Grandma's Drug Conviction Tossed in Police Corruption Scandal

Grandmother's drug conviction tossed in police corruption probe
Tulsa World by Omer Gillham - May 18, 2011

With her wrists held together by handcuffs, Betty Wolfe signed her court papers and then cried, realizing that her wish to be freed was within reach. Wolfe, 60, appeared Tuesday in prison clothing and restraints before Judge Dana Kuehn in Tulsa County District Court. She was seeking to be freed from prison for a crime she never committed, said Thomas Mortensen, her attorney. Wolfe filed a motion for post-conviction relief April 13, records show. She was sentenced May 8, 2008, to 12 years in prison for possession of drugs with intent to distribute, records show. Kuehn vacated Wolfe's conviction Tuesday and restored her probation status from a previous case. That means Wolfe could be freed from prison this week, making her the 33rd person to be freed or have a case modified due to a police corruption investigation. Wolfe's criminal record includes a 2005 Tulsa County conviction for drug possession with intent to distribute, records show. She received a 20-year suspended sentence in that case, and as part of her release from prison, she must abide by the terms of her probation in that case, Mortensen said. Assistant District Attorney Jimmy Dunn said Wolfe's newer case was dismissed with prejudice, which means it will not be refiled. As Wolfe signed the agreement detailing her terms for release, she began crying and turned to her relatives in Kuehn's courtroom. Her daughter and grandchildren clapped their hands and then quickly silenced themselves after realizing they were in court. After the hearing, Wolfe's daughter, Keri Crawford, said: "She's lost three years of her life, and we have served that time with her because she has not been with us. The cops who did this to her should not be given plea bargains for their cases." Wolfe, who has worked as a truck driver, alleged that two of her arresting officers planted drugs in her home or failed to turn in evidence that was linked to another person in her home, according to her court filing. The case involves a search warrant served by Brandon McFadden, a former agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and former Tulsa Police Officer John K. "J.J." Gray. McFadden and Gray have pleaded guilty in a federal probe of police corruption in Tulsa. They are cooperating with federal prosecutors while they await sentencing. As part of a plea agreement with Gray, federal prosecutors have tentatively agreed to recommend probation for him, the World has reported. Mortensen alleged that Gray exhibited criminal behavior in Wolfe's case, which he said could place his plea agreement in question. "Obviously when J.J. worked out his deal with prosecutors and admitted to his behavior, he did not tell them about all of his criminal behavior," Mortensen said. He said he anticipates that Wolfe will seek civil action against Gray and others. Gray was asked to testify at Wolfe's hearing but invoked his Fifth Amendment privilege not to testify due to allegations of criminal behavior against him in Wolfe's filing, said his attorney, Skip Durbin. In her filing for post-conviction relief, Wolfe alleges that Gray and McFadden fabricated the existence of a drug informant while also tampering with evidence. Mortensen alleged that the drugs found at Wolfe's home were found near another person whom Gray allowed to leave without being arrested. Wolfe was not aware that the drugs were in the home, Mortensen said. During testimony Monday, Tulsa Police Detective Debra Glenn said the search of Wolfe's home yielded what appeared to be about 56 grams of methamphetamine - about 2 ounces - of which only 13 grams were turned in as evidence by Gray and McFadden. Glenn is a former burglary detective who was Gray's partner for about three years, she said during testimony Monday. Glenn was hired by the Tulsa Police Department in June 1995, records show. She is now a robbery detective. She described numerous alleged irregularities in the Wolfe case, including a property receipt signed by McFadden for Glenn without her knowledge or permission, she said. When asked if she ever witnessed Gray exhibiting odd behavior on previous searches during their three years of working together, Glenn said: "This is the only unusual search I can recall." Glenn said the red flags were there in Wolfe's case and that she regrets not acting. "I dismissed his behavior because he was my partner and I trusted him," she said. "In hindsight, I should have reported it to my supervisor." These 33 people have been freed from prison, had felony charges dropped, had prison sentences reduced or been granted a new trial as a result of the grand jury probe. Here are details on each case. (Listed in order of release.)

