Posts Tagged ‘Drug Distribution’

New Bill Would Eradicate Mandatory Minimum Sentences For Marijuana Possession In Louisiana

New Orleans Drug Crimes Defense Attorney

 

Elizabeth B. Carpenter Law — New Orleans Marijuana Defense Attorney

 

Serving Orleans, Jefferson, St. Tammany, St. John, Baton Rouge, St. Charles, Plaquemines Parishes.

 

New Bill Would Eradicate Mandatory Minimum Sentences For

Marijuana Possession In Louisiana

 

Both the Louisiana House and Senate will reconvene for the 2013 Legislative Session in April 8, 2013.  As an attorney, I subscribe to email alerts regarding legislative news.  This evening I was thrilled to see a proposed bill that would eradicate mandatory minimum sentences for Marijuana Possession.

 

This bill is House Bill 103, sponsored by state Rep. Austin Badon, D-New Orleans.  The proposed bill will lessen penalties for repeat offenders and not subject offenders to Louisiana’s Habitual Offender Law (RS La 15:529.1).    This new law would also apply to synthetic cannabinoids.

 

I am actually opposed to the legalization of synthetic cannabinoids due to the severe health complications associated with its use.  Of course, complete legalization of Marijuana would obliterate the demand for synthetic cannabinoids.

 

As a final thought, I think that Representative Badon is going to have a battle to fight in Baton Rouge over this new bill.  The state and local governments as well as substance abuse clinics love the money that they can extort out of people who are found guilty of Marijuana Possession.

 

The following is a chart demonstrating the proposed changes to the law:

 

house-bill-103--8c8d7dbeb88fb218

If you or a loved one has been charged with a Marijuana Offense in New Orleans area.  Contact a New Orleans Drug Crime Attorney – Elizabeth B. Carpenter.  We offer discounted fee for Marijuana Offenses!

 

 

Synthetic Drug 25I: A New Schedule I Drug

New Orleans Drug Crime Attorney

 

By Elizabeth B Carpenter — Criminal Defense Attorney New Orleans 

 

Elizabeth B Carpenter Law is a premier law firm for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.   If you are in need of a New Orleans drug crime attorney, contact our office today.

 

 

 

Synthetic Drug 25I: A New Schedule I Drug

State health officials, top lawmakers and law enforcement personnel announce steps they have taken to ban a dangerous new drug, 25i, making it illegal in Louisiana.

This relatively new drug, 25i, also called Smiles or N-Bomb, has been added to the state’s Controlled Dangerous Substance Act, effective immediately.  It is classified as a Controlled Dangerous Substance — Schedule I.

Simple Possession of 25I will carry a sentence of 4 to 10 years.

Manufacturing and Distribution of 25I will carry a sentence of 5 to 50 years.

Lawmakers began eyeing criminalizing the drug after an Arkansas man died last week in New Orleans after reportedly overdosing on 25i at a festival.

At least five people have died nationwide this year after taking 25i, including the man who died in Louisiana, according to officials. Other deaths reportedly occurred in Minnesota, North Dakota, California and North Carolina.  Today, Louisiana becomes the second state, along with Virginia, to make 25i illegal.

Louisiana revised statute 40:962, gives State Health Officials authority to add new compounds as a Schedule I drug in the Controlled Dangerous Substance Act by rule if the substance has a high potential for abuse, has no currently accepted medical use in the U.S., and if there is no accepted safety use of the substance under medical supervision.

Officials said the synthetic drug is commonly manufactured in China and India, and is being sold in powder and liquid form online, which is how people access it in the United States.

 

Elizabeth B Carpenter — New Orleans Criminal Defense Attorney

 

Appeals Court Considers Marijuana Reclassification — New Orleans Criminal Defense Attorney

 

NEW ORLEANS MARIJUANA DEFENSE ATTORNEY

 

 

If you have been arrested for a Marijuana Offense in LouisianaElizabeth B. Carpenter, Esq.  Our fees are always discounted for Marijuana Offenses.

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

 

Appeals Court Considers Marijuana Reclassification

 

 

More than 10 years after it was initially filed, the latest petition to remove marijuana from Schedule Iof the Controlled Substances Act is finally giving the herb its day in court. The current classification lumps cannabis in with drugs such as heroin, LSD and mescaline.

