***The following information is an unaltered Criminal Legal Notice and public record detailing various arrest.
In re: APPROXIMATELY 51 GRAMS OF COCAINE; et al.
NOTICE OF SEIZURE OF PERSONAL
PROPERTY VALUED AT $25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN INTEREST IN PROPERTY DESCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n), you are hereby notified that on December 8, 2011, the property described below was seized at 2162 Barbara Lane, DeKalb County, Georgia by Officer K.M. Livermore of the DeKalb County Police Department:
a. Approximately 51 grams of cocaine; and
b. One thousand seven hundred sixty eight dollars ($1,768.00) in U.S. Currency.
Conduct giving rise to said seizure was as follows:
a. was directly or indirectly used or intended for use to facilitate a violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-30, more specifically, the possession, distribution, sale, or delivery of cocaine,
b. was found in close proximity to said cocaine; or
c. represents proceeds derived or realized from said violation(s) of the Georgia Controlled Substances Act.
More specifically, on December 8, 2011 at approximately 1155 hours Officer Livermore # 2957 was dispatched to 2267 Saratoga Drive in reference to a burglary call. The Units on scene advised there were enough officers at the incident location and a unit was needed to circulate the area of Kennard Lane and Barbara Lane in reference to locating a black male wearing a black hoodie sweat-shirt and black pants possibly involved in the burglary at 2267 Saratoga Drive.
While circulating the area of Barbara Lane Officer Livermore observed a black male fitting the description of the possible burglary suspect walking up to the driveway of 2162 Barbara Lane. Officer Livermore made contact with the suspect who was later identified as ++Kerry Johnson++ and asked him where he was coming from. Mr. Johnson stated "me and my cousin been in the driveway for 20 to 30 minutes". Mr. Johnson pointed to a black male who was later identified as Tracy Coney (wearing a blue hooded sweater and tan pants) standing in the middle of the driveway. Officer Livermore then asked Mr. Johnson if she could check him for officer safety reasons. Mr. Johnson stated "No problem” I don't have anything but money on me". Officer Livermore checked Mr. Johnson and found a large bundle of money in Mr. Johnson’s front right pocket and a small bundle of money in Mr. Johnson’s rear pants pockets.
As Sergeant D.L. James # 2208 was approaching Mr. Johnson, Mr. Coney and Officer Livermore, he noticed a black small bag lying in the front yard area of 2162 Barbara Lane a few feet away from the driveway where Mr. Johnson, Mr. Coney and Officer Livermore were standing. Sergeant D. L James asked Mr. Johnson and Mr. Coney who the black bag belongs to and both subjects stated "I don't know".
The black bag contained the following:
1) 3 orange clear bags containing green leafy substance suspected to be Marijuana.
2) 3 baggies with a white chalky substance wrapped in a plastic suspected to be cocaine. (Approx. 51 grams)
3) 12 orange clear bags containing small amounts of a white chalky substance suspected to be cocaine.
4) 1 back jump drive
5) 1 Phone Charger
6) 1 AWS digital scale
7) Loose orange clear small Ziploc bags
Narcotics detective Forsberg # 1026 arrived at the incident location and took custody of all property and currency involved in this incident.
Both Mr. Johnson and Mr. Coney were charged for VGCSA Marijuana possession with the intent to distribute, and VGCSA Trafficking Cocaine and lodged at DeKalb County Jail. Warrant number 11-W-02276 and 11-W-022777 was obtained for Mr. Johnson and warrant number 11-W-022778 and 11-W022779 was obtained for Tracy Coney.
The U.S. currency that was seized from the search warrant location was transported to BB&T Bank where it was counted by an employee and determined to be $1768.00. The currency was then deposited in an account at the bank.
Coney and Johnson were charged with Violation of the Georgia Controlled Substances Act. The cocaine is subject to forfeiture pursuant to O.C.G.A. § 16-13-49(d)(1). The currency is subject to forfeiture pursuant to O.C.G.A. § 16-13-49(d)(2).
Pursuant to O.C.G.A. § 16-13-49(n)(3), any claim to the seized property must be sent within thirty days to the seizing law enforcement agency AND to Deputy Chief Assistant District Attorney, Kenneth Hutcherson, by certified mail, return receipt requested.
Robert D. James
(Ga. Bar No. 389148)
Stone Mountain Judicial Circuit
By: Kenneth Hutcherson
(GA. Bar No. 380263)
Deputy Chief Assistant District Attorney
556 N. McDonough Street
Decatur, Georgia 30030