U.S. District Court

• LARITA BARNES: Convicted of a drug felony April 23, 2008, and sentenced Oct. 3, 2008. Freed from federal prison July 2, 2009. Was serving two 10-year sentences. Filed suit Aug. 6 in U.S. District Court against the city of Tulsa, former ATF Officer Brandon McFadden and Tulsa Police Officer Jeff Henderson. The suit alleges Barnes was deprived of her rights and illegally incarcerated. Federal prosecutors allege Henderson and Mc- Fadden coached a drug informant and fabricated a drug buy on May 8, 2007, that sent Barnes and her father, Larry Barnes Sr., to prison.
• LARRY BARNES SR.: Convicted of a drug felony April 23, 2008, and sentenced Oct. 3, 2008. Freed from federal prison July 2, 2009. Was serving two five-year sentences. Barnes and his wife, Linda Sue Barnes, filed a lawsuit April 19 in Tulsa County District Court against the city of Tulsa, former Tulsa Police Chief Ronald Palmer, Jeff Henderson and Brandon McFadden.
• FRED SHIELDS JR.: Convicted of drug trafficking March 24, 2009. Conviction dismissed Feb. 19 before sentencing had occurred. Currently, charged with firstdegree murder and conspiracy in the death of Tulsa businessman Neal Sweeney. In state court, charged April 14, 2008, with drug trafficking, resisting an officer and destroying evidence. Charge dismissed Sept. 7.
• DEMARCO WILLIAMS: Convicted of drug charges April 25, 2008, and sentenced July 30, 2008. Freed from federal prison April 30, 2010. Was serving two life sentences.
• JAMON POINTER: Convicted Oct. 1, 2008, of drug trafficking and sentenced Dec. 29, 2008. Conviction dismissed April 8, 2010. Was serving 10 years in prison. Remains in state prison on a separate case.
• ALPHIE PHILLIP McKINNEY: Pleaded guilty to possession of a firearm and was sentenced Oct. 9, 2008, to 48 months in federal prison. Released in April 2010.
• BOBBY HALEY SR.: Convicted Sept. 30, 2005, of drug and conspiracy charges and sentenced Jan. 4, 2006, to 22 years in prison. Released from federal prison in May 2010. Filed a federal lawsuit June 3 against the city of Tulsa and the Tulsa Police Department.
• HUGO ALBERTO GUTIERREZ: Pleaded guilty to possession of methamphetamine with intent to distribute and was sentenced July 28, 2008, to eight years and one month in federal prison. Released from federal prison July 30, 2010.
• DUSTIN ROBERT EASTOM: Convicted Nov. 16, 2007, and sentenced to seven years in prison in February 2008. Found guilty of possession of methamphetamine with intent to distribute and possession of a firearm. Conviction set aside Sept. 3 and freed from federal prison Sept. 7, 2010.
• JOSE ANGEL GONZALEZ: Pleaded guilty in November 2008 to possessing a sawed-off shotgun but was never sentenced in the case. The charge was dismissed Sept. 30, although Gonzalez still faces a federal drug case. He remains free on bond.
• DEMARIO T. HARRIS: Convicted April 20, 2005, of possession of cocaine with intent to distribute and felon in possession of a firearm; sentenced to life plus 10 years to run concurrently. The conviction was vacated Oct. 27, and he was freed from prison Oct. 28.
• LINDELL POINTER: Pleaded guilty Sept. 7, 2008, to possesion of cocaine with intent to distribute. Sentenced Dec. 29, 2008, to serve 14 years in federal prison. Freed from a federal holding facility Nov. 17.
• MELVIN L. BAILEY JR.: Convicted June 27, 2008, on two counts of possession of cocaine with intent to distribute and one count of maintaining a druginvolved premises, records show. Sentenced to 30 years in prison. On Sept. 22, Bailey pleaded guilty to one count of using a telephone for a drug transaction and was given a new release date of July 31, 2011. His previous release date was in 2034, records show.
• IVAN A. SILVA-ARZETA: Convicted June 1, 2007, of possessing methamphetamine with intent to distribute, possession of firearm by an illegal alien and during a drug crime. Also pleaded guilty to use of false Social Security number, use of false identification and possessing a counterfeit registration card. Sentenced to 11 years in prison. Was in custody from May 31, 2006, until released Dec. 10. Drugs and weapons charges vacated Dec. 1. Resentenced on remaining counts and released on time served.
