Thursday, June 30, 2011

Fulton County Deputy and Three Detention Officers Indicted for Smuggling Drugs, Cell Phones Into Jail

Four Officers and Four Others Charged with Distribution of Cocaine Outside Jail

ATLANTA—Fulton County Detention Officers BRIAN SHELBY ANTHONY, 30, of Atlanta, Georgia; AKIL SCOTT, 31, of Atlanta, Georgia; and DERICK DESHUN FRAZIER, 31, of Morrow, Georgia; and Fulton County Deputy Sheriff MARVIE TREVINO DINGLE, Jr., 34, of Lithonia, Georgia, have been charged with extortion for their roles in accepting payments to deliver contraband to inmates inside the Fulton County Jail.

ANTHONY; DINGLE; AQEEL MUHSIN RASHEED, 27, of Atlanta, Georgia; KEITHAN HENRI JAMES, 33, of Decatur, Georgia; and ROBERT LEE SWAIN, Jr., 29, of Snellville, Georgia, were indicted on charges of attempted possession with intent to distribute cocaine outside the jail. Another defendant, RAYFIELD LEWIS II, 32, of Union City, Georgia, was arrested pursuant to a criminal complaint on charges of attempted possession with intent to distribute cocaine outside the jail. The defendants are making their initial appearances late today and tomorrow before United States Magistrate Judge Janet F. King.

United States Attorney Sally Quillian Yates said, “As law enforcement officers employed at the Fulton County Jail, these men took an oath to serve and protect the public. Instead, they abandoned their oaths and sold their badges by taking payoffs to smuggling contraband to jail inmates and facilitate illegal drug deals on the outside. We are committed to vigorously prosecuting corrupt law enforcement officers who betray the public and their fellow law enforcement officers.”

Brian D. Lamkin, Special Agent in Charge, FBI Atlanta, said, “The indictments and arrests announced today are the culmination of an intensive federal investigation that involved many hours of hard work by not only our agents but also our law enforcement partners, to include Fulton County Sheriff Ted Jackson. Those that choose to abdicate their oaths of office can do great harm. The greatest harm, however, is that to the public trust, which makes the work of the rest of the criminal justice community even more difficult. The public, however, should be reminded that the vast majority of law enforcement officials live by their oaths and will not tolerate such criminal conduct as is alleged in this matter. The FBI has recently dedicated a new Public Corruption Hotline, 1-877-428-5324, which the public is urged to call with any information concerning such matters.”

Ted Jackson, Fulton County Sheriff, said, “The majority of employees at the Sheriff’s Office are dedicated, hard working and honest people. The small percentage who disgraced the Sheriff’s Office, are conflicted about which side of the bars they belong. It is our position to make that decision for them. There is zero tolerance for the smuggling of contraband, to include mobile telephones. Internal procedures have been established to address this issue as well as improving security for our employees and visitors as well as the inmates at the jail. This investigation will continue until those corrupt employees are rooted out.”

According to United States Attorney Yates, the charges, the indictment, a criminal complaint, and other information presented in court: On March 18, 2011 and April 19, 2011, ANTHONY accepted money to use his position as a detention officer to attempt to possess with intent to deliver marijuana to an inmate inside the jail. The indictment further alleges that on three separate occasions between May 4, 2011 and June 2, 2011, ANTHONY accepted payments to use his position to attempt to possess with intent to distribute cocaine during transactions outside of the jail. ANTHONY is accused, along with RASHEED and JAMES, of attempting to possess with intent to distribute at least five kilograms of cocaine on May 18, 2011. Additionally, ANTHONY and RASHEED are accused along with SWAIN and LEWIS of attempting to possess with intent to distribute at least five kilograms of cocaine on June 2, 2011. According to the indictment, ANTHONY accepted $26,950 to facilitate these illegal drug transactions.

DINGLE is accused of accepting money to use his position as a deputy sheriff on March 21, 2011 to attempt to possess with intent to deliver cocaine to an inmate inside the jail. The indictment further alleges that on April 22, 2011, DINGLE accepted payment to use his position to attempt to possess with intent to distribute at least 500 grams of cocaine during a transaction outside of the jail. According to the indictment, DINGLE allegedly accepted $2,200 to facilitate these illegal drug transactions.

SCOTT is accused of accepting money to use his position as a detention officer on August 11, 2010 and again between September 22, 2010 and September 26, 2010 to attempt to possess with intent to deliver cocaine to an inmate inside the jail. According to the indictment, SCOTT allegedly accepted $650 to facilitate these illegal drug transactions.

FRAZIER is accused of accepting $700 to use his position as a detention officer on February 18, 2011 to deliver telephones and cigarettes to an inmate inside the jail.

Each charge of conspiracy to distribute at least five kilograms of cocaine and attempting to possess with intent to distribute at least five kilograms of cocaine carries a maximum penalty of life imprisonment, a mandatory minimum sentence of 10 years in prison and a fine up to $10,000,00. Each charge of attempting to possess with intent to distribute at least 500 grams of cocaine carries a maximum penalty of 40 years in prison, a mandatory minimum sentence of five years in prison and a fine of up to $5,000,000. Each charge of attempting to possess with intent to distribute less than 500 grams of cocaine carries a maximum penalty of 20 years in prison and a fine of up to $1,000,000. Each charge of attempting to possess with intent to distribute less than 50 kilograms of marijuana carries a maximum penalty of five years and a fine of up to $250,000. Each charge of accepting money to use an official law enforcement position to facilitate an illegal drug transaction or to deliver contraband to an inmate inside the jail carries a maximum sentence of 20 years in prison and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents of the Federal Bureau of Investigation. Substantial assistance in the investigation has been provided by the Cherokee County Sheriff’s Department.

Assistant United States Attorney Brent Alan Gray is prosecuting the case.

For further information, please contact Sally Q. Yates, United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is justice.gov/usao/gan.

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