The District of Columbia U.S. Circuit Court of Appeals heard oral arguments this week in the case of Americans for Safe Access v. Drug Enforcement Administration, providing an opening for medical marijuana reform advocates to challenge the conventional law enforcement contention that marijuana has a “high potential for abuse” and is “without accepted medical use in treatment in the United States.”

Joe Elford, Chief Counsel for Americans for Safe Access, described an endless cycle orchestrated by federal drug enforcers in an effective effort to keep marijuana on Schedule I indefinitely. He argued that the Department of Health and Human Services is actively stifling much-needed research into marijuana’s medical benefits, citing the Schedule I classification as the basis for controlling research. The DEA completes the cycle by arguing that marijuana can’t be removed from Schedule I because there isn’t enough available research. This strategy has for years put a stranglehold on any opportunity for federally-accepted research into the medical marijuana benefits found in other studies.

“They’ve created a catch-22 so that they never have to be responsible for moving marijuana off of Schedule I,” said Kris Hermes, spokesperson for Americans for Safe Access. “They’re placing politics before science.”

 

DEA attorney Lena Watkins argued that the federal government does allow for research into the medical efficacy of marijuana, and that there have been 15 such studies that have met the government’s exacting standards. When asked by the three-judge panel why those studies have not convinced the DEA that marijuana has a legitimate medical use, Watkins said, “we don’t have the final results yet.”

Watkins reminded the court that neither state legislatures nor voters are qualified to judge the accepted medical use of marijuana, and stressed that “marijuana is the most widely abused drug in America.”

“The DEA often argues that just by the fact that marijuana is used by so many in the United States, that it’s tantamount to having high potential for abuse,” Hermes said. “That’s a ludicrous standard, and it’s not consistent with the way it’s used by the FDA.”

 

Key Legal Hurdle

The issue that tripped up two prior appeals of marijuana’s classification may be the downfall of this effort as well: A plaintiff must prove that he’s been harmed in order to have legal standing to sue. Past attempts to reschedule the drug failed because the plaintiffs weren’t able to prove this to the court’s satisfaction.

Before adjourning, the appeals court ordered the plaintiffs to provide supplemental briefing to make their case for standing, indicating it could be a fatal stumbling block yet again.

“They’re taking the standing issue very seriously,” Hermes said.

The plaintiff in this case is Michael Krawitz, a disabled United States Air Force veteran. Krawitz uses medical marijuana in combination with more conventional medications to alleviate pain resulting from a military service injury. But Krawitz is being denied medical services by the Department of Veterans Affairs because he’s a medical marijuana patient.

Krawitz said marijuana’s Schedule I classification has “caused my fellow patients to be imprisoned, be denied work, be denied housing, be denied the right to a firearm, and be removed from transplant lists.”

“Despite being an Oregon card-holding medical marijuana patient, I’ve had to access medical treatment for my pain outside the VA,” Krawitz said, adding that “this is done openly as punishment to stop me from using cannabis.”

 

A Curious Question

Since the appeal of this petition was granted, medical marijuana advocates have argued that regardless of the outcome, the opportunity to bring evidence of marijuana’s medical benefits before a court is a victory in itself.

They may need to look for victories where they can, as Judge Merrick Garland asked one question that suggested an ominous outcome.

“Don’t we have to defer to the agency?” he asked, referring to the DEA. “We’re not scientists. They are.”

Far from being scientists, the DEA is a federal law enforcement agency operating within the Department of Justice.

Do you think that marijuana should be removed from Schedule I? How do you think it should be classified? Let us know in the comments section below.

 
Attorney Elizabeth B Carpenter has been a supporter of reforming Marijuana Laws for many years.  Currently, Louisiana has some of the harshest marijuana laws in the country, and it has the fifth-highest marijuana arrest rate in the United States.  Additionally, Louisiana has never had a law that effectively protects medical marijuana patients from arrest. In the last several sessions, Louisiana legislators have been too busy trying to increase marijuana penalties and refusing to introduce compassionate medical marijuana legislation.

 

 

 

Louisianans must form a united front and remain determined to stand up to the injustice of marijuana prohibition and accomplish decriminalization, no matter how long it takes to succeed.  

