***The following information is an unaltered Criminal Legal Notice and public record detailing various arrest.
In re: APPROXIMATELY 785 GRAMS OF MARIJUANA; 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 10, 2011, the property described below was seized at 37 Treeview Drive#24A, DeKalb County, Georgia by Detective D.A. Fitzgerald of the DeKalb County Police Department:
a. Approximately 785 grams of marijuana; and
b. One thousand one hundred forty nine dollars ($1,149.00) in U.S. Currency; and
c. Silver Bulldog .44 caliber revolver, SER# 81967.
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 marijuana,
b. was found in close proximity to said marijuana; or
c. represents proceeds derived or realized from said violation(s) of the Georgia Controlled Substances Act.
More specifically, on December 1, 2011 Detective D.A. Fitgerald #2708 went to 37 Treeview Drive, Audubon East at Fairington Apartments, Lithonia, Unincorporated DeKalb County, Georgia 30038 in reference to conducting a controlled drug buy operation. Detective Fitzgerald received a complaint that illegal narcotics was being sold in various locations throughout the apartment complex. Detective Fitzgerald was directed by an unwitting person to apartment 24A to purchase marijuana. Detective Fitzgerald was told to ask for “Dread”. Detective Fitzgerald approached the apartment and inquired about “Dread” but the suspect was not at the location.
On December 7, 2011 at approximately 2015 hours Detective Fitzgerald, Detective Nelms #2651, and Detective Findlay #2569 went to the same apartment complex in an effort to conduct a controlled drug buy operation.
The detectives were in an undercover capacity to conduct the controlled drug buy. While circulating the complex the detectives observed three males walking toward building 36. Detective Fitzgerald approached the subjects and inquired about buying some “smoke” (marijuana). One of the subjects was dark complexion, wearing a black hooded sweat shirt. The suspect advised that he could take Detective Fitzgerald
to an apartment to get some smoke. The detective followed the three males to building 24. Detective Fitzgerald exited the undercover vehicle and made contact with the unwitting black male wearing the black hooded sweat shirt. The black male walked detective Fitzgerald to the front door of apartment 24A where he met with a black male he addressed as “Dread”. “Dread” would not allow Detective Fitzgerald to enter the location due to “Dread” not knowing Detective Fitzgerald. Detective Fitzgerald gave the unwitting black male $20 from the official DeKalb County Investigation Fund as he entered the location. The unwitting black male shortly returned and relinquished 4 four baggies of a green leafy substance suspected to be marijuana to Detective Fitzgerald.
The green leafy substance was transported back to the DeKalb Narcotics Office where it field tested positive for marijuana and had a weight of approximately 5.3 grams. The marijuana was placed in the DeKalb County Narcotics Property Room.
On December 10, 2011 at approximately 1820hours, the DeKalb County Narcotics Strike Force Units executed search warrant # 11-SW-020707 at Treeview Drive Apartment 24-A (Audubon East at Fairington Apartments), Unincorporated DeKalb County, Lithonia, GA 30083.Strike Force officers entered the location and made contact with a black male who was later identified as ++Jovane M. Jenkins++. Upon searching the location the following was located: Several baggies of a green leafy substance suspected to be marijuana with a preliminary weight of 785grams (28oz), small various colored baggies used for packaging, Mail/Miscellaneous Documents containing the suspects name and address, a loaded silver magazine containing .45 caliber rounds of ammunition, (2) digital scales, and a box containing (46) rounds of 44 special ammunition, (1) Silver Bulldog Pug 44 Special Revolver with a black handle (Serial #81967) loaded with 44 caliber rounds of ammunition ,(2) ASIS drug magazines, (2) Samsung Metro PCS cellular phones , Several baggies of green leafy substance suspected to be marijuana inside two small gold and green containers ,An undetermined amount of U.S. Currency was located in a box under the bed ,on the kitchen counter and on the person of Mr. Jenkins. A navy blue Protective Armor International bullet proof vest was also located in the bedroom closet. Mr. Jenkins advised he was a resident at the location and he had just recently moved from Florida. Mr. Jenkins also stated that he was a convicted felon, having been convicted of possession of cocaine in the state of Florida. Further investigation of Mr. Jenkins criminal history revealed that he was convicted January 8, 2004 of possession of cocaine by the 7th Circuit Court of Volusia County.
Mr. Jenkins was transported to DeKalb County Jail and charged with Possession of Marijuana with Intent to Distribute and Possession of a Firearm by a Convicted Felon.
The undetermined amount of U.S. Currency (in access of $500.00) was seized by Sergeant M.T. Lewis #1387. All evidence seized from the location was transported to the DeKalb County Narcotics office. The evidence was photographed, weighed and packaged. The green leafy substance field tested positive for marijuana. The evidence was placed in the DeKalb County Narcotics Property Room.
The U.S. currency that was seized from this incident was transported to BB&T Bank where it was counted by an employee and determined to be $617.00/$532.00*. The currency was then deposited in an account at the bank.
Jenkins was charged with Violation of the Georgia Controlled Substances Act. The marijuana 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). The weapons are subject to forfeiture pursuant to O.C.G.A. § 16-13-49(d)(4).
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