By Brian Smith
A man charged with twice selling prescription pills to an undercover informant and intimidating a witness is seeking to have his case diverted before it goes to trial.
Gary Johnson, 46, of Luxon Drive, is facing two counts of second-degree trafficking in controlled substances and a charge of intimidating a participant in a legal process.
He was arrested in September after an indictment returned by a Madison County grand jury was unsealed. The indictment was based on an investigation by the Richmond Police Department’s narcotics unit.
Johnson is the brother of Central Kentucky Area Drug Task Force director Rick Johnson, according to information provided by Richmond police.
According to court records, Gary Johnson allegedly sold hydrocodone pills to an informant working for Richmond police in transactions on Feb. 20, 2009, and March 2, 2009.
The indictment also alleges that during a period from June 15 to July 10, he attempted to intimidate a witness in his case by threatening to kill the witness.
The diversion motion filed Oct. 12 by Gary Johnson’s attorney, Richmond lawyer Jimmy Dale Williams, seeks to have the charges diverted because they are the first felony charges against Johnson.
The motion also cites the fact that Johnson has a disability claim pending and is unable to work, and suggests that random drug testing be a requirement of the diversion plan.
If the motion is granted and Johnson successfully completes the diversion, the charges against him would be dismissed.
The prosecutor in the case, assistant commonwealth’s attorney Moriah Greer, filed a response to the motion that objects to diversion being granted.
Greer declined to comment Friday when asked about the case except to state that a response to the motion had been filed with the court.
Johnson is free on a $10,000 bond at 10 percent, court records show. Madison Circuit Judge Jean C. Logue is scheduled to hear the motion at 12:30 p.m. Monday.
Attempts to reach Rick Johnson for comment went unreturned.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