 

 

Possession or Distribution of a Schedule V Controlled Dangerous Substance — Louisiana

New Orleans Drug Possession Distribution Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney

 

Defending those accused of Drug Crimes in Jefferson, St. John, St. Bernard, Orleans, St. Tammany, Plaquemines St. James, Tangipahoa, Terrebonne and St. Charles Parishes!!!

 

Distribution or Possession of Drugs Listed in Schedule V Controlled Dangerous Substance  – La. R.S. 40:969

 

See Schedule I

See Schedule II

See Schedule III

See Schedule V

 

It is unlawful:

 

To produce, manufacture, possess with intent to producea controlled dangerous substance classified in Schedule V;

To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule V.

These crimes are felonies.

 

Penalties —  Manufacturing, Distributing or Possessing with Intent to Distribute a Schedule V Controlled Dangerous Substance.

 

Schedule V shall be sentenced to a term of imprisonment at hard labor for not more than five years; and, in addition, may be sentenced to pay a fine of not more than five thousand dollars

 

Possession a Schedule V Controlled Dangerous Substance

 

Penalties

It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription. Any person who violates this Subsection shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be required to pay a fine of not more than $5,000.00

 

 

 

Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney

Schedule V Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  
 The following is a list of Schedule IV controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.

 

SCHEDULE V CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964

 

SCHEDULE V

A.  Narcotic drugs containing nonnarcotic active medicinal ingredients.  Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1)  Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

(2)  Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.

(3)  Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.

(4)  Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulphate per dosage unit.

(5)  Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

(6)  Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

B.  Narcotic drugs.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:

(1)  Repealed by Acts 2006, No. 54, §2.

C.  Stimulants.  Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1)  Pyrovalerone

D.  Depressants.  Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(1)  Pregbalin

(2)  Lacosamide

E.(1)  Ephedrine, pseudoephedrine, phenylpropanolamine.  Unless listed in another schedule, any material, compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers.

(2)(a)  Nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be sold or distributed in a quantity greater than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base to the same purchaser within any thirty-day period.

(b)  Notwithstanding the prescription requirements for Schedule V controlled dangerous substances as provided for in R.S. 40:978(C), nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine may be dispensed without a prescription.

(3)(a)  No person shall purchase, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base within any thirty-day period.

(b)  This limit shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription written by a licensed health care professional having prescriptive authority.

(4)  Wholesale drug distributors licensed by the Louisiana State Board of Wholesale Drug Distributors and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, and phenylpropanolamine which are not listed in another schedule.

(5)  Except for sales log requirements and the transmittal of transaction information to the central computer monitoring system authorized by the provisions of Part X-F of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, pharmacies and pharmacists licensed by the Louisiana Board of Pharmacy and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine which are not listed in another schedule.

(6)  The transaction information provided for in R.S. 40:1049.3 for the purchase of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall constitute an “order from a practitioner” as provided for in R.S. 40:970(C).  Possession of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine pursuant to a valid transaction as provided for in R.S. 40:1049.3 shall be a defense for a violation of R.S. 40:970(C).

Phenazepam is now listed as a Schedule I in Louisiana — New Orleans Drug Crime Attorney

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  

 

Governor Bobby Jindal has signed Act 346 of the Louisiana 2012 Legislative Session.  This act adds phenazepam to the list of Schedule I controlled dangerous substances.

 

Phenazepam is a benzodiazepine drug, which was developed in the Soviet Union and now produced in Russia and some CIS countries. Phenazepam is used in the treatment of neurological disorders such as epilepsy, alcohol withdrawal syndrome and insomnia. It can be used as a premedication before surgery as it augments the effects of anesthetics and reduces anxiety. Recently, phenazepam has gained popularity as a recreational drug; abuse has been reported in the United Kingdom, Finland, Sweden and the United States.

 

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact Ms. Carpenter’s office for a consultation.  We want to protect your rights!

 

Possession and Distribution Bath Salts — Louisiana Drug Crime

ST. TAMMANY DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  

 

In early 2011, the Louisiana Legislature passed emergency legislation making the Possession and Sale of “Bath Salts”  illegal under La R.S. 40:966.  These Bath Salts are considered a Schedule I Controlled Dangerous Substance — by definition, this means that the substance has a high potential for abuse and has no currently accepted medical use in the U.S.