• CLEO D. HILL: Charged Sept. 8 in federal court with being a felon in possession of a firearm during drug trafficking and possession of marijuana with intent to distribute. Case dismissed Dec. 9. Hill is expected to be a federal witness in the criminal case against a Tulsa police officer.
• ANTONIO J. ARMSTRONG: Convicted April 28, 2005, of possession of crack cocaine with intent to distribute and possession of a firearm by a felon. He was sentenced to federal prison Aug. 19, 2005. Sentenced to concurrent sentences of 12 years for the drug conviction and 10 years for the weapons charge. Drug conviction thrown out May 13, 2011. Seeking to have his weapons sentence reduced. Remains in prison on the weapons conviction.
• PATRICK N. LONDON: Charged Jan. 20, 2009, with trafficking in illegal drugs and spent 435 days in jail before a district judge dismissed London’s case in March 2010 because a Tulsa Police officer connected to the grand jury investigation allegedly lied about the facts of probable cause in London’s arrest. London recently filed a tort-claim notice, which means he is expected to file a lawsuit against the city. London’s claim letter to the city says he is seeking $13 million.
• MELANIE RICHARDSON: Charged Oct. 14, 2009, with possession of a controlled drug with intent to distribute. Case dismissed April 9, 2010.
• SEANTA SINCLAIR: Charged Oct. 14, 2009, with possession of a controlled drug with intent to distribute. Case dismissed April 9, 2010.
• RICHARD MILLER: Charged Sept. 10, 2009, with possession of a controlled drug. Case dismissed April 20, 2010.
• RODNEY TITSWORTH: Charged Jan. 14, 2009, with possession of a controlled drug with intent to distribute. Charge dropped April 20, 2010.
• TERRY PERRYMAN: Charged Jan. 14, 2009, with possession of a controlled drug with intent to distribute. Charge dropped April 20, 2010.
• PARRA NISHIMOTO: Convicted Aug. 1, 2008, of aggravated trafficking in illegal drugs and sentenced to 15 years in state prison. Conviction dismissed July 27, 2010.
• DEON WHITE: Charged Dec. 10, 2008, with trafficking in illegal drugs and possession of controlled drugs. Charges dismissed July 29, 2010.
• KEWON NEWTON: Charged July 16, 2008, with drug trafficking. Charge dismissed Sept. 1, 2010.
• BRANDON G. SCOTT: Charged Aug. 12, 2009, with drug possession with intent to distribute. Charge dismissed Sept. 1, 2010. Scott is named in the federal indictment of Officer Jeff Henderson as someone whose civil rights allegedly were violated by Henderson.
• PAULA M. REEVES: Charged June 14, 2004, with trafficking in illegal drugs, reduced to unlawful possession of controlled drug with intent to distribute. Convicted March 14, 2005, and received an eight-year suspended sentence. Conviction vacated Sept. 10.
• DONALD K. JORDAN: Charged July 17, 2007, with various counts, including one count of drug trafficking. Convicted June 10, 2008, of drug trafficking and received a 25-year prison sentence. Conviction overturned Nov. 10.
• SHIRON D. DAVIS: Convicted May 5, 2010, of possession of a controlled drug with intent to distribute. Sentenced to eight years in prison. Sentence reduced Nov. 16 to one year in prison and four years of probation. Released from prison. Sentence and conviction vacated Jan. 27.
• RUBEN FLORES-OLMOS: Charged Jan. 25, 2007, with possession of a controlled drug with intent to distribute. Pleaded no contest March 6, 2007, and received a six-year suspended sentence. Conviction vacated Dec. 27. Flores-Olmos is an illegal immigrant who is expected to be deported.
• JERRY M. SHIELDS: Charged Feb. 21, 2008, with drug trafficking and possession of controlled drugs. Case was dismissed Dec. 22.
• EDWARD D. WHITE: Pleaded no contest June 11, 2010, to possession of a controlled drug in two separate cases and sentenced to four years in prison. Conviction vacated Jan. 27, and a new trial was ordered. Case was dismissed May 6, and White was ordered freed.
• BETTY WOLFE: Entered a blind plea and was convicted of felony drug possession with intent to distribute. Received a 12-year prison sentence May 8, 2008. Wolfe on Tuesday was ordered restored to probation status and released from prison.

Omer Gillham 918-581-8301 - omer.gillham@tulsaworld.com