Government's claim that there was no sentencing error with respect to the sentences arising from the Count 1 conspiracy conviction. When shown pictures at trial of the substances that were seized, Bullard identified them as packaged cocaine.30, Also indicting Smith on Counts 10 and 11, the Government presented significant evidence to show that he, at the very least, aided and abetted in these substantive drug violations. 2000)]). ), (Trial Tr. The indictment also accuses Eric Stokes and Julius Stevens, two John Doe lieutenants, with attempting to kill Anthony "Little Bo" Fail on Dec. 11, 1998, shooting more than 30 rounds into a house occupied by four adults and five children. In October 1998, the FBI began hitting the drug holes and seizing drug stashes. Is this the Latravis Gallashaw you know? 45 0 obj <<585C3E5CA14C694C9190668F020D4046>]>> WebCase Date: March 19, 2009: Court: United States State Supreme Court of Florida: Page 473. Eventually, the organization discovered Benneby's side dealings and sought to put an end to it. at 490, 120 S. Ct. 2348. 924(c) (1) & (2). Count 11 of the superseding indictment alleged: On or about October 24, 1998, at Miami, Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants, Corey Smith, a/k/a "Bubba," Jeffrey Bullard, a/k/a "Jeffrey Tookes," a/k/a "Tank," Daniel Dunston, a/k/a "Danny Boy," a/k/a "D.B." (Trial Tr. 0000000016 00000 n Michael Winston Goldman v. Colorado Territorial Correctional Odie Wadford v. David Walters and Larry Fields, Mauri Leigh Franks Jordan v. Timothy Glen Franks. And I know I had read Dale before we got to the conclusion of this case, and I am troubled that I didn't do it on my own to have avoided this circumstance. Miami Police Detective Luis Diazlay, in court documents, said the John Does met daily at 1504 NW 58th St., the home of Smith's mother, Willie Mae Smith. /Type /Font /L 69655 Smith hatched a plan to kill Brown, which came to fruition on the eve of his murder trial. /StemV 0 The drug totals found here were computed from the amounts specified in the trial testimony. For the guilty, prolonging local jail time is a cushy alternative to state prison, where inmates sleep in 100-bed dorm rooms, eat peanut butter and jelly sandwiches instead of steak, and report more instances of rape. THE COURT: What's the Government's position on that? This substantive drug charge was the result of the seizure of cocaine at Allen's residence at 1520 Northwest 61st Street on September 10, 1998. 841(b) (1) (C). Under a sophisticated system of role assignments and weaponry, the John Doe organization sold cocaine, cocaine base (also known as crack),5 and marijuana continuously throughout the day and night from about 1994 until the Defendants' arrests in late 1998 and early 1999. 46 0 obj /Type /FontDescriptor (Trial Tr. Another cooperating co-conspirator testified at trial that she was present in a hotel room where the drug operation bagged one kilogram of cocaine base into ziplock bags. The district court handled the question through one "all or nothing" instruction. The cost of renting a two-bedroom unit in the zip code 33142 is 50% Based on the record, the Fourth Circuit in Cotton found no Rhynes violation, but concluded that the district court erred in the sentencing phase of the case by imposing sentences in excess of twenty years for seven of the eight defendants convicted. royal bank plaza north tower; boxlight stock forecast 2025; countryside il fedex delay WebThe official source for NFL news, video highlights, fantasy football, game-day coverage, schedules, stats, scores and more. Eight were already in jail on other charges, one was in the hospital paralyzed from a gunshot wound, and 12 were picked up at home or on the streets. The Cotton court also cited an Eighth Circuit case involving an indictment phrased in the conjunctive. and Latravis Gallashaw, a/k/a "Trav," did knowingly and intentionally possess with intent to distribute a Schedule II controlled substance, that is, a mixture and substance containing a detectable amount of cocaine, in violation of Title 21, United States Code, Section 841(a) (1) and Title 18, United States Code, Section 2. ), (Trial Tr. On July 23, 1997, Brown was found dead in a hotel room. A "drug hole" referred to a street location where the John Doe dealers would peddle their illicit drugs.2 Although the gang started with no more than six or so members, membership grew to approximately fifty people at its peak.3, The John Does conducted their drug operations methodically, and were well organized with a hierarchy of members. ), Except for Stokes, each Defendant was identified as a participant in at least one wiretapped communication. In that case, neither the defendants nor the government requested a special verdict as to the object of the conspiracy. From top to bottom, Defendant Corey Smith was the leader of the gang, and Defendant Latravis Gallashaw was second-in-command. vol. /Names << /Dests 20 0 R>> 0000000691 00000 n "These two indictments represent a major blow to two of the most significant narcotics gangs operating in Liberty City, and in the case of the John Doe organization, perhaps, by far, the most violent, " Scott said at a news conference. Latravis Gallashaw, No. << 23 at 93-94) and the other on Gallashaw's (Trial Tr. %PDF-1.4 % Thus, the jury did not have the option of convicting each appellant on a different conspiracy (which might well have created a variance with the indictment), but was instructed to find only one particular conspiracy and determine its members. The discrepancies do not impact the analysis because the different amounts fall within the same range, The district court may wish to reexamine the length of sentence to Count 4 as to Allen after the Government makes the election as to a retrial or re-sentencing as to Count 1. stream Latravis Deshaun Dowell - AGGRAV ASSLT - WEAPON - Florida. /Length3 532 Jackson survived, but Smith was not done "handling" the robbery incident. 2d 718 (1997).43 After concluding that the error in the indictment, (failing to allege a specific quantity) did not seriously affect the fairness, integrity, or public reputation of judicial proceedings, the Court reversed the Fourth Circuit's decision that limited the defendants' sentences to 20 years.44 Cotton, 122 S. Ct. at 1787. This appeal challenges both the jury convictions and sentences imposed on the six appellants, Corey Smith, Antonio Allen, Latravis Gallashaw, Eric Stokes, Antonio Godfrey, and Kettrick Major (collectively, the "Defendants" or the "Appellants"). 2d 703 (1998) (relying in part on Orozco-Prada, 732 F.2d at 1083-1084, for the proposition that a court may not sentence a defendant under statutory penalties for a cocaine conspiracy where the jury may have found only a marijuana conspiracy).