 

Illegal “Bath Salts” can be broken down into the following chemicals:

3,4-Methylenedioxymethcathinone (Methylone),

3,4-Methyenedioxypyrovalerone (MDPV),

4-Methylmethcathinone (Mephedrone),

4-methoxymethcathinone,

4-Fluoromethcathinone and

3-Fluoromethcathinone

 

By adding these chemicals to the controlled dangerous substance act as Schedule I drugs, the possession, manufacturing or distribution of these drugs will carry penalties similar to those of heroin, which could mean up to 30 years in prison.

 

“The goal of every drug crime case is to not be convicted”

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact our office for a consultation.  We want to protect your rights!

 

New Hampshire House Passes Marijuana Decriminalization Bill

Louisiana Marijuana Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Support the decriminalization of Marijuana!

 

New Hampshire House Passes

Marijuana Decriminalization Bill

by Phillip Smith, stopthedrugwar.org

The New Hampshire House barely passed a marijuana decriminalization bill Thursday. The bill squeaked by on a 162-161 vote, not enough to overcome a threatened veto by Gov. John Lynch (D).

New Hampshire State Capitol, Corcord (wikimedia.org)

Supporters were able to win passage only after Republican House Speaker Bill O’Brien abstained, allowing the one-vote victory.

The bill, House Bill 1526, would make possession of less than a half-ounce of marijuana a civil infraction for the first and second offenses, with fines capped at $250 and $500, respectively. Subsequent offenses would be misdemeanors punishable by up to a year in jail and a $1,000 fine. Current law specifies up to a year in jail and a $2,000 fine for any simple marijuana possession offense.

The bill is “a measured and calculated reduction in penalties,” wrote Rep. Kyle Tasker (R-Nottingham) in a report on the measure he wrote for the Criminal Justice Committee, which earlier approved it. It has worked well in neighboring states that have adopted it, he added.

But Gov. Lynch has promised to veto the measure if it makes it past the Senate.

“Marijuana is a controlled drug that remains illegal under federal law. New Hampshire parents are working to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable,” Lynch spokesman Colin Manning told theAssociated Press after the vote.

Fourteen states have decriminalized marijuana possession, including New Hampshire neighbors Massachusetts, Maine, and Connecticut.

Concord, NH

United States

NOPD Officer Who Shot Unarmed Pot Suspect in Gentilly is Identified

 

Louisiana Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

 

 

NOPD Officer Who Shot Unarmed Pot Suspect in Gentilly is Identified

 

By Brendan McCarthy, The Times-Picayune

 

New Orleans police officials confirmed Thursday that the 20-year-old man who was fatally shot by a plain-clothed narcotics officer during a drug raid at a Gentilly house a day earlier was unarmed. New Orleans police officer Joshua Colclough, 28, fired a single shot Wednesday evening that killed Wendell Allen, 20. Police officials were guarded in their comments about the shooting Thursday, citing the ongoing investigation.

wendell-allen-family-protest.jpg
Ted Jackson, The Times-PicayuneFamily members protest in front of NOPD headquarters during a news conference Thursday concerning the shooting of Wendell Allen. Allen’s grandmother is at left, his sister Karen Allen is at center, and his aunt Crystal Butler is at right.

“We have not been able to yet completely understand what exactly occurred,” Police Superintendent Ronal Serpas said Thursday.

The shooting took place inside a red-brick, two-story home at 2651 Prentiss Ave. in Gentilly. Officers were executing a search warrant at the home following a days-old probe of marijuana dealing. Serpas said officers later found drug paraphernalia and 138 grams of marijuana — about four and a half ounces — inside the residence.

It was the second fatal shooting of a suspect by police within a week in the NOPD’s 3rd District, a relatively sleepy swath of residential neighborhoods that stretch from Lakeview through Gentilly. In last week’s incident, in Mid-City, two officers were badly injured in a gunfight before the alleged gunman, 20-year-old Justin Sipp, was killed by police gunfire.

The response of city leaders to the two incidents, not surprisingly, has been markedly different. After last week’s shooting, city and police leaders gathered at a news conference. They called the the officers heroic, making clear that they believed the cops were provoked by civilian gunfire and that the officers’ actions appeared justified.

Officers are permitted to use deadly force, such as firing a gun, when they have a reasonable belief that they or somebody else is in imminent danger of death or bodily harm.

But on Thursday, NOPD officials offered no real narrative to explain what, if anything, prompted Colclough to fire on Allen, a former standout high school basketball player. Police officials repeatedly offered condolences to Allen’s family, while vowing to conduct a thorough, transparent investigation.

