By Brian Smith
A marijuana trafficking charge against a Madison County man was reduced after the arresting officer admitted it was based on statements he had made and not on the amount of the drug found following a traffic stop.
James Christopher Johnson, 22, of Red House Road, is charged with first- and second-degree trafficking in a controlled substance, misdemeanor trafficking in marijuana and possession of drug paraphernalia.
He had been charged with felony marijuana trafficking after admitting during a police interview to selling more than 10 pounds of marijuana a week, Richmond police officer Chip Gray testified Wednesday in Madison District Court.
Gray made the July 19 traffic stop that resulted in Johnson’s arrest after seeing Johnson fail to stop at the intersection of N. Poplar Street and Ballard Drive.
According to his testimony, Gray issued a warning citation to Johnson and asked him to step out of the car, then asked for and received verbal permission to search the car.
Johnson’s attorney, Jim Baechtold, questioned Gray about why he asked Johnson to step out of the car and why Johnson was held for 45 minutes after the citation was issued before being placed under arrest.
Gray testified that it was his procedure based on his education and training to ask people to step out of their cars when issuing citations.
Gray’s search of the car uncovered a drawstring bag in the rear of the car that contained 7.8 ounces of marijuana, 22 OxyContin pills, 10 Lortab pills and a Percocet pill. Johnson also admitted to police that a set of scales were in the car.
During the interview with police at the Richmond Police Department, Gray testified that Johnson said he was unemployed and had started selling drugs to support his wife and daughter, and when narcotics investigators joined the interview, made the statement about the amount of marijuana he sold.
Senior Judge David Hayse amended the marijuana trafficking charge to a misdemeanor because police did not seize more than the minimum five pounds of the drug to sustain the felony charge.
Hayse did find probable cause to send the charges to a Madison County grand jury following the hearing.
Assault case continued
A man charged with second-degree assault for a fight on Turpin Drive, which ended with an aluminum baseball bat allegedly being used, saw his case continued for a week while prosecutors subpoena the victim in the case.
Daniel Cornelison, 22, allegedly struck a man with the bat during a July 29 fight in the 400 block of Turpin Drive.
The victim suffered a possible broken hand as well as head and leg injuries in the fight, police said.
County Attorney Marc Robbins is attempting to subpoena the victim to obtain more information in the case, he told Hayse.
Cornelison’s bond remains set at $10,000 cash after Hayse declined a bond reduction request.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
