The Fayette Citizen-News Page
Wednesday, September 23, 1998
Sheriff's department to benefit from cash, contraband seizure

$92,000 in cash plus mobile home, 2 flatbed trailers to be 'forfeited'

By KAY S. PEDROTTI
Staff Writer

[an error occurred while processing this directive]

Cash and property seized in a drug raid July 23 in a Fayette mobile home park are under litigation for "forfeiture," a process that allows local police departments an additional means of income for "enhancement and equipment," according to Fayette County Sheriff Randall Johnson.

The defendant in the drug case, William Lumley of Greenville Circle in Landmark Mobile Home Park, has been charged with trafficking in methamphetamine and is out on bond, according to information from the office of District Attorney William T. McBroom.

McBroom filed a recent action "in rem" (against property) in Superior Court, seeking forfeiture for $92,000 in cash, two cars, a mobile home, two flatbed trailers, two weapons, assorted jewelry and an extensive list of household items and furniture. The complaint for forfeiture is scheduled to be heard Oct. 23 in Fayette County Superior Court.

The district attorney's complaint names the properties as contraband by definitions found in Georgia codes. The codes, OCGA 16-13-49 and OCGA 16-13-30, provide that properties found in connection with charges of illegal drug trafficking may be forfeited to the state. Persons having an interest in the property, or who fall under the "innocent owner" provisions, may answer the state's forfeiture complaint at the hearing, says Victoria Aronow, a special assistant district attorney in drug enforcement.

The property, described in several paragraphs, is listed as eligible for forfeit as contraband for several reasons. Some are listed as such because of use in manufacture or possession of methamphetamine; some because it represents proceeds derived from illegal drug trafficking; some because it was found in close proximity to drugs, and other pieces "in that said personal property was found in close proximity to other property which is subject to forfeiture pursuant to said statute."

The complaint outlines the July 23 seizure by the Fayette County Sheriff's Department Drug Suppression Task Force. The report says approximately three pounds of methamphetamine were found in various locations throughout the mobile home, along with small amounts packaged in small plastic bags. Two set of scales were found, along with the $92,000 in cash. The report states that the two weapons were discovered in a bedroom, where a tray with methamphetamine and another $400 in cash also were found.

Sheriff Johnson said that the seizure is not the largest made by the department. He added that proceeds from any forfeiture granted by the courts are used only for equipment and enhancement of drug control measures, not for salaries. Though his department makes decisions on what eventually is purchased, Johnson said, the income and items purchased are reported to the county, "but they have no control over it, it's controlled by federal law."

"We've bought lots of cars we needed with contraband proceeds," Johnson said, "and we are free to get equipment for other departments that help with drug control. When we had a Tyrone policeman on the task force, we bought a new truck for Tyrone."

According to Aronow, the forfeiture proceeding stands independent from any criminal charges made. Generally in such cases, she said, once liquidation of the forfeitures has taken place, costs of the court case are taken from the gross, and the district attorney's office gets 10 percent. Then the participating law enforcement agencies divide the balance, she said. Aronow added that "there is nothing in the statutes to give law enforcement officers incentive to seize property unnecessarily."


What do you think of this story?
Click here to send a message to the editor. Click here to post an opinion on our Message Board, "The Citizen Forum"

Back to News Home Page | Back to the top of the page