Serpas acknowledged that Allen was unarmed, that he was shot in the chest by a police officer, that narcotics officers were searching for drugs.

“We still have very many questions to answer,” Serpas said. “We will ensure and commit to our community that we will do so in the utmost of transparency and in the collaboration with our partners in the federal government, our partners in state government, and our supportive relationship with the independent police monitor.”

The investigation that led officers to the Prentiss Avenue home began earlier this week. A confidential informant for a Jefferson Parish sheriff’s deputy tipped off police that a man named “Troy” was dealing marijuana from inside the home, according to NOPD’s application for a search warrant. Police identified the alleged pot dealer as Troy Deemer, 19.

The warrant states that Jefferson Parish Sgt. John Pacaccio and NOPD Officer Michael Voltolina watched the house for a 48-hour period and saw several “hand-to-hand” drug transactions in the driveway.

On Wednesday, the officers allegedly spotted Deemer leave the home carrying a white package. They followed him to Jefferson Parish and stopped the pick-up truck after he failed to signal a lane change, according to Serpas. The JPSO deputies allegedly noticed a marijuana scent inside the truck. They called for a K-9 unit, and shortly later recovered a one-pound package of marijuana inside the truck, the warrant states.

 

map-allen-030912.jpg

 

With Deemer in custody, the investigators sought to search the Prentiss Avenue house.

At 5:15 p.m., a New Orleans Criminal District Court Magistrate Robert Blackburn signed a warrant authorizing the search of the home, and authorizing the seizure of any drugs, particularly marijuana, or weapons that could be tied to a drug trade.

The search commenced shortly afterward, about 5:40 p.m. Wednesday, just before dusk.

Four JPSO deputies formed a perimeter in the back of the house, police said. Three NOPD officers lined the front of the building. Meanwhile, an NOPD sergeant and five other NOPD officers went to the front door, according to Serpas.

They were in plainclothes but wore “raid jackets” identifying themselves as police officers, Serpas said.

“Before they entered the residence, officers announced their presence and announced their intention to serve a search warrant,” Serpas said. “Receiving no answer, they had to break the door.”

The officers spread through the house.

 

Serpas holds press conference on Wendell Allen ShootingSerpas holds news conference on Wendell Allen shooting
NOPD Superintendent Ronal Serpas holds a news conference concerning the shooting of Wendell Allen.

 

“While some officers moved upstairs, a single gunshot was heard,” Serpas added.

A single bullet struck Allen in the chest. It penetrated his lungs, heart and aorta, said Coroner Frank Minyard.

The lanky 6-foot 3-inch former basketball star fell to floor the in the stairwell. He came to rest on a landing. He died “almost instantly,” Minyard said.

There is no evidence that the gunshot came at close range; there was no evidence of gunpowder on Allen’s skin, Minyard said.

Allen’s sister, 14-year-old Jazmine Jones, said her brother was shirtless, wearing only pajama pants. She said Allen was upstairs inside his room, and she was watching television with a younger brother, when police barged through the front door.

“As soon as they run upstairs, I heard a gunshot,” Jones said. She described a chaotic scene, with mass confusion, as police spread through the home, guns drawn, and children scuttling about.

 

Grandmother of Wendell Allen speaks about her grandsonGrandmother of Wendell Allen speaks about her grandson
A 20-year-old man was shot in the chest and killed by New Orleans police who arrived at a Prentiss Avenue home early Wednesday evening with a narcotics search warrant, according to police and family members. The young man was identified as Wendell Allen, according to his grandmother, Deborah Allen.

 

“I don’t understand why this happened,” she said.

Police said that five children, ranging in age from 1 to 14, were in the house at the time. The children were taken to the Child Advocacy Center Wednesday night, police said.

Two men were detained inside the residence. Brandon Boles, 19, and Davin Allen, 20, were both arrested and booked with possession with the intent to distribute marijuana.

Serpas said officers recovered “digital scales, packing materials and 138 grams of marijuana,” inside the home. Though Allen was unarmed, someone inside the house alerted investigators to a gun “hidden inside the house,” Serpas said.

Officers later discovered a .380 caliber handgun. Serpas did not indicate whether the gun was legal or illegal, or whether it had been registered or stolen. Nor did he link it directly to Allen.

