Wednesday, November 30, 2011

Twenty-Four Arrested in Permian Basin Hydroponic Marijuana Distribution Operations

United States Attorney Robert Pitman, Federal Bureau of Investigation Special Agent in Charge Mark Morgan, Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit and Texas Department of Public Safety Director Steve McCraw announced that 24 individuals have been arrested in connection with Hydroponic marijuana distribution operations in the Permian Basin. A complete list of those charged and arrested is below.

A federal grand jury seated in Midland returned four indictments earlier this month in connection with these investigations. All were unsealed today.

U.S. v. Cody Lyn Timmons, et al. (MO-11-cr-388)
This 30-count indictment charges alleged ringleader 37-year-old Cody Lyn Timmons of Andrews, Texas, his hydroponic marijuana supplier, 37-year-old David Pace of Ruidoso, New Mexico, and 19 other individuals in a conspiracy to distribute 100 kilograms or more of hydroponic marijuana, cocaine and Hydrocodone pills. In addition to the conspiracy charge, Timmons faces 25 substantive distribution charges—five of which allegedly occurred within 1,000 feet of a school or playground; and, three of which, Timmons allegedly distributed marijuana to persons under the age of 21. Timmons is also charged with money laundering as well as maintaining an Andrews County residence for the cultivation of hydroponic marijuana and a Midland residence for the distribution of hydroponic marijuana. Finally, the indictment contains a notice of criminal forfeiture whereby the government seeks the forfeiture of alleged criminally derived proceeds including several residences, vehicles, and firearms plus a monetary judgment in the amount of $400,000.

During this investigation, authorities have seized approximately 60 pounds of marijuana, approximately 25 firearms and more than $45,000 in cash.

“Today’s arrests demonstrate the FBI’s commitment to the citizens of Midland, Ector and Andrews Counties that we will vigorously investigate allegations of drug trafficking in this area. Through the professionalism, dedication, and cooperative efforts of local, state, and other federal agencies, we worked together to bring this investigation to its successful conclusion,” stated FBI SAC Mark Morgan.

This case is being investigated by agents with the Federal Bureau of Investigation together with the Texas Department of Public Safety, Andrews (TX) Police Department, Roswell (NM) Police Department and Ruidoso (NM) Police Department. It is being prosecuted by Assistant United States Attorney John Klassen.

“The Texas Department of Public Safety is committed to disrupting and dismantling all criminal organizations operating within the state. The lengthy investigation leading up to today’s operation is an outstanding example of investigative cooperation and intelligence sharing between a dozen law enforcement agencies. Alliances such as this are the standard for law enforcement agencies operating within the El Paso Region. This operation has resulted in the citizens of West Texas being more secure today than they were yesterday because there are fewer criminals conducting their criminal activities in our towns and neighborhoods,” stated TXDPS Region 4 Commander Carey Matthews.

U.S. v. Juan David Lopez, et al. (MO-11-cr-392); U.S. v. Robin Ray Rios, et al. (MO-11-cr-393); and U.S. v. Joseph William Logan, et al. (MO-11-cr-394)
These three indictments charge a total of 11 individuals with conspiracy to distribute 100 kilograms or more of hydroponic marijuana. Defendant James White, age 30, of Midland is also charged with one count of maintaining a residence for the purpose of distributing and using marijuana and one count of distribution of marijuana to a person under 21 years of age.

“These investigations highlight the outstanding cooperation among law enforcement agencies in West Texas. The resulting indictments and arrests strike a significant blow to the drug trafficking organizations and will have an immediate impact in this region. DEA and our law enforcement partners will continue to work together, leveraging our respective resources to pursue those who threaten our communities by trafficking dangerous drugs,” stated DEA Special Agent in Charge Joseph M. Arabit.

During this investigation, authorities have seized approximately 100 pounds of marijuana, approximately four firearms and more than $21,000 in cash.

These cases are being investigated by agents with the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Brandi Young.

Upon conviction of: the conspiracy charge, the defendant faces up to 40 years in federal prison; possession with intent to distribute a controlled substance within 1,000 feet of a school or a playground, between one and ten years in federal prison; possession with intent to distribute a controlled substance, up to five years in federal prison; distributing marijuana to a person under 21 years of age, between one and 10 years in federal prison; maintaining a residence for distributing and using marijuana, up to 20 years in federal prison; and, money laundering, up to 20 years in federal prison.

An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.

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