While Serpas released these details at a late-afternoon news conference at NOPD headquarters, Allen’s relatives stood outside, holding signs aloft demanding justice for their loved one.

They alleged that the shooting was unjustified and called police “killers.”

“They killed him for nothing,” said Allen’s aunt, Karen Allen, 32, of Sulphur.

Mayor Mitch Landrieu on Thursday pledged that the NOPD will conduct a “full, open and fair” investigation of the incident. In a midday briefing in his office, the mayor called the shooting was a “tragic event.”

“My heart goes out to the family of the young man who was killed,” he said, while declining to talk in detail about the facts of the case. Landrieu said he and Crime Commissioner James Carter met with Allen’s mother and grandmother for about 45 minutes Thursday morning in City Hall.

“She was upset, obviously,” Landrieu said about Allen’s mother. “She lost her baby boy. She wanted to make sure that justice was done.”

Landrieu repeatedly emphasized that two FBI agents are embedded in the NOPD’s Public Integrity Bureau, which investigates officer-involved shootings along with the agency’s homicide division. The city’s Independent Police Monitor will also monitor the NOPD’s investigation, he said.

Allen was a star basketball forward at the former Frederick Douglass High School, where he averaged 21 points per game in late January 2010. He made the Times-Picayune All-Metro team. He also played football at the school.

According to online court records, Allen was arrested in January 2011 on a felony charge of possessing marijuana with intent to distribute. He failed to appear for his first court appearance and was arrested three weeks later.

In March 2011, he entered an “Alford plea” — a plea deal in which the defendant is adjudicated guilty but does not actually admit guilt. Allen was given a five-year suspended sentence and credit for time served, the record shows, and released.

Other court records indicate that he had also been arrested on several minor municipal charges.

prentiss-avenue-police-shooting-women.jpgRusty Costanza, The Times-PicayuneWomen grieve after Wendell Allen, 20, was shot and killed by a New Orleans police officer in the 2600 block of Prentiss Avenue on Wednesday.

Colclough, 28, began his career at the NOPD in September 2007. Before serving on the force he worked at the New Orleans Private Patrol in the Garden District, according to his application to the city. His personnel file is relatively thin; he received a five-day suspension for his role in a minor traffic accident. He was reassigned to desk duty in the wake of the shooting.

Raymond Burkart III, a spokesman for the local Fraternal Order of Police lodge, urged citizens Thursday not to rush to judgment.

“We don’t know what happened. And we can’t guess, we need to find out the actual facts,” he said. “It’s only a day after the shooting. This thing is being investigated by no less than three groups within the police department, the police monitor, as well as federal agents.”

Burkart, while declining to speak about Colclough, said that serving a search warrant is a high-stress, terrifying situations for an officer. “You don’t know who’s on the other side of the door, if people are hiding, if people are armed or unarmed.”

Methamphetamine Possession / Distribution — Louisiana

New Orleans Criminal Defense

 

If you have been charged with Possession or Distribution of Methamphetamine in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side.  Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation.  Ms. Carpenter has experience defending every kind of drug case imaginable.  

 

Under the Louisiana Criminal Code, Methamphetamine is classified as a Schedule II controlled dangerous substance.

 

The penalties pertaining to possession and distribution are as follows:

 

 

Possession Methamphetamine Penalties

Any person knowingly or intentionally found to possess Methamphetamine, shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be sentenced to pay a fine of not more than $5,000.

 

 

Distribution or Possession With Intent to Distribute Methamphetamine

Production or manufacturing shall be sentenced to imprisonment at hard labor for not less than 10 nor more than 30 years, at least 10 years of which shall be served without benefit of parole, probation, or suspension of sentence, and may be fined not more than $500,000.

Distribution, dispensing, or possession with intent to distribute shall be sentenced to a term of imprisonment at hard labor for not less than 2 years nor more than 30 years, with the first 2 years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than $50,000 dollars.

 

Enhanced Penalties for Possession of Methamphetamine (larger quantities) 

Possession of 28 grams or more, but less than 200 grams, of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000 dollars.

Possession of 200 grams or more, but less than 400 grams, of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000 dollars, nor more than $350,000 dollars.

Possession of 400 grams or more of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years and to pay a fine of not less than $250,000, nor more than $600,000.

 

 

 

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